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30942
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
ENVIRONMENTAL  PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)

40 CFR Ch. I

FRL-7461-6

Spring 2003 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.


SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Regulatory Agenda to update the public
about:
• Regulations and major policies
  currently under development,
• Reviews of existing regulations and
  major policies, and
• Regulations and major policies
  completed or canceled since the last
  Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: ncepimal@one.net, or
call 800-490-9198. There is no charge
for single copies of the Agenda.
FOR FURTHER INFORMATION OR TO MAKE
GENERAL SUGGESTIONS CONTACT: If you
have questions or comments about a
particular action, please get in touch
with the agency contact listed in each
Agenda entry. If you have general
questions about or suggestions for
improving the Agenda or questions
about EPA's decision making 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
SUPPLEMENTARY INFORMATION:
Table of Contents
a.  What Is EPA's Goal in Developing
  Regulations and Policies and What
  Key Principles  Drive EPA's
  Rulemaking and Policymaking
  Process?
b.  What Laws and Executive Orders
  Apply to EPA's Regulatory
  Development Efforts?
c.  How Can You  be Involved in EPA's
  Rule and Policy Making Process?
d.  What Actions  Are Included in the
  Agenda?
e.  How Is the Agenda Organized?
f. What Information  Is in Agenda
  Entries?
g.  How Can You  Find Out More About
  EPA Rulemakings?
                     h. What Special Attention Do We Give
                       to the Impacts of Rules on Small
                       Businesses, Small Governments, and
                       Small Nonprofit Organizations:
                     i. Acknowledgment of Those Involved
                       in the Rulemaking Process
                     A. What Is EPA's Goal in Developing
                     Regulations and Policies and What Key
                     Principles Drive EPA's Rulemaking and
                     Policymaking Process?
                       Our primary objective is to protect
                     human health and the environment. To
                     achieve this objective and ensure that
                     our decisions are cost-effective and fully
                     protective, we conduct high quality
                     scientific, economic, and policy
                     analyses. These analyses are planned
                     and initiated at early stages in the
                     regulatory development process,  so that
                     Agency decision makers are well
                     informed of the qualitative and
                     quantitative benefits and costs as they
                     select among alternative approaches. It
                     is also important that we continue to
                     apply new and improved methods to
                     protect the environment, such as:
                     building flexibility into regulations from
                     the very beginning, creating strong
                     partnerships with the regulated
                     community, vigorously engaging in
                     public outreach and involvement, and
                     using effective nonregulatory
                     approaches. Research, testing and
                     adoption of new environmental
                     protection methods is also a central
                     tenet in environmental problem solving.
                     The integration of all these elements via
                     a well managed regulatory development
                     process and a strong commitment to
                     innovative solutions will ensure that we
                     all benefit from significant
                     environmental improvements that are
                     fair, efficient, and protective. Our
                     overall success is measured by our
                     effectiveness in protecting human
                     health and the environment.
                     B. What Laws and Executive Orders
                     Apply to EPA's Regulatory
                     Development Efforts?
                       Besides the fundamental
                     environmental laws authorizing EPA
                     actions such as the Clean Air Act and
                     Clean Water Act, there are legal
                     requirements that apply to the issuance
                     of regulations that are generally
                     contained in the Administrative
                     Procedure Act, the Regulatory
                     Flexibility Act as amended by the Small
                     Business Regulatory Enforcement
                     Fairness Act, the Unfunded Mandates
                     Reform Act, the Paperwork Reduction
                     Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act.

  We also must meet a number of
requirements contained in Executive
orders. Of particular significance for
EPA mlemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4,1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994 ), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255, August  10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249, November 9, 2000), and 13211
(Energy; 66 FR 28355, May 22, 2001).

  You  can find information on these
laws and Executive orders through links
from www.epa.gov/regagenda.

C. How Can You Be Involved in EPA's
Rule and Policy Making Process?

  You  can make your voice heard by
getting in touch with the contact person
provided in each Agenda entry. We urge
you to  participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register. To be
most effective,  comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or non-regulatory action. It is also
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.

  We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems. We urge you to
become involved in this process.

D. What Actions Are Included in the
Agenda?

  EPA includes regulations and certain
major policy documents in the Agenda.
We generally do not include minor
amendments or the following categories
of actions:
• Administrative actions such as
  delegations of authority, changes of
  address or phone numbers.
• Under the Clean Air Act: Revisions to
  State Implementation Plans;
  Equivalent Methods for Ambient Air
  Quality Monitoring; Deletions from

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EPA
  the New Source Performance
  Standards source categories list;
  Delegations of Authority to States;
  Area Designations for Air Quality
  Planning Purposes.
• Under the Federal Insecticide,
  Fungicide, and Rodenticide Act:
  Decision documents defining and
  establishing registration standards;
  decision documents and termination
  decisions for the Special Review
  Registration process; and data call-in
  requests made under section
  3(c)(2)(B).
• Under the Federal Food, Drug, and
  Cosmetic Act: Actions regarding
  pesticide tolerances and  food additive
  regulations, including the tolerance
  reassessment process.
• Under the Resource Conservation and
  Recovery Act: Authorization of State
  solid waste management plans;
  hazardous waste delisting petitions.
• Under the Clean Water Act: State
  Water Quality Standards; deletions
  from the section 307(a) list of toxic
  pollutants; suspensions of toxic
  testing requirements under the
  National Pollutant Discharge
  Elimination System (NPDES);
  delegations of NPDES authority to
  States.
• Under the Safe Drinking Water  Act:
  Actions on State underground
  injection control programs.
  There is no legal significance to the
omission of an item from the  Agenda.
E. How Is the Agenda Organized?

  We have organized the Agenda:
• First, into fourteen divisions based on
  the law that would authorize a
  particular action. These divisions are:

1. General, which includes cross-cutting
  actions, such as rules authorized by
  multiple statutes and general
  acquisition rules

2. The Clean Air Act (CAA)

3. The Atomic Energy Act (AEA)

4. The Federal Insecticide,  Fungicide,
  and Rodenticide Act (FIFRA)

5. The Federal Food, Drug, and
  Cosmetic Act (FFDCA)

6. The Toxic Substances Control Act
  (TSCA)

7. The Emergency Planning and
  Community Right-to-Know Act
  (EPCRA)
8. Chemical Safety Information, Site
  Security and Fuels Regulatory Relief
  Act

9. The Resource Conservation and
  Recovery Act (RCRA)

10. The Oil Pollution Act (OPA)

11. The Comprehensive Environmental
  Response, Compensation, and
  Liability Act (CERCLA) Superfund

12. The Clean Water Act (CWA)

13. The Safe Drinking Water Act
  (SDWA)

14. The Shore Protection Act (SPA)
• Second, by the current stage of
  development. The stages are:

1. Prerulemaking - Prerulemaking
  actions are generally intended to
  determine whether EPA should
  initiate rulemaking. Prerulemakings
  may include anything that influences
  or leads to rulemaking, such as
  advance notices of proposed
  rulemaking (ANPRMs), significant
  studies or analyses of the possible
  need for regulatory action,
  announcement of reviews of existing
  regulations required under section
  610 of the Regulatory Flexibility Act,
  requests for public comment on the
  need for regulatory action, or
  important preregulatory policy
  proposals.

2. Proposed Rule - This  section includes
  EPA rulemaking actions that are
  within a year of proposal (publication
  of Notices of Proposed Rulemakings
  (NPRMs)).

3. Final Rule - This section includes
  rules that will be issued as a final rule
  within a year.

4. Long-Term Action - This section
  includes rulemakings for which the
  next scheduled regulatory action is
  after May 2004.

5. Completed Action - This section
  contains actions that have been
  promulgated and published in the
  Federal Register since publication of
  the Fall 2002 Agenda. It also includes
  actions that we are no longer
  considering. If an action  appears in
  the completed section, it will not
  appear in future Agendas unless we
  decide to initiate action again, in
  which case it will  appear as a new
  entry. EPA also announces the results
  of our Regulatory Flexibility Act
  section 610 reviews in this section of
  the Agenda.
• Third, by the section number of the
  statute which requires or authorizes
  the rule.
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
have not appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
  Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
  Economically Significant: Under
Executive Order  12866, a rulemaking
action that may have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition,  jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
  Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
• 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 and
  obligations of recipients; or
• Raise novel legal or policy issues
  arising out of legal mandates, the
  President's priorities, or the
  principles in Executive Order 12866.
  Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is neither Significant, nor Routine
and Frequent, nor
Informational/Administrative/Other.
  Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in

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EPA
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
  Informational/Administrative/Other:
An action that is primarily
informational or pertains to 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 Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
  Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
  CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
  Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
  Abstract: A brief description of the
problem the action will address.
  Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the Agenda are our best estimates as of
the date we submit the Agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
  Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
                      preparing a regulatory flexibility
                      analysis under section 603 or 604 of the
                      Regulatory Flexibility Act (RFA).
                      Generally, such an analysis is required
                      for proposed or final rules subject to the
                      RFA that EPA believes may have a
                      significant economic impact on a
                      substantial number of small entities.
                        Small Entities Affected: Indicates
                      whether we expect the rule to have any
                      effect on small businesses, small
                      governments, or small nonprofit
                      organizations
                        Government Levels Affected: Indicates
                      whether we expect the rule to have any
                      effect on levels of government and, if so,
                      whether the governments are State,
                      local, tribal, or Federal.
                        Federalism Implications: Indicates
                      whether the action is expected to have
                      substantial direct effects on the States,
                      on the relationship between the national
                      government and the States,  or on the
                      distribution of power and
                      responsibilities among the various
                      levels of government.
                        Unfunded Mandates: Section 202 of
                      the Unfunded Mandates Reform Act
                      generally requires an assessment of
                      anticipated costs and benefits if a rule
                      includes a mandate that may result in
                      expenditures of more than $100 million
                      in any one year by State, local, and
                      tribal governments, in the aggregate, or
                      by the private sector. If we expect to
                      exceed this $100 million threshold, we
                      note it in this section.
                        Energy Impacts: Indicates whether the
                      action is a significant energy action
                      under Executive Order 13211.
                        Agency Contact: The name, address,
                      phone number, and e-mail address, if
                      available, of a person who is
                      knowledgeable about the regulation.
                        SAN Number: A code number that
                      EPA uses to identify and track
                      rulemakings.
                        URLs: For some of our actions we
                      include the Internet addresses for:
                      reading copies of rulemaking
                      documents; submitting comments on
                      proposals; and getting more information
                      about the rulemaking and the program
                      of which it is a part.
                        RIN: The Regulatory Identifier
                      Number is used by OMB to  identify and
                      track rulemakings. The first four digits
                      of the RIN stand for the EPA office with
                      lead responsibility for developing the
                      action.
G. How Can You Find Out More About
EPA Rulemakings?

1. Regulatory Agenda Databases and
  Search Engines: If you have access to
  the Internet you can use databases
  and their accompanying search
  engines developed by the EPA and the
  Regulatory Information Service Center
  (RISC) at the General Services
  Administration to help you locate
  actions that are of interest to you. The
  EPA Regulatory Agenda search engine
  is located at www.epa.gov/regagenda.
  We thoroughly update this database
  each spring and fall and we partially
  update it several other times during
  the year. RISC's searchable databases
  are at http://ciir.cs.umass.edu/ua/.
  They includes links to all agencies'
  Regulatory Agendas and Regulatory
  Plans going back to October 1995.

2. Appendices to the Agenda: There are
  six appendices that provide:
• An index based on subject  matter
• A list of actions that may have a
  significant impact on a substantial
  number of small businesses, small
  governments, or small non-profit
  organizations
• A list of actions that may have some
  impact on some small businesses,
  small governments, or small non-
  profit organizations but which may
  either have less than a significant
  impact or affect fewer than a
  substantial number of them
• A list of the existing rules that we are
  reviewing under section 610 of the
  Regulatory Flexibility Act
• A list of actions that may affect State,
  local, or tribal governments, and
• A list of actions that may have
  federalism implications as  defined in
  Executive Order 13132.

3. Public Dockets and Other URLs for
  Individual Actions: When EPA
  announces the initiation of a
  rulemaking, typically through the
  publication of an advance notice of
  proposed rulemaking or a notice of
  proposed rulemaking in the Federal
  Register, the Agency may establish an
  official docket to accumulate
  materials throughout the development
  process for that rulemaking. The
  official docket serves as the repository
  for the collection of documents or
  information related to a particular
  agency action or activity. EPA most
  commonly uses dockets for
  rulemaking actions, but dockets may
  also be used for various other non-

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                                                                    30945
EPA
  rulemaking activities, such as Federal
  Register documents seeking public
  comments on draft guidance, policy
  statements, information collection
  requests under the Paperwork
  Reduction Act, and other non-rule
  activities. In 2002, EPA released its
  online electronic docket and comment
  system, EDOCKET at
  http://www.epa.gov/edocket. For
  those matters included in EDOCKET,
  you may use EDOCKET to submit or
  view public comments, to access the
  index listing of the contents of the
  official public docket, and to access
  those documents in the public docket
  that are available electronically. Once
  in the system, select "search," then
  key in the appropriate docket
  identification number for the
  particular rulemaking action. In
  addition, the Agenda entry may
  provide other URL addresses that link
  to more information about the
  individual action or related program.

4. EPA's FY03 Regulatory Plan: The
  Regulatory Plan, which is published
  in the fall of each year, covers the core
  of our priority actions that we
  expected to be published by
  September 2003. We have 34 actions
  in the December 2002 Plan. There are
  entries for each of these actions  in the
  Spring 2003 Regulatory Agenda, but
  we discuss them in greater detail in
  the Plan. You can view the Plan at
  www.epa.gov/regagenda

5. The Regulatory Agenda Collection in
  the EPA History Office has a complete
  collection of Regulatory Agendas and
  related materials. A list of the
  contents including exact citations for
  all Agendas is at:
  http://www.epa.gov/history/
  collection/aid41.htm

6. Listservers: If you want to get
  automatic e-mails about areas of
  particular interest, 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.
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

7. Access to Interpretive Documents: To
  provide a central point of access to
  non-binding general policy, guidance,
  and interpretive documents that
  describe how the Agency intends to
  exercise its discretionary authority
  and explains what a statute or
  regulation means, EPA developed a
  web site at
  http://www.epa.gov/guidance/. The
  site provides access to a collection of
  non-binding guidance materials
  issued by EPA Headquarters offices
  since January 1,1999, and was
  developed to assist State and tribal
  officials, representatives of companies
  and organizations that must comply
  with environmental regulations, and
  individuals that are concerned with
  how environmental regulations and
  statutes are being implemented or
  enforced. The goal is that,  through a
  central interface to a collection of
  guidance materials, it will be easier
  for an individual or institution to
  understand what guidance is available
  when complying with environmental
  regulations.
H. What Special Attention Do We Give
to the Impacts  of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
  For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA, the Agency must
prepare a formal analysis of the
potential negative impacts on small
entities, convene a Small Business
Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity
Compliance Guide (final rule stage)
unless the Agency certifies a rule will
not have a significant economic impact
on a substantial number of small
entities. For more detailed information
about the Agency's policy and practice
with respect to implementing
RFA/SBREFA, please visit the
RFA/SBREFA website at
http://www.epa.goV/sbrefa/.See
Appendix B at the end of the Agenda,
"Index to Environmental Protection
Agency Entries for which a Regulatory
Flexibility Analysis is Required" for a
list of these rules. See Appendix C for
a list of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
  The Regulatory Flexibility Act (RFA)
section 610 requires that an agency
review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SISNOSE). For EPA rules issued in
1992-1997, EPA went beyond the
requirements of the RFA by preparing
regulatory flexibility analyses for rules
that would have any adverse impact on
any number of small entities, regardless
of the size of impact or number of small
entities. In effect, many rules that EPA
would otherwise have certified as not
having a  SISNOSE were not formally
certified  during this time period. After
the RFA was amended in 1996 by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA), EPA returned to
its earlier practice of formally certifying
rules with no SISNOSE under the RFA
while continuing to offer outreach and
accommodation to regulated small
entities for those rules. EPA has
identified seven rules issued before
SBREFA  was passed that were not
formally  certified yet do not and will
not have  a SISNOSE. EPA has
determined that these seven rales are
not subject to section 610 review, and,
even if a  section 610 review were
conducted, revision of the rules would
not be warranted. A list of these seven
rules is available at epa.gov/sbrefa.
  There are six rules for which we are
conducting section  610 reviews this
year. We  undertake these reviews to
decide whether we  should continue the
rale unchanged, amend it, or withdraw
it. We announce our forthcoming
section 610 reviews in the "Prerule"
section of the Agenda.  We encourage
small entities to provide comments on
the need  to change these rales. We will
consider  all of your comments as we
decide whether to continue, amend, or
withdraw these rales. We particularly
encourage comments by small  entities
about how these rules could be made
clearer, more effective, or remove
conflicting or overlapping requirements

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EPA
with other Federal or State regulations.
The six reviews are:
           Review RIN# and EDOCKET ID#
                                                         Rule Being Reviewed
             2040-AD96; OW-2003-0016
             2060-AK64; OAR-2003-0029
             2060-AK65; OAR-2003-0030

             2060-AK66; OAR-2003-0031
            2070-AD65; OPPT-2003-0015

             2070-AD66; OPP-2003-0115
                                  Standards for the Use or Disposal of Sewage Sludge
                                  NESHAPs for Source Categories, Perchloroethylene Dry Cleaning Facilities
                                  Regulations of Fuels and Fuel Additives: Standards for Reformulated and Con-
                                   ventional Gasoline
                                  Inspection and Maintenance Requirements for Mobile Sources of Air Pollution
                                  Lead; Requirements for Lead-Based  Paint Activities in Target  Housing  and
                                   Child-Occupied Facilities
                                  Worker Protection Standards for  Pesticides
  EPA has established an official public
docket for each of these 610 reviews
under a docket identification (ID)
number as indicated above. The official
public docket is the collection of
materials that is available for public
viewing at the docket facility. An
electronic version of the public docket
is available through EPA's electronic
public docket and comment system,
EPA Dockets. You may use EPA Dockets
at http://www.epa.gov/edocket to
submit or view public comments, access
the index listing of the contents of the
official public docket, and to access
those documents in the public docket
that are available electronically. Once in
the system, select "search," then key in
the appropriate docket ID number.

  Certain types of information will not
be placed in the EPA Dockets.
Information claimed as confidential
business  information (CBI) and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA's  electronic public docket. EPA's
policy is  that copyrighted material will
not be placed in EPA's electronic public
docket but will be available only in
printed, paper form in the official public
docket, To the extent feasible, publicly
available docket materials will be made
available in EPA's electronic public
docket. When a document is selected
from the  index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA's electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified above. EPA intends to
work towards providing electronic
access to all of the publicly available
docket materials through EPA's
electronic public docket.
                        Unless otherwise indicated, please
                      direct your comments to the identified
                      Docket ID number for the specific 610
                      review item. For these 610 reviews,
                      please DO  NOT submit CBI or
                      information that is otherwise protected
                      by statute.  You may submit comments
                      electronically, by mail, or through hand
                      delivery/courier using one of the
                      following methods:

                      1. Electronically. If you submit an
                        electronic comment as prescribed
                        below, EPA recommends that you
                        include your name, mailing address,
                        and an e-mail address or other contact
                        information in the body of your
                        comment. Also include this contact
                        information on the outside of any disk
                        or CD ROM you submit, and in any
                        cover letter accompanying the disk or
                        CD ROM. This ensures that you can
                        be identified as the submitter of the
                        comment and allows EPA to contact
                        you in case EPA cannot read your
                        comment due to technical difficulties
                        or needs further information on the
                        substance of your comment. EPA's
                        policy is that EPA will not edit your
                        comment, and any identifying or
                        contact information provided in the
                        body of a comment will be included
                        as part of the comment that is placed
                        in the official public docket, and
                        made available in EPA's electronic
                        public docket. If EPA cannot read
                        your comment due to technical
                        difficulties and cannot contact you for
                        clarification, EPA may not be able to
                        consider your comment.

                      i. EPA Dockets. Your use of EPA's
                        electronic public docket to submit
                        comments to EPA electronically is
                        EPA's preferred method for receiving
                        comments. Go directly to EPA
                        Dockets  at
                        http://www.epa.gov/edocket, and
                        follow the online instructions for
                        submitting comments. Once in the
  system, select "search," and then key
  in the appropriate Docket ID number.
  The system is an "anonymous access"
  system, which means EPA will not
  know your identity, e-mail address, or
  other contact information unless you
  provide it in the body of your
  comment.

  ii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified below. These electronic
submissions will be accepted in
WordPerfect or ASCII file format. Avoid
the use of special characters and any
form of encryption.

2. By Mail. Send your comments,
  identified by the appropriate Docket
  ID number, to: EPA Docket Center
  (EPA/DC), Environmental Protection
  Agency, Mailcode: [insert #], 1200
  Pennsylvania Ave., NW, Washington,
  DC, 20460

3. By Hand Delivery or Courier. Deliver
  your comments, identified by the
  appropriate Docket ID number, to:
  EPA Docket Center (EPA/DC), EPA
  West, Room B102,1301 Constitution
  Ave., NW, Washington, DC. The EPA
  Docket Center Public Reading Room is
  open from 8:30 a.m. to 4:30 p.m.,
  Monday through Friday, excluding
  legal holidays. The telephone number
  for the Reading Room is (202)  566-
  1742. Such deliveries are  only
  accepted during the Docket's normal
  hours of operation as identified
  below.

  For public commenters, it is
important to note that EPA's policy is
that public comments, whether
submitted electronically or on paper,
will be made available for public
viewing in EPA's electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   30947
EPA
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA's electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket. Public comments
submitted on computer disks that are
mailed or delivered to the docket will be
transferred to EPA's electronic public
docket. Public comments that are
mailed or delivered to the docket will be
scanned and placed in EPA's electronic
public docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA's
electronic public docket along with a
brief description written by the docket
staff.
  Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked "late." EPA is not required to
consider these late comments. For these
actions, please DO NOT submit CBI or
information that is otherwise protected
by statute.
I. Acknowledgment of Those Involved
in the Rulemaking Process
  Finally, I would like to thank the
members of the public who have taken

  GENERAL—Proposed Rule Stage
the time to get involved in the
rulemaking process. Experience has
taught us that we must listen to and
involve our stakeholders if we hope to
fully understand the issues and write
the most effective rules. Over the years
you, the public, have submitted an
enormous number of comments on our
rulemakings. We have heard all of them
and adopted many. We look forward to
your continued participation in the
Agency's rulemaking.

Dated: April 21, 2003.
Jessica L. Furey,
Associate Administrator, Office of Policy,
Economics, and Innovation.
Sequence
Number
3005
3006
3007
3008
3009
3010
3011
3012
3013

Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements 	
SAN No. 3580 Incorporation of Class Deviations Into EPAAR 	
SAN No 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions and Denials of Pesticide Registrations 	 . ... 	 	
SAN No 4693 Privacy Act Regulations (Revised)
SAN No. 4191 Revision to EPAAR 1552211-73, Level of Effort 	 	 	
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest 	
SAN No. 4742 Continuation of Implementing the Empowerment Initiative 	
SAN No. 4463 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Strategy 	

Regulation
Identification
Number
2020-AA39
2030-AA37
2020-AA42
2020-AA44
2025-AA13
2030-AA64
2030-AA67
2030-AA81
2070-AD45

                                         GENERAL—Final Rule Stage
Sequence
Number
3014
3015
3016
3017
3018
3019
3020
3021
3022

Title
SAN No. 4747 Implementation of Authority To Appoint Research Scientists Under 42 USC 	
SAN No 3817 Implementation of Changes to Governmentwide Debarment and Suspension Common Rule 	
SAN No 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR) 	
SAN No 4572 Fellowship Grant Regulation Revision ... 	
SAN No 4733 Background Investigations for Contractors Performing Services Onsite 	
SAN No 4761 Waste Isolation Pilot Plant (WIPP) FY 2002 Report to Congress
SAN No 4473 Regulatory Incentives for the National Environmental Performance Track Program 	
SAN No 4530 EPA Agencywide Public Involvement Policy 	
SAN No. 4536 Project XL Site-Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces New Mexico 	 	

Regulation
Identification
Number
2030-AA83
2030-AA48
2025-AA07
2030-AA77
2030-AA80
2060-AK79
2090-AA13
2090-AA23
2090-AA27

                                        GENERAL—Long-Term Actions
Sequence
Number
3023
3024
3025

Title
SAN No. 4021 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs
and Activities Receiving Federal Financial Assistance
SAN No 3240 Public Information and Confidentiality Regulations 	
SAN No 3671 Guidelines for Carcinogen Risk Assessment 	

Regulation
Identification
Number
2020-AA36
2025-AA02
2080-AA06


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30948
      Federal Register/Vol.  68, No.  101/Tuesday,  May  27,  2003/Unified  Agenda
EPA
                                           GENERAL—Completed Actions
Sequence
Number
3026
3027
3028
3029

Title
SAN No. 4780 Administrative Changes and Technical Amendments to EPAAR 	 	
SAN No. 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act 	
SAN No. 4650 Contractor Performance Evaluations 	
SAN No. 4435 Project XL Site-Specific Rule for International Paper Mill in Jay, Maine 	

Regulation
Identification
Number
2030-AA82
2025-AA04
2030-AA79
2090- AA31

                                          GENERAL—Discontinued  Entries
  Regulation
 Identification
   Number
                                 Title
   Date
         Comments
  2030-AA50

  2030-AA57

  2030-AA62
   SAN No. 3876 Incrementally Funding Fixed Price Contracts

   SAN No. 4185 Electronic Funds Transfer

   SAN No. 4187 EPAAR Coverage on Local Hiring and Training
05/06/2003

05/06/2003

03/13/2003
Withdrawn - No further action
  anticipated.
Withdrawn - No further action
  anticipated.
Withdrawn - Superseded by
  Coverage in HubZone Pro-
  gram
                                       CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
3030
3031
3032
3033

Title
SAN No. 4785 NESHAP: Perchlorethylene Dry Cleaning Facilities (Section 610 Review) 	
SAN No. 4786 Standards for Reformulated and Conventional Gasoline (Section 610 Review) 	
SAN No 4787 Inspection/Maintenance Program Requirements (Section 610 Review) 	 	
SAN No 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC) .. 	

Regulation
Identification
Number
2060-AK64
2060-AK65
2060-AK66
2060-AK75

                                   CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
 Number
                                             Title
                            Regulation
                           Identification
                             Number
  3034

  3035

  3036
  3037
  3038
  3039

  3040
  3041
  3042
  3043
  3044
  3045

  3046

  3047
  3048
  3049
  3050
  3051
SAN  No. 4755 Accidental Release Prevention  Requirements: Risk Management Programs Requirements Under
 Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements	
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 	
SAN  No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives ..
SAN  No. 3649 Amendments to Method 24 (Water-Based Coatings) 	
SAN  No. 4070 General Conformity Regulations; Revisions	
SAN  No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
 Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions 	
SAN  No. 3746 NESHAP: Paint Stripping Operations	
SAN  No. 4683 Air Quality: Revision to Definition of Volatile Organic Compounds — Exclusion of 4 Compounds	
SAN  No. 3975 Review of Minor New Sources and Modifications in Indian Country	
SAN  No. 4625 Implementation Rule for 8-hour Ozone NAAQS 	
SAN  No. 4752 Implementation Rule for PM-2.5 NAAQS 	
SAN  No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
 (40 CFR Part 60, Appendix F, Procedure 3) 	
SAN  No. 4119 Performance Specification 16 — Specifications and Test Procedures for Predictive Emission Moni-
 toring Systems in Stationary Sources 	
SAN  No. 4161 Revisions to Methods 3A, 6C, 7E, 10, and 20	
SAN  No. 4310 NESHAP: Printing and Publishing Industry; Amendments 	
SAN  No. 4313 Petitions To Delist Hazardous Air Pollutants:  MEK  	
SAN  No. 4571 Electric Utility Steam Generating Unit MACT  Regulation 	
SAN  No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement Court Remand 	
                            2050-AF09

                            2060-AJ23
                            2060-AJ61
                            2060-AF72
                            2060-AH93

                            2060-AK60
                            2060-AG26
                            2060-AK37
                            2060-AH37
                            2060-AJ99
                            2060-AK74

                            2060-AH23

                            2060-AH84
                            2060-AK61
                            2060-AI66
                            2060-AI72
                            2060-AJ65
                            2060-AJ78

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                  Federal  Register/Vol.  68, No. 101/Tuesday,  May  27, 2003/Unified  Agenda
                                                                                                        30949
EPA
                              CLEAN AIR ACT (CAA)—Proposed  Rule Stage  (Continued)
Sequence
 Number
                                               Title
 Regulation
Identification
  Number
   3052     SAN No. 4620 National Emission Standards for Coke Oven Batteries — Residual Risk Standards  	   2060-AJ96
   3053     SAN No. 4672 NESHAP: Solvent Extraction for Vegetable Oil: Amendments 	   2060-AK32
   3054     SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 	   2060-AK50
   3055     SAN No. 4719  NESHAP for Source Categories: General Provisions; Amendments for Pollution Prevention Alter-
             native Compliance Requirements	   2060-AK54
   3056     SAN No. 4751 Petition To Delist a Hazardous Air Pollutant (HAP) Source Category From Section 112 of the Clean
             Air Act — Gas Turbines 	   2060-AK73
   3057     SAN No, 4689 Section 126 Rule Withdrawal Provision 	   2060-AK41
   3058     SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision	   2060-AI56
   3059     SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 	   2060-AI62
   3060     SAN No. 4675 Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel 	   2060-AK27
   3061      SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty Trucks	   2060-AK76
   3062     SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) 	   2060-AJOO
   3063     SAN No. 3412 Operating Permits: Revisions to Part 70	   2060-AF70
   3064     SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
             Clean Air Act	   2060-AK46
   3065     SAN No. 4535 Protection of Stratospheric Ozone: Process for Exempting Critical and Emergency Uses of Methyl
             Bromide	   2060-AJ63
   3066     SAN No. 4599 Protection  of Stratospheric  Ozone:  Listing of Substitutes for  Ozone-Depleting  Substances: N-
             Propylbromide	   2060-AK26
   3067     SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
             cle 5 Countries 	   2060-AK45
   3068     SAN No. 3673 Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction 	   2060-AG20
   3069     SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area	   2008-AAOO
   3070     SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 	   2060-AE20
   3071      SAN No. 3262 Inspection/Maintenance Recall Requirements 	   2060-AE22
   3072     SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions	   2060-AH31
   3073     SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule   2060-AI97
   3074      SAN No. 4391 Rescinding Finding That Pre-Existing PM10 Standards Are No Longer Applicable in Northern Ada
             County/Boise, Idaho 	   2060-AJ05
   3075      SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring 	   2060-AJ25
   3076      SAN No. 4450  Revisions to Regional Haze Rule To Address Concerns Raised by DC Court Circuit Regarding
             Best Available Retrofit Technology (BART)  	   2060-AJ31
   3077      SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
             Fuel Transition Program for Alaska	   2060-AJ72
   3078      SAN No. 4583  Modification of Federal On-Board  Diagnostic  Regulations for 2004 Model Year  Vehicles Below
             14,000 Pounds	   2060-AJ77
   3079      SAN No. 4547 Modification of Authority To Grant Alternative Method Approvals 	   2060-AJ83
   3080      SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 	   2060-AJ86
   3081      SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines 	   2060-AK01
   3082      SAN No. 4632 Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alas-
             ka, and the U.S. Territories 	   2060-AK02
   3083      SAN No. 4633  Performance-Based Measurement  System for Fuels: Criteria for Self-Qualifying Alternative Test
             Methods; Description of Optional Statistical Quality Control Measures  	   2060-AK03
                                      CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
 Number
                                              Title
 Regulation
Identification
  Number
  3084
  3085

  3086

  3087
  3088
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 	
SAN No. 3569 Source-Specific Federal Implementation Plan  for Navajo Generating Station; Four Comers Power
 Plant	
SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Fa-
 cilities 	
SAN No. 4466 Overview of Rulemakings for the Purpose of Reducing Interstate Ozone Transport 	
SAN No. 4532 Motor Vehicle and Engine Compliance Program Fees for: Light-Duty Vehicles and Trucks; Heavy-
 Duty Vehicles and Engines; Nonroad Engines; and Motorcycles	
2009-AAOO

2009-AA01

2060-AK81
2060-AJ20

2060-AJ62

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30950
      Federal Register/Vol.  68,  No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA
                               CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3089
  3090

  3091
  3092
  3093
  3094
  3095
  3096
  3097
  3098
  3099
  3100

  3101

  3102

  3103

  3104

  3105

  3106
  3107

  3108
  3109
  3110
  3111
  3112
  3113
  3114
  3115
  3116
  3117
  3118
  3119
  3120
  3121
  3122
  3123
  3124
  3125
  3126
  3127
  3128
  3129
  3130
  3131
  3132
  3133
  3134
  3135
  3136
  3137
  3138
SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry  	
SAN No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
 Preferred Long Range Transport Model and Other Revisions 	
SAN No. 3657 NESHAP: Combustion Turbine  	
SAN No. 3343 NESHAP: Iron and Steel Foundries 	
SAN No. 3346 NESHAP: Integrated Iron and Steel	
SAN No. 3326 NESHAP: Reinforced Plastic Composites Production 	
SAN No. 3452 NESHAP: Miscellaneous Organic Chemical Manufacturing 	
SAN No. 3656 NESHAP: Reciprocating Internal Combustion Engine	
SAN No. 3837 NESHAP: Industrial,  Commercial and Institutional Boilers and Process Heaters  	
SAN No. 3902 NESHAP: Semiconductor Production	
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing  ...
SAN No. 2915 Methods for Measurement of Visible Emissions  — Addition of Methods 203A, 203B, and 203C  to
 Appendix M of Part 51 	
SAN No. 3900 Addition of Method  207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates  in
 Stationary Source Emissions	
SAN No. 4433 Interstate Ozone Transport: Response to Court Decisions on the NOx SIP  Call, NOx SIP Call
 Technical Amendments, and Section 126 Rules 	
SAN No. 3380 NSPS: SOCMI — Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part
 60 	
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid  Waste Landfills: Amend-
 ment  	
SAN No. 4508 Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage Vessels;
 Amendments	
SAN No. 4555 Electric Arc Furnace NSPS Amendment	
SAN No. 4605 Proposed Amendments to Performance  Standards and  Monitoring Requirements for Particulate
 Matter at Stationary Sources	
SAN No. 4681 Revision of Combustion Turbines NSPS — Part 60, Subpart GG 	
SAN No. 3449 NESHAP: Mercury Cell Chlor-Alkali Plants 	
SAN No. 3820 NESHAP: Plywood and Composite Wood Products	
SAN No. 3824 NESHAP: Metal Furniture (Surface Coating) 	
SAN No. 3825 NESHAP: Miscellaneous Metal  Parts and Products (Surface Coating) 	
SAN No. 3826 Plastic Parts and Products (Surface Coating) NESHAP	
SAN No. 3655 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing 	
SAN No. 3652 NESHAP: Refractory Products Manufacturing 	
SAN No. 3651 NESHAP: Lime Manufacturing  	
SAN No. 3906 NESHAP: Surface Coating of Metal Cans  	
SAN No. 3909 NESHAP: Printing, Coating, and Dyeing of Fabrics and Other Textiles  	
SAN No. 3907 NESHAP: Surface Coating of Automobiles and Light-Duty Trucks 	
SAN No. 3904 NESHAP: Wood Building Products (Surface Coating)	
SAN No. 3924 NESHAP: Primary Magnesium  Refining  	
SAN No. 3968 NESHAP: Site Remediation 	
SAN No. 3971 NESHAP: Organic Liquids Distribution (Non-Gasoline) 	
SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks 	
SAN No. 4115 NESHAP: Chromium Electroplating Amendment	
SAN No. 4111 NESHAP: Fumed Silica Production	
SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal  Pipes	
SAN No. 4343 NESHAP: Clay Ceramics Manufacturing 	
SAN No. 4144 NESHAP: Engine Test Cells/Stands 	
SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry	
SAN No. 4449 NESHAP: Flexible Polyurethane Foam Fabrication Operations 	
SAN No. 4426 Clarification to Existing Part 63  NESHAP Delegations' Provisions 	
SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment 	
SAN No. 4591 Benzene Waste Operations NESHAP; Amendments 	
SAN No. 4325 NESHAP: Brick and  Structural Clay Products Manufacturing 	
SAN No. 4685 NESHAP: Chlorine Production  	
SAN No. 4712 NESHAP: Hazardous Organic NESHAP (HON) Amendments 	
SAN No. 4714 NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
 Recovery Units; Amendments	
2060-AH75

2060-AF01
2060-AG67
2060-AE43
2060-AE48
2060-AE79
2060-AE82
2060-AG63
2060-AG69
2060-AG93
2060-AK59

2060-AF83

2060-AG88

2060-AJ16

2060-AE94

2060-AJ41

2060-AJ53
2060-AJ68

2060-AJ88
2060-AK35
2060-AE85
2060-AG52
2060-AG55
2060-AG56
2060-AG57
2060-AG66
2060-AG68
2060-AG72
2060-AG96
2060-AG98
2060-AG99
2060-AH02
2060-AH03
2060-AH12
2060-AH41
2060-AH55
2060-AH69
2060-AH72
2060-AH78
 2060-AI68
 2060-AI74
2060-AJ02
2060-AJ19
2060-AJ26
2060-AJ42
2060-AJ87
2060-AJ91
2060-AK38
2060-AK49

2060-AK51

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                  Federal  Register/Vol. 68,  No.  101/Tuesday, May 27,  2003/Unified Agenda
                                                          30951
EPA
                                 CLEAN AIR ACT (CAA)—Final Rule Stage  (Continued)
Sequence
 Number
Title
 Regulation
Identification
  Number
  3139     SAN No. 4715 NESHAP: Sources Categories: General Provisions; and Requirements for Control Technology De-
             terminations for Major Sources in Accordance With Clean Air Act Sections 112(g) and 112(j)  	   2060-AK52
  3140     SAN No. 4723 NESHAP: Secondary Aluminum Industry Amendments 	   2060-AK57
  3141     SAN No. 4763 NESHAP: Ethylene Processes; Amendments	   2060-AK80
  3142     SAN No. 4773 NESHAP: Rubber Tire Manufacturing: Technical Correction  	   2060-AK82
  3143     SAN No. 4749 Amendment to Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation Facility in Big
             Island, Virginia  	   2060-AK71
  3144     SAN No. 4464 Rulemaking on Section 126 Petitions From New York and Connecticut Regarding Sources in Michi-
             gan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs  	   2060-AJ36
  3145     SAN No. 4441 Federal  Plan  Requirements for Commercial and Industrial Solid Waste Incineration  Units Con-
             structed On or Before November 30, 1999	   2060-AJ28
  3146     SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source  Review (NSR): Rou-
             tine Maintenance, Repair, and Replacement	   2060-AK28
  3147     SAN No. 4495 Revisions to Regional Haze Rule To Incorporate Sulfur Dioxide Milestones  and Backstop Emis-
             sions Trading Program for Nine Western States  	   2060-AJ50
  3148     SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
             Exhaust Emission Standards	   2060-AH52
  3149     SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
             Individual  Baseline	   2060-AJ82
  3150     SAN No. 4626 Control of Emissions from Spark Ignition Marine  Vessels and Highway Motorcycles 	   2060-AJ90
  3151     SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations	   2060-AI03
  3152     SAN No. 4671 Amendments  to Compliance Certification Requirements for State and Federal Operating  Permits
             Programs 	   2060-AK11
  3153     SAN No. 4756 Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide to Non-Parties to the Montreal
             Protocol	   2060-AK67
  3154     SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production and
             Consumption	   2060-AJ27
  3155     SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
             tion 608 	   2060-AF36
  3156     SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant  Recycling Rule Amendment To Include  Substitute
             Refrigerants  	   2060-AF37
  3157     SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington  	   2012-AA01
  3158     SAN No. 3741 Service Information Regulation for Light-Duty Vehicles and Trucks 	   2060-AG13
  3159     SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) To Exclude Tertiary Butyl Acetate ..   2060-AI45
  3160     SAN No. 4548 Compilation of Source-Specific Alternative  Methods Being Approved for Source-Categorywide Ap-
             plication 	   2060-AJ84
  3161      SAN No. 4600 State and Federal Operating Permits Program: Removal of Amendments to  Part 70 and  Part  71
             Compliance Certification Requirements 	   2060-AJ89
  3162     SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline  Revision and Minor
             Corrections	   2060-AJ97
  3163     SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
             mulated Gasoline to California Phase 3 Gasoline  	   2060-AK04
  3164     SAN No. 4699 Revisions To Clarify  the Scope of the Sufficiency Monitoring Requirements for Federal  and State
             Operating Permits Programs 	   2060-AK29
  3165     SAN No. 4686 Waste Isolation Pilot Plant (WIPP) FY 2001 Report to Congress 	   2060-AK39
  3166     SAN No. 4694 Extension of Alternative Compliance Periods Under the Anti-Dumping Program  	   2060-AK43
  3167     SAN No. 4721 Control of Air Pollution From New Motor Vehicles: Amendment to the Tier 2  Motor Vehicle Emis-
             sion Standards  	   2060-AK55
  3168     SAN No. 4722 California Gasoline Technical Correction 	   2060-AK56
  3169     SAN No. 4557 Amendments to the Requirements on Variability  in the Composition of Additives Certified  Under the
             Gasoline Deposit Control Program	   2060-AK62
  3170     SAN No. 4569 Control of Air Pollution From New Motor Vehicles; Addendum to Second Amendment  to the Tier
             2/Gasoline Sulfur Regulations 	   2060-AK63
  3171      SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 	   2060-AK69
  3172     SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformu-
             lated and  Conventional Gasoline Including Butane Blenders and Attest Engagements	   2060-AK77
  3173     SAN No, 4760 Stay of Authority Under 40 CFR 50.9(b) Related  to Applicability of 1-Hour Ozone Standard 	   2060-AK78
  3174     SAN No. 4774 Reclassification as Nonroad Engines for Diesel Engines Used in the State of California Agricultural
             Pump Application	   2060-AK83

-------
30952
      Federal Register/Vol. 68,  No. 101/Tuesday,  May  27, 2003/Unified Agenda
EPA
                                CLEAN AIR ACT (CAA)—Final Rule Stage  (Continued)
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3175
SAN No. 4278 Project XL Site-Specific Rulemaking for Andersen Corporation Facility in Bayport, Minnesota
 2090-AA21
                                     CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3176      SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard	   2060-AK68
  3177      SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
             Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 	   2050-AE95
  3178      SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
             Act, Section 112(r)(3); Revisions to the List of Substances 	   2050-AE96
  3179      SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide	   2060-AI43
  3180      SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter  	   2060-AI44
  3181      SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)	   2060-AA61
  3182      SAN No. 2841 NESHAP: Chromium Electroplating Amendment	   2060-AH08
  3183      SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 	   2060-AH47
  3184      SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and  71 Regarding the Provisions for Determining Potential To
             Emit	   2060-AI01
  3185      SAN No. 3751 NSPS and Emission Guidelines for Other  Solid Waste Incinerators	   2060-AG31
  3186      SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
             Non-Federal Class I Areas 	   2060-AH01
  3187      SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under (SNAP) Program 	   2060-AG12
  3188      SAN No. 4096 Phase  I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States 	   2060-AH87
  3189      SAN No. 4162 NESHAP: Oil and Natural Gas Production 	   2060-AI13
  3190      SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards 	   2060-AK08
  3191      SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization  Facilities — Residual Risk Standards  	   2060-AK09
  3192      SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk Standards  	   2060-AK10
  3193      SAN No. 4657 NESHAP: Group II Polymers and Resins — Residual Risk Standards 	   2060-AK13
  3194      SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards	   2060-AK16
  3195      SAN No. 4661 NESHAP: National  Emission Standards for Marine Tank Vessel Loading Operations — Residual
             Risk Standard 	   2060-AK17
  3196      SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards	   2060-AK18
  3197      SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 	   2060-AK19
  3198      SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating Residual Risk Standards	   2060-AK20
  3199      SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations Residual Risk Standards 	   2060-AK21
  3200      SAN No. 4668 NESHAP: Halogenated  Solvent Cleaning Residual Risk Standards  	   2060-AK22
  3201      SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 	   2060-AK23
  3202      SAN No. 4664 NESHAP: Printing and Publishing Industry Residual Risk Standards 	   2060-AK24
  3203      SAN No. 4663 NESHAP: Petroleum Refineries Residual Risk  Standards  	   2060-AK25
  3204      SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
             troplating and Chromium Anodizing Tanks — Residual Risk Standards 	   2060-AK72
  3205      SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 	   2060-AK84
  3206      SAN No. 4656 NESHAP: Group I Polymers and Resins — Residual Risk Standards  	   2060-AK12
  3207      SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) — Residual Risk Standards  	   2060-AK14
  3208      SAN No. 4658 NESHAP: Group IV Polymers and Resins — Residual Risk Standards 	   2060-AK15
  3209      SAN No. 4383 Interstate Ozone Transport: Rulemaking  on Section 126 Petitions From the District of Columbia,
             Delaware,  Maryland, and New Jersey 	   2060-AI99
  3210      SAN No. 3910 Streamlined Evaporative Test Procedures	   2060-AH34
  3211      SAN No. 4748 Control of Hazardous Air Pollutants From  Mobile Sources 	   2060-AK70
  3212      SAN No. 4682 Revisions to the Appeal Procedures and  the Federal NOx Budget Trading Program,  Parts 78 and
             97 	:	   2060-AK36
  3213      SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program — Part 71  	   2060-AG92
  3214      SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40  CFR Part 51)	   2060-AI47
  3215      SAN No. 4691 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Clean
             Units	   2060-AK42
  3216      SAN No. 4783 Voluntary Superior Monitoring 	   2060-AK85
  3217      SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation Facility in Big Island, Virginia  ..   2090-AA26

-------
                  Federal Register/Vol. 68,  No.  101/Tuesday,  May  27, 2003/Unified Agenda
                                                                                                      30953
EPA
                               CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
 Number
                                              Title
                          Regulation
                         Identification
                           Number
  3218
SAN No. 4533 New Jersey Gold Track Project XL Rule
                          2090-AA28
                                     CLEAN AIR ACT (CAA)—Completed Actions
Sequence
 Number
                                             Title
                          Regulation
                         Identification
                           Number
  3219      SAN No. 4154 Emissions From Nonroad Spark-Ignition Engines and Standards for Recreational Spark-Ignition En-
             gines 	   2060-AI11
  3220      SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import and
             Export	   2060-AH67
  3221      SAN No. 4454 Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed On or Before
             August 30, 1999  	   2060-AJ46
  3222      SAN No. 3827 Paper and Other Web Coating NESHAP	   2060-AG58
  3223      SAN No. 3969 NESHAP: Municipal Solid Waste Landfills 	   2060-AH13
  3224      SAN No. 4273 Amend Subpart H and I, 40 CFR Part 61, for Emissions of Radionuclides Other Than Radon From
             DOE Facilities 	   2060-AI90
  3225      SAN No. 4460 NESHAP: Friction Materials Manufacturing  	   2060-AJ18
  3226      SAN No. 4457 NESHAP: Pesticides Active Ingredients — Amendments 	   2060-AJ34
  3227      SAN No. 4524 NESHAP: Portland Cement Manufacturing Industry, Amendments to Rule To Implement Settlement
             Agreement  	   2060-AJ57
  3228      SAN No. 4546 NESHAP: Publicly Owned Treatment Works (POTW) — Amendments 	   2060-AJ66
  3229      SAN No. 4684 Modification of Source Category Listing for Seven Specific Pollutants — CAA Section 112(c)(6)	   2060-AK34
  3230      SAN No. 4687 NESHAP: Revision of Area Source Category List Under Section 112(c)(3) and 112(k)(3)(B)(ii)  	   2060-AK40
  3231      SAN No. 4717 Site-Specific Rule for Weyerhauser Sulfite Mill	   2060-AK53
  3232      SAN No. 3259 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Base-
             line Emissions Determination, Actual-to-Future-Actual Methodology,  Plantwide Applicability 	   2060-AE11
  3233      SAN No. 4622 Control of Emissions of Air Pollution From New Marine Compression-Ignition Engines At or Above
             30 Liters per Cylinder  	   2060-AJ98
  3234      SAN No. 4647 Reduction of the Ambient Air Monitoring Fine Particulate Collocated Precision Requirement  	   2060-AK05
  3235      SAN No. 4688 Protection of Stratospheric  Ozone: Listing of Substitutes for Ozone-Depleting Substances 	   2060-AK30
  3236      SAN No. 4696 Protection of Stratospheric Ozone: Additional Reconsideration of Petition Criteria and Incorporation
             of Montreal Protocol Decisions	   2060-AK44
  3237      SAN No. 4710 Protection of Stratospheric  Ozone: Allocation of Essential Use Allowances for Calendar Year 2003     2060-AK48
  3238      SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Applica-
             tions of Methyl Bromide	   2060-AI42
  3239      SAN No. 4387 Amendments to State and  Federal Operating Permits Programs, Part 70 and Part 71, Compliance
             Certification Requirements 	   2060-AJ04
  3240      SAN No. 4557 Revision to the Requirements on Variability in the Composition of Additives Certified Under the
             Gasoline Deposit Control Program	   2060-AJ69
  3241      SAN No. 4569 Control of Air  Pollution From New Motor Vehicles; Second Amendment to  the Tier 2/Gasoline Sul-
             fur Regulations 	   2060-AJ71
  3242      SAN No. 4707 Amendment to the Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur
             Regulations 	   2060-AK47
                                    CLEAN AIR ACT (CAA)—Discontinued Entries
  Regulation
 Identification
   Number
                                 Title
Date
                                                                                           Comments
 2050-AE85
 2060-AH35
   SAN No. 4511 Accidental Release Prevention Requirements: Risk Manage-
    ment Programs  Under the Clean Air Act, Section 112(r)(7); Third Party
    Audit Provisions
   SAN No. 3972 NESHAP: Rocket Engine Test Firing
                                                                                  03/12/2003
                                                                                  03/17/2003
          Withdrawn - Agency Plans No
            Further Action

          Withdrawn-Agency Plans No
            Further Action

-------
30954
              Federal Register/Vol.  68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
EPA
                            CLEAN AIR ACT (CAA)—Discontinued Entries (Continued)
  Regulation
 Identification
   Number
                                        Title
                                                                             Date
        Comments
 2060-AH38


 2060-AH53

 2060-AH58

  2060-AI67

 2060-AJ14

 2060-AJ67
            SAN  No. 3979 Review of  Federal Test Procedures  for Emissions  From
             Motor Vehicles; Test Procedure Adjustments to Fuel  Economy and Emis-
             sion Test Results
            SAN  No. 4046 Federal Major New Source Review (NSR) Program for Non-
             attainment Areas
            SAN  No. 4045  Rulemaking  To Modify the List of Source Categories  From
             Which Fugitive Emissions Are Considered in Major Source Determinations
            SAN  No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing

            SAN  No. 4390 Utility Sector New Source Review (NSR) Alternative Compli-
             ance Program
            SAN  No. 4554  Control of Hazardous Air Pollutants From Mobile Sources;
             Correction
                                                                           03/17/2003


                                                                           02/27/2003

                                                                           02/27/2003

                                                                           04/10/2003

                                                                           02/27/2003

                                                                           03/19/2003
Withdrawn-Agency Plans No
  Further Action

Withdrawn-Agency Plans No
  Further Action
Withdrawn-Agency Plans No
  Further Action
Duplicate of RIN 2060-AJ91,
  SAN4325
Withdrawn-Agency Plans No-
  Further Action
Withdrawn-Duplicate of RIN
  2060-AK56
                                  ATOMIC ENERGY ACT (AEA)—Prerule Stage
Sequence
 Number
                                                   Title
                                                                                                     Regulation
                                                                                                    Identification
                                                                                                      Number
  3243
         SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
         Waste [[[
                                                                                                       2060-AH63
                              ATOMIC ENERGY ACT (AEA)— Proposed Rule Stage
                                                   ™e
                                                                                                        Regulation
                                                                                                       Ideation
  3244
         SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Subpart
         A [[[
                                                                                                       2060-AH90
                                ATOMIC ENERGY ACT (AEA)— Final Rule Stage
                                                   Title
                                                                                                        Regulation
                                                                                                       Identification
                                                                                                         Number
3245
           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)— Prerule Stage
•SOS?
3246
3247
3248
3249

Title
SAN No. 4727 Endocrine Disrupter Screening Program; Priority Setting Criteria 	
SAN No. 4610 Acceptability of Research Using Human Subjects 	
SAN No. 4216 Pesticides; Emergency Exemption Process Revisions 	
SAN No. 4789 Pesticide Worker Protection Rule (Section 610 Review) 	

Regulation
Identification
Number
2070-AD59
2070-AD57
2070-AD36
2070-AD66

         FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Proposed Rule Stage
                                                                                                        Regulation
3250
3251

-------
             Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                              30955
EPA
  FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage (Continued)
Sequence
Number
3252
3253
3254
3255
3256

Title
SAN No 4596 Pesticides' Data Requirements for Biochemical and Microbial Products
SAN No 4728 Endocrine Disrupter Screening Program1 Implementing Screening and Testing Phase
SAN No. 4767 Endangered Species and Pesticide Regulation 	
SAN No. 4170 Pesticides; Procedures for the Registration Review Program 	
SAN No. 4609 Pesticides; Exemption of Medical Devices Treated With Antimicrobial Pesticides 	

Regulation
Identification
Number
2070-AD51
2070-AD61
2070-AD62
2070-AD29
2070-AD54

         FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3257
3258
3259
3260
3261

Title
SAN No. 4027 Pesticides; Tolerance Processing Fees 	 	
SAN No. 4602 Plant Incorporated Protectants (PIPs)' Exemption for Those Based on Viral Coat Proteins . ..
SAN No. 2659 Pesticide Management and Disposal' Standards for Pesticide Containers and Containment 	
SAN No. 3731 Pesticide Worker Protection Standard (WPS)' Glove Amendment 	
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 	

Regulation
Identification
Number
2070-AD23
2070-AD49
2070-AB95
2070-AC93
2070-AD14

        FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3262
3263
3264
3265
3266

Title
SAN No 4175 Pesticide Tolerance Reassessment Program . . 	
SAN No 3432 Pesticide Management and Disposal 	
SAN No. 461 1 Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants . ... 	 	
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 3222 Groundwater and Pesticide Management Plan Rule 	

Regulation
Identification
Number
2070-AD24
2020-AA33
2070-AD55
2070-AD56
2070-AC46

        FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3267

Title
SAN No 2684 Plant-Incorporated Protectants (Formerly Plant Pesticides) Rulemakings . . 	

Regulation
Identification
Number
2070-AC02

                     TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
 Number
                                   Title
 Regulation
Identification
 Number
  3268
SAN No. 4788 Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facili-
 ties (Section 610 Review) 	
                                                                                     2070-AD65
                  TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3269
3270
3271
3272
Title
SAN No 3557 Lead-Based Paint Activities' Training and Certification for Renovation and Remodeling . 	
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
(40CFR Part 723) 	
SAN No 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances 	
SAN No. 4395 Test Rule: Develoomental and Reoroductive Toxicitv 	
Regulation
Identification
Number
2070-AC83
2070-AD58
2070-AB79
2070-AD44

-------
30956
     Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA
                TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage  (Continued)
Sequence
Number
3273
3274
3275

Title
SAN No. 1923 Follow-Up Rules on Existing Chemicals 	
SAN No. 4512 Significant New Use Rule; Selected Flame Retardant Chemical Substances for Use in Residential
Upholstered Furniture ... . 	
SAN No. 4777 Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing . 	 	 	

Regulation
Identification
Number
2070-AA58
2070-AD48
2070-AD64

                        TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3276
3277
3278
3279
3280
3281
3282
3283
3284
3285
3286
3287

Title
SAN No 3252 Lead Fishing Sinkers' Response to Citizens Petition and Proposed Ban 	 	
SAN No. 3508 Lead; Management and Disposal of Lead-Based Paint Debris 	
SAN No 4172 Lead' Notification Requirements for Lead-Based Paint Abatement Activities and Training 	
SAN No. 1976 Significant New Use Rules; Follow-Up Rules on Non-5(e) New Chemical Substances 	
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders 	
SAN No 3493 Test Rule' Generic Entry for ITC Related Testing Decisions 	 	
SAN No 3990 Test Rule' Certain High Production Volume (HPV) Chemicals 	 	
SAN No. 4425 Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occupa-
tional Safety and Health Administration 	 	
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 3118 TSCA Section 8(e) Policy Notice of Clarification
SAN No 3301 TSCA Inventory Update Rule Revisions 	 	 .. . 	

Regulation
Identification
Number
2070-AC21
2070-AC72
2070-AD31
2070-AA59
2070-AB27
2070-AB94
2070-AD16
2070-AD42
2070-AB08
2070-AB11
2070-AC80
2070-AD63

                      TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
 Number
                                          Title
 Regulation
Identification
  Number
  3288
  3289

  3290

  3291
  3292
  3293
  3294
  3295
  3296
  3297
  3298
SAN No. 3148 Asbestos Model Accreditation Plan Revisions 	
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
 Rule — Bridges and Structures	
SAN No. 2150 Polychlorinated Biphenyls  (PCBs); Exemptions From Prohibitions Against Manufacturing, Proc-
 essing, and Distribution in Commerce  	
SAN No. 4597 Disposal of Polychlorinated Biphenyls: Implementation Issues 	
SAN No. 2865 Voluntary Children's Chemical Evaluation Program (VCCEP) 	
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs) 	
SAN No. 3882 Test Rule; Certain Metals	
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives	
SAN No. 3528 Significant New Use Rule; Refractory Ceramic Fibers (RCFs) 	
SAN No. 4176 Chemical Right-to-Know Initiative; High Production Volume (HPV) Chemicals 	
SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 	
2070-AC51

2070-AC64

2070-AB20
2070-AD52
2070-AC27
2070-AC76
2070-AD10
2070-AD28
2070-AC37
2070-AD25
2070-AD53
                      TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
3299
3300
3301
3302

Title
SAN No. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
riod Sunset Dates for TSCA Section 4 Substances 	
SAN No 3301 TSCA Inventory Update Rule Amendments 	 	 	
SAN No. 4475 Significant New Use Rule; Perfluoroalkyl Sulfonates (PFOA) 	
SAN No. 4734 Sustainable Futures; Voluntary Pilot Project Under the TSCA New Chemical Program 	

Regulation
Identification
Number
2070-AC84
2070-AC61
2070-AD43
2070-AD60


-------
                Federal Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
                                                                                            30957
EPA
                      TOXIC SUBSTANCES CONTROL ACT (TSCA)—Discontinued Entries
  Regulation
 Identification
   Number
                            Title
   Date
Comments
 2070-AC17
SAN No. 2779 Acrylamide and N-methylolacrylamide Grouts
12/02/2002   Withdrawn
      EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
 Number
                                       Title
                          Regulation
                         Identification
                           Number
  3303     SAN No. 4781 Trade Secrecy Claims for Emergency Planning and Community Right-to-Know Information; and
            Trade Secret Disclosures to Health Professionals; Amendment	   2050-AF10
  3304     SAN No. 3994  Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
            stances (EHS) List	   2050-AE42
  3305     SAN No. 4753 Emergency Planning and Community Right-to-Know Act: Modification to the Threshold Planning
            Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution 	   2050-AF08
  3306     SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
            tion 	   2025-AA06
  3307     SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
            traction and Beneficiation 	   2025-AA11
  3308     SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
            Dioxin and Dioxin-like Compounds Category Under EPCRA, Section 313	   2025-AA12


        EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage

                                                                                                       Regulation
                                                     Title                                              Identification
                                                                                                        Number

  3309     SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
            Release Inventory	   2025-AAOO
  3310     SAN No. 4595 Toxic Chemical Release Reporting Using North American Industrial Classification System (NAICS)     2025-AA10


       EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions

                                                                                                       Regulation
                                                     ™le                                              Identification
                                                                                                        Number

  3311     SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule  	   2050-AE17
  3312     SAN No. 3993 Emergency Planning and Community Right-to-Know Act; Extremely Hazardous Substances List;
            Modification of Threshold Planning Quantity for Isophorone Diisocyanate  	   2050-AE43
  3313     SAN No. 3007 TRI; Chemical Expansion; Finalization of Deferred Chemicals 	   2025-AA01
  3314     SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 	   2025-AA03
  3315     SAN No. 2847 TRI; Pollution Prevention Act Information Requirements	   2025-AA09


       EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Completed Actions

                                                                                                       Regulation
                                                     Title                                              Identification
                                                                                                        Number

  3316     SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of Overburden as  It Relates to the Mining Industry 	   2025-AA08

-------
30958
EPA

Sequence
Number
3317
3318
3319
3320
3321
3322
3323
3324
3325
3326
3327
3328
3329


Sequence
Number
3330
3331
3332
3333
3334
3335
3336
3337
3338
3339
3340
3341
3342


Sequence
Number
3343
3344
3345
3346
3347
Federal Register / Vol. 68, No. 101 /Tuesday, May 27, 2003 /Unified Agenda

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Proposed Rule Stage
Title
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
terials 	 	
SAN No. 4230 Revisions to Solid Waste Landfill Criteria; Leachate Recirculation on Alternative Liners 	
SAN No. 3066 Listing Determination and LDR for Wastes Generated During the Manufacture of Azo,
Anthraquinone, and Triarylmethane Dyes and Pigments 	
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 	
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 	
SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams 	 	
SAN No. 4670 Revisions to the Definition of Solid Waste 	
SAN No. 4088 Recycled Used Oil Containing PCBs: Amendments 	 	
SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
SAN No. 4743 Land Disposal Restrictions: Determination of Equivalent Treatment for Macroencapsulation of Ra-
dioactive Lead Solids; Definition of Macroencapsulation 	
SAN No. 3333 NESHAPS' Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
SAN No. 4534 Project XL Site-Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, Maryland
SAN No. 4565 Project XL Site-Specific Rulemaking for IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York 	

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Final Rule Stage
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities 	
SAN No. 3856 Management of Cement Kiln Dust (CKD) 	
SAN No. 4525 Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal
Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste 	
SAN No. 3989 Methods Innovation Rule 	
SAN No. 4575 Municipal Solid Waste Landfill Location Restrictions for Airport Safety
SAN No. 4588 Research, Development, and Demonstration Permits for Municipal Solid Waste Landfill 	
SAN No. 3147 Hazardous Waste Manifest Regulation 	 	
SAN No 4084 Office of Solid Waste Burden Reduction Project 	
SAN No. 441 1 Regulation of Hazardous Oil-Bearing Secondary Materials From Petroleum Refining Industry and
Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas 	
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations to Encourage
Reuse, Recycling, and Recovery of Electronic Equipment 	
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to Haz-
ardous Waste Regulations 	
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit 	
SAN No. 4238 Amendment to Project XL Rulemaking and Final Project Agreement (FPA) for New England Univer-
sities Laboratories 	

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Long-Term Actions
Title
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 	
SAN No. 4469 Standards for the Management of Coal Combustion Wastes — Non-Power Producers and
Minefilling 	
SAN No. 4735 RCRA Burden Reduction Initiative, Phase 2 	
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. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development 	



Regulation
Identification
Number
2050-AE23
2050-AE67
2050-AD80
2050-AE51
2050-AE84
2050-AE97
2050-AE98
2050-AF07
2050- AF06
2050-AF12
2050-AE01
2090-AA25
2090-AA29


Regulation
Identification
Number
2050-AE44
2050-AE34
2050-AE86
2050-AE41
2050-AE91
2050-AE92
2050- AE21
2050-AE50
2050-AE78
2003-AAOO
2050-AE52
2090-AA14
2090-AA32


Regulation
Identification
Number
2050-AE81
2050-AE83
2050-AF01
2050-AD69
2050-AE93

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                Federal  Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                   30959
EPA
         RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions  (Continued)
Sequence
 Number
Title
 Regulation
Identification
  Number
  3348     SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)	  2050-AC71
  3349     SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners From Primary Aluminum Re-
            duction (K088) and Regulatory Classification of K088 Vitrification Units 	  2050-AE65


               RESOURCE  CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions

                                                                                                    Regulation
                                                    Title                                             Identification
                                                                                                      Number

  3350     SAN No. 4094 Land Disposal Restrictions; Notice of Data Availability: Mercury Treatability Studies 	  2050-AE54
  3351     SAN No. 4731 Land Disposal Restrictions; National Treatment Variance for Radioactively Contaminated Cadmium,
            Mercury, and Silver Waste Batteries	  2050-AE99
  3352     SAN No. 4418 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors	  2050-AE79


  COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
                                                    Stage

                                                                                                    Regulation


  3353     SAN No.  3423  Reportable Quantity Adjustments  for Carbamates and Carbamate-Related  Hazardous Waste
            Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste	  2050-AE12
  3354     SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities	  2050-AF03
  3355     SAN No. 4379 Standards and Practices for Conducting "All Appropriate Inquiry" 	  2050-AF04
  3356     SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
            Superfund Response Actions 	  2050-AE62


  COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND  LIABILITY ACT—Final Rule Stage

                                                                                                    Regulation
 Nmbe                                              Title                                             Identification
 Number                                                                                               Number

  3357     SAN No. 4740 Clarification to Interim Standards and Practices for "All Appropriate  Inquiry" Under CERCLA and
            Notice of Future Rulemaking Action	  2050-AF05

 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions

                                                                                                    Regulation
                                                    Title                                             Identification
                                                                                                      Number

  3358     SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites	  2050-AD75
  3359     SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a) 	  2050-AE63
  3360     SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx	  2050-AF02


                                 CLEAN WATER ACT  (CWA)—Prerule Stage


SMq"f"C,e                                            Title                                             Identification
 Number                                                                                               Number

  3361     SAN No. 4792 Sewage Sludge Standards To Determine the Financial Impact on Small Entities in the Wastewater
            Treatment Sector (Section 610 Review)	  2040-AD96

-------
30960
EPA

Sequence
Number
3362
3363
3364
3365
3366
3367
3368
3369
3370

Federal Register / Vol. 68, No. 101 /Tuesday, May 27, 2003 /Unified Agenda

CLEAN WATER ACT (CWA)— Proposed Rule Stage
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements 	 	
SAN No. 4766 Effluent Guidelines Program Plan for 2004/2005 	
SAN No. 4741 Effluent Guidelines and Standards for Pharmaceutical Manufacturing: Amendment 	
SAN No. 4377 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245.7) 	
SAN No 4378 Test Procedures' Revisions to Method Detection and Quantification for the Clean Water Act 	
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act 	
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Mu-
nicipal Satellite Collection Systems, Sanitary Sewer Overflows and Peak Excess Flow Treatment Facilities 	
SAN No. 4690 Guidance Regarding National Pollutant Discharge Elimination System Permit Requirements for Mu-
nicipal Wastewater Treatment During Wet Weather Conditions 	
SAN No 4623 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions ... 	




Regulation
Identification
Number
2050-AE87
2040-AD92
2040-AD97
2040-AD52
2040-AD53
2040-AD71
2040-AD02
2040-AD87
2040-AD82

                                   CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3371
3372
3373
3374
3375
3376
3377
3378
3379
3380

Title
SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2
SAN No. 4280 Effluent Guidelines and Standards for the Construction and Development Industry 	
SAN No. 4407 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revi-
sions) 	
SAN No. 4776 Effluent Guidelines and Standards for the Centralized Waste Treatment Point Source Category
(Revision) 	
SAN No 4047 Test Procedures for the Analysis of Biological Contaminants 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. 4726 Minimizing Adverse Environmental Impacts From Cooling Water Intake Structures Under Section
316(b) of the Clean Water Act — Phase I Revisions 	
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. 4624 Modification to Competitive Process Used by EPA for Wetland Program Development Grants 	

Regulation
Identification
Number
2040-AB79
2040-AD42
2040-AD56
2040-AD95
2040-AD08
2040-AD62
2040-AD85
2040-AC14
2040-AC25
2040-AD83

                                  CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3381

  3382
  3383
  3384
  3385
  3386

  3387

  3388

  3389

  3390

  3391
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
 Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)	
SAN No. 4406 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry	
SAN No. 4264 Water Quality Standards for Alabama—Phase II	
SAN No. 4344 Water Quality Standards for Indian Country Waters	
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act	
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
 Compliance Monitoring	
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
 Clean Water Act Test Procedures	
SAN No. 3155 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
 Clean Water Act, Phase One 	
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. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II 	
2040-AD49
2040-AD55
2040-AD35
2040-AD46
2040-AC75

2040-AC92

2040-AC93

2040-AC95

2040-AD09

2040-AD12
2040-AD39

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                 Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                                    30961
EPA
                            CLEAN WATER ACT (CWA)—Long-Term Actions  (Continued)
Sequence
 Number
                                             Title
                            Regulation
                           Identification
                             Number
  3392      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	   2040-AD70
  3393      SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution 	   2040-AC58
  3394      SAN No. 3786 NPDES Streamlining Rule — Round III  	   2040-AC84
  3395      SAN No. 2804 Clean Water Act Definition of Waters of the United States 	   2040-AB74
  3396      SAN No. 4493 Clean Water State Revolving Fund Regulation Revisions Re: Use as Matching Funds  	   2040-AD68
  3397      SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
            Waters	   2040-AD89


                                  CLEAN WATER ACT (CWA)—Completed Actions

                                                                                                            Regulation


  3398      SAN No. 2634 Oil Pollution Prevention Regulation: Spill Prevention, Control, and Countermeasures (SPCC) Exten-
            sion 	   2050-AF11
  3399      SAN No. 4153 National Pollutant Discharge Elimination System Permit Regulation and  Effluent Guidelines and
            Standards for Concentrated Animal Feeding Operations (CAFOs)	   2040-AD19
  3400      SAN No. 4409 Test Procedures: Clean Water Act and Safe Drinking Water Act Methods Update 	   2040-AD59
  3401      SAN No. 4541 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Revisions to Method
            1631)	   2040-AD72
  3402      SAN No. 4514 Test Procedures: Rule To Revise and To Ratify or Withdraw Whole Effluent Toxicity Test Methods    2040-AD73
  3403      SAN No. 4765 National Pollutant Discharge Elimination System: Modification of Permit Deadline for Storm Water
            Discharges From Oil and Gas Construction Activity That Disturbs One to Five Acres  	   2040-AD98
  3404      SAN No. 4729 Withdrawal  of Total Maximum Daily Load (TMDL) Program Revisions 	   2040-AD84
                                 CLEAN WATER ACT (CWA)—Discontinued Entries
  Regulation
 Identification
   Number
                                 Title
   Date
         Comments
 2040-AD60
   SAN No. 4446 Ocean Discharges Criteria Revisions
04/30/2003
Withdrawn - Agency plans no
  further action.
                          SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
 Number
                                            Title
                            Regulation
                           Identification
                             Number
  3405

  3406
  3407
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 Disinfection Byproducts Rule  	
SAN No. 4703 Drinking Water Contaminant Candidate List 2	
                           2040-AD37
                           2040-AD38
                           2060-AD86
                             SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
 Number
                                            Title
                            Regulation
                           Identification
                             Number
  3408
  3409

  3410
SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule 	
SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Con-
 taminant Candidate List	
SAN No. 4424 Six-Year Review of Existing National Primary Drinking Water Regulations 	
                           2040-AA97

                           2040-AD61
                           2040-AD67

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30962
     Federal Register/Vol.  68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA
                         SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
3411
3412
3413
3414
3415
3416
3417
3418

Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon 	
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 	
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and
Technical Corrections to the NSDWR 	 	 	
SAN No. 4769 National Primary and Secondary Drinking Water Regulations: Approval of Additional Method for the
Detection of Conforms and E. Coli. in Drinking Water 	
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements 	 	
SAN No. 4745 Drinking Water Contaminant Candidate List 3 	 	
SAN No. 4236 Underground Injection Control' Update of State Programs 	
SAN No 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions

Regulation
Identification
Number
2040-AA94
2040-AC13
2040-AD54
2040-AD90
2040-AD94
2040-AD99
2040-AD40
2040-AD93

                         SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
 Number
                                        Title
                          Regulation
                         Identification
                           Number
  3419

  3420
  3421
SAN No. 4638 Unregulated Contaminant Monitoring Regulation: Analytical Method for Aeromonas & National Pri-
 mary & Secondary Drinking Water Regulations: Analytical Methods for Chemical & Microbiological Contaminants
SAN No. 4764 National Primary Drinking Water Regulations: Minor Revision To Clarify Arsenic Standard 	
SAN No. 4561 Minor Revisions to the Public Notification Rule, Consumer Confidence Report Rule, and Primacy
 Rule	
                         2040-AD81
                         2040-AD91

                         2040-AD77
                        SAFE DRINKING WATER ACT (SDWA)—Discontinued Entries
Regulation
Identification
Number
2040-AD86
2040-AD88
Title
SAN No. 4703 Drinking Water Contaminant Candidate List 2
SAN No. 4703 Drinking Water Contaminant Candidate List 2
Date
05/06/2003
04/09/2003
Comments
Duplicate of RIN 2060-AD86
Withdrawn - Duplicate of RIN
2040-AD86
                            SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3422

Title
SAN No. 2820 Shore Protection Act Section 41 03(b) Regulations 	 	 	

Regulation
Identification
Number
2040-AB85

Environmental Protection Agency (EPA)
General
                                                                           Proposed Rule Stage
3005. 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

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                                      30963
EPA—General
                                                                      Proposed Rule  Stage
objectives for Minority Business
Enterprises (MBEs) and Women's
Business Enterprises (WBEs) based on
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
to take reasonable  race/gender-
conscious measures (e.g., bidding
credits) in the event that race/gender-
neutral efforts prove inadequate to meet
fair share objectives; and (3)
administering statutory MBE/WBE
objectives as a national goal, allowing
smaller or larger fair share objectives
for particular grants or cooperative
agreements based on the availability
standard.
Timetable:
Action
                   Date
NPRM
Final Action
05/00/03
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone; 202 260-8886
Fax: 202 501-0139
Email: gordon.mark@epamail.epa.gov

David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202 564-4444
Fax: 202 501-0756
Email; sutton.david@epamail.epa.gov
RIN: 2020-AA39


3006. INCORPORATION OF CLASS
DEVIATIONS INTO  EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the
                    EPAAR since its promulgation in April
                    1994. This proposed rule would
                    incorporate most of the class deviations
                    to the EPAAR.
                    Timetable:
                    Action
                   Date
                    NPRM
                    Final Action
                 05/00/03
                 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epa.gov
RIN: 2030-AA37


3007. 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 needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
                    Action
                   Date
                    NPRM             06/00/03
                    Final Action         12/00/03
                    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@epamail.epa.gov

Katherine  Biggs, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7144
Email: biggs.katherine@epamail.epa.gov
RIN: 2020-AA42


3008. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority:  7 USC 136a(c) to
136a(d); 7  USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the Rules of
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 19 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
                                     Action
                   Date
                                     NPRM             01/00/04
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No

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30964
                Federal Register/Vol. 68, No.  101/Tuesday,  May 27,  2003/Unified Agenda
EPA—General
                                                                                        Proposed  Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 4618
Sectors Affected: 111 Crop Production;
112 Animal Production; 32532
Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epa.gov

Kevin Lee, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A
Phone: 202 564-5619
Fax: 202 564-5644
Email: lee.kevin@epa.gov
RIN: 2020-AA44
3009. PRIVACY ACT REGULATIONS
(REVISED)
Priority: Info./Admin./Other
Legal Authority: 5 USC 552a
CFR Citation: 40 CFR 16 (Revised)
Legal Deadline: None
Abstract: This action proposed to
revise the Privacy Act regulation to
exempt new systems and systems
currently claiming to be exempt from
the Act. Other revisions are generally
minor and include revising the access
provision so that a copy of a record
can be obtained without a personal
inspection; changing the time limit for
appeals of denials from 10 days to 30
days; changing the process for
accessing Privacy Act records and
contesting Privacy Act  records from the
system manager to the  Freedom of
Information Office; and referring
appeals from denials of system of
records maintained by  the Office of
Inspector General to that office for
decision. The  proposed rule does not
have implications on small businesses
nor state/local/tribal government.
Timetable:
Action
                   Date
                 06/00/03
                   To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4693
Agency Contact: Judy E Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone: 202 566-1668
Fax: 202 566-1639
Email: hutt.judy@epa.gov

Deborah Williams, Environmental
Protection Agency,  Office of
Environmental Information
Phone: 202 566-1659
Fax: 202 566-1648
Email: williams.deborah@epa.gov
RIN: 2025-AA13


3010. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1552
Legal Deadline: None
Abstract: This rule will revise EPAAR
1552.211-73, Level  of Effort, to define
more concisely the  services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:	
Action              Date
NPRM Pending Legal  06/00/03
  Review
Final Action          09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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@epa.gov
RIN: 2030-AA64


3011. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
                                                                           Legal Deadline: None

                                                                           Abstract: The purpose of this rule is
                                                                           to revise the Agency's conflict of
                                                                           interest (COI) acquisition regulations.
                                                                           The specific revisions involve more
                                                                           stringent requirements for submission
                                                                           of relevant information from Agency
                                                                           contractors and potential contractors
                                                                           regarding their relationships with
                                                                           parent companies, affiliates,
                                                                           subsidiaries, and sister companies.
                                                                           Current Agency regulations do not
                                                                           require the submission of this level of
                                                                           information. Receipt and evaluation of
                                                                           this information is critical in order for
                                                                           the Agency to decide whether or not
                                                                           COI situations exist and how they are
                                                                           to be handled. This  revised rule will
                                                                           also codify several COI clauses that
                                                                           have been developed since the issuance
                                                                           of the previous rule in 1994.

                                                                           Timetable:
                                                                          Action
                                                                                              Date
                                                                           NPRM
                                                                           Final Action
                  06/00/03
                  09/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4319

Sectors Affected: 5413 Architectural,
Engineering and Related Services; 5416
Management, Scientific and Technical
Consulting Services; 54162
Environmental Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services

Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4377
Fax: 202 565-2552
Email: humphries.daniel@epa.gov

Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epa.gov

RIN: 2030-AA67

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                 Federal Register/Vol. 68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                     30965
EPA—General
                                                    Proposed  Rule Stage
3012. • CONTINUATION OF
IMPLEMENTING THE EMPOWERMENT
INITIATIVE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA's Office  of Acquisition
Management conducted an internal
assessment of its organization and
determined that in some situations
there were too many levels of review
required prior to making contract
awards and other contract-related
decisions. Consequently, steps were
taken to revise internal policies to
eliminate certain higher level reviews
and give authority and  responsibility
for making decisions relating to
contract actions to the qualified
individuals most familiar with the
contracting action. This rule is being
issued as a direct final  rule because the
changes being made are not considered
controversial and adverse comments are
not expected.
Timetable:
Action
NPRM
Final Action
Date
05/00/03
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4742
Agency Contact: Jill Robbins,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-1052
Fax: 202 565-2475
Email: robbins.jill@epa.gov
RIN: 2030-AA81


3013. PERSISTENT,
BIOACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: As described in the Agency's
1998 PBT Strategy, EPA is developing
and implementing National Action
Plans for certain 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 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 initially
focusing action on 12 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
tools to prevent and reduce releases of
these substances. These tools include
international, voluntary, outreach,
programmatic, remedial, compliance
monitoring and assistance,
enforcement, research, and regulatory
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.
Although these Plans are not regulatory
actions, EPA has included them in the
Regulatory Agenda to inform the public
and regulated community because the
Action Plans may discuss regulatory
alternatives for consideration.

Timetable:

Action              Date

Notice-Multimedia    11/17/98 63 FR 63926
  Strategy for PBTs
Action              Date
Notice-Draft National   11/17/98 63 FR 63926
  Action Plan for
  Mercury
Notice-Proposed      08/25/00 65 FR 51823
  National Action Plan
  forAlkyl-Lead
Notice-Proposed      08/25/00 65 FR 51825
  National Action Plan
  for
  Octachlorostyrene
  (OCS)
Notice-Draft Action    11/01/00 65 FR 65314
  Plan for Level 1
  Pesticides
Notice-Draft Action    12/08/00 65 FR 77026
  Plan for
  Hexachlorobezene
  (HCB)
Notice-Final Action    07/23/02 67 FR 48177
  Plan forAlkyl-Lead
Notice-Reproposed    10/00/03
  Action Plan for
  Mercury
Notice-Draft Action    12/00/03
  Plan for
  Benzo(a)pyrene
  (B(a)P)

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4463

Agency Contact: Tom Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409M, Washington,
DC 20460
Phone: 202 564-8829
Fax: 202 564-8901
Email: murray.tom-hq@epa.gov

Paul Matthai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7409M,
Washington, DC 20460
Phone: 202 564-8839
Fax: 202 564-8899
Email: matthai.paul@epa.gov

RIN: 2070-AD45

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30966
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
Environmental  Protection Agency  (EPA)
General
                                                                            Final Rule  Stage
3014. • IMPLEMENTATION OF
AUTHORITY TO APPOINT RESEARCH
SCIENTISTS UNDER 42 USC
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation:  Not Yet Determined
Legal Deadline: None
Abstract: The proposed regulation will
implement the Agency's authority
under 42 USC 6A.I.61 section 209(f)
and 209(g) to appoint research
scientists and  to take related personnel
actions. Under 42 USC, the Agency has
authority to make appointments of
research scientists and to take related
personnel actions including
determining qualifications, method of
recruitment, selection, duration of
appointment and pay. The Agency's
authority under 42 USC is separate
from and not limited by 5 USC. The
authority granted to the Agency under
42 USC derives from one of the
foundation documents of the Agency:
Reorganization Plan No. 3 of 1970.
Timetable:
Action
   Date
Direct Final Action
 06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4747
Agency Contact: John O'Brien,
Environmental Protection Agency,
Administration and Resources
Management, 3620M, Washington, DC
20460
Phone: 202 564-6729
Fax: 202 564-2904
Email: obrien.johnt@epa.gov
RIN: 2030-AA83


3015. 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
Governmentwide common rule for
suspension and  debarment of
contractors and  assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the Common Rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the Common Rule to
conform to changes made in the
Federal Acquisition Regulation (FAR)
as a result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those  occasioned by FASA.

Among other things, FASA replaced the
small purchase threshold ($25,000)
with the simplified acquisition amount
($100,000). That change unintentionally
exposed certain EPA programs  to
participation by contractors who may
have been debarred for serious
misconduct already. OMB has agreed to
permit agencies to amend the coverage
section of their individual agency rules
to reduce or eliminate exposure to
suspended or debarred persons.

EPA intends to issue a notice of
proposed rulemaking to amend 40 CFR
32.110 to reduce EPA exposure to such
consequences.

Timetable:
                     Action
                                        Date
                     NPRM
                     Final Action
                 01/23/02 67 FR 3265
                 10/00/03
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: No

                     Government Levels Affected: None

                     Additional Information: SAN No. 3817

                     Agency Contact: Robert F. Meunier,
                     Environmental Protection Agency,
                     Administration and Resources
                     Management, 3901R, Washington, DC
                     20460
                     Phone: 202 564-5399
                     Fax: 202 565-2469

                     RIN: 2030-AA48
3016. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING  RULE
(CROMERRR)
Priority: Other Significant
Legal Authority: PL 104-13; PL 105-277
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Legal Deadline: None
Abstract: As proposed, the Cross-Media
Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR) was
intended to provide a uniform legal
framework for paperless electronic
reporting and recordkeeping, including
electronic signature/certification, across
EPA's environmental compliance
programs.  Based on public comment,
however, EPA now plans to focus on
finalizing the electronic reporting
components of the proposed
CROMERRR, and to defer  further action
on the electronic recordkeeping
components until a later time. Under
current plans, the final electronic
reporting (ER) rule will address
electronic reporting by companies
regulated under all of EPA's programs:
air, water, pesticides, toxic substances,
wastes, and emergency response. The
final rule will remove existing
regulatory obstacles to electronic
reporting,  and it would set
requirements for companies choosing to
report electronically. In addition, the
rule would set the conditions for
allowing electronic reporting under
State, tribal or local environmental
programs that operate under EPA
authorization. The final ER rule is
intended to make electronic reporting
as simple, efficient, and cost-effective
as possible for regulated companies,
while ensuring that a transition from
paper to electronic  reporting does not
compromise EPA's  compliance and
enforcement programs. Consequently,
the Agency's strategy is to impose as
few specific requirements  as possible,
and to keep those requirements neutral
with respect to technology, so the rule
will pose no obstacles to adopting new
technologies as they emerge. To ensure
that authorized programs at the State,
tribal, and local levels meet EPA's
electronic reporting goals, the final ER
rule would specify  a set of criteria that
these program's must satisfy as they
initiate electronic reporting. In response
to public comments, EPA  is also
planning to include provisions for a
streamlined process for EPA to review
and approve authorized program

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      30967
EPA—General
                                                                           Final  Rule Stage
revisions or modifications to allow
electronic reporting. EPA is required by
the Government Paperwork Elimination
Act (GPEA) of 1998 to make the option
of electronic reporting and
recordkeeping available, where
practicable, to its regulated community
by October 2003.
Timetable:	
Action              Date
NPRM
Final Action
08/31/01  66 FR 46161
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4270
Agency Contact: Evi Huffer,
Environmental Protection Agency,
Office of Environmental Information,
2823T, Washington, DC 20460
Phone: 202 566-1697
Fax: 202 566-1684
Email: huffer.evi@epa.gov

David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 2823T,
Washington, DC 20460
Phone: 202 566-1704
Fax: 202 566-1684
Email: schwarz.david@epa.gov
RIN: 2025-AA07
3017. FELLOWSHIP GRANT
REGULATION REVISION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 46
Legal Deadline: None
Abstract: The Fellowship Rule (part
46) establishes the requirements
applicable to granting all EPA
fellowships. It supplements 40 CFR
part 30, "Uniform Administrative
Requirements for Grants and
Agreements with Institutions of Higher
Education, Hospitals, and Other Non-
Profit Organizations." The rule requires
submission of data to the Agency,
however, a new ICR is not required.
The rule is already cleared under
current ICR approval.
Timetable:
Action
 Date
Interim Final Rule
04/04/03  68 FR 16708
Action              Date
Interim Final Rule     05/05/03
  Effective
Interim Final Rule     06/03/03
  Comment Period
  End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4572
Agency Contact: W. Scott McMoran,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5376
Fax: 202 565-2468
Email: mcmoran.scott@epa.gov
RIN: 2030-AA77


3018. BACKGROUND
INVESTIGATIONS FOR
CONTRACTORS PERFORMING
SERVICES ONSITE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
September 6, 2002.
Final, Statutory, December 5, 2002.
Abstract: Executive Orders 10450 and
12968 require that all persons entering
Federal service,  including contract
employees, be investigated for
suitability. The Environmental
Protection Agency (EPA) is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add a clause
requiring contractors (and
subcontractors) to perform background
checks and make suitability
determinations for contractor (and
subcontractor) employees performing
services on or within Federally owned
or leased space and facilities,
commercial space primarily occupied
by Federal employees, and Superfund,
Oil  Pollution Act, and Stafford Act
sites. The clause will require
contractors (and subcontractors) to
perform background checks and make
suitability determinations on their
employees before the employees can
perform on-site contract services for the
EPA. Contracting Officers will be
allowed to waive the requirements of
the  clause on a case-by-case basis. The
process contemplated by the clause will
allow EPA to mitigate any actual or
                                                         potential threat to the public health,
                                                         welfare and the environment.
                                                         Timetable:
                                                         Action
                                                                            Date
                                                                           01/22/03  68 FR 2988
                                                                           05/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4733
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Fax: 202 565-2475
Email: schaffer.paul@epa.gov
RIN: 2030-AA80


3019. • WASTE ISOLATION PILOT
PLANT (WIPP) FY 2002 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102-579 sec
23(a)(2)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Report to Congress is
required by Section 23(a)(2) of the
WIPP Land Withdrawal Act, which
requires EPA to submit an annual
report to Congress "on the status of and
resources required for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant (WIPP). This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as by-products from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In 1998, EPA
certified that the WIPP complies with
EPA's radioactive waste disposal
standards at subpart B and C of 40 CFR
191 and EPA's WIPP compliance
criteria at 40 CFR 194, and thus is safe
to contain radioactive waste. Since that
time, the DOE has begun emplacing
waste in the WIPP.  The waste is stored

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30968
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—General
                                                                            Final Rule  Stage
approximately 2,100 feet underground
in excavated, natural salt formations.
EPA also has responsibility for assuring
continual compliance with EPA's
radioactive waste disposal standards.
EPA continues to have an oversight role
at the WIPP to ensure that it continues
to protect human health and the
environment. This Report  summarizes
EPA's activities past and present.
Timetable:
Action
                   Date
Report to Congress   07/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4761
Agency Contact: Raymond Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-7738
Fax: 202 565-2062
Email: lee.raymond@epa.gov
RIN: 2060-AK79


3020. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
PERFORMANCE TRACK PROGRAM
Priority: Other Significant
Legal Authority:  Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The National Environmental
Performance 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 Performance
Track by submitting an application that
documents that four specific criteria are
met: operating environmental
management system; commitment to
continuous environmental
improvement through documented past
improvements and future commitments;
engaging the public; and a strong
record of compliance. 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 reporting by publicly
                     owned treatment works (POTWs) under
                     the Clean Water Act; extending on-site
                     storage of RCRA waste to 180 days; and
                     soliciting comment on opportunities for
                     Performance Track facilities to
                     consolidate reporting under various
                     environmental statutes into a single
                     report.
                     Timetable:
                  Timetable:
                     Action
Date
                     NPRM            08/13/02 67 FR 52674
                     Final Action         09/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: State
                     Additional Information: SAN No. 4473
                     Agency Contact: Robert Sachs,
                     Environmental Protection Agency,
                     Office of the Administrator, 1808,
                     Washington, DC 20460
                     Phone: 202 566-2884
                     Fax: 202 566-2989
                     Email: sachs.robert@epa.gov

                     David Guest, Environmental Protection
                     Agency, Office of the Administrator,
                     1808, Washington,  DC 20460
                     Phone: 202 566-2872
                     Fax: 202 566-2989
                     Email: guest.david@epa.gov
                     RIN: 2090-AA13


                     3021. EPA 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 Policy
                     was updated to reflect changes over the
                     intervening 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.
                  Action
                   Date
NPRM-Draft Public    12/28/00 65 FR 82335
  Involvement Policy
Final Public         05/00/03
  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, 1807T,
Washington, DC 20460
Phone: 202 566-2204
Fax: 202 566-2200
Email: bonner.patricia@epa.gov

Scott Bowles, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2208
Fax: 202 566-2200
Email: bowles.scott@epa.gov
RIN: 2090-AA23


3022. 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
White Sands Test Facility (WSTF)
Electronic Reporting site-specific rule is
to enable the NASA WSTF  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
                  NPRM
                  Final Action
                  10/31/01 66 FR 55050
                  06/00/03
                  Regulatory Flexibility Analysis
                  Required: No

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                  30969
EPA—General
                                                        Final Rule Stage
Government Levels Affected: Federal,
State

Additional Information: SAN No. 4536

Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2183
Fax: 202 566-2220
Email: heinemann.kristina@epa.gov
                  Donna Perla, Environmental Protection
                  Agency, Office of the Administrator,
                  1807T, Washington, DC 20460
                  Phone: 202 566-2177
                  Fax: 202  566-2211
                  Email: perla.donna@epa.gov
                  RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
                                                     Long-Term Actions
3023. 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
Date
NPRM             12/06/00 65 FR 76460
Final Action           To Be 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: 202 564-7334
Email: goode.ann@epa.gov
RIN: 2020-AA36


3024. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive,  Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f)  et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline:  NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2.205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.

Timetable:
                  Action
                                     Date
                  NPRM rev CBI       11/23/94 59 FR 60446
                    Withdrawn
                    12/21/2000, 65 FR
                    80395
                  NPRM - Gen CBI regs    To Be Determined
                    Proposal to revise
                    CBI regs~40 CFR
                    Part 2, Subpart B
                  Final - Gen CBI regs     To Be Determined
                    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

                  Agency Contact: Alan D. Margolis,
                  Environmental Protection Agency,
                  Office of Environmental Information,
                  2822T, Washington, DC 20460
                  Phone: 202 566-1644
                  Fax: 202 566-1639
                  Email: margolis.alan@epa.gov

                  Rebecca Moser, Environmental
                  Protection Agency,  Office of
                  Environmental Information, 2822,
                  Washington, DC 20460
                  Phone: 202 566-1679
                  Fax: 202 566-1639
                  Email: moser.rebecca@epa.gov

                  RIN: 2025-AA02

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30970
Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—General
                                                                         Long-Term Actions
3025. 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.
                     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
                                     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 P. Wood,
                                     Environmental Protection Agency,
                                     Office of Research and Development,
                                     8103, Washington, DC 20460
                                     Phone:  202 564-3358
                                     RIN:  2080-AA06
Environmental  Protection Agency (EPA)
General
                                                                          Completed Actions
3026. • ADMINISTRATIVE CHANGES
AND TECHNICAL AMENDMENTS TO
EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 30 sec 205(c);
63 Stat 390 as amended; 40 USC 486(c);
41 USC 418b
CFR Citation: 48 CFR 1515 and 1533
Legal Deadline: None
Abstract: The action will remove
unnecessary processes from the EPA
Acquisition Regulation (EPAAR).  An
EPA Procurement Workgroup
recommended that certain changes be
made to the EPA Acquisition
Regulation (EPAAR) to remove
unnecessary processes from the
EPAAR. There is no anticipated impact
on small business and state/local/tribal
governments.
Timetable:
Action
   Date
Direct Final Action    03/14/02 67 FR 11439
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4780
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@epa.gov
                     RIN: 2030-AA82


                     3027. REWRITING OF EPA
                     REGULATIONS IMPLEMENTING THE
                     FREEDOM OF INFORMATION ACT
                     Priority: Substantive, Nonsignificant
                     CFR Citation: 40 CFR 2
                     Completed:  	
                                     Completed:
                                     Reason
                   Date
                     Reason
                                        Date
Final Action         11/05/02 67 FR 67303
Regulatory Flexibility Analysis
Required:  No
Government Levels Affected: Federal
Agency Contact: Alan D. Margolis
Phone: 202 566-1644
Fax: 202 566-1639
Email: margolis.alan@epa.gov
RIN: 2025-AA04


3028. CONTRACTOR PERFORMANCE
EVALUATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1509; 48 CFR
1552
Final Action         10/31/02 67 FR 66342
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epa.gov
RIN: 2030-AA79


3029. • PROJECT XL SITE-SPECIFIC
RULE FOR INTERNATIONAL PAPER
MILL IN JAY, MAINE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1342 and
1361
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: To allow this XL project to
be implemented, the Agency is
finalizing a rule that exempts the IP-
Androscoggin Mill from the Best
Management Practices  (BMP)
requirements specified in 40 CFR
430.03. This site-specific rule provides
that, in lieu of imposing the
requirements specified in section
430.03, the permitting  authority shall
establish conditions for the discharge

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                Federal Register/Vol.  68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   30971
EPA—General
                                                     Completed Actions
of COD and color for this mill on the
basis of best professional judgement.
Because both EPA and the Maine
Department of Environmental
Protection will be  signatories to the
Final Project Agreement (FPA), EPA
expects that the requirements for COD
and color will be based on the values
and procedures specified in the FPA.
Subsequent to issuance of this site-
specific rule, the appropriate permitting
authority(ies) will  amend or reissue the
IP-Androscoggin effluent discharge
permit to remove the requirements
corresponding to 40 CFR 430.03 and
put in place instead numeric effluent
limitations on COD and color that
reflect, in the first phase, current
effluent quality and, in the second
phase, improved effluent quality
resulting from the implementation by
the IP-Androscoggin Mill of alternative
effluent improvement projects called
for by this project.
Timetable:	
Action              Date
NPRM
Final Action
05/16/00  65 FR 31120
07/27/00  65 FR 46104
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4435

Agency Contact: Chris Rascher,
Environmental Protection Agency,
Office of the Administrator
Phone: 617 918-1834
Email: rascher.chris@epamail.epa.gov

Kristina Heinemann, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington, DC
20460
Phone: 202 566-2183
Fax: 202 566-2220
Email: heinemann.kristina@epa.gov

RIN: 2090-AA31
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
                                                           Prerule Stage
3030. • NESHAP:
PERCHLORETHYLENE DRY
CLEANING FACILITIES (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412; 5 USC
610
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On September 22,1993 (58
FR 49354), EPA promulgated standards
to control perchlorethylene emissions
from drycleaning facilities under
authority of section 112 of the Clean
Air Act. These standards are codified
in the Code of Federal Regulations at
40 CFR part 63, subpart M. In
developing these standards, EPA
performed a Regulatory Flexibility
Analysis which indicated the rule
could have a significant impact on a
substantial number of small businesses.
EPA then used this analysis to develop
the rule in a way that mitigated small-
business impact to the extent possible
while still fulfilling the Clean Air Act's
mandates.
EPA is  now initiating a review of this
rule under section 610 of the
Regulatory Flexibility Act to determine
if the rule should be continued without
change, or should be amended or
rescinded, to minimize adverse
economic impacts on small entities.
EPA will consider, and solicits
comments on, the following factors: (1)
The continued need for the rule;  (2)
the nature of complaints or comments
received concerning the rule; (3)  the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. Comments must be received by
July 31, 2003.
In submitting comments, please
reference Docket ID number OAR-2003-
0029, and  follow the instructions
provided in Unit H of the preamble to
the  Spring Regulatory Agenda.
Timetable:
Action
                   Date
Begin Review        05/00/03
End Review         11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4785
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AK64


3031. • STANDARDS FOR
REFORMULATED AND
CONVENTIONAL GASOLINE (SECTION
610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7545; 5 USC
610
                    CFR Citation: 40 CFR 80

                    Legal Deadline: None

                    Abstract: On February 16, 1994, (59 FR
                    7716), EPA promulgated standards for
                    reformulated and conventional gasoline
                    under authority of section 211 of the
                    Clean Air Act. These standards are
                    codifed in the Code of Federal
                    Regulations at 40 CFR part 80. In
                    developing those standards, EPA
                    performed a Regulatory  Flexibility
                    Analysis which indicated the rule
                    could have a significant impact on a
                    substantial number of small businesses.
                    EPA then used that analysis to develop
                    the rule in a way that mitigated small-
                    business impact to the extent possible
                    while still fulfilling the  Clean Air Act's
                    mandates.

                    EPA is now initiating a  review of this
                    rule under Section 610 of the
                    Regulatory Flexibility Act  to determine
                    if the rule should be continued without
                    change, or should be amended or
                    rescinded, to minimize adverse
                    economic impacts on small entities.
                    EPA will consider, and solicits
                    comments on, the following factors: (1)
                    The continued need  for  the rule; (2)
                    The nature of complaints or comments
                    received concerning the rule;  (3) The
                    complexity of the rule; (4) The extent
                    to which the rule overlaps, duplicates,
                    or conflicts with other Federal, State,
                    or local government rules; and (5) the
                    degree to which technology, economic
                    conditions, or other factors have
                    changed in the area affected by the
                    rule. Comments must be received by
                    July 31, 2003.

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30972
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                                Prerule Stage
In submitting comments, please
reference Docket ID number OAR-2003-
0030, and follow the instructions
provided in Unit H of the preamble to
the Spring Regulatory Agenda.
Timetable:
Action
   Date
Begin Review
End Review
 05/00/03
 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4786
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AK65


3032. • INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7511; 5 USC
610
CFR Citation: 40 CFR 51 subpart S
Legal Deadline: None
Abstract: On November 5, 1992 (57 FR
52950), EPA promulgated a rulemaking
laying out the requirements for the
automobile inspection and maintenance
program under section 182(a)(2)(B)(ii)
of the Clean Air Act. These
requirements are codifed in the Code
of Federal Regulations at 40 CFR part
51 subpart S. In developing this rule,
EPA performed a Regulatory Flexibility
Analysis which  indicated the rule
could have a significant impact on a
substantial number of small entities.
EPA then used this analysis to develop
the rule in a way that mitigated small-
entity impact to the extent possible
while still fulfilling the Clean Air Act's
mandates.
EPA is now initiating a review of this
rule under Section 610 of the
Regulatory Flexibility Act to determine
if the rule should be continued without
change, or should be amended or
rescinded, to minimize adverse
economic impacts on small entities.
EPA will consider, and solicits
comments on, the following factors: (1)
The continued need for the rule;  (2)
the nature of complaints or comments
received concerning the rule; (3)  the
complexity of the rule; (4) the extent
to  which the rule overlaps,  duplicates,
or  conflicts with other Federal, State,
or  local government rules; and (5) the
degree to which technology, economic
conditions, or other factors  have
changed in the area affected by the
rule. Comments must be received by
July 31, 2003.
In  submitting comments,  please
reference Docket ID number OAR-2003-
0031, and follow the instructions
provided in Unit H of the preamble to
the Spring Regulatory Agenda.
Timetable:
                     Action
                   Date
                     Begin Review
                     End Review
                 05/00/03
                 11/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: None
                     Additional Information: SAN No. 4787
                     Agency Contact: Thomas Eagles,
                     Environmental Protection Agency, Air
                     and Radiation, 6103A, Washington, DC
                     20460
                     Phone: 202 564-1952
                     Email: eagles.tom@epa.gov
                     RIN: 2060-AK66
3033. • REVISION TO POLICY ON
CONTROL OF VOLATILE ORGANIC
COMPOUNDS (VOC)

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7401 to 7671q

CFR Citation: 40 CFR 51.100(s)

Legal Deadline: None

Abstract: EPA is considering the
proposal of revisions to its policy on
control of volatile organic compounds
(VOC), including the use of
photochemical reactivity in controlling
VOCs. As a first step, an ANPRM will
be issued soliciting public comment on
various policy options. Subsequent
steps could range from taking no
further action to publishing a policy
statement in the Federal Register.

Timetable:
                                                          Action
                   Date
                                                          ANPRM
                  06/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State

Additional Information: SAN No. 4759

Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov

Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov

RIN:  2060-AK75

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                 Federal Register/Vol.  68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                   30973
 Environmental Protection Agency (EPA)
 Clean Air Act  (CAA)
                                                   Proposed Rule Stage
3034. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS
REQUIREMENTS UNDER CLEAN AIR
ACT SECTION 112(R)(7);
AMENDMENTS TO THE SUBMISSION
SCHEDULE AND DATA
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68
Legal Deadline: Other, Statutory,
Reports are due to the Agency by
6/21/2004.
Abstract: On June 20,1996, EPA
published risk management planning
regulations  mandated under the
accidental release prevention
provisions of the Clean Air Act (CAA).
Sources with more  than a threshold
quantity of  a regulated substance in a
process are  required to develop and
implement  a risk management program
that includes, for covered processes, a
five-year accident history, an off-site
consequence analysis, a prevention
program, and an emergency response
program. The owners and operators of
these sources must  submit a risk
management plan (RMP) that
summarizes the source's
implementation of the risk management
program. The RMPs are to be made
available to Federal, state, and local
emergency planning and response
agencies and to the public through a
central location. The first submissions
were received in June 1999; to date,
approximately 15,000 sources have
submitted RMPs.
EPA is proposing to modify the
submission  schedule under the risk
management program by adding two
triggers to the requirements to correct
or update the RMP: (a) sources who
have an accident that meets the criteria
for the five  year accident history be
required to  update their RMP within
six months  of the date of the accident;
and (b) sources will be required  to
correct their emergency contact
information within  one month of a
change in the information. EPA is  also
proposing to add four data elements to
the RMP: (a) a mandatory data element
for sources to provide the e-mail
address for  the emergency contact; (b)
new data elements for sources to
provide the reason for an RMP update
(e.g. new regulated  substance onsite,
etc.) or correction; (c) a new five-year
accident history data element
requirement for the owner or operator
to provide an indication of whether the
accident involved an
uncontrolled/runaway reaction; and (d)
additional data elements for sources
that use a contractor to fill out the RMP
to provide their name, address and
telephone number. Finally, EPA
proposes to remove the requirement for
sources to discuss the off-site
consequence analysis (i.e. worst-case
accidental release scenario(s) and the
alternative accidental release
scenario(s)) within the executive
summary of the RMP. This effort will
ultimately provide the implementing
agency important contact and accident
information to allow for assistance and
improved communications of
information to prevent accidents.
These changes should not significantly
change the associated burden. The
major change would be the accidental
release update requirement; however,
the source will not need to submit
again, provided there are no  other
accidents or major changes, for another
5 years. EPA intends to finalize all of
these changes in time for the majority
of facilities to complete their five year
updates due June 21, 2004.
Timetable:
Action
 Date
NPRM
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4755
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-8233
Email: rodgriguez.vanessa@epa.gov
RIN: 2050-AF09


3035. PETITIONS TO DELIST SOURCE
CATEGORIES FROM THE SOURCE
CATEGORY LIST, DEVELOPED
PURSUANT TO SECTION 112(C) OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
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
February 12, 2002 (67 FR 6521).
Section 112(c)(9), which provides the
legislative authority and guidelines for
such actions, states that title
Administrator may delete a SC from the
list under section 112(c), on petition of
any person or on the Administrator's
own motion, whenever the
Administrator determines that no
source in the category emits hazardous
air pollutants (HAPs) in quantities
which may cause a lifetime risk of
cancer greater than 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
August 14, 2002, one petition to delist
a SC has been received. It contains
information on HAP emissions,
exposures, health effects, human risks,
and potential ecological concerns as
well as the petitioner's explanation
why the 2-Piece Can Manufacturing
should be removed from the SC List.
The EPA is reviewing the petition.
Once the review is completed, the EPA
will decide whether to grant or deny
the petition.  Section 112(c)(9) requires
that within 12 months of receipt of a
petition, the Administrator shall either
grant or deny the petition by publishing
a written explanation of the reasons for
the Administrator's decision.
Timetable:
                    Action
                   Date
                    NPRM            05/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: None
                    Additional Information: SAN No. 4415
                    Agency Contact: Kelly Rimer,
                    Environmental Protection Agency, Air
                    and Radiation, C404-01, Washington,
                    DC 20460
                    Phone: 919 541-2962
                    Fax: 919 541-0840
                    Email: rimer.kelly@epa.gov

                    David E. Guinnup, Environmental
                    Protection Agency, Air and Radiation,
                    C404-01

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30974
Federal  Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                        Proposed  Rule Stage
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov

RIN: 2060-AJ23
3036. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES

Priority: Substantive, Nonsignificant

Legal Authority: CAA 211

CFR Citation: 40 CFR 80

Legal Deadline: None

Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The  proposed
action will not impact small businesses,
or state, local, or tribal governments.

Timetable:
Action
   Date
NPRM
 01/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4531

Agency Contact: Jeffrey A. Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4227
Fax: 734 214-4051
Email: herzog.jeff@epa.gov

RIN: 2060-AJ61
                     3037. AMENDMENTS TO METHOD 24
                     (WATER-BASED COATINGS)
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7410
                     CFR Citation: 40 CFR 60
                     Legal Deadline: Final, Statutory, June
                     15, 2001.
                     Abstract: The determination of volatile
                     organic compounds (VOCs) content of
                     a surface coating by reference Method
                     24 involves determination of its water
                     content and calculation of its  VOC
                     content as the difference of the two
                     measurements (volatile content minus
                     water content). Method 24 is inherently
                     less precise for water-based coatings
                     than it is for solvent-based coatings and
                     the imprecision increases as water
                     content increases. This action will
                     amend Method 24 by adding a direct
                     measurement procedure for measuring
                     VOC content of water-based coatings,
                     thereby improving the method's
                     precision.
                     Timetable:
                     Action
                   Date
                     NPRM
                     Final Action
                  10/00/03
                  10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov

Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72


3038.  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. 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
NPRM
Final Action
08/00/03
12/00/04
                                                           Regulatory Flexibility Analysis
                                                           Required: No

                                                           Small Entities Affected: No

                                                           Government Levels Affected: Federal,
                                                           State, Tribal
                                                           Additional Information: SAN No. 4070

                                                           Agency Contact: Annie Nikbakht,
                                                           Environmental Protection Agency, Air
                                                           and Radiation, C539-02, Durham, NC
                                                           27701
                                                           Phone: 919 541-5246
                                                           Fax: 919 541-0824
                                                           Email: nikbakht.annie@epamail.epa.gov

                                                           Dave Stonefield, Environmental
                                                           Protection Agency, Air and Radiation,

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                                     30975
EPA—Clean Air Act (CAA)
                                                                     Proposed  Rule Stage
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5350
Fax: 919 541-0824
Email: stonefield.dave@epamail.epa.gov
RIN: 2060-AH93


3039. • REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40 CFR PART 51): ADOPTION
OF A PREFERRED GENERAL
PURPOSE (FLAT AND COMPLEX
TERRAIN) DISPERSION MODEL AND
OTHER REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410; CAAA
110(a)(2); CAAA 165(e); CAAA 172(a);
CAAA 172(c); 42 USC 7601; CAAA
301(a)(l); CAAA 320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action would revise the
Guideline on Air Quality Models,
published as appendix W to 40 CFR
part 51.  The Guideline provides EPA-
recommended models for use  in
predicting ambient concentrations of
pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. The Guideline fulfills a Clean
Air Act mandate for EPA to specify
models for air management purposes.
This revision would enhance the
Guideline by incorporating a new,
general-purpose dispersion model
called AERMOD, which would replace
the existing Industrial Source  Complex
(ISC3) model in many air-quality
assessments, including those involving
complex terrain. An earlier version of
the AERMOD revision was previously
proposed (65 FR 21505, 4/21/2000; see
SAN 3470), but not promulgated. We
are reproposing  it to reflect changes
made in response to public comment
we received on the April 2000
proposal.
Timetable:
Action
Date
NPRM            04/21/00 65 FR 21505
Supplemental NPRM  05/00/03
Final Action        09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
                  Additional Information: SAN No. 3470
                  Agency Contact: Tom Coulter,
                  Environmental Protection Agency, Air
                  and Radiation, C339-02, Research
                  Triangle Park, NC 27711
                  Phone: 919 541-0832
                  Email: coulter.tom@epa.gov

                  Joseph A.  Tikvart, Environmental
                  Protection Agency, Air and Radiation,
                  D243-01, Research Triangle Park, NC
                  27711
                  Phone: 919 541-5562
                  Email: tikvart.joe@epa.gov
                  RIN: 2060-AK60
                  3040. NESHAP: PAINT STRIPPING
                  OPERATIONS
                  Priority: Substantive, Nonsignificant
                  Legal Authority: 42 USC 7412
                  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
NPRM            12/00/03
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, C439-01, Research
Triangle Park, NC 27711
                                     Phone: 919 541-5340
                                     Fax: 919 541-5450
                                     Email: pagan.jaime@epa.gov

                                     Robert J. Wayland, Environmental
                                     Protection Agency, Air and Radiation,
                                     C439-01, Research Triangle Park, NC
                                     27711
                                     Phone: 919 541-1045
                                     Fax: 919 541-5450
                                     Email: wayland.robertj@epa.gov
                                     RIN: 2060-AG26


                                     3041. AIR QUALITY: REVISION TO
                                     DEFINITION OF VOLATILE ORGANIC
                                     COMPOUNDS — EXCLUSION OF 4
                                     COMPOUNDS
                                     Priority: Substantive, Nonsignificant
                                     Legal Authority: 42 USC 7407(d)
                                     CFR Citation: 40 CFR 51
                                     Legal Deadline: None
                                     Abstract: This is a deregulatory action
                                     to exclude four compounds from the
                                     list of volatile organic compounds
                                     (VOCs) on the basis that these
                                     compounds make a negligible
                                     contribution to tropospheric ozone
                                     formation. These four compounds are:
                                     1,1,1,2,2,3,3-heptafluoro-3-methoxy-
                                     propane (n-C3F7OCH3; 3-ethoxy-
                                     ,l,l,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
                                     (trifluoromethyl) hexane (known as
                                     HFE-7500, HFE-S702, T-7145, and L-
                                     15381); 1,1,1,2,3,3,3-
                                     heptafluoropropane (known as HFC
                                     227ea); and methyl formate
                                     (HCOOCH3). These compounds have
                                     potential for use as refrigerants, fire
                                     suppressants, aerosol propellents,
                                     sterilants, blowing agents (used in the
                                     manufacture of foamed plastic), and
                                     solvents. This action will remove the
                                     necessity to control these four
                                     compounds as VOCs in State
                                     Implementation Plans for attaining the
                                     ozone standard.
                                     Timetable:
                                                       Action
                                                                          Date
                                                        NPRM
                                                        Final Action
                                                       05/00/03
                                                       08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4683
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: David Sanders,
Environmental Protection Agency, Air

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30976
Federal  Register/Vol. 68, No.  101/Tuesday, May 27,  2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                        Proposed  Rule Stage
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epa.gov

William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
RIN: 2060-AK37


3042. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations  governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian  country. Pursuant
to the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs. The Federal NSR permitting
programs would be  effective throughout
Indian country and  would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. The proposed Federal minor
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are:  (1) new  minor sources, (2)
existing minor sources undergoing
modification,  or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The  proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (1) new major sources, or
(2) existing major sources undergoing
major modification. These rules would
not impose any mandates on Tribal
                     governments to implement NSR
                     permitting programs. Tribal
                     governments may be affected, however,
                     insofar as they own or operate sources
                     that must obtain a permit from the EPA
                     under the final Federal permitting
                     program regulations.
                     Timetable:
                     Action
 Date
                     NPRM
                     Final Action
08/00/03
08/00/04
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: Businesses,
                     Governmental Jurisdictions
                     Government Levels Affected: Federal,
                     Tribal
                     Additional Information: SAN No. 3975
                     Agency Contact: Mark Sendzik,
                     Environmental Protection Agency, Air
                     and Radiation, C339-03, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5534
                     Fax: 919 541-5509
                     Email: barkley.joyce@epa.gov

                     Laura McKelvey, Environmental
                     Protection Agency, Air and Radiation,
                     C504-01, Research Triangle Park, NC
                     27711
                     Phone: 919 541-5497
                     Email: mckelvey.laura@epamail.epa.gov
                     RIN: 2060-AH37
                     3043. IMPLEMENTATION RULE FOR 8-
                     HOUR OZONE NAAQS
                     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 7408; 42 USC
                     7410; 42 USC 7501 to 7511f; 42 USC
                     7601(a)(l)
                     CFR Citation: 40 CFR 51
                     Legal Deadline: None
                     Abstract: This rule would provide
                     specific requirements for State and
                     local air pollution control agencies and
                     tribes to prepare State Implementation
                     Plans (SIPs) and Tribal Implementation
                     Plans (TIPs) under the 8-hour national
                     ambient air quality standard (NAAQS)
                     for ozone, published by EPA on July
                     18, 1997. The Clean Air Act (CAA)
                     requires EPA to set ambient air quality
                     standards and requires States to submit
                     SIPs to implement those standards. The
1997 standards were challenged in
court, but in February 2001, the
Supreme Court determined that EPA
has authority to implement a revised
ozone standard, but ruled that EPA
must reconsider its implementation
plan for moving from the 1-hour
standard to the revised standard. The
Supreme Court identified conflicts
between different parts of the CAA
related to implementation of a revised
NAAQS, provided some direction to
EPA for resolving the conflicts, and left
it to EPA to develop a reasonable
approach for implementation. Thus,
this rulemaking must address the
requirements of the CAA and the
Supreme Court's ruling. This rule
would provide detailed provisions to
address the CAA requirements for SIPs
and TIPs and would thus affect States
and tribes. States with areas that are
not attaining the 8-hour ozone NAAQS
will have to develop — as part of their
SIPs — emission limits and other
requirements to attain the NAAQS
within the timeframes set forth in the
CAA. Tribal lands that are not attaining
the 8-hour ozone standard may be
affected, and could voluntarily submit
a TIP, but would not be required to
submit a TIP. In cases where a TIP is
not submitted, EPA would have the
responsibility for planning in those
areas.

Timetable:
                                                           Action
                                       Date
                    NPRM
                    Final Action
                  05/00/03
                  12/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: State,
                    Local, Tribal
                    Additional Information: SAN No. 4625

                    Agency Contact: John Silvasi,
                    Environmental Protection Agency, Air
                    and Radiation, C539-02, Research
                    Triangle Park, NC 27711
                    Phone: 919 541-5666
                    Fax: 919 541-0824
                    Email: silvasi.john@epa.gov

                    Denise Gerth, Environmental Protection
                    Agency, Air and Radiation, C539-02,
                    Research Triangle Park, NC 27711
                    Phone: 919 541-5550
                    Fax: 919 541-0824
                    Email: gerth.denise@epamail.epa.gov

                    RIN: 2060-AJ99

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                Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      30977
EPA—Clean Air Act (CAA)
                                                                      Proposed  Rule Stage
3044. • IMPLEMENTATION RULE FOR
PM-2.5 NAAQS
Priority: Other Significant
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: In 1997, EPA promulgated
revised National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). The rule described in
this paragraph — the Implementation
Rule for PM-2.5 NAAQS — will
include requirements and guidance for
State and local air pollution agencies
to develop and submit State
implementation plans (SIPs) designed
to bring the areas into attainment with
the 1997 standards. These SIP-
development activities include
conducting technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5 levels,
and adopting regulations as needed in
order to attain the standards. Ambient
air quality monitoring for 1999-2001
shows that areas exceeding  the
standards are located throughout the
eastern half of the U.S. and in
California. Estimates show that
compliance with the standards will
prevent thousands of premature deaths
from heart and lung disease, tens of
thousands of hospital admissions and
emergency room visits, and millions of
absences from school and work every
year.
Timetable:
Action
 Date
NPRM
Final Action
09/00/03
09/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4752
Agency Contact: Richard Damberg,
Environmental Protection Agency, Air
and Radiation, C504-02, Washington,
DC 20460
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epa.gov

Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02
                    Phone: 919 541-5556
                    Fax: 919 541-5489
                    Email: paisie.joe@epamail.epa.gov

                    RIN: 2060-AK74


                    3045. AMENDMENTS TO STANDARD
                    OF PERFORMANCE FOR NEW
                    STATIONARY SOURCES;
                    MONITORING REQUIREMENTS (40
                    CFR PART 60, APPENDIX F,
                    PROCEDURE 3)

                    Priority: Substantive, Nonsignificant

                    Legal Authority: 42 USC 7411

                    CFR Citation: 40 CFR 60

                    Legal Deadline: Final, Statutory, June
                    15, 2001.

                    Abstract: This rulemaking proposes to
                    add a method, Method 203, for the
                    measurement of opacity from stationary
                    sources, to appendix M (Example Test
                    Methods for State Implementation
                    Plans) in 40 CFR part 51. This action
                    provides States with an instrumental
                    test method which can be used in
                    determining, on a continuous basis,
                    compliance with stationary source
                    opacity emission limitations.

                    Timetable:
                    Action
                   Date
NPRM            10/07/92 57FR46114
Supplemental NPRM  05/00/03

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 3958

Agency Contact: Solomon O. 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

Frederick J. Thompson, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epa.gov

RIN: 2060-AH23
3046. PERFORMANCE
SPECIFICATION 16 —
SPECIFICATIONS AND TEST
PROCEDURES FOR PREDICTIVE
EMISSION MONITORING SYSTEMS IN
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of
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
NPRM             06/00/03
Final Action         06/00/04
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
Email: curtis.foston@epamail.epa.gov

Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,

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30978
Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                        Proposed Rule Stage
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
Email:
oldham.conniesue@epamail.epa.gov

RIN: 2060-AH84


3047. • REVISIONS TO METHODS 3A,
6C, 7E, 10, AND 20

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7411

CFR Citation: 40 CFR 60

Legal Deadline: None

Abstract: Methods 3A, 6C, 7E, 10, and
20 of 40 CFR part 60, appendix A are
instrumental methods that are being
revised to  make their performance
criteria consistent. Analyzer calibration
error tests  and sampling system bias
tests now required in Methods 3A,  6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the  acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997, in an announcement
entitled "Amendments for Testing and
Monitoring Provisions." They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
the methods. The commenters
requested  a reproposal of these
revisions to the instrumental methods
to allow for adequate public review.
Methods 7F and 7G are new methods
that measure nitrogen oxides
electrochemically. These methods are
being proposed in response to requests
made by vendors/sources. These
methods will add flexibility to the
testing  provisions currently in place
and will not add requirements or affect
the stringency of the underlying
emission standards.

Timetable:
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: Federal
                     Additional Information: SAN No. 4161
                     Agency Contact: Foston Curtis,
                     Environmental Protection Agency, Air
                     and Radiation, MD-19, Washington, DC
                     20460
                     Phone: 919 541-1063
                     Email:  curtis.foston@epamail.epa.gov
                     RIN: 2060-AK61


                     3048. NESHAP: PRINTING AND
                     PUBLISHING INDUSTRY;
                     AMENDMENTS
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7412
                     CFR Citation: 40 CFR 63
                     Legal Deadline: Final, Statutory,
                     November 15, 1994.
                     Abstract:  The amendments will  clarify
                     the rule and ensure it reflects the EPA's
                     intent.
                     Timetable:
                     Action
                                        Date
Action
                   Date
NPRM
Final Rule
 05/00/03
 04/00/04
NPRM             06/00/03
Final Action         12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4310
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov

Dianne Byrne, Environmental
Protection Agency,  Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI66


3049. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received four
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 four
individual determinations, the Agency
will issue separate notices for each.
Timetable:
                                                           Action
                                                                              Date
Denial Notice:        05/02/01  66 FR 21929
  Methanol Petition
NPRM: MEK-        05/00/03
  Delist/Denial Notice-
  3 Petitions by
  06/2002
NPRM:EGBE-       10/00/03
  Delist/Denial Notice
NPRM:MIBK-        12/00/03
  Delist/Denial Notice

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected:
Undetermined

Additional Information: SAN No. 4313

Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01,  Washington,
DC 20460
Phone: 919 541-2962
Fax:  919 541-0840
Email: rimer.kelly@epa.gov

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                Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                     30979
EPA—Clean Air Act (CAA)
                                                                      Proposed Rule Stage
David E. Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AI72


3050.  ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates:  This action may
affect  State, local or tribal governments
and the private sector.
Legal  Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal  Deadline: NPRM, Judicial,
December 15, 2003.
Final, Judicial, December 15, 2004.
Abstract: In December 2000, the EPA
determined that regulation of hazardous
air pollutant emissions (HAP) from oil-
and coal-fired electric utility steam
generating units was necessary and
appropriate. This finding was based on
the results of the study mandated by
section 112(n)(l)(A) of the Clean Air
Act, as amended. The regulation(s) will
be developed under section 112 and
will result in standards based on the
use of maximum achievable control
technology (MACT). The primary
benefit will be the reduction of mercury
emissions to the atmosphere from coal-
fired units but other HAP will also be
reduced. Small businesses and
State/local/tribal governments could be
impacted (particularly those
governments owning or operating oil-
or coal-fired electric generation
facilities).
Timetable:
Action
 Date
NPRM
Final Action
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4571

Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Robert J. Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov

William H. Maxwell, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AJ65


3051.  PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline:  None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 CFR 63, subpart
LLL. The Sierra Club and the National
Lime Association petitioned the court
to review subpart LLL, while the
American Portland Cement Alliance
(APCA)  opted to negotiate a settlement
agreement. (Note that there is currently
a separate rule under development to
amend subpart LLL to implement the
settlement agreement with the APCA —
SAN 4524, RIN 2060-AJ57). On
December 15, 2000, a panel of the D.C.
Circuit issued its opinion in National
Lime Ass'n v. EPA. The Court
remanded the three standards for which
we established floors of no control
(hydrogen chloride (HCl), total
hydrocarbon (THC), and mercury (Hg)).
The Court found that we committed
error in  not considering other means
of control, in particular, control of
HAPs in raw materials and in fossil
fuels.  The Court also remanded that we
consider setting beyond-the-floor
standards for HAP metals, for which
particulate matter (PM) is a surrogate.
This action will  consist of amendments
to respond to the court remand.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C5 04-05, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ78


3052.  NATIONAL EMISSION
STANDARDS FOR COKE OVEN
BATTERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
October 27, 2001,  National Emission
Standards for Coke Ovens - Residual
Risk Standards.
Abstract: The Clean Air Act (CAA)
section 112(f), standard to protect
health and the environment is the
statutory authority for this rulemaking.
In accordance with section  112(f)(2),
EPA must promulgate residual risk
standards 8 years after promulgation of
emission standards. We promulgated
emission standards for charging,
topside leaks, and door leaks at coke
ovens on October 27, 1993.  This rule
will further reduce coke oven emissions
from charging, topside leaks, and door
leaks at the affected coke plants.
Timetable:
                                                         Action
                   Date
                    Action
                   Date
                    NPRM
                 06/00/03
NPRM             08/00/03
Final Action         08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State

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30980
Federal Register/Vol.  68,  No. 101/Tuesday,  May 27,  2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                       Proposed Rule Stage
Additional Information: SAN No. 4620
Sectors Affected: 331111 Iron and
Steel Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5450
Email: melton.lula@epa.gov

David E. Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AJ96


3053. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL:
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40  CFR 63
Legal Deadline: None
Abstract: On April 12,  2001, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for solvent extraction of
vegetable oil. This amendment will
consider adjustments to that NESHAP
in light of information gained since  its
promulgation.
Timetable:
Action
                   Date
NPRM            03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4672
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 F. 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

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
                     C439-03, Research Triangle Park, NC
                     27711
                     Phone: 919 541-5395
                     Fax: 919 541-0246
                     Email: hustvedt.ken@epa.gov
                     RIN: 2060-AK32
                     3054. NESHAP FOR PRIMARY
                     ALUMINUM REDUCTION PLANTS;
                     AMENDMENTS
                     Priority: Substantive, Nonsignificant

                     Legal Authority: 42 USC 7412
                     CFR Citation: 40 CFR 63

                     Legal Deadline: None

                     Abstract: The NESHAP for Primary
                     Aluminum Reduction Plants was
                     promulgated in 1997  (40 CFR part 63,
                     subpart LL). The amendments
                     described here would revise the
                     emission limit for polycyclic organic
                     matter applicable to one subcategory of
                     source based on newly available data
                     more representative of performance
                     from the top five performing sources.
                     The proposed amendments would also
                     clarify language on compliance dates
                     and add specific provisions for startup
                     of new or reconstructed affected
                     sources and affected sources that restart
                     after being  idled for long periods of
                     time. More time would be allowed due
                     to the nature of the process operation,
                     depending  on the type of source. No
                     additional costs or information
                     collection requirements would be
                     incurred as a result of the amendments.
                     There also  are no significant policy
                     issues. State agency and industry
                     representatives concur with the
                     changes, which will improve
                     implementation of the 1997 rule.
                     Timetable:
                     Action
                                       Date
                     NPRM
                     Final Action
05/00/03
09/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: None

                     Additional Information: SAN No. 4713
                     Agency Contact: Steve Fruh,
                     Environmental Protection Agency, Air
                     and Radiation, C439-02, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-2837
                     Fax: 919 541-5450
                     Email: fruh.steve@epamail.epa.gov
                    Susan Wyatt, Environmental Protection
                    Agency, Air and Radiation, C435-D,
                    Research Triangle Park, NC  27711
                    Phone: 919 541-5674
                    Fax: 919 541-0942
                    Email: wyatt.susan@epamail.epa.gov

                    RIN: 2060-AK50


                    3055. NESHAP FOR SOURCE
                    CATEGORIES: GENERAL
                    PROVISIONS; AMENDMENTS FOR
                    POLLUTION PREVENTION
                    ALTERNATIVE COMPLIANCE
                    REQUIREMENTS
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 42 USC 7412

                    CFR Citation: 40 CFR 63.2; 40 CFR
                    63.17
                    Legal Deadline: None
                    Abstract: We are proposing
                    amendments to the part 63 General
                    Provisions that would allow facilities
                    that are subject to a maximum
                    achievable control technology (MACT)
                    subpart to discontinue unnecessary
                    requirements if, through pollution
                    prevention measures, they achieve and
                    can demonstrate continued hazardous
                    air pollutant (HAP) emission reductions
                    equivalent to or better than the MACT
                    level of control. We are proposing these
                    amendments to encourage and promote
                    pollution prevention, which is our
                    strategy of first choice in reducing HAP
                    emissions. We expect these
                    amendments to result in no  additional
                    burden for sources and air pollution
                    control agencies. This effort is the
                    product of discussions with State and
                    local air pollution control officials.
                    There also are no significant policy
                    issues.
                    Timetable:
                                                         Action
                                      Date
NPRM
05/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: None

                    Additional Information: SAN No. 4719
                    Agency Contact: Steve Fruh,
                    Environmental Protection Agency, Air
                    and Radiation, C439-02, Research
                    Triangle Park, NC 2 7711
                    Phone: 919 541-2837
                    Fax: 919 541-5450
                    Email: fruh.steve@epamail.epa.gov

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27, 2003/Unified Agenda
                                                                                    30981
EPA—Clean Air Act (CAA)
                                                                     Proposed Rule Stage
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK54
3056. • PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT (HAP)
SOURCE CATEGORY FROM SECTION
112 OF THE CLEAN AIR ACT — GAS
TURBINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Other, Statutory, 12
months from the date of the receipt of
the last information completing the
petition.
Abstract: The Agency has received a
petition to remove the Gas Turbines
source category from the list of
hazardous air pollutant sources under
section 112(c) of the Clean Air Act. The
Agency must review the petition and
either grant or deny the petition within
12 months of the date the complete
petition is received. If the Agency
grants the petition, a notice of proposed
rulemaking will be published in the FR,
allowing the opportunity for public
comment. If the Agency denies the
petition, a notice of denial will be
published in the FR providing an
explanation of the denial.
Timetable:
Action
Date
NPRM or Notice     10/00/03
  (NPRM Issued Only
  If Petition Is
  Granted)
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4751
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DG 20460
Phone: 919 541-2962
Fax: 919 541-0840
                   Email: rimer.kelly@epa.gov

                   David E. Guinnup, Environmental
                   Protection Agency, Air and Radiation,
                   C404-01
                   Phone: 919 541-5368
                   Fax: 919 541-0840
                   Email: guinnup.dave@epa.gov

                   RIN: 2060-AK73
3057. SECTION 126 RULE
WITHDRAWAL PROVISION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7426

CFR Citation: 40 CFR 52

Legal Deadline: None

Abstract: EPA is proposing to revise
one narrow aspect of the Section 126
Rule, which was promulgated January
18, 2000. The rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. EPA included a provision in the
Section 126 Rule which provided that
where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially  different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore,  it is necessary to
revise the Section  126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This proposal would not create any
new requirements  and there are no
associated costs.

Timetable:
                  Action
                   Date
                  NPRM
                 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov

Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41


3058. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2,  1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 7401-7671q
CFR Citation: 40 CFR 93
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to promulgate rules that establish
the criteria and procedures  for
determining whether highway and
transit plans, programs, and projects
conform to state air quality  plans.
Conformity means that the
transportation actions will not cause or
worsen violations of air quality
standards or delay timely attainment of
the standards. The original conformity
rule was finalized on November 24,
1993, and most recently amended on
August 15, 1997. On March 2, 1999,
the U.S. Court of Appeals overturned
certain provisions of the 1997
conformity amendments. This
rulemaking will amend the  conformity
rule in compliance with the court
decision. The rulemaking will formalize
the May 14,1999, EPA guidance and
the June 18, 1999, DOT guidance that
was issued to guide action on this issue
until a rulemaking could be issued.
Specifically, the rulemaking will clarify
the types of projects that can be
implemented in the absence of a
conforming transportation plan.  It will
also explain EPA's process for
reviewing newly submitted  air quality
plans and when those submissions can
be used for conformity purposes.

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30982
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                       Proposed Rule  Stage
Timetable:
Action
   Date
NPRM
 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4340
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4283
Fax: 734 214-4052
Email: spickard.angela@epa.gov
RIN: 2060-AI56


3059. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511b
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
NPRM
Final Action
 05/00/03
 05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax:  919 541-0072
Email: moore.bruce@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax:  919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI62


3060. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES AND FUEL
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 15 USC 2002
CFR Citation: 40 CFR 89
Legal Deadline: None
Abstract: On October 23, 1998, EPA
finalized emission standards for
nonroad compression ignition (i.e.,
diesel) engines for engines over 37
kW(50hp). The regulation reduced the
NOx + HC emissions standard by 30
percent to 37 percent (based on the
power class) from the previous 6.9
g/hp-hr NOx and 1.0 g/hp-hr HC
standard beginning  in 1999. As a
follow-up to that 1998 rulemaking, the
Agency is now undertaking a
technology review, pursuant to the
Clean Air Act, to assess whether more
stringent standards are now feasible,
and to promulgate such standards if the
findings are positive. The technology
review will  reassess the NOx + HC
standards and will set the next phase
of particulate matter standards for over
37 kW and up to 560 kW. The emission
limits will also be reexamined for the
under 37 kW scheduled for
implementation in 2004. The issue of
the sulfur content of nonroad diesel
fuel will be raised and consideration
given to lowering the fuel sulfur level
with an ultimate 15 ppm cap. The
certification duty cycle for this class of
engines will also be revisited to
implement a transient duty cycle that
gives some assurance of better in-use
control of particulate matter.
Timetable:
                     Action
                   Date
                     NPRM            05/00/03
                     Regulatory Flexibility Analysis
                     Required: Yes
                     Small Entities Affected: Businesses
                     Government Levels Affected: Federal,
                     State, Local
                     Additional Information: SAN No. 4675
                     Agency Contact: Cleophas Jackson,
                     Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov

William Charmley, Environmental
Protection Agency, Air and Radiation,
ASD
Phone: 734 214-4466
Fax: 734 214-4050
Email:
charmley.william@epamail.epa.gov
RIN: 2060-AK27


3061. • EMISSIONS  DURABILITY
PROCEDURES FOR NEW LIGHT-DUTY
VEHICLES AND LIGHT-DUTY TRUCKS
Priority: Other Significant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86

Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers  used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of  those  vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
preproduction  vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the Federal emission standards or the
test procedures used to quantify
emissions.
Timetable:
                                     Action
                   Date
                                     NPRM             05/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: None
                                     Additional Information: SAN No. 4757

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   30983
EPA—Clean Air  Act (CAA)
                                                   Proposed  Rule Stage
Sectors Affected: 3361 Motor Vehicle
Manufacturing
Agency Contact: Eldert Bontekoe,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4442
Fax: 734 214-4053
Email: bontekoe.eldert@epamail.epa.gov

Linda Hormes, Environmental
Protection Agency, Air and Radiation,
NFEVL, Ann Arbor,  MI 48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AK76


3062. 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 issued an ANPRM to
inform the public of this preliminary
inquiry, and to solicit public comment
on possible regulatory action.
Timetable:
Action
 Date
ANPRM
NPRM
03/24/00  65 FR 16094
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State
Additional Information: SAN No. 4393
Agency Contact: Joseph Bachman,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202 564-3968
Fax: 202 565-2084
Email: bachman.joseph@epa.gov

Bob Perils, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO


3063. OPERATING PERMITS:
REVISIONS TO 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 will
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
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
NPRM             12/00/03
Final Action         12/00/04
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, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epa.gov

Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AF70
3064. SELECTION OF SEQUENCE OF
MANDATORY SANCTIONS TO BE
APPLIED PURSUANT TO SECTION
502 OF THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7661a(d); 42
USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the
order of sanctions for operating permits
program deficiencies under the
mandatory sanctions provisions of title
V of the Clean Air Act. This rule would
stipulate that an emission offset
sanction applies first  and a highway
funding sanction six months later.
Sanction application under section 502
of the Clean Air Act is automatic under
the timeframes prescribed once EPA
selects the sanction order; EPA's only
discretion concerns the ordering of
sanctions as discussed above. Thus, the
only relevant potential impact is the
effect of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has corrected the

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30984
Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                       Proposed Rule Stage
deficiency prompting the finding,
applying the offset sanction first
eliminates the need for EPA and other
agencies to bear the greater
administrative and implementation
burden of having to effectuate the
highway sanction,
Timetable:
                     Timetable:
                     Action
                   Date
Action
   Date
NPRM            05/00/03
Final Action        09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4700
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epa.gov

Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AK46
3065. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL AND
EMERGENCY USES OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767lc
CFR Citation: 40 CFR Part 82
Legal Deadline: None
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.
                     NPRM
                 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4535
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2651
Fax: 202 565-2079
Email: finman.hodayah@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington,  DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ63


3066. 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
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
                                                          NPRM             05/00/03
                                                          Final Action         06/00/04
                                                          Regulatory Flexibility Analysis
                                                          Required: No
                                                          Small Entities Affected: Businesses
                                                          Government Levels Affected: None
                                                          Additional Information: SAN No. 4599
                                                          Sectors Affected: 331 Primary Metal
                                                          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; 32615
                                                          Urethane and Other Foam Product
                                                          (except Polystyrene) Manufacturing
                                                          Agency Contact: Margaret Sheppard,
                                                          Environmental Protection Agency, Air
                                                          and Radiation, 6205J, Washington, DC
                                                          20460
                                                          Phone: 202 564-9163
                                                          Fax: 202 565-2155
                                                          Email: sheppard.margaret@epa.gov

                                                          Erin Birgfeld, Environmental Protection
                                                          Agency, Air and Radiation, 6205J,
                                                          Washington, DC 20460
                                                          Phone: 202 564-9079
                                                          Fax: 202 565-2155
                                                          Email: birgfeld.erin@epa.gov
                                                          RIN: 2060-AK26
                                                          3067. PROTECTION OF
                                                          STRATOSPHERIC OZONE:
                                                          ADJUSTING ALLOWANCES FOR
                                                          CLASS I SUBSTANCES FOR EXPORT
                                                          TO ARTICLE 5 COUNTRIES
                                                          Priority: Substantive, Nonsignificant
                                                          Legal Authority: 42 USC 7414; 42 USC
                                                          7601; 42 USC 7671 to 7671q
                                                          CFR Citation: 40 CFR 82
                                                          Legal Deadline: None
                                                          Abstract: This action reinforces the
                                                          economic incentives related to the
                                                          transition of Article 5 countries to
                                                          ozone-depleting substance alternatives.
                                                          Currently, Article 5 allowances are

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                Federal Register/Vol.  68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                                      30985
EPA—Clean  Air  Act (CAA)
                                                                      Proposed Rule  Stage
determined as a percentage of total
production allowances assigned to U.S.
companies for class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action establishes Article
5 allowances independent of total
production allowances.
Timetable:	
Action              Date
NPRM
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4697
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-5289
Fax: 202 565-2155
Email: kocchi.suzanne@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK45


3068. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671(g) CAA
608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become  certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
                                                         Timetable:
                    Action
                                       Date
                    NPRM
                    Final Action
                 05/00/03
                 12/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: Businesses
                    Government Levels Affected: None
                    Additional Information: SAN No. 3673
                    Agency Contact: Julius Banks,
                    Environmental Protection Agency, Air
                    and Radiation, 6205J, Washington, DC
                    20460
                    Phone: 202 564-9870
                    Fax: 202 565-2155
                    Email: banks.julius@epa.gov

                    Tom Land, Environmental Protection
                    Agency, Air and Radiation, 6205J,
                    Washington, DC 20460
                    Phone: 202 564-9185
                    Fax: 202 565-2155
                    Email: land.tom@epamail.epa.gov
                    RIN: 2060-AG20


                    3069. 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 (S02) 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.
                                                         Action
                   Date
NPRM             06/00/03
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


3070. 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
                                     NPRM
                                     Final Action
                 02/00/04
                 12/00/05
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: Businesses
                                     Government Levels Affected:
                                     Undetermined
                                     Additional Information: SAN No. 3263

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30986
Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                       Proposed  Rule Stage
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Washington, DC
20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20


3071. 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
NPRM
Final Action
 09/00/03
 04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3262
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Washington, DC
20460
Phone: 734 214-4928
Fax:  734 214-4052
Email: polovick.buddy@epa.gov
RIN:  2060-AE22


3072. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
                     quality standards. The Open Market
                     Trading Guidance provides guidance to
                     states for establishing a method to
                     quantify emissions reductions (called
                     discrete emissions reductions or DERs)
                     that can be traded among parties and
                     how such trading should occur. This
                     action will amend the transportation
                     conformity rule to clarify how
                     emissions trading could be reconciled
                     in the conformity process.
                     Timetable:
                     Action
                   Date
                     NPRM
                 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4283
Fax: 734 214-4052
Email: spickard.angela@epa.gov
RIN: 2060-AH31


3073.  INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight  and policy development
authority  for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970.  The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used  the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans  (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA  is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of  the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on  the States as no new
requirements are being created. The
States are under no obligation, legal  or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for  affected Federal facilities
what they  must do to meet the CAA
requirements by establishing new
regulations per those requirements.

Timetable:
                                                          Action
                   Date
                                                          NPRM
                  08/00/03
                                                          Regulatory Flexibility Analysis
                                                          Required: No

                                                          Small Entities Affected: No

                                                          Government Levels Affected: Federal,
                                                          State

                                                          Additional Information: SAN No. 4348

                                                          Agency Contact: Buddy Polovick,
                                                          Environmental Protection Agency, Air
                                                          and Radiation, 6406, Washington, DC
                                                          20460
                                                          Phone: 734 214-4928
                                                          Fax: 734 214-4052
                                                          Email: polovick.buddy@epa.gov

                                                          Sara Schneeberg, Environmental
                                                          Protection Agency, Air and Radiation
                                                          Phone: 202 564-5592
                                                          Email:
                                                          schneeberg.sara@epamail.epa.gov

                                                          RIN: 2060-AI97

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                  30987
EPA—Clean Air Act (CAA)
                                                  Proposed Rule Stage
3074. RESCINDING FINDING THAT
PRE-EXISTING PM10 STANDARDS
ARE NO LONGER APPLICABLE IN
NORTHERN ADA COUNTY/BOISE,
IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the pre-
existing PM-10 NAAQS. Therefore, in
order to protect public health in the
Boise/Ada County area, EPA is
proposing to reinstate the pre-existing
PM-10 NAAQS. Without this action
there would be no Federal PM-10
NAAQS applicable to this area. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal  Register notice of the
proposed settlement requesting public
comment was published January  30,
2001, in accordance with section 113(g)
of the Act. No negative comments were
received. EPA/DOJ signed the
settlement agreement and the State is
in the process of carrying out its
obligations under the settlement
agreement. The State submitted its
maintenance plan for Boise on
9/27/2002. Under the settlement, EPA
agreed to take final action on the State's
submittal by 9/30/2003.
Timetable:
Action
                   Date
NPRM
NPRM Comment
Period Extended
NPRM
Final Action
06/26/00 65 FR 39321
07/26/00 65 FR 45953
05/00/03
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 4391
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02, RTF,
NC 27711
Phone: 919 541-3223
Fax:  919 541-5489
Email: blais.gary@epa.gov

Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5601
Email: wilcox.geoffrey@epamail.epa.gov
RIN:  2060-AJ05


3075. REVISING REGULATIONS ON
AMBIENT AIR QUALITY MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR  53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by state and local agencies,
although federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts  of
the network in response to changes in
air quality,  advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. The
proposed revisions would remove  real
or perceived constraints on redeploying
air monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The  current
regulations require states to develop
plans to deploy air monitoring
networks, 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 need
to be revised to reflect the roles of EPA
and the state and local agencies.
Timetable:
Action
                   Date
NPRM
Final Action
09/00/03
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4421
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
Agency Contact: Lee Ann Byrd,
Environmental Protection Agency, Air
and Radiation, C339-02, RTF, NC 27711
Phone: 919 541-5367
Fax:  919 541-1903
Email: byrd.lee@epa.gov

Michael Papp, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919 541-2408
Fax:  919 541-1903
Email: papp.michael@epa.gov
RIN:  2060-AJ25


3076. REVISIONS TO REGIONAL HAZE
RULE TO ADDRESS CONCERNS
RAISED BY DC COURT CIRCUIT
REGARDING 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
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, EPA published the
regional haze rule on July 1, 1999 (64
FR 35714). On May 24, 2002, the DC
Circuit Court vacated certain provisions
of the regional haze rule related to best
available retrofit technology (BART).
Because of this court decision, we will

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30988
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified  Agenda
EPA—Clean Air  Act (CAA)
                                                                        Proposed Rule  Stage
need to repropose and publish revised
BART provisions in the regional haze
rule. On July 20, 2001, we proposed
guidelines intended to add further
clarifications to the BART requirements
in the regional haze rule. These
proposed BART guidelines also will
require a reproposal. The purpose of
this rulemaking is to provide the
appropriate changes to the BART
requirements and guidelines, and to
address additional issues related to
reasonable progress goals for the
visibility program.
Timetable:
Action
   Date
NPRM             07/20/01 66 FR 38108
Supplemental NPRM  04/00/04
Final Action         04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4450
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-5489
Email: kauftnan.kathy@epamail.epa.gov

Todd  Hawes, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5591
Fax: 919 541-5489
Email: hawes.todd@epamail.epa.gov
RIN: 2060-AJ31


3077.  CONTROL  OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE LOW-
SULFUR HIGHWAY DIESEL FUEL
TRANSITION PROGRAM FOR ALASKA
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 7414; 42 USC
7545;  42 USC 7601(a); 42 USC 7625-
1
CFR Citation: 40  CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy-duty diesel
rule, which was promulgated on
January 18, 2001. That rule established
more stringent national emission
standards for heavy-duty highway
vehicles and engines for the 2007
model year, and a technology-enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low-sulfur highway diesel fuel, as an
alternative to the national transition
program. Our goal in offering this
flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the  low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits  an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA
intends to  initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to  submit an alternative
transition plan in late 2001 or early
2002. This action will be in response
to that anticipated submittal.

Timetable:
                     Action
                   Date
                     NPRM
                                       11/00/03
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: No

                     Government Levels Affected:
                     Undetermined
                     Additional Information: SAN No. 4570

                     Sectors Affected: 336112 Light Truck
                     and Utility Vehicle Manufacturing

                     Agency Contact: Richard Babst,
                     Environmental Protection Agency, Air
                     and Radiation, EN-340-F, 6406-J,
                     Washington, DC 20460
                     Phone: 202 564-9473
                     Fax: 202 565-2085
                     Email: babst.richard@epa.gov

                     Mike Shields, Environmental Protection
                     Agency, Air and Radiation, 6406-J
                     Phone: 202 564-9038
                     Fax: 202 565-2085
                     Email: shields.mike@epamail.epa.gov

                     RIN: 2060-AJ72
3078. MODIFICATION OF FEDERAL
ON-BOARD DIAGNOSTIC
REGULATIONS FOR 2004 MODEL
YEAR VEHICLES BELOW 14,000
POUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 12 USC 1701q
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule proposes revisions
to the existing Light-Duty On-Board
Diagnostic Requirements, including
revisions that will:  (1) require vehicle
manufacturers to monitor the catalyst
for NOx emission performance in
addition to existing requirements to
monitor NMHC performance,
whichever is more stringent; (2) require
monitoring of the evaporative emissions
systems for the presence of 0.020"leaks
or greater and allow for non-intrusive,
engine-off methods to perform
monitoring instead of the current
requirements to monitor for the
presence of a 0.040" leak or greater
during vehicle operation; (3) allow the
use of the Control Area  Network (CAN)
Protocol (SAE 15765-4)  for OBD
communications in addition to the
other allowable SAE (J1850, J1939) and
ISO (9141,  14230-4); (4) new software
and hardware changes to aid in OBD-
I/M program implementation including
adding vehicle identification number
(VIN) to the generic datastream,
confining the  physical location of the
data link connector, and allowing the
use of the malfunction indicator  lamp
(MIL) and a special key sequence to
indicate readiness;  (5) add new generic
data stream parameters to aid in  the
repair and diagnosis of vehicle
malfunctions;(6) require manufacturers
to record critical pieces of OBD
information under the CAP 2000 In-Use
Verification Program (IUVP); and(7)
establish new OBD in-use performance
demonstration standards used to
determine appropriate frequency of
monitoring in the real world; such in-
use performance standards do not
currently exist which places a greater
burden on our in use program.
Timetable:
                                     Action
                                                         Date
                                      NPRM             06/00/03
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: No
                                      Government Levels Affected: None

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                                     30989
EPA—Clean  Air  Act (CAA)
                                                                     Proposed  Rule Stage
Additional Information: SAN No. 4583
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing
Agency Contact: Arvon Mitcham,
Environmental Protection Agency, Air
and Radiation, 6402, Washington, DC
20460
Phone: 734 214-4522
Fax:  734 214-4053
Email: mitcham.arvon@epa.gov

Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
6402
Phone: 734 214-4288
Fax:  734 214-4053
Email: pugliese.holly@epamail.epa.gov
RIN:  2060-AJ77


3079. MODIFICATION OF AUTHORITY
TO GRANT ALTERNATIVE METHOD
APPROVALS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Currently, stationary source
regulations cite specific test methods to
demonstrate compliance. If a source
locates a test method which will
measure the regulated pollutant(s) with
similar precision and accuracy to the
method cited in the regulation, and
would like to use the alternative
method, the source must petition the
EPA  (along with data documenting the
applicability of the alternative) to allow
the alternative method. Each of these
alternative method approvals by letter
may  currently only be granted to a
specific source. Source category-wide
approvals must be published for
comment in the Federal Register. Due
to budgetary and time constraints, the
process constrains industry trade
associations from developing and
submitting alternative test methods.
Therefore, the purpose of this
rulemaking is to modify the regulations
to allow source category-wide
alternative method approvals to be
issued by letter.
Timetable:
Action
Date
NPRM            10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4547
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov

Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ83


3080.  PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 app B; 40
CFR 60 app F
Legal Deadline: None
Abstract: This action proposes
Performance Specification 17 (PS-17),
Quality Assurance (QA) Procedure 4,
and amendments to appendix F, QA
Procedure 1. Performance Specification
17 and QA Procedure 4 apply to
continuous parameter monitoring
systems (CPMS). Many of the rules
promulgated under 40 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures  that
will ensure that those CPMS provide
quality data on an ongoing basis.  Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1  of appendix F
currently addresses QA procedures for
                                                        continuous emission monitoring
                                                        systems (CEMS) that measure a single
                                                        pollutant. The proposed amendments to
                                                        QA Procedure 1 broadens the
                                                        procedure to address the unique
                                                        requirements of CEMS that are used for
                                                        monitoring multiple pollutants.
                                                        Because several of the regulations
                                                        promulgated under  40 CFR part 63
                                                        require multiple pollutant CEMS, these
                                                        amendments are needed to ensure those
                                                        CEMS are operated  in a manner that
                                                        ensures the quality of the emission data
                                                        collected. This action is not expected
                                                        to have any impacts on small entities
                                                        or State, local, or tribal governments.
                                                        Timetable:
                                                        Action
                   Date
                                                        NPRM
                  05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584
Sectors Affected: 21 Mining; 22
Utilities; 31-33 Manufacturing; 486
Pipeline Transportation; 562212 Solid
Waste Landfill; 562213 Solid Waste
Combustors and Incinerators
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, D205-02
Phone: 919 541-5635
Fax: 919 541-0516
Email: parker.barrett@epa.gov

Frederick J. Thompson, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epa.gov
RIN: 2060-AJ86


3081. ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
CAA 231 to 232; 42 USC 7571-7572;
5 USC 552(a)
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.31(b); 40 CFR
87.82; 40 CFR 87.89
Legal Deadline: None
Abstract: The purpose of this proposed
rulemaking is to amend the existing

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EPA—Clean Air Act (CAA)
                                                                       Proposed Rule  Stage
United States regulations governing the
exhaust emissions from new
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nation's International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
   Date
NPRM            06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4631
Sectors Affected: 336412 Aircraft
Engine and Engine Parts
Manufacturing; 336413 Other Aircraft
Part and Auxiliary Equipment
Manufacturing; 33641 Aerospace
Product and Parts Manufacturing; 3336
Engine, Turbine, and Power
Transmission Equipment
Manufacturing
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
RIN: 2060-AK01


3082. MODIFICATION OF ANTI-
DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA, AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42  USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam,
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline  and
Complex Model for purposes of
compliance with the RFC program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska. We are
proposing this action to  address certain
inconsistencies in the RFG program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers. In
addition, this action proposes to modify
the anti-dumping provisions to address
compliance in certain situations where
a refinery becomes non-operational
during the annual averaging period.
This action is intended to address
compliance issues where a refinery
does not produce sufficient "summer"
gasoline to offset the higher emissions
of "winter" gasoline due to the refinery
becoming non-operational during the
annual averaging period. Today's
proposed actions would not
compromise the environmental goals of
the RFG program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
state/local/tribal governments.
Timetable:	
Action              Date
NPRM            06/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4632
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202  564-8989
Fax: 202 565-2085
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02


3083. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels  (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment.  Fuels regulations require
measurement of various of the  fuels'
properties, and prescribe "designated"
analytical methods for that  purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that  may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level  of statistical
quality control for all fuels  test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. The qualification
criteria are designed to admit only
methods that are as precise as the

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                                                                                                      30991
EPA—Clean Air Act  (CAA)
                                                                                      Proposed Rule Stage
designated methods and can be made
to accurately predict designated method
measurements. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
                   Date
NPRM            07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None

Additional Information: SAN No. 4633

Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 42271 Petroleum Bulk
Stations and Terminals; 48691 Pipeline
Transportation of Refined; 334516
Analytical Laboratory Instrument
Manufacturing

Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9305
Fax: 202 233-9557
Email: holley.john@epa.gov

Joseph Sopata, Environmental
Protection Agency, Air and Radiation,
6406J
Phone: 202 564-9034
Fax: 202 565-2085
Email: sopata.joe@epa.gov

RIN: 2060-AK03
Environmental Protection  Agency (EPA)
Clean Air Act (CAA)
                                                                                           Final Rule Stage
3084. 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
                 09/08/99  64 FR 48725
                 01/26/00  65 FR 4244
                 06/00/03
NPRM
Notice
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4315
Agency Contact: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246

Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1
Phone: 520 498-0118
Fax:  520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO


3085. 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
                                     NPRM
                                     Final Action
                 09/08/99 64 FR 48731
                 06/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: None
                                     Federalism: Undetermined
                                     Additional Information: SAN No. 3569
                                     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, AIR1
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01


3086.  • AMENDMENT TO SUBPARTS
H AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAAA
112(g) and 112(q)
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS-PC or any other procedures for
which EPA has granted prior approval.
Since promulgation of subparts H and
I, EPA has developed an additional
model, GENII-NESHAPS, which is
suitable for regulated entities to use to
determine compliance, in addition to
the currently-approved models
mentioned above. The model was
developed to incorporate the  internal
dosimetry  models recommended by the
International Commission on
Radiological Protection (ICRP) and the

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30992
Federal  Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified  Agenda
EPA—Clean Air  Act (CAA)
                                                                             Final Rule  Stage
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPs has
undergone Science  Advisory Board
(SAB) review. In  this direct final rule,
EPA is updating subparts H and I to
include GENII-NESHAPS as an
approved compliance model.
Timetable:
Action
   Date
Direct Final Rule      10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4768
Agency Contact: Sanjib Chaki,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9215
Fax: 202 565-2065
Email: chaki.sanjib@epamail.epa.gov

Eleanor Thornton, Environmental
Protection Agency, Air and Radiation,
6608J
Phone: 703 305-6799
Fax: 202 565-2065
Email:
thornton.eleanor@epamail.epa.gov
RIN: 2060-AK81


3087.  OVERVIEW OF RULEMAKINGS
FOR THE PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7410
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 two-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 precursor and
ozone transport. This multiyear
collaboration resulted in the most
comprehensive analysis of ozone
transport ever conducted. The OTAG
States voted in favor of a range of
strategies to reduce nitrogen oxide
emissions from utilities and other major
sources. Building on the
recommendations of OTAG, EPA issued
a rule known as the NOx SIP Call
(10/27/98, 63 FR 57355) requiring 22
States and the District of Columbia to
submit revisions to their SIPs to
address the regional transport of
nitrogen oxides (a precursor to ozone
formation known as NOx). By reducing
emissions of NOx, the actions directed
by these plans will decrease the
formation and transport of ozone across
State boundaries in the eastern half of
the United States. This rule was
challenged in court, and on March  3,
2000, the U.S. Court of Appeals for the
District of Columbia issued a decision
largely upholding the NOx SIP Call, but
remanded four narrow issues to EPA
for further rulemaking action. In an
August 30, 2000 Court Order, emission
reduction measures are required to be
in place by  May 31, 2004. On June  8,
2001, the Court made a related decision
concerning  the NOx SIP Call Technical
Amendment rulemakings which largely
upheld Phase I of the NOx SIP Call,
but remanded one issue to EPA. EPA
is now addressing the remanded issues
in separate rulemakings (see SAN 4433
and SAN 4679 in today's Regulatory
Agenda). A notice of data availability
was published on 8/3/01 which made
new data publicly available for notice-
and-comment. A second notice of data
availability  was published in on March
11, 2002, listing additional  items which
were made  publicly available. Final
action was published on 5/1/02 (67 FR
21868). 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. 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
NPRM NOx FIPs
(SAN 4096)
Final Action NOx SIP
Call
Final Action Section
126 Findings
Final Action Section
126 Approvals and
Remedy
NODA-NOxSIP
Call/Section 126
Rule
NPRM-Phase II NOx
SIP Call Proposal
(SAN 4433)
NODA-NOxSIP
Call/Section 126
Rule
Final Action-Data
Harmonization/
Section 126/NOx
SIP Call
10/21/98 63 FR 56393

10/27/98 63 FR 57355

05/25/99 64 FR 28250

01/18/00 65 FR 2674


08/03/01 66 FR 40609


02/22/02 67 FR 8395


03/1 1?02 67 FR 10844


04/30/02 67 FR 21 522



                                                           Final Action-Response 05/01/02 67 FR 21868
                                                            to Remands
                                                            Concerning Growth
                                                            Factors
                                                           Final Action-Final    05/00/03
                                                            Phase II NOx SIP
                                                            Call (SAN 4433)

                                                           Regulatory Flexibility Analysis
                                                           Required: No

                                                           Small Entities Affected: No

                                                           Government Levels Affected: State

                                                           Additional Information: SAN No. 4466

                                                           Agency Contact: Jan King,
                                                           Environmental Protection Agency, Air
                                                           and Radiation, C539-02, Research
                                                           Triangle Park, NC 27711
                                                           Phone: 919 541-5665
                                                           Fax: 919 541-0824
                                                           Email: king.jan@epamail.epa.gov

                                                           Carla Oldham, Environmental
                                                           Protection Agency, Air and Radiation,
                                                           C539-02, RTF, NC 27711
                                                           Phone: 919 541-3347
                                                           Fax: 919 541-0824

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified  Agenda
                                                                                     30993
EPA—Clean Air Act (CAA)
                                                                          Final Rule Stage
Email: oldham.carla@epa.gov
RIN: 2060-AJ20

3088. MOTOR VEHICLE AND ENGINE
COMPLIANCE PROGRAM FEES FOR:
LIGHT-DUTY VEHICLES AND
TRUCKS; HEAVY-DUTY VEHICLES
AND ENGINES; NONROAD ENGINES;
AND MOTORCYCLES
Priority: Other Significant
Legal Authority: 42 USC 7552; 31 USC
9701; 42 USC 4370(c)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: Under the Motor Vehicle and
Engine Compliance (MVECP) Fee
Program user fees are collected for
certification and compliance activities.
Currently, user fees are required by
manufacturers of light-duty vehicles,
light-duty trucks, heavy-duty vehicles,
heavy-duty engines, and motorcycles.
Through this Notice, EPA is finalizing
the notice to update the current fee
provisions for the existing industries
and incorporate fees for nonroad
manufacturers. In addition,  the fee
schedule will be updated to reflect
costs in administering compliance
activities for new regulations such as
the "Tier 2  automobile standards and
nonroad engine  standards."
Timetable:
Action
 Date
NPRM
Final Action
08/07/02 67 FR 51402
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4532
Sectors Affected: 333 Machinery
Manufacturing; 3331 Agriculture,
Construction, and Mining Machinery
Manufacturing; 333111 Farm
Machinery and Equipment
Manufacturing; 333112 Lawn and
Garden Tractor and Home Lawn and
Garden Equipment Manufacturing;
33312 Construction Machinery
Manufacturing; 333131 Mining
Machinery and Equipment
Manufacturing; 3336 Engine, Turbine,
and Power Transmission Equipment
Manufacturing; 33651 Railroad Rolling
Stock Manufacturing; 3361 Motor
Vehicle Manufacturing; 33611
Automobile and Light Duty Motor
Vehicle Manufacturing; 336112 Light
Truck and Utility Vehicle
Manufacturing; 33612 Heavy Duty
Truck Manufacturing; 336311
Carburetor, Piston, Piston Ring and
Valve Manufacturing; 336412 Aircraft
Engine and Engine Parts
Manufacturing; 33661 Ship and Boat
Building; 336991 Motorcycle, Bicycle
and Parts Manufacturing; 333
Machinery Manufacturing; 33392
Material Handling Equipment
Manufacturing; 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 33399 All
Other General Purpose Machinery
Manufacturing; 333991 Power-Driven
Hand Tool Manufacturing

Agency Contact: Trina D. Vallion,
Environmental Protection Agency, Air
and Radiation, OTAQ/CCD,
Washington, DC 20460
Phone: 734 214-4449
Fax:  734 214-4053
Email: vallion.trina@epa.gov

Daniel Harrison, Environmental
Protection Agency, Air and Radiation,
OTAQ/CCd
Phone: 734 214-4281
Fax:  734 214-4053
Email: harrison.dan@epa.gov

RIN:  2060-AJ62


3089. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12291; EO 12866
CFR Citation: 40 CFR 63

Legal Deadline: Final, Judicial,
February 28, 2003.
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) has been developed for the
hydrochloric acid production industry
(including fume silica production
facilities).
                                                         Timetable:
                                                         Action
                   Date
                                                                          09/18/01 66 FR 48174
                                                                          05/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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: William H. Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov

Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH75
3090. REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40  CFR PART 51): ADOPTION
OF A PREFERRED LONG RANGE
TRANSPORT MODEL AND OTHER
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
110(a)(2); CAAA 165(e); CAAA 172(a);
CAAA 172(c); 42  USC 7601 CAAA
301(a)(l); CAAA 320
CFR Citation: 40  CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action would revise the
Guideline on Air  Quality Models,
published as appendix W to 40 CFR
part 51. The Guideline provides EPA-
recommended models for use in
predicting ambient concentrations of
pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. The Guideline fulfills a Clean
Air Act mandate for EPA to specify

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30994
Federal  Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                             Final  Rule Stage
models for air management purposes.
This revision would enhance the
Guideline by incorporating a new
dispersion model called CALPUFF, a
technique for assessing long-range
transport of pollutants and their
impacts on designated Federal clean-air
regions called Class I Areas. It would
also make various editorial changes to
update and reorganize information to
make the Guideline more user-friendly.
(It should be noted that this final rule
promulgates  only a part of the proposal
which was published  on April 21,
2000, 65 FR 21505. The  other principal
revision in that April 2000 proposal —
the addition  of a new, general-purpose
dispersion model — is being
reproposed to reflect changes made in
response to public comment ; see SAN
3470.1 elsewhere in today's Regulatory
Agenda.)
Timetable:
Action
   Date
NPRM
Final Action
 04/21/00 65 FR 21505
 05/00/03
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, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-0832
Email: coulter.tom@epa.gov

Joseph A. Tikvart, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-5562
Email: tikvart.joe@epa.gov
RIN: 2060-AF01


3091. NESHAP: COMBUSTION
TURBINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 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
NPRM
Final Action
01/14/03 68 FR 1888
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3657
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG67


3092.  NESHAP: IRON 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
                                     NPRM
                                     Final Action
                                      12/23/02 67 FR 78274
                                      08/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: SAN No. 3343

Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov

RIN:  2060-AE43
                                                           3093. NESHAP: INTEGRATED IRON
                                                           AND STEEL

                                                           Priority: Other Significant

                                                           Legal Authority: 42 USC 7412; CAAA
                                                           112

                                                           CFR Citation: 40 CFR 63

                                                           Legal Deadline: Final, Judicial,
                                                           February 28,  2003.

                                                           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.

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                                      30995
EPA—Clean Air Act (CAA)
                                                                           Final  Rule Stage
Timetable:
                    Timetable:
Action
 Date
NPRM
Final Action
07/13/01  66 FR 36836
05/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 3346

Agency Contact: Philip B. Mulrine,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov

Steve  Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov

RIN: 2060-AE48


3094.  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.
Final,  Statutory, February 28, 2003,
Settlement Agreement for
Administrator's Signature.
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.
Action
                   Date
NPRM
Final Action
08/02/01  66 FR 40324
05/00/03
                    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, C504-05, Research
                    Triangle Park, NC 27711
                    Phone: 919 541-5605
                    Fax: 919 541-5600
                    Email: barnett.keith@epa.gov

                    Penny E. Lassiter, Environmental
                    Protection Agency, Air and Radiation,
                    C435-D, Research Triangle Park,  NC
                    27711
                    Phone: 919 541-5396
                    Fax: 919 541-6470
                    Email: lassiter.penny@epa.gov
                    RIN: 2060-AE79


                    3095. NESHAP: MISCELLANEOUS
                    ORGANIC CHEMICAL
                    MANUFACTURING
                    Priority: Other Significant
                    Legal Authority: 42 USC 7412; CAAA
                    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 previously
                    promulgated MACT standards
                    including the Hazardous Organic
                    NESHAP (HON). 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
                                     04/04/02 67 FR 16154
                                     08/00/03
NPRM
Final Action
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, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov

RIN: 2060-AE82


3096. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
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
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
                                                         NPRM
                                                         Final Action
                                     12/19/02  67 FR 77830
                                     02/00/04
                                                         Regulatory Flexibility Analysis
                                                         Required: No
                                                         Small Entities Affected: Businesses,
                                                         Governmental Jurisdictions

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30996
Federal Register/Vol.  68,  No. 101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                           Final Rule Stage
Government Levels Affected: State,
Local
Additional Information: SAN No. 3656
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax:  919 541-5450
Email: wayland.robertj@epa.gov
RIN:  2060-AG63


3097. 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
NPRM            01/13/03 68 FR 1660
Final Action         02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
                     Additional Information: SAN No. 3837
                     Agency Contact: James A. Eddinger,
                     Environmental Protection Agency, Air
                     and Radiation, C439-01, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5426
                     Fax: 919 541-5450
                     Email: eddinger.jim@epa.gov

                     William H. Maxwell, Environmental
                     Protection Agency, Air and Radiation,
                     C439-01, Research Triangle Park, NC
                     27711
                     Phone: 919 541-5430
                     Fax: 919 541-5450
                     Email: maxwell.bill@epa.gov
                     RIN: 2060-AG69
                     3098. NESHAP: SEMICONDUCTOR
                     PRODUCTION
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7412
                     CFR Citation: 40 CFR 63
                     Legal Deadline: Final, Statutory,
                     November 15, 2000.
                     Final, Judicial, February 28, 2003.
                     Abstract: This rule will establish a
                     MACT (maximum available control
                     technology) for semiconductor
                     production facilities. There is currently
                     1 major source 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
                     NPRM
                     Final Action
                 05/08/02 67 FR 30848
                 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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: 919 541-5600
Email: schaefer.john@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
                                     Phone: 919 541-5396
                                     Fax: 919 541-6470
                                     Email: lassiter.penny@epa.gov

                                     RIN: 2060-AG93


                                     3099. • NATIONAL EMISSION
                                     STANDARDS FOR HAZARDOUS AIR
                                     POLLUTANTS: MISCELLANEOUS
                                     COATING MANUFACTURING
                                     Priority: Other Significant

                                     Legal Authority: 42 USC 7412; CAAA
                                     112

                                     CFR Citation: 40 CFR 63

                                     Legal  Deadline: NPRM, Statutory,
                                     November 15, 2000.
                                     Abstract: The Miscellaneous Coating
                                     Manufacturing NESHAP rulemaking
                                     will control air-toxic emissions from
                                     processes used in the manufacturing of
                                     coatings, such as paint, ink, and
                                     adhesives, which contain over 5
                                     percent hazardous air pollutants (HAP)
                                     by weight. Controls will be based on
                                     Maximum Available  Control
                                     Technology (MACT)  provisions of the
                                     Clean Air Act, and will cover process
                                     vessels, storage tanks, equipment leaks,
                                     wastewater, and transfer/loading
                                     operations.
                                     Timetable:
                                     Action
                   Date
                                     NPRM
                                     Final Action
                 04/04/02 67 FR 16154
                 08/00/03
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, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AK59

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                Federal  Register/Vol. 68, No. 101/Tuesday,  May 27,  2003/Unified Agenda
                                                                                     30997
EPA—Clean Air Act (CAA)
                                                                          Final  Rule Stage
3100. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS — ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and  203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:	
Action              Date
NPRM
Final Action
11/22/93 58 FR 61639
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Solomon O. 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

Frederick J. Thompson, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epa.gov
RIN: 2060-AF83


3101. 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
                   NPRM
                   Final Action
                 12/08/97 62 FR 64532
                 06/00/03
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

Frederick J. Thompson, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epa.gov
RIN: 2060-AG88


3102. INTERSTATE OZONE
TRANSPORT: RESPONSE TO COURT
DECISIONS ON  THE NOX SIP CALL,
NOX SIP CALL TECHNICAL
AMENDMENTS, AND SECTION 126
RULES
Priority: Other Significant
Legal Authority: 42 USC 7410(a)(2)(D);
42 USC 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 and Missouri, and the
exclusion of Wisconsin. In this
rulemaking, EPA will consider the
partial State  issue for Alabama and
Michigan and propose SIP submittal
dates and compliance dates as well.
The D.C. Circuit Court also remanded,
or remanded and vacated, the
cogeneration unit issue in decisions on
the NOx SIP Call Technical
Amendments, and section 126 rule on
June 8, 2001, and May 15, 2001,
respectively. These remands will  also
be addressed in this rulemaking.
Timetable:
                                                        Action
                   Date
                                                        NPRM
                                                        Final Action
                 02/22/02 67 FR 8395
                 05/00/03
                                                        Regulatory Flexibility Analysis
                                                        Required: No
                                                        Small Entities Affected: No
                                                        Government Levels Affected: State,
                                                        Local
                                                        Additional Information: SAN No. 4433
                                                        Agency Contact: Jan King,
                                                        Environmental Protection Agency, Air
                                                        and Radiation, C539-02, Research
                                                        Triangle Park, NC 27711
                                                        Phone: 919 541-5665
                                                        Fax: 919 541-0824
                                                        Email: king.jan@epamail.epa.gov

                                                        Carla Oldham, Environmental
                                                        Protection Agency, Air and Radiation,
                                                        C539-02, RTF, NC 27711

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30998
                Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                                            Final  Rule Stage
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov

RIN: 2060-AJ16


3103.  NSPS: SOCMI — WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60

Priority: Other Significant

Legal  Authority: 42 USC 7411

CFR Citation: 40 CFR 60

Legal  Deadline: None

Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.

Timetable:
Action
                   Date
                 09/12/94 59 FR 46780
                 10/11/95 60 FR 52889
NPRM
First Supplemental
  NPRM
Second Supplemental 12/09/98 63 FR 67988
  NPRM-Appendix J
  to Part 60
Final Action        11/00/03

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: SAN No. 3380

Sectors Affected: 3251 Basic Chemical
Manufacturing

Agency Contact: Mary Tom Kissell,
Environmental Protection Agency, Air
and Radiation, C435-D, 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov

RIN: 2060-AE94
3104. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C);  40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Legal Deadline: None
Abstract: This action will amend the
existing regulation entitled Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR part
60, promulgated on March 12, 1996.
The amendment is being undertaken in
response to requests to clarify our
intent regarding what constitutes an
adequate landfill gas treatment system.
This action also clarifies our intent to
exempt from control landfill  gas that
is treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas  that  is sold.
This action is necessary  to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
                                     Action
                   Date
                                     NPRM-NSPS:       05/23/02 67 FR 36476
                                       Municipal Solid
                                       Waste Landfills
                                     Final Action         08/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: None
                                     Additional Information: SAN No. 4478
                                     Sectors Affected: 562212 Solid Waste
                                     Landfill
                                     Agency Contact: JoLynn Collins,
                                     Environmental Protection Agency, Air
                                     and Radiation, C439-03, Research
                                     Triangle Park, NC 27711
                                     Phone: 919 541-5671
                                     Fax: 919 541-0246
                                     Email: collins.jolynn@epa.gov

                                     Kent C. Hustvedt, Environmental
                                     Protection Agency, Air and Radiation,
                                     C439-03, Research Triangle Park, NC
                                     27711
                                     Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov

RIN: 2060-AJ41


3105. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: VOLATILE
ORGANIC LIQUID STORAGE
VESSELS; AMENDMENTS

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

Legal Deadline: None

Abstract: This direct final action
revises existing standards for Volatile
Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage
Vessels) by amending the storage vessel
volume applicability criteria and
adding a vapor pressure applicability
criterion. This  is a narrow technical
amendment responding to new
information that came in after the
original rule was promulgated.

Timetable:
                                                                          Action
                                                                                             Date
                                                                          NPRM
                                                                          Final Action
                 02/24/03 68 FR 8574
                 12/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4508

Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum  and Coal
Products Manufacturing; 42271
Petroleum Bulk Stations and Terminals

Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919  541-3470
Email: morris.mark@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919  541-6470
Email: lassiter.penny@epa.gov

RIN: 2060-AJ53

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                                      30999
EPA—Clean Air Act (CAA)
                                                                           Final Rule  Stage
3106. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60.270 to 60.276a
Legal Deadline: None
Abstract: Sources affected by the NSPS
for electric arc furnaces (subparts AA,
and AAa) have expressed concerns
with the requirements in the NSPS to
use a continuous opacity monitor
(COM) to monitor opacity and report
periods when the COM indicated
greater than 3 percent opacity as
periods of excess emissions, and have
petitioned the EPA to reconsider the
COM requirements. These concerns
arise from recent information that
indicate that COM readings may have
an error of up to 4 percent, which in
itself is greater than the 3 percent
excess emissions threshold. The EPA is
reconsidering the COM requirements,
and may amend the NSPS to add
alternative monitoring requirements.
Timetable:
Action
                   Date
NPRM
Final Action
10/16/02  67 FR 64014
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4555
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ68


3107. PROPOSED AMENDMENTS TO
PERFORMANCE STANDARDS AND
MONITORING REQUIREMENTS FOR
PARTICULATE MATTER AT
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 app B; 40
CFR 60 app F
Legal Deadline: None
Abstract: This action would repropose
some monitoring specifications that
were originally included in an OSWER
proposal to regulate air emissions from
hazardous waste combustors (as
explained further below). It revises
several standards and requirements
related to continuous emission
monitoring systems for particulate
matter (PM). These include:
specifications and test procedures
known as Performance Specification 11
(PS-11), and  quality assurance
requirements known as "Procedure 2,"
The proposed revisions clarify and
update performance standards and
monitoring requirements for facilities
required to install and use continuous
monitoring equipment to measure
particulate matter emissions from
stacks and ducts. The action does not
change any emission standards or add
any additional recordkeeping
requirements. This action is a
supplement to actions by EPA's
OSWER that included proposed
regulations for hazardous waste
combustors. The first action was
published in the Federal Register on
December 30, 1997 (62 FR 67788).
Recent OAR  field studies have revealed
needed revisions to PS-11 and
Procedure 2. In view of the significant
amount of time that has passed since
the last proposal was published
(December 30, 1997)  and the significant
amount of knowledge we have recently
gained from out field studies, we
believe that a supplemental proposal
and another opportunity for the public
to comment on PS-11 and Procedure
2 are appropriate.
Timetable:
                    Action
                   Date
                    NPRM            12/12/01  66 FR 64176
                    Final Action         05/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: None
                    Additional Information: SAN No. 4605
                    Sectors Affected: 221112 Fossil Fuel
                    Electric Power Generation
                    Agency Contact: Dan Bivins,
                    Environmental Protection Agency, Air
                    and Radiation, D205-02, Washington,
                    DC 20460
Phone: 919 541-5244
Fax: 919 541-0516
Email: bivins.dan@epa.gov

Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ88


3108. REVISION OF COMBUSTION
TURBINES NSPS — PART 60,
SUBPART GG
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The NSPS for Combustion
Turbines has not been revised since
1980. Revisions are needed to reduce
the burden on EPA and State/local
agencies, of approving, on a case by
case basis, alternate testing and
monitoring protocols  due to advances
in emission control technologies. The
revisions are also intended to bring
consistency between the monitoring
and testing requirements in the
Combustion Turbines NSPS (part 60)
and the  Acid Rain Program (part 75)
so that the same data can be used to
comply  with both regulations.
Timetable:
                                                         Action
                   Date
                                                         Direct Final Rule
                  05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4681
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 211111 Crude Petroleum
and Natural Gas Extraction; 211112
Natural Gas Liquid Extraction; 221
Utilities
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov

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31000
Federal  Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
EPA—Clean  Air Act (CAA)
                                                                            Final  Rule Stage
Sims Roy, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
RIN: 2060-AK35


3109. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
15, 2002.
Abstract: Section 112(c)(6) of the Clean
Air Act requires us to list categories
of sources for seven specific pollutants
(including mercury) assuring that
sources accounting for not less than 90
percent of the aggregate emissions of
each pollutant are subject to standards
pursuant to section 112(d)(2). Chlor-
alkali plants are among the source
categories listed to achieve the 90
percent goal for mercury. Currently, the
source category includes 11 plants
located in 10 states engaged  in the
production of chlorine and caustic
using mercury cells. Together, these
plants account for 45 percent of the
nationwide mercury inventory for non-
combustion sources.
Timetable:	
Action              Date
NPRM
Final Action
 07/03/02 67 FR 44672
 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3449
Agency Contact: Iliam D. Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5450
Email: rosario.iliam@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AE85
3110. 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 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAP) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. This rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board
(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
                     NPRM
                     Final Action
                 01/09/03 68 FR 1276
                 02/00/04
                     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, C435-D, 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,
                                                          C439-03, Research Triangle Park, NC
                                                          27711
                                                          Phone: 919 541-5395
                                                          Fax: 919 541-0246
                                                          Email: hustvedt.ken@epa.gov
                                                          RIN: 2060-AG52


                                                          3111. NESHAP: METAL FURNITURE
                                                          (SURFACE COATING)
                                                          Priority: Substantive, Nonsignificant
                                                          Legal Authority: 42 USC 7401 et seq
                                                          CFR Citation: 40 CFR 63
                                                          Legal Deadline:  Final, Judicial,
                                                          February 28, 2003,  Settlement
                                                          Agreement for the Administrator's
                                                          signature.
                                                          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
NPRM
Final Action
04/24/02 67 FR 20206
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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, C435-D, Research
Triangle Park, NC 27711

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                Federal Register/Vol. 68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                                      31001
EPA—Clean Air  Act (CAA)
                                                                           Final Rule Stage
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG55


3112. NESHAP: MISCELLANEOUS
METAL  PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAPs) from operations that apply
surface coatings to metal parts and
products. Although this rule would
cover a wide variety  of coating
operations,  it would  not apply to
specific  coating operations for which
regulations  have been developed (e.g.,
plastic parts coating, can coating, large
appliance coating, etc.). This regulation
is required under section 112 of the
Clean Air Act of 1990.
Timetable:
Action
 Date
NPRM
Final Action
08/13/02  67 FR 52780
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3825
Sectors Affected: 331111 Iron and
Steel Mills; 33121 Iron and Steel Pipes
and Tubes Manufacturing from
Purchased Steel; 331221 Cold-Rolled
Steel Shape Manufacturing; 331316
Aluminum Extruded Product
Manufacturing; 331319 Other
Aluminum Rolling and Drawing;
331511 Iron Foundries; 332311
Prefabricated Metal Building and
Component Manufacturing; 33612
Heavy Duty Truck Manufacturing;
335312 Motor and Generator
Manufacturing; 33312 Construction
                    Machinery Manufacturing; 332312
                    Fabricated Structural Metal
                    Manufacturing; 326291 Rubber Product
                    Manufacturing for Mechanical Use;
                    336212 Truck Trailer Manufacturing
                    Agency Contact: Kim Teal,
                    Environmental Protection Agency, Air
                    and Radiation, C435-D, 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,
                    C435-D, Research Triangle Park, NC
                    27711
                    Phone: 919 541-5342
                    Fax: 919 541-5689
                    Email: byrne.dianne@epa.gov
                    RIN: 2060-AG56
3113. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority: Other Significant
Legal Authority: 42 USC 7412
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
                    NPRM            12/04/02 67 FR 72276
                    Final Action         08/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: Businesses
                    Government Levels Affected: Federal
                    Additional Information: SAN No. 3826
                    Sectors Affected: 337214 Nonwood
                    Office Furniture Manufacturing;  32614
                    Polystyrene Foam Product
                    Manufacturing; 32615 Urethane and
                    Other Foam Product (except
                    Polystyrene) Manufacturing; 326199 All
                    Other Plastics Product Manufacturing;
                    333313 Office Machinery
                    Manufacturing; 33422 Radio and
                    Television Broadcasting and Wireless
                    Communications Equipment
                    Manufacturing; 336399 All Other Motor
                    Vehicle Parts Manufacturing; 336999
                    All Other Transportation Equipment
Manufacturing; 339111 Laboratory
Apparatus and Furniture
Manufacturing; 339112 Surgical and
Medical Instrument Manufacturing;
33992 Sporting and Athletic Goods
Manufacturing; 33995  Sign
Manufacturing; 339999 All Other
Miscellaneous Manufacturing
Agency Contact: Kim  Teal,
Environmental Protection Agency, Air
and Radiation, C435-D, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG57


3114. NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final,  Judicial,
February 28, 2003.
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.

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31002
Federal  Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                            Final  Rule Stage
Timetable:
Action
   Date
NPRM
Final Action
 11/21/01 66 FR 58610
 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3655
Sectors Affected: 324122 Asphalt
Shingle and Coating Materials
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG66
3115. NESHAP: REFRACTORY
PRODUCTS MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412; CAA
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Final, Judicial, February 28, 2003.
Abstract: The proposed rulemaking
will apply to existing and new
refractory products manufacturing
facilities. There are approximately 8
existing refractory products
manufacturing facilities in the United
States located at major source facilities.
It is estimated that no new refractory
products manufacturing facilities will
be built at least for the next 3 years.
The HAP that will be reduced by this
proposed rule are polycyclic organic
matter (POM), phenol, formaldehyde,
methanol, and  ethylene glycol.
Implementation of the proposed rule
would reduce emissions of air toxics
by approximately 132 tons per year, a
reduction of 46 percent from current
levels. No significant adverse economic
impact is expected to occur as a result
of implementing this proposed
rulemaking. The capital cost associated
with the proposed rulemaking is
approximately $3.5 million. The total
annual cost of the proposed rulemaking
is approximately $1.7 million.

Timetable:
                                                          Timetable:
                     Action
                   Date
                     NPRM
                     Final Action
                 06/20/02 67 FR 42108
                 05/00/03
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: No

                     Government Levels Affected: None

                     Additional Information: SAN No. 3652

                     Agency Contact: Susan Fairchild,
                     Environmental Protection Agency, Air
                     and Radiation, C504-05, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5167
                     Fax: 919 541-5600
                     Email: fairchild.susan@epa.gov

                     James U. Crowder, Environmental
                     Protection Agency, Air and Radiation,
                     C504-05, Research Triangle Pa, NC
                     27711
                     Phone: 919 541-5596
                     Fax: 919 541-5600
                     Email: crowder.jim@epa.gov

                     RIN: 2060-AG68


                     3116. 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.
Action
Date
NPRM             12/20/02 67 FR 78046
Final Action         08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3651
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG72


3117. NESHAP: SURFACE COATING
OF METAL CANS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
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.
Timetable:
                                     Action
                   Date
                                     NPRM
                                     Final Action
                  01/15/03 68 FR 2110
                  08/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: Businesses
                                     Government Levels Affected: None
                                     Additional Information: SAN No. 3906
                                     Sectors Affected: 332431 Metal Can
                                     Manufacturing; 332812 Metal Coating,
                                     Engraving (except Jewelry and
                                     Silverware), and Allied Services to
                                     Manufacturers; 332115 Crown and
                                     Closure Manufacturing
                                     Agency Contact: Paul A. Almodovar,
                                     Environmental Protection Agency, Air

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                Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      31003
EPA—Clean Air Act (CAA)
                                                                           Final  Rule Stage
and Radiation, C539-03, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG96

3118.  NESHAP: PRINTING, COATING,
AND DYEING OF FABRICS AND
OTHER TEXTILES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric and other
textiles printing, coating, and dyeing.
Timetable:
Action
 Date
NPRM
Final Action
07/11/02  67 FR 46028
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
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: Paul A. Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax:  919 541-5689
Email: almodovar.paul@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax:  919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
                    3119. NESHAP: SURFACE COATING
                    OF AUTOMOBILES AND LIGHT-DUTY
                    TRUCKS

                    Priority: Economically Significant.
                    Major under 5 USC 801.

                    Legal Authority: 42 USC 7412

                    CFR Citation: 40 CFR 63

                    Legal Deadline: None

                    Abstract:  The Clean Air Act, as
                    amended  in 1990, requires EPA to
                    develop emission standards for sources
                    of hazardous air pollutants (HAPs). The
                    surface coating of new automobiles and
                    light-duty trucks is among the 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 this source
                    category in 1980. The standards for the
                    NESHAP are to be technology-based
                    and are to require the maximum
                    achievable control technology as
                    described in section 112 of the CAA.

                    Timetable:
                    Action
                                      Date
NPRM
Final Action
12/24/02 67 FR 78612
02/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: State,
Local

Additional Information: SAN No. 3907

Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing; 336112 Light Truck and
Utility Vehicle  Manufacturing; 336211
Motor Vehicle Body Manufacturing

Agency Contact: Dave Salman,
Environmental  Protection Agency, Air
and Radiation,  C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov

RIN:  2060-AG99
                                     3120. NESHAP: WOOD BUILDING
                                     PRODUCTS (SURFACE COATING)
                                     Priority: Substantive, Nonsignificant
                                     Legal Authority: 42 USC  7412
                                     CFR Citation: 40 CFR 63
                                     Legal Deadline: Final, Statutory,
                                     November 15, 2000.
                                     Final, Judicial, February 28, 2003.
                                     Abstract: This action will result in the
                                     reduction of hazardous air pollutants
                                     (HAP) emitted by the wood building
                                     product surface coating industry.
                                     Timetable:
                                     Action
                                       Date
                                                      06/21/02 67 FR 42400
                                                      05/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3904
Sectors Affected: 321212 Softwood
Veneer and Plywood Manufacturing;
321219 Reconstituted Wood Product
Manufacturing; 321911 Wood Window
and Door Manufacturing; 321918 Other
Millwork (including Flooring ); 321999
All Other Miscellaneous Wood Product
Manufacturing; 321211 Hardwood
Veneer and Plywood Manufacturing;
32199 All Other Wood Product
Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: bjrrne.dianne@epa.gov
RIN: 2060-AH02
                                                         3121. NESHAP: PRIMARY
                                                         MAGNESIUM REFINING
                                                         Priority: Substantive, Nonsignificant
                                                         Legal Authority: 42 USC 7412
                                                         CFR Citation: 40 CFR 63
                                                         Legal Deadline: Final, Statutory,
                                                         November 15, 2000.

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31004
Federal Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                             Final Rule  Stage
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:
                     Timetable:
Action
                   Date
NPRM
Final Action
 01/22/03 68 FR 2970
 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3924
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5450
Email: melton.lula@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH03


3122. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This rule regulates HAP
emissions from clean up of
contaminated media and waste material
at industrial sites. Superfund, RCRA
corrective action, gasoline stations,
farms and residential sties are exempt
from rule requirements.
                     Action
                   Date
                     NPRM
                     Final Action
                  07/30/02 67 FR 49398
                  08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:  State,
Local
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C435-D, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AH12


3123. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
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.
Timetable:
                     Action
                                        Date
                     NPRM             04/02/02 67 FR 15674
                     Final Action         08/00/03
                     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, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41


3124. 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.
Final, Judicial, February 28, 2003,
Settlement Agreement for
Administrator's Signature.
Abstract: There are currently 20 active
domestic coke plants, 15 of which are
furnace coke plants and 5 of which are
foundry coke plants. Coke oven
batteries used to produce metallurgical
coke at these plants emit hazardous air
pollutants (HAPs) such as coke oven
emissions and polycyclic organic
matter listed in section 112 of the Clean
Air Act (CAA). This action will
establish a National Emission Standard
for Hazardous Air Pollutants (NESHAP)
for three specific operations associated
with coke ovens, namely pushing,
quenching, and battery stacks.
Timetable:
                                                           Action
                   Date
                                                           NPRM
                                                           Final Action
                  07/03/01 66 FR 35326
                  05/00/03
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

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                       31005
EPA—Clean  Air Act (CAA)
                                                                            Final  Rule  Stage
Manufacturing; 331111 Iron and Steel
Mills

Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5450
Email; melton.lula@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov

RIN: 2060-AH55


3125. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None

Abstract: This final amendment will
also allow hard chromium
electroplating facilities using fume
suppressants for emission control to
meet a surface tension limit similar to
the requirements for decorative
chromium electroplating and chromium
anodizing facilities instead of the
present requirement to meet an
emission limit. Facilities choosing to
use fume suppressants for emission
control would be required to monitor
the surface tension at the same
frequency currently required for
decorative chromium and chromium
anodizing tanks and demonstrate
compliance with the surface tension
operating limit. Like decorative
chromium electroplating and chromium
anodizing facilities, hard chromium
electroplating facilities would now be
allowed to monitor surface tension to
demonstrate compliance in lieu of
performance testing.

Timetable:
Action
 Date
NPRM
Final Action
06/05/02  67 FR 38810
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4115
                    Sectors Affected: 332813
                    Electroplating, Plating, Polishing,
                    Anodizing and Coloring
                    Agency Contact: Philip B. Mulrine,
                    Environmental Protection Agency, Air
                    and Radiation, C504-05, Research
                    Triangle Park, NC 27711
                    Phone: 919 541-5289
                    Fax: 919 541-5450
                    Email: mulrine.phil@epa.gov

                    Steve Fruh, Environmental Protection
                    Agency, Air and Radiation, C439-02,
                    Research Triangle Park, NC 27711
                    Phone: 919 541-2837
                    Fax: 919 541-5450
                    Email: fruh.steve@epamail.epa.gov
                    RIN: 2060-AH69
                    3126. NESHAP: FUMED SILICA
                    PRODUCTION
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 42 USC 1857 et seq;
                    EO 12291
                    CFR Citation: 40 CFR 63
                    Legal Deadline: None
                    Abstract: Fumed silica is produced at
                    four  facilities in 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.
                    This source category was included in
                    the hydrochloric acid production
                    industry at proposal.
                    Timetable:
                    Action
                                       Date
NPRM             09/18/01 66 FR 48174
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected:  None
Additional Information: SAN No. 4111
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: William H. Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov

Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH72


3127. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority:  Substantive, Nonsignificant
Legal Authority: 42  USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in  section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source  of HAPs. These standards
are to be technology-based and are  to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the
application of asphalt or coal tar to
metal pipes may reasonably be
anticipated to emit several of the 189
HAPs listed in section 112(b) of the
CAA. As a consequence, a regulatory
development program is being pursued
for the asphalt/coal tar application  on
metal pipes industry to promulgate
emission standards.
Timetable:
                                                         Action
                                                                             Date
NPRM             08/13/02 67 FR 52780
Final Action         08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-5689

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31006
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                             Final Rule Stage
Email: teal.kim@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AH78
3128. 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
NPRM             07/22/02 67 FR 47894
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4343
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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov

Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
                     Phone: 919 541-1045
                     Fax: 919 541-5450
                     Email: wayland.robertj@epa.gov
                     RIN: 2060-AI68


                     3129. NESHAP: ENGINE TEST
                     CELLS/STANDS
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7401 et seq
                     CFR Citation: 40 CFR 63
                     Legal Deadline: Final, Judicial,
                     February 28, 2003,  Settlement
                     Agreement for Administrator's
                     Signature.
                     Abstract: As required by section 112(c)
                     of the Clean Air Act, the Environmental
                     Protection Agency has developed a list
                     of categories of sources of hazardous
                     air pollutants (HAPs). The 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 HAPs. 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
                     NPRM             05/14/02  67 FR 34548
                     Final Action         05/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: None
                     Additional Information: SAN No. 4144
                     Agency Contact: Jaime Pagan,
                     Environmental Protection Agency, Air
                     and Radiation, C439-01, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5340
                     Fax: 919 541-5450
                     Email: pagan.jaime@epa.gov

                     Robert J. Wayland, Environmental
                     Protection Agency, Air and Radiation,
                     C439-01, Research Triangle Park, NC
                     27711
                     Phone: 919 541-1045
                     Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AI74


3130. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The taconite iron ore
processing source category is comprised
of eight facilities operating in the
United States. Six 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
NPRM
Final Action
12/18/02  67 FR 77562
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4380
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5450
Email: chin.conrad@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ02


3131. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 41 USC 7412

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                       31007
EPA—Clean Air  Act (CAA)
                                                                            Final  Rule  Stage
CFR Citation: 40 CFR 63

Legal Deadline: Final, Statutory,
November 15, 2000.
Final, Judicial, February 28, 2003.

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. The EPA is promulgating a rule
to reduce emissions of toxic air
pollutants from flexible polyurethane
foam fabrication operations. Toxic air
pollutants, or air toxics, are those
pollutants known, or suspected, to
cause cancer and other serious health
problems.  EPA identified two
subcategories under the flexible
polyurethane foam fabrication
operations source category. These
subcategories are loop slitter HAP-
based adhesive use and flame
lamination. Loop slitters are equipment
at foam fabrication operations that are
used to slice large foam blocks into thin
sheets. Flame lamination refers to the
bonding of foam to other substrates
(i.e., cloth, foam, plastic, and other
materials), where the bonding agent is
scorched or melted foam.

Timetable:
Action
  Date
NPRM
Final Action
08/08/01  66 FR 41718
05/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4449

Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov

RIN: 2060-AJ19
                    3132. CLARIFICATION TO EXISTING
                    PART 63 NESHAP DELEGATIONS'
                    PROVISIONS
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 42 USC 7412
                    CFR Citation: 40 CFR Part 63
                    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
                    NPRM
                    Final Action
                  01/16/02 67 FR 2286
                  05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4426
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov

Robin Segall,  Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0896
Email: segall.robin@epamail.epa.gov
RIN: 2060-AJ26


3133. NESHAP: GASOLINE
DISTRIBUTION FACILITIES —
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
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
                                      NPRM
                                      Final Action
                  09/20/02 67 FR 59434
                  09/00/03
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, C439-03, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AJ42


3134. BENZENE WASTE OPERATIONS
NESHAP; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: This amendment will add a
compliance option for tanks, making
the Benzene Waste Operations NESHAP
consistent with the RCRA CC rules.
Hazardous waste treatment facilities
have requested these amendments
because they must comply with both
rules. There is no emission reduction
as a result of this action. However,
facilities may save money. We expect
no negative impacts on small
businesses and State/local/tribal
governments. Industry and government
support this change.
Timetable:
                                                          Action
                   Date
                                                          Direct Final Rule
                                                          Partial Withdrawal of
                                                           Direct Final Rule
                                                          Final Action
                  11/12/02 67 FR 68526
                  02/06/03 68 FR 6082

                  05/00/03

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31008
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Clean  Air Act (CAA)
                                                                             Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4591
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
562211 Hazardous Waste Treatment
and Disposal
Agency Contact: Robert Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone; 919 541-0884
Fax:  919  541-0246
Email; lucas.bob@epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone; 919 541-5395
Fax;  919  541-0246
Email: hustvedt.ken@epa.gov
RIN:  2060-AJ87


3135. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42  USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
February 28, 2003, Settlement
Agreement.
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
NPRM
Final Action
 07/22/02 67 FR 47894
 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4325
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327123 Other Structural Clay Product
Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov

Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AJ91


3136. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive,  Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action announces our
decision not to issue regulations for the
Chlorine Production source category.
The source  category is composed of
nearly 50 facilities that produce
chlorine using several different
methods. We have determined that 21
of these facilities are major sources,
including 20 chlor-alkali plants that
produce chlorine and caustic as co-
products through the  electrolysis of
brine, and one primary magnesium
refining facility that produces chlorine
as a by-product of magnesium metal
production. Primary magnesium
refining is a separately listed source
category and, as such, the one refiner
will be addressed in a separate
rulemaking. None  of the 20 chlor-alkali
plants are in and of themselves major
sources. All are well-controlled and
emit negligible amounts of chlorine
and, in some cases, additional
negligible amounts of hydrochloric
acid. These sources are major only  due
to collocation. That is, they are part of
larger establishments that are major
sources. These larger establishments
include organic chemical
manufacturers, polymer and resin
producers, and pulp and paper mills,
all of which are already subject to one
                                                           or more NESHAP. Section 112(d)(4)
                                                           gives us the discretion to consider risk
                                                           in issuing MACT standards for
                                                           pollutants for which a health threshold
                                                           has been established, provided that the
                                                           public health is protected with an
                                                           ample margin of safety. Chlorine and
                                                           HCl are both threshold pollutants for
                                                           which we have defined threshold
                                                           values in the form of Inhalation
                                                           Reference Concentrations (RfCs). We
                                                           have modeled chlorine and HCl
                                                           emissions from each of the 20 chlor-
                                                           alkali plants and have determined that
                                                           none of the plants emit chlorine or HCl
                                                           in quantities that result in human
                                                           exposures in the ambient air at levels
                                                           approaching the threshold values.
                                                           Therefore, we conclude that no  further
                                                           control or regulation is necessary.
                                                           NOTE;  Three of the 20 chlor-alkali
                                                           plants operate mercury cells. We are
                                                           addressing mercury emissions from
                                                           mercury cell chlor-alkali plants  in a
                                                           separate proposal, which is currently
                                                           under development. To facilitate
                                                           comment, we plan to publish both the
                                                           mercury cell proposal and this action
                                                           on chlorine production in the same
                                                           issue of the Federal Register.
                                                           Timetable:
                                                           Action
                                                                              Date
                                                           NPRM
                                                           Final Action
                  07/03/02  67 FR 44713
                  08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4685
Agency Contact: Iliam D. Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax:  919 541-5450
Email: rosario.iliam@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax:  919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN:  2060-AK38


3137. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON)
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112

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                Federal  Register/Vol. 68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                                     31009
EPA—Clean Air Act (CAA)
                                                                          Final Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend the Hazardous Organic NESHAP
to allow vapor balancing as a control
option for storage vessels. There are no
environmental, cost, or economic
impacts associated with this action.
Timetable:
                    Timetable:
Action
 Date
Direct Final Action
06/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4712

Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AK49


3138.  NESHAP FOR PETROLEUM
REFINERIES: CATALYTIC CRACKING
UNITS, CATALYTIC REFORMING
UNITS, AND SULFUR RECOVERY
UNITS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal  Authority: 42 USC 7412
CFR Citation: 40  CFR 63 (Revision)

Legal  Deadline: None
Abstract: The NESHAP for Petroleum
Refineries is an existing rulemaking (40
CFR part 63, subpart CC) to control
hazardous air pollutant emissions from
equipment in the petroleum refining
industry. This rulemaking will amend
the Petroleum Refinery NESHAP to
incorporate an additional compliance
option for catalytic reforming units at
refineries. Clarifying language and
missing tables will also be added. This
action will not increase costs or change
the emission reductions expected for
this rule.
                   Action
                   Date
                    Direct Final Rule
                 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4714
Agency Contact: Robert Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN:  2060-AK51


3139. NESHAP: SOURCES
CATEGORIES: GENERAL
PROVISIONS; AND REQUIREMENTS
FOR CONTROL TECHNOLOGY
DETERMINATIONS FOR MAJOR
SOURCES IN ACCORDANCE WITH
CLEAN AIR ACT SECTIONS 112(G)
AND 112(J)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: These amendments
implement a settlement agreement
reached with Earthjustice.  The
amendments would reduce the time
required to  submit certain applications,
and would revise certain aspects of the
startup, shutdown, and malfunction
plan.
Timetable:
                   Action
                  Date
                   NPRM             12/09/02 67 FR 72875
                   Final Action         05/00/03
                   Regulatory Flexibility Analysis
                   Required: No
                   Small Entities Affected: Businesses
                   Government Levels Affected: State
                   Additional Information: SAN No. 4715
                   Agency Contact: Rick Colyer,
                   Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epa.gov

Tim Backstrom, Environmental
Protection Agency, Air and Radiation
Phone: 202 564-5572
Email: backstrom.timothy@epa.gov
RIN: 2060-AK52


3140.  NESHAP: SECONDARY
ALUMINUM INDUSTRY AMENDMENTS
Priority: Substantive, Nonsignificant
Legal  Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal  Deadline: Final, Judicial,
December  15, 1999.
Abstract: EPA promulgated MACT to
control emissions of HAP from the
secondary  aluminum production
industry on March 23, 2000. After
publication, two groups representing
four industry trade groups filed a
petition for review of the rule. EPA
reached an initial settlement agreement
with industry to develop a separate rule
for aluminum die casters, aluminum
foundries,  and aluminum extruders and
publish a proposed stay of the rule
with respect to these sources. Later the
EPA reached a separate settlement
agreement  with groups representing
aluminum  die casters, aluminum
foundries,  and aluminum extruders that
resulted in these groups remaining
subject to the rule with certain
technical changes to the rule itself. A
final rule to implement certain
compliance date changes contained in
the settlement agreements was
published  on September 24, 2002. A
final rule to implement changes  to
applicability and testing and
compliance requirements was
published  on December 30, 2002. One
more final  rule is under development
to promulgate the remaining changes.
Timetable:
                                     Action
                   Date
                                     Direct Final Rule
                                      Amendments
                                     NPRM Amendments
                                     Withdrawal of Direct
                                      Final Rule
                                      Amendments
                                     Final Rule
                                     Final Rule
                                     Final Action
                 06/14/02 67FR41118

                 06/14/02 67 FR 41125
                 08/13/02 67 FR 52616
                 09/24/02  67 FR 59787
                 12/30/02  67 FR 79808
                 05/00/03

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31010
Federal  Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                             Final  Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4723
Sectors Affected: 331314 Secondary
Smelting  and Alloying of Aluminum
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epa.gov

James U.  Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05,  Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AK57


3141.  • NESHAP: ETHYLENE
PROCESSES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401  et seq
CFR Citation: 40 CFR 63 subparts XX
andYY
Legal Deadline: None
Abstract: The Ethylene Production
NESHAP  was promulgated on Friday,
July 12, 2002 (67 FR 46258) without
petition for judicial review. However,
we did receive a letter from the affected
industry association requesting that we
consider  certain technical corrections.
Following review of this request, we
believe some changes to the final rule
are necessary for clarity and
consistency.  This correction requires  an
action in  the form of a direct final rule
which will contain rule changes,
technical amendments and
clarifications.
Timetable:
Action
                   Date
Direct Final Rule      06/00/03
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4763
Agency Contact: Warren R. Johnson Jr.,
Environmental Protection Agency, Air
                     and Radiation, C435-D, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5124
                     Fax: 919 541-3470
                     Email: johnson.warren@epa.gov

                     Penny E. Lassiter, Environmental
                     Protection Agency, Air and Radiation,
                     C435-D, Research Triangle Park, NC
                     27711
                     Phone: 919 541-5396
                     Fax: 919 541-6470
                     Email: lassiter.penny@epa.gov
                     RIN: 2060-AK80


                     3142. • NESHAP: RUBBER TIRE
                     MANUFACTURING: TECHNICAL
                     CORRECTION
                     Priority: Substantive,  Nonsignificant
                     Legal Authority: 42 USC 7412
                     CFR Citation: 40 CFR 63
                     Legal Deadline: None
                     Abstract: On July 9, 2002, EPA
                     promulgated National Emission
                     Standards for Hazardous Air Pollutants
                     (NESHAP) for the Rubber Tire
                     Manufacturing industry. The rule
                     included standards for four specific
                     source subcategories (i.e., tire
                     production, tire cord  production,
                     puncture sealant, and rubber
                     processing). The Rubber Manufacturing
                     Association (RMA) subsequently
                     petitioned us concerning the definition
                     of cements and solvents, and  requested
                     a small change to the definition of a
                     term used in an equation for
                     determining compliance with the tire
                     production subcategory. The EPA had
                     also identified these as necessary
                     technical corrections. The amendments
                     to the rule change the definition of
                     "cements and solvents" to conform to
                     the language identified by both the
                     RMA and us prior to  the publication
                     of the rule on July 9,  2002. The revised
                     definition does not change the intent
                     of the original standards, but  it is
                     clearer and consistent with the
                     intended meaning of  affected cements
                     and solvents used in  tire
                     manufacturing. The amendments are
                     expected to have little or no impact on
                     the plants now covered by the rubber
                     tire manufacturing rule. No adverse
                     economic impacts are expected. The
                     total nationwide capital and annual
                     costs associated with  the amendments
                     are negligible. No price impacts are
                     projected. No significant impacts on a
                     substantial number of small entities are
                     expected.
Timetable:
Action
                   Date
Direct Final Rule      05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4773
Sectors Affected: 326211 Tire
Manufacturing (except Retreading);
326212 Tire Retreading; 314992 Tire
Cord and Tire Fabric Mills
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epamail.epa.gov

Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK82


3143. •  AMENDMENT TO PROJECT XL
SITE-SPECIFIC RULEMAKING FOR
GEORGIA-PACIFIC CORPORATION
FACILITY IN BIG ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.863(c)(l)
Revision; 40 CFR 63.867(a)(2) Revision
Legal Deadline: None
Abstract: Under the Project XL
program, the EPA is supporting a
project for the Georgia-Pacific
Corporation facility in Big Island,
Virginia. On March 26, 2001, the EPA
promulgated a site-specific rule to help
implement the project. Under the XL
project,  Georgia-Pacific will install and
attempt to operate the first commercial
scale black liquor gasification system in
the United States. This system promises
to provide superior air emissions
reductions and energy efficiency
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 the new technology,
there is some risk that the technology
will take longer than planned to work
properly or may not ever work

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                Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      31011
EPA—Clean Air Act (CAA)
                                                                           Final  Rule Stage
properly. Under these scenarios,
Georgia-Pacific requires relief from
otherwise applicable air emission
standards to allow time for the
technology to achieve expected
performance or, in the event of failure,
time for Georgia-Pacific to build
conventional recovery technology that
will meet applicable standards. Without
this relief, Georgia-Pacific would not be
undertaking commercialization of this
promising technology. The promulgated
site-specific rule provided relief in the
form of a limited extension (from
March 2004 to March 2007 at the latest)
of the compliance date for the
applicable air emission standard
(Standards for Hazardous Air Pollutants
from Chemical Recovery Combustion
Sources at Kraft, Soda, Sulfate, and
Stand-Alone Semichemical Pulp Mills).
Since that promulgation, the company
has begun construction of the
gasification system. Unfortunately, the
company has experienced construction
delays for several reasons. The delays
have affected the scheduled start-up
date of the new system by
approximately one year. This action
would amend the site-specific rule by
extending the date of compliance for
one additional year (from March 2007
to March 2008).

Timetable:
Action
 Date
Direct Final Rule
05/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4749

Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills

Agency Contact: David Beck,
Environmental Protection Agency, Air
and Radiation, E143-02, Durham, NC
27711
Phone: 919 541-5421
Fax: 919 541-2664
Email: beck.david@epamail.epa.gov

Steven Donohue, Environmental
Protection Agency, Air and Radiation,
3E100, Philadelphia, PA 19103-2029
Phone: 215 814-3215
Fax: 215 814-2782
Email:
donohue.steven@epamail.epa.gov

RIN: 2060-AK71
3144. RULEMAKING ON SECTION 126
PETITIONS FROM NEW YORK AND
CONNECTICUT REGARDING
SOURCES IN MICHIGAN; REVISION
OF DEFINITION OF APPLICABLE
REQUIREMENT FOR TITLE V
OPERATING PERMIT PROGRAMS

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 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,
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,
EPA is proposing to withdraw its
section 126 findings and control
requirements 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 EPA is also
proposing to revise the definition
"applicable requirement" for title V
operating permit programs by providing
expressly that any standard or other
requirement under section 126 is an
applicable requirement and must be
included in operating permits issued
under title V of the CAA.
                                                         Timetable:
                                                         Action
                   Date
NPRM            02/22/02 67 FR 8386
Final Action        05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4464
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov

Tom Helms, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5527
Fax: 919 541-0824
Email: helms.tom@epamail.epa.gov
RIN: 2060-AJ36


3145. FEDERAL PLAN
REQUIREMENTS FOR COMMERCIAL
AND INDUSTRIAL SOLID WASTE
INCINERATION UNITS CONSTRUCTED
ON OR BEFORE NOVEMBER 30, 1999
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7429
CFR Citation: 40 CFR 62
Legal Deadline: None
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 1,  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

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31012
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified  Agenda
EPA—Clean Air Act (CAA)
                                                                            Final  Rule Stage
instances where the State 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 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
NPRM
Final Action
 11/25/02 67 FR 70640
 10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4441
Sectors Affected: 321 Wood Product
Manufacturing; 325 Chemical
Manufacturing
Agency Contact: David F. Painter,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epa.gov
RIN: 2060-AJ28


3146.  PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR, AND
REPLACEMENT
Priority: Economically Significant
Legal  Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21; 40 CFR 52.24
Legal  Deadline: None
Abstract: This rulemaking provides
specific categories of activities that
would qualify as "routine maintenance,
repair, and replacement" under the
Clean  Air Act's New Source Review
Program. The current New Source
Review regulations do not define this
                     term, and there has been considerable
                     debate over the years over the scope
                     of activities that should be included.
                     The new definition will provide an
                     additional level of certainty for
                     regulated entities and regulatory
                     agencies with respect to program
                     applicability. While this rule will affect
                     small businesses and state/local/tribal
                     governments, this rule is intended to
                     simplify the regulatory process and
                     decrease the burden on these and other
                     entities.
                     Timetable:
                     Action
                   Date
                     NPRM
                     Final Action
                  12/31/02 67 FR 80290
                  12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4676
Agency Contact: David Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov

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-AK28


3147. REVISIONS TO REGIONAL HAZE
RULE TO INCORPORATE SULFUR
DIOXIDE MILESTONES AND
BACKSTOP EMISSIONS TRADING
PROGRAM FOR NINE WESTERN
STATES
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
CFR Citation: 40 CFR 51.309
Legal Deadline:  None
Abstract: This regulation is for an
action anticipated by the regional haze
rule that we published in July 1999.
One portion of the regional haze rule
was an optional  visibility protection
program for nine Western States. Part
of this program for the West, a long-
term program to reduce stationary
source emissions of sulfur dioxide, was
incomplete at the time of the 1999 rule.
Accordingly, the rule required Western
States to submit an "Annex" to an
earlier report of the Grand Canyon
Visibility Transport Commission. We
required the Annex to contain sulfur
dioxide milestones for the years 2003
to 2018, to establish  a program to track
emissions from stationary sources over
this time period, and to provide the
details of a market trading program that
would be triggered if a milestone is
exceeded. The Western Regional Air
Partnership submitted the Annex on
September 29, 2000.  The purpose of
this rulemaking is to determine
whether the Annex meets the
requirements of the regional haze rule
and the Clean Air Act, and if it does,
to amend the regional haze rule to
incorporate its provisions.
Timetable:	
Action              Date
                                                          NPRM
                                                          Final Action
                  05/06/02 67 FR 30418
                  05/00/03
                                                          Regulatory Flexibility Analysis
                                                          Required: No
                                                          Small Entities Affected: No
                                                          Government Levels Affected: None
                                                          Additional Information: SAN No. 4495
                                                          Agency Contact: Timothy Smith,
                                                          Environmental Protection Agency, Air
                                                          and Radiation, C504-02, Research
                                                          Triangle Park, NC 27711
                                                          Phone: 919 541-4718
                                                          Fax: 919 541-5489
                                                          Email: smith.tim@epa.gov

                                                          Kathy Kaufman, Environmental
                                                          Protection Agency, Air and Radiation,
                                                          C304-04, Research Triangle Park, NC
                                                          27711
                                                          Phone: 919 541-0102
                                                          Fax: 919 541-5489
                                                          Email: kaufman.kathy@epamail.epa.gov
                                                          RIN: 2060-AJ50


                                                          3148. 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

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                                       31013
EPA—Clean  Air Act (CAA)
                                                                            Final Rule  Stage
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
NPRM
Notice
Final Action
07/20/98 63 FR 38767
05/14/99 64 FR 26410
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4030
Agency Contact: Joseph Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J
Phone: 202 564-9034
Fax: 202 565-2085
Email: sopata.joe@epa.gov
RIN: 2060-AH52


3149.  MODIFICATION OF THE ANTI-
DUMPING BASELINE DATE CUT-OFF
LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
                    Abstract: "Dumping" refers to the
                    practice whereby refiners making clean
                    fuels for certain markets (such as
                    reformulated gasoline for clean-air
                    purposes) take the pollutants removed
                    from the clean fuels and "dump" them
                    into other fuels they are producing for
                    other markets. This, if allowed, would
                    make those other fuels even dirtier than
                    before, and so the Clean Air Act
                    prohibits this practice. EPA has existing
                    "anti-dumping" rules on the books that
                    codify this Clean Air Act prohibition.
                    This regulation is a minor technical
                    amendment to those existing
                    regulations. It would amend a portion
                    of those regulations to allow the use
                    of data collected after January 1,  1995,
                    in the development of baselines,  and
                    it would establish a cut-off date of
                    January 1,  2002, for the submission of
                    all individual baselines under the anti-
                    dumping program. This date is the
                    same as that allowed for foreign
                    refineries seeking a unique individual
                    baseline under the anti-dumping
                    program.
                    Timetable:
                    Action
                   Date
Direct Final Action     05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604
Agency Contact: Christine M. Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov

Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82


3150. CONTROL OF EMISSIONS FROM
SPARK IGNITION  MARINE VESSELS
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: None
                                      Abstract: EPA is proposing to take
                                      actions to reduce emissions from two
                                      categories of engines. The first category,
                                      highway motorcycles, have existing
                                      emission standards that were put in
                                      place over twenty years ago. Emissions
                                      control technologies  have advanced
                                      significantly since  that time, and EPA
                                      believes it is appropriate  to put in place
                                      more stringent standards  for HC and
                                      NOx that reflects this progress. The
                                      proposed standards are consistent with
                                      standards California  has recently
                                      promulgated, thereby creating the
                                      opportunity to industry to produce and
                                      market products nationwide. The
                                      second category of emissions sources
                                      addressed in this proposal is gasoline-
                                      powered marine vessels. Specifically,
                                      EPA is proposing to control evaporative
                                      emissions from these sources through
                                      the application of fuel tank and hose
                                      controls that can significantly reduce
                                      HC emissions from these  sources. This
                                      proposal is the first set of emissions
                                      standards for this category.

                                      Timetable:
                                                          Action
                                                         Date
NPRM
Final Action
08/14/02  67 FR 53050
08/00/03
Regulatory Flexibility Analysis
Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: SAN No. 4626

Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 335312
Motor and Generator Manufacturing;
42183 Industrial Machinery and
Equipment Wholesalers

Agency Contact: Alan Stout,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4805
Fax:  734 214-4816
Email: stout.alan@epa.gov

Don  Kopinski, Environmental
Protection Agency, Air and Radiation,
OMS EPCD, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax:  734 214-4816
Email: kopinski.donald@epa.gov

RIN:  2060-AJ90

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31014
Federal Register/Vol.  68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                           Final  Rule Stage
3151. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7522 CAA
203; 42 USC 7525 CAA 206; 42 USC
7541 CAA 207; 42 USC 7542 CAA 208;
42 USC 7601 CAA 301; 42 USC 7522
CAA 203; 42 USC 7550 CAA 216; 42
USC 7601 CAA 301

CFR Citation: 40 CFR 85

Legal Deadline: None

Abstract: This action will amend the
regulations in 40 CFR part 85,  subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and  (4)
providing several minor clarifications
to the existing regulations.

Timetable:
Action
   Date
NPRM            03/24/94  59 FR 13912
Supplemental NPRM  02/12/96  61 FR 5840
Final Action         12/00/03

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 2665

Agency Contact: Joseph Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J
Phone: 202 564-9034
Fax: 202 565-2085
Email: sopata.joe@epa.gov

RIN: 2060-AI03
                     3152. AMENDMENTS TO
                     COMPLIANCE CERTIFICATION
                     REQUIREMENTS FOR STATE AND
                     FEDERAL OPERATING PERMITS
                     PROGRAMS
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7414a; 42
                     USC 7661-7661f
                     CFR Citation: 40 CFR 70; 40 CFR 71
                     (Revisions)
                     Legal Deadline: None

                     Abstract: Action is in response to the
                     October 29, 1999, United States Circuit
                     Court of Appeals decision to remand
                     to EPA part of the October 22, 1997,
                     Compliance Assurance Monitoring
                     rulemaking that included revisions to
                     compliance certification requirements
                     for State and federal operating permits.
                     The Court ruled that the compliance
                     certification must address whether the
                     affected facility has been in continuous
                     or intermittent compliance.
                     Timetable:
                     Action
                  Date
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4671
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C304-04, RTF, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epa.gov

Steve Hitte, Environmental Protection
Agency, Air and Radiation, C3 04-04,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AK11


3153. • PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
TRADE OF METHYL BROMIDE TO
NON-PARTIES TO THE MONTREAL
PROTOCOL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7671-7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action will prohibit the
import and export of methyl bromide
(class I, Group VI controlled substance)
from or to a foreign state that is not
a Party to the 1992 Copenhagen
Amendments to the Montreal Protocol.
The rule is being published in
accordance with the Montreal Protocol
and the Clean Air  Act.
Timetable:	
Action              Date
Direct Final Rule    05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4756
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov

Jabeen Akhtar, Environmental
Protection Agency, Air and Radiation,
6205J
Phone: 202 564-3514
Fax: 202 564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AK67


3154. PROTECTION OF
STRATOSPHERIC OZONE: PHASEOUT
OF CHLOROBROMOMETHANE
(HALON 1011) PRODUCTION AND
CONSUMPTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 et seq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is proposing to add
chlorobromomethane (CBM) to the list
of controlled substances subject to
production and consumption controls
in accordance with both the Montreal
Protocol on Substances that Deplete the
Ozone Layer (Protocol) and EPA's
regulations under the Clean Air Act
Amendments of 1990. Today's action
proposes to create a new group (Group
VIII) of class I substances for CBM, and
to designate the value of CBM's "ozone
depleting potential" as 0.12. In
accordance with the Protocol, today's
action proposes phasing out CBM
production and consumption upon
publication of the  final rule with

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                Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
                                                                                    31015
EPA—Clean Air Act (CAA)
                                                                         Final Rule Stage
permitted exemptions. Today's action
also proposes to restrict trade in CBM
with countries who are not parties to
the Beijing Amendments to the
Protocol.
Timetable:
Action
Date
NPRM             10/29/02 67 FR 65916
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4428
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing;
325412 Pharmaceutical Preparation
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 54138
Testing Laboratories; 6215 Medical and
Diagnostic Laboratories; 54171 Research
and Development in the Physical
Sciences and Engineering Sciences
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-3514
Fax: 202 564-2155
Email: akhtar.jabeen@epamail.epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ27


3155. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
CAA 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
                  including small appliances. The rule
                  also addresses the transfers of
                  unreclaimed refrigerant between
                  majority-owned and majority-controlled
                  subsidiaries.

                  Timetable:
Timetable:
Action
 Date
Action
NPRM
NPRM
Final Action
Date
02/29/96 61 FR 7858
11/01/96 61 FR 56493
05/00/03
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: Businesses

                  Government Levels Affected: None

                  Additional Information: SAN No. 3556

                  Agency Contact: Julius Banks,
                  Environmental Protection Agency, Air
                  and Radiation, 6205J, Washington, DC
                  20460
                  Phone: 202 564-9870
                  Fax:  202 565-2155
                  Email: banks.julius@epa.gov

                  Tom Land, Environmental Protection
                  Agency, Air and Radiation, 6205J,
                  Washington, DC 20460
                  Phone: 202 564-9185
                  Fax:  202 565-2155
                  Email: land.tom@epamail.epa.gov

                  RIN: 2060-AF36
                  3156. 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 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.
NPRM
Final Action
06/11/98  63 FR 32044
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3560
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9870
Fax: 202 565-2155
Email: banks.julius@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AF37


3157. 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
NPRM             03/15/02 67 FR 11748
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Federalism: Undetermined

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 31016
Federal Register/Vol.  68,  No. 101/Tuesday,  May 27,  2003/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                           Final Rule Stage
Additional Information: SAN No. 4487

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
3158. SERVICE INFORMATION
REGULATION FOR LIGHT-DUTY
VEHICLES AND TRUCKS

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
NPRM
Final Action
 06/08/01  66 FR 30830
 05/00/03
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, 6402
Phone: 734  214-4288
Fax: 734 214-4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AG13
                     3159. REVISION TO THE DEFINITION
                     OF VOLATILE ORGANIC COMPOUND
                     (VOC) TO EXCLUDE TERTIARY BUTYL
                     ACETATE
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 42 USC 7401 et seq
                     CFR Citation: 40 CFR 51.100(s)
                     Legal Deadline: None
                     Abstract: The definition of VOC is
                     proposed to be revised to add tertiary
                     butyl acetate to the list of negligibly
                     reactive compounds. This is a
                     deregulatory action that will remove
                     tertiary butyl acetate from the necessity
                     to be controlled as a VOC in SIPs for
                     attaining the ozone standard.
                     Timetable:
                     Action
                   Date
                     NPRM
                     Final Action
                 09/30/99 64 FR 52731
                 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov

Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov
RIN:  2060-AI45


3160. COMPILATION OF SOURCE-
SPECIFIC ALTERNATIVE METHODS
BEING APPROVED FOR SOURCE-
CATEGORYWIDE APPLICATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Sources have applied for
approval of alternative test methods for
use at their facility. The Agency has
approved these methods and issued
letters of approval to each requestor.
The Agency has determined that these
methods could be used at similar
sources, thus giving those sources an
                                     alternative test method to the one cited
                                     in the regulation. This action seeks to
                                     publish these facility-specific approvals
                                     in order to provide other facilities
                                     within the source category the option
                                     of using the alternative method.
                                     Timetable:
                                     Action
                                                        Date
                                     Direct Final Rule
                  10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4548
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov

Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ84


3161.  STATE AND FEDERAL
OPERATING PERMITS PROGRAM:
REMOVAL OF AMENDMENTS TO
PART 70 AND PART 71 COMPLIANCE
CERTIFICATION REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414a; 42
USC 7661 to 7661f
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Legal Deadline: None
Abstract: Action is in response to the
October 29, 1999, United States Circuit
Court of Appeals decision to remand
to EPA part of the October 22, 1997,
Compliance Assurance Monitoring
rulemaking that included revisions to
parts 70 and 71 compliance
certification requirements. The Court
ruled that the compliance certification
must address whether the affected
facility has been in continuous or
intermittent compliance.
Timetable:
                                                         Action
                                                                            Date
                                                                          Final Action
                                                                           06/00/03

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                     31017
 EPA—Clean  Air Act (CAA)
                                                                          Final Rule  Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4600
Split from RIN 2060-AJ04
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C304-04, RTF, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epa.gov

Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, D205-02
Phone: 919 541-5635
Fax: 919 541-0516
Email: parker.barrett@epa.gov
RIN: 2060-AJ89


3162. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION AND MINOR CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Final, Statutory,
October 31, 2001, 80.855(b)(2) directs
EPA to revise the default baseline by
this date.
Abstract: The final rule, Control of
Emissions of Hazardous Air Pollutants
From Mobile Sources (66 FR 17230,
3/29/01), directed EPA to revise the
default toxics baselines in the rule to
include year 2000 data when it
becomes available. When revised, the
default toxics baseline values will be
the average toxics values for gasoline
over the period 1998-2000. This data
is now available, and this rule will
promulgate those revised baseline
values, and also incorporate several
minor technical corrections to the
existing rule.
Timetable:
Action
Date
Direct Final Rule      05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4621
                   Agency Contact: Christine M. Brunner,
                   Environmental Protection Agency, Air
                   and Radiation, Washington, DC 20460
                   Phone: 734 214-4287
                   Fax: 734 214-4051
                   Email: brunner.christine@epa.gov

                   Paul Cort, Environmental Protection
                   Agency, Air and Radiation, ORC2
                   Phone: 415 972-3921
                   Fax: 415 972-3570
                   Email: cort.paul@epamail.epa.gov
                   RIN: 2060-AJ97


                   3163. REGULATION OF FUEL AND
                   FUEL ADDITIVES:  EXTENSION OF
                   CALIFORNIA ENFORCEMENT
                   EXEMPTIONS FOR REFORMULATED
                   GASOLINE TO CALIFORNIA PHASE 3
                   GASOLINE
                   Priority: Substantive, Nonsignificant
                   Legal Authority: 42 USC 7414; 42 USC
                   7545; 42 USC 7601(a)
                   CFR Citation: 40 CFR 80.81
                   Legal Deadline:  None
                   Abstract: EPA is proposing to exempt
                   refiners, importers, and blenders of
                   gasoline subject to the State of
                   California's reformulated gasoline
                   regulations from certain enforcement
                   provisions in the Federal reformulated
                   (RFC) regulations. Certain exemptions
                   under the Federal RFC program already
                   apply to California Phase 2 gasoline,
                   but additional exemptions are
                   necessary to cover Phase 3 gasoline.
                   Timetable:
                  Action
                   Date
                   Direct Final Action
                                    08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4634
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne-Marie C.
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-8987
TDD Phone: 202 564-2085
Fax: 202 565-2085
Email: pastorkovich.anne-
marie@epa.gov

Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J
Phone: 202 564-9022
Fax: 202 565-2085
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AK04


3164. •  REVISIONS TO CLARIFY THE
SCOPE OF THE SUFFICIENCY
MONITORING REQUIREMENTS FOR
FEDERAL AND STATE OPERATING
PERMITS PROGRAMS
Priority: Economically Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l);  40
CFR 71.6(c)(l)
Legal Deadline: None
Abstract: The purpose of this
rulemaking is to clarify that under 40
CFR 70.6(c)(l) and  71.6(c)(l), all title
V permits must contain monitoring
sufficient to assure compliance with the
permits' terms and  conditions, as
required under sections 504(a), 504 (b),
504(c) and 114(a)(3) of the Clean Air
Act, where section  70.6(a)(3)(i)(B) or
section 71.6(a)(3) is not applicable.
Specifically, the interim final
rulemakings and parallel notice-and-
comment rulemaking are limited to the
suspension and removal of the
prefatory phrase " [consistent with
paragraph (a)(3) of this section" from
the sufficiency monitoring requirement
in section 70.6(c)(l) and section
71.6(c)(l). We are undertaking these
rulemakings, in part, to respond to,
pending litigation, Utility Air
Regulatory Group v. EPA No. 01-1204
(B.C. Cir.). In this litigation, the Utility
Air Regulatory Group (UARG) has
asserted, in part, that EPA's
interpretation of section 70.6(c)(l) and
section 71.6(c)(l) as stated in the
Pacificorp and Fort James orders is
overbroad because the prefatory
language in these sufficiency
monitoring regulations (i.e., "consistent
with paragraph (a)(3)") limits their
scope to that of the periodic monitoring
provisions at section 70.6(a)(3) and
section 71.6(a)(3). While EPA disagrees
with UARG's assertions, EPA believes
that further clarification through
rulemaking would be useful. The EPA
anticipates issuing a second interim
final rule, prior to promulgation of the
final rule, to suspend the prefatory
phrase for an additional 90-day period.
These rulemakings  do not address any
other issues related to title V
monitoring, such as the type of
monitoring required under the periodic
or sufficiency monitoring provisions.

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31018
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                            Final Rule Stage
The EPA expects to consider comments
on these other monitoring issues during
a separate, future notice-and-comment
rulemaking. Any future rulemaking
actions on the scope of sufficiency
monitoring, including any second
interim rule and final rule, will be
subject to OMB review because the
related proposal was found to be a
"significant regulatory action" under
Executive Order 12866 due to "novel
legal or policy issues."
Timetable:
Action              Date
NPRM
Interim Final Rule
Interim Final Rule
Final Action
 09/17/02 67 FR 58561
 09/17/02 67 FR 58529
 05/00/03
 07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4699
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-3195
Fax: 919 541-5509
Email: herring.jeff@epa.gov

Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AK29


3165. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2001 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102-579, sec
23(a)(2)
CFR Citation: 40 CFR 194
Legal Deadline: None
Abstract: This Report to Congress is
required by section 23(a)(2) of the WIPP
Land Withdrawal Act, which requires
EPA to submit an annual report to
Congress "on the status of and
rosources required for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant (WIPP).  This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as byproducts from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In  1998, EPA
certified that the WIPP complies with
EPA's radioactive waste disposal
standards at subpart B and C of 40 CFR
191 and EPA's WIPP compliance
criteria at 40 CFR 194,  and thus is safe
to contain radioactive waste. Since that
time, the DOE has begun emplacing
waste in the WIPP. The waste is stored
approximately 2,100 feet underground
in excavated,  natural salt formations.
EPA also has responsibility for assuring
continual compliance with EPA's
radioactive waste disposal standards.
EPA continues to have an  oversight role
at the WIPP to ensure that it continues
to protect human health and the
environment.  This Report  summarizes
EPA's activities past and present.
Timetable:
                     Action
                                        Date
                     Report to Congress   05/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Government Levels Affected: None
                     Additional Information: SAN No. 4686
                     Agency Contact: Raymond Lee,
                     Environmental Protection Agency, Air
                     and Radiation, 6608J, Washington, DC
                     20460
                     Phone: 202 564-7738
                     Fax: 202 565-2062
                     Email: lee.raymond@epa.gov
                     RIN: 2060-AK39


                     3166. EXTENSION OF ALTERNATIVE
                     COMPLIANCE PERIODS UNDER THE
                     ANTI-DUMPING PROGRAM
                     Priority: Substantive, Nonsignificant
                     Legal Authority: CAA sec  114; CAA sec
                     211; CAA sec 301(a)
                     CFR Citation: Not Yet Determined
                     Legal Deadline: None
                     Abstract: "Dumping" refers to the
                     practice whereby refiners making clean
                     fuels for certain markets (such as
                     reformulated gasoline for clean-air
                     purposes) take the pollutants removed
                     from the clean fuels and "dump" them
                     into other fuels they are producing for
                     other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This direct final rule will amend the
existing anti-dumping regulations by
setting forth procedures for allowing an
alternative compliance period of not
more than seven years for a small, start
up refiner.
Timetable:	
Action              Date
Direct Final Rule With  05/00/03
  Accompanying
  NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4694
Agency Contact: Anne-Marie C.
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-8987
TDD Phone: 202 564-2085
Fax: 202 565-2085
Email: pastorkovich.anne-
marie@epa.gov

Deborah Wood, Environmental
Protection Agency,  Air and Radiation,
6406J
Phone: 202 564-9249
TDD Phone: 202 564-2085
Fax: 202 565-2085
Email: wood.deborah@epa.gov
RIN: 2060-AK43


3167. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
AMENDMENT TO THE TIER 2 MOTOR
VEHICLE EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action includes
technical amendments needed to
resolve errors, inconsistencies, or lack
of clarity in recently promulgated light-
duty and heavy-duty emissions control
programs. These issues include
flexibilities for diesel vehicles under
the Tier 2 program, amendments to the
requirements for independent
commercial importers (ICI),
amendments to the test weight

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified  Agenda
                                                                                     31019
EPA—Clean Air Act (CAA)
                                                                          Final Rule Stage
requirements for complete heavy-duty
gasoline vehicles, and amendments to
the heavy-duty onboard diagnostics
(OBD) requirements for chassis-certified
heavy-duty diesel engines and vehicles.
Timetable:
Action
 Date
Direct Final Rule
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4721
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing; 33612 Heavy Duty
Truck Manufacturing
Agency Contact: Roberts French,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4380
Fax: 734 214-4050
Email: french.roberts@epa.gov

Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD
Phone: 734 214-4781
Fax: 734 214-4816
Email: moran.robin@epamail.epa.gov
RIN: 2060-AK55
3168. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations which were published in
the Federal Register on March 29, 2001
(66 FR  17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
 Date
Direct Final Rule     05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722
Agency Contact: Christine M. Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone; 734 214-4287
Fax:  734 214-4051
Email: brunner.christine@epa.gov

John Hannon, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-5563
Email: hannon.john@epa.gov
RIN:  2060-AK56


3169. • AMENDMENTS TO THE
REQUIREMENTS ON VARIABILITY IN
THE  COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Other, Statutory, May
30, 2001, Settlement Agreement with
American Chemistry Council in 8/2000
requires publication of NPRM "as
expeditiously as practicable.
Abstract: A Direct Final Rule (DFRM)
and parallel NPRM was published on
November 5, 2001, in response to a
settlement agreement reached with the
American Chemical Council (ACC)
regarding their litigation on the
Gasoline Deposit Control Additive
Rule. This litigation pertained to the
information that manufacturers must
provide on additive composition at  the
time  of certification. Adverse comments
were received on two of the four
amendments. A partial withdrawal
notice was published on January 24,
2002 which withdrew the amendments
on which we received adverse
comments. In this action,  we plan to
finalize the provisions that were
withdrawn. The provisions we plan to
finalize are based on an ACC consensus
position, which reduces the burden on
manufacturers in demonstrating
compliance with limits on the
compositional variability of the deposit
control additives, while maintaining
the emissions control benefits of the
gasoline deposit control program.
Timetable:
                    Action
                   Date
                    Direct Final Rule
                    Final Action
                 11/05/01  66 FR 55885
                 11/00/03
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4557
Sectors Affected: 325998 All Other
Miscellaneous Chemical Product
Manufacturing
Agency Contact: Jeffrey A. Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4227
Fax: 734 214-4051
Email: herzog.jeff@epa.gov

Andrea Medici, Environmental
Protection Agency, Air and Radiation,
ARLO/PTSLO
Phone: 202 564-5634
Fax: 202 564-5653
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AK62
                                                        3170. • CONTROL OF AIR POLLUTION
                                                        FROM NEW MOTOR VEHICLES;
                                                        ADDENDUM TO SECOND
                                                        AMENDMENT TO THE TIER
                                                        2/GASOLINE SULFUR REGULATIONS
                                                        Priority: Other Significant
                                                        Legal Authority: 42 USC 7414; 42 USC
                                                        7545; 42 USC 7601(a); 42 USC 7401
                                                        to 7521(1); 42 USC 7521(m) to 7671q
                                                        CFR Citation: 40 CFR 80; 40 CFR 86
                                                        Legal Deadline: None
                                                        Abstract: On June 12, 2002, EPA
                                                        promulgated a direct final rule (SAN
                                                        4569, 67 FR 40169) that corrected,
                                                        amended, and revised certain
                                                        provisions of the Tier 2/Gasoline Sulfur
                                                        regulations to assist regulated entities
                                                        with program implementation and
                                                        compliance. At that time, EPA also
                                                        published a concurrent proposed rule
                                                        to be used in case the Direct Final rule
                                                        received adverse comment. Such
                                                        adverse comment  was received, and a
                                                        portion of that June 12 rule had to be
                                                        withdrawn. This action will respond to
                                                        that adverse comment and address the
                                                        aforementioned withdrawn material.
                                                        Timetable:
                                                                          Action
                                                                           Date
                    Regulatory Flexibility Analysis
                    Required: No
Direct Final Rule and  06/12/02 67 FR 40169
  Concurrent NPRM
Final Action         05/00/03
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: No
Government Levels Affected: None

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31020
Federal Register/Vol.  68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                           Final  Rule Stage
Additional Information: SAN No. 4569
Sectors Affected: 336111 Automobile
Manufacturing; 336112 Light Truck and
Utility Vehicle Manufacturing
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4873
Fax: 734 214-4051
Email: manners.mary@epa.gov

Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD
Phone: 734 214-4781
Fax: 734 214-4816
Email: moran.robin@epamail.epa.gov
RIN: 2060-AK63


3171.  • ANTI-DUMPING BASELINE
RECALCULATION  FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545;  42 USC 7601(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added  oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
                   Date
Direct Final Rule     05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706
Agency Contact: Christine M. Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov

Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344
Phone: 202 564-5593
                     Email: simms.patrice@epamail.epa.gov

                     RIN: 2060-AK69
                     3172. • REGULATION OF FUELS AND
                     FUEL ADDITIVES: MODIFICATIONS TO
                     STANDARDS AND REQUIREMENTS
                     FOR REFORMULATED AND
                     CONVENTIONAL GASOLINE
                     INCLUDING BUTANE BLENDERS AND
                     ATTEST ENGAGEMENTS

                     Priority: Substantive, Nonsignificant

                     Legal Authority: 42 USC 7414; 42 USC
                     7454(c); 42 USC 7454(k); 42 USC 7601

                     CFR Citation: 40 CFR 80

                     Legal Deadline: None

                     Abstract: Through the Clean Air Act
                     Amendments of 1990, Congress
                     mandated that EPA promulgate
                     regulations for reformulated and
                     conventional gasoline. The purpose of
                     this mandate was to reduce vehicle
                     emissions of toxic and ozone-forming
                     compounds. EPA published the
                     regulations on February 16, 1994. On
                     July 11, 1997, EPA published a
                     proposed rule that included various
                     minor adjustments to the 1994 rule.
                     The emissions benefits achieved from
                     the reformulated gasoline and
                     conventional gasoline programs would
                     not be reduced by the proposed
                     changes. On December 31, 1997, EPA
                     finalized many of the proposed
                     changes. This rule would finalize the
                     remaining changes that were not
                     included in the  December 31, 1997
                     final rule.

                     Timetable:
Action
NPRM
Final Rule
Final Action
Date
07/11/97 62 FR 37338
12/31/97 62 FR 68196
06/00/03
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: Businesses

                     Government Levels Affected: None

                     Additional Information: SAN No. 4758

                     Sectors Affected: 32411 Petroleum
                     Refineries; 42271 Petroleum Bulk
                     Stations and Terminals

                     Agency Contact: Marilyn Bennett,
                     Environmental Protection Agency, Air
                     and Radiation, 6406J, Washington, DC
                     20460
                     Phone: 202 564-8989
                     Fax: 202 565-2085
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77


3173. • STAY OF AUTHORITY UNDER
40 CFR 50.9(B) RELATED TO
APPLICABILITY OF 1-HOUR OZONE
STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.9(b)
Legal Deadline: NPRM, Judicial,
December 15, 2002, Proposal to Stay
Language.
Abstract: This rulemaking would stay
EPA's authority under the second
sentence of 40 CFR 50.9(b) to determine
that an area has attained the 1-hour
standard and that the  1-hour standard
no longer applies. The Environmental
Defense and  Appalachian Mountain
Club have agreed to dismiss their cases
if EPA issues a final rule staying the
revocation provision in 40 CFR 50.9(b)
until such time as EPA considers in
that rule whether that provision should
be modified and committing to
consider and address in the subsequent
rulemaking any comments concerning
(a) which, if any, implementation
activities for a revised ozone standard
would need to occur before EPA would
determine that the 1-hour ozone
standard no longer applied to an area,
and (b) the effect of revising the ozone
NAAQS on existing designations for the
pollutant ozone.
Timetable:
                                                         Action
                   Date
NPRM            12/27/02 67 FR 79460
Final Action        05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4760
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C539-02, Durham, NC
27701
Phone: 919  541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epamail.epa.gov

Jan Tierney, Environmental Protection
Agency, Air and Radiation, 2344,
Washington, DC 20460
Phone: 202  564-5598
Fax: 202 564-5541

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified  Agenda
                                                                   31021
 EPA—Clean  Air Act (CAA)
                                                        Final  Rule Stage
Email: tierney.jan@epamail.epa.gov
RIN: 2060-AK78


3174. • RECLASSIFICATION AS
NONROAD ENGINES FOR DIESEL
ENGINES USED IN THE STATE OF
CALIFORNIA AGRICULTURAL PUMP
APPLICATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7547
CFR Citation: 40 CFR 89
Legal Deadline: None
Abstract: EPA has been working
closely with the U.S. Department of
Agriculture, the agricultural
community, and other stakeholders to
constructively address air quality issues
associated with agricultural sources.
One such issue involves emissions from
diesel engines located in California that
are used in the irrigation of crops.
There is an interest in determining a
method to facilitate the introduction of
cleaner engines in this area and
additionally resolve an issue associated
with the application of Title  V to such
engines. EPA has decided to amend the
definition of "nonroad engines" in 40
CFR part 89 to define diesel engines
used to irrigate croplands in  California
as "nonroad engines" under EPA
regulations, which is currently not the
case. This notice will regulate all pump
engines under title II nonroad rules if
the farm chooses to replace its current
engines with a new certified  nonroad
engine. Pump engines which are not
replaced with new certified nonroad
engines will not be covered by title II
nonroad rules. There are environmental
benefits to taking this action  because
generally the current engines are not
required to meet any emissions
requirements while nonroad engines
are subject to existing standards and
certification requirements. The
voluntary  nature of this rule, is that the
farm is not required to replace any of
its pump engines; they volunteer to
replace their pumps engines with new,
certified nonroad engines. This
voluntary  action will be done as a
limited amendment of section 89.2
(similar to a project XL approach).
Timetable:
Action
Date
Direct Final Rule      05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4774
Agency Contact: Robert E. Larson,
Environmental Protection Agency, Air
and Radiation, TRPD, Washington, DC
20460
Phone: 734 214-4277
Fax:  734 214-4052
Email: larson.robert@epa.gov
RIN:  2060-AK83


3175. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This site-specific rule,
applicable only to the Andersen
Bayport facility, provides regulatory
changes under the Clean Air Act (CAA)
to implement Andersen Corporation's
XL project. In this project, the facility
will be allowed to increase production
levels without undergoing case-by-case
reviews prompted by its Volatile
Organic Compounds (VOC) emission
changes, as long as its VOC emissions
per unit of production remain below
the performance ratio and its  overall
emissions remain below a facilitywide
VOC cap.

Timetable:
                  Action
                   Date
                  NPRM
                  Final Action
                  04/19/99 64 FR19097
                  12/00/03
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entitles Affected: No

                  Government Levels Affected: None

                  Additional Information: SAN No. 4278

                  Agency Contact: Brian Barwick,
                  Environmental Protection Agency,
                  Office of the Administrator, U.S. EPA
                  Region 5, Chicago, IL 60604
                  Phone: 312 886-6620
                  Email: barwick.brian@epa.gov

                  David Beck, Environmental Protection
                  Agency, Office of the Administrator,
                  E14302, Research Triangle Park, NC
                  27711
                  Phone: 919 541-5421
                  Email: beck.david@epa.gov

                  RIN: 2090-AA21
Environmental  Protection Agency (EPA)
Clean Air Act (CAA)
                                                     Long-Term Actions
3176. • NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD

Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, July
1, 2004.
Abstract: EPA developed technology-
based emissions standards (MACT
standards) for this source category
under section 112(d) of the Clean Air
Act, codified in 40 CFR part 63, subpart
DD. The current action, required by
section 112(f) of the Clean Air Act, is
to assess residual risks after compliance
with subpart DD, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.

Timetable:	
Action              Date
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4695
Sectors Affected: 56221 Waste
Treatment and Disposal

Agency Contact: Elaine Manning,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5499
Fax: 919 658-3186
Email: manning.elaine@epamail.epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,

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31022
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                          Long-Term Actions
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov

RIN: 2060-AK68


3177. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT

Priority: Info./Admin./Other

Legal Authority: CAA 112(r)

CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
                     part 1400. This revision is not meant
                     to regulate any new entities.
                     Timetable:
                     Action
Date
                     Final Action          To Be Determined
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: None
                     Additional Information: SAN No. 4607
                     Agency Contact: Sicy Jacob,
                     Environmental Protection Agency,
                     Solid Waste and Emergency Response,
                     5104A, Washington, DC 20460
                     Phone: 202 564-8019
                     Fax: 202 564-8233
                     Email: jacob.sicy@epa.gov
                     RIN: 2050-AE95
                     3178. ACCIDENTAL RELEASE
                     PREVENTION REQUIREMENTS: RISK
                     MANAGEMENT PROGRAMS UNDER
                     THE CLEAN AIR ACT, SECTION
                     112(R)(3); REVISIONS TO THE LIST OF
                     SUBSTANCES
                     Priority: Substantive, Nonsignificant
                     Legal Authority: CAA 112(r)
                     CFR Citation: 40 CFR 68.130
                     Legal Deadline: None
                     Abstract: The list of substances subject
                     to the Chemical Accident Prevention
                     requirements at 40 CFR part 68 was
                     promulgated on January 31, 1994. The
                     Clean Air Act states that the list may
                     be revised from time to time by EPA's
                     own motion or by petition and shall
                     be reviewed at least every 5 years.
                     Since the January 1994 final list rule,
                     EPA has modified the listing for
                     hydrochloric acid;  deleted a category  of
                     explosive chemicals; exempted
                     flammable substances in gasoline used
                     as fuel and  in naturally occurring
                     hydrocarbon mixtures prior to initial
                     processing;  and excluded flammable
                     substances used as a fuel or held for
                     sale as a fuel at a retail facility. In
                     fulfillment of the statute's five-year
                     review requirement, EPA has
                     conducted a thorough review of the list.
                     Based on that review,  EPA is proposing
                     additions, deletions and modifications
                     to the list of substances. Deletions are
                     based on EPA's review of the chemical
                     toxicity, physical property,
                     production/use quantity and accident
                     history of currently listed substances
                     and new information or erroneous data
that impacts the basis of the chemical's
listing. Other toxic and flammable
chemicals are proposed to be added
because they meet the criteria for
listing a toxic or flammable substance.
In addition, EPA proposes to revise the
reporting threshold and toxic endpoints
of several toxic substances based on
updated toxicity information. Facilities
(such as chemical manufacturers,
processors, and users), with more than
the threshold quantity of a listed
substance in a process, are required to
develop a Risk Management Program
and submit a Risk Management Plan to
EPA. The proposed changes to the list
will ensure that facilities are properly
managing risks of the most acutely
toxic and flammable chemicals that
could have an adverse impact on the
facility and surrounding community in
event of an accidental release.
Timetable:
                  Action
                                     Date
                  NPRM               To Be  Determined
                  Regulatory Flexibility Analysis
                  Required: No
                  Government Levels Affected: Federal,
                  State, Local, Tribal
                  Additional Information: SAN No. 4619
                  Sectors Affected: 325 Chemical
                  Manufacturing; 32411 Petroleum
                  Refineries
                  Agency Contact: Kathy Franklin,
                  Environmental Protection Agency,
                  Solid Waste and Emergency Response,
                  5104A, Washington, DC 20460
                  Phone: 202 564-7987
                  Fax: 202 564-8444
                  Email: franklin.kathy@epa.gov

                  Sicy Jacob, Environmental Protection
                  Agency, Solid Waste and Emergency
                  Response, 5104A, Washington, DC
                  20460
                  Phone; 202 564-8019
                  Fax: 202 564-8233
                  Email: jacob.sicy@epa.gov
                  RIN: 2050-AE96


                  3179. REVIEW NATIONAL AMBIENT
                  AIR QUALITY STANDARDS FOR
                  CARBON MONOXIDE
                  Priority: Other Significant
                  Legal Authority: 42 USC 7409
                  CFR Citation: 40 CFR 50
                  Legal Deadline: Final, Statutory, May
                  31, 2001, Clean Air Act requires
                  reviews every five years.

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                Federal Register/Vol. 68, No.  101/Tuesday, May 27,  2003/Unified Agenda
                                                                                     31023
EPA—Clean Air Act (CAA)
                                                                       Long-Term Actions
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date
NPRM            05/00/04
Final Action        05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation,  C504-02, RTF, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov

Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C504-02, RTF, NC 27711
Phone: 919 541-5271
Fax: 919 541-0237
Email:
richmond.harvey@epamail.epa.gov
RIN: 2060-AI43

3180.  REVIEW  OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates:  Undetermined
Legal  Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal  Deadline: Final, Statutory, July
1, 2002, Under the Clean Air Act - the
next standards  review is to be
completed July 2002.
Abstract: On July 18,1997, the EPA
published a final rule revising the
national ambient air quality standards
(NAAQS) for particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the  same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, anticipated that EPA would
complete the next review of the PM
NAAQS by July 2002. The EPA's plans
and schedule for the next periodic
review of the PM NAAQS were
published on October 23,1997 (62 FR
55201). Due to the unprecedented
volume of new research, the
completion of the Criteria Document
has been extended and as a result the
overall schedule for the review of the
PM NAAQS has extended beyond the
original target of July 2002. As with
other NAAQS reviews, a rigorous
assessment of relevant scientific
information will be presented in a
Criteria Document (CD)  prepared by
EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will then prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The CD and
SP will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public, and both final
documents will reflect the input
received through these reviews. As the
PM NAAQS review is completed, the
Administrator's proposal to revise or
reaffirm the PM NAAQS will be
published with a request for public
comment. Input received during the
public comment period  will be
reflected  in the Administrator's final
decision.

Timetable:
                  Action
                   Date
                  NPRM
                  Final Action
                 01/00/05
                 12/00/05
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: No

                  Government Levels Affected:
                  Undetermined

                  Additional Information: SAN No. 4255
Agency Contact: Mary A. Ross,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5170
Fax: 919 541-0237
Email: ross.mary@epa.gov

Karen Martin, Environmental Protection
Agency, Air and Radiation, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44


3181. 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: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide  exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2,1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded  the case so EPA could
explain its rationale more fully. EPA
published  a schedule for responding to
the remand in the May 5, 1998, Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing

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31024
                 Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean  Air Act  (CAA)
                                                                                            Long-Term  Actions
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 FR 1665). EPA is conducting
monitoring to evaluate sources of SO2
peaks. The results of this project will
inform the response  to the remand.
Timetable:
Action
                   Date
                  11/15/94  59 FR 58958

                  03/07/95  60 FR 12492
                  05/22/96  61FR25566

                  01/02/97  62FR210



                  05/05/98  63 FR 24782


                  01/09/01  66 FR 1665

                    To Be  Determined
NPRM NAAQS
  Review
NPRM NAAQS
  Implementation
  (Part 51)
Final Rule NAAQS
  Review
NPRM Revised
  NAAQS
  Implementation
  (Part 51)
Notice Schedule for
  Response to
  NAAQS Remand
Notice Informational
  FR Notice
Notice
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C504-02, RTF, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov

Karen Martin, Environmental Protection
Agency, Air and Radiation, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AA61


3182.  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, sub-part 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
NPRM
Final Action
09/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2841
Agency Contact: Philip B. Mulrine,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax:  919 541-5450
Email: mulrine.phil@epa.gov

Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax:  919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN:  2060-AH08


3183. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to  63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard  for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues.
Timetable:	
Action              Date
                                                                            ANPRM Petitions for
                                                                              Judicial Review-
                                                                              Dow, UCC, Exxon
                                                                            NPRM-Petitions for
                                                                              Judicial Review-
                                                                              Proposed Amend.
                                                                            NPRM-Petition for
                                                                              Reconsideration-
                                                                              Equipment Leaks
                                                                            NPRM-Petition for
                                                                              Reconsideration-
                                                                              Equipment Leaks
                                                                            Direct Final Rule-
                                                                              Petition for
                                                                              Reconsideration-
                                                                              Equipment Leaks
                                                                            Direct Final Rule-
                                                                              Petitions for Judicial
                                                                              Review-
                                                                              Amendments
                                                                            Direct Final Rule-Rule
                                                                              Stay
                                                                            Withdrawal of Direct
                                                                              Final Rule-Polymers
                                                                              and Resins
                                                                            NPRM-Petition for
                                                                              Reconsideration-
                                                                              Cooling Towers
                                                                            Final Rule-Denial of
                                                                              Petition for Judicial
                                                                              Review-Technical
                                                                              Correction
                                                                            Final-pet rec equ leaks
                                                                              Petition for
                                                                              Reconsideration-
                                                                              Equip. Leaks
                                                                            NPRM-Petition for
                                                                              Reconsideration-
                                                                              Cooling Towers
                                      11/25/96


                                      03/09/99


                                      06/08/99


                                      06/08/99


                                      06/08/99
                          61 FR 59849


                          64 FR 11559


                          64 FR 30453


                          64 FR 60456


                          64 FR 30406
                                      06/19/00 65 FR 38030
                                      08/29/00

                                      10/26/00


                                      02/23/01


                                      07/16/01
                          65 FR 52319

                          65 FR 64161


                          66 FR 11233


                          66 FR 36924
                                      08/06/01 66 FR 40903
                                      09/00/04

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified  Agenda
                                                                                                       31025
EPA—Clean Air Act (CAA)
                                                                                         Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone; 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47


3184. AMENDMENTS TO PARTS 51,
52, 63, 70 AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
Legal  Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal  Deadline: None
Abstract: This action proposes to
amend regulations already  established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
                   Date
                   To Be  Determined
                   To Be  Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: Undetermined
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: 202 564-8709
                                     Email: holmes.carol@epa.gov

                                     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
                                     3185. NSPS AND EMISSION
                                     GUIDELINES FOR OTHER SOLID
                                     WASTE INCINERATORS
                                     Priority: Other Significant
                                     Legal Authority: 42 USC 7509 CAA 129
                                     CFR Citation: 40 CFR 60
                                     Legal Deadline: 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
                                                       Date
                                     ANPRM
                                     NPRM
                                     Final Action
                 11/09/00 65 FR 66850
                 11/00/04
                 11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3751
Agency Contact: Fred L. Porter,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax:  919 541-5450
                                     Email: porter.fred@epa.gov
                                     RIN: 2060-AG31


                                     3186. PREVENTION OF SIGNIFICANT
                                     DETERIORATION OF AIR QUALITY:
                                     PERMIT APPLICATION REVIEW
                                     PROCEDURES FOR NON-FEDERAL
                                     CLASS I AREAS
                                     Priority: Other Significant
                                     Legal Authority: 42 USC 7670-7479
                                     CAA 160-169
                                     CFR Citation: 40 CFR 51.166; 40 CFR
                                     52.21
                                     Legal Deadline: None
                                     Abstract: Under the Clean Air Act's
                                     prevention of significant deterioration
                                     (PSD) program, a State or tribe may
                                     redesignate their lands as class I areas
                                     to provide enhanced protection for
                                     their air quality  resources. This rule
                                     will clarify the PSD permit review
                                     procedures for new and modified major
                                     stationary sources near these non-
                                     Federal class I areas. EPA seeks to
                                     develop clarifying PSD permit
                                     application procedures that are
                                     effective, efficient, and equitable.
                                     Timetable:
                                     Action
                   Date
                                     ANPRM
                                     NPRM
                                     Final Action
                 05/16/97 62 FR 27158
                 10/00/05
                 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epa.gov
RIN: 2060-AH01


3187. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
(SNAP)  PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) CAA 612
CFR Citation: 40 CFR 82; 40 CFR 9
Legal Deadline: None

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31026
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                           Long-Term Actions
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
NPRM 3
Final Rule 2
Notice 5
Final Rule 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM 9
NPRM 6
Final Rule 5
Notice 10
Notice 1 1
Notice 12
Final Rule 6
Notice 13
Notice 14
Date
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 491 08
01/13/95 60 FR 3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 51 383
02/08/96 61 FR 4736
05/22/96 61FR25604
05/22/96 61 FR 25585
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
12/18/00 65 FR 78977
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202  564-9163
                     Fax: 202 565-2155
                     Email: sheppard.margaret@epa.gov

                     Jeff Cohen, Environmental Protection
                     Agency, Air and Radiation, 6205J
                     Phone: 202 564-0135
                     Fax: 202 565-2095
                     Email: cohen.jeff@epa.gov
                     RIN: 2060-AG12


                     3188. PHASE I (FIP) 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: NPRM, Statutory,
                     January 25, 2003, EPA is required to
                     promulgate FIPs by January 25, 2003,
                     unless States submit approvable plans.
                     Abstract: This action would
                     promulgate Federal Implementation
                     Plans (FIPs) which require nitrogen
                     oxides (NOx) emissions decreases. 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 June
                     22, 2000, the D.C. Court of Appeals
                     assigned a new SIP submittal date of
                     October 30, 2000. Eleven States
                     (Virginia, West Virginia, Alabama,
                     Kentucky,  North Carolina, South
                     Carolina, Tennessee, Illinois, Indiana,
                     Michigan,  and Ohio) and the District
                     of Columbia had not submitted
                     adequate SIPs, as announced in a
                     findings rule published on December
                     26, 2000. All of these States have  since
                     submitted  approvable plans, except
                     Michigan.  We expect Michigan's plan
                     to be submitted soon. (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
 Date
NPRM
Findings Rule
Final Action
10/21/98  63 FR 56393
12/26/00  65 FR 81366
  To Be  Determined
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4096
Sectors Affected: 322122 Newsprint
Mills; 322121 Paper (except Newsprint)
Mills; 32213 Paperboard Mills; 32211
Pulp Mills; 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
Agency Contact: Doug Grano,
Environmental Protection Agency, Air

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                  31027
EPA—Clean Air Act (CAA)
                                                     Long-Term Actions
and Radiation, C539-02, 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, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AH87


3189.  NESHAP: OIL AND NATURAL
GAS PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On February 6, 1998 (63 FR
6287), 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 (64 FR
32609), we promulgated part of that
proposal — i.e., the parts dealing with
oil and gas production (major sources)
and natural gas transmission and
storage. In this action, we will publish
a supplemental proposal for the
remaining part of the 1998 proposal —
i.e., the part dealing with oil and gas
production glycol dehydrators (area
sources) — and subsequently
promulgate that proposal.
Timetable:
Action
                   Date
NPRM            02/06/98 63 FR 6287
Supplemental NPRM  06/00/04
Final Action        06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4162
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C435-D, 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AI13


3190. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart GG.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action              Date
NPRM
To Be  Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4653
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epamail.epa.gov

Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK08


3191.  NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES —
RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
                  Legal Deadline: Final, Statutory,
                  December 6, 2002.
                  Abstract: EPA developed technology-
                  based standards for this source category
                  under section 112(d) of the CAA. The
                  current action, required by section
                  112(f) of the CAA, is to assess residual
                  risks and develop additional emission
                  standards, as necessary, to provide an
                  ample margin of safety.
                  Timetable:
                  Action
                   Date
                  NPRM
                    To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4654
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-D, 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, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK09


3192.  NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final,  Statutory,
December 14, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The sources
covered are "Stage I" gasoline
distribution sources — i.e., sources of
air emissions from processes involved
with the wholesale distribution of
gasoline to gas stations.

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31028
Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                         Long-Term Actions
Timetable:
Action
   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4655
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK10


3193. NESHAP:  GROUP II POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
   Date
NPRM              To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C5 04-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov

RIN: 2060-AK13


3194. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS

Priority: Other Significant

Legal Authority: 42 USC 7412

CFR Citation: 40 CFR 63

Legal Deadline: Final,  Statutory,
September 30, 2002.

Abstract: A national emission standard
for hazardous air pollutants (NESHAP)
for industrial process cooling towers
(IPCT) was previously promulgated
under section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium-based water treatment
chemicals  in IPCT used to remove heat
from chemical or industrial processes.
The Clean Air Act section 112(f)
requires us to assess within 8 years of
promulgation of a NESHAP the
remaining risk to the public and to
develop additional more stringent
standards if such standards are needed
to protect the public health with an
ample margin of safety. This action is
to examine the remaining risk from
IPCT and,  if warranted, to develop new
risk based standards.

Timetable:
                     Action
                                       Date
                                     NPRM
                                                        To Be Determined
                     Regulatory Flexibility Analysis
                     Required: Undetermined

                     Government Levels Affected: None

                     Additional Information: SAN No. 4660

                     Agency Contact: Philip B. Mulrine,
                     Environmental Protection Agency, Air
                     and Radiation, C504-05, Research
                     Triangle Park, NC 27711
                     Phone: 919 541-5289
                     Fax: 919 541-5450
                     Email: mulrine.phil@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov

RIN: 2060-AK16
                                                          3195. NESHAP: NATIONAL EMISSION
                                                          STANDARDS FOR MARINE TANK
                                                          VESSEL LOADING OPERATIONS —
                                                          RESIDUAL RISK STANDARD

                                                          Priority: Substantive, Nonsignificant

                                                          Legal Authority: 42 USC 7412

                                                          CFR Citation: 40 CFR 63

                                                          Legal Deadline: Final, Statutory,
                                                          September 19, 2003, Final Action.

                                                          Abstract: EPA developed technology-
                                                          based standards for this source category
                                                          under section 112(d) of the CAA,
                                                          codified in 40 CFR part 63, subpart Y.
                                                          This source category covers tanks or
                                                          ships that contain gasoline, crude oil,
                                                          or HAPs in bulk. The current action,
                                                          required by section 112(f) of the CAA,
                                                          is to assess residual risks from this
                                                          same source category, and develop
                                                          additional emission standards, as
                                                          necessary, to provide an ample margin
                                                          of safety.

                                                          Timetable:
                                                          Action
                                                                             Date
                                                          NPRM
                                                                             To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: SAN No. 4661

Sectors Affected: 483 Water
Transportation

Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-D, 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, C435-D,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov

RIN: 2060-AK17

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                  31029
 EPA—Clean  Air  Act (CAA)
                                                     Long-Term Actions
3196. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA developed technology-
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standards,
as necessary, to provide an ample
margin of safety.
Timetable:	
Action             Date
NPRM              To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4662
Sectors Affected:  81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation,  C435-D, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK18

3197. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other  Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, June
23, 2003.
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
 for secondary lead smelting were
 promulgated on June 23, 1995, under
 Clean Air Act section 112(d). The
 standards establish emission limitations
 and work practice standards for all new
 and existing secondary lead smelters
 that produce refined lead from lead
 scrap, mainly lead acid batteries. Clean
 Air Act section 112(f) requires us to
 assess within 8 years of promulgation
 of a NESHAP the remaining risk to the
 public and to develop additional more
 stringent standards if such standards
 are needed to protect the public health
 with an ample margin of safety. This
 action is to examine the remaining risk
 from secondary lead smelters and to
 develop new risk based  standards, if
 warranted.
 Timetable:
Action
Date
NPRM               To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4665
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov

Steve  Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19


3198.  NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal  Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal  Deadline: Final, Statutory,
December 31, 2003.
Abstract: EPA developed technology-
based  standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart II.
This source category covers air-toxic
                   emissions from the painting, welding,
                   and sandblasting of ships under
                   construction or repair at major sources.
                   The current action, required by section
                   112(f) of the CAA, is to assess residual
                   risks from this same source category,
                   and develop additional emission
                   standards, as necessary, to provide an
                   ample margin of safety.
                   Timetable:
                  Action
                   Date
                  NPRM
                    To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4666
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C435-D, 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,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK20


3199.  NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final,  Statutory,
December 7, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJ.
This source category covers air-toxic
emissions from wood-furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.

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31030
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                          Long-Term Actions
Timetable:
Action
   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4667
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact:  Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK21
3200. NESHAP: HALOGENATED
SOLVENT CLEANING RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002.
Abstract: This action is required by the
CAA to assess residual risk and
develop standards as necessary to
provide an ample margin of safety.
Timetable:
Action
   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4668
Sectors Affected: 332999 All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
335999 All Other Miscellaneous
Electrical Equipment and Component
Manufacturing; 336999 All Other
Transportation Equipment
Manufacturing; 332116 Metal Stamping;
336 Transportation Equipment
Manufacturing; 339 Miscellaneous
Manufacturing; 332999 All Other
Miscellaneous Fabricated Metal Product
Manufacturing
Agency Contact: Paul A. Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK22


3201.  NESHAP:  MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 15, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f] of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
                     Action
                   Date
                     NPRM
                   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4669
Sectors Affected: 33461 Manufacturing
and Reproducing Magnetic and Optical
Media; 334613 Magnetic and Optical
Recording Media Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK23
                                                          3202. NESHAP: PRINTING AND
                                                          PUBLISHING INDUSTRY RESIDUAL
                                                          RISK STANDARDS
                                                          Priority: Substantive, Nonsignificant
                                                          Legal Authority: 42 USC 7412
                                                          CFR Citation: 40 CFR 63
                                                          Legal Deadline: Final, Statutory, May
                                                          30, 2004.
                                                          Abstract: EPA developed technology-
                                                          based standards for this source category
                                                          under section 112(d) of the CAA,
                                                          codified in 40 CFR part 63, subpart KK.
                                                          This source category covers air-toxic
                                                          emissions from many activities located
                                                          at printing and publishing facilities —
                                                          primarily the printing process itself,
                                                          plus affiliated equipment such as
                                                          cleaning, ink and solvent mixing,
                                                          chemical storage, and solvent recovery.
                                                          The current action, required by section
                                                          112(f) of the CAA, is to assess residual
                                                          risks from this same source category,
                                                          and develop additional emission
                                                          standards, as necessary, to provide an
                                                          ample margin of safety.
                                                          Timetable:
                                                          Action
                   Date
NPRM               To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4664
Sectors Affected: 322222 Coated and
Laminated Paper Manufacturing;
322212 Folding Paperboard Box
Manufacturing; 322221  Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
322225 Laminated Aluminum Foil
Manufacturing for Flexible Packaging
Uses; 322223  Plastics, Foil, and Coated
Paper Bag Manufacturing; 323111
Commercial Gravure Printing; 323112
Commercial Flexographic Printing;
323119 Other Commercial Printing

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                    31031
EPA—Clean Air Act (CAA)
                                                                       Long-Term Actions
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK24


3203.  NESHAP:  PETROLEUM
REFINERIES RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline:  Final, Statutory,
August 31, 2003.
Abstract: EPA developed technology-
based standards  for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart CC.
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks.  The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards,  as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
NPRM
                   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4663
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Robert Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov

Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov

RIN: 2060-AK25


3204. • NATIONAL EMISSION
STANDARDS FOR CHROMIUM
EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM
ELECTROPLATING AND CHROMIUM
ANODIZING TANKS — RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412

CFR Citation: 40 CFR 63

Legal Deadline: Final, Statutory,
January 25, 2003.

Abstract: A national emission standard
for chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks was
previously promulgated under section
112(d) of the Clean Air Act. That
standard set emission limits for
chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks. The Clean
Air Act section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from hard and decorative chromium
electroplating and  chromium anodizing
tanks and, if warranted, to develop new
risk based standards.
Timetable:
                  Action
                                     Date
                  NPRM
                   To Be Determined
                  Regulatory Flexibility Analysis
                  Required: No
                  Small Entities Affected: Businesses
                  Government Levels Affected: Federal,
                  State
                  Additional Information: SAN No. 4750
                  Agency Contact: Philip B. Mulrine,
                  Environmental Protection Agency, Air
                  and Radiation, C504-05, Research
                  Triangle Park, NC 27711
                  Phone: 919 541-5289
                  Fax: 919 541-5450
                  Email: mulrine.phil@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72


3205. • PETITION TO DELIST
HAZARDOUS AIR POLLUTANT: 4,4'-
METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's

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31032
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                          Long-Term  Actions
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.

Timetable:
                     Timetable:
Action
   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: No

Government Levels Affected:
Undetermined

Additional Information: SAN No. 4782

Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone: 919 541-2962
Fax:  919 541-0840
Email: rimer.kelly@epa.gov

David E, Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01
Phone: 919 541-5368
Fax:  919 541-0840
Email: guinnup.dave@epa.gov

RIN:  2060-AK84
3206. NESHAP: GROUP I POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 7401 et seq

CFR Citation: Not Yet Determined

Legal Deadline: Final, Statutory,
September 6, 2004.

Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart U.
This source category covers chemical
process units used to manufacture
elastomer products from raw materials.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
                     Action
                   Date
                     NPRM
                     Final Action
                   To Be Determined
                   To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4656
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AK12


3207.  NESHAP:  HAZARDOUS
ORGANIC NESHAP (HON) —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal  Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal  Deadline:  Final, Statutory, April
22, 2003.
Abstract: EPA developed technology-
based  standards  for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f)  of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. This rule will
cover  the major  sources of air emissions
within the synthetic organic  chemical
industry.
Timetable:
                     Action
                   Date
                     NPRM              To Be Determined
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: None
                     Additional Information: SAN No. 4659
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C435-D, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov

Penny E. Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AK14


3208.  NESHAP: GROUP IV POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 12, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112 (f) of the CAA,  is to
assess residual risks from this same
source category, and develop  additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
                                                          Action
                   Date
                                                          NPRM
                                                                             To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4658
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   31033
EPA—Clean  Air  Act (CAA)
                                                     Long-Term Actions
Penny E, Lassiter, Environmental
Protection Agency, Air and Radiation,
C435-D, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AK15


3209. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, The rulemaking
includes action on four separate
petitions. See Additional Information.
Abstract: In April through July 1999,
three northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
denned in EPA's NOx SIP call. The
EPA took rulemaking action on similar
petitions from eight other northeastern
States that were  submitted in 1997.
Timetable:
Action
                   Date
NPRM              To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4383
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99; Maryland - 01/01/00;
Delaware - 02/10/00; and District of
Columbia - 03/07/00.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, 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,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AI99


3210. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 752l(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
compliance with evaporative emission
requirements for light-duty vehicles
and trucks. The current test procedure
requires both two and three day diurnal
emission tests, as well as running-loss
testing. The revisions will delete the
three day requirement and add
flexibilities for running-loss
compliance. This will enable
manufacturers to save significant
resources without  any decrease in
environmental benefits.
Timetable:
Action
Date
Direct Final Rule      08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3910
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4450
Email: good.david@epa.gov
RIN: 2060-AH34
                   3211. • CONTROL OF HAZARDOUS
                   AIR POLLUTANTS FROM MOBILE
                   SOURCES

                   Priority: Other Significant. Major status
                   under 5 USC 801 is undetermined.

                   Unfunded Mandates: Undetermined

                   Legal Authority: 42 USC 7521

                   CFR Citation: 40 CFR Part 80; 40 CFR
                   Part 86

                   Legal Deadline:  None

                   Abstract: This rule  establishes
                   appropriate requirements, based on the
                   need for and feasibility of additional
                   requirements, to control hazardous air
                   pollutants ("air toxics") from motor
                   vehicles, nonroad engines and vehicles,
                   and their fuels. The Clean Air Act
                   requires EPA to periodically revise
                   such requirements. EPA committed to
                   this rulemaking in its March 29, 2001
                   rule, "Control of Emissions  of
                   Hazardous  Air Pollutants From Mobile
                   Sources." Motor vehicles are significant
                   contributors to national emissions of
                   several hazardous air pollutants. These
                   pollutants are known or suspected to
                   have serious health  or environmental
                   impacts. Reducing emissions of these
                   pollutants will reduce the risk to public
                   health and welfare.

                   Timetable:
                  Action
                   Date
                   NPRM
                   Final Action
                  07/00/04
                  07/00/05
Regulatory Flexibility Analysis
Required: Undetermined

Government Levels Affected: None

Federalism: Undetermined

Additional Information: SAN No. 4748

Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 4227 Petroleum
and Petroleum Products Wholesalers;
32411 Petroleum Refineries

Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460

Phone: 734 214-4584
Fax: 734 214-4050
Email: lieske.christopher@epa.gov

RIN: 2060-AK70

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31034
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified  Agenda
EPA—Clean Air Act (CAA)
                                                                         Long-Term Actions
3212, REVISIONS TO THE APPEAL
PROCEDURES AND THE FEDERAL
NOX BUDGET TRADING PROGRAM,
PARTS 78 AND 97
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 rule is a set of revisions
which will simplify and streamline the
interface between the existing Acid
Rain Program and the NOx Budget
Trading Program.
Timetable:
Action
   Date
NPRM            06/13/01  66 FR 31978
NPRM ECP-Comment 07/27/01  66 FR 39123
  Period Extended
Final Action        11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4682
Sectors Affected: 221111 Hydroelectric
Power Generation
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
RIN: 2060-AK36


3213. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM —
PART 71
Priority: Other Significant
Legal Authority: 42 USC 7661(a)(d)(3)
CFR Citation: 40 CFR 71.7
Legal Deadline: None
Abstract: The proposed regulatory
change would streamline permit
revisions procedures for stationary air
sources that are subject to the Federal
operating permits program.
Timetable:
Action
   Date
NPRM
Final Action
 06/00/06
 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C3 04-04, 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, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax:  919 541-5509
Email: hitte.steve@epa.gov
RIN:  2060-AG92


3214. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74lo(a)(2)(G);
42 USC 7603
CFR Citation: 40 CFR 51 app L; 40 CFR
51.150 to 51.153
Legal Deadline: None
Abstract: 40 CFR part 51.150-51.153
requires States to have contingency
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, O3, SO2, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e.,  alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
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.
                                                          Timetable:
                                                          Action
                   Date
                                                          NPRM
                                                          Final Action
                    To Be Determined
                    To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4247
Agency Contact: Tom Helms,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5527
Fax:  919 541-0824
Email: helms.tom@epamail.epa.gov

John Silvasi, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax:  919 541-0824
Email: silvasi.john@epa.gov
RIN: 2060-AI47


3215. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): CLEAN UNITS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This proposed rule would
revise the provisions for the clean unit
test contained in the major New Source
Review (NSR) requirements. This action
proposes to revise the length of the
clean unit designation  period contained
in the final NSR rules.  The current
rules allow for clean unit designation
to be used for 10 years provided the
source meets the requirements to
maintain clean unit status. This
proposed rule would recognize that the
average life expectancy of control
equipment is 15 years rather than the
10 years contained in the final  rules.
Permitting agencies and industry will
benefit from this action by potentially
reducing the number of future permit
actions. As a result, this action reduces
the compliance burden, including
annual compliance costs, for all sources

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                                                                                      31035
EPA—Clean  Air Act (CAA)
                                                                         Long-Term  Actions
subject to the major NSR program
requirements.
Timetable:
Action
Date
NPRM               To Be  Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4691
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C33903, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov

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-AK42


3216. • VOLUNTARY SUPERIOR
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 to  61; 40 CFR
63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The Emissions Measurement
Center of EPA's Office of Air Quality
Planning and Standards in Research
Triangle Park, NC is exploring a
regulatory option called "Voluntary
Superior Monitoring (VSM)." Under
this option, owners/operators of
industrial air pollution sources could
volunteer to conduct "superior"
monitoring which could range from
more frequent monitoring of emissions
to replacement of existing monitoring.
In return for conducting superior
monitoring, EPA will offer incentives
to these sources, such as less record
keeping and reporting, some flexibility
in control device or process operation,
or flexibility in averaging times for
determining compliance with the
standard. We are also planning to
provide guidance on how to implement
Voluntary Superior Monitoring and
what criteria industrial sources would
need to meet to be eligible for this
program. This rulemaking will be
beneficial for both industry and the
environment. Industry will be
encouraged to conduct better
monitoring which will potentially
allow them to monitor their processes
better, ensure their control equipment
is running efficiently,  and focus their
maintenance practices. As a result  of
this improved monitoring by industry,
we expect that air emissions will be
reduced significantly. Industry will also
be better able to demonstrate
compliance with data  collected from
the superior monitoring. These data
will also demonstrate to citizens that
an industry is in compliance and, thus,
a "good neighbor." We expect this  rule
to be implemented through the
operating permits program which will
involve state and local air pollution
control agencies and the EPA regional
offices. Instead of revising each
individual New Source Performance
Standard (NSPS) and National Emission
Standards for Hazardous Air Pollutant
(NESHAP) to  incorporate superior
monitoring provisions, we envision
proposing this regulatory option by
revising the general provisions to parts
60, 61, and 63. The general provisions
contain monitoring, testing,
recordkeeping, reporting, and other
requirements  common to all NSPS
and/or NESHAP. In addition, we
believe that the operating permit
program in parts 70 and 71 will need
to be modified to allow this approach.
Timetable:
                   Action
                   Date
                   NPRM
                    To Be  Determined
                   Regulatory Flexibility Analysis
                   Required: No
                   Small Entities Affected: No
                   Government Levels Affected: Federal,
                   State, Local, Tribal
                   Additional Information: SAN No. 4783
                   Sectors Affected: 321 Wood Product
                   Manufacturing; 322 Paper
                   Manufacturing; 323 Printing and
                   Related Support Activities; 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; 336 Transportation
                   Equipment Manufacturing; 337
Furniture and Related Product
Manufacturing; 221 Utilities
Agency Contact: Dan Bivins,
Environmental Protection Agency, Air
and Radiation, D205-02, Washington,
DC 20460
Phone: 919 541-5244
Fax:  919 541-0516
Email: bivins.dan@epa.gov

Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, D205-02
Phone: 919 541-5635
Fax:  919 541-0516
Email: parker.barrett@epa.gov
RIN:  2060-AK85


3217. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR GEORGIA-PACIFIC
CORPORATION 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,

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Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                        Long-Term Actions
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,

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4471

Sectors Affected: 32211 Pulp Mills;
32211 Pulp Mills

Agency Contact: David Beck,
Environmental Protection Agency,
Office of the Administrator, E14302,
Research Triangle Park, NC 27711
Phone: 919 541-5421
Email: beck.david@epa.gov

RIN: 2090-AA26
                    3218. NEW JERSEY GOLD TRACK
                    PROJECT XL RULE
                    Priority: Substantive, Nonsignificant
                    Legal Authority: Clean Air Act;
                    Resource Conservation and Recovery
                    Act

                    CFR Citation: 40 CFR 50; 40 CFR 51;
                    40 CFR 261; 40 CFR 262; 40 CFR 264;
                    40 CFR 265; 40 CFR 270

                    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
be able to offer federal regulatory
flexibility to Gold Track participants.
Timetable:
Action
 Date
NPRM
Final Action
04/16/02 67 FR18528
  To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4533
Agency Contact: Chad Carbone,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2178
Fax: 202 566-2200
Email: carbone.chad@epa.gov

Stan Siegel, Environmental Protection
Agency, Office of the Administrator,
New York, NY 10007-1866
Phone: 212 637-3701
Email: siegel.stan@epa.gov
RIN: 2090-AA28
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
                                                                        Completed Actions
3219. EMISSIONS FROM NONROAD
SPARK-IGNITION ENGINES AND
STANDARDS FOR RECREATIONAL
SPARK-IGNITION ENGINES

Priority: Economically Significant.
Major under 5 USC 801.

CFR Citation: 40 CFR 94

Completed:	
Reason             Date
Final Action
Regulatory Flexibility Analysis
Required: Yes

Government Levels Affected: None

Agency Contact: Alan Stout
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epa.gov

Don Kopinski
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov

RIN: 2060-AI11
                    3220. PROTECTION OF
                    STRATOSPHERIC OZONE:
                    ALLOWANCE SYSTEM FOR
                    CONTROLLING HCFC PRODUCTION,
                    IMPORT AND EXPORT

                    Priority: Substantive, Nonsignificant

                    CFR Citation: 40 CFR 82.5(h); 40 CFR
                    82.6(h); 40 CFR 82.8; 40 CFR 82.4(n)
                    to 82.4(s); 40 CFR 82.4(u)

                    Completed:
 11/08/02  67 FR 68242  Reason
                                                      Date
                                    Final Action
                                     01/21/03  68 FR 2820
                    Regulatory Flexibility Analysis
                    Required: No

                    Government Levels Affected: None

                    Agency Contact: Vera Au
                    Phone: 202 564-2216
                    Fax: 202 565-2156
                    Email: au.vera@epa.gov

                    Tom Land
                    Phone: 202 564-9185
                    Fax: 202 565-2155
                    Email: land.tom@epamail.epa.gov

                    RIN: 2060-AH67
3221. FEDERAL PLAN
REQUIREMENTS FOR SMALL
MUNICIPAL WASTE COMBUSTION
UNITS CONSTRUCTED ON OR
BEFORE AUGUST 30, 1999

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 62

Completed:             	
Reason
                   Date
                                                                        Final Action
                                                                          01/31/03 68 FR 5144
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Local

Agency Contact: Lalit Banker
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov

RIN: 2060-AJ46
3222. PAPER AND OTHER WEB
COATING NESHAP

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 59; 40 CFR 63

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                Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                 31037
EPA—Clean Air Act (CAA)
                                                                     Completed Actions
Completed:
Reason Date
Email: anderson.robin@epa.gov
RIN: 2060-AI90
Completed:
Reason

Date
•ii/nfi/no CT CD 7oeon
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Paul A. Almodovar
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov

Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG58


3223. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
Final Action         01/16/03 68 FR 2227
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: JoLynn Collins
Phone: 919 541-5671
Fax: 919 541-0246
Email: collins.jolynn@epa.gov

Kent C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13


3224. AMEND SUBPART H AND I, 40
CFR PART 61, FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 61.93(a); 40 CFR
Completed:
Reason
Date
Final Action        09/09/02 67 FR 57159
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Robin Anderson
Phone: 202 564-9385
Fax: 202 565-2065
                  3225. NESHAP: FRICTION MATERIALS
                  MANUFACTURING
                  Priority: Substantive, Nonsignificant
                  CFR Citation: 40 CFR 63
                  Completed:
                  Reason
                  Date
                  Final Action
                 10/18/02 67 FR 64498
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Kevin Cavender
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov

Steve  Fruh
Phone: 919 541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ18


3226.  NESHAP: PESTICIDES ACTIVE
INGREDIENTS — AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
                  Reason
                  Date
                  Final Action
                 09/20/02 67 FR 59336
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov

Penny E. Lassiter
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ34


3227. NESHAP: PORTLAND CEMENT
MANUFACTURING INDUSTRY,
AMENDMENTS TO RULE TO
IMPLEMENT SETTLEMENT
AGREEMENT

Priority:  Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1340 to
63.1359
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Keith Barnett
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov

James U. Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ57


3228.  NESHAP: PUBLICLY OWNED
TREATMENT WORKS (POTW) —
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
                                                                       Reason
                                                                       Date
Final Action         10/21/02 67 FR 64742
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Robert Lucas
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov

Kent C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ66


3229. MODIFICATION OF SOURCE
CATEGORY LISTING FOR SEVEN
SPECIFIC POLLUTANTS — CAA
SECTION 112(C)(6)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 63
Completed:
                                                                       Reason
                                                                                         Date
                                                     Notice            11/08/02 67 FR 68124
                                                     Regulatory Flexibility Analysis
                                                     Required: No
                                                     Government Levels Affected: None
                                                     Agency Contact: Ellen Wildermann
                                                     Phone: 919 541-5408
                                                     Fax: 919 541-0942

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Federal Register/Vol. 68,  No. 101/Tuesday, May 27,  2003/Unified  Agenda
EPA—Clean  Air Act (CAA)
                                                                      Completed  Actions
Email: wildermann.ellen@epa.gov

Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov

RIN: 2060-AK34
3230. NESHAP: REVISION OF AREA
SOURCE CATEGORY LIST UNDER
SECTION 112(C)(3) AND
Priority: Info./Admin./Other

CFR Citation: 40 CFR 63

Completed:
Reason
                  Date
Notice Second group  11/22/02 67 FR 71427

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Agency Contact: Barbara Driscoll
Phone: 919 541-1051
Fax: 919 541-0942
Email: driscoll.barbara@epa.gov

Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epamail.epa.gov

RIN: 2060-AK40
3231. SITE-SPECIFIC RULE FOR
WEYERHAUSER SULFITE MILL

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 63

Completed:
Reason
   Date
Direct Final Rule
 02/18/03  68 FR 7706
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Agency Contact: Jeffrey Telander
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov

James U. Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov

RIN: 2060-AK53
                    3232. PREVENTION OF SIGNIFICANT
                    DETERIORATION (PSD) AND
                    NONATTAINMENT  NEW SOURCE
                    REVIEW (NSR): BASELINE EMISSIONS
                    DETERMINATION, ACTUAL-TO-
                    FUTURE-ACTUAL METHODOLOGY,
                    PLANTWIDE APPLICABILITY
                    Priority: Other Significant
                    CFR Citation: 40 CFR 51.160 to 51.166;
                    40 CFR 52.21
                    Completed:
                                   Reason
                                      Date
                    Final Action         12/31/02 67 FR 80186
                    Regulatory Flexibility Analysis
                    Required: No
                    Government Levels Affected: Federal,
                    State, Local
                    Agency Contact: Lynn Hutchinson
                    Phone: 919 541-5795
                    Fax: 919 541-5509
                    Email: hutchinson.lynn@epa.gov

                    RIN: 2060-AEll


                    3233. CONTROL OF EMISSIONS OF
                    AIR POLLUTION FROM NEW MARINE
                    COMPRESSION-IGNITION ENGINES
                    AT OR ABOVE 30 LITERS PER
                    CYLINDER
                    Priority: Other Significant
                    CFR Citation: 40 CFR 94
                    Completed:
                                    Reason
                                                     Date
Final Action         02/28/03 68 FR 9746
Final Action Effective  04/29/03

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Federal

Agency Contact: Jean Marie Revelt
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov

Pat Scoville
Phone: 202 564-1101
Fax: 202 564-1342
Email: scoville.pat@epamail.epa.gov

RIN: 2060-AJ98


3234. REDUCTION  OF THE AMBIENT
AIR MONITORING FINE PARTICULATE
COLLOCATED PRECISION
REQUIREMENT

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 58
                                   Completed:
                                   Reason
                                                     Date
                                   Direct Final Rule     12/31/02 67 FR 80326
                                   Regulatory Flexibility Analysis
                                   Required: No
                                   Government Levels Affected: State,
                                   Local
                                   Agency Contact: Michael Papp
                                   Phone: 919 541-2408
                                   Fax: 919 541-1903
                                   Email: papp.michael@epa.gov

                                   Tim Hanley
                                   Phone: 919 541-4417
                                   Fax: 919 541-1903
                                   Email: hanley.tim@epamail.epa.gov
                                   RIN: 2060-AK05


                                   3235. PROTECTION OF
                                   STRATOSPHERIC OZONE: LISTING
                                   OF SUBSTITUTES FOR OZONE-
                                   DEPLETING SUBSTANCES
                                   Priority: Substantive, Nonsignificant
                                   CFR Citation: 40 CFR 82
                                   Completed:	
                                   Reason
                                                     Date
Direct Final Action    01/27/03 68 FR 4003
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Bella Maranion
Phone: 202 564-9749
Fax: 202 565-2155
Email: maranion.bella@epa.gov

Jeff Cohen
Phone: 202 564-0135
Fax: 202 565-2095
Email: cohen.jeff@epa.gov
RIN: 2060-AK30


3236. PROTECTION OF
STRATOSPHERIC OZONE:
ADDITIONAL RECONSIDERATION OF
PETITION CRITERIA AND
INCORPORATION OF MONTREAL
PROTOCOL DECISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:        	
                                                        Reason
                                                                          Date
                                                        Final Action        12/31/02  67 FR 79861
                                                        Regulatory Flexibility Analysis
                                                        Required: No
                                                        Government Levels Affected: None

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               Federal Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                                 31039
EPA—Clean Air Act (CAA)
                                                                     Completed Actions
Agency Contact: Suzanne Kocchi
Phone: 202 564-5289
Fax: 202 565-2155
Email: kocchi.suzanne@epa.gov

Tom Land
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK44


3237. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2003
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4
Completed:
Reason
 Date
NPRM
Final Action
11/06/02 67 FR 67581
12/27/02 67 FR 79508
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Erin Birgfeld
Phone: 202 564-9079
Fax: 202 565-2155
Email: birgfeld.erin@epa.gov
RIN: 2060-AK48


3238. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT APPLICATIONS OF
METHYL BROMIDE
Priority: Other Significant
CFR Citation: 40 CFR 82.1 to 82.13
Completed:
Reason
 Date
Final Action        01/02/03  68FR237
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tom Land
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AI42
                   3239. 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
Direct Final Rule 40  03/01/01  66 FR 12872
  CFR 70 and 71
  (Revisions)
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: 919 541-0516
Email: parker.barrett@epa.gov
RIN: 2060-AJ04


3240. REVISION TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
                   Reason
                                    Date
Direct Final Rule     11/05/01  66 FR 55885
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None

Agency Contact: Jeffrey A. Herzog
Phone: 734 214-4227
Fax: 734 214-4051
Email: herzog.jeff@epa.gov

Andrea Medici
Phone: 202 564-5634
Fax: 202 564-5653
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AJ69
                                   3241. CONTROL OF AIR POLLUTION
                                   FROM NEW MOTOR VEHICLES;
                                   SECOND AMENDMENT TO THE TIER
                                   2/GASOLINE SULFUR REGULATIONS

                                   Priority: Substantive, Nonsignificant

                                   CFR Citation: 40 CFR 80; 40 CFR 86

                                   Completed:
                                   Reason
                  Date
Direct Final Rule and  06/12/02 67 FR 40169
  Concurrent NPRM

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Agency Contact: Mary Manners
Phone: 734 214-4873
Fax: 734 214-4051
Email: manners.mary@epa.gov

Robin Moran
Phone: 734 214-4781
Fax: 734 214-4816
Email: moran.robin@epamail.epa.gov

RIN: 2060-AJ71
                                                      3242. AMENDMENT TO THE HEAVY-
                                                      DUTY ENGINE AND VEHICLE
                                                      STANDARDS AND HIGHWAY DIESEL
                                                      FUEL SULFUR REGULATIONS

                                                      Priority: Substantive, Nonsignificant

                                                      CFR Citation: 40 CFR 69; 40 CFR 80;
                                                      40 CFR 86

                                                      Completed:
                                                      Reason
                                                     Date
                                                      Direct Final Rule
                                                    06/12/02 67 FR 40169
Regulatory Flexibility Analysts
Required: No

Government Levels Affected: None

Agency Contact: Mary Manners
Phone: 734 214-4873
Fax: 734 214-4051
Email: manners.mary@epa.gov

Christine M. Brunner
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov

RIN: 2060-AK47

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31040
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
Environmental  Protection Agency  (EPA)
Atomic Energy Act (AEA)
                                                                               Prerule Stage
3243. 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
Action
NPRM
Final Action
 Date
12/00/03
12/00/04
                     ANPRM
                                      05/00/03
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
Environmental  Protection Agency (EPA)
Atomic Energy Act (AEA)
                                                                       Proposed  Rule Stage
3244. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR PART
190, SUBPART B AND 40 CFR 191,
SUBPART A

Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
                     Transuranic Waste The current
                     methodology is outdated. The dose
                     methodology used in the rule published
                     on September 19, 1985, was based on
                     the target organ approach
                     recommended by the International
                     Commission on Radiological Protection
                     (ICRP) in Report i2. Since that time
                     science has progressed and a new
                     methodology based on an effective dose
                     equivalent approach is currently being
                     recommended by the ICRP in Report
                     i26. This action would update the 40
                     CFR 191, subpart A dose limits
                     published in 1985 from the target organ
                     to the state-of-the-art effective dose
                     equivalent system. There would be no
                     change  in the level of protection, just
                     the scientific methodology for
                     determining compliance with the levels
                     of protection established in 1985.
Timetable:
Action
                   Date
NPRM
05/00/03
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
Environmental  Protection Agency (EPA)
Atomic Energy Act (AEA)
                                                                            Final  Rule Stage
3245. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: 106 Stat 4777 as
amended by the 1996 LWA
Amendments; PL 102-579; PL 104-201;
Waste Isolation Pilot Plant Land
Withdrawal Act of 1992
CFR Citation: 40 CFR 194.8(b)
                     Legal Deadline: None

                     Abstract: EPA is proposing several
                     revisions to the compliance criteria in
                     40 CFR part 194: (1) addition of a
                     process for making minor changes to
                     the provisions of the Compliance
                     Criteria (194.6); (2) changes to the
                     approval process for waste
                     characterization programs at the
                     Department of Energy transuranic
(TRU) waste sites (194.8(b)); (3) changes
to allow for submission of compliance
applications and reference materials in
alternative format (e.g., compact disk)
(194.12 and 194.13); and replacement
of the term "process knowledge" with
"acceptable knowledge." The second
item is the most significant change.
Section 194.8(b) requires EPA to
inspect TRU waste sites on a waste
stream basis, and to initiate a notice-

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                 Federal Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
                                                                   31041
EPA—Atomic Energy Act (AEA)
                                                        Final Rule Stage
and-comment process for each
inspection. If a site receives our
approval to ship a single waste stream
or group of waste streams, that site
cannot ship a different waste stream
until we perform an additional 194.8(b)
inspection. Based on actual site
inspection experience, we have learned
that for regulatory purposes emphasis
is better placed on the processes used
to characterize the wastes streams
rather than on the particular waste
streams themselves. Also, we had
witnessed DOE's capacity to properly
characterize numerous waste streams at
different waste generator sites. On this
basis, we are proposing to alter the
waste characterization approval process
so that only one approval would be
issued per site. EPA will assign
reporting requirements for waste
characterization activities and specify
any limitations that would necessitate
additional inspections. The purpose of
the proposed revisions to 194.8(b) is to
achieve process and resources
efficiencies while maintaining our
confidence in DOE's technical
capability to characterize wastes
destined for the Waste Isolation Pilot
Plant.
Timetable:
Action
  Date
NPRM
Final Action
08/09/02 67 FR 51930
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: SAN No. 4403

Agency Contact: Raymond Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-7738
Fax: 202 565-2062
Email: lee.raymond@epa.gov

Agnes Ortiz, Environmental Protection
Agency, Air and Radiation, 6608J,
Washington, DC 20460
Phone: 202 564-9466
Email: ortiz.agnes@epa.gov

RIN: 2060-AJ07
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act  (FIFRA)
                                                            Prerule Stage
3246. ENDOCRINE DISRUPTOR
SCREENING PROGRAM; PRIORITY
SETTING CRITERIA
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: None
Abstract: EPA published a proposed
policy statement in the Federal Register
setting forth the Endocrine Disruptor
Screening Program on December 28,
1998. In that FR Notice, the Agency
described the major elements of the
Program EPA had developed to comply
with the requirements of FFDCA
section 408(p) as amended by FQPA.
One of those elements is Priority
Setting which was defined as the
collection, evaluation, and  analysis of
relevant information to determine the
general order in which chemical
substances and mixtures will be
subjected to screening and  testing.
Under this current action, EPA is
developing a priority setting approach
to be used by the Agency to identify
the initial list of chemicals for which
Tier 1 testing will be required. On
December 30, 2002, EPA published in
the Federal Register for public
comment a proposed chemical selection
approach for this initial list of
chemicals. The public comment period
on this proposed approach was
extended to April 1, 2003, in a Federal
Register notice dated February 26,
2003. Following consideration of
comments on this proposed approach,
EPA will issue a Federal Register notice
setting forth its final approach for
selecting the first group of chemicals
and the chemicals it proposes for this
initial list. Although this action is not
a rulemaking, the Agency has included
it in the Regulatory Agenda to help
inform the public.

Timetable:
Action
 Date
Notice-Request for    12/30/02 67 FR 79611
  Comment on
  Proposed Approach
Notice-Extension of   02/26/03 68 FR 8901
  Comment Period
Notice-Final Priority   12/00/03
  Setting Approach for
  Initial List of
  Chemicals

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4727

Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202  564-8469
Fax: 202 564-8482
Email: schweer.greg@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7201M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8482
Email: timm.gary@epamail.epa.gov
RIN: 2070-AD59


3247. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Priority: Other Significant
Legal Authority: 5 USC 301; 7 USC
136a;  7 USC 136w; 15 USC 2603; 21
USC 346a; 42 USC 300v-l(b); 42 USC
7601; 33 USC 1361;  42 USC 9615; 42
USC 11048; 42 USC 6912; 42 USC 300J-
9
CFR Citation: 40 CFR 26 (Revision)
Legal Deadline: None
Abstract: EPA is evaluating its current
policy with respect to the protection of
human research subjects in testing not
conducted or supported by the Agency.
Current EPA regulations in 40 CFR part
26 apply to research conducted or
supported by the Agency or "otherwise
subject to regulation." No action has
been taken yet to give effect to the
"otherwise subject to regulation"
phrase. In addition, EPA has asked the
advice of the National Academy of
Sciences (NAS) on several issues
surrounding the acceptability and
interpretation of third party studies
involving deliberate dosing of human
subjects for the purpose of defining or

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31042
                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Federal Insecticide, Fungicide,  and  Rodenticide Act (FIFRA)
                                                                                                 Prerule Stage
quantifying toxic endpoints. EPA will
seek public comment on issues related
to Agency use of human research data
in its regulatory decisionmaking. EPA
believes the process being initiated will
serve two important Agency goals:
ensuring the availability of sound and
appropriate scientific data in its
decisions, and protection of the
interests, rights and safety of human
research subjects. EPA may issue one
or more documents, which may include
policy statements, rulemaking or
requests for public comment.
Timetable:
Action
                   Date
                  05/07/03 68 FR 24410
                  08/05/03
ANPRM
ANPRM Comment
  Period End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4610
Docket No. OPP-2003-0132
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://www.epa.gov/fedrgstr/EPA-
GENERAL/2003/May/Day-
07/gl 1002 .htm
Agency Contact: Bill Jordan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, H-7501C, 7501C,
Washington, DC 20460
Phone: 703 305-1049
Fax: 703 308-4776
Email: jordan.william@epa.gov

John Carley, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7501C
Phone: 703 305-7019
Fax: 703 305-5060
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57


3248. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority: Other Significant
Legal Authority: 7 USC 136p; 7 USC
136w
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will publish a Federal
Register notice announcing a limited
pilot to test two potential
improvements to the pesticide
emergency exemption process under
section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). EPA has established
regulations under section 18 of FIFRA
which allow a Federal or State agency
to apply for an emergency exemption
to allow an unregistered use of a
pesticide for a limited time when such
use is necessary to alleviate an
emergency condition. The notice will
initiate the limited pilot, solicit public
comment on the two streamlining
improvements being piloted as well as
a third potential improvement to allow
exemptions for the purpose of pest
resistance management, and announce
EPA's plan to later issue a proposed
rule addressing these potential
improvements. The three improvements
contemplated are based on
recommendations from the States,
which are the primary applicants for
emergency exemptions,  and refined
based on informal input from a variety
of other stakeholders.

Timetable:
                                                                           Email: frane.jean@epa.gov
                                                                           RIN: 2070-AD36
                                     Action
                   Date
                                      Notice             04/24/03  68 FR 20145
                                      Comment Period End  06/23/03
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: No
                                      Government Levels Affected: Federal,
                                      State
                                      Additional Information: SAN No. 4216
                                      Docket No. OPP-2002-0231
                                      Sectors Affected: 9241 Administration
                                      of Environmental Quality Programs
                                      URL For More Information:
                                      http://www.epa.gov/fedrgstr/EPA-
                                      PEST/2003/April/Day-24/pl0169.htm
                                      Agency Contact: Joe Hogue,
                                      Environmental Protection Agency,
                                      Office of Prevention, Pesticides and
                                      Toxic Substances, 7506C, Washington,
                                      DC 20460
                                      Phone: 703 308-9072
                                      Fax: 703 305-5884
                                      Email: hogue.joe@epa.gov

                                      Jean M. Frane, Environmental
                                      Protection Agency, Office of
                                      Prevention, Pesticides and Toxic
                                      Substances, 7506C
                                      Phone: 703 305-5944
                                      Fax: 703 305-5884
3249. • PESTICIDE WORKER
PROTECTION RULE (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 7 USC 135
CFR Citation: 40 CFR 156; 40 CFR 170
Legal Deadline: None
Abstract: On August 21, 1992, the
Environmental Protection Agency (EPA)
issued final revisions to the Worker
Protection Standards governing the
protection of workers from agricultural
pesticides. These revised regulations
expand the scope of the standards to
include not only workers performing
hand labor operations in fields treated
with pesticides, but employees in
forests, nurseries, and greenhouses and
employees who handle (mix, load,
apply, etc.) pesticides for use in these
locations. The revised regulations
became effective January 1, 1995, and
are applicable to agricultural farm
workers and pesticide handlers working
on farms, forests, nurseries, and
greenhouses. In 1995 and 1996, the
standards were amended to address
specific concerns of the regulation
community.
This new entry in the regulatory agenda
announces that EPA will review this
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). EPA solicits comments  on the
continued need for the rule; the
complexity of the rule; the extent to
which it overlaps, duplicates, or
conflicts with other Federal, State, or
local government rules; and the degree
to which technology, economic
conditions, or other relevant factors
have changed since the rule was
promulgated.
In submitting comments, please
reference Docket ID number OPP-2003-
0115, and follow the instructions
provided in Unit H. of the preamble
to the Spring Regulatory Agenda.
Timetable:
                                      Action
                   Date
                                      Begin Review       05/00/03
                                      End Comment Period 07/00/03
                                      End Review        12/00/03
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: No

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                Federal Register/Vol.  68, No. 101/Tuesday,  May 27, 2003/Unified  Agenda
                                                                   31043
EPA—Federal Insecticide, Fungicide,  and  Rodenticide  Act (FIFRA)
                                                           Prerule Stage
Government Levels Affected: None
Additional Information: SAN No. 4789
Sectors Affected: ill Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
Agency Contact: Donald Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone; 703 305-5062
Email:
eckerman.donald@epamail.epa.gov
Kathy Davis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C
Phone: 703 308-7002
Email: davis.kathy@epamail.epa.gov

RIN: 2070-AD66
Environmental Protection Agency (EPA)
Federal  Insecticide, Fungicide, and  Rodenticide  Act (FIFRA)
                                                   Proposed  Rule Stage
3250. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of conventional  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 will cover the data
requirements for environmental fate,
ecological effects, product chemistry,
residue chemistry, and human health
and exposure data requirements for
conventional pesticides.
Timetable:	
Action              Date
NPRM-Product      08/00/03
  Chemistry and
  Human Health
  Portions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:  Federal
Additional Information: SAN No. 2687
Sectors Affected:  32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa L. 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 M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov

RIN: 2070-AC12


3251. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS

Priority: Substantive, Nonsignificant

Legal Authority: 7 USC 136a; 7 USC
136c; 7 USC 136w

CFR Citation: 40 CFR 158

Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all
antimicrobial data requirements to
reflect current practice.
Timetable:
Action
                   Date
NPRM
                  09/00/03
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
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AD30


3252. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements necessary to register a
biochemical or microbial pesticide
product. The revisions will codify data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology and
environmental fate and effects. The
revision will not include plant
incorporated protectants.
Timetable:	
Action              Date
                                     NPRM
                  09/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4596
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460

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31044
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Federal Insecticide, Fungicide,  and Rodenticide  Act (FIFRA)
                                                                       Proposed Rule Stage
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@epa.gov

Jean M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Kftti 2070-AD51


3253. ENDOCRINE DISRUPTER
SCREENING PROGRAM;
IMPLEMENTING SCREENING AND
TESTING PHASE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17)  SDWA; 7.USC 136 FIFRA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The screening and testing
phase of the Endocrine Disrupter
Screening  Program (EDSP) potentially
will encompass  a broad range of types
of chemicals, including pesticide
chemicals, TSCA chemicals, chemicals
that may be found in sources of
drinking water, chemicals that may
have an effect that is cumulative to the
effect of a pesticide chemical,
chemicals  that are both pesticide
chemicals  and TSCA chemicals, and
other chemicals  that are combinations
of these types of chemicals. This
proposed rule will describe EPA's
proposed procedures and processes that
EPA will use when implementing the
screening and testing phase of the
EDSP. Specifically, depending on
decisions that the Agency makes
regarding implementation of the testing
phase of the EDSP, the proposed rule
will describe the authorities that it may
invoke to require testing and, if
necessary,  establish the process that the
Agency will use to require the testing.
Timetable:
Action
                   Date
NPRM-Proposed     12/00/03
  Procedural Rule
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4728
                     Agency Contact: Jane Smith,
                     Environmental Protection Agency,
                     Office of Prevention, Pesticides and
                     Toxic Substances, 7201M, Washington,
                     DC 20460
                     Phone: 202 564-8476
                     Fax: 202 564-8483
                     Email: smith.jane@epa.gov

                     Joe Nash, Environmental Protection
                     Agency, Office of Prevention, Pesticides
                     and Toxic Substances, 7201M,
                     Washington, DC 20460
                     Phone: 202 564-8886
                     Fax: 202 564-8483
                     Email: nash.joseph@epa.gov
                     RIN: 2070-AD61


                     3254. • ENDANGERED SPECIES AND
                     PESTICIDE REGULATION
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 16 USC 1531 et seq
                     CFR Citation: 50 CFR 402
                     Legal Deadline: None
                     Abstract: This notice will focus on
                     regulations and policies affecting the
                     process for consultation between EPA
                     and the Fish and Wildlife Service and
                     the National Marine Fisheries Service
                     regarding EPA actions in its pesticide
                     regulatory program under the Federal
                     Insecticide, Fungicide and Rodenticide
                     Act (FIFRA). It will seek public
                     comment  on changes to  current
                     regulations, policies and practices of
                     the EPA and Services to better integrate
                     the FIFRA and Endangered Species Act
                     processes and to improve the efficiency
                     and effectiveness of consultations on
                     pesticide actions to ensure that species
                     that are Federally listed  or proposed as
                     threatened or endangered and their
                     proposed  or designated critical habitat
                     are appropriately protected.
                     Timetable:
                     Action
Date
                     ANPRM           01/24/03 68 FR 3785
                     NPRM            06/00/03
                     Regulatory Flexibility Analysis
                     Required: Undetermined
                     Small Entities Affected: Governmental
                     Jurisdictions
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Federalism: Undetermined
                     Additional Information: SAN No. 4767
                     Agency Contact: Arty Williams,
                     Environmental Protection Agency,
                   Office of Prevention, Pesticides and
                   Toxic Substances, 7506C, Washington,
                   DC 20460
                   Phone: 703 305-5239
                   Email: williams.arty@epamail.epa.gov

                   Jean M. Frane, Environmental
                   Protection Agency, Office of
                   Prevention, Pesticides and Toxic
                   Substances, 7506C
                   Phone: 703 305-5944
                   Fax: 703 305-5884
                   Email: frane.jean@epa.gov
                   RIN: 2070-AD62


                   3255. PESTICIDES; PROCEDURES
                   FOR THE REGISTRATION REVIEW
                   PROGRAM
                   Priority: Substantive, Nonsignificant
                   Legal Authority: 7 USC 136a (g); 7 USC
                   136w
                   CFR Citation: Not Yet Determined
                   Legal Deadline: None
                   Abstract: The Agency will establish
                   procedures to implement section 3(g) of
                   the Federal Insecticide, Fungicide and
                   Rodenticide Act (FIFRA) which
                   provides for periodic review of
                   pesticide registrations. The goal of
                   these regulations is to review a
                   pesticide's registration every 15 years.
                   Timetable:
                  Action
                   Date
                  ANPRM
                  NPRM
                  04/26/00 65 FR 24586
                  12/00/03
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
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov

Jean M.  Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   31045
EPA—Federal Insecticide, Fungicide, and  Rodenticide Act (FIFRA)
                                                   Proposed  Rule Stage
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29
3256. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
pesticide regulation medical devices
treated with antimicrobial pesticides.
EPA has determined that these treated
medical devices are adequately
regulated by the Food and Drug
Administration. This action would
eliminate dual regulation of these
products by EPA and FDA. EPA would
continue to regulate the antimicrobial
pesticide used to treat the medical
device.

Timetable:
Action
 Date
NPRM
10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4609
Sectors Affected: 32619 Other Plastics
Product Manufacturing; 31499 All
Other Textile Product Mills
Agency Contact: Melba Morrow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703 308-2716
Fax:  703 308-8481
Email: morrow.melba@epa.gov
RIN:  2070-AD54
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and  Rodenticide Act (FIFRA)
                                                        Final  Rule Stage
3257. PESTICIDES; TOLERANCE
PROCESSING FEES

Priority: Other Significant

Legal Authority: 21 USC 346(a)

CFR Citation: 40 CFR 180

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
NPRM Pesticides-    06/09/99 64 FR 31039
  Tolerance
  Processing Fees
Supplemental NPRM  07/24/00 65 FR 45569
  Processing Fees for
  Inert Ingredients
Action              Date
Supplemental NPRM  08/31/00 65 FR 52979
  Reopening of
  Comment Period
Final Action         07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4027
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov

Bruce Sidwell, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-7761
Fax: 703 305-5884
Email: sidwell.bruce@epa.gov
RIN: 2070-AD23


3258. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
                    CFR Citation: 40 CFR 174

                    Legal Deadline: None

                    Abstract: EPA is considering the
                    addition of plant-incorporated
                    protectants based on viral coat proteins
                    to its plant-incorporated protectants
                    exemptions at 40 CFR 174. Substances
                    which plants produce for protection
                    against pests, and the genetic material
                    necessary to produce them, are
                    pesticides under the Federal
                    Insecticide, Fungicide and Rodenticide
                    Act (FIFRA), if humans intend these
                    substances to "prevent, repel or
                    mitigate any pest." These substances
                    are also "chemical pesticide residues"
                    under the Federal Food, Drug, and
                    Cosmetic Act (FFDCA). EPA has
                    determined that it will no longer issue
                    split registrations for biotechnology
                    products. Therefore, EPA is
                    concurrently considering the exemption
                    of plant-incorporated protectants based
                    on viral coat proteins from the
                    requirement of a tolerance under
                    section 408 of the FFDCA. Due to
                    public interest and new scientific
                    information, additional public comment
                    on this proposal, originally published
                    in 1994, was requested in a 2001
                    Supplemental Proposal (66 FR 37855).

                    Timetable:
                                                                           Action
                                                                                              Date
                    NPRM             11/23/94 59 FR 60496
                    Supplemental NPRM  07/22/96 61 FR 37891
                     1
                    Supplemental NPRM  05/16/97 62FR27132
                     2

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31046
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Federal Insecticide, Fungicide,  and  Rodenticide Act  (FIFRA)
                                                                             Final Rule Stage
Action              Date
Supplemental NPRM-  04/23/99 64 FR 19958
  Request for
  Comment on
  Alternate Name
Supplemental NPRM  07/19/01 66 FR 37855
  Seeking Additional
  Comment Based on
  NAS Report
Final Action-FFDCA   10/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602
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: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202  564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov

Phil Hutton, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7511C,
Washington, DC 20460
Phone: 703  308-8260
Fax: 703 308-7026
Email: hutton.phil@epa.gov
RIN: 2070-AD49
3259. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q); FIFRA
sec 19; 7 USC 136(a); FIFRA sec 3; 7
USC 136(w); FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA section 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
                     standards for container design, labeling
                     and refilling; and establish
                     requirements for containment of
                     stationary bulk containers and for
                     containment of pesticide dispensing
                     areas.
                     Timetable:
                                                                           Timetable:
Action
 Date
                     Action
                                        Date
                     Supplemental NPRM  10/21/99  64 FR 56918
                       1 Standards for
                       Pesticide
                       Containers and
                       Containment
                     Supplemental NPRM  12/21/99  64 FR 71368
                       2 Comment Period
                       Extended
                     NPRM Comment     02/24/00  65 FR 9234
                       Period Extended
                     Final Action         12/00/03

                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: Businesses

                     Government Levels Affected: Federal
                     Additional Information: SAN No. 2659
                     Sectors Affected: 32532 Pesticide and
                     Other Agricultural Chemical
                     Manufacturing; 11511 Support
                     Activities for Crop Production; 42291
                     Farm Supplies Wholesalers

                     Agency Contact: Nancy Fitz,
                     Environmental Protection Agency,
                     Office of Prevention, Pesticides and
                     Toxic Substances, 7506C
                     Phone: 703 305-7385
                     Fax: 703 308-3259
                     Email: fitz.nancy@epa.gov

                     Jude Andreasen, Environmental
                     Protection Agency, Office of
                     Prevention, Pesticides and Toxic
                     Substances, 7506C
                     Phone: 703 308-9342
                     Fax: 703 308-3259
                     Email: andreasen.jude@epamail.epa.gov

                     RIN: 2070-AB95
                     3260. PESTICIDE WORKER
                     PROTECTION STANDARD (WPS);
                     GLOVE AMENDMENT
                     Priority: Substantive, Nonsignificant
                     Legal Authority: 7 USC 136(w)
                     CFR Citation: 40 CFR 170
                     Legal Deadline: None
                     Abstract: This final rule would create
                     greater flexibility in requirements of the
                     1992 Worker Protection Standard
                     related to the use of gloves by workers
                     and applicators.
NPRM
Final Action
09/09/97 62 FR 47544
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3731
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
Agency Contact: Nancy Vogel,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 305-6475
Fax: 703 305-5884
Email: vogel.nancy@epa.gov

Jean M.  Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC93

3261. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC I36(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, Final rule 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.

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                Federal Register/Vol. 68, No.  101 /Tuesday, May  27,  2003/Unified Agenda
                                                                                                       31047
EPA—Federal Insecticide,  Fungicide, and Rodenticide Act (FIFRA)
                                                                                            Final Rule Stage
Timetable:
Action
                   Date
                 09/17/99 64 FR 50671
                 11/16/99 64 FR 62145
NPRM
NPRM Comment
  Period Extended
Final Rule-Original   12/14/01 66 FR 64759
  Labeling and Other
  Regulatory Portions
Final Rule-         09/00/03
  Antimicrobial
  Procedural Portion
  Only
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov

Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510C,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa.gov

RIN: 2070-AD14
Environmental  Protection Agency (EPA)
Federal  Insecticide, Fungicide,  and  Rodenticide Act (FIFRA)
                                                                                          Long-Term Actions
3262. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to
346(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2006, See additional
information.
Abstract: EPA will reassess pesticide
tolerance actions for raw and processed
foods (i.e., maximum residue limits)
established prior to August 3, 1996, to
determine whether they meet the
reasonable certainty of no-harm
standard of the Federal Food, Drug and
Cosmetic Act (FFDCA). FFDCA section
408(q), as amended by the Food Quality
Protection Act (FQPA), 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:
Action
                   Date
NPRM              To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4175
                                     Sectors Affected: 32532 Pesticide and
                                     Other Agricultural Chemical
                                     Manufacturing

                                     Agency Contact: Robert C. 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
3263. 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
                                                       05/05/93 58 FR 26856
                                                         To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Email: stangel.david@epa.gov
RIN: 2020-AA33


3264. PLANT-INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority:  7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them,  are
pesticides under the Federal

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31048
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
 EPA—Federal  Insecticide, Fungicide, and Rodenticide Act (FIFRA)
                                                                           Long-Term Actions
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "chemical pesticide residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). EPA has
determined that it will no longer issue
split registrations for biotechnology
products. Therefore, EPA is
concurrently considering the exemption
of plant-incorporated protectants
derived through genetic engineering
from sexually compatible plants from
the requirement of a tolerance under
section 408 of the FFDCA. Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a recent
Supplemental Proposal (66 FR 37855).
Timetable:
Action
   Date
NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM-
  Request for
  Comment on
  Alternate Name
Supplemental NPRM
  Comment Period
  Extended
Final Action
 11/23/94 59 FR 60496
 07/22/96 61 FR 37891
 05/16/97 62 FR 27132
 04/23/99 64 FR 19958
 08/20/01  66 FR 43552
   To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611
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: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov

Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55


3265. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants that act by primarily
affecting the plant to its plant-
incorporated protectants exemptions at
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to "prevent,
repel or mitigate any pest." These
substances are also "chemical pesticide
residues" under the Federal Food,
Drug, and Cosmetic Act (FFDCA). EPA
has determined that it will  no longer
issue split registrations for
biotechnology products. Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants that act by primarily
affecting the plant from the requirement
of a tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal,  originally
published in 1994, was requested in a
recent Supplemental Proposal (66 FR
37855).
Timetable:
                     Action
                   Date
                                       11/23/94 59 FR 60496

                                       07/22/96 61 FR 37891
                                       05/16/97 62 FR 27132
                                       04/23/99 64 FR 19958
                                       07/19/01 66 FR 37855
                                         To Be Determined
NPRM-FIFRA
  Exemption
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
NPRM-FFDCA
  Tolerance
  Exemption
Final Rule-FIFRA
  Exemption
Final Rule-FFDCA
  Tolerance
  Exemption
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
                                         To Be Determined

                                         To Be Determined
Additional Information: SAN No. 4612

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: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov

Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov

RIN: 2070-AD56


3266. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE

Priority: Economically Significant.
Major under 5 USC 801.

Legal Authority: 7 USC 136(a) FIFRA
sec 3; 7  USC 136(w)

CFR Citation: 40 CFR 152.170

Legal Deadline: None

Abstract: This regulation as proposed
would establish Pesticide Management
Plans (PMPs) as a new regulatory
requirement for certain pesticides.
Unless a State or tribal authority had
an EPA-approved plan specifying risk-
reduction measures, use of the
chemical would be prohibited. The rule
would also specify procedures and
deadlines for development, approval
and modification of plans by States  and
tribal authorities. Several parameters of
the program described in the proposed
rule are  being reconsidered to
determine whether the program can
address  water quality issues rather than
groundwater only, and to determine the
best partnership approach to
implementation.

Timetable:
                                                           Action
                   Date
                                                           NPRM
                  06/26/96  61 FR 33259

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                Federal Register/Vol.  68, No. 101/Tuesday,  May 27, 2003/Unified  Agenda
                                                                   31049
EPA—Federal Insecticide, Fungicide,  and  Rodenticide  Act (FIFRA)
                                                     Long-Term Actions
Action              Date
Notice of Availability   02/23/00 65 FR 8925
  Regarding
  Metolachlor
Final Action           To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
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 M. Frane, Environmental
                   Protection Agency, Office of
                   Prevention, Pesticides and Toxic
                   Substances, 7506C
                   Phone: 703 305-5944
                   Fax: 703 305-5884
                   Email: frane.jean@epa.gov
                   RIN: 2070-AC46
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide,  and  Rodenticide  Act (FIFRA)
                                                     Completed Actions
3267. PLANT-INCORPORATED
PROTECTANTS (FORMERLY PLANT
PESTICIDES) RULEMAKINGS

Priority: Other Significant

CFR Citation: 40 CFR 152.20; 40 CFR
174
Completed:
Reason
Date
Final Action Plant-    07/19/01 66 FR 37771
  Incorporated
  Protectants (PIPs)
  Under FIFRA
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Janet Andersen
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov

Elizabeth Milewski
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov

RIN: 2070-AC02
Environmental  Protection Agency (EPA)
Toxic Substances  Control Act (TSCA)
                                                           Prerule Stage
3268. • LEAD; REQUIREMENTS FOR
LEAD-BASED PAINT ACTIVITIES IN
TARGET HOUSING AND CHILD-
OCCUPIED FACILITIES (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: TSCA 402 and 404;
15 USC 2682; 15 USC 2684
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: In August, 1996, the
Environmental Protection Agency (EPA)
promulgated regulations under section
402 of the Toxic Substances Control
Act (TSCA) to ensure that individuals
conducting lead-based paint activities
in target housing and child-occupied
facilities are properly trained and
certified, that training programs
providing  instruction in such  activities
are accredited and that these activities
are conducted according to reliable,
effective and safe work practice
standards. EPA also finalized a Federal
regulation under section 404 of TSCA
that allows States and Indian Tribes to
seek authorization to administer and
enforce the regulations developed
under section 402 for the training and
certification of individuals conducting
LBP activities and the accreditation of
training programs for LBP activities in
1996 (August  29, 1996, 61 FR 45778).
EPA performed an analysis of the
potential impacts on small entities and
determined that this action is likely to
have a modest adverse economic
impact on a substantial number of
small entities. The TSCA section 404
regulations became effective August  29,
1998. The final rule then provided for
an additional  phase-in period for the
requirements for training program
accreditation,  individual and firm
certification, and work practice
standards. Regulations for accreditation
of training programs became effective
on March 1,1999. Regulations for
certification of individuals and firms
became fully effective on March 1,
2000.
This new entry in the regulatory agenda
announces that EPA will review this
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). EPA solicits comments on the
continued need for the rule; the
complexity of the rule; the extent to
                  which it overlaps, duplicates, or
                  conflicts with other Federal, State, or
                  local government rules; and the degree
                  to which technology, economic
                  conditions, or other relevant factors
                  have changed since the rule was
                  promulgated.
                  In submitting comments, please
                  reference Docket ID number OPPT-
                  2003-0015, and follow the instructions
                  provided in Unit H. of the preamble
                  to the Spring Regulatory Agenda.
                  Timetable:
                  Action
                   Date
                  Begin Review        05/00/03
                  Comment Period End  07/00/03
                  End Review         12/00/03
                  Regulatory Flexibility Analysis
                  Required: No
                  Small Entities Affected: No
                  Government Levels Affected: None
                  Additional Information: SAN No. 4788
                  Agency Contact: Ellie Clark,
                  Environmental Protection Agency,
                  Office of Prevention, Pesticides and
                  Toxic Substances, 7404T, Washington,
                  DC 20460

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31050          Federal Register/Vol.  68,  No. 101/Tuesday,  May 27,  2003/Unified Agenda


EPA—Toxic Substances  Control Act  (TSCA)                                                 Prerule Stage
Phone: 202 566-0498
Email: clark.ellie@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0521
Email: wilson.mike@epamail.epa.gov

RIN: 2070-AD65
Environmental  Protection Agency (EPA)
Toxic  Substances Control Act (TSCA)
                                                  Proposed  Rule Stage
3269. 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
4; 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
NPRM
Final Action
Date
04/00/04
04/00/05
Regulatory Flexibility Analysis
Required:  Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3557
Sectors Affected: 23321 Single Family
Housing Construction; 23322
Multifamily Housing Construction;
23521 Painting and Wall Covering
Contractors; 23551 Carpentry
Contractors; 23599 All Other Special
Trade Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
531311 Residential Property Managers;
54138 Testing Laboratories
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Email: wilson.mike@epamail.epa.gov

Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax:  202 566-0471
Email: simpson.julie@epa.gov
RIN:  2070-AC83

3270. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS (40
CFR PART 723)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: This regulatory action will
eliminate exemptions under the
Polymer Exemption Rule for certain
chemicals containing or related to
perfluorooctyl sulfonate (PFOS) and
perfluorooctonoic acid (PFOA). Based
on data on PFOS and PFOA,  EPA
believes that these substances and other
structurally related substances may
persist in the environment,
bioaccumulate, and be toxic.  Certain
polymers which contain PFOS, PFOA,
or structurally similar substances, or
which could release such substances as
a degradation on incineration product
would no longer qualify for exemption
from TSCA section 5 reporting.
Timetable:
Action
 Date
NPRM
Final Action
08/00/03
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635
Sectors Affected: 325 Chemical
Manufacturing; 326 Plastics and Rubber
Products Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing
Agency Contact: Rebecca Cool,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email; cool.rebecca@epa.gov
RIN: 2070-AD58


3271. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST  OF HAZARDOUS
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 42
USC 9601 CERCLA; 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
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight chemicals to fulfill data needs
identified by the Agency for Toxic
Substances and  Disease Registry
(ATSDR), the National Toxicology
Program (NTP),  and EPA pursuant to

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                Federal Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
                                                                                      31051
EPA—Toxic Substances Control Act (TSCA)
                                                                      Proposed  Rule Stage
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
lexicological profiles  for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary  data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and  local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs)  on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(f) and sections 112(d and
e). Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
Timetable:
Action
Date
NPRM             10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Robert Jones,
Environmental Protection Agency,
                   Office of Prevention, Pesticides and
                   Toxic Substances, 7405M, Washington,
                   DC 20460
                   Phone: 202 564-8161
                   Fax: 202 564-4765
                   Email: jones.robert@epa.gov

                   Paul Campanella, Environmental
                   Protection Agency, Office of
                   Prevention, Pesticides and Toxic
                   Substances, 7405M, Washington, DC
                   20460
                   Phone: 202 564-8091
                   Fax: 202 564-4765
                   Email: campanella.paul@epa.gov
                   RIN: 2070-AB79
                   3272. TEST RULE; DEVELOPMENTAL
                   AND REPRODUCTIVE TOXICITY
                   Priority: Substantive, Nonsignificant
                   Legal Authority: 15 USC 2603; 15 USC
                   2607[a); 15 USC 2611; 15 USC 2625
                                      Phone: 202 564-8172
                                      Fax: 202 564-4765
                                      Email: roman.catherine@epa.gov

                                      Paul Campanella, Environmental
                                      Protection Agency, Office of
                                      Prevention, Pesticides and Toxic
                                      Substances, 7405M, Washington, DC
                                      20460
                                      Phone: 202 564-8091
                                      Fax: 202 564-4765
                                      Email: campanella.paul@epa.gov

                                      RIN: 2070-AD44
                                      3273. FOLLOW-UP RULES ON
                                      EXISTING CHEMICALS

                                      Priority: Routine and Frequent

                                      Legal Authority: 15 USC 2604; TSCA
                                      5; 15 USC 2607; TSCA 8

                                      CFR Citation: 40 CFR 704; 40 CFR 707;
                                      40 CFR 710; 40 CFR 721
                   CFR Citation: 40 CFR 799; 40 CFR 704   Legal Deadline: None
                   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. EPA is also proposing
                   reporting rules for two of the seven
                   substances. These rules would require
                   the reporting of production volumes so
                   it will be possible to determine when
                   the testing program  can be triggered for
                   the two substances without causing a
                   significant impact on revenues. This is
                   a re-proposal of a test rule announced
                   March 4, 1991 (56 FR 9092).
                   Timetable:
                                      Abstract: EPA has established a
                                      program to monitor the commercial
                                      development of existing chemicals of
                                      concern and/or to gather information to
                                      support planned or ongoing risk
                                      assessments on such chemicals. As
                                      these chemicals are identified, EPA will
                                      initiate rulemakings under the Toxic
                                      Substances Control Act (TSCA) sections
                                      5 and/or 8 to require reporting of
                                      appropriate needed information by the
                                      manufacturers, importers and/or
                                      processors of these chemicals.
                                      Individual proposed or final rules will
                                      be published on at least the chemicals
                                      listed below.
                                      Timetable:
                                      Action
                                                         Date
                   Action
                                      Date
                                    03/04/91 56 FR 9092
                                    12/00/03
NPRM-Original
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, 7405M, Washington,
DC 20460
NPRM-2-4 Original
  2,4-Pentanedione
  SNUR
NPRM-Chloranil
NPRM-Benzidine-
  Based Chemical
  Substances
Final-Benzidine-
  Based Chemical
  Substances
NPRM-Heavy Metal-
  Based Pigments in
  Aerosol Spray  •
  Paints SNUR
Final-Heavy Metal-
  Based Pigments in
  Aerosol Spray
  Paints SNUR
NPRM-2-4 2,4-
  Pentanedione
  SNUR (Reproposal)
                                                                          09/27/89  54 FR 39548
05/12/93  58 FR 27980
08/30/95  60 FR 45119
                                                                          10/07/96 61 FR 52287
                                                                          01/15/02  67 FR 1937
                                                                          11/00/03
                                                                          12/00/03

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31052
                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
                                                                                        Proposed  Rule Stage
                   Date
                 06/00/04
Action
NPRM-
  Methylcyclopentane
  SNUR
NPRM-2-2-         06/00/04
  Ethoxyethanol & 2-
  Methoxyethanol &
  2-Methoxyethanol
  Acetate
NPRM-Certain       06/00/04
  Chemical
  Substances No
  Longer in
  Production SNUR
NPRM-o-Tolidine&o-  09/00/04
  Dianisidine-Based
  Dyes (Benzidine
  Congener Dyes)
Final-Amendment to   06/00/05
  Benzidine-Based
  Chemical
  Substances SNUR
Final-Chloranil SNUR  06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8164
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov

Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
RIN: 2070-AA58


3274. SIGNIFICANT NEW USE RULE;
SELECTED FLAME RETARDANT
CHEMICAL SUBSTANCES FOR USE IN
RESIDENTIAL  UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: 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
                                     NPRM
                                                      09/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: Businesses
                                     Government Levels Affected: State
                                     Additional Information: SAN No. 4512
                                     Sectors Affected: 325 Chemical
                                     Manufacturing; 313 Textile Mills;
                                     337121 Upholstered Household
                                     Furniture Manufacturing
                                     Agency Contact: Carolyn Grandson,
                                     Environmental Protection Agency,
                                     Office of Prevention, Pesticides and
                                     Toxic Substances, 7405M, Washington,
                                     DC 20460
                                     Phone: 202 564-8109
                                     Fax: 202 564-4775
                                     Email: grandson.carolyn@epa.gov

                                     John Bowser, Environmental Protection
                                     Agency, Office of Prevention, Pesticides
                                     and Toxic Substances, 7405M,
                                     Washington, DC 20460
                                     Phone: 202 564-8082
                                     Fax: 202 564-4775
                                     Email: bowser.john@epa.gov
                                     RIN: 2070-AD48
                                     3275. • LEAD; AMENDMENTS TO
                                     REQUIREMENTS FOR DISCLOSURE
                                     OF KNOWN LEAD-BASED PAINT OR
                                     LEAD-BASED PAINT HAZARDS IN
                                     TARGET HOUSING
                                     Priority: Substantive, Nonsignificant.
                                     Major status under 5 USC 801 is
                                     undetermined.
                                     Legal Authority: 42 USC 4852d
                                     CFR Citation: 40 CFR 745.100; 40 CFR
                                     745.101; 40 CFR 745.102; 40 CFR
                                     745.103; 40 CFR 745.107; 40 CFR
                                     745.110; 40 CFR 745.113; 40 CFR
                                     745.115; 40 CFR 745.118; 40 CFR
                                     745.119
                                     Legal Deadline: None
Abstract: Amendments will clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and will amend existing regulatory text
to resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. The amendments
will be developed jointly with the
Department of Housing and Urban
Development (HUD), which jointly
administers and enforces the current
requirements with EPA. Small
businesses and state/local/tribal
governments that sell or lease target
housing will be affected in that they
will need to become familiar with
new/revised requirements that apply to
these transactions. Overall burden is
not expected to increase significantly.
Timetable:
                                     Action
                                                        Date
                                     NPRM
                  02/00/04
                                     Regulatory Flexibility Analysis
                                     Required: Undetermined
                                     Small Entities Affected: Businesses,
                                     Organizations
                                     Government Levels Affected: Federal,
                                     State, Tribal
                                     Federalism: Undetermined
                                     Additional Information: SAN No. 4777
                                     Sectors Affected: 53111 Lessors of
                                     Residential Buildings and Dwellings;
                                     53121 Offices of Real Estate Agents and
                                     Brokers; 531311 Residential Property
                                     Managers; 92511 Administration of
                                     Housing Programs; 522292 Real Estate
                                     Credit
                                     Agency Contact: Ellie Clark,
                                     Environmental Protection  Agency,
                                     Office of Prevention, Pesticides and
                                     Toxic Substances, 7404T,  Washington,
                                     DC 20460
                                     Phone: 202 566-0498
                                     Email: clark.ellie@epamail.epa.gov

                                     Cindy Fraleigh, Environmental
                                     Protection Agency, Office  of
                                     Prevention, Pesticides and Toxic
                                     Substances, 7404T, Washington, DC
                                     20460
                                     Phone: 202 566-0484
                                     Fax: 202 566-0473
                                     Email: fraleigh.cindy@epa.gov
                                     RIN: 2070-AD64

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                                       31053
 Environmental Protection  Agency (EPA)
 Toxic Substances Control Act (TSCA)
                                                                            Final Rule  Stage
 3276. LEAD FISHING SINKERS;
 RESPONSE TO CITIZENS PETITION
 AND PROPOSED BAN
 Priority: Other Significant
 Legal Authority: 15 USC 2605 TSCA
 6
 CFR Citation: 40 CFR 745
 Legal Deadline: None
 Abstract: On October 20,1992, the
 Environmental Defense Fund (EDF),
 Federation of Fly Fishers, Trumpeter
 Swan Society, and North American
 Loon Fund petitioned EPA under
 section 21 of the Toxic Substances
 Control Act (TSCA), and the
 Administrative Procedure Act (APA), to
 initiate rulemaking proceedings under
 section 6 of TSCA to require that the
 sale of lead fishing sinkers be
 accompanied by an appropriate label or
 notice warning that such products are
 toxic to wildlife. EPA granted the
 petition, however, the Agency believes
 that a labeling provision would not
 adequately address the risk of injury to
 waterfowl and other birds (waterbirds),
 from ingestion of lead fishing sinkers.
 In addition, EPA also believes that zinc
 fishing sinkers adversely affect
 waterbirds, and can cause mortality.
 Therefore, EPA has proposed a rule
 under section 6(a) of TSCA to prohibit
 the manufacturing, processing, and
 distribution in commerce in the United
 States, of certain smaller size fishing
 sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass.
Timetable:
Action
                   Date
ANPRM
NPRM
Final Action
05/13/91  56 FR 22096
03/09/94  59 FR 11122
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov

Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
 and Toxic Substances, 7404T,
 Washington, DC 20460
 Phone: 202 566-0521
 Email: wilson.mike@epamail.epa.gov

 RIN: 2070-AC21


 3277. 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
 developing a companion RCRA rule to
 suspend temporarily hazardous  waste
management regulations applicable to
lead-based paint debris which will be
 subject to the new TSCA standards.
Timetable:
                    Action
                   Date
                    NPRM TSCA Proposal 12/18/98 63 FR 70189
                    Comment Extension  02/12/99 64 FR 7159
                    Final Action         04/00/04
                    Regulatory Flexibility Analysis
                    Required: No
 Small Entities Affected: Businesses,
 Governmental Jurisdictions,
 Organizations
 Government Levels Affected: Federal,
 State, Local, Tribal
 Additional Information: SAN No. 3508
 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: Robert Wright,
 Environmental Protection Agency,
 Office of Prevention, Pesticides and
 Toxic Substances, 7404, Washington,
 DC 20460
 Phone: 202 566-1975
 Fax: 202  566-0470
 Email: wright.robert@epa.gov

 Julie Simpson, Environmental
 Protection Agency, Office of
 Prevention, Pesticides and Toxic
 Substances, 7404T, Washington, DC
 20460
 Phone: 202 566-1980
 Fax: 202  566-0471
Email: simpson.julie@epa.gov
 RIN: 2070-AC72


 3278. 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

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31054
Federal  Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Toxic Substances Control Act  (TSCA)
                                                                             Final Rule Stage
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
NPRM
Final Action
 01/22/01 66 FR 7207
 06/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4172

Sectors Affected: 611519 Other
Technical and Trade Schools

Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Email: wilson.mike@epamail.epa.gov

Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax:  202 566-0471
Email: simpson.julie@epa.gov

RIN:  2070-AD31
3279. SIGNIFICANT NEW USE RULES;
FOLLOW-UP RULES ON NON-5(E)
NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5

CFR Citation: 40 CFR 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
                     NPRM-84-1056Alkyl  06/11/86 51 FR 21199
                       & Sulfonic Acid &
                       Ammonium Salt (84-
                       1056)
                     NPRM-86-5661-     12/08/87 52 FR 46496
                       Decanimine-N-
                       Decyl-N-Methyl-N-
                       Oxide (86-566)
                     NPRM-Aluminum     06/11/93 58 FR 32628
                       Aluminum Cross-
                       linked Sodium
                       Carboxy-
                       methylcellulose
                     Final Action-84-1056  06/00/03
                       Alkyl& Sulfonic Acid
                       & Ammonium Salt
                       (84-1056)
                     Final Action-86-566 1- 06/00/03
                       Decanimine-N-
                       Decyl-N-Methyl-N-
                       Oxide (86-566)
                     Final Action-Aluminum 06/00/03
                       Aluminum 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, 7405M, Washington,
                                                           DC 20460
                                                           Phone: 202 564-8974
                                                           Fax: 202 564-9490
                                                           Email: alwood.jim@epa.gov

                                                           Rebecca Cool, Environmental Protection
                                                           Agency, Office of Prevention, Pesticides
                                                           and Toxic Substances, 7405M,
                                                           Washington, DC 20460
                                                           Phone: 202 564-9138
                                                           Fax: 202 564-9490
                                                           Email: cool.rebecca@epa.gov
                                                           RIN: 2070-AA59
3280. 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
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic  Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,

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                 Federal Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
                                                                    31055
EPA—Toxic  Substances Control  Act (TSCA)
                                                         Final Rule  Stage
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
NPRM Aromatic      06/06/94 59 FR 29255
  Amino Ether (P90-
  1840)
NPRM Alkenyl Ether  12/19/94 59 FR 65289
  of Alkanetriol
  Polymer (93-458)
NPRM Certain       09/09/98 63 FR 48157
  Chemical
  Substances
Final Action Certain   05/00/03
  Chemical
  Substances (91-
  1299/95-166791-
  129891-1297
Final Action Aromatic  05/00/03
  Amino Ether (P90-
  1840)
Final Action Alkenyl   05/00/03
  Ether of Alkanetriol
  Polymer (93-458)
Final Action Certain   06/00/03
  Chemical
  Substances

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

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, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov

Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epa.gov

RIN: 2070-AB27
3281. 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
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing

Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov

David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov

RIN: 2070-AB94


3282. 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
                  12/29/83  48 FR 57452   CFR Citation: 40 CFR 790 to 799
ANPRMAryl
  Phosphates (ITC
  List 2)
NPRM Brominated
  Flame Retardants
NPRM Aryl
  Phosphates (ITC
  List 2)
Final Action-EGA
  DiBasic Esters
  (CPSC)
Final Action-EGA
  1,1,2-
  Trichloroethane
  (TCE)
Final Action-EGA
  Ethylene Dichloride
  (EDC)
Final Action ITC
  Chemicals (ITC List
  28)
Final Action-EGA Aryl
  Phosphates (ITC
  List 2)
Final Action-EGA
  Maleic Anhydride
Final Action-EGA
  Hydrogen Fluoride
Final Action-EGA
  Phthalic Anhydride

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: SAN No. 3493
                  06/25/91  56 FR 29140

                  01/17/92  57 FR 2138


                  06/05/99  64 FR 42692


                  06/15/00  65 FR 37550



                  05/00/03


                  12/00/03


                  06/00/04


                  06/00/04

                  12/00/04

                  06/00/05
Legal Deadline: None
Abstract: This rule will require testing
and recordkeeping requirements for
certain high production volume (HPV)
chemicals (i.e., chemicals which are
manufactured (including imported) in
the aggregate at more than 1 million
pounds on an annual basis). Although
varied based on specific data needs for
the particular chemical, the data
generally collected under this rule may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity; mutagenicity
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. The action is part of the
Chemical Right-to-Know Initiative,
which is described in The Regulatory
Plan.
Timetable:
Action
                   Date
                  12/26/00 65 FR 81658
                  10/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990

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31056
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Toxic Substances Control  Act (TSCA)
                                                                            Final Rule  Stage
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov
RIN: 2070-AD16


3283. 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) as 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
NPRM-ITCList31,32 06/09/99 64FR31074
  &35
Final Action        06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4425
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone; 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov

Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
RIN: 2070-AD42


3284.  TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA  Form No. 7710-35) on the
chemicals. These data will be  used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
                     Action
                                        Date
                     Final 37th ITC List
                     Final 38th ITC List
                     Final 38th ITC List-
                       Stay
                     Final 38th ITC List-
                       Stay/Technical
                       Amendments
                 02/28/96 61 FR 7421
                 10/29/96 61 FR 55871
                 12/11/96 61FR65186

                 01/07/98 63FR684
Action
Final 38th ITC List-
Revocation
Final 39th ITC List
Final 4 1st ITC List
Final 42nd ITC List
Final 47th ITC List
Final 48th ITC List
Final 50th ITC List
Final 5 1st ITC List
Final 52nd ITC List
Date
01/11/00 65 FR 1548

01/11/00 65 FR 1548
07/05/00 65 FR 41 371
07/24/00 65 FR 45535
07/26/01 66 FR 38955
06/00/03
06/00/03
06/00/03
11/00/03
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: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax:  202 564-4765
Email: brown.gerry@epa.gov

John R. Harris, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8156
Fax:  202 564-4765
Email: harris.johnr@epa.gov
RIN: 2070-AB08

3285. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d) TSCA
8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require
manufacturers, importers, and
processors to submit unpublished
health and safety data on chemicals
added to the requirements of the Toxic
Substances Control Act section 8(d)
Health and Safety Data Reporting Rule
(40 CFR part 716). These chemicals
have been identified by the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal  agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.

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                 Federal Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
                                                                                                         31057
EPA—Toxic  Substances  Control Act (TSCA)
                                                                                              Final Rule Stage
Timetable:
Action
                   Date
                  10/29/96  61 FR 55871
                  12/11/96  61FR65186
                  01/07/98  63FR684
                  01/11/00 65 FR 1548
Final 38th ITC List
Final 38th ITC List-
  Stay
Final 38th ITCList-
  Stay/Technical
  Amendment
Final 38th ITC List-
  Revocation
Final 51st ITC List Has 08/00/03
  Actions From Lists
  39,41,42,47,48,
  and 50
Final 52nd ITC List    01/00/04
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: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov

John R. Harris, Environmental
Protection Agency, Office  of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.johnr@epa.gov
RIN: 2070-AB11
3286. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(e) TSCA
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 change certain
aspects of the 1978 TSCA section 8(e)
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 the
standards for claims of confidentiality
for information contained in a notice
of substantial risk under section 8(e).
Timetable:
                                      Action
                                                         Date
                                      NPRM
                                      Final Action
                  07/13/93 58 FR 37735
                  06/00/03
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, 7403M, Washington,
DC 20460
Phone: 202 564-7649
Fax:  202 564-7460
Email: hefter.richard@epa.gov

Terry O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403M, Washington, DC
20460
Phone: 202 564-7656
Fax:  202 564-7450
Email: obryan.terry@epa.gov
RIN:  2070-AC80
3287. • TSCA INVENTORY UPDATE
RULE REVISIONS

Priority: Other Significant

Legal Authority: 15 USC 2607(a) TSCA
8(a)

CFR Citation: 40 CFR 710

Legal Deadline: None

Abstract: In this follow-on action to the
Inventory Update Rule Amendments
(IURA) (RIN 2070-AC61) that was
finalized in January 2003, EPA is
making additional changes to the IUR
to adjust the submission period, the
reporting frequency, and the
recordkeeping period, and will remove
obsolete regulatory text associated with
IUR reporting that occurred in 2002.
Since EPA does not anticipate adverse
comments on these revisions, which are
either technical in nature or are
expected to reduce burden, EPA
intends to make these changes through
a direct final rulemaking.

Timetable:
                                                                            Action
                   Date
Direct Final Rule-     12/00/03
  Follow-up Technical
  Amendment to
  Reporting Cycle

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Federal

Additional Information: SAN No. 3301

Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing

Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epa.gov

Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epa.gov

RIN: 2070-AD63

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31058
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
Environmental  Protection Agency  (EPA)
Toxic  Substances Control Act (TSCA)
                                                                          Long-Term Actions
3288. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority:  15 USC 2646; TSCA
206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(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.
Timetable:
Action
   Date
Model Plan
Interim Final Rule
Final Action
 05/13/92 57 FR 20438
 02/03/94 59 FR 5236
 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax:  202 566-0473
Email: courtnage.robert@epa.gov
RIN:  2070-AC51


3289. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE — BRIDGES AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2603 TSCA
4; 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
                     NPRM (Buildings &   06/00/04
                       Structures)
                     Final Action (Buildings 10/00/05
                       & Structures)
                     Regulatory Flexibility Analysis
                     Required: Undetermined
                     Small Entities Affected: Businesses,
                     Governmental Jurisdictions,
                     Organizations
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Federalism: Undetermined
                     Additional Information: SAN No. 4376
                     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, 7404T, Washington,
                     DC 20460
                     Phone: 202 564-0502
                     Fax: 202 566-0471
                     Email: wolf.joel@epa.gov

                     Julie Simpson, Environmental
                     Protection Agency, Office of
                     Prevention, Pesticides and Toxic
                     Substances, 7404T, Washington, DC
                     20460
                     Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC64


3290.  POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
(1) no unreasonable risk to health or
the environment will occur, and (2)
good faith efforts have  been made by
the petitioner to develop a substitute
for PCB which does not pose an
unreasonable risk of injury to health or
the environment. 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
NPRM
NPRM (2)
Final (2)
Final (1)
Date
12/06/94 59 FR 62875
09/17/02 67 FR 58567
01/31/03 68 FR 4934
11/00/04
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: Businesses
                                     Government Levels Affected: None
                                     Additional Information: SAN No. 2150
                                     Sectors Affected: 2211 Electric Power
                                     Generation, Transmission and
                                     Distribution; 31-33 Manufacturing; 5133
                                     Telecommunications
                                     Agency Contact: Peter Gimlin,
                                     Environmental Protection Agency,
                                     Office of Prevention, Pesticides  and
                                     Toxic Substances, 7404T, Washington,
                                     DC 20460
                                     Phone: 202 566-0515
                                     Fax: 202 566-0473
                                     Email: gimlin.peter@epa.gov
                                     RIN: 2070-AB20

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003./Unified Agenda
                                                                                       31059
EPA—Toxic Substances Control Act  (TSCA)
                                                                         Long-Term  Actions
3291. DISPOSAL OF
POLYCHLORINATED BIPHENYLS:
IMPLEMENTATION ISSUES

Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.

Legal Authority: 15 USC 2607; TSCA
6

CFR Citation: 40 CFR 761 (Revision)

Legal Deadline: None

Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to: Use authorizations, public
participation process, appeals process,
natural gas pipelines, testing and
analysis, manifesting of PCB waste,
publication process for validated
alternate decontamination solvents and
PCB  analytical methods and storage  of
dedicated PCB equipment. The action
to authorize  certain non-liquid PCB
applications is also included in  this
action.

Timetable:	
Action              Date
NPRM
06/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations

Government Levels Affected: Federal,
State, Local, Tribal

Federalism: Undetermined

Additional Information: SAN No. 4597

Sectors Affected: 92 Public
Administration; 22 Utilities; 562 Waste
Management and Remediation Services;
81 Other Services (except Public
Administration); 54 Professional,
Scientific and Technical Services; 48-
49 Transportation; 53 Real Estate and
Rental and Leasing; 31-33
Manufacturing

Agency Contact: Sara McGurk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0480
Fax:  202 566-0473
Email: mcgurk.sara@epa.gov
                    Laura Casey, Environmental Protection
                    Agency, Office of Prevention, Pesticides
                    and Toxic Substances, 7404T
                    Phone: 202 566-1982
                    Fax:  202 566-0473
                    Email: casey.laura@epa.gov

                    RIN: 2070-AD52
3292. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)

Priority: Substantive, Nonsignificant

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: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to  assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December  26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop  was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process will be used to
evaluate the scientific merits of the
hazard, exposure,  and risk assessments
submitted  by sponsors. The first
assessments developed for VCCEP were
received in December of 2002.
Although not currently involving a
rulemaking, EPA has included this
pilot program in the Regulatory Agenda
to inform the public about activities
like this related to its chemical testing
program.

Timetable:
                                                         Date
                                                       01/00/05
                    Action
                                       Date
                    Notice-Cancelationof  01/13/00 65FR2163
                      Public Meeting
                    Notice-Stakeholder    03/29/00 65 FR 16590
                      Involvement
                      Process-Notice of
                      Public Meeting
                    Notice-Voluntary     12/26/00 65 FR 81700
                      Children's Chemical
                      Evaluation
                      Program-Pilot
Action
Notice-Providing an
  Update on the Pilot
  Program
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2865
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202 564-8171
Fax: 202 564-4745
Email: penberthy.ward@epa.gov

Catherine  Roman, Environmental
Protection Agency, Office  of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
RIN: 2070-AC27


3293. 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,

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31060
Federal Register/Vol. 68, No.  101/Tuesday,  May 27, 2003/Unified Agenda
EPA—Toxic Substances Control Act  (TSCA)
                                                                           Long-Term  Actions
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
me minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
   Date
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         07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Leukroth,
Environmental Protection  Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epa.gov

David R. Williams, Environmental
Protection Agency, Office  of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AC76


3294. 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 104(i)
CFR Citation: 40 CFR 790
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agency's
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA's proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA). A test
rule would require manufacturers and
processors of certain metals (beryllium,
chromium, manganese, mercury, nickel,
and selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP) and EPA pursuant to
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1),  the clean
air act (CAA) section 112 and other
statutes requiring risk assessments,
health assessments, permits, standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment. Under CERCLA the
Agency for Toxic Substances  and
Disease Registry (ATSDR) is to establish
a list of priority hazardous substances
found at Superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific communities. Data from this
action would also be used to
implement several provisions of section
112 of the CAA, including determining
risks remaining after the application of
technology based on standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances  should be removed from
the CAA section (b)(l) list of HAPs
(delisting).
Timetable:
                     Action
                                        Date
                     NPRM               To Be Determined
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: Businesses
                     Government Levels Affected: Federal
                     Additional Information: SAN No. 3882
                     Sectors Affected: 32411 Petroleum
                     Refineries; 325 Chemical Manufacturing
                     Agency Contact: Robert Jones,
                     Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax:  202 564-4765
Email: jones.robert@epa.gov

Paul Campanella, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8091
Fax:  202 564-4765
Email: campanella.paul@epa.gov
RIN: 2070-AD10


3295. TESTING 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), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of Oxygenated Fuel Additives (OFAs).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other OFAs such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Although not currently a rulemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA is finalized.
Timetable:
                                      Action
                   Date
                                      Notice Soliciting
                                       Interested Parties
                                      Notice-EGA
                  06/00/05

                  12/00/06
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: Businesses
                                      Government Levels Affected: None
                                      Additional Information: SAN No. 4174

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      31061
 EPA—Toxic Substances Control Act  (TSCA)
                                                                         Long-Term Actions
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202 564-8171
Fax: 202 564-4745
Email: penberthy.ward@epa.gov

George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8174
Fax: 202 260-8168
Email: semeniuk.george@epa.gov
RIN: 2070-AD28


3296. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
(RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; TSCA
5; 15 USC 2605; TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these  chemicals.
Timetable:	
Action              Date
NPRM
Final Action
03/21/94  59 FR13294
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email: courtnage.robert@epa.gov

Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epa.gov
RIN: 2070-AC37


3297. 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 assessment 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). Although this Initiative
is not a rulemaking, EPA has included
it in the Regulatory Agenda to inform
the public. The Initiative will involve
several separate activities, with any
regulatory related actions included as
separate entries in the Regulatory
Agenda.
Timetable:
                    Action
                   Date
                    Notice-Data Collection 12/26/00 65 FR 81686
                      and Development
                      on HPV Chemicals
                    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
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8164
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov

Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
RIN: 2070-AD25


3298. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the  Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals  may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such

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31062
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
                                                                       Long-Term Actions
transgenic organisms prior to their
commercial use.
Timetable:
Action
                  Date
NPRM             To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
                    Government Levels Affected: Federal
                    Additional Information: SAN No. 4598
                    Agency Contact: Flora Chow,
                    Environmental Protection Agency,
                    Office of Prevention, Pesticides and
                    Toxic Substances, 7405M, Washington,
                    DC 20460
                    Phone: 202 564-8983
                    Fax: 202 564-9062
                    Email: chow.flora@epa.gov
                                   Jamesine Rogers, Environmental
                                   Protection Agency, Office of
                                   Prevention, Pesticides and Toxic
                                   Substances, 7405M
                                   Phone: 202 564-3453
                                   Fax: 202 564-9062
                                   Email: rogers.jamesine@epa.gov

                                   RIN: 2070-AD53
Environmental Protection Agency (EPA)
Toxic Substances  Control Act (TSCA)
                                                                       Completed Actions
3299. 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

CFR Citation: 40 CFR 707; 40 CFR 790;
40 CFR 791; 40 CFR 799

Completed:
                    Completed:
Reason
   Date
Final Action
 06/18/01  66 FR 32809
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Federal

Agency Contact: Paul Campanella
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov

David R. Williams
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov

RIN: 2070-AC84
3300. TSCA INVENTORY UPDATE
RULE AMENDMENTS

Priority: Other Significant

CFR Citation: 40 CFR 710
                    Reason
                  Date
Final Action         01/07/03 68FR847
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Susan Sharkey
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epa.gov

Robert Lee
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epa.gov
RIN: 2070-AC61


3301. SIGNIFICANT NEW USE RULE;
PERFLUOROALKYL SULFONATES
(PFOA)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 704; 40 CFR 721
Completed:
                    Reason
                                      Date
                    Final Rule for       12/09/02 67 FR 72854
                      Remaining Uses in
                      Proposal
                    Regulatory Flexibility Analysis
                    Required:  No
                    Government Levels Affected: None
                    Agency Contact: Mary Dominiak
                    Phone: 202 564-8104
Fax: 202 564-4775
Email: dominiak.mary@epa.gov

Barbara Leczynski
Phone: 202 564-4770
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov

RIN: 2070-AD43


3302. SUSTAINABLE FUTURES;
VOLUNTARY PILOT PROJECT UNDER
THE TSCA NEW CHEMICAL
PROGRAM

Priority: Other Significant

CFR Citation: None

Completed:
                                                        Reason
                  Date
Notice Announcing    12/11/02 67 FR 76282
  Voluntary Pilot
  Project

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Agency Contact: Bill Waugh
Phone: 202 564-7657
Fax: 202 564-7440
Email: waugh.bill@epa.gov

Kenneth Moss
Phone: 202 564-9232
Email: moss.kenneth@epamail.epa.gov

RIN: 2070-AD60

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                Federal Register/Vol.  68, No.  101 /Tuesday, May 27, 2003/Unified  Agenda
                                                                 31063
Environmental Protection  Agency (EPA)
Emergency Planning and  Community Right-to-Know Act (EPCRA)
                                                  Proposed Rule  Stage
3303. • TRADE SECRECY CLAIMS
FOR EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
INFORMATION; AND TRADE SECRET
DISCLOSURES TO HEALTH
PROFESSIONALS; AMENDMENT
Priority: Info./Admin./Other
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 350.16; 40 CFR
350.17; 40 CFR 350.27
Legal Deadline: None
Abstract: On July 29,1988, EPA
published the procedures for claims of
trade secrecy made by facilities
reporting under sections 303(d)(2) and
(d)(3), 311, 312, and 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA), codified in
40 CFR part 350, including where to
mail these claims. EPA also published
the trade secrecy substantiation forms
in the final rule. This  proposed rule
amends the regulations published in
1988 to change the location to submit
claims and appeals. This proposed rule
also amends the regulations to remove
the substantiation forms for trade
secrecy claims.
The regulations promulgated in July
1988 allows EPA to disclose to
authorized representatives including
contractors and subcontractors to EPA
who perform work for EPA in
connection with EPCRA regulations.
For handling trade secret claims, EPA
has contracted to a private firm, and
this contract is recompleted every three
years. Section 350.16 lists the address
of the contractor location which is now
outdated, this action will reflect this
change. Another revision will be to
change EPA's address  in section 350.17
since EPA is at a new  location. The
last revision is to remove the
substantiation form in section 350.27
and make it available on the program
office's website. This is needed since
the Office of Management and Budget
(OMB) approves the form every three
years during the renewal of Information
Collection Requirement submitted
under the Paperwork Reduction Act.
The date that appears  on the form for
OMB approval is also  outdated. Since
the address to mail the trade secrecy
claims and the OMB approval date may
change periodically, the Agency has
decided  to refer to the program offices
website for this information.
This action will not raise any
regulatory burden on any entities
subject to the requirements under 40
CFR part 350; it is only informing the
public of the changes.
Timetable:
Action
                   Date
NPRM
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4781
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing; 32511
Petrochemical Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov

Larry Reisman, Environmental
Protection Agency, Solid Waste and
Emergency Response, 2844T,
Washington, DC 20460
Phone: 202 566-0751
Fax: 202 564-0741
Email: reisman.larry@epa.gov
RIN: 2050-AF10
3304. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHS)
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
requesting that phosmet be removed
from the list of Extremely Hazardous
Substances (EHS) list under the
Emergency Planning and Community
Right-to-Know Act (EPCRA). The
petitioner claims that phosmet does not
meet the acute toxicity criteria for
listing.  This action is a proposed rule
to delete the chemical from the EHS
list and seeks public comment on the
acute toxicity data reviewed and EPA'
s proposal.
EPA considered  conducting additional
toxicity testing to solve a dispute
involving some questionable toxicity
data. However, the petitioner
conducted new tests; the results of
which EPA considered in its decision
to propose a deletion of the chemical.
Since the action involves delisting
phosmet (a pesticide) from a regulated
list of chemicals, EPA anticipates no
additional costs on regulated entities,
which include the petitioner,
distributors of pesticides and farm uses
of the pesticides. This action, if
finalized, would reduce the regulatory
burden for facilities that handle
phosmet on-site, as well as Local
Emergency Planning Committees, of
complying with the emergency
planning and notification requirements
for the chemical phosmet under EPCRA
sections 302, 303, and 304.
Timetable:
                   Action
                   Date
                   NPRM
                 07/00/03
                   Regulatory Flexibility Analysis
                   Required: No
                   Small Entities Affected: No
                   Government Levels Affected: None
                   Additional Information: SAN No. 3994
                   Sectors Affected: 11133 Noncitrus
                   Fruit and Tree Nut Farming; 111421
                   Nursery and Tree Production; 42291
                   Farm Supplies Wholesalers
                   Agency Contact: Kathy Franklin,
                   Environmental Protection Agency,
                   Solid Waste and Emergency Response,
                   5104A, Washington, DC 20460
                   Phone: 202 564-7987
                   Fax: 202 564-8444
                   Email: franklin.kathy@epa.gov

                   Sicy Jacob, Environmental Protection
                   Agency, Solid Waste and Emergency
                   Response, 5104A, Washington, DC
                   20460
                   Phone: 202 564-8019
                   Fax: 202 564-8233
                   Email: jacob.sicy@epa.gov
                   RIN: 2050-AE42


                   3305. • EMERGENCY PLANNING AND
                   COMMUNITY RIGHT-TO-KNOW ACT:
                   MODIFICATION TO THE THRESHOLD
                   PLANNING QUANTITY
                   METHODOLOGY FOR THE
                   EXTREMELY HAZARDOUS
                   SUBSTANCES THAT ARE SOLIDS IN
                   SOLUTION
                   Priority: Other Significant
                   Legal Authority: 42 USC 11001

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31064
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Emergency Planning and Community  Right-to-Know Act (EPCRA)
                                                                       Proposed Rule  Stage
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQJ for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on a very
conservative assumption that the entire
quantity of the solid chemical at a
facility could potentially be released to
air in event of an accident. EPA will
propose a rule to revise the TPQ for
solids in solution and seek comment
on an alternative approach based on
industry's request to revisit the TPQ
rationale for the chemical  paraquat
dichloride (handled as a solid in
aqueous solution). Use of this
experimental data would likely raise
the TPQ for solids in solution and
result in relieving some facilities
(number and type unknown at this
time) from the regulatory emergency
planning and notification requirements
under section 302 to 304 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA). EPA will
evaluate various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment  on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
   Date
NPRM             11/00/03
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Additional Information: SAN No. 4753

Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-8444
Email: franklin.kathy@epa.gov

Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov

RIN: 2050-AF08
                     3306. TRI; REVISIONS TO THE
                     OTHERWISE USE ACTIVITY
                     EXEMPTIONS AND THE COAL
                     EXTRACTION ACTIVITIES EXEMPTION
                     Priority: Substantive, Nonsignificant.
                     Major status under 5 USC 801 is
                     undetermined.
                     Unfunded Mandates: Undetermined
                     Legal Authority: 42 USC 11001 et seq
                     CFR Citation: 40 CFR 372
                     Legal Deadline: None
                     Abstract: The Toxics Release Inventory
                     (TRI) requires reporting from facilities
                     that manufacture or process at least
                     25,000 pounds of a listed non-PBT
                     chemical, or otherwise use 10,000
                     pounds of a listed non-PBT chemical.
                     The activity thresholds are lower for
                     listed PBT chemicals. In determining
                     amounts of listed chemicals that are
                     manufactured, processed or otherwise
                     used, facilities may 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 personal
                     use exemption, and the motor vehicle
                     maintenance exemption. Also known as
                     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
                     NPRM
                     Final Action
01/00/04
02/00/05
                     Regulatory Flexibility Analysis
                     Required: Undetermined
                     Small Entities Affected: Businesses
                     Government Levels Affected: Federal,
                     State
                     Additional Information: SAN No. 4265
                     Agency Contact: Lawrence A.
                     Reisman, Environmental Protection
                     Agency, Office of Environmental
                     Information, 2844T, Washington, DC
                     20460
                     Phone: 202 566-0751
                     Fax: 202 566-0741
                     Email: reisman.larry@epa.gov

                     John Dombrowski, Environmental
                     Protection Agency, Office of
                     Environmental Information, 2844T,
                     Washington, DC 20460
Phone: 202 566-0742
Fax: 202 566-0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA06


3307.  CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order  set aside EPA's interpretation of
manufacture stating that naturally
occurring ores can not be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
                    Action
                   Date
                    NPRM
                    Final Action
                  10/00/03
                  10/00/04
                    Regulatory Flexibility Analysis
                    Required: Undetermined
                    Small Entities Affected: Businesses
                    Government Levels Affected:
                    Undetermined
                    Federalism: Undetermined
                    Additional Information: SAN No. 4616
                    URL For More Information:
                    www.epa.gov
                    Agency Contact: Marc Edmonds,
                    Environmental Protection Agency,
                    Office of Environmental Information,
                    2844, Washington, DC 20460
                    Phone: 202 566-0758

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                Federal  Register/Vol. 68, No. 101/Tuesday, May 27,  2003/Unified Agenda
                                                                 31065
 EPA—Emergency Planning  and  Community Right-to-Know Act  (EPCRA)
                                                  Proposed Rule Stage
Fax: 202 566-0741
Email: edmonds.marc@epa.gov

John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0742
Fax: 202 566-0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA11


3308. ADDITION OF TOXICITY
EQUIVALENCY (TEQ) REPORTING
AND QUANTITY DATA FOR
INDIVIDUAL MEMBERS OF THE
DIOXIN AND DIOXIN-LIKE
COMPOUNDS CATEGORY UNDER
EPCRA, SECTION 313
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (TEQ) reporting for the
category and quantity data for
individual members of the category to
the grams only reporting currently
required for the category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8-
tetrachlorodibenzo-p-dioxin and
1,2,3,7,8-pentachlorodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds  in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.

Timetable:
Action
  Date
NPRM
Final Action
05/00/03
01/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal,
State

Additional Information: SAN No. 4692

URL For More Information:
www.epa.gov

Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email: bushman.daniel@epa.gov

John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0742
Fax: 202 566-0741
Email:
dombrowski.john@epamail.epa.gov

RIN: 2025-AA12
Environmental Protection  Agency (EPA)
Emergency Planning and  Community Right-to-Know Act  (EPCRA)
                                                      Final Rule Stage
3309. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY

Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.

Legal Authority: 42 USC 11013 EPCRA
313

CFR Citation: 40 CFR 372

Legal Deadline:  None

Abstract: This is an ongoing action to
cover all chemical petitions received by
the TRI Program. 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
Notice DBNPA      10/27/95  60 FR 54949
  (Request to Delete)
NPRM Diisononyl    09/05/00  65 FR 53681
  phthalate (DINP)
  (Request to Add)
Response Acetonitrile 06/00/03
  (Request to Delete)
Response Nitrogen   06/00/03
  Tetroxide (Request
  to Add)
Response Chromium, 08/00/03
  Antimony, Titanite
  (Request to Delete)
Final Action DBNPA  11/00/03
  (Request to Delete)
Final Action Diisononyl 11/00/03
  phthalate (DINP)
  (Request to Add)

Regulatory  Flexibility Analysis
Required: No

Small Entities Affected: Businesses
                   Government Levels Affected: Federal,
                   State

                   Additional Information: SAN No. 2425

                   URL For More Information:
                   www.epa.gov

                   Agency Contact: Daniel R. Bushman,
                   Environmental Protection Agency,
                   Office of Environmental Information,
                   2844T, Washington, DC 20460
                   Phone: 202 566-0743
                   Fax: 202 566-0741
                   Email: bushman.daniel@epa.gov

                   John Dombrowski, Environmental
                   Protection Agency, Office of
                   Environmental Information, 2844T,
                   Washington, DC 20460
                   Phone: 202 566-0742
                   Fax: 202 566-0741
                   Email:
                   dombrowski.john@epamail.epa.gov

                   RIN: 2025-AAOO

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31066
Federal Register/Vol.  68, No.  101/Tuesday, May 27, 2003/Unified  Agenda
EPA—Emergency  Planning and Community  Right-to-Know Act (EPCRA)
                                                                           Final  Rule Stage
3310. TOXIC CHEMICAL RELEASE
REPORTING USING NORTH
AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM (NAICS)
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
                     that are now subject to TRI reporting.
                     Therefore, there should be no increased
                     burden resulting from this action.

                     Timetable:
                     Action
                                       Date
                     NPRM Comment
                      Period End
                     NPRM
                     Final Action
03/20/03

03/21/03 68 FR 13872
12/00/03
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: No

                     Government Levels Affected: Federal,
                     State
                     Additional Information: SAN No. 4595

                     Sectors Affected: 212 Mining (except
                     Oil and Gas);  221 Utilities; 562 Waste
                     Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
www.epa.gov
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov

John Dombrowski,  Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0742
Fax: 202 566-0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA10
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
                                                                        Long-Term Actions
3311. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998.  (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: reporting
thresholds for rock salt, sand, gravel
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility.
This supplemental rule, when finalized,
will minimize burden for those
facilities that are currently reporting
chemicals that pose minimal risk under
                     sections 311 and 312 of the Emergency
                     Planning and Community Right-to-
                     Know Act. This rule, when finalized,
                     may also reduce the number of
                     facilities subject to these  reporting
                     requirements. The reporting
                     requirements under sections 311 and
                     312 are intended to enhance
                     communities' and emergency response
                     officials' awareness of chemical
                     hazards; to facilitate the development
                     of State and local emergency response
                     plans; and to aid communities and
                     emergency response officials in
                     preparing for and responding to
                     emergencies safely and effectively. By
                     proposing to provide relief from routine
                     reporting of substances with minimal
                     hazards and minimal risk, state and
                     local officials can focus on chemicals
                     that may pose more significant hazard
                     or may present greater risks to the
                     community.

                     Timetable:
                     Action
 Date
                     NPRM             06/08/98 63 FR 31268
                     Supplemental NPRM    To Be Determined
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: State,
                     Local
                     Additional Information: SAN No. 3215
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-8233
Email: rodgriguez.vanessa@epa.gov

Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE17


3312. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT;
EXTREMELY HAZARDOUS
SUBSTANCES LIST; 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

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                Federal Register/Vol.  68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                     31067
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
                                                                        Long-Term  Actions
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 (TPQJ 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. The goal
is to finalize the TPQ for IPDI.
This action will be setting the correct
threshold planning quantity for IPDI,
which was set in error in the April 22,
1987, final rule. No new entities are
regulated by this action, however since
the TPQ will be set higher than it is
at present time, fewer facilities will be
subject to the requirements under
section 302, 311, and 312  of the
Emergency Planning and Community
Right-to-Know Act.
Timetable:
Action
Date
Final Action
 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3993
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE43
3313. 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
NPRM Original
  Proposed rule to
  add 313 chemicals
NPRM 40 chemicals
  and one chemical
  category deferred
  from final rule.
                                                       01/12/94 59 FR1788
3314. 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.
                                                         To Be Determined    Timetable:
                                                        Action
                                                                           Date
                   Regulatory Flexibility Analysis
                   Required: No

                   Small Entities Affected: Businesses

                   Government Levels Affected: Federal,
                   State

                   Additional Information: SAN No. 3007

                   Sectors Affected: 42269 Other
                   Chemical and Allied Products
                   Wholesalers

                   Agency Contact: Daniel R. Bushman,
                   Environmental Protection Agency,
                   Office of Environmental Information,
                   2844T, Washington, DC 20460
                   Phone: 202 566-0743
                   Fax: 202 566-0741
                   Email: bushman.daniel@epa.gov

                   John Dombrowski, Environmental
                   Protection Agency, Office of
                   Environmental Information, 2844T,
                   Washington, DC 20460
                   Phone: 202 566-0742
                   Fax: 202 566-0741
                   Email:
                   dombrowski.john@epamail.epa.gov

                   RIN: 2025-AA01
                                                        NPRM
                                                        Final Action
                  07/00/04
                  07/00/05
                                     Regulatory Flexibility Analysis
                                     Required: No

                                     Small Entities Affected: No

                                     Government Levels Affected: Federal,
                                     State

                                     Additional Information: SAN No. 4015

                                     URL For More Information:
                                     www.epa.gov

                                     Agency Contact: Steve Devito,
                                     Environmental Protection Agency,
                                     Office of Environmental Information,
                                     2844T, Washington, DC 20460
                                     Phone: 202 566-0755
                                     Fax: 202 566-0741
                                     Email: devito.steve@epa.gov

                                     John Dombrowski, Environmental
                                     Protection Agency, Office of
                                     Environmental Information, 2844T,
                                     Washington, DC 20460
                                     Phone: 202 566-0742
                                     Fax: 202 566-0741
                                     Email:
                                     dombrowski.john@epamail.epa.gov

                                     RIN: 2025-AA03

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31068
Federal Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Emergency  Planning and Community  Right-to-Know Act (EPCRA)
                                                                        Long-Term Actions
3315. 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
                   Action
                   Supplemental NPRM
                   Final Action
                  Date
                   To Be  Determined
                   To Be  Determined
                     NPRM
                     Response
09/25/91 56 FR 48475
  To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: Federal,
State

Additional Information: SAN No. 2847

URL For More Information:
www.epa.gov

Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0742
Fax: 202 566-0741
Email:
dombrowski.john@epamail.epa.gov

RIN: 2025-AA09
Environmental  Protection  Agency (EPA)
Emergency Planning and  Community Right-to-Know Act (EPCRA)
                                                                        Completed Actions
3316. TRI: APA PETITION-EPCRA 313
DEFINITION OF OVERBURDEN AS IT
RELATES TO THE MINING INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Completed:          	
Reason
   Date
                     Regulatory Flexibility Analysis
                     Required: No
                     Government Levels Affected: None
                     Agency Contact: Peter South
                     Phone: 202 566-7507
                     Fax: 202 564-0741
                     Email: south.peter@epa.gov
Notice
 10/10/02  67 FR 63060  John Dombrowski
                   Phone: 202 566-0742
                   Fax: 202 566-0741
                   Email:
                   dombrowski.john@epamail.epa.gov

                   RIN: 2025-AA08
Environmental Protection Agency (EPA)
Resource Conservation  and Recovery Act (RCRA)
                                                                      Proposed Rule Stage
3317. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS

Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a) RCRA
6002(e)
CFR Citation: 40 CFR 247

Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
government procurement of these
                     items. Once designated, procuring
                     agencies are required to purchase these
                     items with the highest percentage of
                     recovered materials practicable.
                     Government procurement of EPA-
                     designated items containing recovered
                     materials fosters markets for recovered
                     materials and, thereby, closes the
                     recycling loop. To date, EPA has
                     designated 54 items under three
                     Comprehensive Procurement
                     Guidelines (CPGl, CPG2 and CPG3).
                     EPA has also issued a Recovered
                     Materials Advisory Notice (RMAN)
                     with each CPG which provides
                     recommendations on buying the
                     designated items. The E.O. requires
                     EPA to update the CPG every two
                     years. The newest action issues
                   proposed item designations in CPG5 in
                   a NPRM. Soon afterwards EPA will
                   issue final item designations in CPG4.

                   Timetable:
                   Action
                                      Date
                   Notice-PPRMA--     06/08/98 63 FR 31214
                     Paper Products
                     Recovered
                     Materials Advisory
                     Notice
                   Notice-RMAN 1 --     06/08/98 63 FR 31217
                     Recovered
                     Materials Advisory
                     Notice I Update
                   NPRM (CPG3 and    08/26/98 63 FR 45558
                     RMAN 3)
                   Final-CPG3-RMAN3   01/19/00 65FR3069
                     (CPG3 and RMAN
                     3)

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   31069
EPA—Resource  Conservation and Recovery Act (RCRA)
                                                   Proposed  Rule Stage
Action              Date
Notice-NAFD Notice of 01/19/00 65 FR 3082
  Availability of Final
  Document
NPRM-CPG4-RMAN4 08/28/01 66 FR 45256
  (CPG4 and RMAN
  4)
NPRM-CPG5        05/00/03
Final-CPG4-RMAN4  07/00/03
  (CPG4 and RMAN
  4)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3545
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-0199
Fax:  703 a08-8686
Email:  nogas.sue@epa.gov
RIN:  2050-AE23


3318. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA; LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR  Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
to allow leachate recirculation over
alternative liner systems which meet
the performance standard specified by
the municipal solid waste landfill
(MSWLF) criteria. The performance
determination would be made by the
state  director of an approved MSWLF
program. EPA also plans to propose a
new  section to the MSWLF criteria
which will allow the alternative of
clean closure of landfills rather than
require the installation of a landfill cap,
which would allow the solid waste in
the MSWLF to be totally removed from
the site and be properly disposed of
at another site. Finally, EPA plans to
propose an additional factor to 258.54
for determining the frequency of
ground water monitoring for the
detection monitoring program specified
in this  subpart. The additional factor
for consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
less than once a year as stated in the
existing regulation.
The Federal role is to establish
minimum protective criteria (Part 258).
This proposal will allow additional
flexibility for facility managers of
municipal landfills to achieve
compliance with the criteria. By
providing additional flexibility this
proposal will reduce potential costs
while providing alternative means of
environmental protection.

Timetable:
Action
                   Date
NODA-Request for   04/06/00 65 FR 18014
  Information and
  Data
NPRM             08/00/03

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected:  State,
Local, Tribal

Additional Information: SAN No. 4230

Sectors Affected: 562 Waste
Management and Remediation Services

Agency Contact: 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
3319. LISTING DETERMINATION AND
LDR FOR WASTES GENERATED
DURING THE MANUFACTURE OF
AZO, ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS

Priority: Other Significant
Legal Authority: 42 USC 6921; RCRA
3001; 42 USC 9602; CERCLA 102
 CFR Citation: 40 CFR 148; 40 CFR 261;
 40 CFR 264; 40 CFR 265; 40 CFR 268;
 40 CFR 271; 40 CFR 302
 Legal Deadline: NPRM, Judicial,
 November 10, 2003.
 Final, Judicial, February 15, 2005.
 Abstract: This action is mandated by
 the 1984 Hazardous and Solid Waste
 Amendments and a consent decree
 (EDF v. Browner, Civil Action No. 89-
 0598, D.D.C.). 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 the Resource
 Conservation and Recovery Act (RCRA)
 to control any potentially unacceptable
 risks. If listed under RCRA, these
 wastes would also be added to the
 Comprehensive Environmental
 Response, Compensation, and Liability
 Act (CERCLA).
 Upon evaluation of risk assessment
 modeling results, we will propose
 whether or not to list the wastes of
 concern. If relevant, we may include
 contingencies to focus the listing on
 particular waste management practices.
 If we determine that these wastes
 warrant listing,  we will provide the
 benefit of protecting human health and
 the  environment. At the same time, we
 plan to provide specific risk-reduction
 goals for industry, which, if met, will
 significantly reduce the regulatory
burden associated with the listing
 determination. As of early 2003, we
 have not yet quantified potential costs
 associated with this rule. Depending on
 how the proposal is structured, there
 may be some small business impacts.
 The current action is a re-proposal of
 prior actions. We proposed listing
 decisions for most of the targeted
 wastes in 1994, and several other
 wastes in 1999. The 1994 and 1999
 proposals were  incomplete because
 they did not contain information
 claimed to be confidential by industry
 (the data are subject to an injunction
 prohibiting their release). The current
 action does not rely on the contested
 data and will replace the 1994 and
 1999 proposals. The re-proposal will
 also identify land disposal restrictions
 for the wastes of concern.
The current action is targeted on wastes
from the manufacture of dyes and
pigments, with specific emphasis on
certain product  classes (azos,
anthraquinones, triarylmethanes).

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EPA—Resource  Conservation and Recovery Act (RCRA)
                                                                                         Proposed  Rule  Stage
Manufacturers of these products will
need to assess their wastes to determine
whether they meet the final listing
definitions.
Timetable:
Action
                   Date
                  12/22/94 59 FR 66072
                  07/23/99 64 FR 40192
NPRM-Dyes I
NPRM-Dyes II
  (Deferred Wastes)
NPRM-Dyes and     11/00/03
  Pigments III
Final Action-Dyes and  02/00/05
  Pigments III

Regulatory Flexibility Analysis
Required: Undetermined

Government Levels Affected: Federal,
State, Tribal

Additional Information: SAN No. 3066

Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing

Agency Contact: Gwen DiPietro,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703  308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov

Sue Slotnick, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703  308-8462
Fax: 703 308-0522
Email: slotnick.sue@epa.gov
RIN: 2050-AD80


3320. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261

Legal Deadline: None

Abstract: EPA is proposing to modify
the RCRA regulations for management
of solvent-contaminated industrial
wipes in response to stakeholder
concerns that industrial wipes are over-
regulated because they pose little threat
to human health and the environment.
Industrial wipes are used with solvents
across industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic sub-sectors, but many users
use small numbers  of wipes with small
amounts of solvents on them.
This proposed regulation would
provide regulatory relief for two types
of solvent-contaminated industrial
wipes: (1) disposable wipes, which are
disposed of in a landfill or by
combustion after use, and (2) reusable
wipes, which are laundered after use
to remove the solvent and then are
used again. The proposal is to
conditionally exclude disposable
industrial wipes from the definition of
hazardous waste and to conditionally
exclude reusable industrial wipes from
the  definition of solid waste.
The regulation is estimated to result in
$34 million of savings throughout the
economy and has been developed with
conditions to ensure that management
of these solvents remains protective of
human health and the environment.
Timetable:
                                      Action
                                                         Date
                                      NPRM
                  07/00/03
                                      Regulatory Flexibility Analysis
                                      Required: No

                                      Small Entities Affected: Businesses

                                      Government Levels Affected: Federal,
                                      State

                                      Additional Information: SAN No. 4091
                                      Sectors Affected: 812 Personal and
                                      Laundry Services; 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
                                      Agency Contact: Katherine Blanton,
                                      Environmental Protection Agency,
                                      Solid Waste and Emergency Response,
                                      5304W, Washington, DC 20460
                                      Phone:  703 605-0761
                                      Fax: 703 308-0514
                                      Email: blanton.katherine@epa.gov

                                      RIN: 2050-AE51
                                      3321. REVISION OF WASTEWATER
                                      TREATMENT EXEMPTIONS FOR
                                      HAZARDOUS WASTE MIXTURES
                                      Priority: Other Significant
                                      Legal Authority: 42 USC 6912(a); 42
                                      USC 6921; 42 USC 6922; 42 USC 6924;
                                      42 USC 6926
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(G)(Revision)

Legal Deadline: None

Abstract: This proposed revision to the
wastewater treatment exemptions for
hazardous waste mixtures would
address inconsistencies in the
regulations, as well as provide
regulatory relief. Current EPA mixture
rule exemptions have not kept up with
more recent additions to solvent
listings, Clean Air Act regulations,
wastewater treatment technology, and
policies affecting other hazardous
wastes. Therefore, the need exists for
a Federal deregulatory solution to
resolve these inconsistencies. It is
estimated that this proposal, if
finalized, will  save $11 to $49 million
in compliance costs. EPA is proposing
to add two solvents (benzene and 2-
ethoxyethanol) to the hazardous waste
exemptions for mixtures of spent
solvents in wastewater treatment plants
(headworks rule) at 40 CFR
261.3(a)(2)(iv)(A) and (B). EPA is
proposing not to take action on two
other solvents, 2-nitropropane and
1,1,2-trichloroethane. In addition, EPA
is proposing (1) changes in the
implementation of the rule from using
mass balance only, to choice of using
direct monitoring; (2) revising the types
of facilities and the types of wastes
eligible for the de minimis exemption
under section 261.3(a)(2)(iv)(D); and
clarifying the applicability of the
exemption to scrubber waters from the
incineration of spent  solvents. The
Agency will review comments from the
public and formulate  a final revision
taking public comment into
consideration.  Facilities affected by this
action include industrial facilities with
on-site wastewater treatment plants,
commercial wastewater treatment
facilities, and certain  Federal facilities.

Timetable:
                                      Action
                   Date
                                      NPRM-Revisionsfor   05/00/03
                                        Wastewater
                                        Treatment
                                        Exemptions

                                      Regulatory Flexibility Analysis
                                      Required: No

                                      Small Entities Affected: No

                                      Government Levels Affected: Federal,
                                      State

                                      Additional Information: SAN No. 4501

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EPA—Resource Conservation and Recovery  Act (RCRA)
                                                   Proposed  Rule Stage
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services

URL For Public Comments:
NPRM-www.epa.gov

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

Laura Burrell, Environmental Protection
Agency, Solid Waste and Emergency
Response,  5304W
Phone: 703 308-0005
Fax: 703 308-0514
Email:  burrell.laura@epamail.epa.gov

RIN: 2050-AE84


3322. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS

Priority: Other Significant

Unfunded  Mandates: Undetermined
Legal Authority: Not Yet Determined

CFR Citation: 40 CFR 261
Legal Deadline: None

Abstract: Many metal finishers and
other industrial sectors generate an
electroplating sludge as part of their
production process that is amenable to
recycling; i.e., the sludge contains
economically recoverable amounts of
metals  such as copper, nickel, zinc, etc.
Currently,  these sludges (F006) are
listed hazardous wastes subject to
RCRA regulations. Many generators
continue to send these sludges for
treatment and disposal when they
could be recycled. Similarly, generators
currently sending their sludges for
recycling receive no economic benefit
for this practice. Since the mid-1990's,
EPA has been working with industry
and the States to create incentives for
safe recycling and has promulgated
rules to foster this practice. However,
EPA is  interested in exploring whether
further regulatory changes are
warranted.
EPA is  currently evaluating several
options that would provide regulatory
relief to generators and handlers of
F006. All options would reduce
regulatory  costs to generators and
handlers relative to the current RCRA
subtitle C regulatory program.
Timetable:
Action
                   Date
NPRM
                  12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4651
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email:  oleary.jim@epa.gov

Jim Michael, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8610
Fax: 703 308-0514
Email:  michael.jim@epa.gov
RIN: 2050-AE97

3323. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority: Other Significant
Legal Authority: RCRA sec 1004; 42
USC 6903
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: Under RCRA, to be a
hazardous waste, a material must also
be a solid waste. EPA's framework for
determining whether a material is a
solid waste is based on what the
material is, and how it's managed (e.g.,
how it  is used, reused, etc.). For
materials being recycled, RCRA
jurisdiction is complex and the history
of legal decisions related to the
definition of solid waste is  extensive
(AMC I, API I, AMC II, ABR, API II,
etc.). In response to American Mining
Congress v. EPA, 824 F. 2d 1177(D.C.
Cir. 1987) (AMC I) and one of the most
recent decisions, the Association of
Battery Recyclers, v. EPA 208 F.3d
1047 (2000) (ABR), EPA has decided
to initiate development of a proposed
rule to  revise the definition of solid
waste. We expect that the proposed
rule will specifically address materials
undergoing reclamation. In the context
of reclamation, we plan to discuss
options for how to distinguish materials
that are discarded from materials that
remain in use in a continuous
industrial process and we anticipate
proposing a definition of "continuous
industrial process." Generally, we
believe that removing the specter of
RCRA control where it is not necessary
can spur increased reuse and recycling
of hazardous waste, and will lead to
better resource conservation and
improved materials management
overall.
Timetable:
Action
 Date
NPRM
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4670
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov

Ingrid Rosencrantz, Environmental
Protection Agency, Solid Waste and
Emergency Response, Washington, DC
20460
Phone: 703 605-0709
Fax: 703 308-0522
Email:
rosencrantz.ingrid@epamail.epa.gov
RIN: 2050-AE98


3324. •  RECYCLED USED OIL
CONTAINING PCBS: AMENDMENTS
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

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EPA—Resource  Conservation and Recovery  Act (RCRA)
                                                                        Proposed  Rule Stage
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 withdrew these three
amendments and reinstated the
regulatory text that existed prior to the
May 6, 1998, direct final rule. The
remaining amendments that did not
receive any relevant adverse comments
became effective on July 6, 1998 as
provided in the May 6, 1998 direct
final rule. EPA will promulgate a final
rule addressing the comments received
and finalizing the three amendments
that were withdrawn, as appropriate.
Timetable:
Action
   Date
NPRM             05/06/98 63 FR 25006
Direct Final Rule      05/06/98 63 FR 24963
Partial Removal (of 3   07/14/98 63 FR 37780
  Amendments)
NPRM             07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4088
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
                     Phone: 703 308-0046
                     Fax: 703 308-8638
                     Email: svizzero.michael@epa.gov
                     RIN: 2050-AF07


                     3325.  • REVISIONS OF THE LEAD-
                     ACID  BATTERY EXPORT
                     NOTIFICATION AND CONSENT
                     REQUIREMENTS
                     Priority: Other Significant
                     Legal Authority: 42 USC 6901 et seq
                     CFR Citation: 40 CFR subpart G
                     266.80(a)
                     Legal Deadline: None
                     Abstract: Currently, generators,
                     transporters and facilities that reclaim
                     but do not store spent lead-acid
                     batteries are exempt from hazardous
                     waste management requirements, as
                     specified in 40 CFR part 266 subpart
                     G. Spent lead-acid batteries destined for
                     export/reclamation are not, therefore,
                     subject to RCRA manifesting or export
                     notification and consent requirements
                     specified in 40 CFR part 262. Allowing
                     the export of spent lead-acid batteries
                     without prior notice and  consent of the
                     receiving country is not consistent with
                     widely accepted international practices.
                     Similarly, the exemption contrasts with
                     more recent Universal Waste
                     requirements in 40 CFR part 262,
                     which require export notice and
                     consent for comparable exempt waste
                     streams. The purpose of this regulation
                     is to modify the spent lead-acid battery
                     exemption to require appropriate notice
                     and consent for those batteries intended
                     for export.
                     Timetable:
                     Action
                                        Date
                     NPRM
                     Final Action
                  04/00/04
                  04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4778
Agency Contact: Timothy Lehman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0290
Fax: 703 308-0522
Email:  lehman.timothy@epa.gov

Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AF06


3326. • LAND DISPOSAL
RESTRICTIONS: DETERMINATION OF
EQUIVALENT TREATMENT FOR
MACROENCAPSULATION OF
RADIOACTIVE LEAD SOLIDS;
DEFINITION OF
MACROENCAPSULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: EPA anticipates taking action
to grant a national determination of
equivalent treatment petition at the
request of the Department of Energy.
Currently the use of containers is
prohibited for the disposal of
radioactive lead solids by regulations at
40 CFR 268.42. This necessitates the
segradation and separation of
radioactive lead solids from other
debris. Containers of high density
polyethylene (HOPE) can be
constructed that provide a resistant
barrier to degradation by the wastes
and materials into which it may come
into contact after disposal. Revision of
current regulation will be required to
allow the use of such HDPE containers.
We believe these changes in disposal
practices will promote faster cleanup of
contaminated sites by removing a
regulatory distinction between
radioactive lead solids and other forms
of hazardous debris, reduce worker
exposures, and promote further
advancement in new technologies for
disposal. The use of containers are
expected to be less costly than
extrusion coatings and, therefore, this
action would be cost neutral to cost
beneficial to the Department of Energy
and other generators of radioactive lead
solids.
Timetable:
                                                          Action
                                                                              Date
                                                           NPRM
                                                           Direct Final Rule
                  10/00/03
                  10/00/03
                                                           Regulatory Flexibility Analysis
                                                           Required: No
                                                           Small Entities Affected: No
                                                           Government Levels Affected: Federal,
                                                           State, Local, Tribal

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EPA—Resource  Conservation and Recovery Act (RCRA)
                                                   Proposed Rule  Stage
Additional Information: SAN No. 4743
Agency Contact: John Austin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0436
Fax: 703 308-8433
Email: austin.john@epamail.epa.gov

Nichole Schindler, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W
Phone: 703 308-0146
Fax: 703 308-8433
Email: schindler.nichole@epa.gov
RIN: 2050-AF12


3327. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
3004; 42 USC 6925 RCRA 3005; 42 USC
7412 CAA 112; 42 USC 7414 CAA 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: Final, Judicial, June
15, 2005, Consent decree.
Abstract: On September 30, 1999, EPA
promulgated standards to control
emissions of hazardous air pollutants
from incinerators, cement kilns, and
lightweight aggregate kilns that burn
hazardous waste (referred to as the
Phase I Rule). A number of parties,
representing interests  of both industry
and the environmental community,
sought judicial review of the rule. The
Court ruled against EPA and vacated
the Phase I rule. On October 19, 2001,
EPA, together  with all petitioners, filed
a joint motion asking the Court to stay
the issuance of its mandate to allow
them time to develop  interim
standards. These stop-gap interim
standards were promulgated on
February 13 and 14, 2002. They replace
the vacated standards temporarily, until
revised replacement standards are
promulgated by June 15, 2005. This
rulemaking will propose and finalize
the Phase I replacement standards.
Also, in this rulemaking effort, we are
developing emission standards for
hazardous waste burning industrial,
institutional, commercial boilers,
process heaters, and hydrochloric acid
production furnaces. These sources are
referred to as Phase II Sources because
the standards were originally scheduled
to be promulgated after Phase I source
standards were finalized; however, a
separate consent decree now requires
us to finish developing emission
standards for the Phase II sources by
the same date as those for Phase  I (June
15, 2005). EPA is developing options
for calculating the emission standards
that are considered to be consistent
with both the statutory requirements
and the opinion of the Court. Potential
costs and benefits are not yet available,
because emission standards must be
selected before the cost/benefit analyses
begin. EPA plans to propose emission
standards and compliance provisions
for both the Phase I and Phase II
sources in December of 2003.
Timetable:
Action
Date
NPRM-Cement Kilns  04/19/96 61 FR17358
  & Lightweight
  Aggregate Kilns &
  Incinerators
Final-MACT Fasttrack  06/19/98 63 FR 33782
Final-Cement Kilns &  09/30/99 64 FR 52828
  LWAKs &
  Incinerators (Final-
  Phase I)
NODA             07/27/00 65 FR 39581
Direct Final Action    07/03/01 66 FR 35087
Parallel Proposal     07/03/01 66 FR 35124
NPRM-Phasel       07/03/01 66 FR 35126
Direct Final Action    10/15/01 66 FR 52361
Final Compliance     12/06/01 66 FR 63313
  Extension
Interim Final Action    02/13/02 67 FR 6792
Final HAP          02/14/02 67 FR 6968
NPRM Boilers & Other  12/00/03
  Industrial Furnaces
  (Phase II)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3333
Sectors Affected: 2123 Non-Metallic
Mineral Mining and Quarrying; 2211
Electric Power Generation,
Transmission and Distribution; 22132
Sewage Treatment Facilities; 3241
Petroleum and Coal Products
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3231
Printing and Related Support Activities;
3251 Basic Chemical Manufacturing;
3252 Resin, Synthetic Rubber, and
Artificial and Synthetic Fibers and
Filaments Manufacturing; 3253
Pesticide, Fertilizer and Other
Agricultural Chemical Manufacturing;
3254 Pharmaceutical and Medicine
Manufacturing; 3255 Paint, Coating,
Adhesive, and Sealant Manufacturing;
3259 Other Chemical Product
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3273 Cement
and Concrete Product Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3279 Other
Nonmetallic Mineral Product
Manufacturing; 3327 Machine Shops,
Turned Product, and Screw, Nut and
Bolt Manufacturing; 3328 Coating,
Engraving, Heat Treating and Allied
Activities; 3329 Other Fabricated Metal
Product Manufacturing; 3332 Industrial
Machinery Manufacturing; 3335 -; 3339
Other General Purpose Machinery
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
3342 Communications Equipment
Manufacturing; 3343 Audio and Video
Equipment Manufacturing; 3344
Semiconductor and Other Electronic
Component Manufacturing; 3361 Motor
Vehicle Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 4227 Petroleum
and Petroleum Products Wholesalers;
45431 Fuel Dealers; 5622 Waste
Treatment and Disposal; 5629
Remediation and Other Waste
Management Services
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


3328. 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 by

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EPA—Resource Conservation  and  Recovery Act (RCRA)
                                                                       Proposed Rule Stage
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.
Timetable:
Action
   Date
NPRM
 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4534
Agency Contact: Steven Donohue,
Environmental Protection Agency,
Office of the Administrator, 3E100,
Philadelphia, PA 19103-2029
Phone: 215 814-3215
Fax: 215 814-2782
Email: donohue.steven@epa.gov

Sherri Walker, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington,  DC
20460
Phone: 202 566-2186
Fax: 202 566-2218
Email: walker.sherri@epa.gov
RIN: 2090-AA25


3329. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42  USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
                                                          presumption that these sludges can be
                                                          safely recycled without regulatory
                                                          oversight.
                                                          Timetable:
                                                          Action
                   Date
NPRM             06/06/01 66 FR 30349
Supplemental NPRM  05/00/03
Final Action         05/00/04

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected:  Federal,
State

Additional Information: SAN No. 4565

Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184
Fax: 202 566-2200
Email: panetta.sandra@epa.gov

Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703 308-6787
Fax: 703 308-0513
Email: baca.andrew@epa.gov

RIN: 2090-AA29
Environmental  Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
                                                                             Final  Rule Stage
3330. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912; 42 USC 6924; 42 USC 6925; 42
USC 6927; 42 USC 6974
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Legal Deadline: None
Abstract: EPA has proposed creating a
new type of general permit, called a
standardized permit, for facilities that
generate waste and routinely manage
the waste on-site in tanks, containers,
and containment buildings. Under the
standardized permit, facility owners
and operators would certify compliance
with generic design and operating
conditions set on a national basis. The
permitting agency would review the
certifications submitted by the facility
owners and operators. The permitting
                     agency would also be able to impose
                     additional site-specific terms and
                     conditions for corrective action or other
                     purposes, as called for by RCRA.
                     Ensuring compliance with the
                     standardized permit's terms and
                     conditions would occur during
                     inspection of the facility after the
                     permit has been issued. The
                     standardized permit  should streamline
                     the permit process by allowing facilities
                     to obtain and modify permits more
                     easily while maintaining the
                     protectiveness currently existing in the
                     individual RCRA permit process. EPA
                     estimates that the potential average
                     annual cost savings to eligible facilities
                     from implementation of this rule will
                     range from approximately  $100 to
                     $5,800 (i.e., 2 to 140 burden hours) per
                     permit action, depending on such
                     things as the type of permit and the
                     type of storage equipment. The
                     proposal raised issues for public
                                     comment on how all facilities receiving
                                     RCRA permits can satisfy RCRA
                                     corrective action requirements under
                                     appropriate alternative state cleanup
                                     programs and on financial assurance
                                     issues. The Agency is developing a
                                     final rule addressing this topic.
                                     Timetable:
                                     Action
                   Date
                                     NPRM             10/12/01  66 FR 52191
                                     Final Action         09/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: Federal,
                                     State
                                     Additional Information: SAN No. 4028
                                     Sectors Affected: 32532 Pesticide and
                                     Other Agricultural Chemical
                                     Manufacturing; 32551 Paint and
                                     Coating Manufacturing; 332813
                                     Electroplating, Plating, Polishing,

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                Federal Register/Vol. 68, No. 101/Tuesday,  May 27, 2003/Unified Agenda
                                                                   31075
EPA—Resource Conservation and Recovery Act (RCRA)
                                                       Final  Rule Stage
Anodizing and Coloring; 325211
Plastics Material and Resin
Manufacturing; 3252 Resin, Synthetic
Rubber, and Artificial and Synthetic
Fibers and Filaments Manufacturing;
32411 Petroleum Refineries; 3251 Basic
Chemical Manufacturing
Agency Contact: Jeff Gaines,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone; 703 308-8655
Fax: 703 308-8609
Email: gaines.jeff@epa.gov
RIN: 2050-AE44


3331. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a); RCRA
2002(a); 42 USC 6921(a); RCRA  3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that some additional control of CKD
was needed and published a regulatory
determination (60 FR 7366, 2/7/95). On
August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA subtitle D. On July
25, 2002, the Agency published  a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD.
The Agency is now considering  an
approach whereby it would finalize the
proposed option of issuing the
protective CKD management standards
as described in the August 20,1999,
proposal as a RCRA subtitle D rule. The
Agency would temporarily suspend its
active consideration of the proposed
listing of mismanaged CKD as a
hazardous waste, and assess how CKD
management practices and State
regulatory programs evolve over the
next three to five years. Based on this
assessment, EPA will then proceed to
either formally withdraw or promulgate
the portion of the 1999 proposal that
classifies as a RCRA hazardous waste
CKD that has been egregiously
mismanaged.

EPA will be  promoting pollution
prevention, recycling, and safer
disposal of CKD by considering
finalization of protective management
standards for this waste. The Agency
believes that these management
standards are a creative, affordable, and
common sense approach that can
protect human health and the
environment without imposing
unnecessary  regulatory burdens on the
cement kiln industry. These standards
provide a new, tailored  framework that
safeguards groundwater and limits risk
from releases of dust to  air.
Timetable:
Action
Notice Regulatory
Determination
NPRM
Notice of Data
Availability
Notice
Final Action
Date
02/07/95 60 FR 7366
08/20/99 64 FR 45632
07/25/02 67 FR 48648

11/08/02 67 FR 681 30
09/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State

Additional Information: SAN No. 3856

Sectors Affected: 32731 Cement
Manufacturing

Agency Contact: Anthony Carrell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-0458
Fax: 703 308-8686
Email: carrell.anthony@epa.gov

Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov

RIN: 2050-AE34
3332. CRITERIA FOR
CLASSIFICATION OF SOLID WASTE
DISPOSAL FACILITIES AND
PRACTICES AND CRITERIA FOR
MUNICIPAL SOLID WASTE
LANDFILLS: DISPOSAL OF
RESIDENTIAL LEAD-BASED PAINT
WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907(a)(3); 42
USC 6912(a); 42 USC 6944; 42 USC
6949a
CFR Citation: 40 CFR 257; 40 CFR 258
Legal Deadline: None
Abstract: To help accelerate the pace
of lead-based paint removal from
residences, and thereby reduce
exposure of children and adults to
health risks associated with lead, the
Agency plans to expand disposal
options for residential lead-based paint
waste. The rule would revise the
definition of "municipal solid waste
landfill (MSWLF) unit," and add
definitions of "construction and
demolition (C&D) landfill" and
"residential lead-based paint waste" in
the Criteria for Classification of Solid
Waste Disposal Facilities and Practices
(part 257)  and Criteria for Municipal
Solid Waste Landfills (part 258). This
amendment will provide additional
flexibility to disposers  of residential
lead-based paint waste by allowing
such waste to be disposed of in C&D
landfills as well as in MSWLF units.
The final rule will impose no
additional costs and will result in cost
savings.
Timetable:
Action
Date
NPRM             10/23/01 66 FR 53566
Direct Final Rule      10/23/01 66 FR 53535
Direct Final Withdrawn 12/28/01 66 FR 67108
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4525
Sectors Affected: 235 Special Trade
Contractors; 23599 All Other Special
Trade Contractors; 562212 Solid Waste
Landfill
Agency Contact: Paul F. Cassidy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460

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EPA—Resource Conservation  and  Recovery Act  (RCRA)
                                                                            Final Rule  Stage
Phone: 703 308-7281
Fax: 703 308-8686
Email: cassidy.paul@epa.gov
RIN: 2050-AE86


3333. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 6905; 42 USC
S912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42  USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6936; 42  USC 6937; 42 USC
6938; ...
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's process for releasing
analytical methods through the SW-846
methods compendium which support
the RCRA program, has been through
publishing FR notices and taking public
comment. SW-846 methods are widely
used, but the majority of the methods
are not required by any particular
regulation. Therefore, EPA has
proposed a streamlined process for
releasing analytical methodologies to
the public, while also promoting  the
Performance Base Measurement
Approach in the Methods Innovation
Proposed Rule (MIR) (FAR: 67FR 66252
(October 30, 2002)). The comment
period was extended until February 28,
2003. In addition EPA has been
working to break down the barriers that
the environmental monitoring
community faces when trying to use
new monitoring techniques. As a first
step, EPA has accelerated its review
process for new methods by eliminating
several unnecessary internal review
steps. However, there are currently 32
citations in title 40 of the Code of
Federal Regulations (CFR) where  the
use of SW-846 methods is required. As
a second step  for speeding up the
approval process, EPA proposed to
remove the requirements to use SW-846
methods for other than method defined
parameters (i.e., where the method
defines the regulations, such as the
Toxicity Characteristic Leaching
Procedure) from 40 CFR.  This action
will likely  lead to an even more
streamlined approval process since SW-
846 will then  be able to be handled
strictly as guidance and not need the
regulatory process for approval. This
additional  streamlining will permit
new, more cost-effective methods to
                     attain public and regulatory authority
                     acceptance in much less time, allowing
                     required monitoring to be done more
                     cheaply, faster and, in some cases,
                     more accurately. The MIR and previous
                     method packages have been exempt
                     from OMB review and SBREFA
                     analysis due the nature of the guidance
                     and it's voluntary use.
                     Since many advances have occurred in
                     waste sampling strategies since initial
                     guidance was published in 1984, along
                     with the proposal EPA has announced
                     the availability of a new guidance
                     document for public comment entitled,
                     "RCRA Waste Sampling Draft Technical
                     Guidance." One main advantage to
                     releasing the guidance is that the
                     document provides new approaches to
                     waste sampling, with real life examples
                     which we expect will lead to improved
                     ability to characterize waste streams.
                     We believe that the release of this MIR
                     and Waste Sampling Guidance will be
                     widely accepted by the regulated,
                     scientific, and academic community
                     because they provide state of the art
                     approaches for determining hazardous
                     waste and sampling characteristic
                     techniques.
                     Timetable:
                     Action
 Date
                     NPRM
                     Final Action
10/30/02  67 FR 66252
10/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Additional Information: SAN No. 3989
                     Agency Contact: Kim Kirkland,
                     Environmental Protection Agency,
                     Solid Waste and Emergency Response,
                     5307W, Washington, DC 20460
                     Phone: 703 308-0490
                     Fax:  703 308-0511
                     Email: kirkland.kim@epa.gov
                     RIN:  2050-AE41


                     3334. MUNICIPAL SOLID WASTE
                     LANDFILL LOCATION RESTRICTIONS
                     FOR  AIRPORT SAFETY
                     Priority: Info./Admin./Other
                     Legal Authority: 42 USC 6902(a); 42
                     USC  6907; 42 USC 6912(a); 42 USC
                     6944; 42 USC 6945(c); 42 USC 6949(c)
                     CFR  Citation: 40 CFR 258.10
                     Legal Deadline:  None
                    Abstract: This action would inform
                    owners/operators of municipal solid
                    waste landfills (MSWLF) of location
                    restrictions for airport safety contained
                    in the Wendell H. Ford Aviation
                    Investment and Reform Act for the 21st
                    Century (Ford Act). The Ford Act
                    prohibits the construction or
                    establishment of a new MSWLF within
                    six miles of a public  airport (1) that
                    has received grants under the Airport
                    and Airway Improvement Act of 1982,
                    as amended, and  (2) that is primarily
                    designed for 60 passengers or less.
                    MSWLFs in the State of Alaska are
                    exempt. Because new MSWLFs are
                    subject  to the statutory location
                    restrictions in addition to regulatory
                    location restrictions currently in effect
                    under 40 CFR 258.10, EPA plans to
                    include this information to prevent
                    confusion regarding applicable location
                    restrictions for MSWLFs for airport
                    safety purposes, as well  as to notify
                    affected entities of these statutory
                    restrictions.
                    Timetable:
                    Action
                                       Date
NPRM            07/11/02 67 FR 45948
Direct Final Rule     07/11/02 67 FR 45915
Direct Final Withdrawn 10/08/02 67 FR 62647
Final Action        10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4575
Sectors Affected: 23 Construction;
5622 Waste Treatment and Disposal;
56221 Waste Treatment and Disposal;
562212 Solid Waste Landfill
Agency Contact: Mary T. Moorcones,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 540 338-1348
Fax: 540 338-5547
Email; moorcones.mary@epa.gov
RIN: 2050-AE91


3335. RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PERMITS FOR
MUNICIPAL SOLID WASTE LANDFILL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258.4
Legal Deadline: None

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                       31077
EPA—Resource  Conservation and Recovery Act (RCRA)
                                                                            Final Rule Stage
Abstract: EPA is considering adding a
new section to the Criteria for
Municipal Solid Waste Landfills
(MSWLF) to allow directors of
approved states to issue research,
development, and demonstration
(RD&D) permits for landfill operations
at variance with some parts of the
criteria, as long as it is demonstrated
that these operations will not result in
an increased risk to human health and
the environment. Variances for location
restrictions, groundwater monitoring,
corrective action  requirements, the
financial assurance criteria, and most
operational controls would not be
allowed by this action. EPA is
considering this alternative to stimulate
new technologies and alternatives in
the landfilling of municipal solid
waste. This additional flexibility will
reduce potential costs while providing
opportunities for  innovative
technologies that protect human health
and the environment.

Timetable:
Action
 Date
NODA-Requestfor
  Information and
  Data
NPRM
Final Action
04/06/00 65 FR 18014


06/10/02 67 FR 39662
07/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: State,
Local

Additional Information: SAN No. 4588

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-AE92
3336. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 6922 RCRA
3002; 42 USC 6923 RCRA 3003; 42 USC
6924 RCRA 3004; 42 USC 6926 RCRA
3006; PL 105-277; Government
Paperwork Elimination Act 17
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: The Uniform Hazardous
Waste Manifest (Form 8700-22) is a
multi-copy form used to identify the
quantity, composition, origin, routing,
and destination of hazardous waste
during its transportation. Waste
handlers (e.g., generators and
transporters) are required to use the
manifest, and States may not require
a different manifest in its place.
However, the manifest has State blocks
which allow States, at their option, to
require the entry of additional specific
information to serve their State's
regulatory needs. Under the current
regulations more than 20 states print
the manifest form in accordance with
the format specified in federal
regulations. However, the variability
among State manifest programs
associated with state optional blocks,
different copy distribution schemes,
and the manifest hierarchical
acquisition scheme has drawn
complaints from the regulated
community. Variability among States'
Manifest programs and the manifest
system's current reliance on paper
result in significant paperwork and cost
burden to waste handlers and States
who choose to collect manifest
information. The Agency intends to
standardize further the manifest form
elements, and to specify one format for
the manifests that may be used in all
states. In addition, the Agency intends
to announce standard requirements for
tracking rejected wastes, container
residues, and international shipments
of hazardous wastes. Finally, the
Agency intends to pursue an optional
approach that would use information
technologies to conduct the manifest
process electronically, thereby reducing
paperwork burden,  and improving the
speed and accuracy of preparing,
transmitting, and recordkeeping the
manifest form.  However, the Agency
will bifurcate the manifest rule so that
the form revisions may be expedited,
                                                          while additional analysis on the e-
                                                          manifest continues.
                                                          Timetable:
                                                          Action
                   Date
NPRM             05/22/01 66 FR 28240
Final Action         12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3147
Sectors Affected: 2111 Oil and Gas
Extraction; 2122 Metal Ore Mining;
2211 Electric Power Generation,
Transmission and Distribution; 3221
Pulp, Paper, and Paperboard Mills; 323
Printing and Related Support Activities;
325 Chemical Manufacturing; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 482 Rail
Transportation; 483 Water
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal
Agency Contact: Rich Lashier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5.304W, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0522
Email:  lashier.rich@epa.gov

Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0522
Email:  groce.bryan@epamail.epa.gov
RIN: 2050-AE21


3337. OFFICE OF  SOLID WASTE
BURDEN REDUCTION PROJECT
Priority: Other Significant
Legal Authority: 42  USC 6907; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; ...
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264.73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;

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31078
Federal  Register/Vol. 68, No.  101/Tuesday, May 27,  2003/Unified Agenda
EPA—Resource Conservation and  Recovery Act (RCRA)
                                                                             Final  Rule Stage
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7, 268.9;

Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal Governmentwide goal
established by the Paperwork
Reduction Act (PRA).
In June 1999, EPA published a Notice
of Data Availability (NODA) in the
Federal Register (64 FR 32859) to seek
comment on a number of burden
reduction ideas. After reviewing the
comments received on the NODA, EPA
proposed (67 FR 2518, 1/17/02) to
implement many of these ideas. The
proposal was designed to eliminate
duplicative and nonessential
paperwork.
The main ideas for the final 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.
Burden is the time that a state
employee, member of the regulated
community,  or private citizen spends
generating and reporting information to
us and keeping records. EPA is
responding to the Paperwork Reduction
Act by reducing paperwork burden.
This rule does not have federalism
implications. Because the changes are
equivalent to or less stringent than the
existing Federal program, States would
not be required to adopt and seek
authorization for them, which means
                     that the Executive Order 13132 does
                     not apply. Under section 3006 of the
                     Resource Conservation and Recovery
                     Act, federal regulatory requirements
                     may authorize states to administer the
                     RCRA hazardous waste program within
                     the state. This rule may have an annual
                     effect on the economy of $100 million
                     or more or adversely affect in the
                     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.
                     We calculate the reporting and
                     recordkeeping burden reduction savings
                     for this as 929,000 hours and $120
                     million. We  established a workgroup
                     which receives input/comments on
                     burden from program offices at EPA
                     (both headquarters and regional),
                     States, the regulated community, and
                     the public on their RCRA reporting and
                     recordkeeping requirements versus the
                     burden they impose. We are
                     considering the following: Reducing the
                     reporting requirements for generators
                     and treatment, storage and disposal
                     facilities (TSDFs); allowing weekly
                     hazardous waste tank inspections;
                     reducing the burden of RCRA personnel
                     training requirements and eliminating
                     overlaps with Occupational  Safety and
                     Health Administration training
                     requirements. We also plan to eliminate
                     and streamline the land disposal
                     restrictions paperwork requirements.
                     States, more specifically facilities and
                     businesses within the States, that
                     regulate and maintain records of their
                     hazardous wastes will be regulated
                     under this rule.
                     Timetable:
                     Action
                   Date
                     Notice of Data
                       Availability
                     NPRM
                     Final Action
                 06/18/99 64 FR 32859
                 01/17/02 67 FR 2518
                 09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4084
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 332
Fabricated Metal Product
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 562
Waste Management and Remediation
Services; 323 Printing and Related
Support Activities
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


3338. REGULATION OF HAZARDOUS
OIL-BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM TO PRODUCE
SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; ...
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil-
bearing secondary materials, generated
by the petroleum refining industry and
others, from the definition of solid
waste if the materials are destined to
be processed in a gasification device
manufacturing synthesis gas fuel. We
are considering this exclusion  in order
to clarify and simplify RCRA
jurisdiction, and to be consistent with
other comparable existing exclusions.
Timetable:
                                                           Action
                   Date
                                                           NPRM            03/25/02 67 FR 13684
                                                           Final Action         11/00/03
                                                           Regulatory Flexibility Analysis
                                                           Required: No
                                                           Small Entities Affected: No
                                                           Government Levels Affected: Federal,
                                                           State
                                                           Additional Information: SAN No. 4411
                                                           Agency Contact: Elaine Eby,
                                                           Environmental Protection Agency,
                                                           Solid Waste and Emergency Response,
                                                           5302W, Washington, DC 20460

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EPA—Resource Conservation  and  Recovery Act (RCRA)
                                                                          Final Rule  Stage
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov

Rick Brandes, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov
RIN: 2050-AE78


3339. E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(ECOS) partnership agreement that EPA
Region 3 entered  into with the six state
environmental agencies. As part of the
partnership agreement, the Region
agreed to prepare a regional rule and
to expedite its promulgation by using
the direct final rulemaking process. By
using this innovative approach to have
a regional e-Cycling Pilot Project, EPA
Region 3 and the  Mid-Atlantic States
(DE, DC, MD, PA, VA, WV) will be able
to provide additional information about
EPA's national proposed cathode ray
tube (CRTs) exclusion from the
definition of solid waste (e.g.,  CRTs are
the video display components of
televisions and computer monitors).
The Regional e-Cycling Pilot Project
could serve as a model for electronic
recycling nationwide and the states
believe that the recycling program will
function effectively as a result of this
regulatory flexibility.
Timetable:
Action
 Date
Direct Final Rule
Withdrawal of Direct
  Final Rule
Final Action
12/26/02 67 FR 78718
02/24/03 68 FR 8553

12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
                    Government Levels Affected: Federal,
                    State, Local

                    Additional Information: SAN No. 4701

                    Agency Contact: Charles Rowland,
                    Environmental Protection Agency,
                    Regional Office Philadelphia, 3RCOO,
                    3RCOO
                    Phone: 215 814-2645
                    Fax: 215 814-2783

                    RIN: 2003-AAOO
3340. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND MERCURY-
CONTAINING EQUIPMENT: 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: 40 CFR 261; 40 CFR 273

Legal Deadline: None

Abstract: This action will ultimately
revise the existing Federal hazardous
waste regulations to encourage
recycling and better management of
Cathode Ray Tubes (CRTs) by providing
a conditional exclusion from the
definition of solid waste for CRTs being
recycled. A CRT is the display
component of a television or computer
monitor. A CRT is made largely of
specialized glasses, some of which
contain lead to protect the user from
X-rays inside the CRT. Due to the lead,
when they are disposed of or
reclaimed, some CRTs are hazardous
wastes under the Federal Resource
Conservation and Recovery Act (RCRA)
regulations. This rule will also
streamline RCRA requirements for
managing mercury-containing
equipment by adding such equipment
to the universal waste rule. This rule
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), and in response to a petition
from the Utilities  Solid Waste Activities
Group regarding mercury-containing
equipment.  The goal of this action is
to improve management  and encourage
recycling, thereby minimizing disposal
of lead, increasing resource recovery,
and enhancing protection of human
health and the environment.
                                     Timetable:
                                     Action
                   Date
                                                      06/12/02 67 FR 40507
                                                      01/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4092
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
RIN: 2050-AE52


3341. PROJECT XL — ORTHO-MCNEIL
PILOT PROJECT ALLOWING ON-SITE
TREATMENT OF LOW-LEVEL MIXED
WASTES WITHOUT RCRA PERMIT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261
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
NPRM            07/24/01  66 FR 38395
Final Action        12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4439
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184

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EPA—Resource Conservation  and  Recovery Act (RCRA)
                                                                           Final Rule Stage
Fax: 202 566-2200
Email: panetta.sandra@epa.gov

Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2177
Fax: 202 566-2211
Email: perla.donna@epa.gov
RIN: 2090-AA14


3342. • AMENDMENT TO PROJECT XL
RULEMAKING AND FINAL  PROJECT
AGREEMENT (FPA) FOR NEW
ENGLAND UNIVERSITIES
LABORATORIES
Priority: Substantive, Nonsignificant
Legal Authority: SWDA sec 1006, 2002,
3001 to 3007, 3010, 7004 as amended
by RCRA; 42 USC 6905; 42  USC 6906;
42 USC 6912; 42 USC 6921  to 6927;
42 USC 6930; 42 USC 6937; 42 USC
6938; 42 USC 6974
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: Under the Project XL
program, the EPA is supporting a
project for the New England
Universities Laboratories in
Massachusetts and Vermont. On
September 28, 1999, the EPA
promulgated a site-specific  rule to help
implement the project. This action
would amend the site-specific rule by
extending the date of compliance. The
rule would provide regulatory
flexibility under the Resource
                     Conservation and Recovery Act, as
                     amended. It would allow the
                     participating laboratories at the
                     Universities to replace existing
                     hazardous waste determination and
                     satellite accumulation requirements for
                     hazardous waste generators with a
                     comprehensive Laboratory
                     Environmental Management Plan
                     designed for each University. This
                     proposal pertains only to the
                     participating laboratories at the
                     Universities, all other areas of each
                     University would continue to be subject
                     to existing standards and regulations.
                     Part 1: Integrated, Performance-Based
                     Environmental Management System:
                     The principal objective of this
                     Laboratory XL Project is to pilot a
                     flexible, performance-based system for
                     managing laboratory waste. The
                     management of hazardous chemicals in
                     university laboratories is primarily
                     regulated by two federal statutes: The
                     Occupational Safety and Health Act
                     (OSHA) and the Resource Conservation
                     and Recovery Act (RCRA). To  achieve
                     this objective, the Universities have
                     developed a three-part regulatory model
                     which includes (1)  a Laboratory
                     Environmental Management Standard
                     which defines the elements for the
                     effective management of laboratory
                     wastes, (2) Minimum Performance
                     Criteria for the management of
                     laboratory wastes and (3) the
                     development of a Laboratory
                     Environmental Management Plan which
                     is a documented description of how
each University will conform to the
Laboratory Environmental Management
Standard and the Minimum
Performance Criteria. Part 2:
Clarification of Treatment in Tanks and
Containers Rule. A second objective of
this project is to clarify, by the use of
specific treatment protocols, certain
activities which constitute exempt
treatment of hazardous waste in tanks
and containers under current RCRA
regulations.

Timetable:
Action
                   Date
Direct Final Rule
06/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No
Government Levels Affected: State

Additional Information: SAN No. 4238
Agency Contact: George Frantz,
Environmental Protection Agency,
Office of the Administrator, SPP,
Boston, MA 02114-2023
Phone: 617 918-1883
Fax: 617 918-1809
Email: frantz.george@epamail.epa.gov

Lisa Reiter, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2185
Fax: 202 566-2118
Email: reiter.lisa@epamail.epa.gov
RIN: 2090-AA32
Environmental  Protection Agency  (EPA)
Resource  Conservation and Recovery Act  (RCRA)
                                                                         Long-Term Actions
3343. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944 (a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
                     regulations under subtitle D of the
                     RCRA statute. The regulations will
                     apply to landfill and surface
                     impoundment facilities that manage
                     coal combustion wastes generated by
                     steam electric power generators, i.e.,
                     electric utilities and independent
                     power producers.  This action results
                     from EPA's regulatory determination for
                     fossil fuel combustion wastes (see 65
                     FR 32214, May  22, 2000), which
                     concluded that waste management
                     regulations under RCRA are appropriate
                     for certain coal  combustion wastes. The
                     utility industry  has made significant
                     improvement in its waste management
                     practices over recent years, and most
                     state regulatory  programs are similarly
                     improving. However, public comment
and other analyses have convinced the
Agency that coal combustion wastes
could pose significant risks to human
health and the environment if they are
not properly managed. There is
sufficient evidence that adequate
controls may not be in place. For
example, 62 percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these wastes. The intended benefits of
this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the

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                                                                   31081
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                                                     Long-Term Actions
environment, including ecological risks.
The Agency is currently analyzing the
human health and eco risks, costs, and
economic impact of this action as it
develops the proposed regulation. The
Agency has considered alternatives to
this action, including regulating these
wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65  FR
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and state  and
local governments to focus on these
remaining waste management issues
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency also believes the timeframe
for improvement of current practices is
likely to be longer in the absence of
federal regulation.
Timetable:
Action
                   Date
NPRM             08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470
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
3344. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES — NON-
POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257

Legal Deadline: None

Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
non-utility  combustors. Non-utility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, (i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The  intended benefits
of this action will be to prevent
contamination or damage to ground
waters and  surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is currently
analyzing this information. The Agency
will also analyze the human health and
eco risks, costs, and  economic impact
of this action as it develops the
proposed regulations. The Agency has
considered  alternatives to this action,
including regulating  these wastes as
hazardous wastes under subtitle C of
RCRA, but has rejected this approach
as discussed in the regulatory
determination (see 65 FR 32214, May
22, 2000). EPA has also considered
issuing guidance to industry and state
and local governments to focus on the
waste management issues but
concluded that there will probably
continue to be some  gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency is considering alternatives
to regulation of mine placement under
RCRA per this action, including
consulting with the U.S. Department of
the Interior on appropriate measures
under the Surface Mining Control and
Reclamation Act (SMCRA) or some
combination of both  SMCRA and
RCRA.
Timetable:
Action
                   Date
NPRM
08/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4469
Sectors Affected: 311 Food
Manufacturing; 313 Textile Mills; 337
Furniture and Related Product
Manufacturing; 2121 Coal Mining; 322
Paper Manufacturing; 325 Chemical
Manufacturing; 331 Primary Metal
Manufacturing; 336 Transportation
Equipment Manufacturing; 62 Health
Care and Social Assistance; 22112
Electric Power Transmission, Control
and Distribution
Agency Contact: Dennis Ruddy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax:  703  308-8686
Email:  ruddy.dennis@epa.gov
RIN: 2050-AE83
3345. RCRA BURDEN REDUCTION
INITIATIVE, PHASE 2
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939;  42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264.73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7, 268.9;


Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on

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EPA—Resource Conservation  and  Recovery Act  (RCRA)
                                                                          Long-Term  Actions
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings. We're
developing options and a proposal.

Timetable:
                     Timetable:
                     Action
                   Date
Action
                   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4735

Agency Contact: 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-AF01
3346. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM-CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6921 RCRA
3001

CFR Citation: 40 CFR 261

Legal Deadline: None

Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State,  local, or tribal governments.
NPRM            02/12/93 58 FR 8504
Final Action        12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3189
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703 603-7166
Fax: 202 260-9163
Email: ng.sammy@epa.gov
RIN: 2050-AD69


3347. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION  FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This is  in
response to the fact that there is now
approximately $30-40 billion in annual
trade among developed countries in
waste recyclables, with the United
States having a positive trade  balance.
Because each of the developed
countries (the 30 OECD countries) had
a different system for controlling the
exports and imports of waste, including
recyclables, the international recycling
market was not as efficient as it could
be. A more streamlined, uniform
system for exports and imports will
also increase recycling and lessen
disposal.  The U.S. was actively
involved in the negotiation of a legally-
binding OECD multilateral agreement to
create a more streamlined  system.
OECD Member countries are then
obligated to transfer the terms of the
multilateral agreement  to their domestic
regulations in order for the multilateral
agreement to have legal authority. This
regulation would be amended to
comply with changes passed by the
OECD Council. Existing waste lists may
be restructured to comply with the new
OECD waste lists. As such, previously
existing waste lists may be renamed
according to adopted OECD
terminology. Shipments of small waste
amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon  final
recovery of wastes and timeframes for
recovery operations may  be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because  international exports
and imports  are overseen at the  Federal
level due to the foreign powers
authority clause.
Many alternatives were considered by
government and industry during the
intensive negotiations on the legally
binding multilateral agreement,  with
the U.S. having a great deal of
influence over which alternatives were
in the final agreement. The Agency
plans to codify the streamlining
provisions of the OECD multilateral
agreement, regulating exporters  and
importers of waste recyclables.
Exporters and importers of waste
recyclables will need to implement the
international uniform procedures of the
OECD multilateral agreement, however
these costs will be less than would be
needed to deal with 30 different
national export and import systems. In
addition, some common existing export
and import procedures were
streamlined so that the new procedures
are even more efficient than was
common  in the past. The benefits are
greater administrative efficiency for
U.S.  exporters and importers in the
international recycling market, and a
lower level of waste disposal in the
United States since there is more
efficient access to other recycling
markets.
Timetable:
                                                          Action
                                                                             Date
                                                          NPRM             07/00/04
                                                          Direct Final Rule-     07/00/04
                                                            Revisions for
                                                            Transboundary
                                                            Shipments of
                                                            Hazardous Waste
                                                          Regulatory Flexibility Analysis
                                                          Required: No

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                                                                   31083
EPA—Resource  Conservation and Recovery Act (RCRA)
                                                     Long-Term Actions
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606
Agency Contact: Rick Picardi,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8879
Fax: 703 308-0514
Email:  picardi.rick@epa.gov

Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W
Phone: 703 308-8196
Fax: 703 308-0514
Email:  mcalister.frank@epa.gov
RIN: 2050-AE93


3348. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 6912 (a) RCRA
2002(a); 42 USC 6924 RCRA 3004; 42
USC 6925 RCRA 3005; 42 USC 6926
RCRA 3006
CFR Citation: 40 CFR 264;  40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self insure
their environmental obligations  for
closure, post-closure care and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage and disposal
facilities. If such a firm were to  enter
bankruptcy, the government could
incur the clean up liability.
EPA's regulations set the minimum
national standards for state hazardous
waste programs, and so a change in
federal requirements would be
necessary to ensure consistent
improvements in the test. Without
rulemaking, states would have the
option  of not adopting these changes,
and so the improvement in the test
would  not be implemented in states
that cannot have regulations that are
more stringent than federal standards.
The proposal considered several
alternative financial tests, and the
analysis supporting the original
proposal found that the savings from
the proposed alternative would be $19
million in public and private costs. If
EPA promulgates a revised financial
test,  it may affect companies that treat,
store or  dispose of hazardous waste.
Timetable:
Action
                   Date
                  07/01/91 56 FR 30201
                  10/12/94 59 FR 51523
                  12/00/04
NPRM Original
NPRM
Notice of Data
  Availability
Final Action         03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2647
Sectors Affected: 323114 Quick
Printing; 325131 Inorganic Dye and
Pigment Manufacturing; 323110
Commercial Lithographic Printing;
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; 56221 Waste
Treatment and Disposal; 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
                                      3349. LAND DISPOSAL
                                      RESTRICTIONS; TREATMENT
                                      STANDARDS FOR SPENT POTLINERS
                                      FROM PRIMARY ALUMINUM
                                      REDUCTION (K088) AND
                                      REGULATORY CLASSIFICATION OF
                                      K088 VITRIFICATION UNITS
                                      Priority: Other Significant
                                      Legal Authority: 42 USC 6905; 42 USC
                                      6912(a); 42 USC 6921; 42 USC 6924
                                      CFR Citation: 40 CFR 268; 40 CFR 271
                                      Legal Deadline: None
                                      Abstract: On July 20, 2000, EPA
                                      proposed revised treatment standards
                                      for K088 wastes. Specifically, the
                                      Agency proposed to lower the cyanide
                                      treatment standard and reinstate a
                                      treatment standard for fluoride
                                      nonwastewaters based on a deionized
                                      water leach test. Comments to the
                                      proposed rule were significant and
                                      suggest that there are significant
                                      treatment issues yet to be resolved for
                                      K088 waste. The Agency needs to
                                      further assess the treatment universe for
                                      K088 and is considered extending the
                                      possible date of a final rule or to
                                      investigate  other strategies both
                                      regulatory and non-regulatory to
                                      facilitate recycling  of spent aluminum
                                      potliners.
                                      Timetable:
                                     Action
                   Date
                                     NPRM             07/12/00  65 FR 42937
                                     Final Action           To Be  Determined
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: Federal,
                                     State, Local, Tribal
                                     Additional Information: SAN No. 4233
                                     Sectors Affected: 3334 Ventilation,
                                     Heating, Air-Conditioning and
                                     Commercial Refrigeration Equipment
                                     Manufacturing

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31084
Federal Register/Vol. 68, No.  101/Tuesday,  May  27, 2003/Unified Agenda
EPA—Resource Conservation and  Recovery Act (RCRA)
                                                                      Long-Term Actions
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
                    Email: eby.elaine@epa.gov              Phone: 703 308-8871
                                                       Fax: 703 308-8433
                    Rick Brandes, Environmental Protection  Email: brandes.william@epa.gov
                    Agency, Solid Waste and Emergency
                    Response, 5302W, Washington, DC      RIN: 2050-AE65
                    20460
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
                                                                      Completed Actions
3350. LAND DISPOSAL
RESTRICTIONS; NOTICE OF DATA
AVAILABILITY: MERCURY
TREATABILITY STUDIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 268
Completed:
Reason
  Date
NoDA            01/29/03 68 FR 4481
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Rhonda Minnick
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov

Mary Cunningham
Phone: 703 308-8453
Fax: 703 308-8433
Email: cunningham.mary@epa.gov
RIN: 2050-AE54
3351. LAND DISPOSAL
RESTRICTIONS; NATIONAL
TREATMENT VARIANCE FOR
RADIOACTIVELY CONTAMINATED
CADMIUM, MERCURY, AND SILVER
WASTE BATTERIES

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 268; 40 CFR 278

Completed:
                    Reason
                  Date
                    NPRM
                    Direct Final Action
                10/07/02  67 FR 62626
                10/07/02  67 FR 62618
                    Regulatory Flexibility Analysis
                    Required: No

                    Government Levels Affected: None

                    Agency Contact: John Austin
                    Phone: 703 308-0436
                    Fax: 703 308-8433
                    Email: austin.john@epamail.epa.gov

                    RIN: 2050-AE99
3352. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS

Priority. Other Significant

CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270

Completed:	
Reason            Date
Merged Into 2050-
  AE01, SAN 3333
                                                                        03/12/03
                                   Regulatory Flexibility Analysis
                                   Required: No

                                   Government Levels Affected: Federal,
                                   State

                                   Agency Contact: Rhonda Minnick
                                   Phone: 703 308-8771
                                   Fax: 703 308-8433
                                   Email: minnick.rhonda@epa.gov

                                   RIN: 2050-AE79
Environmental Protection  Agency (EPA)
Comprehensive Environmental  Response, Compensation and Liability Act
                                                                    Proposed Rule Stage
3353. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract:  EPA has listed carbamate
waste streams as hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA). RCRA listed
wastes, by statute, automatically
become hazardous substances under the
                    Comprehensive Environmental
                    Response, Compensation, and Liability
                    Act (CERCLA) and are assigned a one
                    pound statutory reportable quantity
                    (RQ) until EPA adjusts them. These
                    substances also become subject to
                    reporting requirements under the
                    Emergency Planning and Community
                    Right-to-Know Act (EPCRA) with a one
                    pound threshold. EPA, 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.
                                   In addition, we are seeking to propose
                                   an RQ adjustment for the inorganic
                                   chemical manufacturing process waste
                                   (K178)(66 FR 58258, 11/20/01).
                                   Timetable:	
                                   Action             Date
                                   NPRM            06/00/03
                                   Regulatory Flexibility Analysis
                                   Required: No
                                   Small Entities Affected: No
                                   Government Levels Affected: None
                                   Additional Information: SAN No.  3423
                                   Agency Contact: Lynn Beasley,
                                   Environmental Protection Agency,
                                   Solid Waste and Emergency Response,
                                   5204G, Washington, DC 20460

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      31085
EPA—Comprehensive  Environmental  Response, Compensation and Liability Act   Proposed Rule  Stage
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE12


3354. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602-9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: The Agency is considering
proposing corrections and other
changes to 40 CFR 302.4, the
Designation of Hazardous Substances.
The proposal may include the
correction of entries for individual
substances, entries for F- and K-waste
streams and entries in appendix A of
40 CFR 302.4. Other aspects of the
proposal may include additional
substances as entries in Table 302.4,
appendix A to section 302.4, and the
table in section 302.6(b)(iii); removal of
other entries from these lists;  and
amendments to certain footnotes that
explain entries in Table 302.4.
Timetable:
Action
 Date
NPRM
09/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AF03


3355. STANDARDS AND PRACTICES
FOR CONDUCTING "ALL
APPROPRIATE INQUIRY"
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 312
Legal Deadline: Final, Statutory,
January 11, 2004, Small Business
Liability Protection Act  section 223,
CERCLA 101(35)(B)(2}(ii).
Abstract: The Small Business Liability
Relief and Brownfields Revitalization
Act (the Brownfields Law) amended a
number of provisions in CERCLA
including section 101(35){B) and
includes, among other things, new
provisions regarding limitations on
CERCLA liability for certain
landowners. As part of these
provisions, the Brownfields Law
addresses the need for bona fide
prospective purchasers, contiguous
 Eroperty owners, and innocent
 mdowners to conduct "all appropriate
inquiry" into prior ownership and use
of the property at the time the party
acquires the property.

In the Brownfields Law, Congress
directed EPA to promulgate regulations
establishing standards and practices for
conducting "all appropriate inquiry."
Section 101 (35)(B)(iii) of the Law
includes criteria that EPA is required
to address in setting these standards
and practices. This regulation will
establish the Federal standards for
conducting "all appropriate inquiry,"
pursuant to the Act.

EPA is considering developing the
Federal standard for all appropriate
inquiry under a negotiated rulemaking
process. EPA may establish a FACA
Committee charged with negotiating a
Federal standard in accordance with
the statutory criteria.

Costs associated with the new Federal
standard may include incremental
costs, associated with using the new
Federal standard, that are over and
above the costs associated with the
privately developed standards currently
employed in conducting all appropriate
inquiry for the purposes of real estate
transaction. This rulemaking will not
impose new mandatory requirements
on any entities, other than recipients
of Federal brownfields grants provided
for the  purpose of assessing or
characterizing brownfields sites. Other
than these grant recipients, the
standards will be applicable to
purchasers of contaminated properties
who wish to assert certain limitations
on CERCLA liability. The benefits of
the regulation may include providing
purchasers of contaminated property
with clarity regarding the procedures
and standards for the conduct of "all
appropriate inquiry" required to assert
certain limitations on CERCLA liability.

Timetable:
                    Action
                   Date
                    NPRM
                 01/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4739
Agency Contact: Patricia Overmeyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460
Phone: 202 566-2774
Fax: 202 566-2757
Email:
overmeyer.patricia@epamail.epa.gov

Helen Keplinger, Environmental
Protection Agency, Solid Waste and
Emergency Response, 2272A,
Washington, DC 20460
Phone: 202 564-4221
Fax: 202 229-3954
Email: keplinger.helen@epamail.epa.gov
RIN: 2050-AF04


3356. 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

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31086
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Comprehensive Environmental Response,  Compensation  and Liability Act   Proposed Rule Stage
categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for fiscal year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
40 CFR part 31. These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and  among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to  certain activities,
while maintaining site-specific
drawdown requirements needed for
                     cost recovery and Superfund
                     accounting. Subpart O also needs to be
                     conformed with part 31  (Uniform
                     Administrative Requirements for Grants
                     and Cooperative Agreements).
                     EPA expects to institutionalize the
                     combining of CA types, create more
                     flexible reporting requirements, permit
                     greater scope changes without
                     amendment, provide more flexible
                     money movement within and among
                     CAs, and promote other policy
                     advances in State/tribal/EPA
                     interaction.
                     Timetable:
                     Action
Date
                     NPRM             12/00/03
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: Governmental
                     Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4177

Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@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@epamail.epa.gov

RIN: 2050-AE62
Environmental  Protection Agency (EPA)
Comprehensive Environmental Response, Compensation  and Liability Act
                                                                             Final Rule Stage
3357. CLARIFICATION TO INTERIM
STANDARDS AND PRACTICES FOR
"ALL APPROPRIATE INQUIRY"
UNDER CERCLA AND NOTICE OF
FUTURE RULEMAKING ACTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9601(35)
CFR Citation: 40 CFR 312
Legal Deadline: None
Abstract: EPA published a rule to
explain and clarify a provision
included in recent amendments to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA). EPA addressed certain
interim standards established in the
Small Business Liability Relief and
Brownfields Revitalization Act (the
Brownfields Act) for conducting "all
appropriate inquiry," to establish
exemptions from liability under
CERCLA or establish that a landowner
had no reason to know of
contamination at a property under
CERCLA liability provisions prior to
purchasing the property. The
Brownfields Act provides clarification
of provisions related to CERCLA
                     liability for certain parties including
                     contiguous property owners,
                     prospective purchasers, and innocent
                     landowners. Among the requirements
                     added to CERCLA is the requirement
                     that such parties undertake "all
                     appropriate inquiry" into prior
                     ownership and use of certain property.

                     Under the Brownfields Act, Congress
                     provided an interim standard for
                     conducting all appropriate inquiry, the
                     American Society for Testing and
                     Materials (ASTM) standard known as
                     Standard E1527-97 (entitled Standard
                     Practice for Environmental Site
                     Assessment: Phase 1 Environmental
                     Site Assessment Process). This interim
                     standard applies to  properties
                     purchased after May 31, 1997 until EPA
                     promulgates regulations establishing
                     standards and practices for conducting
                     all appropriate inquiry. The rule
                     clarifies the interim requirements for
                     conducting "all appropriate inquiry" in
                     the case of property purchased on or
                     after May 31, 1997 and the conduct of
                     such activities to establish an innocent
                     landowner defense.

                     EPA received an adverse comment to
                     the direct final rule addressing the
                  interim standard. A withdrawal of the
                  direct final rule will be published. We
                  will address the concerns raised during
                  the comment period in a subsequent
                  final rule.

                  Timetable:
                  Action
                   Date
                  NPRM
                  Direct Final Rule
                  Direct Final Rule
                    Withdrawn
                  Final Action
                  01/24/03 68 FR 3478
                  01/24/03 68 FR 3435
                  03/25/03 68 FR 14399

                  05/00/03
                  Regulatory Flexibility Analysis
                  Required: No
                  Government Levels Affected: Federal,
                  State, Local, Tribal

                  Additional Information: SAN No. 4740

                  Agency Contact: Patricia Overmeyer,
                  Environmental Protection Agency,
                  Solid Waste and Emergency Response,
                  5105T, Washington, DC 20460
                  Phone: 202 566-2774
                  Fax: 202 566-2757
                  Email:
                  overmeyer.patricia@epamail.epa.gov
                  RIN: 2050-AF05

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                Federal Register/Vol.  68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                     31087
Environmental Protection Agency (EPA)
Comprehensive Environmental  Response, Compensation and Liability Act
                                                                        Long-Term Actions
3358. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605;
CERCLA 105
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Date
NPRM24          03/06/98 63 FR11340
Final Action 20      03/06/98 63 FR 11332
NPRM25          07/28/98 63 FR 40247
Final Action 21      07/28/98 63 FR 40182
Final Action (Tex-Tin  09/18/98 63 FR 49855
  Corp)
NPRM26          09/29/98 63 FR 51882
Final Action 22      09/29/98 63 FR 51848
NPRM27          01/19/99 64 FR 2950
Final Action 23      01/19/99 64 FR 2942
NPRM (Midnight Mine) 02/16/99 64 FR 7564
NPRM28          04/23/99 64 FR 19968
NPRM(Almeda)     05/10/99 64 FR 24990
Final Action 24      05/10/99 64 FR 24949
NPRM 29          07/22/99 64 FR 39886
Final Action 25      07/22/99 64 FR 39878
NPRM 30          10/22/99 64 FR 56992
Final Action        10/22/99 64 FR 56966
NPRM 31          02/04/00 65 FR 5468
Final Action 26      02/04/00 65 FR 5435
NPRM 32          05/11/00 65 FR 30489
Final Action 28      05/11/00 65 FR 30482
NPRM 33          07/27/00 65 FR 46131
Final Action 29      07/27/00 65 FR 46096
NPRM            08/24/00 65 FR 51567
  Alabama/Malone
NPRM 34          12/01/00 65 FR 75215
Final Action 30      12/01/00 65 FR 75179
NPRM 35          01/11/01 66 FR 2380
NPRM 36          06/14/01 66 FR 32287
Final Action 31      06/14/01 66 FR 32235
NPRM 37          09/13/01 66 FR 47612
Final Action 32      09/13/01 66 FR 47583
Next Action Undetermined

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State, Local                           ANPRM
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 Jeng, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
RIN: 2050-AD75


3359. 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:
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


3360. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF  NOX

Priority: Other Significant

Legal Authority: 42 USC 9603

CFR Citation: 40 CFR 302.6(c)

Legal Deadline: None

Abstract: The Agency is considering
proposing to administratively exempt
from reporting requirements the
releases of certain NOx emissions to
air. This would  eliminate reports from
facilities emitting NOx where the
Agency has determined that the
releases pose little or no risk or to
which a Federal response  is infeasible
or inappropriate. Requiring reports of
such releases would serve little or no
useful purpose and could, instead,
impose a significant burden on the
Federal response system and on the
persons responsible for notifying the
Federal government of the release.

Timetable:
                                                        Action
                                                                           Date
                                                        NPRM
                                                                           To Be Determined
                  Action
                   Date
                                      To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined

Federalism: Undetermined

Additional Information: SAN No. 4736

Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov

RIN: 2050-AF02

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31088
Federal  Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
 Environmental Protection Agency (EPA)
 Clean Water Act (CWA)
                                                                               Prerule  Stage
3361. • SEWAGE SLUDGE
STANDARDS TO DETERMINE THE
FINANCIAL IMPACT ON SMALL
ENTITIES IN THE WASTEWATER
TREATMENT SECTOR (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: Clean Water Act, sec
405(d) and (e); 33 USC 1345(d) and (e)
as amended; 5 USC 610
CFR Citation: 40 CFR 503
Legal Deadline: None
Abstract: On February 19, 1993 (58 FR
9248), EPA promulgated Standards for
the Use or Disposal of Sewage Sludge
for the three major sewage sludge
management practices of land
application, surface disposal, and
incineration. The Part 503 Standards
impose sewage sludge quality
requirements on sewage sludge
 Ereparers and management practices on
 ind appliers of sewage sludge. The
Standards also have monitoring,
recordkeeping, and reporting
requirements. Small entities  are subject
to these standards. Small entities are
defined as wastewater treatment plants
that treat domestic sewage with
wastewater flow capacities of less than
one million gallons per day (MGD),
septage pumpers and haulers, and
sewage sludge preparers and treaters
that process and subsequently
use/dispose of less than 290  dry metric
tons of sewage sludge per year. On
August 4, 1999 (64 FR 42551) the Part
                     503 standards were amended. One of
                     the amendments allowed the permitting
                     authority, at their discretion, to reduce
                     the frequency of monitoring
                     requirements for all wastewater
                     treatment plants including small
                     entities. EPA performed a Regulatory
                     Flexibility Analysis when the
                     Standards were promulgated in 1993
                     which indicated that the Rule could
                     have a significant impact on a
                     substantial number of small entities.
                     EPA then used this analysis to develop
                     the rule in a way that mitigated small
                     entity impact to the extent possible
                     while still fulfilling the Clean water
                     Act's Section 405 (d) mandate to protect
                     public health and the environment with
                     an adequate margin of safety. EPA is
                     now initiating a review of the rule
                     under Section 610 of the Regulatory
                     Flexibility Act to determine if the rule
                     should be continued without change, or
                     should be amended or rescinded, to
                     minimize adverse economic impacts on
                     small entities. EPA will  consider, and
                     solicits comments, on the following
                     factors: (1) The continued need for the
                     rule; (2) The nature of complaints or
                     comments received concerning the rule;
                     (3) The complexity of the rule; (4) The
                     extent to which the rule overlaps,
                     duplicates, or conflicts with other
                     Federal, State, or local government
                     rules; and (5) The degree to which
                     technology,  economic conditions, or
                     other factors have changed in the area
                     affected by the rule.
Comments should be submitted to the
Agency Contact listed below.
Comments must be received 90 days
after this Federal Register notice. This
action is  not a rulemaking—it is a
review of an existing rulemaking. Any
new rulemaking activity resulting from
this review will be noticed in future
Regulatory Agendas. Comments should
be submitted (in duplicate if possible)
to the Office of Water Docket (4101T),
Attention: Docket No. OW xx-xx, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460. Comments
received are available for public
viewing at the EPA Docket Center
Public Reading Room.

Timetable:	
Action              Date
Begin Review
End Review
05/00/03
05/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4792

Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1125
Fax: 202 566-1139
Email: rubin.alan@epa.gov
RIN: 2040-AD96
Environmental  Protection Agency (EPA)
Clean Water Act (CWA)
                                                                       Proposed Rule Stage
3362. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC 1321(d)(2);
CWA 311(d){2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart ] of the National
Contingency Plan (NCP) (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
                     into or upon navigable waters,
                     adjoining shorelines, the waters of the
                     contiguous zone, or which may affect
                     natural resources belonging to or under
                     the exclusive management authority of
                     the United States.
Timetable:
Action
 Date
NPRM
                  08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                      31089
EPA—Clean  Water Act (CWA)
                                                                       Proposed Rule Stage
Response, 5203G, Washington, DC
20460
Phone: 703 603-9918
Fax: 703 603-9116
Email: nichols.nick@epa.gov
RIN: 2050-AE87


3363. •  EFFLUENT GUIDELINES
PROGRAM PLAN FOR 2004/2005

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1314(m) CWA

CFR Citation: None

Legal Deadline: Final, Statutory,
February 4, 2004, Final Plan.

Abstract: EPA publishes an Effluent
Guidelines Program Plan every other
year. The Plan is required by section
304(m) of the Clean Water Act (CWA).
The Plan discusses the status of
ongoing rulemakings, development of
additional rules, and preliminary
studies.  The Plan sets forth EPA's
rationale for the selection of particular
industries  as candidates for new or
revised effluent guidelines. EPA's
Effluent Guidelines Program Plan for
2004/2005 will describe the effluent
guidelines program and the effluent
guidelines underway, as well as
identifying guidelines that may be
revised or  new guidelines that may be
developed. OW will use the 2004/2005
Plan as a strategic opportunity to help
design the future of the technology-
based pollution control program for
industrial sources.
Timetable:
Action
 Date
Proposed Plan
Final Plan
06/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4766
URL For More Information:
http://www.epa.gov/guide
URL For Public Comments:
Proposed Plan-
http://www.epa.gov/edocket
Agency Contact: Patricia Harrigan,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1666
Fax: 202 566-1053
Email: harrigan.patricia@epa.gov
Tom Wall, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: wall.tom@epa.gov
RIN: 2040-AD92


3364. • EFFLUENT GUIDELINES AND
STANDARDS FOR PHARMACEUTICAL
MANUFACTURING: AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: CWA 306; CWA 307
CFR Citation: 40 CFR 439
Legal Deadline: None
Abstract: These amendments to the
final rule would achieve the following.
First, EPA is clarifying the date on
which a discharger subject to the New
Source Performance  Standards (NSPS)
and the Pretreatment Standards for
New Sources (PSNS) promulgated in
earlier regulations  would be subject to
the more stringent effluent limitations
and pretreatment standards established
in the 1998 regulation by specifying the
10 year prior date by which a new
source under the previous (1983)
standard would be subject to the new
Best Available Technology (BAT)
limitations from existing source instead
of using the more vague term of "10
years." Second, this rule reestablishes
a minimum concentration for the
monthly average BODS limitation in
this section that EPA inadvertently
omitted from the 1998 regulation. Next,
the amendments correct an error in
EPA's pass-through analysis  of the 1998
rule by deleting methyl Cellosolve (2-
methoxyethanol) from the pretreatment
standards in two subcategories and
from a table in the Appendix. Finally,
the Agency is making other non-
substantive editorial and format
changes such as shortening the
authority to conform to more recent
guidelines from the Federal Register
Office, shortening tables by removing
redundancy, and adding definitions.
Timetable:
                    Action
                   Date
                    NPRM
                    Direct Final Rule
                    NPRM Comment
                      Period End
                    Direct Final Rule
                      Effective
                    Regulatory Flexibility Analysis
                    Required: No
                 03/13/03 68 FR 12276
                 03/13/03 68 FR 12266
                 05/12/03

                 06/11/03
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4741
Agency Contact: Marvin B. Rubin,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1050
Fax: 202 566-1053
Email: rubin.marvin@epa.gov
RIN: 2040-AD97


3365. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
Legal Authority: CWA 501 (a); 33 USC
1314(h); 33 USC 1361(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 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 EPA Method 1631, which
also determines mercury at low ppt
concentrations. EPA Method 245.7 uses
similar technology to EPA Method 1631
(cold vapor atomic fluorescence
spectrometry), but it does not require
the use of a gold trap. Laboratories
claim that EPA Method 245.7 is a less
burdensome and more cost-effective
method than EPA Method 1631.
Timetable:
                                                         Action
                   Date
                                                         NPRM
                                                         Final Action
                  11/00/03
                  11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4377
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061

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31090
Federal Register/Vol.  68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                      Proposed  Rule Stage
Fax: 202 566-1053
Email: telliard.william@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone:  202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AD52


3366. TEST PROCEDURES:
REVISIONS TO METHOD DETECTION
AND QUANTIFICATION FOR THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); 33
USC 1361 (a)
CFR Citation: 40 CFR 136(b)
Legal Deadline: NPRM, Judicial,
February 28, 2003, Settlement
Agreement.
Final, Judicial,  September 30, 2004,
Settlement Agreement.
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136
related to the detection and
quantification procedures currently
used by EPA for analytes regulated in
the wastewater program as authorized
under the Clean Water Act (CWA). The
current method detection limit (MDL)
procedure is set forth at 40 CFR part
136, appendix B. EPA has not
promulgated a generic procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program. The ML is defined
in analytical methods and is generally
set at 3.18 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 re-evaluate
the current MDL and quantification
approaches  and assess alternative
approaches.
Timetable:
Action
NPRM Comment
Period End
Final Action
Date
07/10/03
09/00/04
Action
                   Date
NPRM
 03/12/03 68 FR 11791
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4378
Agency Contact: Cynthia Simbanin,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1073
Fax: 202 566-1053
Email: simbanin.cynthia@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AD53


3367. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); 33
USC 1361(a); 42 USC 300f; 42 USC
300g-l; 42  USC 300J-4; 42 USC 300J-
9(a)
CFR Citation: 40 CFR 136
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), updated methods for
chemical and biological pollutants (e.g.,
                                                         Methods 300.1 and 200.8), including
                                                         methods from voluntary consensus
                                                         standards bodies (VCSBs), and from
                                                         other external organizations submitted
                                                         under EPA's alternate test procedure
                                                         program. The new and updated
                                                         methods include methods from
                                                         organizations such as the American
                                                         Society for Testing and Materials
                                                         (ASTM), Standard Methods,
                                                         Association of Official Analytical
                                                         Methods-International, and U.S.
                                                         Geological Survey.
                                                         Timetable:
                                                         Action
                                                                            Date
                                                         NPRM
                                                         Final Action
                 11/00/03
                 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4540
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AD71


3368. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Legal Authority: 33 USC 1311; CWA
301; 33 USC 1314; CWA 304; 33 USC
1318; CWA 308; 33 USC 1342; CWA
402; 33 USC 1361; CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is developing a notice
of proposed rulemaking that would
propose a broad-based regulatory
framework for sanitary sewer collection

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                Federal Register/Vol. 68, No.  101/Tuesday, May  27,  2003/Unified Agenda
                                                                                      31091
EPA—Clean Water Act (CWA)
                                                                      Proposed Rule  Stage
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.
The Agency is also proposing a
regulatory framework for applying
NPDES permit conditions, including
applicable standard permit conditions,
to municipal satellite collection
systems. Municipal satellite collection
systems are sanitary sewers owned or
operated by a municipality that
conveys wastewater to  a POTW
operated by a different municipality.
EPA is also proposing to clarify NPDES
requirements, including secondary
treatment requirements, for discharges
from peak excess flow treatment
facilities. EPA stated that public health
and the environment are compromised
by sanitary sewer overflows, which are
discharges of raw sewage.
Timetable:
                                                         Action
Action
 Date
NPRM
Final Action
12/00/03
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 3999
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov
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

Kevin DeBell, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0040                  Timetable:
Fax: 202 564-6392
Email: debell.kevin@epa.gov
RIN: 2040-AD02


3369. GUIDANCE REGARDING
NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT
REQUIREMENTS FOR MUNICIPAL
WASTEWATER TREATMENT DURING
WET WEATHER CONDITIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies.
EPA plans to invite comment on a draft
guidance document and proposed
interpretation of National Pollutant
Discharge Elimination System (NPDES)
permit requirements for peak wet
weather discharges from a publicly
owned treatment works (POTWs) that
are comprised of effluent routed around
biological treatment units and blended
with the effluent from the biological
units (or other advanced treatment
units) prior to discharge, where the
final discharge would meet permit
effluent limitations based upon the
secondary treatment regulations and
any more stringent limitations
necessary to meet water quality
standards. Regulatory agencies,
municipal operators of POTWs, and
representatives of environmental
advocacy groups have expressed
uncertainty about the appropriate
regulatory interpretation for such
situations. EPA's intention would be
that implementation of the draft
guidance would ensure that NPDES
requirements be applied in a
nationally-consistent manner that
improves the capacity, management,
operation and maintenance of POTW
treatment plants and collection         NPRM
systems.                              Final Action
                   Date
Draft Guidance       06/00/03
Final Guidance       06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 4690
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov
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

Ross Brennan, Environmental
Protection Agency, Water, 4203, 4203M
Phone: 202 564-0723
Fax: 202 564-6392
Email: brennan.ross@epa.gov
RIN: 2040-AD87


3370. WATERSHED RULE: TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1313; 33 USC
1329; 33 USC 1342; 33 USC 1256
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR  124; 40 CFR 130
Legal Deadline: None
Abstract: Amend regulations governing
the TMDL program to ensure that it is
effective, allows for active participation
by all stakeholders including local
governments and communities. The
amendments will address: the scope
and content of the list of impaired
waters required  by section 303(d) of the
Clean Water Act, the scope and content
of TMDLs, EPA's role in helping States
establish 303(d)  lists and TMDLs so
that impaired waters are restored, and
the framework for implementing
TMDLs provided by State CPPs and
watershed plans. EPA is also proposing
revision to the NPDES permitting
regulations.
Timetable:
                                                         Action
                   Date
                                                                          09/00/03
                                                                          06/00/04

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31092
Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                       Proposed  Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4623
                     Agency Contact: Christine Ruf,
                     Environmental Protection Agency,
                     Water, 4503T, Washington, DC 20460
                     Phone:  202 566-1220
                     Fax: 202 566-1331
                     Email: ruf.christine@epa.gov
Francois Brasier, Environmental
Protection Agency, Water, 4503T
Phone: 202 566-1214
Fax: 202 566-1333
Email: brasier.francoise@epa.gov

RIN: 2040-AD82
Environmental  Protection Agency  (EPA)
Clean Water Act (CWA)
                                                                            Final  Rule Stage
3371. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311CWA
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 438
Legal Deadline:  NPRM, Judicial,
October 31, 2000.
Final, Judicial, February 14, 2003.
Abstract: EPA promulgated technology-
based effluent limitations guidelines for
the metal products and machinery
point source category in February 2003.
The category includes facilities that
manufacture, rebuild, or maintain metal
products, parts, or machines. EPA
promulgated limitations and standards
only for facilities that directly discharge
wastewaters from oily operations in the
Oily Wastes subcategory.
Timetable:
Action
                   Date
NPRM original (Phase 05/30/95 60 FR 28210
  1)
NPRM (Consolidated  01/03/01 66FR424
  Phase 1 and 2)
NODA            06/05/02 67 FR 38752
Final Action         05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2806
Sectors Affected: 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
                     Component Manufacturing; 336
                     Transportation Equipment
                     Manufacturing; 337 Furniture and
                     Related Product Manufacturing; 339
                     Miscellaneous Manufacturing

                     URL For Public Comments:
                     NPRM original-www.epa.gov/edockets

                     Agency Contact: Carey Johnston,
                     Environmental Protection Agency,
                     Water, 4303T, Washington, DC 20460
                     Phone: 202 566-1014
                     Fax: 202 566-1053
                     Email: johnston.carey@epamail.epa.gov

                     Shari Barash, Environmental Protection
                     Agency, Water, 4303T, Washington, DC
                     20460
                     Phone: 202 566-0996
                     Fax: 202 566-1053
                     Email: barash.shari@epamail.epa.gov

                     RIN: 2040-AB79


                     3372. EFFLUENT GUIDELINES AND
                     STANDARDS FOR THE
                     CONSTRUCTION AND DEVELOPMENT
                     INDUSTRY

                     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
                     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, May
                     15, 2002.
                     Final, Judicial, March 31, 2004.

                     Abstract: The effluent guidelines
                     would apply to some construction
                     activities associated with new
                     development, as well as to those
                     associated  with re-development
                     activities. The regulations would
                     address storm water runoff from
construction sites during the active
phase of construction. 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 proposed design criteria
for erosion and sediment controls.
These requirements would be
implemented in NPDES storm water
permits issued to construction site
owners and operators.

Timetable:
Action              Date
NPRM             06/24/02 67 FR 42644
Final Action         03/00/04

Regulatory Flexibility Analysis
Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4280

Sectors Affected: 233 Building,
Developing and General Contracting;
234 Heavy Construction

Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202  566-1026
Fax:  202 566-1053
Email: strassler.eric@epa.gov

Jesse Pritts, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202  566-1038
Fax:  202 566-1053
Email: pritts.jesse@epamail.epa.gov

RIN: 2040-AD42

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                Federal Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
                                                                                     31093
 EPA—Clean Water Act (CWA)
                                                                          Final  Rule Stage
3373. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT AND
POULTRY PRODUCTS POINT
SOURCE CATEGORY (REVISIONS)
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 432 (Revision)
Legal Deadline: NPRM, Judicial,
January 30, 2002.
Final, Judicial, December 31, 2003.
Abstract: The Agency proposed
revisions to the effluent limitations
guidelines and standards for the Meat
and Poultry Products Point Source
Category in February 2002. The current
regulations, at 40 CFR 432, are more
than 20 years old and establish
limitations and standards for only
conventional pollutants. The current
regulations do not establish national
regulations for ammonia nitrogen
discharges associated with
slaughterhouses/ packinghouses
(subparts A-D). Nutrients like ammonia
may pose a water quality problem for
impaired streams. Revisions to the
current regulations may also include
effluent limitations for poultry
processing, which is not currently
covered by any effluent guideline.
Timetable:
Action
 Date
NPRM
Final Action
02/25/02 67 FR 8582
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4407
Sectors Affected: 311615 Poultry
Processing; 311611 Animal (except
Poultry) Slaughtering; 311612 Meat
Processed from Carcasses; 311613
Rendering and Meat By-product
Processing
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1058
Fax; 202 566-1053
Email: lewis.samantha@epa.gov

Marvin B. Rubin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
                    Phone: 202 566-1050
                    Fax: 202 566-1053
                    Email: rubin.marvin@epa.gov
                    RIN: 2040-AD56


                    3374. •  EFFLUENT GUIDELINES AND
                    STANDARDS FOR THE CENTRALIZED
                    WASTE TREATMENT POINT SOURCE
                    CATEGORY (REVISION)
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 33 USC 1316CWA; 33
                    USC 1317CWA
                    CFR Citation: 40 CFR 437
                    Legal Deadline: None
                    Abstract: EPA is considering
                    promulgation of a direct final rule that
                    would amend certain provisions of the
                    effluent guidelines for the Centralized
                    Waste Treatment industry, which were
                    published on December 22, 2000. The
                    rule would modify the limitations and
                    standards for some of the regulated
                    pollutants and would correct errors  in
                    the printed text.
                    Timetable:
                   Action
                   Date
Direct Final Action    08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4776
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal; 562211 Hazardous Waste
Treatment and Disposal
Agency Contact: Elwood Forsht,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202  566-1025
Fax: 202 566-1053
Email: forsht.elwood@epa.gov
RIN: 2040-AD95


3375.  TEST PROCEDURES FOR THE
ANALYSIS OF BIOLOGICAL
CONTAMINANTS UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h) CWA
304(h); 33 USC 1361 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 EPA Method 1622 and to
                                     approve microbiological methods for
                                     monitoring ambient water for the
                                     detection of Cryptosporidium, Giardia,
                                     E. coli and Enterococci in ambient
                                     waters. This proposed regulation would
                                     approve test procedures to be available
                                     for use by testing laboratories.
                                     Timetable:
                                     Action
                   Date
                                     NPRM
                                     Final Action
                 08/30/01 66 FR 45811
                 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4047
Agency Contact: Robin K. Oshiro,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AD08


3376. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1316 CWA 306;  33 USC
1326 CWA 316; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial,
February 28, 2002.
Final, Judicial, February 16, 2004.
Abstract: This rulemaking affects, at a
minimum, existing electricity

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31094
Federal  Register/Vol. 68, No.  101/Tuesday, May 27, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                             Final Rule Stage
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 any adverse environmental
impact that may be associated with the
impingement and entrainment of fish
and other aquatic organisms by cooling
water intake structures. Impingement
refers to trapping fish and other aquatic
life on intake screens or similar devices
where they may be injured or killed.
Entrainment occurs when  smaller
aquatic organisms, eggs, and larvae are
drawn into a cooling system, and then
pumped back out, often with significant
injury or mortality due to  heat, physical
stress or exposure to chemicals.

Timetable:
Action
   Date
NPRM
NODA
Final Action
 04/09/02 67 FR 17122
 03/19/03 68 FR 13522
 02/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 4474

Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution

Agency Contact: Debbi Hart,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-6379
Fax: 202 566-1053
Email: hart.debbi@epa.gov

Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1041
Fax: 202 566-1053
Email: segall.martha@epa.gov

RIN: 2040-AD62
3377. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACTS FROM
COOLING WATER INTAKE
STRUCTURES UNDER SECTION
316(B) OF THE CLEAN WATER ACT —
PHASE I  REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 125 subpart I
Legal Deadline: None
Abstract: This action will make three
minor technical corrections to the final
rule implementing section 316(b) of the
Clean Water Act (CWA) for new
facilities that use water withdrawn
from rivers, streams, lakes, reservoirs,
estuaries, oceans or other waters of the
United States for cooling purposes.
(EPA published the final rule in the
Federal Register on December 18, 2001.
66 FR 65256.) The final rule established
national technology-based performance
requirements applicable to the location,
design, construction, and capacity of
cooling water intake structures at new
facilities. The regulatory language did
not correctly reflect EPA's intent in
three minor instances. Therefore, EPA
will make three minor changes to the
regulatory text: (1) delete inadvertent
requirement that quarterly monitoring
occur at a low-flow condition that
occurs once every ten years; (2) clarify
that the permit director will consider
information from fishery agencies about
whether certain requirements should be
put in a permit, clarify that an
applicant delete unnecessary cross
references in the alternative
requirements provision to Track 2 and
unnecessary cross references to the
alternative requirements  provision in
the Track 2 provisions.
Timetable:
                     Action
                   Date
                     NPRM
                     Direct Final Rule
                     Direct Final Rule
                       Withdrawn
                     Final Action
                  12/26/02 67 FR 78956
                  12/26/02 67 FR 78947
                  03/24/03 68 FR 14164

                  05/00/03
                      Regulatory Flexibility Analysis
                      Required: No
                      Small Entities Affected: No
                      Government Levels Affected: Federal,
                      State
                      Additional Information: SAN No. 4726
                      Sectors Affected: 221111 Hydroelectric
                      Power Generation; 221112 Fossil Fuel
                      Electric Power Generation; 221113
Nuclear Electric Power Generation;
221119 Other Electric Power
Generation; 221121 Electric Bulk Power
Transmission and Control; 221122
Electric Power Distribution; 111991
Sugar Beet Farming; 11193 Sugarcane
Farming; 21221 Iron Ore Mining;
212391 Potash, Soda, and Borate
Mineral Mining; 311221 Wet Corn
Milling; 311311 Sugarcane Mills;
311312 Cane Sugar Refining; 311313
Beet Sugar Manufacturing; 311222
Soybean Processing; 311225 Fats and
Oils Refining and Blending; 31214
Distilleries; 312229 Other Tobacco
Product Manufacturing; 31221 Tobacco
Stemming and Redrying; 31321
Broadwoven Fabric Mills; 321912 Cut
Stock, Resawing Lumber, and Planing;
321113 Sawmills; 321918 Other
Millwork (including Flooring ); 321999
All Other Miscellaneous Wood Product
Manufacturing; 321212 Softwood
Veneer and Plywood Manufacturing;
321219 Reconstituted Wood Product
Manufacturing; 3221 Pulp, Paper, and
Paperboard Mills; 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
Mills; 322121 Paper (except Newsprint)
Mills; 322122 Newsprint Mills; 32213
Paperboard Mills; 322291 Sanitary
Paper Product Manufacturing; 325
Chemical Manufacturing; 32411
Petroleum Refineries; 324199 All  Other
Petroleum and Coal Products
Manufacturing; 326211 Tire
Manufacturing (except Retreading);
31332 Fabric Coating Mills; 326192
Resilient Floor Covering Manufacturing;
326299 All Other Rubber Product
Manufacturing; 32731 Cement
Manufacturing; 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills; 331112 Electrometallurgical
Ferroalloy Product Manufacturing;
331492  Secondary Smelting, Refining,
and Alloying of Nonferrous Metal
(except Copper and Aluminum)

Agency Contact:  Martha  Segall,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1041
Fax: 202 566-1053
Email: segall.martha@epa.gov

Tom Wall, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: wall.tom@epa.gov

RIN: 2040-AD85

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                Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                       31095
EPA—Clean Water  Act (CWA)
                                                                            Final  Rule  Stage
3378. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1344 CWA
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
Action
 Date
NPRM
Final Action
01/04/95 60FR419
09/00/03
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, 4502T, Washington, DC 20460
Phone: 202 566-1373
Fax: 202 566-1375
Email: goodin.john@epa.gov

RIN: 2040-AC14
3379. ROUND 2 STANDARDS FOR       Timetable:
THE USE OR DISPOSAL OF SEWAGE
SLUDGE
Priority: Other Significant
Legal Authority: 33 USC 1345 CWA
405; 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999.
Final, Judicial, October 17, 2003.
Abstract: This rulemaking concerns
dioxin and dioxin-like compounds in
sewage sludge that is applied to the
land. Section 405 of the Clean Water
Act (CWA) requires EPA to promulgate
regulations providing guidelines for the
use and disposal of sewage sludge,
including numeric standards for toxic
pollutants which may adversely affect
human health and the environment and
management practices. EPA
promulgated the first round of
regulations, which set standards for
toxic pollutants in sewage sludge for
which information was available and
management practices for land
application, surface disposal and
incineration of sewage sludge. (58 FR
9248, Feb. 19,1993). EPA proposed the
second round of regulations, for other
toxic pollutants not regulated in the
first round, of regulations, for other
toxic pollutants not regulated in the
first round, in December 1999 (64  FR
72045, Dec. 23, 1999). The proposed
rule would establish a limit of 300
nanograms of TEQ dioxins per kilogram
of dry sewage sludge for land
application along with monitoring
requirements. The proposal also
proposed to take no regulatory action
with respect to dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator. EPA signed a final
notice of its determination not to
further regulate for dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator, and stated that final
action on the proposal to amend the
land application rule will be published
separately at a  later date. (66 FR 66228,
Dec. 21, 2001). On June 12, 2002 at
67 FR 40554, EPA published a notice
of data availability in which EPA
presented the results of a revised risk
assessment and an analytical survey of
dioxins in sewage  sludge. The final
action on the land application rule is
subject to a consent decree deadline of
October 17, 2003.                       Final Action
                   Date
NPRM             12/23/99 64 FR 72045
Final Determination   12/21/01 66 FR 66228
NODA Notice of Data  06/12/02 67 FR 40554
  Availability RE:
  Land Application
Final Action Land     10/00/03
  Application
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3488
No further regulatory requirement for
disposal and incineration.
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1125
Fax: 202 566-1139
Email: rubin.alan@epa.gov

Anthony Maciorowski, Environmental
Protection Agency, Water, 4304T,
Washington, DC 20460
Phone: 202 566-1113
Fax: 202 566-1140
Email: maciorowski.anthony@epa.gov
RIN: 2040-AC25


3380. MODIFICATION TO
COMPETITIVE PROCESS USED BY
EPA FOR WETLAND PROGRAM
DEVELOPMENT GRANTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 CWA
104
CFR Citation: 40 CFR 35.362; 40 CFR
35.382
Legal Deadline: None
Abstract: EPA is proposing to modify
the  requirements for use of competitive
procedures in the award of Wetland
Program Development Grants (WPDG).
The proposed changes for WPDG would
provide the Regions with an option for
allocating WPDG funds  to States that
meet criteria established in national
program guidance. The proposed
changes would provide  States,
interstate and local agencies greater
flexibility in developing comprehensive
programs.
Timetable:
                                                         Action
                   Date
                                                                           09/00/03

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31096
Federal Register/Vol.  68,  No. 101/Tuesday, May 27,  2003/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                           Final Rule  Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4624
                     Agency Contact: Connie Cahanap,
                     Environmental Protection Agency,
                     Water, 4502T, Washington, DC 20460
                     Phone: 202 566-1382
                     Fax: 202 566-1349
                     Email: cahanap.concepcion@epa.gov
                                     Donna An, Environmental Protection
                                     Agency, Water, 4502T, Washington, DC
                                     20460
                                     Phone:  202 566-1384
                                     Fax: 202 566-1349
                                     Email: an.donna@epa.gov
                                     RIN: 2040-AD83
Environmental  Protection Agency  (EPA)
Clean Water Act (CWA)
                                                                         Long-Term Actions
3381. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite  Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). 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
NPRM
Final Action
 12/17/93  58 FR 66078
 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental  Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email: anderson.donaldf@epa.gov

Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD49


3382. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONCENTRATED AQUATIC ANIMAL
PRODUCTION INDUSTRY
Priority: Other Significant
Legal Authority: CWA sec 301; CWA
sec 304; CWA sec 306; CWA sec 307;
CWA sec 308; CWA sec 318; CWA sec
402; CWA sec 501
CFR Citation: 40 CFR 451
Legal Deadline: NPRM, Judicial,
August 14, 2002.
Final, Judicial, June 30, 2004.
Abstract: EPA is focusing new efforts
to help reduce nutrient loadings from
commercial agricultural and industrial
operations nationwide. Currently, there
are no federal technology-based
standards for aquatic animal production
facilities, which are part of the
aquaculture industry. This action is a
new effort to develop pollutant controls
in the form of nationally applicable
discharge standards for commercial and
public aquaculture operations. In
assessments of surface water quality,
States most frequently cite siltation,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and inconsistent state of
regulatory oversight, EPA will examine
available technologies for the control of
solids which in turn control other
pollutants, primarily nutrients. This
action was formerly titled Aquaculture.
                                                         Timetable:
                                                         Action
                   Date
                                                         NPRM
                                                         Final Action
                 09/12/02 67 FR 57871
                 06/00/04
                                                         Regulatory Flexibility Analysis
                                                         Required: No
                                                         Small Entities Affected: Businesses,
                                                         Governmental Jurisdictions,
                                                         Organizations
                                                         Government Levels Affected: Federal,
                                                         State, Tribal
                                                         Additional Information: SAN No. 4406
                                                         Sectors Affected: 112511 Finfish
                                                         Farming and Fish Hatcheries; 112512
                                                         Shellfish Farming; 112519 Other
                                                         Animal Aquaculture; 71213 Zoos and
                                                         Botanical Gardens
                                                         Agency Contact: Marta E. Jordan,
                                                         Environmental Protection Agency,
                                                         Water, 4303T, Washington, DC 20460
                                                         Phone: 202 566-1049
                                                         Fax: 202 566-1053
                                                         Email: jordan.marta@epa.gov

                                                         Marvin B. Rubin, Environmental
                                                         Protection Agency, Water, 4303T,
                                                         Washington, DC 20460
                                                         Phone: 202 566-1050
                                                         Fax: 202 566-1053
                                                         Email: rubin.marvin@epa.gov
                                                         RIN: 2040-AD55
3383. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: NPRM, Judicial,
October 15, 2002, See additional
information.
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

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                     31097
EPA—Clean  Water Act (CWA)
                                                                        Long-Term Actions
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 requires the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
states' water quality standards. EPA is
developing a proposed rule to
determine the appropriate use
designations for seven waterbodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action
Date
NPRM             10/23/02 67 FR 65256
Final Action         05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagner,
Environmental Protection Agency,
Water, Region04, Atlanta, GA 30303
Phone: 404 562-9267
Email: wagner.fritz@epa.gov

Jim Keating, Environmental Protection
Agency, Water, 4305T, Washington, DC
20460
Phone: 202 566-0383
Fax: 202 566-0409
Email: keating.jim@epa.gov
RIN: 2040-AD35


3384.  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 (New); 40 CFR 122.4
(Amended); 40 CFR 123.1 (Amended);
40 CFR 131.4 (Amended); 40 CFR
131,40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Legal  Deadline: None
Abstract: EPA is considering 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; water
quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a Tribe) to affect pollution discharges
occurring upstream from Tribal waters,
provide a 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.
The Office of Management and Budget
reviewed the proposal and returned it
to EPA on October 2, 2001, for further
consideration and analysis. EPA is
considering how to proceed,

Timetable:
                  Action
                   Date
                   NPRM
                    To Be Determined
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: No

                  Government Levels Affected: Federal,
                  State, Tribal

                  Additional Information: SAN No. 4344

                  Agency Contact: Fred Leutner,
                  Environmental Protection Agency,
                  Water, 4305, Washington, DC 20460
                  Phone: 202 566-0378
                  Fax: 202 260-9830
                  Email: leutner.fred@epa.gov

                  Edward Hanlon, Environmental
                  Protection Agency, Water, 4305,
                  Washington, DC 20460
                  Phone: 202 566-0765
                  Fax: 202 566-0409
                  Email: hanlon.edward@epa.gov

                  RIN: 2040-AD46
3385. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 13l4(h) CWA
304(h); 33 USC 1361(a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. Because the
methods currently approved under 40
CFR part 136 were designed to support
primarily technology-based permitting
needs, and because these technology-
based levels are as much as 280 times
higher than water quality-based criteria
for metals. EPA is pursuing approval
of new test procedures.
Timetable:
                                     Action
                   Date
                                      NPRM               To Be Determined
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: No
                                      Government Levels Affected: Federal,
                                      State, Local, Tribal
                                      Federalism: Undetermined
                                      Additional Information: SAN No. 3702
                                      Agency Contact: William A. Telliard,
                                      Environmental Protection Agency,
                                      Water, 4303T, Washington, DC 20460
                                      Phone: 202 566-1061
                                      Fax: 202 566-1053
                                      Email: telliard.william@epa.gov

                                      Maria Gomez-Taylor, Environmental
                                      Protection Agency, Water, 4303T,
                                      Washington, DC 20460
                                      Phone: 202 566-1005
                                      Fax: 202 566-1053

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EPA—Clean Water Act (CWA)
                                                                         Long-Term Actions
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AC75

3386. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(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:
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Additional Information: SAN No. 3714
                     Agency Contact: William A. Telliard,
                     Environmental Protection Agency,
                     Water, 4303T, Washington, DC 20460
                     Phone: 202 566-1061
                     Fax: 202 566-1053
                     Email: telliard.william@epa.gov

                     Khouane Ditthavong, Environmental
                     Protection Agency, Water, 4303T,
                     Washington, DC 20460
                     Phone: 202 566-1068
                     Fax: 202 566-1053
                     Email: ditthavong.khouane@epa.gov
                     RIN:  2040-AC92


                     3387. TEST PROCEDURES:
                     PERFORMANCE-BASED
                     MEASUREMENT SYSTEM (PBMS)
                     PROCEDURES AND GUIDANCE FOR
                     CLEAN WATER ACT TEST
                     PROCEDURES
                     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
                     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
                     NPRM
                     Final Action
                 03/28/97 62 FR 14975
                   To Be Determined
                                     Small Entities Affected: Businesses,
                                     Governmental Jurisdictions,
                                     Organizations
                                     Government Levels Affected: Federal,
                                     State, Local, Tribal
                                     Additional Information: SAN No. 3713
                                     Agency Contact: William A. Telliard,
                                     Environmental Protection Agency,
                                     Water, 4303T, Washington, DC 20460
                                     Phone: 202 566-1061
                                     Fax: 202 566-1053
                                     Email: telliard.william@epa.gov

                                     Khouane Ditthavong, Environmental
                                     Protection Agency, Water, 4303T,
                                     Washington, DC 20460
                                     Phone: 202 566-1068
                                     Fax: 202 566-1053
                                     Email: ditthavong.khouane@epa.gov
                                     RIN:  2040-AC93


                                     3388. TEST PROCEDURES FOR THE
                                     ANALYSIS OF MISCELLANEOUS
                                     METALS, ANIONS, AND VOLATILE
                                     ORGANICS UNDER THE CLEAN
                                     WATER ACT, PHASE ONE
                                     Priority: Substantive, Nonsignificant
                                     Legal Authority: 33 USC 1314(h) CWA
                                     304(h); 33 USC 1361(a) CWA 501(a)
                                     CFR  Citation: 40 CFR 136
                                     Legal Deadline: None
                                     Abstract: This regulatory action would
                                     amend the Guidelines Establishing Test
                                     Procedures for the Analysis of
                                     Pollutants under 40 CFR part 136 to
                                     approve new procedures for the
                                     analysis of miscellaneous metals,
                                     anions, and volatile organics under the
                                     Clean Water Act (CWA). These methods
                                     are used for implementing water
                                     quality based permits under the
                                     National Pollutant Discharge
                                     Elimination System (NPDES) of the
                                     CWA. This regulation would approve
                                     test procedures to be used in measuring
                                     this group of compounds under the
                                     NPDES Program unless the Regional
                                     Administrator approves an alternative
                                     procedure. EPA plans to segment the
                                     rulemaking into two phases to
                                     accommodate different amounts of data
                                     for the long list of compounds.
                                     Timetable:
                                                          Action
                                                                             Date
Action
   Date
NPRM
   To Be Determined
Regulatory Flexibility Analysis
Required: No
NPRM             10/18/95 60 FR 53988
Final Action         11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No

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                                                                       Long-Term Actions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3155
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AC95


3389. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); 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:
                   Small Entities Affected: No
                   Government Levels Affected: Federal,
                   State, Local, Tribal
                   Additional Information: SAN No. 4049
                   Agency Contact: William A. Telliard,
                   Environmental Protection Agency,
                   Water, 4303T, Washington, DC 20460
                   Phone: 202 566-1061
                   Fax: 202 566-1053
                   Email: telliard.william@epa.gov

                   Maria Gomez-Taylor, Environmental
                   Protection Agency, Water, 4303T,
                   Washington, DC 20460
                   Phone: 202 566-1005
                   Fax: 202 566-1053
                   Email: gomez-
                   taylor.maria@epamail.epa.gov
                   RIN: 2040-AD09


                   3390. TEST PROCEDURES FOR THE
                   ANALYSIS OF MISCELLANEOUS
                   METALS, ANIONS, AND VOLATILE
                   ORGANICS UNDER THE CLEAN
                   WATER ACT, PHASE TWO
                   Priority: Substantive, Nonsignificant
                   Legal Authority: 33 USC 1314(h) CWA
                   304(h); 33 USC 1361(a) CWA 501(a)
                   CFR Citation: 40 CFR 136
                   Legal Deadline: None
                   Abstract: This regulatory action would
                   amend the Guidelines Establishing Test
                   Procedures for the Analysis of
                   Pollutants under 40 CFR Part 136 to
                   approve new procedures for the
                   analysis of miscellaneous metals,
                   anions, and volatile organics under the
                   Clean Water Act (CWA). These methods
                   are used for implementing water
                   quality based permits under the
                   National Pollutant Discharge
                   Elimination System (NPDES) of the
                   CWA. This regulation would approve
                   test procedures to be used in measuring
                   this group of compounds under the
                   NPDES unless the Regional
                   Administrator approves an alternative
                   procedure. This rulemaking would
                   constitute the second of two segments
                   of rulemaking initially proposed as one
                   action.
                   Timetable:
                  Action
                   Date
Action
Date
NPRM
                   To Be Determined
Regulatory Flexibility Analysis
Required: No
NPRM            10/18/95  60 FR 53988
Final Action         11/00/04
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4089
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov

Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-
taylor.maria@epamail.epa.gov
RIN: 2040-AD12


3391. 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

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EPA—Clean Water Act (CWA)
                                                                          Long-Term Actions
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
NPRM             01/00/05
Final Action         09/00/05
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, 4303T, Washington, DC 20460
Phone: 202 566-1028
Fax: 202 566-1053
Email: stapleton.gregory@epa.gov

Steven Giordano, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1272
Fax: 202 566-1546
Email: giordano.steven@epa.gov
RIN: 2040-AD39


3392. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1316 CWA 306; 33 USC
1326 CWA 316; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial,
November 1, 2004.
Final, Judicial, June 1,  2006.
Abstract: This rulemaking affects, at a
minimum, existing facilities that use
cooling water  intake structures,  and
whose intake flow levels  exceed a
minimum threshold EPA will
determine during this rulemaking. The
affected facilities include at a
minimum, 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; 5)
primary metals manufacturing facilities;
and 6) oil and gas extraction facilities.
Section  316(b) of the Clean Water Act
provides that any standard established
pursuant to sections 301 or 306 of the
Clean Water Act and applicable to a
point source shall require that the
location, design, construction, and
capacity of cooling water intake
structures reflect the best technology
available for minimizing adverse
environmental impact. A primary
purpose of this action is to minimize
the impingement and  entrainment of
fish and other aquatic organisms  by
cooling water intake structures.
Impingement 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
                     NPRM
                     Final Action
                  11/00/04
                  06/00/06
                     Regulatory Flexibility Analysis
                     Required: Undetermined
                     Small Entities Affected: Businesses,
                     Governmental Jurisdictions
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Additional Information: SAN No. 4543
                     Sectors Affected: 211111 Crude
                     Petroleum and Natural Gas Extraction;
                     211112 Natural Gas Liquid Extraction;
                     22111 Electric Power Generation; 21'
                     Mining; 22133 Steam and Air-
                     Conditioning Supply;  311 Food
                     Manufacturing; 312 Beverage and
                     Tobacco Product 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: John Fox,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1040
Fax: 202 566-1053
Email: fox.john@epa.gov

Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1041
Fax: 202 566-1053
Email: segall.martha@epa.gov
RIN: 2040-AD70


3393. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1317 CWA 307; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the General Pretreatment
Regulations (40 CFR part 403) that
address restrictions on and oversight of
industrial discharges into Publicly
Owned Treatment Works (POTWs). The
final rule 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
                                     NPRM
                                     Final Action
                  07/22/99 64 FR 39564
                  12/00/04

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                                                                                       31101
EPA—Clean  Water Act (CWA)
                                                                          Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3663
Agency Contact: Jan Pickrel,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickrel.jan@epa.gov

Jeffrey B. Smith, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-5586
Email: smith.jeff@epa.gov
RIN: 2040-AC58


3394. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1312 CWA 302; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to issue a
rulemaking package to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification,  and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include adding additional permit
modifications that can be considered
minor modifications at 122.63, and
changes to requirements concerning
EPA's review of State permits. Other
revisions may be considered as work
on this rule progresses. This
rulemaking is expected to affect entities
which implement the NPDES program
or are regulated by it. This includes
small businesses and State, tribal and
local governments. Most of these effects
are  expected to be deregulatory or
streamlining in nature.
Timetable:
Action
                   Date
NPRM
Final Action
11/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3786
Agency Contact: Howard E. Rubin,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-2051
Fax: 202 564-9544
Email: rubin.howarde@epa.gov

Robert Wood, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-9536
Fax: 202 564-9544
Email: wood.robert@epa.gov
RIN: 2040-AC84


3395. CLEAN WATER ACT DEFINITION
OF WATERS OF THE UNITED STATES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 33 USC 1361 CWA
501; 33 USC 1362 CWA 502
CFR Citation: 33 CFR 328.3(a); 40 CFR
110.1; 40 CFR 112.2; 40 CFR 116.3; 40
CFR 117.1; 40 CFR 122.2; 40 CFR
230.3(s); 40 CFR 232.2; 40 CFR 257.3-
l(d); 40 CFR 300, app E; 40 CFR
401.11(1)
Legal Deadline: None
Abstract: An Advance Notice of
Proposed Rulemaking (ANPRM) on the
Clean Water Act (CWA) regulatory
definition of "waters of the United
States" was published jointly by EPA
and the Department of the Army on
January 15, 2003. The ANPRM solicited
public input on aspects of CWA
regulatory jurisdiction that should be
addressed in joint rulemaking to clarify
the jurisdictional status under the CWA
of isolated intrastate non-navigable
wetlands and other waters. 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 action would
clarify the jurisdictional status under
the Clean Water Act (CWA) of isolated
intrastate non-navigable 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, Solid Waste
Agency of Northern Cook County vs.
U.S. Army Corps of Engineers
(SWANCC). In SWANCC, the Court
                                                          held that the scope of "waters of the
                                                          United States" protected under the
                                                          Clean Water Act did not extend to
                                                          isolated intrastate non-navigable waters
                                                          based solely on presence of migratory
                                                          birds. While SWANCC did not actually
                                                          invalidate regulations under the CWA,
                                                          the decision does establish limitations
                                                          on their use. Revision of the regulatory
                                                          language is  necessary to address the
                                                          Court's decision, improve regulatory
                                                          clarity, and provide more specificity
                                                          regarding CWA jurisdiction.  Among
                                                          other things, 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. Small entities or
                                                          state/local/tribal government might be
                                                          affected by a change in regulatory
                                                          definition of "waters of the United
                                                          States,"  if they either are regulated
                                                          under, or help administer, CWA
                                                          programs affecting such waters (e.g.,
                                                          sections 402, 404, 311). Significant
                                                          impacts  on entities  or such
                                                          governments are not anticipated, as the
                                                          proposed regulatory revisions would be
                                                          consistent with the  Supreme Court
                                                          ruling.

                                                          Timetable:
                                                          Action
                   Date
                                                          ANPRM
                                                          NPRM
                  01/15/03 68 FR 1991
                    To Be Determined
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No. 2804

Agency Contact: Donna Downing,
Environmental Protection Agency,
Water, 4502T, Washington, DC 20460
Phone: 202 566-1367
Fax: 202 566-1375
Email: downing.donna@epa.gov

John Lishman, Environmental
Protection Agency, Water, 4502T,
Washington, DC 20460
Phone: 202 566-1364
Fax: 202 566-1375
Email: lishman.john@.epa.gov

RIN: 2040-AB74

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EPA—Clean Water Act (CWA)
                                                                          Long-Term Actions
3396. CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1383(h)
CFR Citation: 40 CFR 35.3125(b)(l)
Legal Deadline: None
Abstract: This regulation will revise
the Clean Water State Revolving Fund
(CWSRF) Regulations to allow the use
of loans from the non-Federal and non-
State match share of CWSRF funds as
a match for infrastructure grants. In
1990, EPA issued regulations
implementing the CWSRF program,
established as title VI of the Clean
Water Act (CWA) in 1987. Section
603 (h) of the CWA prohibits use of the
CWSRF 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 at
40 CFR 35.3125(b)(l), 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 authorized
by title II of the CWA by the CWSRF
would result in a significant decrease
in the use of other Federal grant funds
for treatment works construction.
However, from FY 1995 onward,
Congress has authorized and
appropriated funds for infrastructure
construction grants in various
Appropriations Acts. There are
currently over 700 projects totaling over
$3.3  billion dollars. In several cases,
EPA has been asked to allow CWSRF
funds to be used as a match for these
grants; but 40 CFR 35.3125(b)(l)
prohibits such action. Upon
reconsideration, EPA has decided its
initial reading in 1990 was too broad,
                     and the intent of Congress was only
                     to prohibit use of CWSRF loans as a
                     match for title II construction grants.
                     This action will revise the regulations
                     to allow a State, in its operation of the
                     CWSRF, to permit a CWSRF loan for
                     non-title II infrastructure construction
                     grant projects to be used as a non-
                     federal match in certain circumstances.
                     The prohibition on the use of CWSRF
                     as a match for a title II construction
                     grant will continue.
                     Timetable:
                     Action
                                        Date
                     Direct Final Rule With   To Be Determined
                       Companion
                       Proposal
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Additional Information: SAN No. 4493
                     Agency Contact: Chau Hoang,
                     Environmental Protection Agency,
                     Water, 4204M, Washington, DC 20460
                     Phone: 202 564-0689
                     Fax: 202 501-2396
                     Email: hoang.chau@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@epamail.epa.gov
                     RIN: 2040-AD68


                     3397. •  REGULATIONS FOR GRAY
                     AND BLACK WATER DISCHARGES
                     FROM CRUISE SHIPS OPERATING IN
                     CERTAIN ALASKAN WATERS
                     Priority: Substantive, Nonsignificant
                     Legal Authority: PL 106-554 sec 1404
                     to 1407
                     CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577}
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
will reduce the environmental impacts
of cruise ships operating in the waters
of Alaska, the Alexander Archipelago,
and the  Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
 Date
NPRM
Final Action
11/00/05
11/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4746
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Beiring,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1270
Fax: 202 566-1546
Email: beiring.elizabeth@epa.gov

David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epa.gov
RIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
                                                                          Completed Actions
3398. • OIL POLLUTION PREVENTION
REGULATION: SPILL PREVENTION,
CONTROL, AND COUNTERMEASURES
(SPCC) EXTENSION

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1251 et seq
                     CFR Citation: 40 CFR 112, sections
                     112.3(a) and (b)

                     Legal Deadline: None

                     Abstract: This rulemaking involves
                     extension of the compliance deadlines
                     in 40 CFR 112.3(a) and (b). The rule
would extend the time in which an
owner or operator had to amend (or,
in some cases, prepare) and implement
a Spill Prevention, Control, and
Countermeasure (SPCC) Plan.

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                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                   31103
EPA—Clean Water Act (CWA)
                                                                      Completed  Actions
Timetable:
Action
 Date
Final Action
04/17/03 68 FR18890
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State, Local, Tribal

Additional Information: SAN No.
2634.1

Sectors Affected: 623 Nursing and
Residential Care Facilities; 2121 Coal
Mining; 2123 Non-Metallic Mineral
Mining and Quarrying; 213113 Support
Activities for Coal Mining; 213114
Support Activities for Metal Mining;
2211 Electric Power Generation,
Transmission and Distribution; 234
Heavy Construction; 324 Petroleum and
Coal Products Manufacturing; 31-33
Manufacturing; 42271 Petroleum Bulk
Stations and Terminals; 5321
Automotive Equipment  Rental and
Leasing; 454311 Heating Oil Dealers;
482 Rail Transportation; 6111
Elementary and Secondary Schools; 622
Hospitals; 483 Water Transportation;
484 Truck Transportation; 485 Transit
and Ground Passenger Transportation;
486 Pipeline Transportation; 6112
Junior Colleges; 6113 Colleges,
Universities and Professional Schools;
211111 Crude Petroleum and Natural
Gas Extraction

Agency Contact: Hugo Fleischman,
Environmental  Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8769
TDD Phone: 703 412-3323
Fax:  703 603-9116
Email: fleischman.hugo@epa.gov

Mark W. Howard, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5203G,
Washington, DC 20460
Phone: 703 603-8715
TDD Phone: 703 412-3323
Fax:  703 603-9116
Email: howard.markw@epa.gov

RIN: 2050-AF11
3399. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REGULATION AND
EFFLUENT GUIDELINES AND
STANDARDS FOR CONCENTRATED
ANIMAL FEEDING OPERATIONS
(CAFOS)

Priority: Economically Significant.
Major under 5 USC 801.

CFR Citation: 40 CFR 122.23; 40 CFR
412

Completed:
                   Reason
                                     Date
                   Final Action
                 02/12/03 68 FR 7125
                   Regulatory Flexibility Analysis
                   Required: Yes

                   Government Levels Affected: Federal,
                   State, Local, Tribal

                   Agency Contact: Paul Shriner
                   Phone:  202 566-1076
                   Fax: 202 566-1053
                   Email: shriner.paul@epa.gov

                   Virginia Kibler
                   Phone:  202 564-0596
                   Email: kibler.virginia@epa.gov

                   RIN:  2040-AD19
                   3400. TEST PROCEDURES: CLEAN
                   WATER ACT AND SAFE DRINKING
                   WATER ACT METHODS UPDATE

                   Priority: Substantive, Nonsignificant

                   CFR Citation: 40 CFR 136; 40 CFR 141;
                   40 CFR 143

                   Completed:
                   Reason
                                     Date
                   Final Action
                 10/23/02 67 FR 65220
                   Regulatory Flexibility Analysis
                   Required: No

                   Government Levels Affected: Federal,
                   State, Local, Tribal

                   Agency Contact: William A. Telliard
                   Phone:  202 566-1061
                   Fax: 202 566-1053
                   Email: telliard.william@epa.gov

                   Khouane Ditthavong
                   Phone:  202 566-1068
                   Fax: 202 566-1053
                   Email: ditthavong.khouane@epa.gov

                   RIN:  2040-AD59
3401. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (REVISIONS TO
METHOD 1631)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136.3
Completed:
                                                       Reason
                  Date
Final Action         10/29/02 67 FR 65876
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William A. Telliard
Phone: 202 566-1061
Fax:  202 566-1053
Email: telliard.william@epa.gov

Khouane Ditthavong
Phone: 202 566-1068
Fax:  202 566-1053
Email: ditthavong.khouane@epa.gov
RIN:  2040-AD72

3402. TEST PROCEDURES: RULE TO
REVISE AND TO RATIFY OR
WITHDRAW WHOLE EFFLUENT
TOXICITY TEST METHODS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136.3
Completed:
                                    Reason
                  Date
Final Action         11/19/02 67 FR 69951
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William A. Telliard
Phone:  202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov

Marion Kelly
Phone:  202 566-1045
Fax: 202 566-1053
Email: kelly.marion@epa.gov
RIN: 2040-AD73

3403. • NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM:
MODIFICATION OF PERMIT DEADLINE
FOR STORM WATER DISCHARGES
FROM OIL AND GAS CONSTRUCTION
ACTIVITY THAT DISTURBS ONE TO
FIVE ACRES
Priority: Substantive, Nonsignificant
Legal Authority: CWA 402(p)(4)

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 31104
Federal  Register/Vol. 68, No.  101/Tuesday, May 27,  2003/Unified Agenda
 EPA—Clean  Water  Act (CWA)
                                                                          Completed Actions
 CFR Citation: 40 CFR 122.26(e)(8)
 Legal Deadline: None
 Abstract: In developing the Phase II
 storm water regulations, EPA
 conducted analysis of the potential
 impacts of the regulation on the
 national economy and also analyzed
 impacts on small businesses. These
 impacts focused on implementation of
\sediment and erosion control practices
 or best management practices to reduce
 pollutants commonly associated with
 construction storm water discharges. In
 performing these analyses, EPA
 considered affected industrial sectors,
 including the oil and gas industry. EPA
 determined that few, if any, oil and gas
 exploration sites would be affected by
 Phase II and impacts on Phase  II rule
 cost estimates were unlikely to be
 significant. Since January 2002, the oil
 and gas industry has provided
 information indicating that close to
 30,000 oil and gas sites will be affected
 by the Phase II storm water regulations.
 In the spirit of Executive Order 13211,
 which directs EPA to consider  the
 impact of its actions on energy-related
 production activities, the Agency
 believes it is important to review the
 economic analysis of the Phase II rule
 to determine the impact on the oil and
 gas industry. In evaluating the  impact,
                     the Agency will work with states,
                     industry, and other entities to gather
                     and evaluate data on the development
                     and use of appropriate best
                     management practices for the oil and
                     gas industry. EPA will also continue to
                     review the scope and effect of 33 USC
                     1342(1)2), relating to oil and gas
                     exploration activities, and other
                     provisions of the Clean Water Act. EPA
                     extended the March 10, 2003, permit
                     authorization deadline for Phase II oil
                     and gas facilities to be covered by a
                     storm water permit.
                     Timetable:
                     Action
Date
                     NPRM             12/30/02 67 FR 79827
                     Final Action         03/10/03 68 FR 11325
                     Regulatory Flexibility Analysis
                     Required: No
                     Small Entities Affected: No
                     Government Levels Affected: Federal,
                     State
                     Additional Information: SAN No. 4765
                     URL For More Information:
                     www.epa.gov/npdes
                     Agency Contact: Wendy Bell,
                     Environmental Protection Agency,
                     Water, 4203M, Washington, DC 20460
                     Phone: 202 564-0746
                  Fax: 202 564-6392
                  Email: bell.wendy@epamail.epa,gov

                  RIN: 2040-AD98


                  3404. WITHDRAWAL OF TOTAL
                  MAXIMUM DAILY LOAD (TMDL)
                  PROGRAM REVISIONS
                  Priority: Other Significant
                  CFR Citation: 40 CFR 9; 40 CFR 122;
                  40 CFR 123; 40 CFR 124; 40 CFR 130
                  Completed:
                   Reason
                                      Date
NPRM
Final Action
12/27/02 67 FR 79020
03/19/03 68 FR 13607
                   Regulatory Flexibility Analysis
                   Required: No

                   Government Levels Affected: Federal,
                   State, Tribal
                   Agency Contact: Christine Ruf
                   Phone: 202 566-1220
                   Fax: 202 566-1331
                   Email: ruf.christine@epa.gov

                   Francois Brasier
                   Phone: 202 566-1214
                   Fax: 202 566-1333
                   Email: brasier.francoise@epa.gov
                   RIN: 2040-AD84
 Environmental  Protection Agency (EPA)
 Safe  Drinking Water Act  (SDWA)
                                                                        Proposed  Rule Stage
 3405. NATIONAL PRIMARY DRINKING
 WATER REGULATIONS: LONG TERM
 2 ENHANCED SURFACE WATER
 TREATMENT RULE
 Priority: Economically Significant.
 Major under 5 USC 801.
 Unfunded Mandates: This action may
 affect State, local or tribal governments
 and the private sector.
 Legal Authority: 42 USC 300f; 42 USC
 300g-l; 42 USC 300g-2; 42 USC 300g-
 3; 42 USC 300g-4; 42 USC 300g-5; 42
 USC 300g-6; 42 USC 300J-4; 42 USC
 300J-9; 42 USC 300J-11
 CFR Citation: 40 CFR 141 to 142; 40
 CFR 9
 Legal Deadline: None
 Abstract: The Long Term 2 Enhanced
 Surface Water Treatment Rule
 (LT2ESWTR) will control risk from
 microbial pathogens in drinking water.
 It is being developed simultaneously
 with the Stage 2 Disinfectants and
                     Disinfection Byproducts Rule (DBPR)
                     which will address risk caused by the
                     use of disinfectants in drinking water.
                     This rule could affect all public water
                     systems that use surface water as a
                     source. Promulgating the LT2ESWTR
                     and the Stage 2 DBPR as a paired
                     rulemaking is necessary to ensure that
                     adequate  protection from microbial risk
                     is maintained while EPA manages risk
                     from disinfection byproducts. In
                     developing the LT2ESWTR, EPA will
                     analyze a significant body of new
                     survey data on microbial pathogens in
                     source and finished waters, as well as
                     data on parameters which could serve
                     as indicators of microbial risk. This
                     survey data, which was collected under
                     the Information Collection Rule [ICR),
                     Supplemental Surveys to the ICR, and
                     additional research projects, will
                     provide a substantially more
                     comprehensive and complete picture of
                     the occurrence of waterborne  pathogens
                     than was  available previously. EPA will
                  also use significant new data on the
                  efficiency of treatment processes for the
                  removal and inactivation of
                  microorganisms, as well as new
                  information on the pathogenicity of
                  certain pathogens, to determine
                  effective regulatory requirements for
                  controlling microbial risk. On March
                  30, 1999, EPA established a committee
                  of stakeholders under the Federal
                  Advisory Committee Act (FACA) to
                  assist in the development of these rules
                  and an agreement in principle was
                  signed in September 2000 outlining the
                  proposed rule options.

                  Timetable:
                  Action
                                     Date
                  NPRM
                  Final Action
                  06/00/03
                  07/00/04
                  Regulatory Flexibility Analysis
                  Required: No

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                 Federal Register/Vol.  68,  No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                   31105
EPA—Safe Drinking Water Act  (SDWA)
                                                   Proposed Rule  Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4341
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, Washington, DC 20460
Phone: 202 564-5281
Fax: 202 564-3767
Email: schmelling.dan@epa.gov

Thomas Grubbs, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
RIN: 2040-AD37


3406. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f; 42 USC
300g-2; 42 USC 300g-3; 42 USC 300g-
4; 42 USC 300g-5; 42 USC 300g-6; 42
USC 300J-4; 42 USC  300J-9; 42 USC
300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR9
Legal Deadline:  Final, Statutory, July
14,  2003.
Abstract: This Regulation, along with
a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems  (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. In
developing the Stage 2 DBPR, EPA 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
and an Agreement in Principle was
signed in September 2000 outlining the
proposed rule options.
Timetable:
Action
 Date
NPRM
Final Action
07/00/03
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4342
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Thomas Grubbs,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5262
Fax:  202 564-3767
Email: grubbs.thomas@epa.gov

Stig Regli, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-5270
Fax:  202 564-3767
Email: regli.stig@epa.gov
RIN:  2040-AD38
3407. DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Routine and Frequent
Legal Authority: 42 USC 300f et seq;
SDWAl412(b)(l)(B)
CFR Citation: None
Legal Deadline: Final, Statutory,
February 6, 2003, 1 to 5 years after
CCL.
Abstract: This action is to develop the
Second Drinking Water Contaminant
Candidate List (CCL2). To meet the Safe
Drinking Water Act (SDWA)
requirements under section
1412(b)(l)(B)(i), as amended in 1996,
EPA will publish a list of contaminants
that are known  or anticipated to occur
in public water systems which may
require regulation under the SDWA. In
developing this list of contaminants,
that are not currently subject to any
proposed or  promulgated NPDWRs,
EPA must consult with the SAB,
provide an opportunity for public
comments, consider the National
Contaminant Occurrence Database
(developed under SDWA section
1445(g)), consider contaminants
referred to in section 101(4) of
CERCLA, and substances registered as
pesticides under FIFRA. Similar to
CCL1, the CCL2 will be based on
readily available occurrence and health
effects information  and evaluated by
EPA. SDWA required the first CCL to
be published 18 months after the date
of enactment (2/98), and a new CCL
every 5 years thereafter. The methods
used to develop the CCL are described
in the Federal Register (62 FR 52193).
To respond to comments received on
the draft drinking water CCL, the
Agency requested assistance from the
National Research Council (NRC) for
guidance on  methods and processes to
identify and  narrow a very broad
universe of potential contaminants into
a smaller, more focused list for the
future CCLs.  The details of the NRC
recommendation are available in the
report entitled "Classifying Drinking
Water Contaminants for Regulatory
Considerations." The NRC
recommendations are being evaluated
by a National Drinking Water Advisory
Council Work Group and the results of
this parallel  effort will be used for
future CCLs.
Timetable:
                    Action
                   Date
                    Preliminary Notice
                     Announcement
                  06/00/03

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31106
                Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Safe Drinking  Water Act (SDWA)
                                                                                        Proposed Rule Stage
                   Date
                  10/00/03
Action
Final Notice
  Announcement of
  CCL
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4703

Agency Contact: Thomas Carpenter,
Environmental Protection Agency, Air
and Radiation, 4607M, Washington, DC
20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov
Dr. Jitendra Saxena, Environmental
Protection Agency, Air and Radiation,
4607M
Phone: 202 564-5243
Fax:  202 564-3760
Email: saxena.jitendra@epa.gov

RIN: 2060-AD86
Environmental  Protection Agency (EPA)
Safe  Drinking Water Act  (SDWA)
                                                                                             Final Rule Stage
3408. 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 300g-l; SDWA
1412(b)(8)
CFR Citation: 40 CFR 141;  40 CFR 400
to 406; 40 CFR 142 14 to 16 (Revision)
Legal Deadline: Other, Statutory, Not
later than promulgation of the Stage 2
Disinfection Byproducts Rule (currently
scheduled for October 2004).
Abstract: EPA has proposed a targeted
risk-based regulatory strategy for all
public water systems served by ground
water. 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
                                      NPRM
                                      Final Action
                  05/10/00 65 FR 30194
                  12/00/03
                                      Regulatory Flexibility Analysis
                                      Required: Yes

                                      Small Entities Affected: Businesses,
                                      Governmental Jurisdictions,
                                      Organizations
                                      Government Levels Affected: Federal,
                                      State, Local, Tribal

                                      Federalism: This action may have
                                      federalism implications as defined in
                                      EO 13132.
                                      Additional Information: SAN No. 2340
                                      Sectors Affected: 22131 Water Supply
                                      and Irrigation Systems
                                      Agency Contact: Crystal Rodgers,
                                      Environmental Protection Agency,
                                      Water, 4607M, Washington, DC 20460
                                      Phone: 202 564-5275
                                      Fax: 202 564-3767
                                      Email: rodgers.crystal@epa.gov

                                      Tracy Bone, Environmental Protection
                                      Agency, Water, 4607M, Washington, DC
                                      20460
                                      Phone: 202 564-5257
                                      Fax: 202 564-3767
                                      Email: bone.tracy@epa.gov
                                      RIN: 2040-AA97
                                      3409. DRINKING WATER:
                                      REGULATORY DETERMINATIONS
                                      REGARDING CONTAMINANTS ON
                                      THE DRINKING WATER
                                      CONTAMINANT CANDIDATE LIST
                                      Priority: Other Significant
                                      Legal Authority: 42 USC 300f et seq;
                                      SDWA1412(b)(l)(B)
                                      CFR Citation: None
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 nine contaminants that have
sufficient scientific information to make
regulatory determinations:
Acanthamoeba; Aldrin; Dieldrin;
Hexachlorobutadiene; Manganese;
Metribuzin; Naphthalene; 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

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                 Federal Register/Vol. 68, No. 101/Tuesday, May  27,  2003/Unified Agenda
                                                                                     31107
EPA—Safe Drinking Water Act (SDWA)
                                                                          Final Rule Stage
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 action is necessary.

Timetable:
Action
Date
Notice of Preliminary  06/03/02 67 FR 38222
  Regulatory
  Determinations
Notice of Final       05/00/03
  Regulatory
  Determinations
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4447

Sectors Affected: 22131 Water Supply
and Irrigation Systems

Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax:  202 564-3760
Email: wirth.karen@epa.gov

Tom Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4885
Fax:  202 564-3760
Email: carpenter.tom@epa.gov
RIN: 2040-AD61


3410. SIX-YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: None
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
regulation 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 69
NPDWRs published prior to 1996. The
remaining NPDWRs published prior to
1996 (e.g., arsenic, radionuclides, most
microbiological NPDWRs) have been, or
are being, reviewed in the context of
recent or ongoing rulemakings. 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 planned rulemaking
                                                        schedule for the regulations that the
                                                        Agency believes are appropriate
                                                        candidates for revision at that time.
                                                        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
                                                        Notice of Preliminary  04/17/02 67 FR 19030
                                                          Decision
                                                        Notice of Final       05/00/03
                                                          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,  4607M, Washington, DC 20460
                                                        Phone: 202 564-4884
                                                        Fax:  202 564-3760
                                                        Email:  lebowich.judy@epa.gov

                                                        Wynne Miller, Environmental
                                                        Protection Agency, Water, 4607M,
                                                        Washington, DC 20460
                                                        Phone: 202 564-4887
                                                        Fax:  202 564-3760
                                                        Email:  miller.wynne@epa.gov

                                                        RIN:  2040-AD67
Environmental Protection Agency (EPA)
Safe  Drinking Water Act  (SDWA)
                                                                        Long-Term Actions
3411. 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: Other, Statutory,
                  February 6, 1999, Publish radon health
                  risk reduction and cost analysis.
                  NPRM, Statutory, August 6, 1999.
                  Final, Statutory, November 2, 2000.

                  Abstract: EPA proposed regulations for
                  radon in drinking water which provide
                  flexibility in how to manage the health
                  risks from radon, in both drinking
                  water and in indoor air. States and
                  systems 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. The proposal was based on the
                                      unique framework in the 1996 Safe
                                      Drinking Water Act (SDWA). The
                                      proposed regulation would provide two
                                      options to  states and water systems for
                                      reducing public health risks from
                                      radon. Under the first option, states
                                      may choose to develop enhanced state
                                      programs to address the health risks
                                      from indoor radon while water systems

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 31108
Federal Register/Vol.  68,  No. 101/Tuesday, May 27,  2003/Unified Agenda
 EPA—Safe Drinking Water Act (SDWA)
                                                                         Long-Term  Actions
 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). 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
Xther 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.
 Timetable:
Action
ANPRM
NPRM
Notice
NPRM
Notice
Final Action
Date
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59245
06/23/00 65 FR 391 13
12/00/04
 Regulatory Flexibility Analysis
 Required: Yes
 Small Entities Affected: Businesses,
 Governmental Jurisdictions
 Government Levels Affected: Federal,
 State, Local, Tribal
 Federalism: This action may have
 federalism implications as defined in
 EO 13132.
 Additional Information: SAN No. 2281
 Sectors Affected: 22131 Water Supply
 and Irrigation Systems
 Agency Contact: Becky Allen,
 Environmental Protection Agency,
 Water, 4607M, Washington, DC 20460
 Phone: 202 564-4689
 Fax: 202 564-3760
 Email: allen.rebeccak@epa.gov

 Dr. Richard Reding, Environmental
 Protection Agency, Water, 4607M,
 Washington, DC 20460
 Phone: 202 564-4656
 Fax: 202 564-3760
 Email: reding.richard@epa.gov
 RIN: 2040-AA94


 3412. 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
 CFR Citation: 40 CFR 141; 40 CFR 142
                     Legal Deadline: None
                     Abstract: EPA promulgated MCLs for
                     aldicarb, aldicarb sulfoxide, and
                     aldicarb sulfone in the Phase II
                     rulemaking in 1991 at levels of 0.003,
                     0.004, and 0.002 ug/1, respectively. In
                     response to an administrative petition
                     from the manufacturer Rhone-Poulenc,
                     the Agency issued an administrative
                     stay of the effective date. EPA will
                     reexamine risk assessment and
                     occurrence data on aldicarb and make
                     a determination of what further action
                     is appropriate.
Timetable:
Action
NPRM
Final Action
Date
08/00/04
08/00/05
                     Regulatory Flexibility Analysis
                     Required: Undetermined
                     Small Entities Affected: Businesses,
                     Governmental Jurisdictions,
                     Organizations
                     Government Levels Affected: Federal,
                     State, Local, Tribal
                     Federalism: Undetermined
                     Additional Information: SAN No. 3238
                     Sectors Affected: 22131 Water Supply
                     and Irrigation Systems
                     Agency Contact: Dr. Richard Reding,
                     Environmental Protection Agency,
                     Water, 4607M, Washington, DC 20460
                     Phone: 202 564-4656
                     Fax: 202 564-3760
                     Email: reding.richard@epa.gov

                     Dan Olson, Environmental Protection
                     Agency, Water, 4607, Washington, DC
                     20460
                     Phone: 202 564-5239
                     Fax: 202 564-3760
                     Email: olson.daniel@epa.gov
                     RIN: 2040-AC13


                     3413. 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 (FRG) 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
groundwater 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 would
provide guidance for taste and odor
acceptability and to protect the public
welfare.
Timetable:
                                                                          Action
                   Date
NPRM              To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202  564-4699
Fax: 202 564-3760
Email: dooley.irene@epa.gov
RIN: 2040-AD54


3414.  • NATIONAL  PRIMARY AND
SECONDARY DRINKING WATER
REGULATIONS: APPROVAL OF
ADDITIONAL METHOD FOR THE
DETECTION OF COLIFORMS AND E.
COLI. IN DRINKING WATER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f; 42 USC
300gl-6; 42 USC 300J-9; 42 USC 300j-
11
CFR Citation: 40 CFR 141.21
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary and
Secondary Drinking Water Regulations
to approve the Colitag Method for the
detection of coliforms and E. Coli. in
finished drinking water. This
promulgation adds an additional
analytical method to part 141  to

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                 Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
                                                                                                        31109
 EPA—Safe  Drinking Water Act  (SDWA)
                                                                                           Long-Term  Actions
monitor for total coliforms and E. Coli
in finished drinking water, for which
other methods have been approved
previously. It does not withdraw any
currently approved methods, nor does
it add nor alter any current monitoring
requirement. This rule provides the
ability to use an additional
standardized method, offering  water
systems and their laboratories further
operational flexibility. On March 7,
2002, EPA published "Unregulated
Contaminant Monitoring Regulation:
Approval of  Analytical Method for
Aeromonas; National Primary and
Secondary Drinking Water Regulations:
Approval of Analytical Methods for
Chemical and Microbiological
Contaminants; Proposed Rule." In this
proposed rule, EPA sought comments
on the proposed promulgation  of
multiple industry-developed methods,
one of which was the Colitag method,
a "Test for Detection and Identification
of Coliforms and E. coli Bacteria in
Drinking Water and Source Water as
Required in National Primary Drinking
Water Regulations." This method was
proposed for the analysis of total
coliforms and E. coli in finished
drinking water samples. EPA has since
received additional information from
CPI International, developers of Colitag,
relevant to the performance of  the
method. Such information included
additional data as well as a re-
evaluation of previously reported data
included in the public record that
supported the proposed approval of
Colitag. On December 2, 2002,  EPA
invited public comments on  this
additional information in "Notice of
Data Availability; National Primary and
Secondary Drinking Water Regulations:
Approval of Analytical Methods for
Chemical and Microbiological
Contaminants;  Additional Information
on the Colitag Method.
Timetable:
Action
                   Data
                  03/07/02 67 FR 10532
                  12/02/02 67 FR 71520
                   To Be Determined
NPRM
NODA
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4769
Agency Contact: Herbert J. Brass,
Environmental Protection Agency,
Water, MS140, Cincinnati, OH 45268
Phone: 513 569-7936
Fax: 513 569-7191
Email: brass.herb@epa.gov

James Sinclair, Environmental
Protection Agency, Water, MS140,
Cincinnati, OH 45268
Phone: 513 569-7970
Fax: 513 569-7191
Email: sinclair.james@epa.gov
RIN: 2040-AD90


3415. e  NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
REVISIONS TO THE TOTAL
COLIFORM MONITORING AND
ANALYTICAL REQUIREMENTS AND
ADDITIONAL DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the  private sector.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA will review and revise
the Total Coliform Rule (TCR) as part
of the 6-year review required by the
1996 SDWA Amendments. EPA intends
revisions to the TCR to maintain or
provide  for greater human health
protection than under the existing TCR.
A Federal Advisory Committee
recommended that EPA, as part of the
TCR 6-year review process, "initiate a
process  for addressing cross-connection
control and backflow prevention
requirements and consider additional
distribution system requirements
related to significant health risks."The
TCR, promulgated in 1989, protects
human health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include  distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. EPA has gained a better
understanding of distribution system
impacts  on human health and,
therefore, is considering strengthening
the TCR by adding distribution system
requirements.
Timetable:
Action
NPRM
Final Action
Date
06/00/06
06/00/08
                                                                           Regulatory Flexibility Analysis
                                                                           Required: Yes
                                                                           Small Entities Affected: Businesses,
                                                                           Governmental Jurisdictions
                                                                           Government Levels Affected: Federal,
                                                                           State, Local, Tribal
                                                                           Federalism: Undetermined
                                                                           Additional Information: SAN No. 4775
                                                                           Agency Contact: Ken Rotert,
                                                                           Environmental Protection Agency,
                                                                           Water, 4607M, Washington, DC 20460
                                                                           Phone: 202 564-5280
                                                                           Fax: 202 564-3767
                                                                           Email: rotert.kenneth@epa.gov

                                                                           Eric Burneson, Environmental
                                                                           Protection Agency, Water, 4607M,
                                                                           Washington, DC 20460
                                                                           Phone: 202 564-5250
                                                                           Fax: 202 564-3767
                                                                           Email: burneson.eric@epa.gov
                                                                           RIN: 2040-AD94
3416. • DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Other, Statutory,
February 28, 2008, The 1996 SDWA
Amendments require EPA to publish
the third list of candidate contaminants
by February 2008. Not a rulemaking.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list of contaminants
that are known or anticipated to occur
in public water systems, and which
may require regulation under the
SDWA every five years. The purpose
of this action is to prepare and publish
the third Contaminant Candidate List
(CCL). In preparing the third list, EPA
will evaluate the classification
approach recommended by the National
Academy of Sciences' National
Research Council (NRC) and, if
possible, use the NRC approach to
identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs. If we identify additional
contaminants prior to 2006, we will
consider those  contaminants in the
regulatory determinations for 2006,
Timetable:
                                                                           Action
                                                        Date
                                                                           Preliminary Notice    01/00/08

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31110
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
EPA—Safe Drinking  Water Act (SDWA)
                                                                          Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov

Yvette Selby, Environmental Protection
Agency, Water, 4607M
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby.yvette@epamail.epa.gov
RIN: 2040-AD99


3417.  UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal  Authority: 42 USC 300h-lSDWA
1422;  42 USC 300h-4SDWA 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
                     Direct Final Rule
To Be  Determined
                     Regulatory Flexibility Analysis
                     Required: No

                     Small Entities Affected: No

                     Government Levels Affected: Federal,
                     State

                     Additional Information: SAN No. 4236

                     Agency Contact: Mario Salazar,
                     Environmental Protection Agency,
                     Water, 4606M, Washington, DC 20460
                     Phone: 202 564-3894
                     Fax: 202 564-3756
                     Email: salazar.mario@epa.gov

                     Bruce Kobelski, Environmental
                     Protection Agency, Water, 4606M,
                     Washington, DC 20460
                     Phone: 202 564-3888
                     Fax: 202 564-3756
                     Email: kobelski.bruce@epamail.epa.gov
                     RIN: 2040-AD40
                     3418. • UNREGULATED
                     CONTAMINANT MONITORING
                     REGULATION FOR PUBLIC WATER
                     SYSTEMS REVISIONS

                     Priority: Substantive, Nonsignificant

                     Legal Authority: 42 USC 300f et seq

                     CFR Citation: 40 CFR 141.40
Legal Deadline: Other, Statutory,
August 6, 2004, This statute (SDWA)
requires EPA to publish a list. SDWA
does not require a regulation nor does
it set a deadline.
Abstract: The 1996 amendments to the
Safe Drinking Water Act require the
Agency to publish, every 5  years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this proposed action is to
meet that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR to: provide
minor modifications to the  current
UCMR program to improve its
implementation; to revise the lists of
analytes to permit a second round of
monitoring; and to approve the
analytical methods needed  to perform
this monitoring.
Timetable:
                  Action
                                     Date
                  NPRM
                  Final Action
                  09/00/04
                  09/00/05
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: Governmental
                  Jurisdictions
                  Government Levels Affected: Federal,
                  State, Local, Tribal
                  Additional Information: SAN No. 4770
                  Agency Contact: David J. Munch,
                  Environmental Protection Agency,
                  Water, MS140, Cincinnati, OH 45268
                  Phone: 513 569-7843
                  Fax: 513 569-7191
                  Email: munch.dave@epa.gov

                  Daniel Hautman, Environmental
                  Protection Agency, Water, MS140,
                  Cincinnati, OH 45268
                  Phone: 513 569-7274
                  Fax: 513 569-7191
                  Email: hautman.dan@epa.gov

                  RIN: 2040-AD93

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                Federal Register/Vol.  68, No.  101 /Tuesday, May 27, 2003/Unified Agenda
                                                                                    31111
Environmental Protection  Agency (EPA)
Safe  Drinking Water  Act (SDWA)
                                                                       Completed Actions
3419. UNREGULATED CONTAMINANT
MONITORING REGULATION:
ANALYTICAL METHOD FOR
AEROMONAS & NATIONAL PRIMARY
& SECONDARY DRINKING WATER
REGULATIONS: ANALYTICAL
METHODS FOR CHEMICAL &
MICROBIOLOGICAL CONTAMINANTS

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 141.40

Completed:
Reason
                  Date
Final Action
10/29/02 67 FR 65888
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Federal,
State, Local, Tribal

Agency Contact: David J. Munch
Phone: 513 569-7843
Fax: 513 569-7191
Email: munch.dave@epa.gov

Daniel Hautman
Phone: 513 569-7274
Fax: 513 569-7191
Email: hautman.dan@epa.gov

RIN: 2040-AD81
3420. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
MINOR REVISION TO CLARIFY
ARSENIC STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300 et seq;
SDWA 1412
CFR Citation: 40 CFR 141.23(a)(4)(i); 40
CFR 141.23(k)(l); 40 CFR 141.62(b); 40
CFR 141.154(b); 40 CFR 141.154(f)
Legal Deadline: None
Abstract: This rule proposes to revise
the rule text establishing a 10 ppb
arsenic drinking water standard (66 FR
6976, January 22, 2001) to express the
standard as 0.010 mg/L (10 ppb)
instead of 0.01 mg/L in response to
issues raised in implementation of the
rule. While EPA believes that the
existing rule  clearly establishes 10  ppb
as the new standard, EPA believes  that
an amendment is appropriate to resolve
concern about the use of significant
figures to round all compliance results
to the nearest 0.001 mg/L (1 ppb).
Timetable:
                   Action
                  Date
                   NPRM            12/23/02 67 FR 78203
                   Final Action        03/25/03 68 FR 14502
                   Regulatory Flexibility Analysis
                   Required: No
                   Small Entities Affected: No
                                                        Government Levels Affected: Federal,
                                                        State, Local, Tribal
                                                        Additional Information: SAN No. 4764

                                                        Agency Contact: Dr. Richard Reding,
                                                        Environmental Protection Agency,
                                                        Water, 4607M, Washington, DC 20460
                                                        Phone: 202 564-4656
                                                        Fax: 202 564-3760
                                                        Email: reding.richard@epa.gov
                                                        RIN: 2040-AD91
3421. MINOR REVISIONS TO THE
PUBLIC NOTIFICATION RULE,
CONSUMER CONFIDENCE REPORT
RULE, AND PRIMACY RULE
Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
                                                        Reason
                   Date
                                                        Final Action
                 11/27/02 67 FR 70850
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Ronald W. Bergman
Phone: 202 564-3823
Fax: 202 564-3755
Email: bergman.ronald@epa.gov
RIN: 2040-AD77
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
                                                                       Long-Term  Actions
3422. 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
                                    NPRM
                                    Final Action
                 08/30/94  59 FR 44798
                 08/00/05
                                    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, 4504T, Washington, DC 20460
                                    Phone: 202 566-1272
                                    Fax: 202 566-1546
                                    Email: giordano.steven@epa.gov

                                    James Woodley, Environmental
                                    Protection Agency, Water,  4504T,
                                    Washington, DC 20460
                                    Phone: 202 566-1288

-------
31112	Federal Register/Vol. 68,  No. 101/Tuesday, May 27, 2003/Unified Agenda	

EPA—Shore Protection Act (SPA)                                                    Long-Term Actions
Fax: 202 566-1546                    Email: woodley.james@epa.gov
                                   RIN: 2040-AB85
                                   [FRDoc. 03-10367 Filed 5-23-03; 8:45 am]
                                   BILLING CODE 6560-50-S

-------
     A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610 REVIEW
        Section  610(a)  of  the  Regulatory Flexibility Act (5 U.S.C. 601)  requires  each agency to have  a plan
    for the periodic  review of its rules that have 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 in part II of this issue.
    Seq.
     No.
    3030
    3031
    3032
           Title
Seq.
 No.
                     EPA
NESHAP:  Perchlorethylene  Dry
 Cleaning Facilities  (Section 610
 Review)
Standards  for Reformulated and
 Conventional  Gasoline (Section
 610 Review)
Inspection/Maintenance  Program
 Requirements (Section 610 Re-
 view)
3249

3268



3361
           Title
Pesticide Worker Protection  Rule
 (Section 610 Review)
Lead;  Requirements  for  Lead-
 Based  Paint Activities in Target
 Housing and Child-Occupied Fa-
 cilities (Section 610 Review)
Sewage Sludge  Standards To De-
 termine the Financial Impact on
 Small Entities in the Wastewater
 Treatment Sector (Section 610
 Review)
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           B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
                                                       REQUIRED

         The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
     those rules that may have a significant economic impact on a substantial number of small entities. Agencies
     meet that requirement by including the information in their submissions for the Unified Agenda.
         The following index  lists the  regulatory actions  in this  publication  for  which agencies  believe that
     the Act may require  a Regulatory  Flexibility Analysis because  the rule is likely  to have  such effects  on
     small businesses,  small governmental jurisdictions, or small organizations. The Sequence  Number (Seq. No.)
     of the entry identifies the location  of the entry in  this edition. For further information,  see the Regulatory
     Information Service Center's Introduction in part II of this issue.
     Seq.
     No.
     3060


     3094

     3150


     3188


     3219



     3269


     3372
              Small Businesses
             Title
                       EPA
Control of Emissions of Air Pollution
  From   Nonroad  Diesel Engines
  and Fuel
NESHAP: Reinforced Plastic Com-
  posites Production
Control of Emissions from Spark Ig-
  nition  Marine Vessels  and High-
  way Motorcycles
Phase I  (FIP) To Reduce the  Re-
  gional Transport of Ozone in the
  Eastern United States
Emissions From Nonroad Spark-Ig-
  nition  Engines and Standards for
  Recreational  Spark-Ignition  En-
  gines
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
Effluent Guidelines and  Standards
  for the Construction and Develop-
  ment Industry
                                 Seq.
                                  No.
3399




3408

3411

3415
                                                              Title
National Pollutant Discharge Elimi-
  nation System Permit Regulation
  and   Effluent  Guidelines   and
  Standards for Concentrated  Ani-
  mal Feeding Operations (CAFOs)
National  Primary  Drinking  Water
  Regulations: Ground Water Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations:  Revisions  to  the
  Total Coliform Monitoring and An-
  alytical Requirements and Addi-
  tional Distribution  System  Re-
  quirements
   Small Governmental Jurisdictions
Seq.
 No.
3269
             Title
                  EPA
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
                                       Seq.
                                       No.
3408

3411

3415
                                                                                                     Title
National  Primary  Drinking  Water
  Regulations: Ground Water Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations:   Revisions  to  the
  Total Coliform Monitoring and An-
  alytical Requirements  and Addi-
  tional  Distribution   System  Re-
  quirements
                                                Small Organizations
                                       Seq.
                                       No.
                                 3269
                                       3408
                   Title
                                                    EPA
      Lead-Based  Paint Activities; Train-
        ing and Certification for Renova-
        tion and Remodeling
      National  Primary  Drinking  Water
        Regulations: Ground Water Rule
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-------
        C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A REGULATORY
                                   FLEXIBILITY ANALYSIS IS  NOT REQUIRED

         The Regulatory Flexibility Act (5  U.S.C. 601) requires that agencies publish regulatory agendas identifying
    those rules that may have a significant economic impact on  a  substantial number of small entities. Agencies
    meet  that requirement  by  including the  information in  their submissions for  the Unified Agenda.  Some
    agencies have chosen to identify  additional regulatory actions  that may have some  impact on  small entities
    even though a Regulatory Flexibility Analysis may not be required.
         The following index lists  the  regulatory  actions in  this  publication for which agencies have chosen
    to  indicate that some impact on  small entities is likely even  though a Regulatory  Flexibility  Analysis may
    not be  required. The Sequence Number  (Seq.  No.)  of the entry identifies  the  location  of the entry in  this
    edition.  For further  information,  see the Regulatory Information Service  Center's Introduction in  part II  of
    this issue.
     Seq.
     No.
     3005



     3013

     3024

     3042

     3050

     3051


     3053

     3059


     3062

     3063

     3066



     3068


     3069


     3070


     3071
             Title
Utilization of Small,  Minority and
  Women's Business Enterprises in
  Procurement  Under Assistance
  Agreements
Persistent,   Bioaccumulative,  and
  Toxic (PBT) Pollutants Strategy
Public  Information  and Confiden-
  tiality Regulations
Review of Minor New Sources and
  Modifications in Indian Country
Electric  Utility  Steam Generating
  Unit MACT Regulation
Portland Cement Manufacturing In-
  dustry NESHAP: Amendment To
  Implement Court Remand
NESHAP:  Solvent Extraction  for
  Vegetable Oil: Amendments
National VOC  Emission Standards
  for Consumer Products; Proposed
  Amendments
Control  of  Methyl Tertiary  Butyl
  Ether (MTBE)
Operating  Permits:  Revisions  to
  Part 70
Protection of Stratospheric Ozone:
  Listing of  Substitutes for Ozone-
  Depleting     Substances:    N-
  Propylbromide
Protection of Stratospheric Ozone:
  Reconsideration  of  Section 608
  Sales Restriction
Federal  Implementation Plan (FIP)
  for the Billings/Laurel,  Montana
  Sulfur Dioxide (SO2) Area
Performance    Warranty     and
  Inspection/Maintenance Test Pro-
  cedures
Inspection/Maintenance Recall Re-
  quirements
                                            Seq.
                                             No.
                                  3088
3089

3091
3092
3095

3096

3097


3099


3103



3110

3111

3112


3113

3116
3117

3118


3120

3123

3125
                                                    Title
Motor Vehicle and Engine Compli-
  ance Program Fees  for:  Light-
  Duty Vehicles and Trucks; Heavy-
  Duty  Vehicles   and  Engines;
  Nonroad  Engines;  and  Motor-
  cycles
NESHAP: Hydrochloric  Acid  Pro-
  duction Industry
NESHAP: Combustion Turbine
NESHAP: Iron and Steel Foundries
NESHAP:  Miscellaneous  Organic
  Chemical Manufacturing
NESHAP:  Reciprocating  Internal
  Combustion Engine
NESHAP:  Industrial,   Commercial
  and Institutional Boilers and Proc-
  ess Heaters
National  Emission  Standards  for
  Hazardous  Air Pollutants:  Mis-
  cellaneous Coating Manufacturing
NSPS: SOCMI — Wastewater and
  Amendment to Appendix  C of
  Part 63 and Appendix J of Part
  60
NESHAP: Plywood and  Composite
  Wood Products
NESHAP: Metal Furniture (Surface
  Coating)
NESHAP:  Miscellaneous   Metal
  Parts  and  Products  (Surface
  Coating)
Plastic Parts and Products (Surface
  Coating) NESHAP
NESHAP: Lime Manufacturing
NESHAP: Surface Coating of Metal
  Cans
NESHAP: Printing,   Coating,  and
  Dyeing of Fabrics and Other Tex-
  tiles
NESHAP: Wood Building Products
  (Surface Coating)
NESHAP: Organic Liquids Distribu-
  tion (Non-Gasoline)
NESHAP: Chromium Electroplating
  Amendment
                                       Seq.
                                        No.
3128

3132

3135

3138



3139
3140

3145




3153



3154




3155



3156



3157
                                                                                            Title
NESHAP: Clay Ceramics Manufac-
  turing
Clarification  to  Existing Part  63
  NESHAP Delegations' Provisions
NESHAP: Brick and Structural Clay
  Products Manufacturing
NESHAP  for Petroleum  Refineries:
  Catalytic Cracking Units, Catalytic
  Reforming Units, and  Sulfur Re-
  covery Units; Amendments
NESHAP:   Sources   Categories:
  General Provisions;  and Require-
  ments for Control Technology De-
  terminations for  Major  Sources in
  Accordance With Clean Air Act
  Sections 112(g)and 112(j)
NESHAP: Secondary Aluminum In-
  dustry Amendments
Federal   Plan  Requirements  for
  Commercial and Industrial Solid
  Waste   Incineration  Units  Con-
  structed On or Before November
  30, 1999
Protection of Stratospheric Ozone:
  Ban on Trade of Methyl Bromide
  to  Non-Parties  to the Montreal
  Protocol
Protection of Stratospheric Ozone:
  Phaseout                   of
  Chlorobromomethane     (Halon
  1011) Production and  Consump-
  tion
Protection of Stratospheric Ozone:
  Supplemental  Rule  Regarding a
  Recycling  Standard Under Sec-
  tion 608
Protection of Stratospheric Ozone:
  Refrigerant   Recycling   Rule
  Amendment To Include Substitute
  Refrigerants
Federal  Implementation  Plans  for
  Indian Reservations  in  Idaho, Or-
  egon and Washington
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-------
                      Federal  Register/Vol. 68,  No.  96/Monday, May  19, 2003/Small Entities  Index
                             —Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3166
     3172
     3176


     3182

     3185

     3189

     3191


     3193


     3195



     3196


     3198


     3199


     3200

     3201


     3202

     3203

     3204
     3220
     3221
              Title
Extension of Alternative Compliance
  Periods  Under the Anti-Dumping
  Program
Regulation of Fuels  and Fuel Addi-
  tives:  Modifications to Standards
  and  Requirements for  Reformu-
  lated and  Conventional Gasoline
  Including  Butane  Blenders  and
  Attest Engagements
NESHAP:  Off-Site Waste and  Re-
  covery Operations Residual Risk
  Standard
NESHAP:  Chromium Electroplating
  Amendment
NSPS and Emission Guidelines for
  Other Solid Waste Incinerators
NESHAP: Oil and Natural Gas Pro-
  duction
NESHAP:  Ethylene Oxide for Steri-
  lization Facilities — Residual Risk
  Standards
NESHAP:  Group  II  Polymers  and
  Resins — Residual Risk Stand-
  ards
NESHAP:  National Emission Stand-
  ards  for  Marine   Tank  Vessel
  Loading Operations — Residual
  Risk Standard
NESHAP:   Perchloroethylene   Dry
  Cleaning Facilities Residual Risk
  Standards
NESHAP:  Shipbuilding  and  Ship
  Repair Surface  Coating Residual
  Risk Standards
NESHAP: Wood Furniture Manufac-
  turing Operations  Residual  Risk
  Standards
NESHAP:    Halogenated   Solvent
  Cleaning Residual  Risk Standards
NESHAP:  Magnetic Tape Manufac-
  turing Operations  Residual  Risk
  Standard
NESHAP:  Printing  and  Publishing
  Industry Residual Risk Standards
NESHAP: Petroleum Refineries Re-
  sidual Risk Standards
National  Emission  Standards for
  Chromium  Emissions From  Hard
  and Decorative Chromium Elec-
  troplating and  Chromium Anod-
  izing  Tanks —  Residual  Risk
  Standards
Protection  of Stratospheric Ozone:
  Allowance  System for Controlling
  HCFC Production,  Import and Ex-
  port
Federal   Plan   Requirements  for
  Small  Municipal Waste Combus-
  tion Units Constructed On or Be-
  fore August 30, 1999
3222

3225

3233



3237


3250

3251

3253


3255

3257

3259


3261


3263

3267


3270



3271


3272

3273

3274



3275



3276


3277

3278


3280
                                                                    Title
                                           Seq.
                                            No.
Paper  and  Other  Web  Coating
  NESHAP
NESHAP:  Friction Materials Manu-
  facturing
Control of Emissions of Air Pollution
  From  New Marine  Compression-
  Ignition Engines At or Above  30
  Liters per Cylinder
Protection  of Stratospheric Ozone:
  Allocation of  Essential Use Allow-
  ances for Calendar Year 2003
Pesticides;  Data Requirements  for
  Conventional Chemicals
Pesticides;  Data Requirements  for
  Antimicrobials
Endocrine  Disrupter Screening Pro-
  gram;   Implementing  Screening
  and Testing Phase
Pesticides; Procedures for the  Reg-
  istration Review Program
Pesticides;  Tolerance  Processing
  Fees
Pesticide  Management  and  Dis-
  posal;   Standards   for  Pesticide
  Containers and Containment
Pesticides;  Registration  Require-
  ments for Antimicrobial Pesticide
  Products
Pesticide  Management  and  Dis-
  posal
Plant-Incorporated Protectants  (For-
  merly      Plant      Pesticides)
  Rulemakings
Amendment to the  Premanufacture
  Notification   Exemptions;   Revi-
  sions of Exemptions for Polymers
  (40 CFR Part 723)
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Test Rule; Developmental and Re-
  productive Toxicity
Follow-Up Rules on Existing Chemi-
  cals
Significant New Use Rule; Selected
  Flame Retardant Chemical  Sub-
  stances  for  Use  in  Residential
  Upholstered Furniture
Lead; Amendments   to  Require-
  ments for Disclosure  of Known
  Lead-Based Paint or Lead-Based
  Paint Hazards in Target Housing
Lead Fishing Sinkers; Response to
  Citizens  Petition  and  Proposed
  Ban
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements  for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Significant  New Use Rule (SNUR);
  Chemical-Specific SNURs To Ex-
  tend  Provisions of Section  5(e)
  Orders
3281

3282

3283




3284

3285

3286

3288

3289



3290




3291

3292

3293

3294
3295

3296

3297


3298


3299




3300

3301

3306



3307
                                                         Title
Test Rule; Generic Entry for  ITC
  Related Testing Decisions
Test Rule; Certain High Production
  Volume (HPV) Chemicals
Test Rule; In Vitro Dermal Absorp-
  tion  Rate  Testing  of  Certain
  Chemicals of Interest to the  Oc-
  cupational Safety and Health Ad-
  ministration
TSCA Section 8(a) Preliminary As-
  sessment Information Rules
TSCA  Section   8(d)   Health   and
  Safety  Data Reporting Rules
TSCA Section 8(e) Policy; Notice of
  Clarification
Asbestos  Model Accreditation Plan
  Revisions
Lead-Based  Paint Activities; Train-
  ing,  Accreditation,  and  Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and Structures
Polychlorinated  Biphenyls (PCBs);
  Exemptions   From   Prohibitions
  Against  Manufacturing,   Proc-
  essing,  and  Distribution in Com-
  merce
Disposal     of     Polychlorinated
  Biphenyls: Implementation Issues
Voluntary Children's Chemical Eval-
  uation Program (VCCEP)
Test Rule; Hazardous Air  Pollutants
  (HAPs)
Test Rule; Certain Metals
Testing   Agreement   for   Certain
  Oxygenated Fuel Additives
Significant New  Use Rule;  Refrac-
  tory Ceramic Fibers (RCFs)
Chemical  Right-tc-Know  Initiative;
  High Production Volume (HPV)
  Chemicals
TSCA Policy Statement  on Over-
  sight  of Transgenic Organisms
  (Including Plants)
Notice  of TSCA  Section 4  Reim-
  bursement Period and TSCA Sec-
  tion 12(b)  Export Notification Pe-
  riod Sunset Dates for TSCA Sec-
  tion 4 Substances
TSCA    Inventory   Update   Rule
  Amendments
Significant    New   Use   Rule;
  Perfluoroalkyl  Sulfonates (PFOA)
TRI; Revisions   to  the Otherwise
  Use Activity Exemptions and the
  Coal Extraction Activities Exemp-
  tion
Clarify  TRI  Reporting Obligations
  Under  EPCRA Section 313 for
  the Metal Mining Activities of Ex-
  traction and Beneficiation
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                      Federal Register/Vol.  68,  No.  96/Monday, May 19,  2003/Small Entities  Index
                              —Cont.
                                     Seq.
                                      No.
      Seq.
      No.
      3308
     3309



     3313

     3315

     3320


     3325


     3348

     3362




     3371


     3373



     3376




     3382


     3387




     3392




     3393



     3405
               Title
Addition  of  Toxicity  Equivalency
  (TEQ)  Reporting  and  Quantity
  Data  for  Individual Members  of
  the Dioxin and Dioxin-like  Com-
  pounds Category  Under EPCRA,
  Section 313
TRI;  Responses  to Petitions Re-
  ceived To Add or Delete or Mod-
  ify Chemical Listings on the Toxic
  Release Inventory
TRI; Chemical Expansion; Finaliza-
  tion of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
  mation Requirements
Modifications to RCRA Rules Asso-
  ciated  With Solvent-Contaminated
  Industrial Wipes
Revisions of the Lead-Acid Battery
  Export Notification and  Consent
  Requirements
RCRA Subtitle C Financial Test Cri-
  teria (Revision)
Revisions to the  National Oil and
  Hazardous Substances  Pollution
  Contingency  Plan;  Subpart  J
  Product Schedule  Listing Require-
  ments
Effluent  Guidelines  and  Standards
  for the Metal Products and Ma-
  chinery Category, Phases 1 and 2
Effluent  Guidelines  and  Standards
  for the  Meat and Poultry Products
  Point   Source   Category  (Revi-
  sions)
Minimizing  Adverse  Environmental
  Impact From Cooling  Water  In-
  take Structures at Existing  Facili-
  ties Under  Section 316(b)  of the
  Clean Water Act, Phase 2
Effluent  Guidelines  and  Standards
  for the  Concentrated Aquatic Ani-
  mal Production Industry
Test  Procedures:   Performance-
  Based    Measurement  System
  (PBMS)  Procedures  and  Guid-
  ance for  Clean Water Act Test
  Procedures
Minimizing  Adverse  Environmental
  Impact from Cooling Water  Intake
  Structures  at  Existing Facilities
  Under  Section   316(b)  of  the
  Clean Water Act, Phase 3
Streamlining     the      General
  Pretreatment Regulations for Ex-
  isting and New Sources of Pollu-
  tion
National  Primary  Drinking  Water
  Regulations: Long Term  2  En-
  hanced Surface Water Treatment
  Rule
 3406


 3412

 3422
                                                                     Title
                                            Seq.
                                            No.
Seq.
 No.
3005



3013

3042

3050

3062

3063

3074



3075

3091
3096

3112


3145




3156



3221



3223

3228


3254
 National   Primary  Drinking  Water
   Regulations: Stage 2 Disinfection
   Byproducts Rule
 National   Primary  Drinking  Water
   Regulations: Aldicarb
 Shore  Protection   Act,   Section
   4103(b) Regulations
              Title
Utilization of  Small,  Minority  and
  Women's Business Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
Review of Minor New Sources and
  Modifications in Indian Country
Electric  Utility Steam  Generating
  Unit MACT Regulation
Control  of  Methyl  Tertiary  Butyl
  Ether (MTBE)
Operating  Permits:  Revisions   to
  Part 70
Rescinding Finding  That Pre-Exist-
  ing  PM10  Standards Are   No
  Longer  Applicable  in Northern
  Ada County/Boise, Idaho
Revising Regulations  on  Ambient
  Air Quality Monitoring
NESHAP: Combustion  Turbine
NESHAP:  Reciprocating   Internal
  Combustion Engine
NESHAP:   Miscellaneous   Metal
  Parts  and   Products  (Surface
  Coating)
Federal  Plan  Requirements   for
  Commercial and  Industrial Solid
  Waste  Incineration   Units  Con-
  structed On or Before November
  30, 1999
Protection of Stratospheric  Ozone:
  Refrigerant    Recycling    Rule
  Amendment To Include Substitute
  Refrigerants
Federal  Plan  Requirements   for
  Small Municipal Waste Combus-
  tion Units Constructed On or Be-
  fore August 30, 1999
NESHAP: Municipal  Solid  Waste
  Landfills
NESHAP: Publicly  Owned  Treat-
  ment Works (POTW) — Amend-
  ments
Endangered  Species and Pesticide
  Regulation
3273

3277

3278


3288

3289



3291

3297


3299




3356



3368
3369
3371
3373
3376
3382
3387
                                                                                                                 Title
 Follow-Up Rules on Existing Chemi-
   cals
 Lead; Management and Disposal of
   Lead-Based Paint Debris
 Lead; Notification Requirements for
   Lead-Based Paint Abatement Ac-
   tivities and Training
 Asbestos  Model Accreditation  Plan
   Revisions
 Lead-Based Paint Activities; Train-
   ing,   Accreditation,   and   Certifi-
   cation Rule and Model State  Plan
   Rule — Bridges and Structures
 Disposal     of     Polychlorinated
   Biphenyls: Implementation Issues
 Chemical  Right-to-Know Initiative;
   High  Production  Volume  (HPV)
   Chemicals
 Notice of TSCA  Section 4  Reim-
   bursement Period and TSCA  Sec-
   tion 12(b) Export Notification Pe-
   riod Sunset Dates for TSCA  Sec-
   tion 4 Substances
 Revise 40 CFR Part 35 Subpart O:
   Cooperative  Agreements   and
   Superfund  State Contracts  for
   Superfund Response Actions
 NPDES  Permit  Requirements  for
   Municipal Sanitary and Combined
   Sewer Collection Systems, Munic-
   ipal Satellite Collection Systems,
   Sanitary  Sewer Overflows,  and
   Peak  Excess Flow Treatment Fa-
   cilities
 Guidance  Regarding National  Pol-
   lutant Discharge Elimination  Sys-
  tem Permit Requirements for Mu-
   nicipal  Wastewater  Treatment
   During Wet Weather Conditions
 Effluent Guidelines  and Standards
   for the  Metal Products and  Ma-
  chinery Category, Phases 1 and 2
 Effluent Guidelines  and Standards
  for the Meat and Poultry Products
   Point  Source   Category   (Revi-
   sions)
 Minimizing  Adverse Environmental
   Impact From Cooling Water In-
  take  Structures  at Existing  Facili-
  ties Under Section 316(b)  of the
  Clean Water Act, Phase 2
 Effluent Guidelines  and Standards
  for the Concentrated  Aquatic  Ani-
  mal Production Industry
Test   Procedures:   Performance-
  Based  Measurement   System
  (PBMS) Procedures and  Guid-
  ance  for Clean  Water Act Test
  Procedures
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                     Federal Register/Vol. 68,  No.  96/Monday, May  19, 2003/Small Entities  Index
                                    —Cont.
     Seq.
     No.
     3392




     3393



     3405



     3406


     3412

     3418


     3422
              Title
                                     Seq.
                                     No.
Minimizing  Adverse Environmental
  Impact from Cooling  Water Intake
  Structures at  Existing Facilities
  Under  Section  316(b)   of  the
  Clean Water Act, Phase 3
Streamlining      the      General
  Pretreatment Regulations  for Ex-
  isting and New Sources of Pollu-
  tion
National  Primary  Drinking   Water
  Regulations:  Long Term  2  En-
  hanced Surface Water Treatment
  Rule
National  Primary  Drinking   Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National  Primary  Drinking   Water
  Regulations: Aldicarb
Unregulated  Contaminant   Moni-
  toring Regulation for Public Water
  Systems Revisions
Shore   Protection  Act,   Section
  4103(b) Regulations
3005



3013

3062

3267


3275



3277

3278


3289
                                                                                Seq.
                                                                                 No.
                                                                     Title
Utilization  of Small,  Minority  and
  Women's Business  Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
Control  of  Methyl  Tertiary  Butyl
  Ether (MTBE)
Plant-Incorporated Protectants (For-
  merly      Plant     Pesticides)
  Rulemakings
Lead;  Amendments  to  Require-
  ments for Disclosure  of  Known
  Lead-Based Paint or Lead-Based
  Paint Hazards in Target Housing
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Lead-Based  Paint  Activities; Train-
  ing,  Accreditation,   and  Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and Structures
3291

3298


3299




3382


3387




3405



3406


3412
                                                                                                                Title
Disposal     of     Polychlorinated
  Biphenyls: Implementation Issues
TSCA  Policy Statement  on Over-
  sight  of Transgenic  Organisms
  (Including Plants)
Notice  of TSCA  Section 4 Reim-
  bursement Period and TSCA Sec-
  tion 12(b) Export Notification Pe-
  riod Sunset Dates for TSCA Sec-
  tion 4 Substances
Effluent Guidelines and Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
Test   Procedures:   Performance-
  Based    Measurement   System
  (PBMS)  Procedures   and Guid-
  ance  for Clean  Water Act Test
  Procedures
National   Primary  Drinking  Water
  Regulations:  Long Term  2  En-
  hanced  Surface Water Treatment
  Rule
National   Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National   Primary  Drinking  Water
  Regulations: Aldicarb
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                    D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
         Executive Order  12866 entitled "Regulatory  Planning and Review" (October 4, 1993; 58  FR 51735) and
     the Unfunded  Mandates Reform  Act  of 1995 (P.L. 104-4) direct  agencies  to assess  the  effects  of Federal
     regulations on  State, local, and tribal  governments. In keeping with these efforts, agencies include  in their
     submissions for the Unified Agenda information on whether their regulatory actions have an effect on various
     levels  of government.  See also  Index E  for entries  that may  have  "federalism implications" as  defined
     in Executive Order 13132 entitled "Federalism" (August 4, 1999, 64 FR 43255).
         The  following  index  lists  the  regulatory  actions  in this publication that  agencies believe  may  have
     effects  on  State,  local,  tribal,  or Federal levels of government.  The  Sequence  Number  (Seq.  No.)  of the
     entry identifies the location of the entry in this edition. For further information, see the Regulatory Information
     Service Center's Introduction in part II of this issue.
     Seq.
     No.
     3005



     3013

     3016


     3020


     3022



     3029


     3033


     3038

     3039
     3043

     3044

     3046




     3048
               State Government
             Title
                        EPA
Utilization of Small,  Minority  and
  Women's Business Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
Cross-Media  Electronic  Reporting
  (ER)  and  Recordkeeping  Rule
  (CROMERRR)
Regulatory  Incentives for the  Na-
  tional Environmental Performance
  Track Program
Project XL Site-Specific Rulemaking
  for NASA White Sands Test Facil-
  ity Electronic Reporting  in  Las
  Cruces, New Mexico
Project  XL  Site-Specific Rule for
  International  Paper Mill  in Jay,
  Maine
Revision to Policy on  Control of
  Volatile   Organic   Compounds
  (VOC)
General  Conformity  Regulations;
  Revisions
Revision to  the  Guideline  on Air
  Quality Models  (Appendix W to
  40 CFR Part 51): Adoption of a
  Preferred General Purpose  (Flat
  and Complex Terrain) Dispersion
  Model and Other Revisions
Implementation  Rule  for  8-hour
  Ozone NAAQS
Implementation  Rule for  PM-2.5
  NAAQS
Performance  Specification  16 —
  Specifications and  Test  Proce-
  dures  for  Predictive  Emission
  Monitoring Systems in  Stationary
  Sources
NESHAP: Printing  and  Publishing
  Industry; Amendments
                                  Seq.
                                   No.
3050

3052


3058


3059


3060


3062

3063

3073


3074



3075

3076




3086


3087


3096

3102
                                                                Title
Electric  Utility  Steam  Generating
  Unit MACT Regulation
National Emission  Standards  for
  Coke Oven Batteries — Residual
  Risk Standards
Transportation  Conformity Amend-
  ments:  Response to  March  2,
  1999, Court Decision
National VOC  Emission  Standards
  for Consumer Products; Proposed
  Amendments
Control of Emissions of Air Pollution
  From  Nonroad  Diesel Engines
  and Fuel
Control  of  Methyl  Tertiary  Butyl
  Ether (MTBE)
Operating  Permits:  Revisions  to
  Part 70
Inspection  Maintenance  Program
  Requirements for  Federal  Facili-
  ties; Amendment to the Final Rule
Rescinding Finding That Pre-Exist-
  ing  PM10 Standards  Are   No
  Longer Applicable in  Northern
  Ada County/Boise,  Idaho
Revising Regulations on Ambient
  Air Quality Monitoring
Revisions to Regional Haze Rule To
  Address Concerns Raised by DC
  Court  Circuit   Regarding  Best
  Available  Retrofit  Technology
  (BART)
Amendment to Subparts H and I  for
  Emissions of Radionuclides Other
  Than Radon From  DOE Facilities
Overview of Rulemakings for the
  Purpose  of  Reducing Interstate
  Ozone Transport
NESHAP:  Reciprocating  Internal
  Combustion Engine
Interstate Ozone  Transport:  Re-
  sponse to Court Decisions on the
  NOx  SIP Call, NOx  SIP Call
  Technical Amendments, and Sec-
  tion 126 Rules
                                        Seq.
                                         No.
3108

3111

3112


3118


3119

3121

3122
3127

3130

3132

3139
3145
                                                                                     3146
3174
3178
                                                                                                        Title
Revision  of  Combustion  Turbines
  NSPS — Part 60, Subpart GG
NESHAP: Metal  Furniture (Surface
  Coating)
NESHAP:   Miscellaneous  Metal
  Parts   and  Products  (Surface
  Coating)
NESHAP:  Printing,  Coating,  and
  Dyeing of Fabrics and Other Tex-
  tiles
NESHAP: Surface Coating of Auto-
  mobiles and Light-Duty Trucks
NESHAP: Primary Magnesium  Re-
  fining
NESHAP: Site Remediation
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
NESHAP: Taconite Iron Ore Proc-
  essing Industry
Clarification  to  Existing  Part  63
  NESHAP Delegations' Provisions
NESHAP:   Sources   Categories:
  General Provisions; and Require-
  ments for Control Technology De-
  terminations for Major Sources in
  Accordance  With  Clean Air Act
  Sections 112(g)and 112(j)
Federal   Plan  Requirements   for
  Commercial  and  Industrial Solid
  Waste  Incineration  Units Con-
  structed On or Before November
  30, 1999
Prevention of  Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New Source Review  (NSR): Rou-
  tine  Maintenance,  Repair,  and
  Replacement
Reclassification as  Nonroad  En-
  gines for Diesel Engines Used in
  the State of California Agricultural
  Pump Application
Accidental Release  Prevention  Re-
  quirements:  Risk  Management
  Programs  Under  the Clean  Air
  Act, Section 112(r)(3); Revisions
  to the List of Substances
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                   Federal  Register/Vol.  68, No. 96/Monday,  May  19, 2003/Government  Levels Index
             State Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3185

     3186



     3188


     3198


     3204
     3213
     3214
     3215
     3216
     3218

     3232
     3234


     3248

     3254

     3263

     3266

     3269


     3271


     3274
              Title
NSPS and Emission  Guidelines for
  Other Solid Waste Incinerators
Prevention of Significant Deteriora-
  tion of Air Quality: Permit Applica-
  tion Review Procedures for Non-
  Federal  Class I Areas
Phase  I (FIP) To Reduce the Re-
  gional Transport of Ozone in the
  Eastern  United States
NESHAP:   Shipbuilding  and  Ship
  Repair Surface  Coating Residual
  Risk Standards
National  Emission  Standards  for
  Chromium Emissions From Hard
  and  Decorative Chromium  Elec-
  troplating and Chromium  Anod-
  izing  Tanks  —  Residual  Risk
  Standards
Revised  Permit  Revision  Proce-
  dures for the  Federal Operating
  Permits  Program — Part 71
Revisions  to Air Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H, 40 CFR Part 51)
Prevention of Significant Deteriora-
  tion  (PSD)  and   Nonattainment
  New  Source  Review   (NSR):
  Clean Units
Voluntary Superior Monitoring
New Jersey Gold Track Project XL
  Rule
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source  Review   (NSR):
  Baseline Emissions  Determina-
  tion,       Actual-to-Futu re-Actual
  Methodology,  Plantwide  Applica-
  bility
Reduction  of the Ambient Air Moni-
  toring Fine Particulate Collocated
  Precision Requirement
Pesticides; Emergency  Exemption
  Process  Revisions
Endangered Species  and Pesticide
  Regulation
Pesticide  Management  and   Dis-
  posal
Groundwater  and  Pesticide  Man-
  agement Plan Rule
Lead-Based Paint Activities; Train-
  ing and  Certification for Renova-
  tion and  Remodeling
Test Rule;  Certain Chemicals on the
  ATSDR  Priority List of Hazardous
  Substances
Significant  New  Use Rule; Selected
  Flame Retardant Chemical  Sub-
  stances  for  Use  in  Residential
  Upholstered Furniture
3275



3277

3278


3288

3289



3291

3292

3306



3308
3309



3310


3311


3313

3314

3315

3317



3318


3319




3320


3321
                                                                     Title
                                           Seq.
                                            No.
Lead;  Amendments   to   Require-
  ments  for Disclosure  of Known
  Lead-Based  Paint or Lead-Based
  Paint Hazards in Target Housing
Lead; Management and Disposal of
  Lead-Based  Paint Debris
Lead; Notification Requirements for
  Lead-Based  Paint Abatement Ac-
  tivities and Training
Asbestos Model Accreditation Plan
  Revisions
Lead-Based  Paint Activities;  Train-
  ing,  Accreditation,  and  Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and Structures
Disposal     of     Polychlorinated
  Biphenyls: Implementation Issues
Voluntary Children's Chemical Eval-
  uation Program (VCCEP)
TRI;  Revisions to  the  Otherwise
  Use Activity  Exemptions and the
  Coal Extraction Activities Exemp-
  tion
Addition  of Toxicity Equivalency
  (TEQ)  Reporting  and  Quantity
  Data for Individual Members of
  the Dioxin and  Dioxin-like Com-
  pounds Category Under EPCRA,
  Section 313
TRI;  Responses to  Petitions  Re-
  ceived To Add or Delete or Mod-
  ify Chemical  Listings on the Toxic
  Release Inventory
Toxic Chemical Release Reporting
  Using North American Industrial
  Classification System (NAICS)
Emergency Planning  and  Commu-
  nity Right-to-Know Act:  Amend-
  ments and Streamlining Rule
TRI; Chemical  Expansion;  Finaliza-
  tion of Deferred Chemicals
TRI; Review of Chemicals on the
  Original TRI  List
TRI; Pollution  Prevention Act Infor-
  mation Requirements
Revisions  to  the  Comprehensive
  Guideline  for   Procurement  of
  Products  Containing  Recovered
  Materials
Revisions  to  Solid  Waste  Landfill
  Criteria;  Leachate   Recirculation
  on Alternative Liners
Listing Determination and  LDR for
  Wastes  Generated During  the
  Manufacture        of       Azo,
  Anthraquinone,    and    Triaryl-
  methane Dyes and  Pigments
Modifications to RCRA Rules Asso-
  ciated With Solvent-Contaminated
  Industrial Wipes
Revision  of Wastewater  Treatment
  Exemptions for Hazardous  Waste
  Mixtures
3324

3326




3327


3328



3329



3330


3331

3332
                                                                                           3333
                                                                                           3335
3336

3337

3338
3339
3340
3342
3343
                                                          Title
Recycled   Used   Oil   Containing
  PCBs: Amendments
Land  Disposal  Restrictions:  Deter-
  mination  of Equivalent Treatment
  for Macroencapsulation of  Radio-
  active Lead Solids; Definition of
  Macroencapsulation
NESHAPS:  Standards  for  Haz-
  ardous  Air  Pollutants  for Haz-
  ardous Waste Combustors
Project XL Site-Specific Rulemaking
  for    Anne    Arundel    County
  Millersville Landfill, Severn, Mary-
  land
Project XL Site-Specific Rulemaking
  for IBM  Semiconductor Manufac-
  turing Facility  in Hopewell Junc-
  tion, New York
Standardized Permit for RCRA Haz-
  ardous Waste  Management Fa-
  cilities
Management of  Cement  Kiln Dust
  (CKD)
Criteria  for  Classification  of Solid
  Waste   Disposal   Facilities  and
  Practices and  Criteria for  Munic-
  ipal Solid Waste  Landfills:  Dis-
  posal  of Residential  Lead-Based
  Paint Waste
Methods Innovation Rule
Research,  Development, and Dem-
  onstration Permits for  Municipal
  Solid Waste Landfill
Hazardous  Waste Manifest Regula-
  tion
Office of Solid  Waste  Burden Re-
  duction Project
Regulation  of Hazardous Oil-Bear-
  ing  Secondary  Materials   From
  Petroleum Refining Industry  and
  Other Hazardous  Secondary Ma-
  terials Processed in a Gasification
  System   To   Produce  Synthesis
  Gas
E-Cycling Pilot Project for Region 3
  States    (ECOS);   Streamlining
  RCRA Regulations to Encourage
  Reuse, Recycling,  and Recovery
  of Electronic Equipment
Recycling  of Cathode  Ray  Tubes
  (CRTs)  and  Mercury-Containing
  Equipment:  Changes  to  Haz-
  ardous Waste Regulations
Amendment to  Project XL Rule-
  making and  Final  Project  Agree-
  ment (FPA) for New England Uni-
  versities Laboratories
Standards  for the Management of
  Coal Combustion  Wastes  Gen-
  erated  by Commercial  Electric
  Power Producers
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                   Federal Register/Vol. 68,  No.  96/Monday, May  19, 2003/Government  Levels Index
             State Government—Cont.
                                     Seq.
                                      No.
      Seq.
      No.
      3344


      3345

      3348

      3349
     3350


     3352


     3355

     3356



     3357



     3358

     3362




     3364


     3365


     3366


     3367




     3368
     3370
              Title
Standards  for the Management  of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
RCRA Burden  Reduction  Initiative,
  Phase 2
RCRA Subtitle C Financial Test Cri-
  teria (Revision)
Land Disposal  Restrictions;  Treat-
  ment  Standards   for   Spent
  Potliners  From Primary Aluminum
  Reduction (K088) and Regulatory
  Classification  of K088 Vitrification
  Units
Land Disposal  Restrictions;  Notice
  of  Data  Availability:  Mercury
  Treatability Studies
NESHAPS:   Standards  for  Haz-
  ardous Air Pollutants for Haz-
  ardous Waste Combustors
Standards  and  Practices for Con-
  ducting "All Appropriate Inquiry"
Revise 40 CFR Part 35 Subpart  O:
  Cooperative  Agreements   and
  Superfund  State  Contracts  for
  Superfund Response Actions
Clarification  to  Interim  Standards
  and Practices for "All Appropriate
  Inquiry" Under CERCLA and No-
  tice of Future Rulemaking Action
National  Priorities  List for  Uncon-
  trolled Hazardous Waste Sites
Revisions to the  National Oil  and
  Hazardous Substances  Pollution
  Contingency  Plan;   Subpart  J
  Product Schedule Listing Require-
  ments
Effluent Guidelines  and Standards
  for Pharmaceutical Manufacturing:
  Amendment
Test Procedures for the Analysis  of
  Mercury Under  the  Clean  Water
  Act (Method 245.7)
Test  Procedures:  Revisions   to
  Method Detection and Quantifica-
  tion for the Clean Water Act
Test Procedures: New and  Updated
  Test Procedures for the  Analysis
  of Pollutants  Under  the  Clean
  Water  Act and  Safe  Drinking
  Water Act
NPDES  Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary  Sewer  Overflows, and
  Peak Excess Flow Treatment Fa-
  cilities
Watershed  Rule:  Total Maximum
  Daily Load (TMDL) Program Revi-
  sions
3371


3372


3373



3374



3375


3376




3377




3379

3380


3381




3382


3383

3384

3385


3386



3387




3388
                                                                     Title
                                            Seq.
                                            No.
Effluent Guidelines  and Standards
  for the  Metal  Products  and Ma-
  chinery Category,  Phases 1 and 2
Effluent Guidelines  and Standards
  for the Construction and  Develop-
  ment Industry
Effluent Guidelines  and Standards
  for the Meat and Poultry  Products
  Point  Source  Category  (Revi-
  sions)
Effluent Guidelines  and Standards
  for the Centralized Waste Treat-
  ment Point Source Category (Re-
  vision)
Test Procedures for the Analysis of
  Biological   Contaminants  Under
  the Clean Water Act
Minimizing  Adverse  Environmental
  Impact From  Cooling Water  In-
  take Structures at Existing Facili-
  ties  Under Section 316(b) of  the
  Clean Water Act, Phase 2
Minimizing  Adverse  Environmental
  Impacts From Cooling Water In-
  take  Structures  Under   Section
  316(b) of the Clean Water Act —
  Phase I Revisions
Round 2 Standards for the Use or
  Disposal of Sewage Sludge
Modification to Competitive Process
  Used by EPA for Wetland Pro-
  gram Development Grants
Effluent Guidelines  and Standards
  for the Pulp, Paper,  and Paper-
  board  Point  Source Category,
  Dissolving  Kraft  and Dissolving
  Sulfite Subcategories (Phase III)
Effluent Guidelines  and Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
Water  Quality Standards  for Ala-
  bama—Phase  II
Water  Quality Standards for Indian
  Country Waters
Test Procedures for the Analysis of
  Trace Metals  Under  the  Clean
  Water Act
Test Procedures: Increased Method
  Flexibility for Test  Procedures Ap-
  proved for Clean Water Act Com-
  pliance Monitoring
Test   Procedures:   Performance-
  Based   Measurement    System
  (PBMS) Procedures  and  Guid-
  ance for Clean Water Act Test
  Procedures
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and  Volatile Organics Under the
  Clean Water Act, Phase One
3389




3390



3392




3393



3394

3395

3396


3398



3399




3400


3401


3402


3403
3404

3405



3406


3408

3411

3412
                                                                                                                 Title
Test Procedures for the Analysis of
  Co-Planar  and Mono-Ortho-Sub-
  stituted Polychlorinated Biphenyls
  (PCBs) Under  the  Clean Water
  Act
Test Procedures for the Analysis of
  Miscellaneous  Metals,   Anions,
  and  Volatile Organics Under the
  Clean Water Act, Phase Two
Minimizing Adverse  Environmental
  Impact from Cooling Water Intake
  Structures  at Existing  Facilities
  Under   Section  316(b)  of  the
  Clean Water Act, Phase 3
Streamlining      the      General
  Pretreatment  Regulations for  Ex-
  isting and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
  III
Clean  Water Act Definition of Wa-
  ters of  the United States
Clean  Water State Revolving  Fund
  Regulation Revisions Re: Use as
  Matching Funds
Oil  Pollution Prevention Regulation:
  Spill  Prevention,  Control,   and
  Countermeasures (SPCC) Exten-
  sion
National  Pollutant Discharge Elimi-
  nation  System Permit Regulation
  and   Effluent  Guidelines   and
  Standards for Concentrated  Ani-
  mal Feeding Operations (CAFOs)
Test Procedures: Clean Water  Act
  and  Safe  Drinking  Water  Act
  Methods Update
Test Procedures for the Analysis of
  Mercury Under the  Clean Water
  Act (Revisions to Method 1631)
Test Procedures: Rule  To Revise
  and To Ratify or Withdraw Whole
  Effluent Toxicity Test Methods
National  Pollutant Discharge Elimi-
  nation   System:  Modification  of
  Permit  Deadline for  Storm Water
  Discharges From Oil  and   Gas
  Construction  Activity  That   Dis-
  turbs One to Five Acres
Withdrawal of Total Maximum  Daily
  Load (TMDL) Program Revisions
National   Primary  Drinking Water
  Regulations:  Long Term 2  En-
  hanced Surface Water Treatment
  Rule
National  Primary  Drinking Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National  Primary  Drinking Water
  Regulations: Ground Water Rule
National  Primary  Drinking Water
  Regulations: Radon
National  Primary  Drinking Water
  Regulations: Aldicarb
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                  Federal Register/Vol.  68, No.  96/Monday, May 19,  2003/Government  Levels Index
            State Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3415
     3417

     3418


     3419
     3420
     3421
              Title
     Seq.
      No.
     3005



     3013

     3016


     3039
     3043

     3044

     3048

     3050

     3058
National  Primary  Drinking  Water
  Regulations:   Revisions  to  the
  Total Coliform Monitoring and An-
  alytical Requirements  and Addi-
  tional  Distribution  System   Re-
  quirements
Underground Injection  Control:  Up-
  date of State Programs
Unregulated   Contaminant   Moni-
  toring  Regulation for Public Water
  Systems Revisions
Unregulated   Contaminant   Moni-
  toring    Regulation:   Analytical
  Method for Aeromonas & National
  Primary  &   Secondary Drinking
  Water   Regulations:  Analytical
  Methods for Chemical  & Micro-
  biological Contaminants
National  Primary  Drinking  Water
  Regulations:  Minor  Revision To
  Clarify Arsenic Standard
Minor Revisions to the Public Notifi-
  cation  Rule,  Consumer  Con-
  fidence Report Rule, and Primacy
  Rule
               Local Government
              Title
                         EPA
Utilization  of Small,  Minority and
  Women's Business  Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,  and
  Toxic (PBT) Pollutants Strategy
Cross-Media  Electronic  Reporting
  (ER)  and  Recordkeeping  Rule
  (CROMERRR)
Revision  to  the Guideline  on Air
  Quality Models  (Appendix W  to
  40 CFR Part 51): Adoption of  a
  Preferred General  Purpose (Flat
  and Complex Terrain) Dispersion
  Model and Other Revisions
Implementation  Rule for  8-hour
  Ozone NAAQS
Implementation  Rule  for   PM-2.5
  NAAQS
NESHAP:  Printing and Publishing
  Industry; Amendments
Electric  Utility  Steam  Generating
  Unit MACT Regulation
Transportation  Conformity  Amend-
  ments:  Response  to  March  2,
  1999, Court Decision
3059


3060


3063

3074



3075

3076




3086


3096

3102




3108

3112


3118


3119

3122
3127

3132

3146




3178




3185

3188


3213
                                                                    Title
                                           Seq.
                                           No
National VOC  Emission  Standards
  for Consumer Products; Proposed
  Amendments
Control of Emissions of Air Pollution
  From  Nonroad  Diesel  Engines
  and Fuel
Operating  Permits:  Revisions  to
  Part 70
Rescinding Finding That Pre-Exist-
  ing  PM10  Standards  Are  No
  Longer  Applicable in  Northern
  Ada County/Boise, Idaho
Revising  Regulations on  Ambient
  Air Quality Monitoring
Revisions to Regional Haze Rule To
  Address Concerns Raised by DC
  Court   Circuit  Regarding   Best
  Available   Retrofit  Technology
  (BART)
Amendment to Subparts H and I for
  Emissions of Radionuclides Other
  Than Radon From DOE Facilities
NESHAP:   Reciprocating  Internal
  Combustion Engine
Interstate  Ozone  Transport:   Re-
  sponse to Court Decisions on the
  NOx SIP  Call,  NOx  SIP  Call
  Technical Amendments, and Sec-
  tion 126 Rules
Revision  of  Combustion Turbines
  NSPS — Part 60, Subpart GG
NESHAP:   Miscellaneous    Metal
  Parts   and   Products   (Surface
  Coating)
NESHAP:  Printing,  Coating,  and
  Dyeing of Fabrics and Other Tex-
  tiles
NESHAP: Surface Coating  of Auto-
  mobiles and Light-Duty Trucks
NESHAP: Site Remediation
NESHAP: AspnalVCoal Tar  Applica-
  tion on Metal Pipes
Clarification  to   Existing  Part 63
  NESHAP Delegations' Provisions
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New Source  Review (NSR):  Rou-
  tine  Maintenance, Repair,  and
  Replacement
Accidental Release  Prevention Re-
  quirements:   Risk  Management
  Programs  Under  the  Clean Air
  Act, Section   112(r)(3); Revisions
  to the List of Substances
NSPS and Emission Guidelines for
  Other Solid Waste Incinerators
Phase I (FIP)  To Reduce  the Re-
  gional Transport of Ozone in the
  Eastern United States
Revised  Permit  Revision   Proce-
  dures  for the Federal Operating
  Permits Program — Part 71
3214
                                                                                           3216
                                                                                           3221
                                                                                          3232
3234


3254

3269


3271


3277

3278


3288

3289



3291

3292

3311


3317



3318


3326




3328
                                                                                           3333
                                                                                           3335
                                                         Title
Revisions  to Air  Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H. 40 CFR Part 51)
Voluntary Superior Monitoring
Federal  Plan   Requirements   for
  Small Municipal  Waste Combus-
  tion Units  Constructed On or Be-
  fore August 30, 1999
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source   Review   (NSR):
  Baseline   Emissions  Determina-
  tion,       Actual-tc-Future-Actual
  Methodology,   Plantwide  Applica-
  bility
Reduction of the Ambient Air Moni-
  toring Fine Particulate Collocated
  Precision Requirement
Endangered  Species and Pesticide
  Regulation
Lead-Based  Paint  Activities;  Train-
  ing and  Certification for  Renova-
  tion and Remodeling
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements  for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Asbestos Model Accreditation Plan
  Revisions
Lead-Based  Paint  Activities;  Train-
  ing,  Accreditation,  and  Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and Structures
Disposal     of     Polychlorinated
  Biphenyls: Implementation Issues
Voluntary Children's Chemical Eval-
  uation Program (VCCEP)
Emergency  Planning and  Commu-
  nity  Right-to-Know Act:  Amend-
  ments and Streamlining Rule
Revisions  to the   Comprehensive
  Guideline  for  Procurement  of
  Products   Containing  Recovered
  Materials
Revisions  to Solid Waste Landfill
  Criteria;  Leachate Recirculation
  on Alternative Liners
Land  Disposal  Restrictions:  Deter-
  mination of Equivalent Treatment
  for Macroencapsulation  of Radio-
  active Lead  Solids; Definition of
  Macroencapsulation
Project XL Site-Specific Rulemaking
  for    Anne    Arundel    County
  Millersville Landfill, Severn, Mary-
  land
Methods Innovation Rule
Research, Development, and Dem-
  onstration  Permits for  Municipal
  Solid Waste Landfill
VerDate Sep<23>2002  12:47 Jun 03,2003 Jkt 000000  PO 00000  Frm 00004  Fmt 1256  Sfmt1256  C:\DOCS\UA0304-4.TXT  GSA1  PsN: RISC

-------
                   Federal  Register/Vol. 68, No. 96/Monday,  May 19, 2003 / Government  Levels Index
            Local Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3337

     3339




     3340



     3343



     3344


     3345

     3349
     3355

     3356



     3357



     3358

     3364


     3365


     3366


     3367




     3368
              Title
Office of Solid  Waste Burden Re-
  duction Project
E-Cycling Pilot Project for Region 3
  States    (ECOS);   Streamlining
  RCRA Regulations to  Encourage
  Reuse, Recycling, and Recovery
  of Electronic Equipment
Recycling  of Cathode  Ray  Tubes
  (CRTs)  and  Mercury-Containing
  Equipment:  Changes  to  Haz-
  ardous Waste Regulations
Standards for  the  Management of
  Coal Combustion Wastes  Gen-
  erated  by Commercial  Electric
  Power Producers
Standards for  the  Management of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
RCRA Burden Reduction Initiative,
  Phase 2
Land  Disposal  Restrictions;  Treat-
  ment   Standards   for   Spent
  Potliners From Primary Aluminum
  Reduction (K088) and  Regulatory
  Classification of K088  Vitrification
  Units
Standards and  Practices for Con-
  ducting "All Appropriate Inquiry"
Revise 40 CFR Part 35 Subpart O:
  Cooperative   Agreements   and
  Superfund  State  Contracts  for
  Superfund Response Actions
Clarification  to Interim  Standards
  and Practices for "All Appropriate
  Inquiry" Under CERCLA and No-
  tice of Future Rulemaking Action
National Priorities List  for  Uncon-
  trolled Hazardous Waste Sites
Effluent Guidelines and  Standards
  for Pharmaceutical Manufacturing:
  Amendment
Test Procedures for the Analysis of
  Mercury Under the Clean Water
  Act (Method 245.7)
Test  Procedures:   Revisions  to
  Method Detection and  Quantifica-
  tion for the Clean Water Act
Test Procedures: New and Updated
  Test Procedures  for the Analysis
  of  Pollutants Under  the  Clean
  Water  Act  and  Safe  Drinking
  Water Act
NPDES Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary  Sewer  Overflows,  and
  Peak Excess Flow Treatment Fa-
  cilities
3371


3372


3373



3374



3375


3376




3379

3380


3385


3386



3387




3388



3389




3390



3392




3393



3394
                                                                     Title
                                           Seq.
                                            No.
Effluent Guidelines  and Standards
  for the Metal Products and  Ma-
  chinery Category, Phases 1 and 2
Effluent Guidelines  and Standards
  for the Construction and Develop-
  ment Industry
Effluent Guidelines  and Standards
  for the Meat and Poultry Products
  Point  Source  Category   (Revi-
  sions)
Effluent Guidelines  and Standards
  for the Centralized Waste  Treat-
  ment Point Source Category (Re-
  vision)
Test Procedures for the Analysis of
  Biological   Contaminants   Under
  the Clean Water Act
Minimizing  Adverse Environmental
  Impact From Cooling Water  In-
  take  Structures at Existing  Facili-
  ties Under  Section 316(b)  of the
  Clean Water Act, Phase 2
Round  2 Standards  for the Use or
  Disposal of Sewage Sludge
Modification to Competitive Process
  Used  by EPA for Wetland Pro-
  gram Development Grants
Test Procedures for the Analysis of
  Trace Metals  Under  the  Clean
  Water Act
Test Procedures: Increased Method
  Flexibility for Test Procedures Ap-
  proved for Clean Water Act Com-
  pliance Monitoring
Test   Procedures:   Performance-
  Based   Measurement  System
  (PBMS)  Procedures  and  Guid-
  ance  for Clean Water Act Test
  Procedures
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and Volatile Organics Under the
  Clean Water Act, Phase One
Test Procedures for the Analysis of
  Co-Planar and  Mono-Ortho-Sub-
  stituted Polychlorinated Biphenyls
  (PCBs)  Under the Clean  Water
  Act
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and Volatile Organics Under the
  Clean Water Act, Phase Two
Minimizing  Adverse Environmental
  Impact from Cooling Water  Intake
  Structures  at  Existing Facilities
  Under  Section  316(b)  of  the
  Clean Water Act, Phase 3
Streamlining      the      General
  Pretreatment Regulations for Ex-
  isting  and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
3395

3396


3398



3399




3400


3401


3402


3405



3406


3408

3411

3412

3415
3418
3419
3420
                                                                                            3421
                                                                                            3422
                                                          Title
Clean Water Act Definition of  Wa-
  ters of the United States
Clean Water State Revolving Fund
  Regulation Revisions Re: Use as
  Matching Funds
Oil  Pollution Prevention Regulation:
  Spill   Prevention,   Control,   and
  Countermeasures  (SPCC) Exten-
  sion
National Pollutant Discharge Elimi-
  nation System Permit Regulation
  and   Effluent  Guidelines   and
  Standards for Concentrated  Ani-
  mal Feeding Operations (CAFOs)
Test Procedures: Clean Water Act
  and  Safe Drinking  Water  Act
  Methods Update
Test Procedures for the Analysis of
  Mercury Under the  Clean Water
  Act (Revisions to Method 1631)
Test Procedures: Rule To Revise
  and To Ratify or Withdraw Whole
  Effluent Toxicity Test Methods
National  Primary  Drinking  Water
  Regulations:  Long  Term 2  En-
  hanced  Surface Water Treatment
  Rule
National  Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National  Primary  Drinking  Water
  Regulations: Ground Water Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations: Aldicarb
National  Primary  Drinking  Water
  Regulations:  Revisions   to  the
  Total Coliform Monitoring and An-
  alytical  Requirements and Addi-
  tional  Distribution  System  Re-
  quirements
Unregulated   Contaminant  Moni-
  toring Regulation for Public Water
  Systems Revisions
Unregulated   Contaminant  Moni-
  toring   Regulation:   Analytical
  Method for Aeromonas & National
  Primary   &  Secondary  Drinking
  Water   Regulations:  Analytical
  Methods for  Chemical  & Micro-
  biological Contaminants
National  Primary Drinking  Water
  Regulations:  Minor  Revision To
  Clarify Arsenic Standard
Minor Revisions to the Public Notifi-
  cation   Rule,   Consumer  Con-
  fidence Report Rule, and Primacy
  Rule
Shore   Protection  Act,   Section
  4103(b)  Regulations
VerDate Sep<23>2002  12:47 Jun 03, 2003  Jkt 000000  PO 00000  Frm 00005 Fmt 1256  Sfmt1256  C:\DOCS\UA0304-4.TXT  GSA1  PsN: RISC

-------
                   Federal Register/Vol.  68, No. 96/Monday,  May 19, 2003/Government  Levels Index
                Tribal Government
                                     Sea.
                                      No.
      Seq.
      No.
     3005



     3013

     3016


     3038

     3039
     3042

     3043

     3044

     3050

     3058


     3059


     3075

     3076




     3127

     3132

     3146
     3157
     3178
     3186
              Title
                          EPA
Utilization of  Small,  Minority  and
  Women's Business Enterprises in
  Procurement Under  Assistance
  Agreements
Persistent,   Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
Cross-Media   Electronic  Reporting
  (ER)  and   Recordkeeping  Rule
  (CROMERRR)
General  Conformity  Regulations;
  Revisions
Revision to  the Guideline on  Air
  Quality Models (Appendix W  to
  40 CFR Part 51): Adoption of a
  Preferred General Purpose (Flat
  and Complex Terrain) Dispersion
  Model and Other Revisions
Review of Minor New  Sources and
  Modifications in Indian Country
Implementation  Rule   for  8-hour
  Ozone NAAQS
Implementation Rule   for  PM-2.5
  NAAQS
Electric  Utility Steam  Generating
  Unit MACT Regulation
Transportation Conformity Amend-
  ments: Response  to  March  2,
  1999, Court Decision
National  VOC Emission Standards
  for Consumer Products; Proposed
  Amendments
Revising Regulations  on  Ambient
  Air Quality Monitoring
Revisions to Regional Haze Rule To
  Address Concerns Raised by DC
  Court  Circuit  Regarding  Best
  Available    Retrofit   Technology
  (BART)
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
Clarification  to  Existing Part  63
  NESHAP Delegations' Provisions
Prevention of  Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source Review (NSR): Rou-
  tine  Maintenance,   Repair,  and
  Replacement
Federal  Implementation  Plans  for
  Indian Reservations  in Idaho, Or-
  egon and Washington
Accidental Release Prevention Re-
  quirements:   Risk   Management
  Programs  Under  the  Clean  Air
  Act,  Section 112(r)(3);  Revisions
  to the List of Substances
Prevention of  Significant  Deteriora-
  tion of Air Quality: Permit Applica-
  tion Review Procedures for Non-
  Federal Class I Areas
3213


3214


3216
3254

3266

3269


3271


3275



3277

3278


3288

3289



3291

3292

3318


3319
3326
3333
3337

3340
                                                3343
                                                3344
                                                                     Title
                                           Seq.
                                            No.
Revised  Permit  Revision  Proce-
  dures for  the  Federal Operating
  Permits Program — Part 71
Revisions  to Air Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H, 40 CFR Part 51)
Voluntary Superior Monitoring
Endangered  Species and Pesticide
  Regulation
Groundwater  and  Pesticide  Man-
  agement Plan Rule
Lead-Based  Paint Activities; Train-
  ing and  Certification for Renova-
  tion and Remodeling
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Lead;  Amendments  to  Require-
  ments for  Disclosure of  Known
  Lead-Based Paint or  Lead-Based
  Paint Hazards in Target Housing
Lead; Management and Disposal of
  Lead-Based Paint  Debris
Lead; Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Asbestos Model  Accreditation Plan
  Revisions
Lead-Based  Paint Activities; Train-
  ing,  Accreditation,  and  Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and Structures
Disposal     of     Polychlorinated
  Biphenyls: Implementation Issues
Voluntary Children's  Chemical  Eval-
  uation Program (VCCEP)
Revisions  to  Solid  Waste  Landfill
  Criteria;   Leachate  Recirculation
  on Alternative Liners
Listing Determination and LDR for
  Wastes  Generated   During  the
  Manufacture      of       Azo,
  Anthraquinone,    and    Triaryl-
  methane Dyes  and Pigments
Land  Disposal Restrictions: Deter-
  mination of Equivalent Treatment
  for Macroencapsulation of Radio-
  active Lead Solids;  Definition of
  Macroencapsulation
Methods Innovation Rule
Office of Solid Waste Burden Re-
  duction Project
Recycling of  Cathode  Ray Tubes
  (CRTs) and  Mercury-Containing
  Equipment:   Changes to  Haz-
  ardous Waste Regulations
Standards  for the Management of
  Coal Combustion  Wastes  Gen-
  erated  by  Commercial   Electric
  Power Producers
Standards  for the Management of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
                                                                                3345

                                                                                3349
3355

3356



3357



3365


3366


3367




3368
3370


3372


3373



3375


3376





3379

3382


3384
                                                         Title
RCRA Burden  Reduction  Initiative,
  Phase 2
Land  Disposal  Restrictions;  Treat-
  ment   Standards   for   Spent
  Potliners  From Primary Aluminum
  Reduction (K088) and Regulatory
  Classification  of K088 Vitrification
  Units
Standards  and  Practices  for Con-
  ducting "All Appropriate Inquiry"
Revise 40 CFR Part 35 Subpart O:
  Cooperative  Agreements   and
  Superfund  State  Contracts  for
  Superfund Response Actions
Clarification  to  Interim  Standards
  and Practices for "All Appropriate
  Inquiry" Under CERCLA and No-
  tice of Future  Rulemaking Action
Test Procedures for the Analysis of
  Mercury  Under  the Clean  Water
  Act (Method 245.7)
Test  Procedures:   Revisions   to
  Method Detection and Quantifica-
  tion for the Clean Water Act
Test Procedures: New and Updated
  Test Procedures for the  Analysis
  of Pollutants Under  the  Clean
  Water Act  and  Safe  Drinking
  Water Act
NPDES Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary  Sewer  Overflows,  and
  Peak  Excess  Flow Treatment Fa-
  cilities
Watershed  Rule:   Total Maximum
  Daily Load (TMDL) Program Revi-
  sions
Effluent  Guidelines  and Standards
  for the Construction and  Develop-
  ment Industry
Effluent  Guidelines  and Standards
  for the Meat and Poultry  Products
  Point  Source  Category  (Revi-
  sions)
Test Procedures for the  Analysis of
  Biological   Contaminants  Under
  the Clean Water Act
Minimizing  Adverse  Environmental
  Impact From  Cooling Water  In-
  take Structures at Existing Facili-
  ties Under  Section 316(b)  of the
  Clean Water Act, Phase 2
Round 2 Standards for the Use  or
  Disposal of Sewage Sludge
Effluent  Guidelines  and Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
Water Quality Standards for  Indian
  Country Waters
VerDate Sep<23>2002  12:47 Jun 03, 2003  Jkt 000000  PO 00000  Frm 00006  Fml 1256  Sftnt1256 C:\DOCS\UA0304~4.TXT  GSA1  PsN: RISC

-------
                   Federal Register/Vol.  68, No. 96/Monday, May 19,  2003/Government Levels Index
            Tribal Government—Cont.
                                     Seq.
                                      No.
      Seq.
      No.
      3385


      3386



      3387





      3388



      3389





      3390



      3392





      3393



      3394

      3395

      3396


      3398



      3399




      3400


      3401


      3402


      3404
              Title
Test Procedures for the Analysis of
  Trace  Metals  Under  the  Clean
  Water Act
Test Procedures: Increased Method
  Flexibility for Test Procedures Ap-
  proved for Clean Water Act Com-
  pliance Monitoring
Test   Procedures:   Performance-
  Based    Measurement  System
  (PBMS)  Procedures  and  Guid-
  ance for Clean  Water Act Test
  Procedures
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and Volatile Organics  Under  the
  Clean Water Act, Phase One
Test Procedures for the Analysis of
  Co-Planar and  Mono-Ortho-Sub-
  stituted Polychlorinated  Biphenyls
  (PCBs)  Under the Clean  Water
  Act
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and Volatile Organics  Under  the
  Clean Water Act, Phase Two
Minimizing  Adverse  Environmental
  Impact  from Cooling Water  Intake
  Structures at  Existing Facilities
  Under  Section  316(b)  of   the
  Clean Water Act, Phase 3
Streamlining     the      General
  Pretreatment Regulations for Ex-
  isting and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
  III
Clean Water Act Definition of Wa-
  ters of the United States
Clean Water State Revolving Fund
  Regulation Revisions Re: Use as
  Matching Funds
Oil  Pollution Prevention Regulation:
  Spill  Prevention,   Control,  and
  Countermeasures  (SPCC) Exten-
  sion
National Pollutant Discharge  Elimi-
  nation System Permit Regulation
  and  Effluent   Guidelines  and
  Standards for Concentrated Ani-
  mal Feeding Operations (CAFOs)
Test Procedures: Clean  Water Act
  and  Safe  Drinking Water  Act
  Methods Update
Test Procedures for the Analysis of
  Mercury Under the Clean  Water
  Act (Revisions to Method 1631)
Test Procedures:  Rule To Revise
  and To Ratify or Withdraw Whole
  Effluent Toxicity Test Methods
Withdrawal  of Total Maximum Daily
  Load (TMDL) Program Revisions
3405



3406


3408

3411

3412

3415
3418
3419
3420
3421
                                                                     Title
                                           Seq.
                                            No.
Seq.
 No.
3005
3009
3013

3016
3021

3022
National  Primary  Drinking  Water
  Regulations: Long Term 2  En-
  hanced Surface Water Treatment
  Rule
National  Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National  Primary  Drinking  Water
  Regulations: Ground Water Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations: Aldicarb
National  Primary  Drinking  Water
  Regulations:  Revisions  to  the
  Total Coliform Monitoring and An-
  alytical Requirements  and Addi-
  tional   Distribution  System  Re-
  quirements
Unregulated    Contaminant   Moni-
  toring  Regulation for Public Water
  Systems Revisions
Unregulated    Contaminant   Moni-
  toring    Regulation:   Analytical
  Method for Aeromonas & National
  Primary &  Secondary  Drinking
  Water   Regulations:   Analytical
  Methods for Chemical  &  Micro-
  biological Contaminants
National  Primary  Drinking  Water
  Regulations: Minor Revision To
  Clarify Arsenic Standard
Minor Revisions to the Public Notifi-
  cation  Rule,  Consumer  Con-
  fidence Report  Rule, and Primacy
  Rule
          Federal Government
              Title
                    EPA
Utilization  of Small,  Minority and
  Women's Business  Enterprises in
  Procurement  Under  Assistance
  Agreements
Privacy Act Regulations (Revised)
Persistent,   Bioaccumulative,  and
  Toxic (PBT) Pollutants Strategy
Cross-Media  Electronic  Reporting
  (ER)  and  Recordkeeping  Rule
  (CROMERRR)
EPA  Agencywide  Public  Involve-
  ment Policy
Project XL Site-Specific Rulemaking
  for NASA White Sands Test Facil-
  ity  Electronic  Reporting  in Las
  Cruces, New Mexico
3023




3024

3027


3029


3033


3038

3039
3042

3044

3047

3048

3050

3052


3058


3059


3060


3073


3075

3076




3081


3086


3111
                                                                                                                Title
 Nondiscrimination on  the  Basis  of
  Race,   Color,  National   Origin,
  Handicap, and  Age in Programs
  and  Activities Receiving  Federal
  Financial Assistance
 Public  Information  and  Confiden-
  tiality Regulations
 Rewriting  of  EPA Regulations Im-
  plementing the  Freedom of Infor-
  mation Act
 Project XL  Site-Specific Rule  for
  International  Paper Mill  in Jay,
  Maine
 Revision  to  Policy on  Control  of
  Volatile    Organic   Compounds
  (VOC)
 General   Conformity  Regulations;
  Revisions
 Revision  to the  Guideline on Air
  Quality  Models (Appendix W  to
  40 CFR  Part 51): Adoption of a
  Preferred General Purpose (Flat
  and  Complex Terrain) Dispersion
  Model and Other Revisions
 Review of Minor New Sources and
  Modifications in  Indian  Country
 Implementation  Rule for  PM-2.5
  NAAQS
 Revisions  to  Methods 3A, 6C, 7E,
  10, and 20
 NESHAP:  Printing  and  Publishing
  Industry; Amendments
 Electric Utility  Steam  Generating
  Unit  MACT  Regulation
 National  Emission  Standards for
  Coke Oven Batteries — Residual
  Risk  Standards
Transportation Conformity Amend-
  ments:   Response to  March   2,
  1999, Court Decision
National VOC Emission Standards
  for Consumer Products; Proposed
  Amendments
Control of Emissions of Air Pollution
  From Nonroad  Diesel  Engines
  and Fuel
 Inspection  Maintenance  Program
  Requirements for Federal  Facili-
  ties;  Amendment to the Final Rule
Revising  Regulations on  Ambient
  Air Quality Monitoring
 Revisions to Regional Haze Rule To
  Address Concerns Raised by DC
  Court  Circuit  Regarding  Best
  Available   Retrofit   Technology
  (BART)
Adoption  of  the  Amended  Inter-
  national  NOx Standard for Aircraft
  Engines
Amendment to Subparts  H and I for
  Emissions of Radionuclides Other
  Than Radon From DOE Facilities
NESHAP:  Metal Furniture (Surface
  Coating)
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                   Federal Register /Vol. 68,  No.  96 / Monday, May  19, 2003 / Government Levels  Index
           Federal Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3112


     3113

     3127

     3132

     3145





     3146




     3157


     3178




     3188


     3198


     3200

     3204
     3213
     3214
     3215
     3216
     3224
              Title
3232
NESHAP:    Miscellaneous   Metal
  Parts   and   Products   (Surface
  Coating)
Plastic Parts and Products (Surface
  Coating) NESHAP
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
Clarification  to   Existing  Part  63
  NESHAP Delegations' Provisions
Federal   Plan  Requirements   for
  Commercial and Industrial  Solid
  Waste  Incineration  Units  Con-
  structed  On or Before November
  30, 1999
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New Source Review (NSR): Rou-
  tine  Maintenance,  Repair,  and
  Replacement
Federal  Implementation  Plans  for
  Indian Reservations in Idaho, Or-
  egon and Washington
Accidental Release Prevention Re-
  quirements:   Risk  Management
  Programs  Under  the  Clean  Air
  Act, Section  112(r)(3);  Revisions
  to the  List of Substances
Phase I (FIP) To Reduce the Re-
  gional Transport of Ozone in the
  Eastern United States
NESHAP:   Shipbuilding  and  Ship
  Repair Surface Coating Residual
  Risk Standards
NESHAP:    Halogenated    Solvent
  Cleaning Residual Risk Standards
National  Emission  Standards  for
  Chromium Emissions From Hard
  and Decorative Chromium  Elec-
  troplating  and Chromium  Anod-
  izing  Tanks  —  Residual  Risk
  Standards
Revised  Permit  Revision  Proce-
  dures  for  the  Federal  Operating
  Permits Program — Part 71
Revisions  to Air  Pollution  Emer-
  gency   Episode   Requirements
  (SubpartH,40CFRPart51)
Prevention of Significant  Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source  Review  (NSR):
  Clean Units
Voluntary Superior Monitoring
Amend Subpart  H  and I,  40 CFR
  Part 61, for Emissions  of Radio-
  nuclides Other Than Radon From
  DOE Facilities
3233



3243



3244



3245


3247

3248

3250

3251

3252


3254

3255

3257

3258


3259


3260

3261


3262

3263

3264




3265
                                                                    Title
                                           Seq.
                                            No.
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source   Review   (NSR):
  Baseline  Emissions  Determina-
  tion,      Actual-to-Future-Actual
  Methodology,  Plantwide  Applica-
  bility
Control of Emissions of Air  Pollution
  From  New  Marine  Compression-
  Ignition Engines At or Above 30
  Liters  per Cylinder
Environmental Radiation Protection
  Standards for the  Disposal of
  Low-Activity  Mixed   Radioactive
  Waste
Technical Change to Dose  Method-
  ology  for 40 CFR Part 190, Sub-
  part B and 40 CFR  191, Subpart
  A
Revision of the 40 CFR Part 194
  Waste Isolation  Pilot Plant Com-
  pliance Criteria
Acceptability  of  Research  Using
  Human Subjects
Pesticides;  Emergency  Exemption
  Process  Revisions
Pesticides;  Data  Requirements for
  Conventional Chemicals
Pesticides;  Data  Requirements for
  Antimicrobials
Pesticides;  Data  Requirements for
  Biochemical and Microbial Prod-
  ucts
Endangered  Species  and Pesticide
  Regulation
Pesticides; Procedures for the Reg-
  istration  Review Program
Pesticides;  Tolerance  Processing
  Fees
Plant    Incorporated    Protectants
  (PIPs);  Exemption   for   Those
  Based on Viral Coat Proteins
Pesticide  Management  and  Dis-
  posal;  Standards  for  Pesticide
  Containers and Containment
Pesticide Worker Protection  Stand-
  ard  (WPS); Glove Amendment
Pesticides;   Registration   Require-
  ments for Antimicrobial Pesticide
  Products
Pesticide Tolerance  Reassessment
  Program
Pesticide  Management  and  Dis-
  posal
Plant-Incorporated      Protectants
  (PIPs); Exemption for Those De-
  rived  Through Genetic Engineer-
  ing  From  Sexually  Compatible
  Plants
Plant    Incorporated    Protectants
  (PIPs); Exemption for PIPs That
  Act  by  Primarily  Affecting  the
  Plant
3266

3267


3269


3271


3272

3273

3275



3276


3277

3278


3281

3282

3283




3287

3288

3289



3291

3292

3293

3294
3297


3298


3299




3300
                                                         Title
Groundwater  and  Pesticide  Man-
  agement Plan Rule
Plant-Incorporated Protectants (For-
  merly      Plant      Pesticides)
  Rulemakings
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Test Rule; Developmental and Re-
  productive Toxicity
Follow-Up Rules on Existing Chemi-
  cals
Lead;  Amendments  to  Require-
  ments  for  Disclosure  of Known
  Lead-Based Paint or Lead-Based
  Paint Hazards in Target Housing
Lead Fishing Sinkers;  Response  to
  Citizens Petition  and  Proposed
  Ban
Lead; Management and  Disposal  of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Test  Rule; Generic Entry for ITC
  Related Testing Decisions
Test Rule; Certain High  Production
  Volume (HPV) Chemicals
Test Rule; In Vitro Dermal Absorp-
  tion  Rate  Testing  of  Certain
  Chemicals of Interest  to the Oc-
  cupational  Safety and  Health Ad-
  ministration
TSCA Inventory Update  Rule Revi-
  sions
Asbestos  Model Accreditation Plan
  Revisions
Lead-Based  Paint Activities; Train-
  ing,  Accreditation,  and   Certifi-
  cation Rule and Model State Plan
  Rule — Bridges and  Structures
Disposal     of     Polychlorinated
  Biphenyls:  Implementation Issues
Voluntary  Children's  Chemical Eval-
  uation Program (VCCEP)
Test Rule; Hazardous Air Pollutants
  (HAPs)
Test Rule; Certain Metals
Chemical  Right-to-Know  Initiative;
  High Production  Volume  (HPV)
  Chemicals
TSCA Policy Statement on Over-
  sight  of Transgenic  Organisms
  (Including Plants)
Notice of TSCA  Section  4 Reim-
  bursement Period and  TSCA Sec-
  tion  12(b)  Export  Notification Pe-
  riod Sunset Dates for TSCA Sec-
  tion 4 Substances
TSCA  Inventory   Update   Rule
  Amendments
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                   Federal  Register/Vol.  68, No. 96/Monday, May 19,  2003/Government Levels  Index
           Federal Government—Cont.
                                     Seq.
                                      No.
     Seq.
      No.
     3306
     3308
     3309



     3310


     3313

     3314

     3315

     3317



     3319




     3320


     3321


     3325


     3326




     3327


     3329



     3330


     3331
              Title
3332
TRI;  Revisions  to  the Otherwise
  Use Activity Exemptions and the
  Coal Extraction Activities Exemp-
  tion
Addition  of  Toxicity   Equivalency
  (TEQ)  Reporting and  Quantity
  Data for Individual  Members of
  the Dioxin  and Dioxin-like Com-
  pounds Category  Under EPCRA,
  Section 313
TRI;  Responses  to  Petitions  Re-
  ceived To Add or Delete or Mod-
  ify Chemical Listings on the Toxic
  Release Inventory
Toxic Chemical  Release  Reporting
  Using North American Industrial
  Classification System  (NAICS)
TRI; Chemical Expansion;  Finaliza-
  tion of Deferred Chemicals
TRI; Review  of  Chemicals  on the
  Original TRI List
TRI; Pollution Prevention Act Infor-
  mation Requirements
Revisions  to  the  Comprehensive
  Guideline   for  Procurement  of
  Products  Containing   Recovered
  Materials
Listing Determination and  LDR for
  Wastes  Generated   During  the
  Manufacture      of      Azo,
  Anthraquinone,    and    Triaryl-
  methane Dyes and Pigments
Modifications  to RCRA Rules Asso-
  ciated With Solvent-Contaminated
  Industrial Wipes
Revision of Wastewater Treatment
  Exemptions for Hazardous  Waste
  Mixtures
Revisions of the Lead-Acid  Battery
  Export  Notification and  Consent
  Requirements
Land  Disposal  Restrictions:  Deter-
  mination of Equivalent Treatment
  for  Macroencapsulation of  Radio-
  active Lead Solids;  Definition of
  Macroencapsulation
NESHAPS:   Standards  for   Haz-
  ardous  Air  Pollutants  for  Haz-
  ardous Waste Combustors
Project XL Site-Specific  Rulemaking
  for  IBM  Semiconductor Manufac-
  turing Facility  in Hopewell Junc-
  tion, New York
Standardized  Permit for RCRA Haz-
  ardous Waste  Management  Fa-
  cilities
Management  of  Cement  Kiln Dust
  (CKD)
3333
3336

3337

3338
3339




3340



3343



3344


3345

3347




3348

3349
3350


3352


3355

3356
                                                                     Title
                                           Seq.
                                            No.
Criteria  for  Classification  of  Solid
  Waste  Disposal  Facilities  and
  Practices and Criteria for Munic-
  ipal Solid Waste Landfills:  Dis-
  posal  of Residential  Lead-Based
  Paint Waste
Methods Innovation Rule
Hazardous Waste Manifest Regula-
  tion
Office of  Solid Waste  Burden Re-
  duction Project
Regulation of Hazardous Oil-Bear-
  ing  Secondary  Materials   From
  Petroleum Refining Industry and
  Other Hazardous Secondary Ma-
  terials Processed in a Gasification
  System  To  Produce Synthesis
  Gas
E-Cycling  Pilot Project for Region 3
  States   (ECOS);   Streamlining
  RCRA Regulations to Encourage
  Reuse,  Recycling, and Recovery
  of Electronic Equipment
Recycling  of Cathode  Ray  Tubes
  (CRTs)  and  Mercury-Containing
  Equipment:  Changes  to   Haz-
  ardous Waste Regulations
Standards  for the  Management of
  Coal  Combustion Wastes  Gen-
  erated  by  Commercial  Electric
  Power Producers
Standards  for the  Management of
  Coal Combustion Wastes — Non-
  Power Producers and  Minefilling
RCRA  Burden Reduction Initiative,
  Phase 2
Revisions  for Transboundary  Ship-
  ments of  Hazardous  Waste  for
  Recovery Within the Organization
  for  Economic  Cooperation  and
  Development
RCRA Subtitle C Financial Test Cri-
  teria (Revision)
Land  Disposal Restrictions;  Treat-
  ment    Standards    for   Spent
  Potliners From Primary Aluminum
  Reduction (K088) and Regulatory
  Classification of K088 Vitrification
  Units
Land  Disposal Restrictions;  Notice
  of  Data  Availability:   Mercury
  Treatability Studies
NESHAPS:  Standards   for   Haz-
  ardous  Air Pollutants  for  Haz-
  ardous Waste Combustors
Standards  and  Practices for Con-
  ducting "All Appropriate Inquiry"
Revise 40  CFR  Part 35 Subpart O:
  Cooperative   Agreements    and
  Superfund  State  Contracts  for
  Superfund Response Actions
3357



3358

3362




3364


3365


3366


3367




3368
3370
3371
3372
3373
                                           3374
3375
3376
3377
                                                          Title
Clarification  to  Interim Standards
  and Practices for "All Appropriate
  Inquiry" Under CERCLA and No-
  tice of Future Rulemaking Action
National Priorities  List for Uncon-
  trolled Hazardous Waste Sites
Revisions to the National Oil and
  Hazardous Substances  Pollution
  Contingency   Plan;  Subpart  J
  Product Schedule Listing Require-
  ments
Effluent Guidelines and Standards
  for Pharmaceutical  Manufacturing:
  Amendment
Test Procedures  for the Analysis  of
  Mercury Under the Clean  Water
  Act (Method 245.7)
Test  Procedures:   Revisions   to
  Method Detection and Quantifica-
  tion for the Clean Water Act
Test Procedures: New and Updated
  Test Procedures for the Analysis
  of Pollutants  Under the  Clean
  Water Act  and  Safe  Drinking
  Water Act
NPDES  Permit  Requirements for
  Municipal  Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection  Systems,
  Sanitary  Sewer  Overflows,  and
  Peak  Excess Flow  Treatment Fa-
  cilities
Watershed  Rule:  Total  Maximum
  Daily  Load (TMDL)  Program Revi-
  sions
Effluent Guidelines and Standards
  for the  Metal  Products  and  Ma-
  chinery Category, Phases 1 and 2
Effluent Guidelines and Standards
  for the Construction and Develop-
  ment  Industry
Effluent Guidelines and Standards
  for the Meat and Poultry Products
  Point   Source   Category  (Revi-
  sions)
Effluent Guidelines and Standards
  for the Centralized Waste  Treat-
  ment  Point Source  Category (Re-
  vision)
Test Procedures  for the Analysis  of
  Biological   Contaminants  Under
  the Clean  Water Act
Minimizing  Adverse  Environmental
  Impact From Cooling Water In-
  take  Structures at Existing  Facili-
  ties Under Section  316(b)  of the
  Clean Water Act, Phase 2
Minimizing  Adverse  Environmental
  Impacts From  Cooling Water In-
  take   Structures  Under Section
  316(b) of the Clean Water Act —
  Phase I Revisions
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     10
       Federal Register/Vol. 68,  No.  96/Monday,  May  19, 2003/Government  Levels Index
           Federal Government—Cont.
                                     Seq.
                                      No.
     Seq.
      No.
     3378

     3379

     3380


     3381




     3382


     3383

     3384

     3385


     3386



     3387




     3388



     3389




     3390
              Title
Comparison of Dredged Material to
  Reference Sediment
Round 2 Standards for the Use or
  Disposal of Sewage Sludge
Modification to Competitive Process
  Used by  EPA for Wetland  Pro-
  gram Development Grants
Effluent Guidelines  and Standards
  for  the Pulp, Paper,  and Paper-
  board  Point   Source  Category,
  Dissolving  Kraft  and Dissolving
  Sulfite Subcategories  (Phase  III)
Effluent Guidelines  and Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
Water Quality Standards  for  Ala-
  bama—Phase II
Water Quality Standards for Indian
  Country Waters
Test Procedures for the Analysis of
  Trace  Metals  Under  the  Clean
  Water Act
Test Procedures: Increased Method
  Flexibility for Test Procedures Ap-
  proved for Clean Water Act Com-
  pliance Monitoring
Test   Procedures:   Performance-
  Based    Measurement   System
  (PBMS)  Procedures  and  Guid-
  ance for Clean  Water Act  Test
  Procedures
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and  Volatile Organics Under the
  Clean Water Act, Phase One
Test Procedures for the Analysis of
  Co-Planar and  Mono-Ortho-Sub-
  stituted Polychlorinated Biphenyls
  (PCBs) Under the Clean  Water
  Act
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and  Volatile Organics Under the
  Clean Water Act, Phase Two
3391


3392




3393



3394

3395

3396


3397



3398



3399




3400


3401


3402
                                                                     Title
                                           Seq.
                                            No.
Uniform National Discharge Stand-
  ards for  Vessels of the Armed
  Forces - Phase II
Minimizing  Adverse  Environmental
  Impact from Cooling Water Intake
  Structures at  Existing  Facilities
  Under  Section  316(b)  of  the
  Clean Water Act, Phase 3
Streamlining      the      General
  Pretreatment Regulations for Ex-
  isting and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
  III
Clean  Water Act  Definition of Wa-
  ters of the United States
Clean  Water State Revolving  Fund
  Regulation Revisions Re: Use as
  Matching Funds
Regulations for  Gray and  Black
  Water  Discharges   From Cruise
  Ships Operating  in  Certain Alas-
  kan Waters
Oil  Pollution Prevention Regulation:
  Spill  Prevention,  Control,   and
  Countermeasures (SPCC) Exten-
  sion
National  Pollutant Discharge Elimi-
  nation  System Permit Regulation
  and   Effluent   Guidelines   and
  Standards for  Concentrated Ani-
  mal Feeding Operations (CAFOs)
Test Procedures:  Clean Water Act
  and  Safe  Drinking Water  Act
  Methods  Update
Test Procedures for the Analysis of
  Mercury  Under  the  Clean Water
  Act (Revisions to Method 1631)
Test Procedures:  Rule To Revise
  and To Ratify or Withdraw Whole
  Effluent Toxicity Test Methods
3403
3404

3405



3406


3408

3411

3412

3415
3417

3418


3419
                                           3420


                                           3421
                                                          Title
National Pollutant Discharge Elimi-
  nation  System:  Modification of
  Permit  Deadline for Storm Water
  Discharges  From  Oil  and  Gas
  Construction  Activity  That  Dis-
  turbs One to Five Acres
Withdrawal  of Total Maximum Daily
  Load (TMDL) Program Revisions
National  Primary  Drinking  Water
  Regulations:  Long   Term  2  En-
  hanced Surface Water Treatment
  Rule
National  Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
National  Primary  Drinking  Water
  Regulations: Ground Water Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations: Aldicarb
National  Primary  Drinking  Water
  Regulations:  Revisions  to  the
  Total Coliform Monitoring and An-
  alytical Requirements and Addi-
  tional   Distribution   System  Re-
  quirements
Underground Injection Control: Up-
  date of State Programs
Unregulated   Contaminant  Moni-
  toring Regulation for Public Water
  Systems Revisions
Unregulated   Contaminant  Moni-
  toring    Regulation:    Analytical
  Method for Aeromonas & National
  Primary  &  Secondary  Drinking
  Water   Regulations:   Analytical
  Methods  for  Chemical &  Micro-
  biological Contaminants
National  Primary  Drinking  Water
  Regulations:  Minor  Revision  To
  Clarify Arsenic Standard
Minor Revisions to the Public Notifi-
  cation  Rule,  Consumer  Con-
  fidence Report Rule, and Primacy
  Rule
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                E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
        Executive  Order 13132 entitled  "Federalism" (August 4,  1999, 64  FR 43255) directs agencies  to have
    an accountable process to ensure meaningful and timely input by State and local officials in the development
    of regulatory policies that  have "federalism implications." This  term refers to actions  "that have substantial
    direct effects  on  the States, on the relationship between the  national government  and  the States, or  on
    the distribution  of power and responsibilities  among the various  levels of government." As part of this
    effort, agencies,  other  than independent regulatory  agencies,  include in  their submissions  for  the  Unified
    Agenda information on whether their regulatory actions have federalism implications.
        The following  index lists the regulatory actions  in  this publication that  agencies believe may have
    federalism implications.  The Sequence  Number  (Seq. No.) of the entry identifies the location of the entry
    in this edition.  For further information, see the Regulatory  Information Service Center's  Introduction  in
    part II of this issue.
    Seq.
     No
    3368
           Title
Seq.
No.
                     EPA
NPDES  Permit  Requirements for
 Municipal Sanitary and Combined
 Sewer Collection Systems, Munic-
 ipal Satellite Collection Systems,
 Sanitary Sewer Overflows,  and
 Peak Excess Flow Treatment Fa-
 cilities
                                        3405
                                        3406
                                        3408
Title
      National Primary Drinking Water
       Regulations: Long Term 2 En-
       hanced Surface Water Treatment
       Rule
      National Primary Drinking Water
       Regulations: Stage 2 Disinfection
       Byproducts Rule
      National Primary Drinking Water
       Regulations: Ground Water Rule
Seq.
No.
3411
Title
National Primary Drinking Water
Regulations: Radon

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                  F.  SUBJECT INDEX TO THE ENVIRONMENTAL  PROTECTION AGENCY
                                                          Seq. No.
                                 A
     Acquisition regulations:
      See Government procurement
     Additives:
      See Fuel additives
     Administrative practice and procedure:
      See also Freedom of information
              Privacy
      EPA	3026, 3263
     Agriculture:
      See also Foods
              Pesticides and pests
      Effluent guidelines for aquaculture industry	3382
      Use of nonroad diesel engines for crop irrigation	3174
      Worker protection standards	3249, 3260
     Air pollution control:
      See also Motor vehicle pollution
      Accidental release prevention	3034, 3177, 3178
      Acid Rain Program	3212
      Air quality modeling	3039, 3090
      Air quality resources:
        Class I area designations	3186
      Air quality standards	3074, 3179, 3181
      Alternative method approvals	3079, 3160
      Ambient air quality monitoring	3044, 3075, 3234
      Asphalt roofing and processing	3114
      Best available retrofit technology	3076
      Boilers	3097
      Carbon monoxide	3179
      Chemicals	3095, 3109, 3302
      Chromium emissions	3115, 3182, 3204
      Clean Air Act	3038,  3049, 3058, 3101, 3155, 3156
      Clean unit designation	3215
      Combustion turbines	3108
      Continuous parameter monitoring systems	3080
      Delisting hazardous  pollutants	3049, 3056, 3205
      Electric arc furnace	3106
      Electric utility steam generating unit MACT
          regulation	3050
      Emergency episode requirements	3214
      Emission control diagnostic systems	3078, 3158
      Emissions monitoring program	3045, 3080, 3107, 3210
      Emissions standards:
        Aircraft engines	3081
        Coke ovens	3042, 3052, 3124
        Compliance certification requirements	3152, 3161, 3239
        Highway motorcycles	3150
        Hydrogen fluoride production	3042
        Municipal landfills	3223
        Navajo generating station	3084, 3085
        New marine engines	3042, 3233
        New motor vehicles	3061, 3167, 3170, 3241
        Nonroad diesel engines and fuel	3060, 3174
        Nonroad spark-ignition engines	3219
        Performance criteria	3047
        Permit requirements	3042
        Potential to emit	3184
        Radionuclides	3086, 3224
        Semiconductor facilities	3042, 3098
        Spark ignition marine vessels	3150
        VOC standards	3059, 3175
      Emissions trades	3072
      Fabric printing, coating and dyeing industry	3118
      Fuels and fuel additives	3031, 3036, 3077, 3163, 3169, 3172,
                                                      3240, 3242
      Gas turbines	3056, 3091
      Gasoline anti-dumping program	3082, 3149, 3166, 3171
                                                     Seq. No.

Air pollution control—Continued
  Halons	3154
  Hazardous air pollutants	3035, 3040, 3049, 3091, 3094, 3095,
            3096, 3097, 3109, 3109, 3110, 3111, 3112, 3113, 3114,
                  3115, 3116, 3122, 3123, 3183, 3222, 3223, 3293
  Hazardous waste combustion facilities	3327
  HCFC allowance distribution system	3220
  Indian reservations in Idaho, Oregon,  and
      Washington	3157
  Inspection/maintenance programs	3032, 3071, 3073
  Internal combustion engines	3096
  Iron and steel industry	3092, 3093
  Lime manufacturing industry	3116
  MACT standards	3050, 3098, 3122, 3123, 3223
  Metal parts and products coating industry	3117
  Methyl bromide	3153, 3238
  Mobile sources	3162, 3211
  Motor Vehicle and Engine Compliance Fee Program	3088
  Municipal landfills	3223
  Municipal waste combustion units	3221
  NESHAP:
    Aerospace manufacturing and rework facilities	3190
    Aluminum production industry	3140
    Asphalt/coal tar application	3127
    Benzene waste operations	3134
    Brick manufacturing	3135
    Ceramics	3128
    Chlorine production	3136
    Chromium electroplating	3125
    Chromium emissions	3182
    Clay products manufacturing	3135
    Control technology determinations for major sources	3139
    Delegations' provisions	3132
    Elastomers	3183, 3206
    Engine Test Facilities	3129
    Ethylene oxide for sterilization facilities	3191
    Ethylene processes	3141
    Fabric printing, coating and dyeing  industry	3118
    Friction products manufacturing industry	3225
    Fumed silica production	3126
    Gasoline distribution facilities	3133, 3192
    General provisions	3055, 3139
    Halogenated solvent cleaning	3200
    Hazardous Organic NESHAP	3137, 3207
    Hazardous waste combustors	3352
    Hydrochloric acid production	3089
    Industrial process cooling towers	3194
    Lead smelting	3197
    Magnetic tape manufacturing	3201
    Marine tank vessel loading operations	3195
    Metal furniture surface coating	3111
    Metal parts and products coating industry	3112, 3117
    Metal pipes	3127
    Miscellaneous coating manufacturing	3099
    Natural gas production	3189
    Non-metallic minerals processing	3121
    Off-site waste and recovery operations residual risk
        standard	3176
    Oil production	3189
    Organic liquids	3123
    Paper and other web coating	3222
    Perchloroethylene dry cleaning facilities	3030, 3196
    Pesticide active ingredient production	3226
    Petroleum refineries	3138, 3203
    Plastic parts  and products	3113
    Pollution prevention alternative compliance	3055
    Polymers and resins	3193, 3206, 3208
    Polyurethane foam production	3131
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                         Federal Register/Vol.  68, No.  96/Monday,  May 19,  2003/Subject Index
                                                           Seq. No.

     Air pollution control—Continued
       NESHAP—Continued
        Portland cement manufacturing industry	3051, 3227
        Predictive emission monitoring	3046
        Primary aluminum reduction plants	3054
        Printing and publishing industry	3048, 3202
        Publicly owned treatment works	3228
        Pulp and paper production	3217
        Revision of area source category list	3230
        Rubber tire manufacturing	3142
        Shipbuilding and ship repair surface coating	3198
        Site remediation	3122
        Solvent extraction for vegetable oil production	3053
        Source categories	3055, 3139
        Synthetic organic chemicals	3207
        Taconite iron ore processing	3130
        Thermoplastics	3183, 3208
       New source performance standards	3106, 3185
       New source review	3146, 3215, 3232
       New stationary sources	3042
       Nitrogen oxides	3057, 3212, 3360
       Non-metallic minerals processing	3121
       Opacity  measurement of emissions	3045, 3100
       Operating permits	3063, 3064, 3164, 3213, 3239
       Ozone and ozone precursors:
        1-hour standard	3173
        National ambient air quality standards	3043
        Protection of stratospheric ozone	3065, 3066, 3067, 3068,
                 3153, 3154, 3154, 3155, 3156, 3187, 3220, 3235, 3236,
                                                        3237, 3238
        Transport	3057, 3087, 3102, 3144, 3188, 3209
       Paint stripper users	3040
       Particulate matter	3107, 3180
       PCB manufacturing	3290
       Performance-based measurement system for fuels	3083
       Plastic composites manufacturing	3094
       Plywood and particle board manufacturing	3110
       Polymer exemption rule	3270
       Prevention of significant deterioration	3215
       Process heaters	3097
       Project XL	3022, 3143, 3175, 3217, 3328
       Regional haze rule	3147
       Risk management plans:
        List of substances	3178
        Public access to information	3177
       Solid waste incinerators	3145, 3185
       Source category list	3035, 3229
       State implementation plans	3043, 3232
       Sulfur oxides	3069, 3147, 3181
       Synthetic organic chemicals manufacturing	3103
       Transportation conformity	3058
       Volatile  organic compounds	3033, 3041, 3059, 3103, 3105,
                                                  3119, 3120, 3159
       Voluntary superior monitoring	3216
       Weyerhaeuser sulfite mill	3231
       Wood furniture industry	3120, 3199
     Aircraft:
       Exhaust  emissions standard for engines	3081
     Airplanes:
       See Aircraft
     Airports:
       Municipal solid waste landfill location restrictions	3334
     Airworthiness directives and standards:
       See Aircraft
     Alaska Natives:
       See Indians
     American  Indians:
       See Indians
     Animals:
       Transgenic	3298
     Antidumping:
       Baseline recalculation for  downstream oxygenate
           addition	3171
     Appeal procedures:
       See Administrative practice and procedure
                                                       Seq. No.
Armed forces:
  See also Federal buildings and facilities
  Discharge standards for vessels	
Asbestos:
  Model accreditation plan	
Authority delegations:
  EPA	
Automatic data processing:
  See Computer technology
Automobiles:
  See Motor vehicles
....3391

....3288

....3014
                              B
Balloons:
  See Aircraft
Bankruptcy:
  RCRA financial responsibility..
 ,.3348
  See Cargo vessels
Beef:
  See Meat and meat products
Buildings:
  See also Federal buildings and facilities
  Asbestos	3288
Business and industry:
  See also Bankruptcy
          Confidential business information
          Labeling
  Aerospace manufacturing and rework facilities:
    Air pollution control	3190
  Asphalt roofing and processing industry:
    Air pollution control	3114
  Brick and structural clay products manufacturing:
    Air pollution control	3135
  Cement manufacturing industry	3051, 3227
  Chemicals:
    Air pollution control	3095, 3103, 3109
    Control of PMNs	3280
    Hazardous wastes listing	3319
    Manufacture	3273, 3279, 3284, 3285, 3300
    Pollution standards	3290
    Sustainable futures program	3302
  Effluent guidelines	3371, 3382
  EPA operating permits	3063, 3064, 3164, 3239
  Lime manufacturing industry:
    Air pollution control	3116
  Metal parts and products  coating industry:
    Air pollution control	3111, 3112
  Miscellaneous coating manufacturing	3099
  Motor vehicle manufacturing:
    Air pollution control	3119, 3158
  Paper, film and foil coating industry:
    Air pollution control	3222
  Perchloroethylene dry cleaning facilities:
    Air pollution control	3030, 3196
  Pharmaceuticals:
    Effluent guidelines	3364
  Plastic parts industry:
    Air pollution control	3113
  Plywood and particle board manufacturing:
    Air pollution control	3110
  Polyurethane foam production:
    Air pollution control	3131
  Printing and publishing	3048, 3202
  Pulp, paper and paperboard:
    Effluent limitations	3381
    Emissions reduction	3217
    Project XL	3029, 3143
  Rubber tire manufacturing	3142
  Vegetable oil production:
    Air pollution control	3053
  Wood furniture industry:
    Air pollution control	3120, 3199
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                          Federal  Register/Vol. 68,  No.  96/Monday, May 19,  2003/Subject  Index
                                                            Seq. No.
     Cancer:
       Carcinogen risk assessment	3025
     Cargo vessels:
       Tank vessels:
         Oil pollution prevention	3398
     Charter buses:
       See Motor vehicles
     Chemicals:
       See also Drugs
               Hazardous substances
               Pesticides and pests
       Air pollution control	3103
       Assessment information rule	3284
       Chemical inventory reporting	3311
       Drinking water regulations	3407, 3412, 3416, 3418, 3420
       Endocrine Disrupter Screening and Testing Program....3246, 3253
       Flame retardant substances	3274
       Health and  safety reporting rule	3285
       High-production-volume (HPV) chemicals	3282
       New use rules  for PMNs	3280
       OSHA dermal testing	3283
       Ozone depleting:
         Essential  use allowances	3237
         Halons	3154
         Methyl bromide	3065, 3153, 3238
         Reconsideration of petition criteria	3236
         Refrigerant recycling	3155, 3156
         Sales restrictions	3068
         Substitutes	3066, 3187, 3235
       Perfluoroalkyl sulfonyls	3301
       Polychlorinated biphenyls	3290, 3291, 3324
       Polymers and resins	3183, 3270
       Right-to-Know  initiative	3297, 3303, 3305
       Screening Information Data Set (SIDS)	3282
       Sustainable futures program	3302
       Test rules	3281, 3292, 3296, 3299
       Toxic substances	3273, 3279
       Toxic Substances Control Act	3268, 3287, 3298
       Toxicity profiles	3271
       Toxicity testing, developmental and reproductive	3272
       Toxics Release  Inventory:
         Additions, deletions,  and modifications	3309
         Chemical expansion	3313
         Coal	3306
         Dioxin and dioxin-like compounds	3308
         Metal mining	3307
         Pollution  Prevention Act information requirements	3315
         Reporting requirements	3307, 3310
         Review of chemicals on original list	3314
       Use inventory rule	3300
     Children:
       See Infants  and children
     Civil service system:
       See Government employees
     Clean Air Act:
       See Air pollution control
     Clean Water Act:
       See Water pollution control
     Coal:
       Combustion wastes	3343, 3344
       Toxics Release  Inventory	3306
     Coal mines:
       See Mine safety and health
     Coastal zone:
       Waste deposit prevention	3422
       Wetlands:
         Wetland Program Development Grants	3380
     Colleges and universities:
       Hazardous laboratory waste management	3342
     Community colleges:
       See Colleges and universities
     Computer technology:
       Reuse, recycling, and recovery of electronic
           equipment	3339
                                                       Seq. No.
Conduct standards:
  See Conflict of interests
Confidential business information:
  EPA regulations	
Conflict of interests:
  EPA	
Conservation:
  See Natural resources
Construction industry:
  Effluent guidelines	
  Storm water regulations	
Consumer protection:
  See also Labeling
  Lead-based paint	
Contracts:
  See Government contracts
Corporations:
  See Business and industry
Critical habitat:
  See Endangered and threatened species
Crude oil:
  See Petroleum
Dangerous cargo:
  See Hazardous materials transportation
Data processing:
  See Computer technology
Debarment and suspension:
  EPA	
Defense acquisition regulations:
  See Government procurement
Defense contracts:
  See Government contracts
      Government procurement
Drinking water:
  See Water supply
Drugs:
  Pharmaceutical manufacturing effluent guidelines.
..3024

..3011
..3372
..3403
..3278
..3015
,.3364
Ecology:
  See Environmental protection
Education:
  See also Colleges and universities
          Schools
  Nondiscrimination in federally assisted programs	3023
Electric utilities:
  Steam generating unit MACT regulation	3050
Electronic data processing:
  See Computer technology
Endangered and threatened species:
  Pesticide regulation	3254
Energy:
  See a/so Coal
          Fuel economy
          Petroleum
  Alternative fuels	3148
Environmental protection:
  See also Air pollution control
          Natural resources
          Pesticides and pests
          Waste treatment and disposal
          Water pollution control
  CERCLA amendment	3354
    Conducting all appropriate inquiry	3355, 3357
  Chemicals	3282, 3292, 3296, 3300
  Class deviations incorporation into EPAAR	3006
  Coal combustion wastes	3343, 3344
  Coastal waste deposit prevention	3422
  Confidential business information	3024
  Consumer confidence report rule	3421
  Cooling water intake structures impact	3376, 3377, 3392
  Cooperative agreements and Superfund state contracts	3356
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                         Federal Register/Vol.  68, No. 96/Monday, May  19, 2003/Subject  Index
                                                           Seq. No.

     Environmental protection—Continued
       Cross-media electronic reporting and recordkeeping
           rule	3016
       Designation of hazardous substances under CERCLA	3359
       Developmental and reproductive toxicity testing	3272
       Drinking water regulations	3407, 3414, 3415, 3416, 3418, 3419,
                                                             3420
       Effluent guidelines	3363, 3364, 3373, 3374, 3381, 3382, 3397
       Emergency planning	3303, 3305
       EPA acquisition regulations	3012, 3015, 3026, 3028
       Fellowship grant regulation	3017
       Freedom of information	3027
       Innocent landowner defense	3355
       National Environmental Achievement Track Program	3020
       National Environmental Policy Act	3007
       New Jersey Gold Track program	3218
       On-site treatment of low-level mixed wastes	3341
       Overburden definition	3316
       Persistent, bioaccumulative, and toxic pollutants	3013
       Pesticides	3008, 3248, 3250, 3252, 3254, 3256
       Plant incorporated protectants	3258, 3264, 3265
       Privacy Act regulations	3009
       Public Involvement Policy	3021
       Public notification rule	3421
       RCRA Burden Reduction Initiative	3345
       Regulation of gasification devices processing hazardous
           waste at petroleum refineries	3338
       Research scientist appointment authority	3014
       Significant new use rules:
         Flame retardant chemical substances	3274
       Solid waste	3332
       Storm water regulations	3403
       Total Maximum Daily Load program	3370, 3404
       Toxic Substances Control Act	3268, 3287, 3298
       Toxics Release Inventory:
         Additions, deletions, and modifications	3309
         Chemical expansion	3313
         Coal	3306
         Dioxin and dioxin-like compounds	3308
         Metal mining	3307
         Pollution Prevention Act information requirements	3315
         Reporting requirements	3307, 3310
         Review of chemicals on original list	3314
       Trade secrecy claims	3303
     Eskimos:
       See Indians
     Estuaries:
       See Coastal zone
     Ethical conduct:
       See Conflict of interests
     Ex parte communications:
       See Administrative practice and procedure
     Exports:
       Chemicals	3299
       Class I substances to Article 5 countries	3067
       Lead-acid batteries	3325
     FAR (Federal Acquisition Regulation):
       See Government procurement
     Fanners:
       See Agriculture
     Federal acquisition regulations:
       See Government procurement
     Federal buildings and facilities:
       Inspection/maintenance programs	3073
     Federal employees:
       See Government employees
     Federal-State relations:
       See Intergovernmental relations
     Fellowships:
       See Scholarships and fellowships
     Foods:
       See also Meat and meat products
                                                      Seq. No.

Foods—Continued
  Pesticide residues	3262
  Vegetable oil production:
    Air pollution control	3053
Foreign relations:
  See also Treaties
  Organization for Economic Cooperation and Development
      (OECD)	3282, 3347
Freedom of information:
  See also Confidential business information
  Chemical inventory reporting	3311
  EPA	3027
Fuel:
  See Energy
Fuel:
  Air pollution control	3031, 3083, 3162, 3163, 3172, 3241, 3242
  California gasoline	3168
  Emission standards for nonroad diesel fuel	3060
  Gasoline distribution facility emission standards	3192
  Low-sulfur highway diesel fuel	3077
  Reformulated gasoline	3163
Fuel additives:
  Gasoline deposit control additives	3036, 3169, 3240
  Methyl tertiary butyl ether (MTBE)	3062, 3413
  Oxygenated	3171, 3295
Gas exploration:
  See Oil and gas exploration
Government buildings:
  See Federal buildings and facilities
Government contracts:
  See also Government procurement
  Acquisition regulations:
    EPA	3012, 3015, 3028
  Debarment and suspension	3015
Government employees:
  See also Conflict of interests
  Contract employees:
    Background investigations	3018
Government procurement:
  See also Government contracts
  Acquisition regulations:
    EPA	3011, 3026
  Level of effort	3010
  Recycled products	3317
  Small, minority, and women's business utilization	3005
Grant programs-environmental protection:
  Clean Water State Revolving Fund program	3396
  Cooperative agreements and Superfund state contracts	3356
  EPA fellowships	3017
  Water quality cooperative agreements	3380
Grant programs-natural resources:
  Wetland Program Development Grants	3380
Hazardous materials transportation:
  Hazardous waste manifest rule	3336
  Wastewater treatment exemptions	3321
Hazardous substances:
  See also Hazardous waste
          Hazardous materials transportation
  Air pollutants	3040, 3049, 3052, 3086, 3087, 3091, 3092, 3093,
            3094, 3095, 3096, 3097, 3099, 3110, 3111, 3112, 3113,
            3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122,
            3123, 3135, 3162, 3182, 3183, 3185, 3194, 3196, 3197,
             3198, 3199, 3201, 3202, 3203, 3222, 3223, 3233, 3293
    Delisting	3056, 3205
  Aluminum:
    Spent potliners from primary reduction	3349
  Asbestos	3288
  Carcinogen risk assessment	3025
  CERCLA corrections	3354
  Chemicals:
    Chemical test rules	3281, 3293, 3299
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                         Federal Register/Vol.  68, No. 96/Monday,  May  19, 2003/Subject Index
                                                           Seq. No.

     Hazardous substances—Continued
       Chemicals—Continued
         Import of toxic chemicals	3271
       Chromium	3115, 3204
       Consumer confidence report rule	3421
       Designation under CERCLA	3359
       Developmental and reproductive toxicity testing	3272
       Drinking water regulations	3367, 3400, 3407, 3416,  3418, 3419,
                                                             3420
       Ethylene oxide	3141, 3191
       Extremely hazardous substance list	3304, 3305, 3312
       Halogenated solvents	3200
       Isocyanates	3101, 3312
       Lead	3197, 3268, 3269, 3275, 3278, 3289, 3332
       Mercury analysis	3365, 3401
       Metals	3294
       Metals from electroplating operations	3322
       Method 24 amendment	3037
       Methyl tertiary butyl ether (MTBE)	3062, 3413
       Ozone depleting substances....3065, 3153, 3154, 3235, 3236, 3237
       Perchloroethylene	3030, 3196
       Perfluoroalkyl sulfonyls	3301
       Pesticides	3259, 3261
         Active ingredient production	3226
         Data requirements for registering biochemical or
            microbial products	3252
         Emergency exemption regulations	3248
         Endangered species regulation	3254
         Produced by transgenic plants	3259, 3267
         Rules of practice	3008
         Worker protection, standards	3249, 3260
       Pollution contingency plan	3362
       Public notification rule	3421
       Radon	3411
       Regulation of gasification devices processing hazardous
           waste at petroleum refineries	3338
       Reporting and recordkeeping requirements	3286
       Semiconductors manufacture and assembly	3329
       Sulfur oxides	3069, 3147, 3181
       Surface coatings	3037
       Threshold planning quantity	3305
       Toxicological profiles:
         Metals	3294
       Toxics Release Inventory:
         Additions, deletions, and modifications	3309
         Chemical expansion	3313
         Coal	3306
         Dioxin and dioxin-like  compounds	3308
         Metal mining	3307
         Pollution Prevention Act information requirements	3315
         Reporting requirements	3307, 3310
         Review of chemicals on original list	3314
       Water pollution control	3365, 3367, 3385, 3402
     Hazardous waste:
       Benzene	3134
       Carbamates	3353
       Cathode ray tubes	3340
       Cement kiln dust	3331
       Disposal facilities:
         Combustion facilities	3327
         Radioactive waste	3243
       Groundwater contamination	3122
       Land disposal:
         Restrictions	3326, 3350, 3351
         Spent potliners from primary aluminum reduction	3349
       Lead	3277, 3332
       Lead-acid batteries	3325
       Manifest regulations	3336
       Mercury	3350
       Permit program	3330
       Polychlorinated biphenyls	3291, 3324
       Radioactive waste:
         Dose methodology	3244
       Radioactively contaminated cadmium-, mercury-, and
           silver-containing batteries	3351
                                                      Seq. No.

Hazardous waste—Continued
  Recycled used oil	3324
  Recycling	3340
  Solid waste	3318, 3323, 3332
  Solvents	3320
  Toxic waste site	3271
  Toxicity characteristic rule	3346
  Transboundary shipment within Organization for Economic
      Cooperation and Development member countries	3347
  Triarylmethane dye and pigments	3319
  Uncontrolled sites on the NPL	3358
  University laboratory waste management	3342
Hearing and appeal procedures:
  See Administrative practice and procedure
Helicopters:
  See Aircraft
Heliports:
  See Airports
Herbicides:
  See Pesticides and pests
Higher education:
  See Colleges and universities
Housing:
  Lead-based paint	3268, 3275, 3277
Housing assistance payments:
  See Housing
Human research subjects:
  Protection of	3247

                              I
Imports:
  See also Antidumping
  Chemicals:
    Blanket certifications	3273, 3284, 3285
  Control of PMN chemicals	3280
  Motor vehicles	3151
Indians:
  See also Indians-lands
  Navajo generating station	3084, 3085
Indians-lands:
  Air pollution control implementation	3157, 3186
  EPA new source reviews	3042
  Water quality standards	3384
Industrial safety:
  See Occupational safety and health
Industry:
  See Business and industry
Infants and children:
  Lead poisoning	3278
Information:
  See Confidential business information
      Freedom of information
      Privacy
      Reporting and recordkeeping requirements
Insecticides:
  See Pesticides and pests
Intergovernmental relations:
  Air pollution control implementation	3063, 3232
  EPA	3045, 3336, 3385, 3394
International agreements:
  See Treaties
Labeling:
  Pesticides	3259
Land:
  See Indians-lands
Lead poisoning:
  Paint	3268, 3269, 3275, 3277, 3278, 3289
  Reducing lead consumption and use	3276
                              M
Marine engineering:
  See Vessels
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                          Federal  Register/Vol. 68, No. 96/Monday,  May  19, 2003/Subject Index
                                                            Seq. No.
     Marine pollution:
       See Water pollution control
     Meat and meat products:
       Effluent guidelines and standards for the Meat Products
           Point Source Category	3373
     Medical devices:
       Treated with antimicrobial pesticides	3256
     Metals:
       EPA trace metal analysis	3385
       Toxics Release Inventory reporting requirements	3307
     Military installations:
       See Federal buildings and facilities
     Mine safety and health:
       Toxics Release Inventory reporting requirements for metal
           mining	3307
     Mineral resources:
       See also Coal
               Metals
       Overburden definition	3316
     Miners:
       See Mine safety and health
     Mobile offshore drilling units:
       See Vessels
     Motor vehicle pollution:
       Control regulations	3170, 3211, 3241
       Emission control diagnostic systems	3078
       Emission standards:
         Highway motorcycles	3150
         New motor vehicles	3061, 3167
       Gasoline:
         Additives	3036, 3169, 3240
         Anti-dumping program	3082, 3149, 3166, 3171
         Reformulated	3163
         Standards	3031, 3172
       Heavy-duty diesel engines and vehicles:
         Regulation amendments	3242
       Imported vehicles emissions standards	3151
       Inspection/maintenance programs	3032, 3070
       Low emission vehicles program	3148
       Low-sulfur highway diesel fuel	3077
       Motor vehicle and engine compliance fee program	3088
       Nonroad diesel engines used for crop  irrigation	3174
     Motor vehicles:
       See also Fuel economy
       Alternatively fueled vehicles	3148
       Imports	3151
       Light trucks	3210
     Motorcycles:
       See Motor vehicles

                                   N
     National defense contracts:
       See Government contracts
           Government procurement
     Native Americans:
       See Indians
     Natural resources:
       See also Coastal zone
               Energy
               Environmental protection
               Mineral resources
               Water resources
       Wetlands:
         Wetland Program Development Grants	
     Nuclear safety:
       See Radiation protection
     Occupational safety and health:
       See also Mine safety and health
       Chemicals:
         Dermal absorption rate testing .
       Pesticide worker protection	
     Ocean dumping:
       See Water pollution control
      .3380
	3283
,.3249, 3260
                                                                      Seq. No.

               Oil and gas exploration:
                 Storm water regulations	3403
               Oil pollution:
                 National Contingency Plan	3362
                 Prevention regulations	3398
Paint:
  See Lead poisoning
Paperwork requirements:
  See Reporting and recordkeeping requirements
Parachutes:
  See Aircraft
Passenger vessels:
  Effluent standards for cruise ships operating in Alaskan
      waters	3397
Pesticides and pests:
  Active ingredient production	3226
  Antimicrobial pesticides	3251, 3261
  Biochemical or microbial products	3252
  Canceled or suspended pesticides	3263
  Data requirements	3250, 3252
  Disposal and storage guidelines	3259, 3263
  Emergency exemption regulations	3248
  Endangered species regulation	3254
  Endocrine Disrupter Screening and Testing Program....3246, 3253
  Groundwater protection	3266
  Medical devices treated with antimicrobial pesticides	3256
  Pesticide tolerance reassessment program	3262
  Plant incorporated protectants	3258, 3264, 3265
  Protection of human research subjects	3247
  Registration review program	3255
  Rules of practice	3008
  Storage and disposal	3259, 3263
  Tolerance fees	3257
  Transgenic plants	3267
  Worker protection standards	3249, 3260
Petroleum:
  See also Fuel additives
          Oil and gas exploration
          Oil pollution
  Recycled used oil management	3324
  Refineries:
    Emission standards	3203
  Regulation of gasification devices processing hazardous
      waste at petroleum refineries	3338
  Toxicity characteristic rule	3346
Plants:
  Plant incorporated protectants	3258, 3264, 3265
  Transgenic	3298
Plastics materials and synthetics:
  Air pollution control regulations	3094
Pollution:
  See Environmental protection
Power resources:
  See Energy
Practice and procedure:
  See Administrative practice and procedure
Privacy:
  See also Confidential business information
  Privacy Act:
    EPA regulations	3009
Procurement:
  See Government procurement
Prosthetic devices:
  See Medical devices
Public buildings:
  See Federal buildings and facilities
Public health:
  See also Waste treatment and disposal
  Air pollution effects	3293
  Carcinogen risk assessment	3025
  Water contamination	3408
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                          Federal Register/Vol.  68,  No.  96/Monday, May 19,  2003/Subject  Index
                                                            Seq. No.
                                                                       Seq. No.
     Public utilities:
       See Electric utilities
           Water supply
     Radiation protection:
       Dose methodology	3244
     Radioactive waste:
       See Hazardous waste
     Record retention:
       See Reporting and recordkeeping requirements
     Records:
       See Freedom of information
           Privacy
           Reporting and recordkeeping requirements
     Recycling:
       Cathode ray tubes	3340
       Electronic equipment	3339
       Government purchase of recovered materials	3317
       RCRA burden reduction initiative	3345
       Refrigerant	3155, 3156
     Reporting and recordkeeping requirements:
       Carbamates	3353
       Chemical inventory reporting	3300, 3311
       EPA	3006
         Cross-media electronic reporting and recordkeeping
             rule	3016
         Electronic reporting	3022
       Hazardous materials	3286
       Information collection requests	3337
       RCRA	3337, 3345
       Toxic chemical test rules	3299
       Toxics Release Inventory	3307, 3310
     Research:
       See also Human research subjects
       Protection of human subjects	3247
       Research scientist appointment authority	3014
     Rockets:
       See Aircraft
     Rodenticides:
       See Pesticides and pests
     Rotorcraft:
       See Aircraft
     Sanitation:
       See Public health
           Waste treatment and disposal
     Scholarships and fellowships:
       EPA	
     Schools:
       See also Colleges and universities
       Asbestos model accreditation plan	
     Seaplanes:
       See Aircraft
     Sewage disposal:
       Sewer collection systems	
       Sludge use and disposal	
     Sex discrimination:
       Federally assisted programs	
     Ships:
       See Vessels
     Solid waste disposal:
       See Waste treatment and disposal
     State-Federal relations:
       See Intergovernmental relations
     Superfund:
       Cooperative agreements and State contracts	
       Reportable quantity adjustments for carbamates.
     Synthetics:
       See Plastics materials and synthetics
      ,.3017
     ..3288
	3368
,.3361, 3379
     ..3023
     ..3356
     ,.3353
               Tank vessels:
                 See Cargo vessels
               Toxic substances:
                 See Hazardous substances
               Transportation:
                 See also Vessels
                 Air pollution control conformity..
                 Environmental review	
                 Interstate ozone transport	
               Treaties:
                 Montreal Protocol	
               Trucks:
                 See Motor vehicles
                                                         ..3058
                                                         ..3072
                                                         ,.3209

                                                         ..3238
                                              u
               Universities:
                 See Colleges and universities
Vessels:
  See also Cargo vessels
          Passenger vessels
  Discharge standards for Armed Forces vessels	3391
  Emission standards:
    Marine tank vessel loading operations	3195
    Shipbuilding and ship repair surface  coating	3198
    Spark ignition marine vessels	3150

                              W
Waste treatment and disposal:
  See also Hazardous waste
          Recycling
          Sewage disposal
  Coal combustion waste	3343, 3344
  Effluent guidelines	3364, 3374, 3381, 3397
  Financial test criteria	3348
  Hazardous waste management	3352
  Land disposal:
    Restrictions	3326, 3349, 3351
  Metal machinery and equipment wastewater	3371
  Metals reclamation from electroplating operations	3322
  Municipal waste combustion units	3221
  On-site treatment of low-level mixed wastes	3341
  Project XL	3022, 3029, 3175, 3217, 3328, 3329, 3341, 3342
  Regulation of gasification devices processing hazardous
      waste at petroleum refineries	3338
  Shore Protection Act	3422
  Solid waste disposal:
    Bioreactor landfills	3328
    Guideline revisions	3318
    Landfill criteria	3104, 3318
    Landfill location restrictions	3334
    Landfills  and incinerators	3145, 3185
    Municipal landfills	3223, 3332
    Physical/chemical evaluation methods	3333
    Research, development, and demonstration permits	3335
    Solid waste definition	3323
  Underground storage tanks:
    Toxicity characteristic rule	3346
  Waste Isolation Pilot Plant:
    Compliance  criteria	3165, 3245
    Report to Congress	3019
  Wastewater treatment exemptions  for hazardous waste
      mixtures	3321
  Wastewater treatment sludges	3329
  Wet weather condition requirements	3369
Water pollution control:
  See also Oil pollution
          Waste treatment and disposal
  Clean Water Act	3378, 3385, 3395
    Clean Water State Revolving Fund program	3396
    Cooling water intake structures	3376, 3377, 3392
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                         Federal Register/Vol.  68, No. 96/Monday, May 19,  2003/Subject Index
                                                           Seq. No.

     Water pollution control—Continued
         Mercury analysis	3365, 3401
         Product schedule listing requirements	3362
         Test procedures	3367, 3385, 3386, 3387, 3388, 3390, 3395,
                                                             3400
       Detection and quantification procedures for regulated
           analytes	3366
       Effluent guidelines:
         Animal feeding operations	3399
         Aquaculture industry	3382
         Construction and development industry	3372
         Cruise ships operating in Alaskan waters	3397
         Industrial wastewater	3371
         Meat products point source category	3373
         Pharmaceutical manufacturing	3364
         Program plan	3363
         Whole effluent toxicity text methods	3402
       NPDES permits	3368, 3394
       Pretreatment regulations	3393
       Radon	3411
       Sewer collection systems	3368
       Sludge  management programs	3361, 3379
       Storm water regulations	3403
       Test procedures for the analysis of pollutants	3375, 3389
       Total Maximum Daily Load Program	3370, 3404
       Trace metals criteria	3385
       Vessels of the Armed Forces discharge standards	3391
       Water quality cooperative agreements	3380
       Water quality standards	3386, 3387, 3388
         Alabama	3383
         Criteria for acute aquatic life	3386, 3387, 3388
                                                      Seq. No.

Water pollution control—Continued
    Indian country waters	3384
Water resources:
  See also Water supply
  Cooling water intake structures environmental impact	3376,
                                                        3377
Water supply:
  Carcinogen risk assessment	3025
  Drinking water:
    Aldicarb and atrazine	3412
    Coliform and E. coli detection methods	3414
    Contaminants	3407, 3409, 3411, 3416, 3419, 3420
    Disinfectants	3406, 3408
    Endocrine Disrupter Screening and Testing Program	3246,
                                                        3253
    Long Term 2 Enhanced Surface Water Treatment
        Rule	3405
    Methods update	3400
    Methyl tertiary butyl ether (MTBE)	3062, 3413
    Oxygenated fuel additives	3295
    Six-year review of regulations	3410
    State underground injection control programs	3417
    Test procedures for pollutants	3367
    Total coliform rule	3415
    Unregulated contaminant monitoring	3418, 3419
  Groundwater protection	3266
Water transportation:
  See Vessels
Wetlands:
  See Coastal zone
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