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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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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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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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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
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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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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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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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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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30990
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
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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31071
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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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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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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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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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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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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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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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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31079
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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EPA—Resource Conservation and Recovery Act (RCRA)
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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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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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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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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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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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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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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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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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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EPA—Clean Water Act (CWA)
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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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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Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
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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31102
Federal Register/Vol. 68, No. 101/Tuesday, May 27, 2003/Unified Agenda
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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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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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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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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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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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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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
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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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—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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—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
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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
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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
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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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