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ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL-7659-4
Agenda of Regulatory and.
Deregulatory Actions
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 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 (1803A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202)564^6564; e-
mail: schwartz.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. What Are EPA's Goals in Developing
Regulations-and-Policies and What
Key Principles, Statutes, and
Executive Orders Drive Our Rule-and-
Policymaking Process?
B. How Can You Be Involved in EPA's
Rule and Policymaking Process?
C. What Actions Are Included in the
Agenda?
D. How Is the Agenda Organized?
E. What Information Is in Agenda
Entries?
F. How Can You Find Out More About
EPA Rulemakings?
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
H. Acknowledgment of Those Involved
in the Rulemaking Process
A. What are EPA's Goals in Developing
Regulations and Policies and What Key
Principles, Statutes, and Executive
Orders Drive Our Rule and
Policymaking Process?
Our primary objective is to protect
human health and the environment. To
achieve this objective and ensure that
our decisions are cost-effective and fully
protective, we conduct high quality
scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process, so that
Agency decision makers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
building flexibility into regulations from
the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. Research, testing and
adoption of new environmental
protection methods are also a central
tenet in environmental problem solving.
The integration of all these elements via
a well managed regulatory development
process and a strong commitment to
innovative solutions will ensure that we
all benefit from significant
environmental improvements that are
fair, efficient, and protective. Our
overall success is measured by our
effectiveness in protecting human
health and the environment.
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act.
We also must meet a number of
requirements contained in Executive
Orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4, 1993), 12898
(Environmental 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.
B. How Can You Be Involved in EPA's
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each Agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register. To be
most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or non-regulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. Democracy is not
a spectator sport. We urge you to
become involved in EPA's rule and
policymaking process.
C. 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
the New Source Performance
Standards source categories list;
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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.
D. How Is the Agenda Organized?
We have organized the Agenda:
First, into fourteen divisions based on
the law that would authorize a
particular action. These divisions are:
1. General, which includes cross-
cutting actions, such as rules
authorized by multiple statutes and
general acquisition rules
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
• Community Right-to-Know Act
(EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. The Shore Protection Act (SPA)
Second, by the current stage of
development. The stages are:
1. Prerulemaking - Prerulemaking
actions are generally intended to
determine whether EPA should
initiate rulemaking. Prerulemakings
may include anything that influences
or leads to rulemaking, such as
advance notices of proposed
rulemaking (ANPRMs), significant
studies or analyses of the possible
need for regulatory action,
announcement of reviews of existing
regulations required under section
610 of the Regulatory Flexibility Ac,
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 April 2005.
5. Completed Action - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the Fall 2003 Agenda. It also includes
actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future Agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
Third, by the Regulation Identifier
Number assigned when an action is
added to the Agenda.
E. What Information Is in Agenda
Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates
where the entry appears in the Agenda.
Title: Titles for new entries (those that
have not appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under
Executive Order 12866, a rulemaklng
action that may have an annual effect on
the economy of $ 100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is neither Significant, nor Routine
and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
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Informational/Adm inistrative/Other:
An action that is not a rulemaking that
is primarily informational or pertains to
agency matters not central to
accomplishing the Agency's regulatory
mandate, but that the Agency places in
the Agenda to inform the public of the
activity; or other action that is not
within the scope of E.O. 12866.
Also, if we believe that a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $ 100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.G.), 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.
TwnetaWe.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.
F. How Can You Find Out More About
EPA Rulemakings?
1. Public Dockets When EPA publishes
either an advance notice of proposed
rulemaking or a notice of proposed
rulemaking in the Federal Register,
the Agency may establish an official
docket to accumulate materials
throughout the development process
for that rulemaking. The official
docket serves as the repository for the
collection of documents or
information related to a particular
agency action or activity. EPA most
commonly uses dockets for
rulemaking actions, but dockets may
also be used for Regulatory Flexibility
Act section 610 reviews of rules with
significant impacts on a substantial
number of small entities and various
non-rulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the
Paperwork Reduction Act, and other
non-rule activities. In 2002, EPA
released its online electronic docket
and comment system, EDOCKET at
http://www.epa.gov/edocket.
2. EPA Websites Some of the actions
listed in the Agenda include a URL
that provides additional information.
3. Regulatory Agenda Databases and
Search Engines If you have access to
the Internet you can use databases
and their accompanying search
engines developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA Regulatory Agenda search engine
is located at www.epa.gov/regAgenda.
We thoroughly update this database
each spring and fall and we partially
update it several other times during
the year. RISC's searchable databases
are at
http://www.ciir.cs.umass.edu/ua/
4. Appendices to the Agenda There are
five appendices that provide:
a. A list of the existing rules that we are
reviewing under section 610 of the
Regulatory Flexibility Act
b. A list of actions that may have a
significant impact on a substantial
number of small businesses, small
governments, or small non-profit
organizations
c. A list of actions that may have some
impact on some small businesses,
small governments, or small non-
profit organizations but which may
either have less than a significant
impact or affect fewer than a
substantial number of them
d. A list of actions that may affect State,
local, or tribal governments
e. A list of actions that may have
federalism implications as defined in
Executive Order 13132
There is a sixth appendix included in
the Unified Regulatory Agenda, a
subject matter index. This appendix is
not included in EPA's Agenda reprints
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EPA
for reasons of costs and .because of the
availability of the search engines
described in #3, immediately above.
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:
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
http://www.epa.gov/fedrgstr/subscribe.
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. EPA's FY04 Regulatory Plan The
Regulatory Plan covers the core of our
priority actions that we expected to be
published by September 2004. We
have 30 actions in the Plan which was
published December 22, 2003. There
are entries for each of these actions in
the Spring 2004 Regulatory Agenda,
but we discuss them in greater detail
in the Plan. You can view the Plan at
http ://www.epa.gov.regagenda
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA, the Agency must
prepare a formal analysis of the
potential negative impacts on small
entities, convene a Small Business
Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity
Compliance Guide (final rule stage)
unless the Agency certifies a rule will
not have a significant economic impact
on a substantial number of small
entities. For more detailed information
about the Agency's policy and practice
with respect to implementing
RFA/SBREFA, please visit the
RFA/SBREFA website at
http://www.epa.gOv/sbrefa/.See
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). There are nine rules for
which we are conducting section 610
reviews this year. We undertake these
reviews to decide whether we should
continue the rule unchanged, amend it,
or withdraw it. We announce our
forthcoming section 610 reviews in the
"Prerule" section of the Agenda. We
encourage small entities to provide
comments on the need to change these
rules. We will consider all of your
comments as we decide whether to
continue, amend, or withdraw these
rules. We particularly encourage
comments by small entities about how
these rules could be made clearer, more
effective, or remove conflicting or
overlapping requirements with other
Federal or State regulations. The nine
reviews are:
Review RIN# and EDOCKET ID#
Rule Being Reviewed
2050-AG19; RCRA-2004-0004
2050-AG17 RCRA-2004-0003
2070-AD65;
2070-AD66;
2040-AD96;
2060-AM39;
2060-AM38;
2060-AM41;
2060-AM40;
OPPT-2003-0015
OPP-2003-0115
OW-2003-0016
OAR-2004-0054
OAR-2004-0053
OAR-2004-0055
OAR-2004-0056
Land Disposal Restrictions Phase III: Decharacterized Wastewaters, Carbamate Wastes, and Spent
Potliners
Land Disposal Restrictions Phase II: Universal Treatment Standards, and Treatment Standards for Or-
ganic Toxicity Characteristic Wastes and Newly Listed Wastes
Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities
Worker Protection Standards for Pesticides
Sewage Sludge Round 1
Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19 Kilowatts
Fuels and Fuel Additives Registration Regulations
NESHAP: Petroleum Refineries
NESHAP: Secondary Lead Smelting
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
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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 comments, 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,
GENERAL—Proposed Rule Stage
CBI, or other information whose
disclosure is restricted by statute. When
EPA identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA's electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket. Public comments
submitted on computer disks that are
mailed or delivered to the docket will be
transferred to EPA's electronic public
docket. Public comments that are
mailed or delivered to the docket will be
scanned and placed in EPA's electronic
public docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA's
electronic public docket along with a
brief description written by the docket
staff.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked "late." EPA is not required to
consider these late comments. For these
actions, please DO NOT submit CBI or
information that is otherwise protected
by statute.
H. Acknowledgment of Those Involved
in the Rulemaking Process
Finally, I would like to thank the
members of the public who have taken
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. Protecting human
health and the environment is one of
our nation's most important quests. We
thank you for joining us in this
endeavor.
Dated: May 17, 2004
Jessica L. Furey,
Associate Administrator, Office of'Policy,
Economics, and Innovation.
Sequence
Number
3040
3041
Title
SAN 3580 Incorporation of Class Deviations Into EPAAR
SAN 4292. Prooosed Revision to EPA's ImDlementina NEPA Peculations
Regulation
Identifier
Number
2030-AA37
2020-AA42
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38159
EPA
GENERAL—Proposed Rule Stage (Continued)
Sequence
Number
3042
3043
3044
3045
3046
3047
3048
3049
3050
3051
3052
Title
SAN 4693 Privacy Act Regulations (Revised) .
SAN 4191 Revision to EPAAR 1552211-73 Level of Effort ..
SAN 4319 Revisions to Acquisition Regulation Concerning Conflict of interest
SAN 4742 Continuation of Implementing the Empowerment Initiative
SAN 4814 On-Site and Off-Site Background Checks Performed by EPA and Contractors
SAN 4812 Contract Bundling Requirements . ..
SAN 4904. Security Requirements for Toxic Substances Control Act Confidential Business Information Access for
Contractors . .. .
SAN 4903 Award Term Contracting
SAN 4761 Waste Isolation Pilot Plant (WIPP) FY 2002 Report to Congress .
SAN 4463 Persistent Bioaccumulative and Toxic (PBT) Pollutants Strategy
SAN 4836. Project XL Site Specific Rulemaking for the NASA White Sands Test Facility in Las Cruces, New Mex-
ico (Phases III-VI)
Regulation
Identifier
Number
2025-AA13
2030-AA64
2030-AA67
2030-AA81
2030- AA85
2030-AA86
2030- AA88
2030-AA89
2060-AK79
2070-AD45
2090-AA35
GENERAL—Final Rule Stage
Sequence
Number
3053
3054
3055
3056
3057
3058
Title
SAN 4747 Implementation of Authority To Appoint Research Scientists Under 42 USC
SAN 4270. Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)
SAN 4733 Background Investigations for Contractors Performing Services Onsite
SAN 4813 Miscellaneous Revisions to EPAAR Clauses
SAN 4925. Technical Amendments to the Federal Policy for the Protection of Human Subjects
SAN 4536. Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in Las
Cruces, New Mexico (Phases I and II)
Regulation
Identifier
Number
2030-AA83
2025-AA07
2030-AA80
2030-AA84
2080-AA1 1
2090-AA27
GENERAL—Long-Term Actions
Sequence
Number
3059
3060
3061
Title
SAN 4056. Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN 3240. Public Information and Confidentiality Regulations
SAN 3671. Guidelines for Carcinogen Risk Assessment
Regulation
Identifier
Number
2020 AA39
2025-AA02
2080-AA06
GENERAL—Completed Actions
Sequence
Number
3062
3063
Title
SAN 4842. Report to Congress on Enforcement Data Concerning Small Entities
SAN 4473. Regulatory Incentives for the National Environmental Performance Track Program
Regulation
Identifier
Number
2020- AA45
2090-AA13
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
3064
3065
3066
Title
SAN 4699. Revisions to Clarify the Scope of Certain Monitoring Requirements for Federal and State Operating
Permits Programs
SAN 4759. Revision to Policy on Control of Volatile 'Organic Compounds (VOC)
SAN 4871. Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per
Cylinder
Regulation
Identifier
Number
2060 AK29
2060-AK75
2060-AM06
-------
38160
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Prerule Stage (Continued)
Sequence
Number
3067
3068
3069
3070
Title
SAN 4922 Fuels and Fuel Additives Registration Regulations (Section 610 Review)
SAN 4921. Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (Section 610
Review)
SAN 4924 NESHAP: Secondary Lead Smelting (Section 610 Review)
SAN 4923 NESHAP' Petroleum Refineries (Section 610 Review)
Regulation
Identifier
Number
2060 AM38
2060-AM39
2060-AM40
2060-AM41
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3071
3072
3073
3074
3075
3076
3077
3078
3079
3080
3081
3082
.3083
3084
3085
3086
3087
3088
3089
3090
3091
3092
3093
3094
3095
3096
3097
3098
3099
3100
3101
3102
3103
3104
3105
3106
3107
3108
SAN 4266. Review National Ambient Air Quality Standards for Carbon Monoxide
SAN 4255. Review of the National Ambient Air Quality Standards for Particulate Matter
SAN 3649. Amendments to Method 24 (Water-Based Coatings)
SAN 4070. General Conformity Regulations; Revisions
SAN 3939. NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments
SAN 3751. NSPS and Emission Guidelines for Other Solid Waste Incinerators
SAN 3975. Review of New Sources and Modifications in Indian Country
SAN 4752. Clean Air Fine Particle Implementation Rule
SAN 3380. NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60
SAN 4119. Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Monitoring
Systems in Stationary Sources
SAN 4478. Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amendment ...
SAN 4310. NESHAP: Printing and Publishing Industry; Amendments
SAN 4585. Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand
SAN 4620. National Emission Standards for Coke Oven Batteries - Residual Risk Standards
SAN 4655. NESHAP: Gasoline Distribution (Stage I) Residual Risk Standards
SAN 4660. NESHAP: Industrial Process Cooling Towers Residual Risk Standards
SAN 4662. NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards
SAN 4667. NESHAP: Wood Furniture Manufacturing Operations — Residual Risk Standards
SAN 4782. Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate
SAN 4309. National VOC Emission Standards for Consumer Products; Proposed Amendments
SAN 4748. Control of Hazardous Air Pollutants From Mobile Sources
SAN 4535. Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide
SAN 4599. Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: NTPropyl
Bromide
SAN 4697. Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Article 5
Countries
SAN 4542. Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
SAN 3262. Inspection/Maintenance Recall Requirements
SAN 4421. Ambient Air Quality Monitoring Regulations: Revisions
SAN 4570. Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel Fuel
Transition Program for Alaska
SAN 4547. Modification of Authority to Grant Alternative Method Approvals
SAN 4584. Performance Specifications for Continuous Parameter Monitoring Systems
SAN 4632. Modification of Anti-dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alaska
and the U.S. Territories
SAN 4633. Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures
SAN 4634. Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Reformu-
lated Gasoline to California Phase 3 Gasoline
SAN 4811. 20 Transportation Conformity Rule Amendments for New 8-Hour Ozone and PM2.5 National Ambient
Air Quality Standards
SAN 4793. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking
SAN 4794. Clean Air Interstate Rule; Formerly Titled Interstate Air Quality Rule
SAN 4095.1. Section 126 Rule: Lifting the 8-Hour Stay
SAN 4796. Section 126 Rule: Withdrawal of Findings for Sources in Michigan
2060-AI43
2060-AI44
2060-AF72
2060-AH93
2060-AH47
2060-AG31
2060-AH37
2060-AK74
2060-AE94
2060-AH84
2060-AJ41
2060-AI66
2060-AJ78
2060-AJ96
2060-AK10
2060-AK16
2060-AK18
2060-AK21
2060-AK84
2060-AI62
2060-AK70
2060-AJ63
2060-AK26
2060-AK45
2008-AAOO
2060-AE22
2060-AJ25
2060-AJ72
2060-AJ83
2060-AJ86
2060-AK02
2060-AK03
2060-AK04
2060-AL73
2060-AL75
2060-AL76
2060-AL79
2060-AL83
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38161
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3109 SAN 4797. Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport (NOx SIP Call) 2060-AL84
3110 SAN 4802. Amendments to Leather Finishing NESHAP 2060-AL89
3111 SAN 4804. Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and Ex-
port; Correction 2060-AL90
3112 SAN 4808. Amendments to the NESHAP for Cellulose Products Manufacturing 2060-AL91
3113 SAN 4809. Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Requirements for
Heavy-Duty Engines and Vehicles Above 14,000 Pounds and In-Use, Not-To-Exceed Emission Standard Test 2060-AL92
3114 SAN 4820. Protection of Stratospheric Ozone: Quantity Allocation of Methyl Bromide for Critical Use Exemptions
After the Phaseout 2060-AL95
3115 SAN 4829. 5-Year Review of MACT Standards for Large MWC 2060-AL97
3116 SAN 4830. Alternative Work Practice for Leak Detection and Repair 2060-AL98
3117 SAN 4846. NESHAP: Municipal Solid Waste Landfills—Amendments 2060-AM08
3118 SAN 4844. Addition of CO Emission Limit for Large MWC Using Fluid Bed Combustion Technology (Section 129) 2060-AM11
3119 SAN 4859. NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
3120 SAN 4851. Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems 2060-AM15
3121 SAN 4845. Control of Air Pollution from New Motor Vehicles: In-Use, Not-To-Exceed Emission Standard Testing
for Heavy-Duty Diesel Engines and Vehicles 2060-AM17
3122 SAN 4849. Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ke-
tone(MIBK) ., 2060-AM20
3123 SAN 4854. Amendments to Vehicle Inspection and Maintenance Program Requirements To Address New 8-Hour
Ozone Standard 2060-AM21
3124 SAN 4867. NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
3125 SAN 4865. Strategy for Addressing Air Emissions from Animal Feeding Operations 2060-AM26
3126 SAN 4853. Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gasoline
Sulfur Rules 2060-AM27
3127 SAN 4866. NESHAP: Site Remediation; Amendments 2060-AM30
3128 SAN 4868. Exemption of Area Sources From Title V Operating Permit Program 2060-AM31
3129 SAN 4880. Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines: Amendments to
Evaporative Emissions Regulations and Technical Amendments 2060-AM32
3130 SAN 4881. Prevention of Significant Deterioration for Nitrogen Oxides 2060-AM33
3131 SAN 4882. Control of Emissions from Spark-Ignition Engines and Fuel Systems From Marine Vessels and Small
Equipment 2060-AM34
3132 SAN 4883. Test Procedures for Highway and Nonroad Engines 2060-AM35
3133 SAN 4891. National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufac-
turing; Amendments 2060-AM43
3134 SAN 4885. Flexible Air Permit Rule 2060-AM45
3135 SAN 4905. National Volatile Organic Compound Emission Standards for Architectural Coatings; Amendments 2060-AM47
3136 SAN 4899. Control of Ultra Low Sulfur Diesel Fuel Lubricity 2060-AM48
3137 SAN 4916. Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use with Substitute Refrigerants 2060-AM49
3138 SAN 4893. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2005 2060-AM50
3139 SAN 4901. Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under
Section 608 of the Clean Air Act 2060-AM55
3140 SAN 4894. Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for Es-
sential Class I Ozone Depleting Substances 2060-AM56
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3141
3142
3143
3144
SAN 4315. Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
SAN 3569. Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power Plant
SAN 4768. Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon from DOE Facili-
ties
SAN 3470.1. Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a Pre-
ferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions
2009-AAOO
2009-AA01
2060-AK81
2060-AK60
-------
38162
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA
CLEAN AIR ACT (CM,)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3145 SAN 3656. NESHAP: Reciprocating Internal Combustion Engine 2060-AG63
3146 SAN 3837. NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters 2060-AG69
3147 SAN 3525. Prot. of Strat. Ozone: Update of the Substitutes List Under (SNAP) Program 2060-AG12
3148 SAN 4683. Air Quality: Revision to Definition of Volatile Organic Compounds - Exclusion of 4 Compounds 2060-AK37
3149 SAN 2915. Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to Ap-
pendix M of Part 51 2060-AF83
3150 SAN 3900. Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in Sta-
tionary Source Emissions 2060-AG88
3151 SAN 4625. Clean Air Ozone Implementation Rule (Part 1 and 2) 2060-AJ99
3152 SAN 3958. Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements (40
CFR Part 60, Appendix F, Procedure 3) 2060-AH23
3153 SAN 4555. Electric Arc Furnace NSPS Amendment 2060-AJ68
3154 SAN 4681. Revision of Combustion Turbines NSPS—Part 60, Subpart GG 2060-AK35
3155 SAN 4161. Update of Continuous Instrumental Test Methods 2060-AK61
3156 SAN 3820. NESHAP: Plywood and Composite Wood Products 2060-AG52
3157 SAN 4115. NESHAP: Chromium Electroplating Amendment 2060-AH69
3158 SAN 4107. NESHAP: Asphalt/Coal Tar Application on Metal Pipes 2060-AH78
3159 SAN 4313. Petitions To Delist Hazardous Air Pollutants: MEK 2060-AI72
3160 SAN 4571. Electric Utility Steam Generating Unit MACT Regulation 2060-AJ65
3161 SAN 4672. NESHAP: Solvent Extraction for Vegetable Oil: Amendments 2060-AK32
3162 SAN 4712. NESHAP: Hazardous Organic NESHAP (HON) Amendments 2060-AK49
3163 SAN 4713. NESHAP for Primary Aluminum Reduction Plants; Amendments 2060-AK50
3164 SAN 4714. NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Re-
covery Units; Amendments 2060-AK51
3165 SAN 4719. NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Require-
ments 2060-AK54
3166 SAN 4751. National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—Peti-
tion to Delist 2060-AK73
3167 SAN 4763. NESHAP: Ethylene Processes; Amendments 2060-AK80
3168 SAN 4464. 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 2060-AJ36
3169 SAN 4689. Section 126 Rule Withdrawal Provision 2060-AK41
3170 SAN 4340. Transportation Conformity Amendments: Response to March 2, 1999, Court Decision 2060-AI56
3171 SAN 4030. Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle Ex-
haust Emission Standards 2060-AH52
3172 SAN 4604. Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Indi-
vidual Baseline 2060-AJ82
3173 SAN 4675. Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel 2060-AK27
3174 SAN 4757. Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty Trucks 2060-AK76
3175 SAN 2665. Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3176 SAN 4682. Revisions to the Appeal Procedures and the Federal NOx Budget Trading Program, Parts 78 and 97 .. 2060-AK36
3177 SAN 4487. Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington 2012-AA01
3178 SAN 4254. Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate 2060-AI45
3179 SAN 4450. Clean Air Visibility Rule 2060-AJ31
3180 SAN 4621. Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision and Minor Cor-
rections 2060-AJ97
3181 SAN 4631. Adoption of the Amended International NOx Standard for Aircraft Engines 2060-AK01
3182 SAN 4722. California Gasoline Technical Correction 2060-AK56
3183 SAN 4706. Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3184 SAN 4758. Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated
and Conventional Gasoline Including Butane Blenders and Attest Engagements 2060-AK77
3185 SAN 3560.1. Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use with Substitute Refrigerants 2060-AL77
3186 SAN 4800. Consideration of Industry Petition to Remove Ethylene Glycol Monobutyl Ether from the Clean Air Act
List of Hazardous Air Pollutants 2060-AL87
3187 SAN 4819. Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
3188 SAN 4837. National Ambient Air Quality Standards for Particulate Matter; Amendment to Reflect Court Order
Vacating Certain Rules 2060-AM02
3189 SAN 4839. Clean Air Ozone Designations 2060-AM03
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38163
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3190
3191
3192
3193
3194
3195
3196
3197
3198
3199
3200
SAN 4840. Clean Air Fine Particle Designations
SAN 3560.2. Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute Refrigerants; Leak Repair Re-
quirements for Refrigeration and Air-conditioning Equipment
SAN 4863. NESHAP: Reinforced Plastic Composites—Amendments
SAN 4857. Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances—Fire Sup-
pression and Explosion Protection
SAN 4864. NESHAP: Surface Coating of Metal Cans—Amendments
SAN 4862. NESHAP: Printing, Coating, and Dyeing of Fabrics and Other Textiles—Amendments
SAN 4895. Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods
SAN 4900. Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire Extin-
guishing Vessels
SAN 4892. National Emission Standards for Pharmaceuticals Production; Amendments
SAN 4918. Protection of the Stratospheric Ozone: Alternatives for the Mobile Air Conditioning Sector Under the
Significant New Alternatives Policy (SNAP) Program
SAN 4816. National Emission Standards for Hazardous Air Pollutants: Site-Specific Regulation for Packaging Cor-
poration of America in Tomahawk, Wisconsin
2060-AM04
2060-AM05
2060-AM23
2060-AM24
2060-AM28
2060-AM29
2060-AM42
2060-AM46
2060-AM52
2060-AM54
2090-AA33
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3201 SAN 4695. NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard 2060-AK68
3202 SAN 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
3203 SAN 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
3204 SAN 4531. Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
3205 SAN 1002. NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3206 SAN 3919. Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-
Federal Class I Areas 2060-AH01
3207 SAN 4096. Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States 2060-AH87
3208 SAN 4653. NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards 2060-AK08
3209 SAN 4654. NESHAP: Ethylene Oxide for Sterilization Facilities - Residual Risk Standards 2060-AK09
3210 SAN 4657. NESHAP: Group II Polymers and Resins - Residual Risk Standards 2060-AK13
3211 SAN 4661. NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations - Residual Risk
Standard 2060-AK17
3212 SAN 4665. NESHAP: Secondary Lead Smelting Residual Risk Standards 2060-AK19
3213 SAN 4666. NESHAP: Shipbuilding and Ship Repair Surface Coating — Residual Risk Standards 2060-AK20
3214 SAN 4668. NESHAP: Halogenated Solvent Cleaning - Residual Risk Standards 2060-AK22
3215 SAN 4669. NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060-AK23
3216 SAN 4664. NESHAP: Printing and Publishing Industry - Residual Risk Standards 2060-AK24
3217 SAN 4663. NESHAP: Petroleum Refineries—Residual Risk Standards 2060-AK25
3218 SAN 4750. National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electro-
plating and Chromium Anodizing Tanks - Residual Risk Standards 2060-AK72
3219 SAN 4656. NESHAP: Group I Polymers and Resins — Residual Risk Standards 2060-AK12
3220 SAN 4659. NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
3221 SAN 4658. NESHAP: Group IV Polymers and Resins—Residual Risk Standards 2060-AK15
3222 SAN 4383. Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia, Dela-
ware, Maryland, and New Jersey 2060-AI99
3223 SAN 3910. Streamlined Evaporative Test Procedures 2060-AH34
3224 SAN 4393. Control of Methyl Tertiary Butyl Ether (MTBE) 2060-AJOO
3225 SAN 3412. Operating Permits: Revisions (Part 70) 2060-AF70
3226 SAN 3922. Revised Permit Revision Procedures for the Federal Operating Permits Program-Part 71 2060-AG92
3227 SAN 4700. Selection of Sequence of Mandatory Sanctions to be Applied Pursuant to Section 502 of the Clean Air
Act 2060-AK46
3228 SAN 3263. Performance Warranty and Inspection/Maintenance Test Procedures 2060-AE20
3229 SAN 3917. Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
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38164
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3230 SAN 4348. Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule .... 2060-AI97
3231 SAN 4391. Rescinding Finding That Preexisting PM10 Standards No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3232 SAN 4691. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Clean
Units 2060-AK42
3233 SAN 4557.1. Amendments to the Requirements on Variability in the Composition of Additives Certified Under the
Gasoline Deposit Control Program 2060-AK62
3234 SAN 4783. Voluntary Superior Monitoring 2060-AK85
3235 SAN 4798. Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air Qual-
ity Standards for Early Action Compact Areas 2060-AL85
3236 SAN 4799. Consideration of Industry Petition To Remove the 2-Piece Can Subcategory From the Clean Air Act
Hazardous Air Pollutant Source Category List 2060-AL86
3237 SAN 4810. NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060-AL93
3238 SAN 4825. Mineral Wool Production Residual Risk Standard 2060-AL96
3239 SAN 4831. NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3240 SAN 4832. NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
3241 SAN 4861. NESHAP: Area Source Standards—Paint Stripping 2060-AM07
3242 SAN 4856. Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
3243 SAN 4855. NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing—Amendments 2060-AM10
3244 SAN 4873. NESHAP: Area Source Standards—Glass Manufacturing Industry 2060-AM12
3245 SAN 4860. NESHAP: Area Source Standards—Acrylic/ Modacrylic Fiber (AMF) Production 2060-AM13
3246 SAN 4875. NESHAP: Area Source Standards—Oil and Natural Gas Production 2060-AM16
3247 SAN 4847. NESHAP: Oil and Natural Gas Production Residual Risk Standards 2060-AM18
3248 SAN 4874. NESHAP: Area Source Standards—Industrial Inorganic Chemicals Manufacturing 2060-AM19
3249 SAN 4848. NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
3250 SAN 4879. Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries 2060-AM36
3251 SAN 4886. NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3252 SAN 4884. Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Com-
mercial, and Institutional Boilers 2060-AM44
3253 SAN 4917. Protection of Stratospheric Ozone: Substitute Refrigerant Recycling; Amendment to the Definition of
Refrigerant 2060-AM51
3254 SAN 4906. NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3255
3256
3257
3258
3259
3260
3261
3262
3263
3264
3265
3266
SAN 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 4415. Petitions to Delist Source Categories from the Source Category List, Developed Pursuant to Section
112(c) of the Clean Air Act
SAN 4532. Motor Vehicle and Engine Compliance Program Fees for: Light-Duty Vehicles and Trucks; Heavy-Duty
Vehicles and Engines; Nonroad Engines; and Motorcycles
SAN 3657. NESHAP: Combustion Turbine
SAN 3343. NESHAP: Iron and Steel Foundries
SAN 3452. National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufac-
turing
SAN 2841. NESHAP: Chromium Electroplating Amendment (Tin-Free Steel)
SAN 3452.1. National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing
SAN 4433. Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call Tech-
nical Amendments, and Section 126 Rules
SAN 4508. Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage Vessels;
Amendments
SAN 4605. Proposed Amendments to Performance Standards and Monitoring Requirements for Particulate Matter
at Stationary Sources
SAN 3449. NESHAP: Mercury Cell Chlor-Alkali Plants
2050-AF09
2060-AJ23
2060-AJ62
2060-AG67
2060-AE43
2060-AE82
2060-AH08
2060-AK59
2060-AJ16
2060-AJ53
2060-AJ88
2060-AE85
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38165
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3267 SAN 3825. NESHAP: Miscellaneous Metal Parts and Products (Surface Coating) 2060-AG56
3268 SAN 3651. NESHAP: Lime Manufacturing 2060-AG72
3269 SAN 3906. NESHAP: Surface Coating of Metal Cans 2060-AG96
3270 SAN 3907. NESHAP: Surface Coating of Automobiles and Light-Duty Trucks 2060-AG99
3271 SAN 3924. NESHAP: Primary Magnesium Refining 2060-AH03
3272 SAN 3968. NESHAP: Site Remediation 2060-AH12
3273 SAN 3971. NESHAP: Organic Liquids Distribution (Non-Gasoline) 2060-AH41
3274 SAN 4380. NESHAP: Taconite Iron Ore Processing Industry 2060-AJ02
3275 SAN 4426. Clarification to Existing Part 63 NESHAP Delegations' Provisions 2060-AJ26
3276 SAN 4479. NESHAP: Gasoline Distribution Facilities—Amendment 2060-AJ42
3277 SAN 4591. Benzene Waste Operations NESHAP; Amendments 2060-AJ87
3278 SAN 4685. NESHAP: Chlorine Production 2060-AK38
3279 SAN 4785. NESHAP: Perchlorethylene Dry Cleaning Facilities (Completion of a Section 610 Review) 2060-AK64
3280 SAN 4441. Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units Constructed
On or Before November 30, 1999 2060-AJ28
3281 SAN 4626. Control of Emissions from Highway Motorcycles 2060-AJ90
3282 SAN 4756. Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide to Non-Parties to the Montreal
Protocol 2060-AK67
3283 SAN 3556. Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Section
608 2060-AF36
3284 SAN 3560. Protection of Stratospheric Ozone: Refrigerant Recycling; Substitute Refrigerants 2060-AF37
3285 SAN 3673. Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction 2060-AG20
3286 SAN 4548. Compilation of Source-Specific Alternative Methods Being Approved for Source-Category Wide Appli-
cation 2060-AJ84
3287 SAN 4569.1. Control of Air Pollution from New Motor Vehicles; Addendum to Second Amendment to the Tier
2/Gasoline Sulfur Regulations 2060-AK63
3288 SAN 4622.1. Amendment to Marine Diesel Rule 2060-AL81
3289 SAN 4791. Revisions to Federal Operating Permits Program Fee Payment Deadlines for California Agricultural
Sources 2060-AL82
3290 SAN 4801. Amendments to the Phase 2 Requirements for Spark-Ignition Nonroad Engines less than 19 Kilowatts 2060-AL88
3291 SAN 4833. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2004 2060-AM01
3292 SAN 4278. Project XL Site-Specific Rulemaking for Andersen Corporation's Facility in Bayport, Minnesota 2090-AA21
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3293
SAN 4054. Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
2060-AH63
ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3294
SAN 4403. Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria 2060-AJ07
ATOMIC ENERGY ACT (AEA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3295
SAN 4003. Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Subpart A 2060-AH90
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA
ATOMIC ENERGY ACT (AEA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3296
SAN 4054.1. Approaches to an Integrated Framework for Management and Disposal of Low-Activity Radioactive
Waste: Request for Comment [[[
2060-AL78
ATOMIC ENERGY ACT (AEA)— Completed Actions
c
S*quehnCre
Number
Title
Regulation
Identifier
Number
3297
SAN 4686. Waste Isolation Pilot Plant (WIPP) FY 2001 Report to Congress ...................................... . ....................... 2060-AK39
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Prerule Stage
i h r
Number
Title
Regulation
Identifier
Number
3298 SAN 4727. Endocrine Disrupter Screening Program (EDSP); Chemical Selection Approach for Initial Round of
Screening [[[ 2070-AD59
3299 SAN 4789. Pesticide Worker Protection Rule (Section 610 Review) [[[ 2070-AD66
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Proposed Rule Stage
Regulation
Title Identifier
Number
3300 SAN 2687. Pesticides; Data Requirements for Conventional Chemicals [[[ 2070-AC12
3301 SAN 4173. Pesticides; Data Requirements for Antimicrobials [[[ 2070-AD30
3302 SAN 4728. Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase ........ 2070-AD61
3303 SAN 4170. Pesticides; Procedures for the Registration Review Program [[[ 2070-AD29
3304 SAN 4216. Pesticides; Emergency Exemption Process Revisions [[[ 2070-AD36
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Final Rule Stage
Number
3305 SAN 2659. Pesticide Management and Disposal; Standards for Pesticide Containers and Containment ................... 2070-AB95
3306 SAN 3731. WPS; Pesticide Worker Protection Standard (WPS); Glove Amendment .................................................. 2070-AC93
3307 SAN 3892. Pesticides; Registration Requirements for Antimicrobial Pesticide Products ............................................. 2070-AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Long-Term Actions
_ Regulation
Sequence Title Identifier
Number Number
3308 SAN 4596. Pesticides; Data Requirements for Biochemical and Microbial Products [[[ 2070-AD51
3309 SAN 4027. Pesticides; Tolerance Processing Fees [[[ 2070-AD23
3310 SAN 4175. Pesticide Tolerance Reassessment Program [[[ 2070-AD24
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EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions (Continued)
Sequence
Number
3316
3317
Title
SAN 3222 Groundwater and Pesticide Management Plan Rule
SAN 4609 Pesticides' Exemption of Medical Devices Treated with Antimicrobial Pesticides
Regulation
Identifier
Number
2070-AC46
2070-AD54
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3318
3319
3320
3321
3322
Title
SAN 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN 4788. Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities
(Section 610 Review)
SAN 4858 Notification of Chemical Exports Under TSCA Section 12(b)
SAN 3557 1 Lead-Based Paint Activities' Voluntary Program for Renovation and Remodeling
SAN 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
Regulation
Identifier
Number
2070-AC27
2070-AD65
2070-AJ01
2070-AJ03
2070-AJ04
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3323
3324
3325
3326
3327
3328
3329
3330
Title
SAN 4635. Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
SAN 2563. Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN 4395. Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
SAN 3301 1 TSCA Inventory Update Rule Revisions . . .
SAN 1923. Follow-Up Rules on Existing Chemicals
SAN 4512. Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in Resi-
dential Upholstered Furniture
SAN 4870. Significant New Use Rule (SNUR); Pentabromodiphenylether and Octabromodiphenylether
SAN 2150.1. Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration (MARAD)
Regulation
Identifier
Number
2070-AD58
2070-AB79
2070-AD44
2070 AD63
2070-AA58
2070-AD48
2070-AJ02
2070-AJ05
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3331
3332
3333
3334
3335
3336
3337
Title
SAN 1976. Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN 3495. Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Or-
ders
SAN 3493. Test Rules and Enforceable Consent Agreements Under the Toxic Substances Control Act (Generic
Entry)
SAN 3990. Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
SAN 2178. TSCA Section 8(a) Preliminary Assessment Information Rules
SAN 1139. TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN 3493.1. Testing Agreement for Perfluorooctanoic Acid (PFOA)
Regulation
Identifier
Number
2070 AA59
2070-AB27
2070-AB94
2070-AD16
2070-AB08
2070-AB1 1
2070-AJ06
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3338
3339
3340
3341
Title
SAN 3148. Asbestos Model Accreditation Plan Revisions
SAN 3252. Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
SAN 4376. Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Rule — Bridges and Structures
SAN 3508. Lead; Manaqement and Disposal of Lead-Based Paint Debris
Regulation
Identifier
Number
2070-AC51
2070-AC21
2070-AC64
2070-AC72
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EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3342
3343
3344
3345
3346
3347
3348
3349
3350
3351
SAN 3557. Lead-Based Paint Activities; Abatement Amendments for Renovation and Remodeling
SAN 2150. Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce
SAN 4597. Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
SAN 3487. Test Rule; Hazardous Air Pollutants (HAPs)
SAN 3882. Test Rule; Certain Metals
SAN 4174. Testing Agreement for Certain Oxygenated Fuel Additives
SAN 3528. Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)
SAN 4176. Voluntary High Production Volume (HPV) Chemical Challenge Program
SAN 4598. TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN 4777. Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
2070-AC83
2070-AB20
2070-AD52
2070-AC76
2070-AD10
2070-AD28
2070-AC37
2070-AD25
2070-AD53
2070-AD64
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
3352
3353
3354
Title
SAN 4172 Lead' Notification Requirements for Lead-Based Paint Abatement Activities and Training
SAN 4425. Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occupa-
tional Safety and Health Administration
SAN No 31 18 TSCA Section 8(e) Policy; Notice of Clarification
Regulation
Identifier
Number
2070-AD31
2070-AD42
2070-AC80
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
3355
3356
3357
Title
SAN 4753. Emergency Planning and Community Right-to-Know Act; Modification to the Threshold Planning Quan-
tity Methodology for the Extremely Hazardous Substances that are Solids in Solution
SAN 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 .
SAN 4896 Toxics Release Inventory Reporting Burden Reduction Rule
Regulation
Identifier
Number
2050 AF08
2Q25-AA1 2
2025-AA14
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
3358
3359
Title
SAN 3994. Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Substances
(EHS) List
SAN 4595. Rulemaking to Change Toxic Release Inventory (TRI) Reporting Requirements From Standard Indus-
trial Classification (SIC) Codes to North American Industrial Classification System (NAICS) Codes
Regulation
Identifier
Number
2050-AE42
2025- AA10
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3360
3361
3362
3363
3364
Title
SAN 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
SAN 4015 TRI- Review of Chemicals on the Original TRI List
SAN 2425. TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic Re-
lease Inventory
SAN 4265. TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemption
SAN 2847. TRI: Pollution Prevention Act Information Requirements
Regulation
Identifier
Number
2050-AE17
2025-AA03
2025-AAOO
2025-AA06
2025-AA09
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EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
(Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3365 SAN 4616. Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extrac-
tion and Beneficiation 2025-AA11
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
- 1
3366 SAN 4781. Trade Secrecy Claims for Emergency Planning and Community Right-to-Know Information; and Trade
Secret Disclosures to Health Professionals; Amendment 2050-AF10
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Regulation
~
3367 SAN 4898. Land Disposal Restrictions Phase III: Decharacterized Wastewaters, Carbamate Wastes, and Spent
Potliners (Section 610 Review) 2050-AG17
3368 SAN 4897. Land Disposal Restrictions Phase II: Universal Treatment Standards, and Treatment Standards for Or-
ganic Toxicity Characteristic Wastes and Newly Listed Wastes (Section 610 Review) 2050-AG19
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Regulation
umber Title '*"««•
Number
3369 SAN 4230. Revisions to Solid Waste Landfill Criteria—Leachate Recirculation on Alternative Liners 2050-AE67
3370 SAN 4606. Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization for
Economic Cooperation and Development 2050-AE93
3371 SAN 2647. RCRA Subtitle C Financial Test Criteria (Revision) 2050-AC71
3372 SAN 4743. Land Disposal Restrictions: Determination of Equivalent Treatment for Macroencapsulation of Radio-
active Lead Solids; Definition of Macroencapsulation 2050-AF12
3373 SAN 4828. RCRA Incentives for Performance Track Members 2090-AA34
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence _... Regulation
Number Tltle ^ntifier
Number
3374 SAN 4028. Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
3375 SAN 3545. Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Mate-
rials 2050-AE23
3376 SAN 3989. Methods Innovation Rule 2050-AE41
3377 SAN 3147. Hazardous Waste Manifest Regulation 2050-AE21
3378 SAN 4084. Office of Solid Waste Burden Reduction Initiative 2050-AE50
3379 SAN 3066. Listing Determination and LDR for Wastes Generated During the Manufacture of Azo, Antnraquinone,
and Triarylmethane Dyes and Pigments 2050-AD80
3380 SAN 4092. Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to Hazardous
Waste Regulations 2050-AE52
3381 SAN 4501. Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 2050-AE84
3382 SAN 3333. NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors 2050-AE01
3383 SAN 4439. Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes With-
out RCRA Permit 2090-AA14
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EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3384
SAN 4565. Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York
2090-AA29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
Title
SAN 3856. Management of Cement Kiln Dust (CKD)
SAN 4470. Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
SAN 4469. Standards for the Management of Coal Combustion Wastes — Non-Power Producers and Minefilling
SAN 4411. 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-Final Rule .
SAN 4735. RCRA Burden Reduction Initiative, Phase 2
SAN 4701. E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations to Encourage
Reuse Recycling and Recovery of Electronic Equipment
SAN 3189. Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contaminated
Media and Debris from Underground Storage Tanks
SAN 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN 4651. Increase Metals Reclamation from F006 Waste Streams
SAN 4670. Revisions to the Definition of Solid Waste
SAN 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
SAN 4834. Regulatory Amendments to the F019 Hazardous Waste Listing To Exclude the Wastewater Treatment
Sludges From the Chemical Conversion Coating Process (Zinc Phosphating) of Automobile Bodies of Aluminum
SAN 4920. Streamlining Laboratory Waste Management in Academic and Research Laboratories
Regulation
Identifier
Number
2050-AE34
2050-AE81
2050-AE83
2050-AE78
2050-AF01
2003-AAOO
2050-AD69
2050-AE51
2050-AE97
2050-AE98
2050-AF06
2050-AG15
2050-AG18
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3398
3399
Title
SAN 4588 Research, Development, and Demonstration Permits for Municipal Solid Waste Landfill
SAN 4534. Project XL Site-Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, Maryland ....
Regulation
Identifier
Number
2050-AE92
2090-AA25
OIL POLLUTION ACT (OPA)—Proposed Rule Stage
Sequence
Number
3400
Title
SAN 2634 Revisions to the Spill Prevention Control, and Countermeasures (SPCC) Rule ..
Regulation
Identifier
Number
2050-AG16
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3401
3402
3403
Title
SAN 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
SAN 4739 Standards and Practices for Conducting All Appropriate Inquiries
SAN 4177. Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for Super-
fund Response Actions
Regulation
Identifier
Number
2050-AD75
2050-AF04
2050-AE62
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COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3404
SAN 3423. Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste Streams;
Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178)
2050-AE12
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3405
3406
3407
Title
SAN 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a)
SAN 4736 Administrative Reporting Exemption for Certain Air Releases of NOx
SAN 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities
Regulation
Identifier
Number
2050-AE63
2050-AF02
2050-AF03
CLEAN WATER ACT (CWA)—Prerule Stage
Sequence
Number
3408
SAN 4344 Water Quality Standards
Title
for Indian Country Waters
Regulation
Identifier
Number
2040-AD46
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3409
3410
3411
3412
3413
3414
Title
SAN 4526. Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Prod-
uct Schedule Listing Requirements
SAN 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II
SAN 4543. Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facilities
Under Section 316(b) of the Clean Water Act Phase 3 .... . ..
SAN 3999. NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Munic-
ipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
SAN 4690. Policy Regarding National Pollutant Discharge Elimination System Permit Requirements for Municipal
Wastewater Treatment During Wet Weather Conditions
SAN 4852. Water Quality Standards for Pathogens and Pathogen Indicators for Coastal Recreation Waters ...
Regulation
Identifier
Number
2050-AE87
2040-AD39
2040-AD70
2040-AD02
2040-AD87
2040-AE63
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3415
3416
3417
3418
3419
3420
3421
3422
3423
3424
3425
Title
SAN 4280. Effluent Guidelines and Standards for the Construction and Development Industry
SAN 4406. Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry
SAN 4407. Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revi-
sions) . .
SAN 4766. Effluent Guidelines Program Plan for 2004/2005
SAN 4378. Test Procedures; Revisions to Method Detection and Quantitation for the Clean Water Act
SAN 4540. Test Procedures; New and Updated Test Procedures for the Analysis of Pollutants Under the Clean
Water Act and Safe Drinking Water Act
SAN 4474. Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facilities
Under Section 31 6(b) of the Clean Water Act Phase 2
SAN 3663. Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution .
SAN 3288. Comparison of Dredged Material to Reference Sediment
SAN 4822. Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
SAN 3925. Uniform National Discharge Standards for Armed Forces Vessels — Phase II
Regulation
Identifier
Number
2040-AD42
2040-AD55
2040-AD56
2040-AD92
2040-AD53
2040-AD71
2040-AD62
2040-AC58
2040 AC14
2040-AE61
2040-AE64
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EPA
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3426
3427
3428
3429
3430
3431
3432
3433
3434
SAN 4370. Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category, Dis-
solving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN 3702. Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN 3714. Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring
SAN 3713. Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN 4049. Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
SAN 3786. NPDES Streamlining Rule — Round III
SAN 4623. Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions
SAN 4493. Clean Water State Revolving Fund Regulation Revisions Re: Use as Matching Funds
SAN 4746. Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters
2040-AD49
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AC84
2040-AD82
2040-AD68
2040-AD89
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3435
3436
3437
3438
3439
3440
Title
SAN 4776. Effluent Guidelines and Standards for the Centralized Waste Treatment Point Source Category (Revi-
sion)
SAN 4264. Water Quality Standards for Alabama — Phase II
SAN 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge ...
SAN 4624 Modification to Competitive Process Used by EPA for Wetland Program Development Grants
SAN 4792 Sewage Sludge Round I (Completion of a Section 610 Review)
SAN 4803. Sludge: Agency Response to the National Research Council Report on Biosolids Applied to Land and
the Results of EPA's Review of Existing Sewage Sludge Regulations
Regulation
Identifier
Number
2040-AD95
2040-AD35
2040 AC25
2040-AD83
2040-AD96
2040-AE59
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3441
3442
3443
Title
SAN 3238 National Primary Drinking Water Regulations' Aldicarb
SAN 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions
SAN 4826 National Primary Drinking Water Regulations: Analytical Method for Uranium
Regulation
Identifier
Number
2040-AC1 3
2040-AD93
2040-AE62
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3444
3445
Title
SAN 2340 National Primary Drinking Water Regulations: Groundwater Rule
SAN 4795. National Primary Drinking Water Regulations: Minor Corrections and Clarification to Drinking Water
Regulations
Regulation
Identifier
Number
2040-AA97
2040-AE58
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
3446
3447
3448
Title
SAN
SAN
SAN
2281
4341.
4342.
National
National
National
Primary
Primary
Primary
Drinking
Drinking
Drinking
Water Regulations:
Water Regulations:
Water Regulations:
Radon
Long Term 2 Enhanced Surface Water Treatment Rule ..
Stage 2 Disinfection Byproducts Rule
Regulation
Identifier
Number
2040-AA94
2040-AD37
2040-AD38
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SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions (Continued)
Sequence
Number
3449
3450
3451
3452
3453
3454
Title
SAN 4404. National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and
Technical Corrections to the NSDWR .
SAN 4775. National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System Requirements
SAN 4745 Drinking Water Contaminant Candidate List 3
SAN 4236 Underground Injection Control1 Update of State Programs
SAN 4821. Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water
Contaminant Candidate List .. ....
SAN 4703 Drinking Water Contaminant Candidate List 2
Regulation
Identifier
Number
2040-AD54
2040-AD94
2040- AD99
2040-AD40
2040-AE60
2060-AD86
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3455
SAN 4769. National Primary and Secondary Drinking Water Regulations: Approval of Additional Method for the
Detection of Coliforms and E. Coli. in Drinking Water
2040-AD90
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3456
Title
SAN 2820. Shore Protection Act, Section 4103(b) Regulations ....
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3040. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the
EPAAR since its promulgation in April
1994. This proposed rule would
incorporate most of the class deviations
to the EPAAR.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
06/00/04
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3580.
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3041. 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
ofExecutive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/05
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4292.
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EPA—General
Proposed Rule Stage
Agency Contact: Katherine Biggs,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202-564-7144
Fax: 202 564-0070
Email: biggs.katherine@epamail.epa.gov
Joseph Montgomery, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202-564-7157
Fax: 202-564-0072
Email:
montgomery.joseph@epamail.epa.gov
RIN: 2020-AA4 2
3042. 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
FR Cite
NPRM
Final Action
06/00/04
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4693.
Agency Contact: Judy Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone:202-566-1668
Fax: 202 566-1639
Email: hutt.judy@epamail.epa.gov
Deborah Williams, Environmental
Protection Agency, Office of
Environmental Information, 2822T,
Washington, DC 20460
Phone: 202-566-1659
Fax: 202 566-1648
Email:
williams.deborah@epamail.epa.gov
RIN: 2025-AA13
3043. 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 wiU revise EPAAR
1552.211-73, Level of Effort, to define
more concisely the services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/04
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4191.
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4369
Fax: 202 565-2551
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3044. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4319.
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Daniel Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202-564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
3045. CONTINUATION OF
IMPLEMENTING THE EMPOWERMENT
INITIATIVE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38175
EPA—General
Proposed Rule Stage
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
Date FR Cite
NPRM
Final Action
06/00/04
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4742.
Agency Contact: Jill Robbins,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-566-1981
Fax: 202 565-2475
Email: robbins.jill@epamail.epa.gov
RIN: 2030-AA81
3046. ON-SITE AND OFF-SITE
BACKGROUND CHECKS PERFORMED
BY EPA AND CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; Sec 205 (c),
63 Stat 390, as amended; 40 USC 486
(c); 41 USC 418 (b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: The proposed rule was
published in the Federal Register, Jan.
22, 2003, and required contractors to
perform background checks and make
suitability determinations before
contractors can perform services on
site. On Feb. 10, 2003, EPA transmitted
an information collection request (ICR)
to OMB. On May 13, 2003, OMB
disapproved the ICR and the proposed
rule, citing concerns regarding
contractors performing suitability
determinations which OMB considers
to be an inherently governmental
function. Since that time, EPA staff
have been in discussions with OMB,
and we are currently developing
different options to address the issue
of background checks for contractors.
The current proposed rule is expected
to be replaced with a revised proposed
rule in FY 2004.
Timetable:
Action
Date FR Cite
NPRM 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4814.
Agency Contact: Judy Davis,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4310
Email: davis.judy@epamail.epa.gov
RIN: 2030-AA85
3047. CONTRACT BUNDLING
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; 41 USC
418 (b); Sec 205(c), 63 Stat 390, as
amended
CFR Citation: 48 CFR 1519; 48 CFR
1552
Legal Deadline: None
Abstract: In March of 2003, the
President called on the Office of
Management and Budget to prepare a
strategy for unbundling federal
contracts. Federal contracting
opportunities for Small Businesses have
been dramatically reduced because of
contract bundling. Contract bundling
occurs when two or more procurement
requirements for goods or services
previously provided or performed
under separate, smaller contracts is
consolidated into a solicitation of offers
for a single contract that is unlikely to
be suitable for award to a small
business concern. OMB's plan will
require all agencies to uniformly review
requirements prior to contract
bundling. In addition, the plan will
require contract bundling reviews for
task and delivery orders under multiple
award contract vehicles. Senior agency
management will be held accountable
for eliminating unnecessary contract
bundling and mitigating the effects of
necessary and justified contract
bundling. In acquisitions where
contract bundling is determined tobe
necessary and justified, actions will be
taken to mitigate the effects by
increasing subcontracting opportunities
for small business. EPA's Office of
Small and Disadvantage Business
Utilization and OAM will be working
closely to eliminate unnecessary
contract bundling and mitigating the
effects of necessary contract bundling.
Additional agency guidance and
training will be forthcoming.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/04
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4812.
Agency Contact: Patrick Murphy,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4382
Email: murphy.patrick@epamail.epa.gov
RIN: 2030-AA86
3048. • SECURITY REQUIREMENTS
FOR TOXIC SUBSTANCES CONTROL
ACT CONFIDENTIAL BUSINESS
INFORMATION ACCESS FOR
CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 sec 205
(c), 63 Stat. 390, as amended; 40 USC
486 (c); 41 USC 418b
CFR Citation: 48 CFR 1552; 48 CFR
1535
Legal Deadline: None
Abstract: Current security requirements
for Toxic Substances Contract Act
Confidential Business Information
(TSCA CBI) access for contractors are
implemented in three Environmental
Protection Agency contract clauses,
1552.235-75, 1552.235-76, and
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004 /Unified Agenda
EPA—General
Proposed Rule Stage
1552.235-78. Security requirements for
the Government and contractors have
been updated in a 2003 TSCA CBI
Protection Manual. This rulemaking
will implement the new TSCA CBI
requirements into the three EPAAR
clauses cited above.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4904.
Agency Contact: Linda Clement,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-564-4356
Fax: 202 565-2552
Email: clement.linda@epamail.epa.gov
Harry Lewis, Environmental Protection
Agency, Administration and Resources
Management, 7407, Washington, DC
20460
Phone: 202-564-8642
Email: lewis.harry@epamail.epa.gov
RIN: 2030-AA88
3049. • AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 418(b; 5 USC
301, sec 205 (c); 63 Stat 390, as
amended
CFR Citation: 48 CFR 1516 and 1552
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add guidance on
the use of award-term contracts. The
guidance is necessary for contracting
officers seeking to include award-term
provisions in contracts. This guidance
will establish a solicitation provision
and contract clause in the EPAAR.
Timetable:
Action
Date
FR Cite
NPRM 09/00/04
Final Action 02/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4903.
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
3050. 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: 00 CFR NYD
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
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 FR Cite
Report to Congress 06/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4761.
Agency Contact: Ray Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-564-4625
Fax: 202 343-2305
Email: lee.ray@epamail.epa.gov
RIN: 2060-AK79
3051. PERSISTENT,
BIOACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Other Significant
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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38177
EPA—General
Proposed Rule Stage
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 FR Cite
Notice: Draft for
Mercury
Notice: PBT Strategy
Notice: Draft for Great
Lakes
Notice: Draft for
Alkyl-lead
Notice: Draft for DCS
Notice: Draft for
Alkyl-lead
Reopened
Notice: Draft for Level
1 Pesticides
Notice: Draft for HCB
Notice: Final for
Alkyl-lead
Notice: Draft for B(a)P
Notice: Final for HCB
Notice: Final for DCS
11/17/98 63 FR 63926
11/17/98
11/01/99
63 FR 63926
64 FR 58841
08/25/00 65 FR 51823
08/25/00
10/25/00
65 FR 51825
65 FR 63861
11/01/00 65 FR 65314
12/08/00 65 FR 77026
07/23/02 67 FR 48177
12/00/04
12/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4463.
Agency Contact: Tom—HQ Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409M, Washington,
DC 20460
Phone: 202-564-8810
Fax: 202 564-8901
Email: murray.tom-hq@epamail.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@epamail.epa.gov
RIN: 2070-AD45
3052. PROJECT XL SITE SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES
III-VI)
Priority: Info./Admin./Other
Legal Authority: 33 USC 2701 to 2761;
42 USC 300(f) to 300(j)-26; 42 USC
6901 to 6992 (k)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The United States
Environmental Protection Agency has
entered into a Final Project Agreement
with the National Aeronautics and
Space Administration (NASA) White
Sands Test Facility in Las Cruces,
Mexico that would modify the
reporting requirements under the
Resource Conservation and Recovery
Act (RCRA) and the Safe Drinking
Water Act (SOWA). The rule wiU allow
the facility to submit regulatory reports
and permit information electronically
rather than on paper to the New
Mexico Environment Department
(NMED) Solid Waste Bureau,
Hazardous Waste Bureau, Groundwater
Bureau, and Air Quality Bureau. Doing
so will significantly reduce its
regulatory reporting costs and enhance
the State's ability to analyze and
manage the facility's regulatory and
permit information. The electronic
reporting involves six phases that will
transition NASA from submitting data
on a CD-ROM to utilizing the Internet
to transmit data to NMED. This rule
covers Phases III-VI of the project, the
previous NASA White Sands Test
Facility Final Rule covered Phases I-
II.
Timetable:
Action
Date FR Cite
NPRM 06/00/04
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4836.
Agency Contact: Adam Levitan,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202-564-1466
Fax: 202 566-2210
Email: levitan.adam@epamail.epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1802, Washington, DC 20460
Phone: 202-566-2177
Fax: 202 566-2200
Email: perla.donna@epamail.epa.gov
RIN: 2090-AA35
Environmental Protection Agency (EPA)
General
Final Rule Stage
3053. 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
FR Cite
Direct Final Action
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4747.
Agency Contact: John O'Brien,
Environmental Protection Agency,
Administration and Resources
Management, 3620M, Washington, DC
20460
Phone: 202 564-7876
Fax: 202 564-2904
Email: obrien.johnt@epa.gov
RIN: 2030-AA83
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EPA—General
Final Rule Stage
3054. 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
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 FR Cite
NPRM
Final Action
08/31/01 66 FR 46162
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4270.
Formerly listed as RIN 2020-AA41.
Agency Contact: Evi Huffer,
Environmental Protection Agency,
Office of Environmental Information,
2136 (WSM Room 445D WT),
Washington, DC 20460
Phone: 202-566-1697
Fax: 202 260-9322
Email: huffer.evi@epamail.epa.gov
David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 2823T,
Washington, DC 20460
Phone: 202-566-1704
Fax: 202 566-1684
Email: schwarz.david@epamail.epa.gov
RIN: 2025-AA07
3055. 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
FR Cite
NPRM
Final Action
01/22/03 68 FR 2988
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
RIN: 2030-AA80
3056. MISCELLANEOUS REVISIONS
TO EPAAR CLAUSES
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; Sec (c),
63 Stat. 390, as amended; 40 USC 486
(c); 41 USC 418(b)
CFR Citation: 48 CFR 1515; 48 CFR
1535; 48 CFR 1552
Legal Deadline: None
Abstract: This rule includes
administrative changes to various
EPAAR clauses, such as address
changes and points of contact. Nothing
substantive will be affected.
Timetable:
Action
Date
FR Cite
Final Action
NPRM
06/00/04
07/00/04
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EPA—General
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4813.
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4377
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA84
3057. • TECHNICAL AMENDMENTS
TO THE FEDERAL POLICY FOR THE
PROTECTION OF HUMAN SUBJECTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule implements three
technical amendments to the Common
Rule which governs the conduct of
human studies in several agencies. The
agencies listed in this document are
individually amending the Federal
Policy for the Protection of Human
Subjects, which was published in the
Federal Register on June 18, 1991, to
change all references to the Office for
Protection from Research Risks (OPRR)
to the Office for Human Research
Protections (CHRP); revise the footnote
found at the end of section 101 (i) by
deleting references to research
involving fetuses, pregnant women, or
human in vitro fertilization and subpart
B of 45 CFR part 46; and update the
Control Number for the approval by the
Office of Management and Budget
(OMB) of the information collection
requirements of this Federal Policy.
HHS is the lead Agency in developing
the language for this rule.
Timetable:
Action
Date
FR Cite
Final Action 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4925.
Agency Contact: Dennis Utterback,
Environmental Protection Agency,
Office of Research and Development,
8104R, Washington DC, DC 20460
Phone: 202 564-6638
Fax:202 565-2911
Email:
utterback.dennis@epamail.epa.gov
RIN: 2080- A A11
3058. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES I AND II)
Priority: Info./Admin./Other
Legal Authority: "Safe Drinking Water
Act, 42 USC 300f to 300J-26; Solid
Waste Disposal Act, 42 USC 6901 to
6992k"
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (SDWA), Clean Water Act
(CWA) and the Clean Air Act (CAA).
The purpose of this NASA WSTF
Electronic Reporting site-specific rule is
to enable the NASA WSTF to
electronically submit compliance
reports and permit information to the
New Mexico Environment Department
(NMED) in lieu of submitting paper
reports. The rule will set forth
guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes. This rule will address Phases
I and II of the project covering
reporting requirementsunder RCRA and
the SDWA. A second and subsequent
rule will address Phases III-VI of the
project covering additional reporting
requirements under the CWA and CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/31/01 66 FR 55050
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4536.
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202-566-2183
Fax: 202 566-2220
Email:
heinemann.kristina@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202-566-2182
Fax: 202 566-2220
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
Long-Term Actions
3059. 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
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EPA—General
Long-Term Actions
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review of affirmative
action programs. They include: (1)
placing greater emphasis on requiring
assistance agreement recipients to
submit documentation supporting
proposed fair share procurement
objectives for Minority Business
Enterprises (MBEs) and Women's
Business Enterprises (WBEs) based on
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
to takereasonable race/gender-conscious
measures (e.g., bidding credits) in the
event that race/gender-neutral efforts
prove inadequate to meet fair share
objectives; and (3) administering
statutory MBE/WBE objectives as a
national goal, allowing smaller or larger
fair share objectives for particular
grants or cooperative agreements based
on the availability standard.
Timetable:
Action
Date FR Cite
07/24/03 68 FR 43824
05/00/06
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4056.
Agency Contact: Kimberly Patrick,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202-564-5386
Fax: 202 501-0139
Email: patrick.kimberly@.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
3060. 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 136etseq
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.
NOTE: EPA has examined its CBI
regulations and decided to withdraw
from taking further actions on revising
the CBI regulations—40 CFR part 2,
subpart B. However, consideration for
eliminating special treatment of
substantiations is still pending court
ruling.
Timetable:
Action Date FR Cite
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71366
08/30/00 65 FR 52684
12/21/00 65 FR 80394
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3240.
Agency Contact: Doreen Sterling,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202-566-1642
Fax:202 566-1639
Email: sterling.doreen@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822T, Washington, DC
20460
Phone: 202-566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
3061. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency will use these
guidelines to evaluate suspect
carcinogens in line with the policies
and procedures established in the
statutes administered by the EPA.
These guidelines revise and replace
EPA Guidelines for Carcinogen Risk
Assessment published at 51 FR 33992,
September 24, 1986. These guidelines
provide EPA staff and decisionmakers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory 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.
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Long-Term Actions
Timetable:
Action
Reproposed
Guidelines
Date
FR Cite
04/23/96 61 FR 17960
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 3671.
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564-3358
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
Environmental Protection Agency (EPA)
General
Completed Actions
3062. REPORT TO CONGRESS ON
ENFORCEMENT DATA CONCERNING
SMALL ENTITIES
Priority: Info. /A dm in. /Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Report to Congress 01/20/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Gerard Kraus
Phone: 202-564-6047
Fax: 202 564-0017
Email: kraus.gerard@epamail.epa.gov
Deborah Thomas
Phone: 202-564-5041
Fax: 202 564-0037
Email:
thomas.deborah@epamail.epa.gov
RIN: 2020-AA45
3063. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
PERFORMANCE TRACK PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63; 40 CFR 262
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Robert Sachs
Phone: 202-566-2884
Fax: 202-566-0966
Email: sachs.robert@.epa.gov
David Guest
Phone: 202-566-2872
Fax: 202 566-2985
Email: guest.david@epamail.epa.gov
Final Action
04/22/04 69 FR21737 RIN: 2090-AA13
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3064. REVISIONS TO CLARIFY THE
SCOPE OF CERTAIN MONITORING
REQUIREMENTS FOR FEDERAL AND
STATE OPERATING PERMITS
PROGRAMS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
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 final rule for this action
was published on January 22, 2004 (69
FR 3202). The purpose of the final rule
was to clarify the regulatory language
and EPA interpretation of the
"umbrella monitoring" rules [(40 CFR
70.6(c)(l) and 71.6(c)(l)] of the State
and federal operating permits program
rules under title V of the Clean Air Act
(Act). The final rule declines to adopt
the changes to the regulatory text of
the monitoring rules that were
proposed on September 17, 2002 (67
FR 58561) and it announces a different
interpretation of the umbrella
monitoring rules from that set forth in
the preamble to that proposal. Under
the final rule, the umbrella monitoring
rules do not provide a basis for adding
monitoring to title V permits
independent of monitoring required
under existing federal air pollution
control rules and State implementation
plan (SIP) rules (i.e., monitoring
required under "applicable
requirements"), including monitoring
required under the compliance
assurance monitoring(CAM) rule where
it applies, and such monitoring as may
be required under the periodic
monitoring rules [40 CFR
70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B)].
Accordingly, EPA interprets the
umbrella monitoring rules to require
that title V permits contain monitoring
required under applicable
requirements, including monitoring
required under the CAM rule where it
applies, and such monitoring as may
be required under the periodic
monitoring rules. Together, such
monitoring will constitute
monitoringsufficient to assure
compliance as required by the Act. In
the final rule, EPA also announded
plans for three additional steps. One
step will involve encouraging States to
improve monitoring requirements in
certain SIP rules through guidance to
be developed in connection with a
separate rulemaking concerning the
implementation of the national ambient
air quality standards (NAAQS) for fine
paniculate matter to be published in
the near term. Another step involves
publication of an advance ce of
proposed rulemaking (ANPRM) in the
near term to ask for comments on
inadequate monitoring in applicable
requirements (in addition to any
monitoring addressed in the fine
paniculate guidance and rulemaking)
and on appropriate methods for
upgrading such monitoring. Finally,
EPA expects to conduct a separate
notice and comment rulemaking to
addresa what types of existing
monitoring are "periodic" under the
periodic monitoring rules, and when
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EPA—Clean Air Act (CAA)
Prerule Stage
the periodic monitoring rules apply,
what types of monitoring satisfy the
monitoring criteria contained in the
periodic monitoring rules.
Timetable:
Action
NPRM
Interim Final Action
Final Action
ANPRM
Date FR Cite
09/17/02 67FR58561
09/17/02 67 FR 58529
01/22/04 69 FR 3202
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4699.
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304-04, Washington,
DC 20460
Phone: 919-541-3195
Fax: 919 541-5509
Email: herring.jeff@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Washington, DC 20460
Phone: 919-541-0886
Fax: 919541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AK29
3065. REVISION TO POLICY ON
CONTROL OF VOLATILE ORGANIC
COMPOUNDS (VOC)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767 Iq
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. The
ANPRM is to announce that EPA is
considering revision of its VOC policy
which appeared in the July 8, 1977
ederal Register (42 FR 35314) under the
title "Recommended Policy on Control
of Volatile Organic Compounds." That
policy statement gave a broad
description about how EPA would
approach VOC control. This policy also
said that we would be exempting
certain organic compounds from
control in volatile organic compound
regulations (to meet ozone ambient air
quality limits) due to these compounds
having very low ozone forming
potential. A list of exempt compounds
was later codified in the definition of
VOC at 40 CFR 51.100(s) which was
adopted on February 3, 1992 (57 FR
3941) for use in State Implementation
Plans. The ANPRM will ask for public
comments on various approaches EPA
may use in the future to take
photochemical reactivity into account
in controlling VOCs. The ANPRM
could lead to a policy statement, such
as the 1977 policy statement, which
would give a broad outline of the new
approach EPA would take in the future.
This would not be a rulemaking, but
the revised policy could lead to new
rules being adopted still further in the
future. (Any such rules would be
separately noticed in the Regulatory
Agenda.) For example, the ANPRM
could eventually lead to a revision of
the definition of VOC at 40 CFR
51.100(s).
Timetable:
Action
Date
FR Cite
ANPRM
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4759.
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C5 39-02, Washington,
DC 20460
Phone: 919 541-5245
Fax:919541-0824
Email:
johnson.williaml@epamail.epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone:202-564-1174
Fax: 202 564-5603
Email: keating.terry@epamail.epa.gov
RIN: 2060-AK75
3066. • CONTROL OF EMISSIONS
FROM NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7522 to 7621
CFR Citation: 40 CFR 92 and 94
Legal Deadline: None
Abstract: This rule will set an
additional tier of more stringent
exhaust emission standards for new
locomotives and new marine
compression-ignition engines below 30
liters per cylinder. These new
standards are expected to reflect the
emission reductions achievable through
the application of advanced emission
control technologies, including high-
efficiency catalytic exhaust emission
control devices, and the availability
and use of low sulfur diesel fuel. The
standards build on our existing
locomotive andmarine diesel engine
emission control programs.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
06/00/04
07/00/05
05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4871.
Agency Contact: Jean—Marie Revelt,
Environmental Protection Agency, Air
and Radiation, 6401 A, Washington, DC
20460
Phone: 734-214-4822
Email: revelt.jean-
marie@epamail.epa.gov
RIN: 2060-AM06
3067. • FUELS AND FUEL ADDITIVES
REGISTRATION REGULATIONS
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 211
CFR Citation: 40 CFR 79
Legal Deadline: None
Abstract: On June 27, 1994 (59 FR
33042), EPA promulgated a rulemaking
laying out the requirements for
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Prerule Stage
registering fuel and fuel additives
under section 211 of the Clean Air Act.
These requirements are codified in the
Code of Federal Regulations at 40 CFR
part 79. 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 mitigatedsmall-
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, 2004. In submitting comments,
please reference Docket ID number
OAR-2004-0053, and follow the
instructions provided in Unit G of the
preamble to the Spring Regulatory
Agenda.
Timetable:
Action
Begin Review
End Review
Date
06/00/04
11/00/04
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4922.
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington DC,
DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM38
3068. • EMISSION STANDARDS FOR
NEW NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: Clean Air Act Section
202 et seq; Regulatory Flexibility Act
CFR Citation: 40 CFR 90
Legal Deadline: None
Abstract: On July 3, 1995 (60 FR
34582), EPA promulgated a rulemaking
laying out new emission standards for
new nonroad spark-ignition engines at
or below 19 kilowatts under sections
202, 203, 204, 205, 206, 207, 208, 209,
213, 215, 216, and 30l(a) of the Clean
Air Act. These requirements are
codified in the Code of Federal
Regulations at 40 CFR Part 90. 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, 2004. In submitting comments,
please reference Docket ID number
OAR-2004-0054, and follow the
instructions provided in Unit G of the
preamble to the Spring Regulatory
Agenda.
Timetable:
Action
Date
FR Cite
Begin Review
End Review
06/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4921.
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington DC,
DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM39
3069. • NESHAP: SECONDARY LEAD
SMELTING (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: Regulatory Flexibility
Act
CFR Citation: 40 CFR 63 subpart X
Legal Deadline: None
Abstract: On June 23, 1995 (60 FR
32587), EPA promulgated a rulemaking
laying out new National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the secondary lead
smelting industry under Section 112 of
the Clean Air Act. These requirements
are codified in the Code of Federal
Regulations at 40 CFR Part 63, Subpart
X. 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, 2004. In submitting comments,
please reference Docket ID number
OAR-2004-0056, and follow the
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38184
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
instructions provided in Unit G of the
preamble to the Spring Regulatory
Agenda.
Timetable:
Action
Date FR Cite
Begin Review
End Review
06/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4924.
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington DC,
DC 20460
Phone: 202 564-1952
Fax:202564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM40
3070. « NESHAP: PETROLEUM
REFINERIES (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 112;
Regulatory Flexibility Act
CFR Citation: 40 CFR 63 subpart CC
Legal Deadline: None
Abstract: On August 18, 1995 (60 FR
43244), EPA promulgated a rulemaking
laying out new National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the petroleum refining
industry under section 112 of the Clean
Air Act. These requirements are
codified in the Code of Federal
Regulations at 40 CFR part 63 subpart
CC. 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, 2004. In submitting comments,
please reference Docket ID number
OAR-2004-0055, and follow the
instructions provided in Unit G of the
preamble to the Spring Regulatory
Agenda.
Timetable:
Action
Date FR Cite
Begin Review
End Review
06/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4923.
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington DC,
DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM41
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3071. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every five years.
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date FR Cite
NPRM 05/00/05
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4266.
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919-541-5288
Fax:919541-0237
Email: mckee.dave@epamail.epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone:919-541-5271
Fax:919541-0237
Email:
richmond.harvey@epamail.epa.gov
RIN: 2060-AI43
3072. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial, March
31, 2005, -.
Final, Judicial, December 20, 2005, -.
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)
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38185
EPA—Clean Air Act (CAA)
Proposed Rule Stage
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421) was
published that, among other things,
anticipated that EPA would complete
the next review of the PM NAAQS by
July 2002. The EPA's plans and
schedule for the next periodic review
of the PM NAAQS were published on
October 23, 1997 (62 FR 55201). Due
to the unprecedented volume of new
research, the completion of the Criteria
Document has been extended. As 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
considered in the Administrator's final
decision.
Timetable:
Action
Date FR Cite
NPRM 05/00/05
Final Action 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4255.
Agency Contact: Mary Ross,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone:919-541-5170
Fax: 919541-0237
Email: ross.mary@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919-541-5274
Fax:919541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
3073. 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 procedurefor measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/05
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3649.
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919-541-1064
Fax:919541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone; 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
3074. 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
FR Cite
NPRM
Final Action
11/00/04
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
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38186
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN 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,
C539-02, Washington, DC 20460
Phone: 919-541-5350
Fax: 919541-0824
Email: stonefield.dave@epamail.epa.gov
RIN: 2060-AH93
3075. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND
RESINS-AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM1
Direct Final 2
NPRM 3
Direct Final 3
NPRM 4
Direct Final 4
Final 1
Final 2
NPRM 5
11/25/96 61 FR 59849
03/09/99 64 FR 11 559
06/08/99 64 FR 30406
06/08/99 64 FR 60456
08/29/00 65 FR 52319
08/29/00 65 FR 52319
10/26/00 65 FR 641 61
07/16/01 66 FR 36924
08/06/01 66 FR 40903
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3939.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AH47
3076. NSPS AND EMISSION
GUIDELINES FOR OTHER SOLID
WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 "CAA
129"
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 30, 2004, -.
Final, Judicial, November 30, 2005, -.
Abstract: Section 129 of the Clean Air
Act 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 bythe OSWI
standards. Standards will be set for the
following pollutants: paniculate matter,
opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon
monoxide, lead cadmium, mercury, and
dioxins and dibenzofurans.
Timetable:
Action
Date FR Cite
Notice 11/09/00 65 FR 66850
NPRM 11/00/04
Final Action 11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN 3751.
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5251
Fax: 919541-5450
Email: porter.fred@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01. Washington, DC 20460
Phone: 919-541-1045
Fax: 919541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AG31
3077. REVIEW OF 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 major and
minor 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38187
EPA—Clean Air Act (CAA)
Proposed Rule Stage
programs. The proposed Federal NSR
rule would require sources in Indian
country, with certain exceptions, to
obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, (3) new major sources in
nonattainment areas in Indian country,
or (4) existing major sources in
nonattainment areas in Indian country
undergoing minor modification. The
proposed rule also would allow new
or existing stationary sources of
regulated NSR pollutants and HAPs to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permits
program. These rules would not impose
any mandates on Tribal governments to
implement NSR permitting programs.
Tribal governments may be affected,
however, insofar as they own or operate
sources that must obtain a permit from
the EPA under the final Federal
permitting program regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN 3975.
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C504-01, Research Triangle Park, NC
27711
Phone: 919-541-5497
Email: mckelvey.laura(s>epamail.epa.gov
RIN: 2060-AH37
3078. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority: Other 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; 42 USC
7501 et seq
CFR Citation: 40 CFR51
Legal Deadline: None
Abstract: In 1997, EPA promulgated
revised National Ambient Air Quality
Standards (NAAQS) for Fine paniculate
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
FR Cite
NPRM
Final Action
09/00/04
03/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4752.
Agency Contact: Rich Damberg,
Environmental Protection Agency, Air
and Radiation, C504-02, Washington,
DC 20460
Phone: 919-541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Washington, DC 20460
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AK74
3079. NSPS: SOCMI—WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 — SOCMI
Wastewater and Appendix J; 40 CFR 63
appendix C
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at the synthetic organic
chemical manufacturing industry plant.
Designated chemical process units, i.e.,
process lines or process units, would
be subject to the rule. Constructed,
reconstructed, or modified designated
chemical process units would be
required to apply appropriate controls
to affected wastewater tanks, surface
impoundments, containers, individual
drain systems, and oil and water
separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule andproposed to add
Appendix J to 40 CFR part 60. On
December 9, 1998, EPA published a
supplement to the proposed rule that
consisted of revised definitions,
alternative test procedures, and
clarifications of requirements. The final
rule encompasses the clarifications and
revisions to Subpart YYY and
Appendix J that will reduce emissions
of volatile organic compounds (VOC).
VOC, when emitted into the ambient
air, are precursors to the formation of
tropospheric ozone. A wide variety of
acute and chronic respiratory health
effects and welfare (agricultural,
ecosystem) effects have been attributed
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38188
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
to concentrations of ozone commonly
measured in the ambient air throughout
the U.S.
Timetable:
Action
Date FR Cite
NPRM (NSPS)
SuppNPRMt
Supp NPRM 2
NPRM (Appendix C
Amendments)
Final Action
09/12794 59FR46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
07/00/04
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3380.
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-4516
Fax: 919 541-0246
Email: kissell.mary@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax:919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AE94
3080. PERFORMANCE
SPECIFICATION 16-
SPECIFICATIONS AND TEST
PROCEDURES FOR PREDICTIVE
EMISSION MONITORING SYSTEMS IN
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/04
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN 4119.
Sectors Affected: 336399 All Other
Motor Vehicle Parts Manufacturing;
333618 Other Engine Equipment
Manufacturing; 33241 Power Boiler and
Heat Exchanger Manufacturing; 333611
Turbine and Turbine Generator Set
Unit Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, 1806A, Research
Triangle Park, NC 27711
Phone:919-541-1063
Fax: 202-564-7299
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
3081. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C); 40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Legal Deadline: None
Abstract: This action will amend the
existing regulation entitled Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR Part
60, promulgated on March 12, 1996.
The amendment is being undertaken in
response to requests to clarify our
intent regarding what constitutes an
adequate landfill gas treatment system.
This action also clarifies our intent to
exempt from control landfill gas that
is treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action
Date FR Cite
Proposed Amdmt 05/23/02 67 FR 36476
Supplemental NPRM 07/00/04
Final Action 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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: 919541-0246
Email: collins.jolynn@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AJ41
3082. 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.
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38189
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date FR Cite
08/00/04
02/00/05
Timetable:
Action
NPRM
Recmlatorv Fie
Date FR Cite
07/00/04
xibilitv Analvsis
Small Entities Affected: No
Government Levels Affected: Federal,
1 State
Additional Information: SAN 4620.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 4310.
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0859
Fax:919541-5689
Email: salman.dave@epamail.epa.gov
RIN: 2060-AI66
3083. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 Code of Federal
Regulations 63, Subpart LLL. The Sierra
Club and the National Lime Association
petitioned the court to review Subpart
LLL, while the American Portland
Cement Alliance (APCA) opted to
negotiate a settlement agreement. (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
[HC1], 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 HAmetals, for which
particulate matter (PM) is a surrogate.
This action will consist of amendments
to respond to the court remand.
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4585.
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5605
Fax:919541-5600
Email: barnett.keith@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone: 919-541-5596
Fax: 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AJ78
3084. 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
FR Cite
NPRM
Final Action
06/00/04
04/00/05
Sectors Affected: 331111 Iron and
Steel Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-2910
Fax:919541-5450
Email: melton.lula@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax:919541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AJ96
3085. 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(1) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The facilities
covered by the 112(d) standard and
under investigation in this project
include both bulk gasoline terminals
and pipeline breakout stations that emit
or at plant sites that emit major source
levels of airtoxics. Initial risk analyses
have determined that there are some
facilities with non-low risk. An ample
margin of safety demonstration is under
development.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4655.
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
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38190
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C439-03, Washington,
DC 20460
Phone: 919-541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK10
3086. 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
FR Cite
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4660.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-C439-02,
Washington, DC 20460
Phone: 919-541-5289
Fax:919541-5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
3087. 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 FR Cite
NPRM
05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 4662.
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C5 39-03, Research
Triangle Park, NC 27711
Phone: 919-541-2940
Fax:919541-5689
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AK18
3088. NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 7, 2003, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart JJ.
This source category covers air-toxic
emissions from wood-furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/04
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4667.
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax: 919541-5689
Email: dail.lynn@epamail.epa.gov
RIN: 2060-AK21
3089. 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38191
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 fordoing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
proded in the CAA.
Timetable:
Action
Date FR Cite
NPRM 04/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4782.
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone: 919-541-1167
Fax:919541-0840
Email: jenkins.scott@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK84
3090. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 Ib
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date FR Cite
NPRM 08/00/04
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4309.
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919-541-5460
Fax:919541-0072
Email: moore.bruce@epamail.epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919-541-5396
Fax: 919 541-0072
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AI62
3091. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: None
Abstract: Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce risk to public
health and welfare. The Clean Air Act
requires EPA to periodically revise
requirements to control emissions of
these pollutants from mobile sources.
EPA committed to this rulemaking in
the preamble of the last rulemaking on
this topic, promulgated on March 29,
2001.
This rule will address the need for
additional requirements, beyond those
associated with existing programs and
other forthcoming rules, to control
hazardous air pollutants (air toxics)
from motor vehicles, nonroad engines
and vehicles, and their fuels. Previous
mobile source programs for highway
and nonroad sources and fuels have
already reduced air toxics significantly
and will provide substantial further
reductions in coming years as new
standards and programs are phased in.
This mobile-source air toxics rule will
provide an overview of these mobile
source programs and associated toxics
emissions reductions. The rule will
then address potential changes to
gasoline fuel parameters to reduce
toxics such as benzene and the
potential for additional vehicle
controls. We are also considering
portable fuel container controls due to
their significant contribution to VOC
emissions overall anc the potential for
exposure to evaporati • <* benzene
emissions.
Timetable:
Action
FR Cite
NPRM
Final Action
01/00/J5
01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN 4748.
Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734-214-4584
Fax: 734 214-4050
Email:
lieske.christopher@epamail.epa.gov
RIN: 2060-AK70
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38192
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3092. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767 Ic
CFR Citation: 40 CFR 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4535.
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ63
3093. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-propylbromide (nPB) is an acceptable
substitute for class I and class II ozone
depleting substances used as solvents
for general metals, precision, and
electronics cleaning, as well as in
aerosol solvent and adhesives end uses.
This could provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. The rule also would propose
specific conditions on the use of nPB
as a solvent. These might include
limiting thespecific applications in
which it may be used to those with
low emissions and requiring exposure
limits consistent with industry
practices. This will ensure that nPB is
used in a manner that is safe and
environmentally protective. OSHA does
not currently regulate nPB. EPA would
revise our ruling to adopt whatever
OSHA requires if OSHA later regulates
the use of nPB. If finalized as proposed,
this rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date FR Cite
NPRM
NPRM Correction
NPRM for Coatings
Final Action
06/03/03 68 FR 33284
10/02/03 68 FR 56809
11/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4599.
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.
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: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9079
Fax:202 343-2342
Email: birgfeld.erin@epamail.epa.gov
RIN: 2060-AK26
3094. 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 767 Iq
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
determined as a percentage of total
production allowances assigned to US
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action establishes Article
5 allowances independently of total
production allowances.
Timetable:
Action
Date
FR Cite
NPRM 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4697.
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
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Proposed Rule Stage
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK4 5
3095. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Info./Admin./Other
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
5/2/02 and 5/22/03 we partially
approved and partially disapproved
Montana's SO2 SIP for Billings/Laurel.
EPA intends to propose a Federal
Implementation Plan (FIP) to cover
those parts of the State's plan we
disapproved. EPA's FIP will assure that
the Billings/Laurel area will attain and
maintain the S02 NAAQS.
Timetable:
Action
Date
FR Cite
NPRM
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 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@epamail.epa.gov
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Washington, DC 20460
Phone: 303-312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOO
3096. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511 (a) (2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/04
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
RIN: 2060-AE22
3097. AMBIENT AIR QUALITY
MONITORING REGULATIONS:
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: 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. States generally develop new
plans only when new monitoring is
needed, such as for a new NAAQS. The
regulations need to be revised to reflect
the roles of EPA and the state and local
agencies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/04
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4421.
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
URL For Public Comments:
oar-2004-0018
Agency Contact: Tim Hanley,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919-541-4417
Fax: 919541-1903
Email: hanley.tim@epamail.epa.gov
Michael Papp, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919-541-2408
Fax:919541-1903
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: papp.michael@epamail.epa.gov
RIN: 2060-AJ2 5
3098. 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 760l(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. We are
also adding a related re-proposal to
implement nationwide diesel fuel
content standards for nonroad,
locomotive and marine engines as it
applies to Alaska's rural areas.
Timetable:
Action
Date FR Cite
NPRM
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 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: 202-343-9473
Fax: 202 565-2085
Email: babst.richard@epamail.epa.gov
Mike Shields, Environmental Protection
Agency, Air and Radiation, 6406-J,
Washington, DC 20460
Phone: 202-564-9035
Fax: 202 565-2085
Email: shields.mike@epamail.epa.gov
RIN: 2060-AJ72
3099. 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 FR Cite
NPRM
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4547.
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205-02, EMC Building,
D205-02, Washington, DC 20460
Phone: 919-541-0443
Fax: 919 541-1039
Email: nowell.rima@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ83
3100. 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
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38195
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4584.
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, D243-02,
Research Triangle Park, NC 27711
Phone: 919-541-5635
Fax: 919541-1039
Email: parker.barrett@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AJ86
3101. 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 RFC 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 peril d. Today's
proposed actions would not
compromise the environmental goals of
the RFC program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
state/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 06/00/04
Regulatory Flexibility A .lysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4632.
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Email:
bennett.marilynis>epamail.epa.gov
RIN: 2060-AK02
3102. 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
adoption of new measurement
technologies by removing the need for
multiple method-specific rulemakings,
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
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 FR Cite
NPRM
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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: 202-343-9305
Fax: 202 233-9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
3103. 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 RFG program already
apply to California Phase 2 gasoline,
but additional exemptions are
necessary to cover Phase 3 gasoline.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4634.
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne—Marie
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9623
Email: pastorkovich.anne-
marie@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AK04
3104. TRANSPORTATION
CONFORMITY RULE AMENDMENTS
FOR NEW 8-HOUR OZONE AND
PM2.5 NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 51 and 93
Legal Deadline: None
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a state's plans for achieving the
air quality standards. These
amendments to the existing
transportation conformity rule are
necessary as a result of the new 8-hour
ozone and PM2.5 air quality standards.
The main issues that will be addressed
in these amendments are the regional
emissions tests that apply before new
SIPs are submitted and which
particulate matter provisions of the rule
apply to PM2.5.
Timetable:
Action
Date FR Cite
11/05/03 68 FR 62690
07/00/04
NPRM
Supplemental NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4811.
2060-AI56 was merged into this action
May 2004
Agency Contact: Meg Patulski,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4842
Fax: 734 214-4052
Email: patulski.meg@epamail.epa.gov
Angela Spickard, Environmental
Protection Agency, Air and Radiation,
NFEVL, Ann Arbor, MI 49105
Phone: 734-214-4283
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AL73
3105. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: These rules clarify when less
than significant emissions increases
from multiple activities at a single
major stationary source must be
considered together for the purposes of
determining major new source review
(NSR) applicability (aggregation). We
are also changing in the way emissions
from permitted emissions units
upstream or downstream from those
undergoing a physical change or change
in the method of operation are
considered when determining if a
proposed project will result in a
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
significant emissions increase
(debottlenecking). The rules also
provide an allowables plantwide
applicability limit (PAL) option that is
based on the allowable emissions from
major stationary sources. A PAL is an
optional approach that provides the
owners or operators of major stationary
sources with the ability to manage
facility-wide emissions without
triggering major NSR. The added
flexibility of a PAL allows sources to
respond rapidly to market changes
consistent with the goals of the NSR
program. The regulations for
aggregation and debottlenecking are
intended to improve implementation of
the program by articulating principles
for determining major NSR
applicability that were previously
addressed through guidance only. The
purpose of the allowables PAL rule is
to encourage major stationary sources
to install state-of-the-art controls in
exchange for regulatory certainty and
flexibility.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/04
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4793.
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park. NC 27711
Phone: 919-541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C33903, Washington, DC 20460
Phone: 919-541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
RIN: 2060-AL75
3106. CLEAN AIR INTERSTATE RULE;
FORMERLY TITLED INTERSTATE AIR
QUALITY RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7410(a)
CFR Citation: 40 CFR 51. 72, 75, 96
Legal Deadline: None
Abstract: Many pollutant types and
sources contribute to ambient levels of
fine particulate matter (PM2.5) and
ozone that exceed national air quality
standards, and to regional haze that
adversely affects visibility in federal
Class I areas. Some of these pollutants
may originate tens or hundreds of miles
from the areas where violations of the
national ambient air quality standards
are detected, from sources that are
outside the jurisdiction of the State that
is harmed. The Clean Air Act requires
that a State take steps to prevent
emissions from sources located within
its boundaries from interfering with a
downwind State's ability to meet air
quality standards, or interfering with
measures to protect visibility. EPA
believes it is important to address
interstate transport of PM2.5 and 8-
hour ozone prior to the time when
State plans addressing nonattainment of
the standards are completed, so that
States can rely on upwind reductions
when developing plans for attaining the
standards. The Bush Administration
has proposed Clear Skies legislation
that will help reduce interstate
transport of pollution from the largest
emitters in the power generation sector.
This mandatory program would
dramatically reduce sulfur dioxide
(SO2), nitrogen oxides (NOx), and
mercury by setting a national cap on
emissions of each pollutant from power
generators. Trading would provide
sources with flexibility to reduce their
emissions in most efficient and least
costly way. EPA prefers to address the
issue of transported pollution from
power generators through Clear Skies
legislation rather than rulemaking.
Because enactment of legislation is
inherently uncertain, in addition to
promoting legislation EPA is initiating
this rulemaking as a potential substitute
to achieve part of what would be
achieved by Clear Skies. Also, if
analysis warrants, this rulemaking
could supplement legislation by
addressing categories of emissions
sources not covered by the legislation.
Further, EPA will conduct updated
tranport analyses to determine whether
emission reductions beyond the
already-promulgated NOx SIP CaU (63
FR 57355) are warranted for purposes
of the 8-hour ozone standard. Under
the interstate air quality rule, EPA
would establish state-level emissions
reduction requirements for transported
pollutants, and offer compliance
flexibility in the form of an emissions
trading program.
Timetable:
Action Date FR Cite
NPRM 01/30/04 69 FR 4566
Supplemental NPRM 06/00/04
Notice of Data 08/00/04
Availability
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4794.
Agency Contact: Scott Mathias,
Environmental Protection Agency, Air
and Radiation, MD-15, C539-01,
Washington, DC 20460
Phone: 919-541-5310
Fax:919-541-0237
Email: mathias.scott@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Washington, DC 20460
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AL76
3107. SECTION 126 RULE: LIFTING
THE 8-HOUR STAY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline: Final, Statutory,
November 29, 2004, Statutory Final:
Must be signed and sent to the Hill
by 11/29/04 or the section 126 findings
will be triggered on 11/30/04.
Abstract: Section 126 of the CAA
allows States to petition EPA for a
finding that emissions from stationary
sources in other States significantly
contribute to nonattainment problems
in the petitioning State. If EPA
approves a petition, EPA would
establish Federal requirements for the
sources. In April 1999, EPA finalized
action on 8 petitions submitted by
Northeastern States for purposes of
mitigating interstate transport of NOx.
one of the main precursors of ground -
level ozone. Subsequent court rulings
caused EPA to stay the portion of the
rule based on the 8-hour ozone
standard. Now, the aforementioned
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Federal Register / Vol. 69, No. 123/Monday, Juae 28, 2004 /Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
court challenges have been resolved,
enabling EPA to lift the stay on the 8-
hour portion of the rule. This action
would accomplish the removal of that
stay and complete EPA's action on the
8-hour petitions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Addition ; Information: SAN 4095.1.
Split fro n RIN 2060-AH88.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919-541-S347
Fax: 919 541 -C :- •
Email: oldharr; a@epamail.epa.gov
RIN: 2060-AL -
3108. SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: In response to petitions
submitted by four Northeastern States,
in January 2000, EPA issued the
Section 126 Rule which required
sources in Michigan and certain other
States to reduce nitrogen oxides (NOx)
emissions for the purpose of reducing
interstate ozone transport. EPA
coordinated the Section 126 Rule with
another rule known as the NOx State
implementation plan (SIP) Call, which
also addresses ozone transport in the
eastern half of the United States. EPA
established a mechanism in the Section
126 Rule •> lereby the rule would be
withdraw! for sources in a State if the
State submitted, and EPA approved, a
SIP that complied with the NOx SIP
Call. This was a practical way to
address the overlap between the two
rules and avoid having sources be
subject to two sets of potentially
different NOx transport control
requirements. As the result of court
actions, the compliance dates for the
Section 126 Rule and the NOx SIP Call
have been delayed and the NOx SIP
C-i'.i has been divided into two phases.
T»i refore, in a separate action, EPA
proposed to revise the Section 126 Rule
withdrawal provision so that it will
continue to operate under these new
circumstances. Under that proposal,
wheie a State submits a NOx SIP that
meets only Phase 1 of the NOx SIP
Call, EPA would need tu make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. The EPA has
reviewed and isin the process of
approving the Michigan NOx SIP. In
this current action, EPA is proposing
that the SIP meets the newly proposed
Section 126 Rule withdrawal criteria,
and therefore, EPA is proposing to
withdraw the redundant Section 126
Rule for sources in Michigan.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN 4796.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15 Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax:919541-0824
Email: oldham.carla^V ; .imail.epa.gov
Doug Grano, Enviror•.••<•;> ital Protection
Agency, Air and Rad;. ion, C539-02,
Washington, DC 20450
Phone: 919-541-3292
Fax:919541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
3109. LIFTING THE STAY OF THE
EIGHT-HOUR PORTION OF THE
FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
(NOX SIP CALL)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan CaU (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District ; f Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for theDistrict of
Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245)
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing tolift the stay of our findings
in the NOx SIP Call contained in 40
CFR § 51.121 (a) (2), related to the 8-
hour ozone national ambient air quality
standards (NAAQS). This action does
not create any new requirements; it
merely reinstitutes a requirement of the
NOx SIP Call that had previously been
stayed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/05
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4797.
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919-541-5665
Fax:919541-0824
Email: king.jan@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919-541-3292
Fax: 919 541-0824
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38199
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL84
3110. AMENDMENTS TO LEATHER
FINISHING NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On February 27, 2002, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the Leather Finishing
Operations industry. EPA was
subsequently petitioned by two affected
facilities concerning the definition of
specialty leather. EPA has engaged in
negotiations with these facilities
concerning the definition and is issuing
these technical corrections to address
the concerns. The amendments to the
rule will clarify the definition of
specialty leather and provide a means
of determining what kinds of leather
meet the definition of specialty leather.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4802.
Agency Contact: William Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax:919541-3470
Email: schrock.bill@epa.gov
Andrew Waite, Environmental
Protection Agency, Air and Radiation,
C504-04, Washington. DC 20460
Phone: 214-665-7332
Fax:919541-3470
Email: waite.andrew@epamail.epa.gov
RIN: 2060-AL89
3111. PROTECTION OF
STRATOSPHERIC OZONE;
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT; CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
Abstract: Although an allowance
allocation system for controlling
hydrochlorofluorocarbon (HCFC)
production, import, and export was
established with publication of the final
rule on January 21, 2003 (SAN 4120,
RIN 2060-AH67), several issues
associated with that system have arisen
that need to be amended for clarity and
consistency.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4804.
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9215
Fax: 202-343-2337
Email: au.vera@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation. 6205J.
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL90
3112. AMENDMENTS TO THE NESHAP
FOR CELLULOSE PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On July 11. 2002. EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the Cellulose Products
Manufacturing industry. The EPA was
subsequently petitioned by two affected
facilities concerning several issues. The
EPA has engaged in negotiations with
these facilities concerning the issues
and is issuing these amendments to
address the concerns. The amendments
clarify several definitions and provide
clearer and consistent directions on
complying with the standards.
NPRM 08/00/04
Final Action 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4808.
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5032
Email: schrock.bill@epamail.epa.gov
Andrew Waite, Environmental
Protection Agency, Air and Radiation,
C504-04, Washington, DC 20460
Phone:214-665-7332
Fax:919541-3470
Email: waite.andrew@epamail.epa.gov
RIN: 2060-AL91
3113. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 POUNDS AND IN-USE,
NOT-TO-EXCEED EMISSION
STANDARD TEST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767 Iq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is proposing to establish
On-Board Diagnostic (OBD)
requirements for Heavy-Duty On-
Highway and Non-Road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action will
also propose to require manufacturers
of these vehicles and engines to make
available emissions-related service
information to after market service
providers. OBD systems are intended to
monitor the performance of emission
• controls on these vehicles and engines
to ensure proper functionality and
compliance with emissions standards.
This notice also proposes a
manufacturer run in use testing
program for heavy-duty engines and
vehicles to assess compliance with the
applicable not to exceed standards
beginning in 2007. This portion of the
notice has a court-ordered date for May
2004 and final May 2005 as a result
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
of a settlement between EPA, ARE, and
Engine Manufacturers.
Timetable:
Action
Date
FR Cite
NPRM
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4809.
Agency Contact: Arvon Mitcham,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4522
Fax: 734 214-4053
Email: mitcham.arvon@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 734-214-4288
Fax: 734 214-4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
3114. PROTECTION OF
STRATOSPHERIC OZONE: QUANTITY
ALLOCATION OF METHYL BROMIDE
FOR CRITICAL USE EXEMPTIONS
AFTER THE PHASEOUT
Priority: Other Significant
Legal Authority: PL 105-277, sec 764
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to allocate quantities of
methyl bromide for critical use
exemptions to entities within the
United States based on amounts of
methyl bromide authorized by the
Parties to the Montreal Protocol for use
after the 2005 phase-out date. This
action is a deregulatory action that will
reduce burden on producers, importers,
distributors and applicators of methyl
bromide as well as end-users of methyl
bromide who are growers and owners
of stored food products.
Timetable:
Action
Date
FR Cite
NPRM 10/00/04
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4820.
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9321
Fax: 202 343-2337
Email: montoro.marta@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AL95
3115. 5-YEAR REVIEW OF MACT
STANDARDS FOR LARGE MWC
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, April
28, 2006.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
large municipal waste combustion units
(MWC). Those MACT standards have
been adopted and fully implemented
with all retrofits completed. Section
129 (a) (5) of the CAA requires EPA to
review and, if necessary, revise those
standards every 5 years. This
rulemaking addresses those
requirements and is the first 5-year
review of the MACT standards.
Implementation of these MACT
standards has been highly effective and
has reduced dioxin/furan emissions by
more than 99 percent since 1990 and
mercury emissions by more than 95
percent since 1990. Similar reductions
have occurred for other CAA section
129 pollutants.
Timetable:
Action
NPRM
Final Action
Date
11/00/04
05/00/06
FR Cite
Government Levels Affected:
Undetermined
Additional Information: SAN 4829.
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C-439-01, Washington,
DC 20460
Phone: 919-541-5264
Fax: 919541-5450
Email: stevenson.walt@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Washington, DC 20460
Phone: 919-541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AL97
3116. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60, 61, and 63
Legal Deadline: None
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) under the Clean Air
Act. These regulations are codified at
40 CFR Part 60, 61, and 63. These
regulations require periodic leak
detection and repair (LDAR) of pumps
and valves. The current work practice
requires each pump and valve to be
individually monitored for leaks.
Facilities have had LDAR programs in
place for nearly 20 years and view
them as burdensome because they are
labor intensive.Newer laser based
monitoring technology is being
developed which will detect leaks at
a reduced costs because of the ability
to monitor multiple components at one
time. This rule would amend the
existing regulations to enable the plant
operators to use the new technology.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4830.
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38201
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-B, Washington,
DC 20460
Phone: 919-541-0837
Fax:919541-0942
Email:
markwordt.david@epamail.epa.gov
RIN: 2060-AL98
3117. • NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of the promulgated rule. We will
correct errors in the compliance dates
for the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/04
11/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
Tribal
Additional Information: SAN 4846.
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-5671
Fax: 919541-0246
Email: collins.jolynn@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM08
3118. • ADDITION OF CO EMISSION
LIMIT FOR LARGE MWC USING FLUID
BED COMBUSTION TECHNOLOGY
(SECTION 129)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 and 62
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA adopted air emission
regulations ("emission guidelines") for
both large and small existing municipal
waste combustors (MWC). The emission
guidelines were adopted under the
CAA section 129 and were based on
the application of maximum achievable
control technology. The emission
guidelines for large MWC were adopted
in December 1995, and the emission
guidelines for small MWC were
adopted in December 2000. The
emission guidelines are implemented
through State plans developed under
CAA section lll(d)/129. Where a State
plan has not been developed, a Federal
plan implements the emission
guidelines. The emission guidelines for
both large and small MWC include
application of good combustion
practices (GCP) to minimize the
generation of air pollutants during
combustion. The GCP includes
emission limits for CO. The emission
guidelines include different CO limits
for different combustor types. The
emission guidelines for small MWC
included a unique CO limit for
fluidized bed combustion technology
firing mixtures of wood and municipal
waste (mixed fuels). The guidelines for
large MWCs did not include such a
unique CO limit because this there
were no known large MWCs that used
this technology. In late 1999, an
enforcement action determined an
MWC classified as a small MWC was
actually a large MWC. The EPA
reclassified that MWC as a large MWC,
and it was therefore required to meet
the large-MWC guidelines. However,
the large MWC emission guidelines do
not currently contain a unique CO limit
for this combustor type, and so the
unique limit must be added by
amending the original guidelines. This
rulemaking action would add a unique
CO limit to the large MWC guidelines
(subpart Cb) and Federal Plan (subpart
FFF). The CO limit we propose to add
is the same 200 ppmV CO limit
contained in the small MWC emission
guidelines.
Timetable:
Action
Date FR Cite
NPRM Amendments
DFRM Amendments
06/00/04
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4844.
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C-439-01, Washington,
DC 20460
Phone: 919-541-5264
Fax:919541-5450
Email: stevenson.walt@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Washington, DC 20460
Phone: 919-541-1045
Fax:919541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM11
3119.* NESHAP: AREA SOURCE
STANDARDS—ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: The Clean Air Act requires
the EPA to list source categories that
contribute to the emissions of 30 listed
(or area source) HAPs, and that are, or
will be, subject to standards under
section 112 of the Act. Sterilization
processes use ethylene oxide which is
one of the 30 listed HAPs. Hospital
sterilization is a major source of
ethylene oxide relative to other are
source categories considered for listing.
Timetable:
Action
Date
FR Cite
NPRM 04/00/05
Final Action 04/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4859.
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-B, Washington,
DC 20460
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919-541-0837
Fax: 919541-0942
Email:
markwordt.david@epamail.epa.gov
RIN: 2060-AM 14
3120. • PROTECTION OF
STRATOSPHERIC OZONE:
RESTRICTION ON THE SALES OF
PRE-CHARGED SPLIT SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On January 27, 1995, the
Environmental Protection Agency (EPA)
temporarily stayed the sales and
distribution restriction for class I and
class II ozone-depleting substances
(ODSs) used as refrigerants, as it
applies to refrigerant contained in
appliances without fully assembled
refrigerant circuits (i.e., split system air
conditioners). On May 9, 1995, EPA
extended the stay on the sales and
distribution prohibition for class I and
class II ODSs used as refrigerants, only
as it applies to split systems consisting
of parts that are pre-charged with a
class I or class II ODS. Today's action
proposes to rescind the partial stay, and
proposes to restrict the sale of split
systems consisting of parts that are pre-
charged with a class I or class II ODS,
to section 608 technicians certified in
accordance with the applicable
refrigerant regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/30/04
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4851.
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9313
Fax: 202-564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM15
3121. • CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
IN-USE, NOT-TO-EXCEED EMISSION
STANDARD TESTING FOR
HEAVY-DUTY DIESEL ENGINES AND
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 86; 40 CFR 1065
Legal Deadline: NPRM, Judicial, June
3, 2004, Lawsuit settlement agreement
regarding not-to-exceed (NTE)
emission standards, engine
manufacturers vs. EPA.
Final, Judicial, May 1, 2005, Lawsuit
settlement agreement regarding
not-to-exceed (NTE) emission
standards, engine manufacturers vs.
EPA.
Abstract: EPA and the Engine
Manufacturers Association reached a
lawsuit settlement agreement that will
result in a manufacturer-run, in-use
emissions testing program for heavy-
duty diesel trucks. Manufacturers will
monitor compliance with certain
emission standards, called the Not-to-
Exceed (NTE) standards, by testing in-
use diesel engines during normal
vehicle operation using portable
emission measurement systems for the
first time.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/04
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4845.
Agency Contact: Rich Wilcox,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4390
Email: wilcox.rich@epamail.epa.gov
Rick Gezelle, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-343-9267
Email: gezelle.rick@epamail.epa.gov
RIN: 2060-AM17
3122. • PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
originally submitted the petition in
April of 1997. EPA suspended review
of the petition pending the completion
of 2-generation reproductive effects
study. The study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: the results of the 2-
generationreproductive effects study, a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling and an analysis of potential
transformation products. Based on this
new submission, the ACC requests that
EPA reopen its review of the MIBK
petition.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/05
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4849.
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone:919-541-5416
Fax:919541-0840
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax:919541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AM20
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38203
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3123. • AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEW 8-HOUR OZONE
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40CFR51
Legal Deadline: None
Abstract: We propose to amend the
current vehicle inspection and
maintenance (I/M) rule to establish
deadlines for areas newly required to
begin I/M testing as a result of their
classification under the 8 hour ozone
standard. Specifically, the amendments
will address: the deadline for
submitting I/M State Implementation
Plans (SIPs) for those new areas; the
deadline for the new program start-up;
and the model year coverage and
evaluation timeframes associated with
new programs that willl potentially be
required as part of EPA's
implementation of the 8-hour ozone
standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/04
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN 4854.
Agency Contact: Dave Sosnowski,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4823
Fax: 734 214-4906
Email:
sosnowski.dave@epamail.epa.gov
Joe Pedelty, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 734-214-4410
Email: pedelty.joe@epamail.epa.gov
RINi 2060-AM21
3124. • NESHAP: HYDROCHLORIC
ACID PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 740let seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On April 17, 2003, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for the Hydrochloric Acid
Production industry. Subsequent to
promulgation, EPA received a number
of concerns and issues from the
industry related to technical
corrections, definitions, and
applicability matters. The EPA is
amenable to making many of the
suggested corrections but believe that
proposal of the changes is necessary.
In addition, the OSWER would like to
include the storage and transfer
operations at sources subject to their
HC1 production rule to the subpart
NNNNN rule which would also require
proposal. The amendments are
expected to have little or no impact on
the plants now covered by the HC1
production rule. No adverse economic
impacts are expected, the total
nationwide capital and annual costs
associated with the amendments are
negligible. No price impacts are
projected. No significant impacts on a
substantial number of small entities are
expected.
Timetable:
Action
Date FR Cite
NPRM
07/00/04
Legal Deadline: None
Abstract: This notice describes a
strategy for addressing air emissions
from animal feeding operations (AFOs).
In this notice, we summarize the public
concerns that have been raised about
emissions from AFOs and explain the
substantial scientific uncertainties
pertaining to emission levels, public
health and welfare effects, and
emission control techniques for this
industry. Resolving all the uncertainties
will require substantial time and
research. Nevertheless, some cost
effective management practices for
reducing emissions are available today,
and the use of these practices will
mitigate some of the adverse effects of
these emissions. Early public input on
a set of goals for an emission control
program for AFOs and on an intended
regulatory approach to begin reducing
AFO emissions and solving some of the
environmental problems based on
information that is available today.
Timetable:
Action
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4867.
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-5430
Fax:919541-5450
Email: maxwell.bill@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Washington, DC 20460
Phone: 919-541-1045
Fax:919541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM25
3125. • STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: Not Yet Determined
Date FR Cite
NPRM
Final Action
09/00/04
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4865.
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5032
Email: schrock.bill@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AM26
3126. • REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive. Nonsignificant
Legal Authority: 42 USC 7545(c); 42
USC 7545(k)
CFR Citation: 40 CFR 80
Legal Deadline: None
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38204
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: This rule codifies existing
guidance for transmix processors and
blenders in the Reformulated Gasoline
regulations. Transmix is a mixture of
gasoline and distillate produced by
pipelines - transmix processors distill
the transmix into separate gasoline and
distillate products, and transmix
blenders blend small amounts of
transmix into gasoline. The rule also
establishes gasoline sulfur standards for
transmix processors and blenders that
are consistent with the sulfur standards
for other entities downstream of
refineries, such as pipelines and
terminals, in the gasoline distribution
system. The rule will provide
operational flexibility for transmix
processors and blenders without
causing any adverse environmental
impacts.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4853.
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-343-9037
Fax: 240 363-8260
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
3127. • NESHAP: SITE REMEDIATION;
AMENDMENTS
Priority: Routine and Frequent
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. This action is intended to
revise language in the final rule to
correct errors or language that doesn't
reflect our intent.
Timetable:
Action
Date
FR Cite
NPRM 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4866.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C4 39-04, Washington,
DC 20460
Phone: 919-541-3078
Fax:919541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax:919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM30
3128. • EXEMPTION OF AREA
SOURCES FROM TITLE V OPERATING
PERMIT PROGRAM
Priority: Other Significant
Legal Authority: Clean Air Act sec 502
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This action would implement
the Agency's decision on whether to
require title V permits for six area
(nonmajor) sources subject to air toxic
requirements under Clean Air Act. The
affected source categories are: dry
cleaners, halogenated solvent
degreasers, chrome plating, ethylene
oxide sterilizers, secondary lead, and
secondary aluminum. Under the Act,
these sources are subject to operating
permit programs; however, EPA may
exempt them from such programs if it
finds that permitting would be
impracticable, infeasible or
unnecessarily burdensome on the
sources. This action makes these
findings for all categories except
secondary lead and presents them for
public comment. Secondary lead would
remain subject to permitting because it
few area sources are affected and most
have already been permitted.
Timetable:
Action
Date
FR Cite
NPRM 11/00/04
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4868.
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, C304-03, Washington,
DC 20460
Phone:919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AM31
3129. • CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
AMENDMENTS TO EVAPORATIVE
EMISSIONS REGULATIONS AND
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 9; 40 CFR 86
Legal Deadline: None
Abstract: This action includes
technical amendments to several
portions of certification requirements
and test procedures applicable to light-
duty vehicles, light duty trucks, and
heavy-duty vehicles. These
amendments include minor revisions to
clarify regulations. These amendments
also include revisions to the
evaporative compliance procedures,
which are intended to reduce the
certification burden associated with
conducting 2-day, 3-day, and ORVR
procedures without affecting the level
of stringency, ref. EPA guidance letter
CCD-02-20, December 31, 2002;
(Subject: Request for Comments on
Potential Evaporative Regulation
Changes; Evaporative Guidance for
Certification and In-use Testing).
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
12/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4880.
Agency Contact: Julia Rege,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4614
Fax: 734 214-4053
Email: rege.julia@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38205
EPA—Clean Air Act (CAA)
Proposed Rule Stage
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 734-214-4851
Fax: 734 214-4053
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
3130. • PREVENTION OF SIGNIFICANT
DETERIORATION FOR NITROGEN
OXIDES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: None
Legal Deadline: NPRM, Judicial,
September 30, 2004.
Final, Judicial, September 30, 2005.
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration of air quality due to
emissions of nitrogen oxides. On
October 17, 1988, EPA promulgated
regulations which included maximum
allowable increases in ambient nitrogen
dioxide concentrations (NO2
increments) allowed in an area above
the baseline concentration. Following
promulgation, the Environmental
Defense (formerly the Environmental
Defense Fund) filed a petition asking
the Court to order EPA to remand the
regulations and to impose an
immediate deadline of two years for
promulgating new regulations. In 1990,
the Court did not impose a deadline
but remanded the case for EPA to
develop an interpretation of Section
166 that considered the statutory
provisions contained in subsections (c)
and (d), and if necessary to take new
evidence and modify the regulations. In
July 2003, Earthjustice, on behalf of
Environment Defense, asked the Court
to put EPAon an enforceable schedule
to issue new regulations under the
original court remand. Consequently,
EPA agreed to a two-year schedule for
promulgating such regulations by
September 30, 2005. At a minimum, the
regulations will provide EPA's
interpretation of the statutory
requirements for developing adequate
increments to prevent significant
deterioration for nitrogen oxides. Based
on our interpretation, we will consider
the need for revising the existing
increments for nitrogen dioxide,
including both an annual and short-
term averaging period, and the
regulation of other nitrogen oxide
compounds other than nitrogen
dioxide.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/04
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 4881.
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919-541-5593
Fax:919541-5509
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AM33
3131. • CONTROL OF EMISSIONS
FROM SPARK-IGNITION ENGINES
AND FUEL SYSTEMS FROM MARINE
VESSELS AND SMALL EQUIPMENT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7521 to
7601 (a)
CFR Citation: 40 CFR 90
Legal Deadline: NPRM, Statutory,
December 1, 2004.
Final, Statutory, December 31, 2005.
Abstract: In this action, we are
proposing exhaust emission standards
for spark-ignition marine engines and
small land-based engines (<19 kW). We
are also proposing evaporative emission
standards for vessels and equipment
using these engines. Nationwide, these
emission sources contribute to ozone,
carbon monoxide (CO), and particulate
matter (PM) nonattainment. These
pollutants cause a range of adverse
health effects, especially in terms of
respiratory impairment and related
illnesses. The proposed standards
would help States achieve and
maintain air quality standards. In
addition, these standards would help
reduce acute exposure to CO, air toxics,
and PM.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4882.
Agency Contact: Glenn Passavant,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
3132. • TEST PROCEDURES FOR
HIGHWAY AND NONROAD ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 1065
Legal Deadline: None
Abstract: This regulation aims to
harmonize test procedures from the
various EPA programs for controlling
engine emissions. It will not address
emission standards, nor will it lead to
additional emission reductions. Rather,
it will amend 40 CFR part 1065, which
contains laboratory specifications for
equipment and test fuels, instructions
for preparing engines and running tests,
calculations for determining final
emission levels from measured values,
and instructions for running emission
tests using portable measurement
devices outside the laboratory. This
action is needed because EPA has
historically drafted a full set of testing
specifications for each vehicle or
engine category subject to emission
standards as each program was
developed over the past three decades.
This patchwork approach has led to
some variation in test parameters across
programs, which we hope to address
by adopting a common set of test
requirements. The primary goal of this
effort is to create unified testing
requirements for all engines, which
when implemented will streamline
laboratory efforts for EPA and industry.
This action will also include other
technical changes intended to clarify
and better define requirements, which
in some cases will increase
manufacturers' flexibility and decrease
burden.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/04
12/00/05
NPRM
Final Action
07/00/04
07/00/05
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38206
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4883.
Agency Contact: Glenn Passavant,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM35
3133. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The final rule was published
on November 10, 2003. Several parties
petitioned the rule and this action will
address issues raised by the petitioners.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4891.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone:919-541-5402
Email: mcdonald.randy@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AM43
3134. • FLEXIBLE AIR PERMIT RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title V
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: EPA is conducting a flexible
permits rulemaking based on what it
has learned from its experiences with
flexible permitting over the past
decade. The term "flexible permit" is
used to describe air permits with
conditions designed to reduce the
administrative "friction"—costs, time,
delay, uncertainty, and risk—
experienced by sources and permitting
authorities when implementing a
permit or making changes under the
permit. This is accomplished by
allowing a source to make certain types
of advanced approved changes (e.g.,
modifications to a source's method of
operation, equipment, raw materials,
emission factors, monitoring
parameters, and/or the addition of new
equipment capacity) without requiring
additional permitting or approval,
provided the source meets certain
criteria outlined in its operating and
relevant construction permits. Such
criteria might include the maintenance
of plant-wide emissions levels below
enforceable caps and application of
certain control approaches. Over
thepast decade, the EPA and State and
local permitting authorities have
piloted specific permitting techniques
and tools to accomplish advance-
approval for certain types of changes
that might take place over the course
of a permit term. While chosen
solutions will depend on individual
State permitting rules and
requirements, such techniques typically
include: descriptions of advance-
approved changes or categories of
changes in the permit; procedures for
testing pollution control device
performanceand updating emission
factors or parameter values without
requiring the permit to be amended or
reopened; elimination of redundant
requirements by applying the most
stringent applicable requirement;
provisions to explicitly encourage
pollution prevention; and one or more
emission caps to safeguard relevant
ambient standards and increments.
Flexible permitting has the potential to
benefit a wide variety of types of
facilities that are regulated under the
Clean Air Act's title V operating
permits program. Among the benefits
flexible permits are anticipated to
provide are: improved knowledge of a
facility's emissions for the entire site
and of its compliance status; improved
public understanding of a facility's
activities over an extended period,
(each proposed advance approval must
describe the type and magnitude of the
potential emissions increases that can
occur); a better perspective of the type
and amount of planned growth at a
facility, at a time when public comment
can influence the direction of the
proposed changes; increased
environmental protection from the use
of emission caps, which limit future
emissions increases and, in some cases,
reduce overall emissions; and increased
use of better add-on control devices
and/or pollution prevention practices,
which allow industry flexibility to
adjust their processes as necessary to
remain under an emissions cap.
Timetable:
Action
Date
FR Cite
NPRM 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4885.
Agency Contact: Chad Carbone,
Environmental Protection Agency, Air
and Radiation, 1807 T, Washington, DC
20460
Phone: 202-566-2178
Fax:202566-2211
Email: carbone.chad@epamail.epa.gov
Anna Wood, Environmental Protection
Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202-564-1664
Fax: 202 564-1554
Email: wood.anna@epamail.epa.gov
RIN: 2060-AM45
3135. • NATIONAL VOLATILE
ORGANIC COMPOUND EMISSION
STANDARDS FOR ARCHITECTURAL
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 59 subpart D
Legal Deadline: None
Abstract: This action would amend the
national volatile organic compound
emission standards for architectural
coatings by adding new coating
categories for certain coating
chemistries which did not exist when
the original rule was promulgated. We
are reviewing new data from one
architectural coating manufacturer and
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38207
EPA—Clean Air Act (CAA)
Proposed Rule Stage
after this review, we will determine if
these amendments are necessary.
Timetable:
Action
Date
FR Cite
NPRM
01/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4905.
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax:919541-5689
Email: salman.dave@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AM47
3136. • CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767 Iq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This action proposes to
establish a new lubricity quality
requirement for ultra low sulfur diesel
fuel used in diesel engines. This
requirement will seek to eliminate the
incidence of emissions non-compliance
due to premature wear of fuel injection
equipment caused by inadequate fuel
lubricity levels.
Timetable:
Action
Date
FR Cite
NPRM
FRM
12/00/04
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4899.
Agency Contact: Chris Laroo,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4937
Fax: 734 214-4055
Email: laroo.chris@epamail.epa.gov
RIN: 2060-AM48
3137. • PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: None
Legal Deadline: None
Abstract: EPA is amending the rule on
refrigerant recycling equipment
intended for use with Substitute
Refrigerants: EPA is amending the rule
on refrigerant recycling, promulgated
under section 608 of the Clean Air Act,
to clarify how the requirements of
section 608 extend to refrigerant
recovery and/or recycling equipment
intended for use with substitutes for
CFC and HCFC refrigerants.
Timetable:
Action
Date FR Cite
NPRM 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4916.
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9126
Fax: 202 343-2338
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM49
3138. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2005
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671 q
CFR Citation: 40 CFR 82.4(n)
Legal Deadline: None
Abstract: This rule will allocate
essential use allowance for import and
production of class I stratospheric
ozone depleting substances (ODSs) for
calendar year 2005. Essential use
allowances enable a person to obtain
controlled class I ODSs as an
exemption to the regulatory ban on
production and import of these
chemicals, which became effective on
January 1, 1996. EPA allocates essential
use allowances for exempted
production or import of a specific
quantity of class I ODSs solely for use
in medically essential asthma inhalers.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4893.
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9712
Fax: 202 343-2338
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM50
3139. • PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7601,
7671 to 767Iq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending appendix
D to subpart F of 40 CFR part 82-
Standards for Becoming a Certifying
Program for Technicians. The
Refrigerant Recycling Regulations
governing standards for certifying
programs for technicians were
promulgated under section 608 of the
Clean Air Act Amendments of 1990
(May 1994; 59 FR 28660). These
regulations were amended in November
9, 1994 (59 FR 559120) to clarify the
scope of the technician certification
requirements and to provide a limited
exemption from certification
requirements for apprentices. Today's
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38208
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
amendment to the regulation will
provide specific requirements for
programs applying to become certifying
organizations, will specify reporting
and recordkeeping requirements in
order to enhance implementation of the
program, and will define other
administrative components of the
program to improve accountability.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4901.
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9126
Fax: 202 343-2338
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM55
3140. « PROTECTION OF
STRATOSPHERIC OZONE:
EXTENSION OF THE LABORATORY
AND ANALYTICAL USE EXEMPTION
FOR ESSENTIAL CLASS I OZONE
DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule extends the period
of applicability of an existing
exemption to the ban on import and
production of class I ozone depleting
substances (ODSs), authorized by the
Montreal Protocol on Substances that
Deplete the Ozone Layer and consistent
with the Clean Air Act Amendments.
The exemption applies to production
and import of ODSs for essential
laboratory and analytical uses as
defined by the Montreal Protocol. The
Montreal Protocol has permitted this
exemption since 1994. At the 2003
Meeting of the Parties, the Parties took
Decision XV/8, which extended the
period of the exemption through
December 31, 2007. EPA is updating its
regulations to incorporate Decision
XV/8. The rule also proposes to make
typographical changes to its regulations
for the essential use program. Earlier
rules published by EPA shifted the
paragraph order but did not update all
of the references to deleted paragraphs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4894.
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9712
Fax: 202 343-2338
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM56
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3141. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
NPRM
Notice
Reproposal
Regulatory Flexibility Analysis
Required: No
09/08/99 64 FR 48725
01/26/00 65 FR4244
03/00/05
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4315.
Formerly listed as RIN 2060-AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
Washington, DC 20460
Phone:415-947-4106
Fax: 415-947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3142. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Four Corners
Plant, respectively. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
09/08/99 64 FR 48731
03/00/05
NPRM
Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38209
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN 3569.
NPRM-
http://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AERS,
Washington, DC 20460
Phone:415-947-4106
Fax:415-947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1, Washington, DC 20460
Phone:520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
3143. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; "CAAA
112(g)or(q)"
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS-PC or any other procedures for
which EPA has granted prior approval.
Since promulgation of Subparts H and
I, EPA has developed an additional
model, GENII-NESHAPS, which is
suitable for regulated entities to use to
determine compliance, in addition to
the currently-approved models
mentioned above. The model was
developed to incorporate the internal
dosimetry models recommended by the
International Commission on
Radiological Protection (ICRP) and the
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPs has
undergone Science Advisory Board
(SAB) review. In this direct final rule,
EPA is updating Subparts H and I to
include GENII-NESHAPS as an
approved compliance model.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 4768.
Agency Contact: Eleanord Thornton,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9773
Fax: 202 343-2065
Email:
thornton.eleanord@epamail.epa.gov
RIN: 2060-AK81
3144. 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
(ISC 3) 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 re-proposing it to reflect changes
made in response to public comment
we received on the April 2000
proposal.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
04/21/00 65 FR 21505
09/08/03 68 FR 52934
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3470.1.
Split from RIN 2060-AF01.
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, C302-02, Research
Triangle Park, NC 27711
Phone: 919-541-0832
Email: coulter.tom@epamail.epa.gov
Mark Evangelista, Environmental
Protection Agency, Air and Radiation,
D243, Research Triangle Park, NC
27711
Phone: 919-541-2803
Email:
evangelista.mark@epamail.epa.gov
RIN: 2060-AK60
3145. 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, -.
Final, Judicial, February 27, 2004,
consent decree.
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38210
Federal Register /Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 reciprocating internal
combustion engine (RICE) MACT was
published in the Federal Register on
December 19, 2002. A public hearing
was held on January 21, 2003 and the
public comment period closed on
February 18, 2003. Comments and data
received during the comment period
are being evaluated. The anticipated
date of the final RICE rule being signed
by the Administrator is February 27,
2004.
Timetable:
Action
Date
FR Cite
NPRM 12/19/02 67 FR 77830
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN 3656.
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5263
Fax: 919541-5450
Email: roy.sims@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Washington, DC 20460
Phone: 919-541-1045
Fax:919541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AG63
3146. 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, -.
Final. Judicial, February 27, 2004,
consent decree.
Abstract: The Clean Air Act. as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Industrial boilers,
institutional/commercial boilers and
process heaters are among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. EPA promulgated an NSPS for
these source categories in 1987 and
1990. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/13/03 68 FR 1660
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 3837.
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C4 39-01, Washington,
DC 20460
Phone: 919-541-5426
Fax:919541-5450
Email: eddinger.jim@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax:919541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AG69
3147. PROT. OF STRAT. OZONE:
UPDATE OF THE SUBSTITUTES LIST
UNDER (SNAP) PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 767l(k) "CAA 612"
CFR Citation: 40 CFR 82; 40 CFR 9
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final
Notice 1
NPRM1
Notice 2
Final 1
Notice 3
Notice of Prop
Settlement
Notice: Denial 1
NPRM 2
Notice 4
Final 2
NPRM 3
Notice: Denial 2
Notice 5
Final 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Notice: denial 3
Interim Final 7
Interim Final 8
ANPRM 12
NPRM 6
Final 5
ANPRM 12: Correct.
NPRM 6: Correct
Final 4
Notice 10
Notice 11
Notice 12
Final 6
Notice 13
NPRM 10 Foams
Notice 14
Correction Notice 14
NODArule 10 foams
Notic15
NPRM 9 Rescind Rule
Notice 16
Final 10 Foams
Notice 17
Notice 17 Con-
Date FR Cite
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 49108
01/13/95 60FR3318
06/13/95 60 FR 31092
07/28/95 60 FR 38729
09/22/95 60 FR 49275
09/25/95 60 FR 49407
10/02/95 60 FR 51383
02/08/96 61 FR 4736
05/22/96 61 FR 25585
05/22/96 61 FR 25604
09/03/96 61 FR 51018
09/05/96 61 FR 47012
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
01/21/99 64 FR 3272
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8043
02/18/99 64 FR 8038
03/03/99 64 FR 10373
03/25/99 64 FR 14417
03/25/99 64 FR 14417
04/28/99 64 FR 22981
06/08/99 64 FR 30410
12/06/99 64 FR 68039
04/11/00 65 FR 19327
04/26/00 65 FR 24387
06/19/00 65 FR 37900
07/11/00 65 FR 42653
12/18/00 65 FR 78977
03/07/01 66 FR 13655
05/23/01 66 FR 28408
05/23/01 66 FR 281 79
01/29/02 67 FR 4222
03/22/02 67 FR 13272
07/22/02 67 FR 47703
12/20/02 67 FR 77927
04/07/03 68 FR 16728
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38211
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
08/21/03 68 FR 50533
03/10/04 69 FR 11358
Notice 18
NODAforrulelO
Foams
(HCFC-141b)
Final 10 Foams 07/00/04
(HCFC-141b)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3525.
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9005
Fax: 202-565-2095
Email: cohen.jeff@epamail.epa.gov
RIN: 2060-AG12
3148. 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-
, 1,1,2,3,4,4,5,5,6,6,6-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 propellants,
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
FR Cite
NPRM
Final Action
09/03/03 68 FR 52373
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4683.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919-541-3356
Fax:919541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Washington, DC 20460
Phone: 919 541-5245
Fax:919541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AK37
3149. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601 (a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 2915.
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax: 919541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AF83
3150. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/22/93 58 FR 61639
07/00/04
NPRM 12/08/97 62 FR 64532
Final Action 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN 3900.
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AG88
3151. CLEAN AIR OZONE
IMPLEMENTATION RULE (PART 1
AND 2)
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7408; 42 USC
7410; 42 USC 7501-751 If; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This rule would provide
specific requirements for State and
local air pollution control agencies and
Tribes to prepare State implementation
plans (SIPs) and Tribal Implementation
Plans (TIPs) under the 8-hour national
ambient air quality standard (NAAQS)
for ozone, published by EPA on July
18, 1997. The Clean Air Act (CAA)
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 FR Cite
NPRM 06/02/03 68 FR 32802
Final Action (Phase 1) 04/30/04 69 FR 23951
Final Action (Phase 2) 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN 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@epamail.epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919-541-5550
Fax:919541-0824
Email: gerth.denise@epamail.epa.gov
RIN: 2060-AJ99
3152. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR PART 60, APPENDIX F,
PROCEDURE 3)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, -.
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date FR Cite
NPRM 10/07/92 57FR46114
Supplemental NPRM 05/08/03 68 FR 24692
Final Action 10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3958.
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax:919541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AH23
3153. 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 isgreater than the 3 percent excess
emissions threshold. The EPA is
reconsidering the COM requirements,
and may amend the NSPS to add
alternative monitoring requirements.
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Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/16/02 67 FR 64014
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4555.
Agency Contact Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-2364
Fax:919541-5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax: 919 541-3207
Email: fiiih.steve@epamail.epa.gov
RIN: 2060-AJ68
3154. 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
FR Cite
04/14/03 68 FR 18003
05/28/03 68 FR 31611
06/00/04
Direct Final Action
DF Withdrawn
Final Action
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4681.
Sectors Affected: 211111 Crude
Petroleum and Natural Gas Extraction;
2211 Electric Power Generation,
Transmission and Distribution; 211112
Natural Gas Liquid Extraction; 221
Utilities
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-5340
Fax:919541-5450
Email: pagan.jaime@epamail.epa.gov
Sims Roy, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5263
Fax:919541-5450
Email: roy.sims@epamail.epa.gov
RIN: 2060-AK35
3155. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR Part 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
themethods. The commenters requested
a reproposal of these revision to the
instrumental methods to allow for
adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemically.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
add flexibility to the testing provisions
currently in place and will not add
requirements or affect the stringency of
the underlying emission standards.
Timetable:
Action
Date FR Cite
NPRM 10/10/03 68 FR 58838
Final Action 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4161.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, 1806A, Research
Triangle Park, NC 27711
Phone: 919-541-1063
Fax: 202-564-7299
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
3156. 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, -.
Final, Judicial, February 27, 2004,
consent decree.
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
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EPA—Clean Air Act (CAA)
Final Rule Stage
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
hardboard, oriented strandboard (OSB),
medium density fiberboard (MDF),
particleboard, 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. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/09/03 68 FR 1276
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3820.
Sectors Affected: 32121 Veneer,
Plywood, and Engineered Wood
Product Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C4 39-03, Research
Triangle Park, NC 27711
Phone:919-541-4516
Fax: 919541-0246
Email: kissell.mary@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AG52
3157. 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 FR Cite
06/05/02 67 FR 38810
06/00/04
NPRM
Final Rule
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4115.
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-C439-02,
Washington, DC 20460
Phone: 919-541-5289
Fax:919541-5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH69
3158. 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 FR Cite
NPRM
Final Action
08/13/02 67 FR52780
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4107.
This action will be covered under Misc.
Metal Parts & Products, SAN 3825, RIN
2060-AG56
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, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-5580
Fax: 919 541-5689
Email: teal.kim@epamail.epa.gov
RIN: 2060-AH78
3159. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
Legal Authority: "Clean Air Act
Section 112(b)(3)"
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received a
petition to remove methyl ethyl ketone
(MEK) from the list of hazardous air
pollutants (HAPs) under Section 112(b)
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38215
EPA—Clean Air Act (CAA)
Final Rule Stage
of the Clean Air Act. The Agency must
review the petitions and either grant or
deny the petition within 18 months of
the date the complete petition was
received. If the Agency grants a
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under Section 112(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/30/03 68 FR 32606
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AI72
3160. 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: On January 30, 2004, the EPA
proposed alternative approaches to
regulating mercury emissions from
coal-fired electric utility steam
generating units and nickel emissions
from oil-fired electric utility steam
generating units.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM 01/30/04 69 FR 4754
Supplemental NPRM 03/16/04 69 FR 12298
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4571.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: RobertJ Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-1045
Fax:919541-5450
Email:
wayland.robertj@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AJ65
3161. 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.
Action
Date FR Cite
Direct Final Action
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4672.
Split from RIN 2060-AH22.
Sectors Affected: 311225 Fats and Oils
Refining and Blending; 311223 Other
Oilseed Processing; 311222 Soybean
Processing
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C4 39-04, Washington,
DC 20460
Phone: 919-541-3078
Fax:919541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax:919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK32
3162. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON)
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 "CAA
112"
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.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4712.
Agency Contact: Mark Morris.
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone: 919-541-5416
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Final Rule Stage
Fax: 919541-0840
Email: morris.mark@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone:919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK49
3163. NESHAP FOR PRIMARY
ALUMINUM REDUCTION PLANTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The NESHAP for Primary
Aluminum Reduction Plants was
promulgated in 1997 (40 CFR Part 63,
Subpart LL). The amendments
described here would revise the
emission limit for polycyclic organic
matter applicable to one subcategory of
source based on newly available data
more representative of performance
from the top five performing sources.
The proposed amendments would also
clarify language on compliance dates
and add specific provisions for startup
of new or reconstructed affected
sources and affected sources that restart
after being idled for long periods of
time. More time would be allowed due
to the nature of the process operation,
depending on the type of source. No
additional costs or information
collection requirements would be
incurred as a result of the amendments.
There also are no significant policy
issues. State agency and industry
representatives concur with the
changes, which will improve
implementation of the 1997 rule.
Timetable:
Action
Date
FR Cite
03/17/03 68 FR 12645
06/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4713.
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, C439-02, Washington,
DC 20460
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK50
3164. 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
Legal Deadline: None
Abstract: The NESHAP for Petroleum
Refineries is an existing rulemaking (40
CFR Part 63, Subpart UUU) to control
hazardous air pollutant emissions from
equipment in the petroleum refining
industry. This rulemaking will amend
the Petroleum Refinery NESHAP to
incorporate additional compliance
options 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.
Timetable:
Action
Date FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4714.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Washington,
DC 20460
Phone: 919-541-0884
Fax:919-541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax:919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060^AK51
3165. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17
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
strategyof first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
There also are no significant policy
issues.
Timetable:
Action
Date
FR Cite
Proposed Amdmt
Final Action
05/15/03 68 FR 26249
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4719.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 20460
Phone: 919-541-5262
Email: colyer.rick@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax: 919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK54
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38217
EPA—Clean Air Act (CAA)
Final Rule Stage
3166. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES—PETITION
TO DELIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: 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 FR Cite
NPRM — Delisting
NPRM-Stay
Final Action
04/07/04 69 FR 18338
04/07/04 69 FR 18327
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 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,
DC 20460
Phone: 919-541-2962
Fax:919541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
3167. 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
FR Cite
Direct Final Rule 10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4763.
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone:919-541-5124
Fax: 919 541-3470
Email: johnson.warren@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK80
3168. 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 thatany 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
FR Cite
NPRM 02/22/02 67FR8386
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4464.
Split from RIN 2060-AH88.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
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38218
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, MD-15, Research
Triangle Park, NC27711
Phone: 919-541-3347
Fax: 919541-0824
Email: oldham.carla@epamail.epa.gov
Tom Helms, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone:919-541-5527
Fax:919541-0824
Email: helms.tom@epamail.epa.gov
RIN: 2060-AJ36
3169. 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. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements.As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/04/03 68 FR 16644
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4689.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax:919541-0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919-541-3292
Fax:919541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3170. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 7401 to 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/30/03 68 FR 38974
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4340.
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
49105
Phone: 734-214-4283
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AI56
3171. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING
LOW-EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the market place. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability for the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004 / Unified Agenda
38219
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Notice
Final Action
07/20/98 63 FR 38767
05/14/99 64 FR26410
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4030.
Agency Contact: Dan Harrison,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4281
Email: hairison.dan@epamail.epa.gov
RIN: 2060-AH52
3172. 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.)
Action
Date
FR Cite
Direct Final Action
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4604.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, 20460
Phone: 734-214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 202-564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3173. 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 May 23, 2003, EPA
proposed new emission controls for
nonroad diesel engines, which are
generally used in industrial, mining,
and agricultural applications. The
control strategies proposed focused
around the use of advanced exhaust
aftertreatment technologies for the first
time in these applications. This
technology reduces emissions of NOx,
NMHC, and PM of over 90%. The
standards would phase-in between
2008 and 2014, with different
implementation schedules applicable to
each of the fiveengine horsepower
categories. Less stringent standards
would apply to the smallest
horsepower category. Coupled with
these proposed engine standards is a
two-step reduction in fuel sulfur levels,
going from uncontrolled levels to 500
ppm in 2007 and then to 15 ppm in
2010. All nonroad diesel fuel, including
that used in locomotive and marine
applications, is covered in the first step
while locomotive and marine fuel is
not involved in the second step. This
overall program builds on the
successful 2007 highway diesel
program the Agency completed in 2000.
Timetable:
Action
Date
FR Cite
NPRM 05/23/03 68 FR 28328
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 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@epamail.epa.gov
William Charmley, Environmental
Protection Agency, Air and Radiation,
ASD, Washington, DC 20460
Phone: 734-214-4466
Fax: 734 214-4050
Email:
charmley.william@epamail.epa.gov
RIN: 2060-AK27
3174. EMISSIONS DURABILITY
PROCEDURES FOR NEW
LIGHT-DUTY VEHICLES AND
LIGHT-DUTY TRUCKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002 the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
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38220
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
ordered deadline, this is a court-
ordered action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/02/04 69 FR 17532
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4757.
Sectors Affected: 3361 Motor Vehicle
Manufacturing
Agency Contact: Eldert Bontekoe,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4442
Fax: 734 214-4053
Email: bontekoe.eldert@epamail.epa.gov
Linda Hormes, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AK76
3175. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 "CAA
203"; 42 USC 7525 "CAA 206"; 42 USC
7541 "CAA 207"; 42 USC 7542 "CAA
208"; 42 USC 7601 "CAA 301"; 42 USC
7522 "CAA 203"; 42 USC 7550 "CAA
216"; 42 USC 7601 "CAA 301"
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date
FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 2665.
Agency Contact: Bob Doyal,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 343-9258
RIN: 2060-AI03
3176. 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
NPRM
NPRM ECP
Final Action
Date FR Cite
06/13/01 66 FR 31978
07/27/01 66 FR 391 23
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4682.
Split from RDM 2060-AJ43.
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Dwight Alpem,
Environmental Protection Agency, Air
and Radiation, 6204N, Washington, DC
20460
Phone: 202-343-9151
Fax: 202-565-2141
Email: alpern.dwight@epamail.epa.gov
RIN: 2060-AK36
3177. FEDERAL IMPLEMENTATION
PLANS FOR INDIAN RESERVATIONS
IN IDAHO, OREGON AND
WASHINGTON
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 49.121 to 49.139;
40 CFR 49.9861 to 49.17810
Legal Deadline: None
Abstract: This Federal Implementation
Plan (FIP) proposes basic air rules to
apply on Indian Reservations in Idaho,
Oregon, and Washington. The rules
provide some basic air quality
protection similar to what the state
implementation plans (SIPs) require for
Idaho, Oregon, and Washington. These
rules are needed to establish a level
playing field and create basic federally
enforceable rules under the Clean Air
Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/15/02 67 FR 11748
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Additional Information: SAN 4487.
EPA Region 10 would be responsible
for implementing and enforcing these
proposed rules. Tribes can choose to
assist EPA or take over responsibility
for their reservations, and EPA would
provide funding to tribes through grants
to support their efforts.
Agency Contact: Regina Thompson,
Environmental Protection Agency,
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38221
EPA—Clean Air Act (CAA)
Final Rule Stage
Regional Office Seattle, OAQ-107,
Seattle, WA 98101
Phone: 206-553-6379
Fax: 206-553-4672
Email:
thompson.regina@epamail.epa.gov
Bonnie Thie, Environmental Protection
Agency, Regional Office Seattle,
OAQ-107, Seattle, WA 98101
Phone: 206-553-1189
Fax: 206553-0110
Email: thie.bonnie@epamail.epa.gov
RIN: 2012-AA01
3178. 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
FR Cite
NPRM
Final Action
09/30/99 64 FR 52731
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4254.
Agency Contact: William Johnson,
Environmental Protection Agency, Air
and Radiation, C5 39-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax:919541-0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202-564-1174
Fax: 202 564-5603
Email: keating.terry@epamail.epa.gov
RIN: 2060-AI45
3179. CLEAN AIR VISIBILITY RULE
Priority: Economically 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: NPRM, Judicial, April
15, 2004, Consent Decree: April 15,
2004.
Final, Judicial, April 15, 2005, Consent
Decree: April 15, 2005.
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 vacated certain provisions of the
regional haze rule related to best
available retrofit technology (BART).
Because of this court decision, we need
to propose and publish revised BART
provisions in the regional haze rule.
The purpose of this effort 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. On July 20, 2001, we
proposed guidelines intended to add
further clarifications to the BART
requirements in the regional haze rule.
Since then, due to additional
information that has come to light since
that proposal, we have decided that a
supplemental proposal is needed.
Timetable:
Action
Date FR Cite
NPRM 07/20/01 66 FR 38108
Supplemental NPRM 05/05/04 69 FR 25184
Final Action 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4450.
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919-541-0102
Fax: 919 541-5489
Email: kaufman.kathy@epamail.epa.gov
Todd Hawes, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone:919-541-5591
Fax:919541-5489
Email: hawes.todd@epamail.epa.gov
RIN: 2060-AJ31
3180. 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 tothe
existing rule.
Timetable:
Action
Date
FR Cite
Direct Final Action
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4621.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, 20460
Phone: 734-214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Paul Cort, Environmental Protection
Agency, Air and Radiation, ORC2,
Washington, DC 20460
Phone: 415-972-3921
Fax:415-972-3570
Email: cort.paul@epamail.epa.gov
RIN: 2060-AJ97
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38222
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3181. 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 to
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 final
rulemaking is to amend the existing
United States regulations governing the
exhaust emissions from new
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nation's International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
Date FR Cite
09/30/03 68 FR 56226
10/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4631.
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing;
336412 Aircraft Engine and Engine
Parts Manufacturing; 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 336413
Other Aircraft Part and Auxiliary
Equipment Manufacturing
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, 6407, Washington, DC
20460
Phone: 734-214-4832
Fax: 734 214-4018
Email: manning.bryan@epamail.epa.gov
RIN: 2060-AK01
3182. 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
FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4722.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, 20460
Phone: 734-214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
RIN: 2060-AK56
3183. 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
FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4706.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, 20460
Phone: 734-214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 202-564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3184. 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38223
EPA—Clean Air Act (CAA)
Final Rule Stage
changes. This rule would finalize the
remaining changes that were not
included in the December 31, 1997
final rule.
Timetable:
Action
Date FR Cite
NPRM
Final (Partial)
Final Action
07/11/97 62 FR 37338
12/31/97 62 FR 68196
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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: 202-343-9624
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
3185. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
42 USC 7671 (g) "CAA 608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the rule on
refrigerant recycling equipment
intended for use with Substitute
Refrigerants: EPA is amending the rule
on refrigerant recycling, promulgated
under section 608 of the Clean Air Act,
to clarify how the requirements of
section 608 extend to refrigerant
recovery and/or recycling equipment
intended for use with substitutes for
CFC and HCFC refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/11/98 63 FR 32044
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3560.1.
Split from RIN 2060-AF37.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL77
3186. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE ETHYLENE
GLYCOL MONOBUTYL ETHER FROM
THE CLEAN AIR ACT LIST OF
HAZARDOUS AIR POLLUTANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency received a
petition to remove Ethylene Glycol
Monobutyl ether (EGBE, 2-
Butoxyethanol) from the American
Chemistry Council on August 29, 1997,
with additional submittals through
December 21, 1998. This action will
address that petition. A final decision
on the petition will involve the
resolution of toxicological issues with
EGBE, including whether or not it is
a human carcinogen. The institutional
structure under which the petition will
be considered is as follows: 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. 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 recommends to the
Administrator whether to grant the
petition. If the Administrator decides to
grant a petition, we propose a rule 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 If the
Administrator decides to deny a
petition, a notice setting forth an
explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date
FR Cite
NPRM 11/21/03 68FR65648
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4800.
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone: 919-541-2962
Fax:919541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax: 919541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL87
3187. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: PL 105-277, sec 764
CFR Citation: 40 CFR 82
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38224
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance, after the
phase-out date of 2005. This exemption
will be limited to no more than 20
metric tons per emergency event. This
is a deregulatory action that will
decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date FR Cite
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4819.
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AL94
3188. NATIONAL AMBIENT AIR
QUALITY STANDARDS FOR
PARTICULATE MATTER;
AMENDMENT TO REFLECT COURT
ORDER VACATING CERTAIN RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
5 USC 553
CFR Citation: 40 CFR 50, 53, 58
Legal Deadline: None
Abstract: In American Trucking
Associations, Inc., et al., v. EPA, the
U.S. Court of Appeals for the D.C.
Circuit vacated revisions to the PM10
national ambient air quality standards
issued by EPA in 1997, and left intact
the pre-existing PM10 standards. To
conform the Code of Federal
Regulations to the court's decision, it
is necessary to remove the revised
standards and all associated regulations
and interpretative materials. Because
this is purely a ministerial action, final
rulemaking without opportunity for
public review and comment is justified
under "good cause" provisions of the
Administrative Procedure Act.
Timetable:
Action
Date
FR Cite
DFRM Amendment 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4837.
Agency Contact: Eric Ginsburg,
Environmental Protection Agency, Air
and Radiation, C304-02, Washington,
DC 20460
Phone: 919-541-0877
Fax:919541-4511
Email: ginsburg.eric@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919-541-5274
Fax:919541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AM02
3189. CLEAN AIR OZONE
DESIGNATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407, 7501 to
7515,7601
CFR Citation: 40 CFR 81
Legal Deadline: Final, Judicial, April
15, 2004.
Abstract: In 1997, EPA promulgated
the revised National Ambient Air
Quality Standards (NAAQS) for ozone.
This action is intended to promulgate
designations and classifications for
areas across the country as
attainment/unclassifiable or
nonattainment. The CAA defines a
nonattainment area to include the area
that is violating the NAAQS and any
nearby areas that are contributing to the
violation of the NAAQS. The process
for designations following promulgation
of a NAAQS is contained in Section
107(d)(l) of the CAA. EPA requested
States and Tribes to make
recommendations regarding attainment
of their areas by July 15, 2003. EPA
reviewed the recommended-
designations and made modifications as
deemed necessary to these
recommendations on December 3, 2003.
EPA's December 3rd letters provided an
opportunity for States and Tribes to
defend their recommended positions. In
cases where the States or Tribes do not
submit recommendations, EPA will
promulgate the designations for areas
it deems appropriate. Final ozone
designations will be promulgated on
April 15, 2004. At that time EPA will
designate all areas either "attainment"
or "nonattainment" for the 8-hour
ozone NAAQS. This notice is also
intended to take final action to defer
on a rolling basis the effective date of
nonattainment designations for certain
areas of the country that do not meet
the 8-hour ozone NAAQS. Early Action
Compact areas (EACs) have agreed to
reduce ground-level ozone pollution
earlier than the CAA requires and
toattain the standard by December 31,
2007. This final rule establishes the
first of three dates by which EPA will
defer the effective date of
nonattainment designation for compact
areas or portions of compact areas, so
long as these areas meet agreed-upon
milestones. The impact of the
nonattainment designation for these
areas will be deferred first until
September 30, 2005. Prior to the time
the first deferral expires, EPA intends
to take further action to propose and
promulgate a second deferred effective
date of nonattainment designation until
December 31, 2006 for those areas that
continue to fulfill all compact
obligations. Prior to the time the second
deferral expires, EPA intends to
propose and promulgate a third and
final deferral until April 15, 2008, for
those areas that continue to meet all
compact milestones.
Timetable:
Action
Date
FR Cite
Final Action 04/30/04 69 FR 23858
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4839.
Promulgation of SAN 4839 will include
the material formerly proposed as SAN
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38225
EPA—Clean Air Act (CAA)
Final Rule Stage
4798. SAN 4798 has been merged into
SAN 4839.
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
Sharon Reinders, Environmental
Protection Agency, Air and Radiation,
C539-02, Washington, DC 20460
Phone: 919-541-5284
Fax:919541-0824
Email: reinders.sharon@epamail.epa.gov
RIN: 2060-AM03
3190. CLEAN AIR FINE PARTICLE
DESIGNATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7404(d)
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: This rule sets out final air
quality designations and classifications
for all areas of the United States as
required by section 107 of the Clean
Air Act (CAA). The air quality status
of an area is represented by the
designation of the area. Designations
are objectively based upon air quality
monitoring data and other relevant
information pertaining to the air quality
of the area. Area designations of
attainment/unclassifiable means that
the area has sufficient data to
determine that the area is meeting the
PM-2.5 NAAQS, or that due to no data
being available for the area, or
insufficient data being available, EPA
cannot make a determination for the
area. States and Tribes were requested
to make their recommendations to EPA
on the attainment status of their
respective areas by February 2004. EPA
will review the recommended
designations and may make
modifications as deemed necessary. If
EPA determines that a modification to
the recommendations is required, EPA
will notify the State orTribe of their
decision no later than 120 days prior
to promulgating a final designation,
which provides an opportunity for
them make a case for why EPA's
modification may be inappropriate. In
cases where a State or Tribe does not
make a recommendation, the EPA will
promulgate the designation that it
deems appropriate. The final date for
promulgating designations for PM-2.5
will be December 31, 2004
Timetable:
Action
Date
FR Cite
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4840.
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02,
Washington, DC 20460
Phone: 919-541-0906
Fax:919541-5489
Email: wallace.larry@epamail.epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
C504-02, Washington, DC 20460
Phone: 919-541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AM04
3191. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
SUBSTITUTE REFRIGERANTS; LEAK
REPAIR REQUIREMENTS FOR
REFRIGERATION AND
AIR-CONDITIONING EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
42 USC 7671 (g) "CAA 608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the leak
repair requirements for commercial,
comfort cooling, and industrial process
refrigeration appliances, promulgated
under section 608 of the Clean Air Act.
This rule will address methods to
calculate leak rates, amend definitions
concerning leak repair, and clarify how
the leak repair requirements of section
608 extend to appliances using
refrigerants that are substitutes for CFC
and HCFC refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/11/98 63 FR 32044
06/00/04
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3560.2.
Split from RIN 2060. Split from RIN
2060-AF37.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washignton, DC
20460
Phone: 202-343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM05
3192. • NESHAP: REINFORCED
PLASTIC COMPOSITES-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63.5780 to
63.5935 (Revisions)
Legal Deadline: None
Abstract: Since publication of the final
Reinforced Plastic Composites
NESHAP, we have discovered several
minor errors. We also have been told
that some of the rule language is
confusing. This action will correct
those errors and clarify some of the rule
language. It should not make any
substantive changes to the stringency of
the rule.
Timetable:
Action
Date FR Cite
Direct Final Action
07/00/04
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4863.
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5605
Fax:919541-5600
Email: barnett.keith@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
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38226
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919-541-5596
Fax:919541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM23
3193. • PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES-
FIRE SUPPRESSION AND EXPLOSION
PROTECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7601,
7671 to 767 Iq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
several powdered aerosol fire
suppressants are acceptable (subject to
narrowed use limits) for use as
substitutes for ozone-depleting halon
1301 (bromotrifluoromethane) as total
flooding agents. Use would be
restricted to the applications and
locations suggested by the
manufacturers of these alternative fire
suppressants (e.g., use only in normally
unoccupied areas). For one fire
suppressant the current restriction on
use in occupied areas would be
removed.
Timetable:
Action
Date
FR Cite
Direct Final Rule 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4857.
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9749
TDD Phone: 630-443-4376
Fax: 202 343-2338
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AM24
3194. • NESHAP: SURFACE COATING
OF METAL CANS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for metal can surface coating operations
located at major sources of hazardous
air pollutants (HAP) were promulgated
on 11/13/2003 (68 FR 64432). The final
standards implement section 112(d) of
the Clean Air Act (CAA) by requiring
these operations to meet HAP emission
standards reflecting the application of
the maximum achievable control
technology (MACT). The final rule will
protect air quality and promote public
health by reducing emissions of HAP
from facilities in the metal can surface
coating source category. This action
provides technical amendments to
correct equations used in demonstrating
compliance with the emission limits in
the final rule. This action does not
change the emission limits promulgated
in the final rule.
Timetable:
Action
Date
FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4864.
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-0283
Fax:919541-5689
Email:
almodovar.paul@epamail.epa.gov
RIN: 2060-AM28
3195. • NESHAP: PRINTING,
COATING, AND DYEING OF FABRICS
AND OTHER TEXTILES-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for existing and new fabric and other
textile coating, printing, slashing,
dyeing, and finishing operations were
promulgated on May 12, 2003. The
final standards implement section
112(d) of the Clean Air Act (CAA) by
requiring all major sources to meet the
hazardous air pollutants (HAP)
emission standards reflecting the
application of the maximum achievable
control technology (MACT). This action
provides amendments to the final rule
to clarify the applicability of the rule
to certain synthetic fiber manufacturing
operations.
Timetable:
Action
Date
FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4862.
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-0283
Fax:919541-5689
Email:
almodovar.paul@epamail.epa.gov
RIN: 2060-AM29
3196. • REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80.46(a)(l); 40
CFR 80.46(a)(2); 40 CFR 80.46(f)(3)(i);
40 CFR 80.46(g)(2)(i); 40 CFR
80.580(a)(2)(i); 40 CFR 80.580(a)(3)(ii)
Legal Deadline: None
Abstract: Fuel manufacturers of
gasoline and diesel fuel are required to
measure certain properties in order to
demonstrate compliance with our
motor vehicle fuels programs at 40 CFR
part 80. This rule promulgates test
method changes which are approved
under the jurisdiction of the American
Society of Testing and Materials
(ASTM). The American Petroleum
Institute (API) recently recommended
these test method changes to the
Agency. The Agency has evaluated
these recommended test methods
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38227
EPA—Clean Air Act (CAA)
Final Rule Stage
changes, agrees with them, and believes
they are based on good science.
Furthermore, they would provide
additional flexibility to the regulated
parties. Specifically, the following
changes would occur by this action: 1)
Remove the current sunset provision of
September 1, 2004, for the alternative
test methods, ASTM D 4815 and ASTM
D 1319, and continue to allow their use
as alternative test methods until a
performance-based test method (PBTM)
rule is promulgated by the Agency. In
the future, EPA intends to promulgate
a PBTM rule which would set criteria
for the qualification of alternative test
methods. Since we believe the use of
these two alternative test methods has
been effective, we believe it would be
prudent to continue to allow the use
of these two alternative test methods
until a PBTM rule is promulgated.
Once a PBTM rule has been
established, these alternative test
methods would likely qualify under the
PBTM rule's criteria. The rule that is
the subject of this abstract would
remove the current sunset provision for
these two alternative test methods. 2)
Designate ASTM D 6667 as the
designated test method for measuring
sulfur in butane because its more
readily available and a better test
method than the current designated test
method, ASTM D 3246. This rule
would allow the use of the originally
designated test method, ASTM D 3246,
as an alternative test method until a
PBTM rule is promulgated. 3) This rule
would update two current ASTM test
methods allowed by the Agency for
measuring sulfur in gasoline and diesel
fuel to their most recent ASTM version.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4895.
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AM42
3197. • PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least forty working
days before a shipment is to leave the
foreign port of export. This rule will
reduce the administrative burden of
anyone petitioning to import aircraft
fire extinguishing spherical pressure
vessels containing halon-1301 ("halon
bottles") for hydrostatic testing in the
United States. The rule would require
importers to adhere to all import
petitioning requirements but would
require one petition to be submitted
annually for all shipments rather than
submission of a petition for each
individual shipment forty working days
prior to export. Halon bottles are
individual bottles containing halon-
1301 that are connected to a larger fire
suppression system within an aircraft.
The halon bottles are brought into the
United States for hydrostatic testing in
which the halon is removed, the bottles
are tested to ensure durability and
effectiveness, and the same amount or
more of halon is replaced back in the
bottles and exported once again. The
halon bottles must be routinely tested
under Federal Aviation Administration
and United States Department of
Transportation regulations. The
exemption to minimize the import
petitioning requirements is being
initiated because the bottles are not
being imported for the eventual use or
resale of the halon contained in the
bottles and because hydrostatic testing
of the bottles is required under FAA
and DOT regulations.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4900.
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9313
Fax:202-564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM46
3198. • NATIONAL EMISSION
STANDARDS FOR
PHARMACEUTICALS PRODUCTION;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action amends
wastewater provisions in the final rule
to be more consistent with later
standards for chemical manufacturing.
Timetable:
Action
Date
FR Cite
Direct Final Action
07/00/04
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4892.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email: mcdonald.randy@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AM52
Direct Final Action
10/00/04
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38228
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3199. • PROTECTION OF THE
STRATOSPHERIC OZONE:
ALTERNATIVES FOR THE MOBILE
AIR CONDITIONING SECTOR UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671k
CFR Citation; 40 CFR 82.180
Legal Deadline: None
Abstract: This rulemaking will list two
new alternatives to ozone depleting
substances in the mobile air
conditioning sector and outline the
conditions necessary for their safe use.
These new alternatives have better
energy efficiency and lower impacts on
the environment than currently
available systems. By approving these
systems under SNAP, EPA will provide
additional choices to the automotive
industry which, if adopted would
reduce the impact of mobile air
conditioners on the global environment.
The automotive industry, if they chose
to adopt these technologies, would be
required to comply with the conditions
necessary to deploy these systems in
a safe manner.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4918.
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9079
Fax: 202 343-2342
Email: birgfeld.erin@epamail.epa.gov
Dave Godwin, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9324
Fax:202-343-2363
Email: godwin.dave@epamail.epa.gov
RIN: 2060-AM54
3200. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SITE-SPECIFIC
REGULATION FOR PACKAGING
CORPORATION OF AMERICA IN
TOMAHAWK, WISCONSIN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.443; 40 CFR
63.457; 40 CFR 63.453
Legal Deadline: None
Abstract: This site specific regulation
will allow Packaging Corporation of
America (PCA) to operate its semi-
chemical pulp and paper mill with an
alternative control technology for its
hazardous air pollutants (HAPs). This
alternative treatment has been approved
by the EPA and its use will be
conducted as a pilot project under the
May 5, 1998, Joint State/EPA
Agreement to Pursue Regulatory
Innovation. An applicable federal air
rule requires semi-chemical pulp and
paper mills to collect and incinerate
their vent gases. As an alternative
treatment, PCA will collect and hard-
pipe vent gas condensates to their on-
site wastewater treatment plant. The
vent gas condensates contain a large
proportion of the vent gas HAPs, and
the HAPs are effectively treated in the
wastewater treatment plant. PCA has
agreed to accept as an enforceable limit
a methanol destruction rate of
approximately two times the amount of
methanol that would be destroyed with
the technology prescribed in the federal
air rule. Methanol is an appropriate
surrogate for the total HAPs in the vent
gases. Data from a full scale treatabiliry
study conducted by PCA in June 2001
indicate that the alternative treatment
technology may be capable of achieving
approximately five times greater
methanol treatment than prescribed in
the air rule, although PCA will not
have to commit to achieving this
greater destruction rate.
Timetable:
Action
Date FR Cite
Direct Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4816.
Agency Contact: Eileen Furey,
Environmental Protection Agency,
Office of the Administrator, C-14J,
Washington, DC 20460
Phone: 312-886-7950
Fax: 312-886-0747
Email: furey.eileen@epamail.epa.gov
David Beck, Environmental Protection
Agency, Office of the Administrator,
E14302, Washington, DC 20460
Phone:919-541-5421
Email: beck.david@epamail.epa.gov
RIN: 2090-AA33
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3201. NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, July
1, 2004.
Abstract: EPA developed technology-
based emissions standards ("MACT"
standards] for this source category
under section 112(d) of the Clean Air
Act, codified in 40 CFR Part 63,
Subpart DD. The current action,
required by Section 112(f) of the Clean
Air Act, is to assess residual risks after
compliance with Subpart DD, and
develop additional emission standards,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4695.
Sectors Affected: 56221 Waste
Treatment and Disposal
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38229
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Elaine Manning,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone:919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK68
3202. 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
Securityand Fuels Regulatory Relief Act
(CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information.. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR Part 1400. The Part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of Part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR Section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
Part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date FR Cite
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
RIN: 2050-AE95
3203. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Other Significant
Legal Authority: "CAA 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
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 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@epamail.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@epamail.epa.gov
RIN: 2050-AE96
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38230
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3204. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: "CAA 211"
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The proposed
action will not impact small businesses,
or state, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4531.
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone:734-214-4227
Fax: 734 214-4816
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
3205. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 "CAA
109"
CFR Citation: 40 CFR 50.4: 40 CFR
50.5
Legal Deadline: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 R 1665). EPA conducted
monitoring to evaluate sources of SO2
peaks and is currently analyzing these
data.. The results of this project will
inform the response to the remand.
Timetable:
Action
Date
FR Cite
NPRM NAAQS
Review
NPRM NAAQS
implementation
Final NAAQS Review
NPRM rev. NAAQS
impl
Notice resp to remand
NPRM
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
05/05/98 63 FR 24782
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 1002.
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C5 39-01, Research
Triangle Park, NC 27711
Phone:919-541-5288
Fax:919541-0237
Email: mckee.dave@epamail.epa.gov
Susan Stone, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone:919-541-1146
Email: stone.susan@epamail.epa.gov
RIN: 2060-AA61
3206. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670-7479
"CAA 160-169"
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
05/16/97 62 FR 27158
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN 3919.
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone:202-564-7416
Fax:202501-1153
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38231
EPA—Clean Air Act (CAA)
Long-Term Actions
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
3207. PHASE 1 (FIP) TO REDUCE THE
Timetable:
Action
NPRM
Findings Action
Final Action
Date FR Cite
10/21/98 63 FR 56393
12/26/00 65FR81366
To Be Determined
Fax: 919 541-0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AH87
3208. NESHAP: AEROSPACE
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 EPA approves the State
submitted 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. (Note: The
FIPs discussed here would 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 would
be prepared for those.)
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 4096.
Sectors Affected: 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing; 325998 All
Other Miscellaneous Chemical Product
Manufacturing; 324199 All Other
Petroleum and Coal Products
Manufacturing; 33611 Automobile and
Light Duty Motor Vehicle
Manufacturing; 32731 Cement
Manufacturing: 331221 Cold-Rolled
Steel Shape Manufacturing; 221121
Electric Bulk Power Transmission and
Control; 221122 Electric Power
Distribution; 327211 Flat Glass
Manufacturing: 221112 Fossil Fuel
Electric Power Generation; 327213
Glass Container Manufacturing; 32512
Industrial Gas Manufacturing; 325131
Inorganic Dye and Pigment
Manufacturing; 331111 Iron and Steel
Mills; 322122 Newsprint Mills; 333618
Other Engine Equipment
Manufacturing; 327212 Other Pressed
and Blown Glass and Glassware
Manufacturing; 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
MiUs; 32511 Petrochemical
Manufacturing; 48621 Pipeline
Transportation of Natural Gas; 325211
Plastics Material and Resin
Manufacturing; 32211 Pulp Mills;
22133 Steam and Air-Conditioning
Supply
Agency Contact: Doug Grano,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington.
DC 20460
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
Jan King, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919-541-5665
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart GG.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4653.
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation. C435-09, Washington,
DC 20460
Phone: 919-541-5439
Fax:919541-0942
Email: wayne.tony@epamail.epa.gov
RIN: 2060-AK08
3209. 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
codified in 40 CFR Part 63, Subpart O.
This source category covers ethylene
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Long-Term Actions
oxide commercial sterilizers. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. We have
completed the risk assessment, received
Work Group comments, and are
planning to submit for internal peer
review. The assessment results show
cancer incidence less than 1.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4654.
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-B, Washington,
DC 20460
Phone: 919-541-0837
Fax: 919 541-0942
Email:
markwordt.david@epamail.epa.gov
Chris Stoneman, Environmental
Protection Agency, Air and Radiation,
MD-15, C439-04, Research Triangle
Park, NC 27711
Phone: 919-541-0823
Email: stoneman.christopher@epa.gov
RIN: 2060-AK09
3210. 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.
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4657.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email: mcdonald.randy@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK13
3211. NESHAP: NATIONAL EMISSION
STANDARDS FOR MARINE TANK
VESSEL LOADING OPERATIONS -
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 19, 2003, Final Action.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart Y.
This source category covers tanks or
ships that contain gasoline, crude oil,
or HAPs in bulk. The current action,
required by section 112(f) of the CAA,
is to assess residual risks from this
same source category, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4661.
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C435-B, Washington,
DC 20460
Phone: 919-541-0837
Fax: 919541-0942
Email:
markwordt.david@epamail.epa.gov
RIN: 2060-AK17
3212. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, June
23, 2003, -.
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for secondary lead smelting were
promulgated on June 23, 1995 under
Clean Air Act Section 112(d). The
standards establish emission limitations
and work practice standards for all new
and existing secondary lead smelters
that produce refined lead from lead
scrap, mainly lead acid batteries. Clean
Air Act Section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from secondary lead smelters and to
develop new risk based standards, if
warranted.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4665.
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Washington,
DC 20460
Phone: 919-541-5308
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Fax: 919541-5308
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax: 919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
3213. 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
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4666.
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
RIN: 2060-AK20
3214. 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 FR Cite
NPRM
Final Action
08/00/05
08/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4668.
Sectors Affected: 335999 All Other
Miscellaneous Electrical Equipment
and Component Manufacturing; 332999
All Other Miscellaneous Fabricated
Metal Product Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
332116 Metal Stamping; 339
Miscellaneous Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax:919541-5689
Email: dail.lynn@epamail.epa.gov
RIN: 2060-AK22
3215. 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. The facilities
covered by the 112(d) standard and
under investigation in the project are
Magnetic Tape coatings facilities that
manufacture audio and video recording
and computer information storage, and
emit major source levels of air toxics.
There are a total of six facilities
manufacturing magnetic tape in the
nation. Half of these are located in the
State of Alabama. We have completed
the risk assessment, received Work
Group comments, and are preparing for
internal peer review.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4669.
Sectors Affected: 334613 Magnetic and
Optical Recording Media
Manufacturing; 33461 Manufacturing
and Reproducing Magnetic and Optical
Media
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax: 919541-5689
Email: dail.lynn@epamail.epa.gov
RIN: 2060-AK23
3216. 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
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EPA—Clean Air Act (CAA)
Long-Term Actions1
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 4664.
Sectors Affected: 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
323112 Commercial Flexographic
Printing; 323111 Commercial Gravure
Printing; 322212 Folding Paperboard
Box Manufacturing; 322225 Laminated
Aluminum Foil Manufacturing for
Flexible Packaging Uses; 323119 Other
Commercial Printing; 322223 Plastics,
Foil, and Coated Paper Bag
Manufacturing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0859
Fax:919541-5689
Email: salman.dave@epamail.epa.gov
RIN: 2060-AK24
3217. 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.
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4663.
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C4 39-03, Washington,
DC 20460
Phone: 919-541-0884
Fax: 919-541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK25
3218. 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
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4750.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-C439-02,
Washington, DC 20460
Phone: 919-541-5289
Fax:919541-5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72
3219. NESHAP: GROUP I POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 00 CFR NYD
Legal Deadline: Final, Statutory,
September 6, 2004, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart U.
This source category covers process
units used to manufacture elastomer
products from raw materials. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4656.
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Long-Term Actions
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax:919541-3470
Email: rosensteel.bob@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK12
3220. 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 FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4659.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone:919-541-5416
Fax: 919 541-0840
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Washington, DC 20460
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK14
3221. 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 FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4658.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax:919541-3470
Email: rosensteel.bob@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK15
3222. 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 4 separate petitions.
See Additional Information.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning. State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
EPA took rulemaking action on similar
petitions from 8 other Northeastern
States that were submitted in 1997.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4383.
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99, Maryland - 01/01/00,
Delaware - 02/10/00, District of
Columbia - 03/07/00
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
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Long-Term Actions
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919541-0824
Email: oldham.carla@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C539-02, Washington, DC 20460
Phone: 919-541-5565
Fax: 919541-0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AI99
3223. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 752 l(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
compliance with evaporative emission
requirements for light duty vehicles
and trucks. The current test procedure
requires both two and three day diurnal
emission tests, as well as running-loss
testing. The revisions will delete the
three day requirement and add
flexibilities for running-loss
compliance. This will enable
manufacturers to save significant
resources without any decrease in
environmental benefits.
Timetable:
Action
Date
FR Cite
Direct Final Rule 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3910.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
49105
Phone: 734-214-4450
Email: good.david@epamail.epa.gov
RIN: 2060-AH34
3224. CONTROL OF METHYL
TERTIARY BUTYL ETHER (MTBE)
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
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 Advance
Notice of Proposed Rulemaking to
inform the public of this preliminary
inquiry, and to solicit public comment
on possible regulatory action.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
03/24/00 65 FR 16094
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN 4393.
Agency Contact: Joseph Bachman,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202-343-9373
Fax: 202 565-2084
Email:
bachman.joseph@epamail.epa.gov
Robert Perils, Environmental Protection
Agency, Air and Radiation, 2333A,
Washington, DC 20460
Phone: 202-564-5636
Email: perlis.robert@epamail.epa.gov
RIN: 2060-AJOO
3225. OPERATING PERMITS:
REVISIONS (PART 70)
Priority: Other Significant
Legal Authority: 42 USC 7661 et seq
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70
Legal Deadline: None
Abstract: In response to litigation on
the operating permits rule regulations,
40 CFR part 70, to provide more
effective implementation of part 70,
and to address comments provided in
response to notices of proposed
rulemaking, parts 70, 51 and 52 are
being revised. The changes 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
FR Cite
NPRM Original
Supp NPRM 1
Supp NPRM
NPRM
SuppNPRM3
08/29/94 59 FR 44460
04/27/95 60 FR 20804
08/31/95 60 FR 45530
07/27/98 63 FR 40053
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN 3412.
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, C304-03, Washington,
DC 20460
Phone: 919-541-3153
Fax:919541-5509
Email: vogel.ray@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Washington, DC 20460
Phone: 919-541-0886
Fax:919541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AF70
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EPA—Clean Air Act (CAA)
Long-Term Actions
3226. 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 FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3922.
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919-541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Washington, DC 20460
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AG92
3227. 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 discussedabove. Thus, the
only relevant potential impact is the
effect of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has corrected the
deficiency prompting the finding,
applying the offset sanction first
eliminates the need for EPA and other
agencies to bear the greater
administrative and implementation
burden of having to effectuate the
highway sanction.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4700.
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919-541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Washington, DC 20460
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AK46
3228. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 3263.
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@epamail.epa.gov
RIN: 2060-AE20
3229. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
"CAA 176(c)"
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM
11/00/06
Regulatory Flexibility Analysis
Required: No
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EPA—Clean Air Act (CAA)
Long-Term Actions
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 3917.
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
49105
Phone: 734-214-4283
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3230. 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
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 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@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202-564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3231. RESCINDING FINDING THAT
PREEXISTING PM10 STANDARDS NO
LONGER APPLICABLE IN NORTHERN
ADA COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the
preexisting 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 processof 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. On July 30,
2003 a Federal Register notice was
published proposing to rescind the
finding that the 1987 PM10 NAAQS are
not applicable in the Ada
County/Boise, Idaho area, and
simultaneously, to approve a PM10 SIP
maintenance plan for the Ada
County/Boise Idaho area and to
redesignate the area from
nonattainment to attainment. There will
be a 30-day comment period. Written
comments must be received on or
before August 29, 2003. Under the
settlement agreement, we must sign and
forward to the Federal Register office
our final action by September 30, 2003.
Timetable:
Action
Date FR Cite
NPRM 1 06/26/00 65 FR 39321
Notice 07/26/00 65 FR 45953
NPRM 07/30/03 68 FR 44715
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN 4391.
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02, RTF,
NC 27711
Phone: 919-541-3223
Fax:919541-5489
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EPA—Clean Air Act (CAA)
Long-Term Actions
Email: blais.gary@epamail.epa.gov
Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202-564-5601
Email: wilcox.geoffrey@epamail.epa.gov
R1N: 2060-AJ05
3232. 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
subject to the major NSR program
requirements.
Timetable:
Action
NPRM
Final Action
Date
01/00/07
To Be
FR Cite
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4691.
Agency Contact: .Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C33903, Washington, DC
20460
Phone: 919-541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C33903, Washington, DC 20460
Phone: 919-541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AK42
3233. AMENDMENTS TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 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 Notice of Proposed Rule
(NPRM) was published on November 5,
2001 in response to a settlement
agreement reached with the American
Chemical Council (ACC) regarding their
litigation on the Gasoline Deposit
Control Additive Rule. This litigation
pertained to the information that
manufacturers must provide on
additive composition at the time of
certification. Adverse comments were
received on two of the four
amendments. A partial withdrawal
notice was published on January 24,
2002 which withdrew the amendments
on which we received adverse
comments. In this action, we plan to
finalize the provisions that were
withdrawn. The provisions we plan to
finalize are based on an ACC consensus
position, which reduces the burden on
manufacturers in demonstrating
compliance with limits on the
compositional variability of the deposit
control additives, while maintaining
the emissions control benefits of the
gasoline deposit control program.
Timetable:
Action
Date
FR Cite
Direct Final Action 1
Final Action 2
11/05/01 66 FR 55885
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4557.1.
Split from RIN 2060-AJ69. Action is
consistent with Settlement Agreement
signed with American Chemistry
Council in January 2000, which became
final in August, 2000 (no comments
were received in the public notice and
comment). ACC v. EPA, D.C. Cir. No.
94-1778 (consol).
Sectors Affected: 325998 All Other
Miscellaneous Chemical Product
Manufacturing
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734-214-4227
Fax: 734 214-4816
Email: herzog.jeff@epamail.epa.gov
Andrea Medici, Environmental
Protection Agency, Air and Radiation,
ARLO/PTSLO, Washington, DC 20460
Phone: 202-564-5634
Fax: 202 564-5653
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AK62
3234. VOLUNTARY SUPERIOR
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 to 61; 40 CFR
63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The Voluntary Superior
Monitoring (VSM) project has been
revised from a regulatory to non-
regulatory effort. Initially, the VSM
project was designed to provide
incentives to industry to induce them
to conduct better or "superior"
emissions monitoring than what is
required through regulation and
permitting. We had planned to revise
the Parts 60, 61, and 63 general
provisions to allow sources an option
to install and operate better emissions
monitoring (than what is regulatorily
required) in return for incentives. This
approach was deemed unworkable,
therefore we revised the goals of the
VSM project to aim for identifying
opportunities for better or superior
monitoring in new rulemakings. Thus,
the focus of VSM now is to work with
OAQPS regulation writers to Find rules
that would benefit from voluntary
upgrades of emissions monitoring. For
example, we have inserted language in
an upcoming rule that allows states to
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EPA—Clean Air Act (CAA)
Long-Term Actions
Government Levels Affected:
Undetermined
Additional Information: SAN 4831.
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5607
Fax:919541-3470
Email: noell.maria@epamail.epa.gov
Warren Johnson, Environmental
Protection Agency, Air and Radiation,
C504-04, Washington, DC 20460
Phone: 919-541-5124
Fax: 919 541-3470
Email: johnson.warren@epamaE.epa.gov
RIN: 2060-AL99
3240. NESHAP: PHARMACEUTICALS
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
October 21, 2010, Residual risk
standards if necessary, otherwise,
finding of no residual risk.
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1998 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart FFF. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risk that
remains once that rule becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4832.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email: mcdonald.randy@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C540-04,
Research Triangle Park, NC 27711
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AMOO
3241. • NESHAP: AREA SOURCE
STANDARDS—PAINT STRIPPING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several smaller pollution sources
grouped within one site. As part of that
strategy, several area-source categories
were listed for possible regulation.
Paint stripping area sources was listed
as one of those categories, and this
rulemaking will address measures to
control pollution from the paint-
stripping category.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4861.
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C435-09, Washington,
DC 20460
Phone:919-541-5439
Fax:919541-0942
Email: wayne.tony@epamail.epa.gov
RIN: 2060-AM07
3242. • PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 767 Iq
CFR Citation: 40 CFR 82, subpart F
Legal Deadline: None
Abstract: This rulemaking will propose
changes and amendments to the
refrigerant leak repair regulations (40
CFR 82, subpart F) promulgated under
Section 608 of the Clean Air Act. The
goal of the regulations is to protect the
stratospheric ozone layer by
promulgating regulations that reduce
the use and emissions of ozone-
depleting refrigerants to the lowest
achievable level. This proposal will
clarify the leak repair regulations by
requiring that owners and operators of
comfort cooling, commercial
refrigeration, and industrial process
refrigeration appliances that have
ozone-depleting charges greater than 50
pounds calculate leak rates, verify all
repairs, and document repair efforts.
This rulemaking will provide further
clarity by adding definitions and
discussing compliance scenarios.
Timetable:
Action
Date FR Cite
Final Action
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN 4856.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washignton, DC
20460
Phone: 202-343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9126
Fax: 202 343-2338
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
3243. • NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: This action is a direct final
amendment with an accompanying
proposal to the national emission
standards for hazardous air pollutants
for asphalt processing and asphalt
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38243
EPA—Clean Air Act (CAA)
Long-Term Actions
roofing manufacturing that will correct
minor errors in that rule.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4855.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 20460
Phone: 919-541-5262
Email: colyer.rick@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone: 919-541-5596
Fax:919541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM10
3244. • NESHAP: AREA SOURCE
STANDARDS—GLASS
MANUFACTURING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. The BSD is
currently working on the section 112(k)
area source strategy to address area
source contributions of air toxic
substances. With the finalization of the
Integrated Urban Air Toxics Strategy in
July of 1999, the EPA introduced and
outlined its "risk based" air toxics
program, which includes both
regulatory and non-regulatory programs
and actions. The IntegratedUrban Air
Toxics Strategy lists the goals of the
EPA's air toxics program, which are as
follows: (1) reduce the incidence of
cancer attributable to exposure to
hazardous air pollutants by 75%
nationally; (2) reduce national non-
cancer risks substantially; and (3)
address risks which are
disproportionately posed on specific
sub-populations and geographic areas.
In order to accomplish these goals, the
EPA has integrated it's air toxics
program into four components. The
first component is source specific
regulatory programs. This component
includes the development of MACT
standards under section 112(d), MACT
or generally available control
technology (GACT) standardsl!2(k),
residual risk standards under 112(f),
and other standards to regulate
emissions of air toxics from specific
sources. The EPA will consider
development of a NESHAP for glass
manufacturing area sources under
section 112(k). Section 112(k) requires
the development of standards for area
sources which account for 90% of
theemissions in urban areas of the 33
urban hazardous air pollutants (HAP)
listed in the Integrated Urban Air
Toxics Strategy. These area source
standards can require control levels
which are equivalent to either MACT
or GACT, as defined in section 112.
The processes involved in glass
manufacturing are known to emit
arsenic and lead. In 1986, EPA
promulgated the NESHAP for Inorganic
Arsenic Emissions From Glass
Manufacturing Plants. Since that time,
EPA has re-evaluated both the
carcinogenicit4/10/1998) and the oral
RfD assessment (02/01/1993) for
arsenic.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4873.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Washington,
DC 20460
Phone:919-541-5167
Fax:919541-5600
Email: fairchild.susan@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone: 919-541-5596
Fax: 919541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM12
3245. • NESHAP: AREA SOURCE
STANDARDS—ACRYLIC/
MODACRYLIC FIBER (AMF)
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
September 15, 2005.
Final, Statutory, September 15, 2006.
Abstract: This regulation is being
pursued under the Clean Air Act,
section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several small pollution sources
grouped within one site. As part of that
strategy, several area-source categories
were listed for possible regulation.
Acrylic/modacrylic fiber production
sources was listed as one of those
categories, and this rulemaking will
address measures to control pollution
from AMF facilities.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4860.
There is only one existing facility in
the USA that will be subject to this
rule. The facility is currently meeting
the standards for major sources under
40 CFR 63 Subpart YY.
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C435-09, Washington,
DC 20460
Phone: 919-541-5439
Fax: 919 541-0942
Email: wayne.tony@epamail.epa.gov
RIN: 2060-AM13
3246. • NESHAP: AREA SOURCE
STANDARDS—OIL AND NATURAL
GAS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
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EPA—Clean Air Act (CAA)
Long-Term Actions
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP and 25 tons/year of
all HAP. As part of that strategy,
several area-source categories were
listed for regulation. Oil and Natural
Gas (ONG) production sources was
listed as one of those categories.and
this rulemaking will address measures
to control pollution from ONG
facilities. Oil and natural gas
production processes are known to emit
benzene, toluene, ethyl-benzene and
xylene. In 1999, EPA promulgated the
NESHAP for Oil and Natural Gas
Production.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4875.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-3078
Fax:919541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax:919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM16
3247. • NESHAP: OIL AND NATURAL
GAS PRODUCTION RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 63.779
Legal Deadline: Final, Statutory, June
17, 2007.
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1999 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart HH. The current action,
required by section 112(f) and d(6) of
the Clean Air Act, is to assess residual
risk that remains once that rule
becomes effective, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety; and to review the MACT
standards promulgated in 1999 for
developments in practices, processes
and control technologies and revise, as
necessary, existing standards.
Timetable:
Action Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4847.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM18
3248. • NESHAP: AREA SOURCE
STANDARDS—INDUSTRIAL
INORGANIC CHEMICALS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from the industrial inorganic
chemicals manufacturing industry. This
source category was listed for
regulation under the Urban Air Toxic
Strategy to address HAP emissions from
area sources.
Timetable:
Additional Information: SAN 4874.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 20460
Phone: 919-541-5262
Email: colyer.rick@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone: 919-541-5596
Fax:919541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM19
3249. • NESHAP: TOTAL FACILITY
LOW RISK DETERMINATION (TFLRD)
FOR RESIDUAL RISK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 (f) of the Clean
Air Act requires that we assess residual
risk remaining after MACT and develop
additional emission standard, as
necessary, to provide an ample margin
of safety. Many facilities have
numerous MACT standards that they
are subject to. This action will provide
a procedure for facilities to assess risk,
and if a facility wide low risk
determination can be shown, to avoid
applicable residual risk standards. The
evaluation will be made on a facility
wide HAP emissions basis.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4848.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Washington,
DC 20460
Phone: 919-541-0884
Fax: 919-541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
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EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM22
3250. • AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
These area source standards can require
control levels which are equivalent to
either maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4879.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Washington,
DC 20460
Phone: 919-541-1512
Fax:919541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Washington, DC 20460
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
3251. • NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
These area source standards can require
control levels which are equivalent to
either maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112. The Integrated
Urban Air Toxics Strategy lists plating
and polishing as an area source
category.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4886.
Agency Contact: Phil Mulrine.
Environmental Protection Agency, Air
and Radiation, MD-C439-02.
Washington, DC 20460
Phone: 919-541-5289
Fax: 919 541-5450
Email: mulrine.phil@epamail.epa.gov
RIN: 2060-AM37
3252. • AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: C;lean Air Act seel 12
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section
112(k) requires development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT). The Integrated Air
Toxics Strategy lists industrial boilers
and commercial/institutional boilers as
area source categories.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4884.
Agency Contact Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-5426
Fax:919541-5450
Email: eddinger.jim@epamail.epa.gov
Robert! Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01. Washington, DC 20460
Phone: 919-541-1045
Fax:919541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
3253. • PROTECTION OF
STRATOSPHERIC OZONE:
SUBSTITUTE REFRIGERANT
RECYCLING; AMENDMENT TO THE
DEFINITION OF REFRIGERANT
Priority: Substantive, Nonsignificant
Legal Authority: 42 U.S.C. 7401 et seq
CFR Citation: 40 CFR 82.154(a)
Legal Deadline: None
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: This action will correct the
final rule entitled "Protection of
Stratospheric Ozone: Refrigerant
Recycling; Substitute Refrigerants"
which was promulgated in the Federal
Register on March 12, 2004 (69 FR
11946). Specifically, EPA is amending
the regulatory text for the definition of
"refrigerant" at 40 CFR 82.152 and the
prohibition against venting substitute
refrigerants at 40 CFR 82.154(a). These
corrections reflect the preamble and
intent of the March 12, 2004 rule that
maintained the statutory venting
prohibition while not otherwise
regulating the sales or handling of
substitute refrigerants that do not
consist of an ozone-depleting substance
(ODS), namely pure hydrofluorocarbon
(HFC) and perfluorocarbon (PFC)
refrigerants. Failure to make this
correction would result in the
unintentional regulation of substances
that do not damage the ozone layer.
EPA has not been granted authority to
promulgate such regulations under the
CAA.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4917.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washignton, DC
20460
Phone: 202-343-9870
Fax:202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax:202-565-2155
Email: land.tom@epamail.epa.gov
RIN:2060-AM51
3254. • NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 or the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112.
Timetable:
Action
NPRM
Final Action
Date
05/00/06
05/00/07
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4906.
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Keith Barnett, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5605
Fax: 919 541-5600
Email: barnett.keith@epamail.epa.gov
RIN: 2060-AM53
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3255. 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: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 68
Completed:
Reason
Date
FR Cite
Final Action 04/09/04 69 FR 18819
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Vanessa Rodriguez
Phone: 202-564-7913
Fax: 202 564-8233
Email:
rodriguez.vanessa@epamail.epa.gov
RIN: 2050-AF09
3256. PETITIONS TO DELIST SOURCE
CATEGORIES FROM THE SOURCE
CATEGORY LIST, DEVELOPED
PURSUANT TO SECTION 112(C) OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 05/18/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kelly Rimer
Phone: 919-541-2962
Fax: 919 541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AJ23
3257. 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
CFR Citation: 40 CFR 86 (Revision)
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38247
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
FinalAcfion 05/11/04 69FR26221
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Trina Vallion
Phone: 734-214-4449
Fax: 734 214-4053
Email: vallion.trina@epamail.epa.gov
Dan Harrison
Phone: 734-214-4281
Email: harrison.dan@epamail.epa.gov
RIN: 2060-AJ62
3258. NESHAP: COMBUSTION
TURBINE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 03/05/04 69 FR 10512
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Sims Roy
Phone: 919-541-5263
Fax:919541-5450
Email: roy.sims@epamail.epa.gov
Robert] Wayland
Phone: 919-541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AG67
3259. NESHAP: IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/22/04 69 FR 21905
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Kevin Cavender
Phone: 919-541-2364
Fax: 919 541-5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax: 919 541-3207
Email: iruh.steve@epamail.epa.gov
RIN: 2060-AE43
3260. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 11/10/03 68 FR 63852
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919-541-5402
Email: mcdonald.randy@epa.gov
Randy Waite
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AE82
3261. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
(TIN-FREE STEEL)
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 05/05/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone:919-541-5289
Fax:919541-5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH08
3262. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
COATING MANUFACTURING
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
12/11/03 68FR69164
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Randy Mcdonald
Phone: 919-541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Randy Waite
Phone: 919-541-5447
Fax: 919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AK59
3263. INTERSTATE OZONE
TRANSPORT: RESPONSE TO COURT
DECISIONS ON THE NOX SIP CALL,
NOX SIP CALL TECHNICAL
AMENDMENTS, AND SECTION 126
RULES
Priority: Other Significant
CFR Citation: 40 CFR 51 (Revision)
Completed:
Reason
Date
FR Cite
Final Action
04/21/04 69 FR 21603
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Agency Contact: Jan King
Phone: 919-541-5665
Fax:919541-0824
Email: king.jan@epamail.epa.gov
Carla Oldham
Phone: 919-541-3347
Fax:919541-0824
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AJ16
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EPA—Clean Air Act (CAA)
Completed Actions
3264. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: VOLATILE
ORGANIC LIQUID STORAGE
VESSELS; AMENDMENTS
Priority: Substantive, Nonsignificant.
Major under 5 USC801.
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Final Action 10/15/03 68 FR 59328
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mark Morris
Phone:919-541-5416
Fax: 919541-0840
Email: morris.mark@epamail.epa.gov
Randy Waite
Phone: 919-541-5447
Fax:919-541-3470
Email: waite.randy@epa.gov
RIN: 2060-AJ53
3265. PROPOSED AMENDMENTS TO
PERFORMANCE STANDARDS AND
MONITORING REQUIREMENTS FOR
PARTICULATE MATTER AT
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 Appendix B;
40 CFR 60 Appendix F
Completed:
Reason
Date
FR Cite
Final Action 01/12/04 69 FR 1785
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dan Bivins
Phone: 919-541-5244
Fax:919541-0516
Email: bivins.dan@epamail.epa.gov
Conniesue Oldham
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ88
3266. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 12/19/03 68 FR 70904
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Iliam Rosario
Phone: 919-541-5308
Fax:919541-5308
Email: rosario.iliam@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AE85
3267. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 01/02/04 69FR130
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Agency Contact: Kim Teal
Phone: 919-541-5580
Fax:919541-5689
Email: teal.kim@epamail.epa.gov
RIN: 2060-AG56
3268. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 01/05/04 69FR394
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Joe Wood
Phone: 919-541-5446
Fax:919541-5600
Email: wood.joe@epamail.epa.gov
Keith Barnett
Phone: 919-541-5605
Fax:919541-5600
Email: barnett.keith@epamail.epa.gov
RIN: 2060-AG72
3269. NESHAP: SURFACE COATING
OF METAL CANS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
11/13/03 68 FR 64433
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Paul Almodovar
Phone: 919-541-0283
Fax: 919541-5689
Email:
almodovar.paul@epamail.epa.gov
RIN: 2060-AG96
3270. NESHAP: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/26/04 69 FR 22601
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Dave Salman
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
RIN: 2060-AG99
3271. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
10/10/03 68 FR 58615
Regulatory Flexibility Analysis
Required: No
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Completed Actions
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Lula Melton
Phone: 919-541-2910
Fax:919541-5450
Email: melton.lula@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH03
3272. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 10/08/03 68 FR 58172
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Agency Contact: Greg Nizich
Phone: 919-541-3078
Fax:919541-0246
Email: nizich.greg@epamail.epa.gov
Martha Smith
Phone: 919-541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AH 12
3273. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 02/03/04 69 FR 5038
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Martha Smith
Phone: 919-541-2421
Fax:919541-0246
Email: smith.martha@epamail.epa.gov
Kent Hustvedt
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AH41
3274. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 10/30/03 68 FR 61768
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Conrad Chin
Phone: 919-541-1512
Fax: 919541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax:919541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ02
3275. CLARIFICATION TO EXISTING
PART 63 NESHAP DELEGATIONS'
PROVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 06/23/03 68 FR 37334
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Tom Driscoll
Phone: 919-541-5135
Fax: 919541-5509
Email: driscoll.tom@epamail.epa.gov
Robin Segall
Phone: 919-541-0893
Fax:919541-0896
Email: segall.robin@epamail.epa.gov
RIN: 2060-AJ26
3276. NESHAP: GASOLINE
DISTRIBUTION FACILITIES-
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 subpart R
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919-541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Martha Smith
Phone: 919-541-2421
Fax:919541-0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AJ42
3277. BENZENE WASTE OPERATIONS
NESHAP; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 61
Completed:
Reason
Date
FR Cite
Final Action 12/04/03 68 FR 67932
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Lucas
Phone: 919-541-0884
Fax: 919-541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt
Phone: 919-541-5395
Fax: 919541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AJ87
3278. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
12/19/03 68 FR 70960
Final Action 12/19/03 68 FR 70949
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Iliam Rosario
Phone: 919-541-5308
Fax:919541-5308
Email: rosario.iliam@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
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EPA—Clean Air Act (CAA)
Completed Actions
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK38
3279. NESHAP: PERCHLORETHYLENE
DRY CLEANING FACILITIES
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Substantive, Nonsignificant
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
Section 112 of the Clean Air Act. (See
40 CFR part 63, subpart M). Pursuant
to Section 610 of the Regulatory
Flexibility Act, EPA has reviewed this
rule to determine if it should be
continued without change, or should be
amended or rescinded, to minimize
adverse economic impacts on small
entities. The fuU results of EPA's
review have been summarized in a
reportand placed in docket number
OAR-2003-0029 in EPA's electronic
docket system (www.epa.gov/edocket).
These results are briefly summarized
here.
EPA has concluded that there is
continued need for this rule to protect
public health by reducing harmful
perchloroethylene (PCE) emissions as
mandated by Section 112 of the Clean
Air Act. EPA's review also addressed
the following issues: complaints
received, complexity, duplication and
overlap. Regarding complaints, several
commenters urged EPA tomake the rule
more stringent to further reduce or
eliminate PCE use. The Agency is
currently addressing these kinds of
considerations as part of its review of
the NESHAP under Clean Air Act
Sections 112(d)(6) and 112(1). and
therefore will not address these issues
further here.
A number of commenters cited
recordkeeping burdens, but some also
acknowledged that the requirements
promote efficiency and are consistent
with good business practices. Other
commenters note that while
recordkeeping does impose some
paperwork burden, they do not believe
it translates into significant economic
cost. Another commenter proposed
ways to lessen monitoring and
recordkeeping burden. The Agency
finds that revising the requirements as
proposed by the commenters may lead
to increased PCE emissions and may
fail to demonstrate continued
compliance.
The Agency also found that the rule's
complexity is necessary to minimize
economic impacts on small businesses
while ensuring emissions reductions.
The Agency received no comments
requesting simplification of the rule
requirements. EPA therefore finds that
revisions to the NESHAP based on rule
complexity are not necessary.
The extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules was also assessed as part of this
review. The Agency is not aware of any
instance where the NESHAP conflicts
with state, local, or other requirements,
and received no comments to that
effect.
Finally, the Agency must consider the
degree to which technology, economic
conditions, or other factors have
changed in the area of the rule. As
noted above, although the Agency finds
that no revisions to the NESHAP are
necessary for the purpose of this RFA
review, the Agency will continue to
assess advances in technology as part
of the ongoing review of the NESHAP
that is required by section 112(d)(6) of
the Clean Air Act.
In light of the considerations outlined
above, EPA has decided to continue
this rule in effect without change. A
fuller explanation of the results of this
review is given in the aforementioned
report which has been placed in the
docket established for this review.
Timetable:
Action
Date
FR Cite
Begin Review
End Review
06/01/03
10/01/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4785.
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202-564-1952
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AK64
3280. FEDERAL PLAN
REQUIREMENTS FOR COMMERCIAL
AND INDUSTRIAL SOLID WASTE
INCINERATION UNITS CONSTRUCTED
ON OR BEFORE NOVEMBER 30, 1999
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 62
Completed:
Reason
Date
FR Cite
Final Action 10/03/03 68FR57518
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: David Painter
Phone:919-541-5515
Fax: 919541-2664
Email: painter.david@epamail.epa.gov
RIN: 2060-AJ28
3281. CONTROL OF EMISSIONS FROM
HIGHWAY MOTORCYCLES
Priority: Other Significant
CFR Citation: 40 CFR 94
Completed:
Reason
Date
FR Cite
Final Action 01/15/04 69 FR 2398
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Roberts French
Phone: 734-214-4380
Fax: 734 214-4050
Email: french.roberts@epamail.epa.gov
Glenn Passavant
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AJ90
3282. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
TRADE OF METHYL BROMIDE TO
NON-PARTIES TO THE MONTREAL
PROTOCOL
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Direct Final Rule
07/25/03 68 FR43930
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EPA—Clean Air Act (CAA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
Kate Choban
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
RIN: 2060-AK67
3283. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82(F)
Completed:
Reason
Date
FR Cite
07/24/03 68 FR43786
09/18/03 68 FR 54677
Final Action
Final
Action-Correction
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202-343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AF36
3284. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING;
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82(F)
Completed:
Reason
Date
FR Cite
Final Action 03/12/04 69 FR 11946
Final Action Effective 05/11/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202-343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AF37
3285. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82(F)
Completed:
Reason
Date
FR Cite
Withdrawn 05/14/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202-343-9870
Fax:202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AG20
3286. COMPILATION OF
SOURCE-SPECIFIC ALTERNATIVE
METHODS BEING APPROVED FOR
SOURCE-CATEGORY WIDE
APPLICATION
Priority: Substantive, Nonsignificant
CFR Citation: 00 CFR NYD
Completed:
Reason
Date
FR Cite
Withdrawn 05/21/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rima Howell
Phone: 919-541-0443
Fax: 919 541-1039
Email: howell.rima@epamail.epa.gov
Conniesue Oldham
Phone:919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ84
3287. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES;
ADDENDUM TO SECOND
AMENDMENT TO THE TIER
2/GASOLINE SULFUR REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80; 40 CFR 86
Completed:
Reason
Date
FR Cite
Direct Final Rule
06/12/02 67FR40169
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Manners
Phone: 734-214-4873
Fax: 734 214-4051
Email: manners.mary@epamail.epa.gov
Robin Moran
Phone: 734-214-4781
Fax: 734 214-4816
Email: moran.robin@epamail.epa.gov
RIN: 2060-AK63
3288. AMENDMENT TO MARINE
DIESEL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 94
Completed:
Reason
Date
FR Cite
Direct Final Action
09/19/03 68 FR 54956
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Karl Simon
Phone: 202-564-1106
Email: simon.karl@epamail.epa.gov
Alan Stout
Phone: 734-214-4805
Fax: 734-214-4834
Email: stout.alan@epamail.epa.gov
RIN: 2060-AL81
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EPA—Clean Air Act (CAA)
Completed Actions
3289. REVISIONS TO FEDERAL
OPERATING PERMITS PROGRAM FEE
PAYMENT DEADLINES FOR
CALIFORNIA AGRICULTURAL
SOURCES
Priority: Substantive, Nonsignificant
CFR Citation: 42 CFR 71.9(f)
Completed:
Reason
Date
FR Cite
Withdrawal of Direct 06/27/03 68 FR 38197
Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Candace Carraway
Phone: 919-541-3189
Fax:919541-5509
Email:
carraway.candace@epamail.epa.gov
David Wampler
Phone: 415-972-3975
Fax:415-947-3579
Email: wampler.david@epamail.epa.gov
RIN: 2060-AL82
3290. AMENDMENTS TO THE PHASE
2 REQUIREMENTS FOR
SPARK-IGNITION NONROAD
ENGINES LESS THAN 19 KILOWATTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 90 (Revision)
Completed:
Reason
Date
FR Cite
NPRM 01/12/04 69 FR 1836
Direct Final Rule 01/12/04 69 FR 1824
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Philip Carlson
Phone: 734-214-4270
Fax: 734 214-4816
Email: carlson.philip@epamail.epa.gov
Glenn Passavant
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AL88
3291. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2004
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4
Completed:
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Scott Monroe
Phone: 202-343-9712
Fax:202 343-2338
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM01
3292. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION'S FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/28/03 68 FR 61382
01/28/04 69 FR 4059
Regulatory Flexibility Analysis
Required: No
Reason
Date
FR Cite
Withdrawn
03/12/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Brian Barwick
Phone: 312-886-6620
Email: barwick.brian@epamail.epa.gov
David Beck
Phone: 919-541-5421
Email: beck.david@epamail.epa.gov
RIN: 2090-AA21
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3293. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 "Atomic
Energy Act of 1954"; "Reorganization
Plan No. 3 of 1970"; "Nuclear Waste
Policy Act of 1982"
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking is being
issued to solicit early public input on
this issue — see SAN 4054.1 elsewhere
in this issue of the Regulatory Agenda.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
Final Action
01/00/05
01/00/06
ANPRM
11/18/03 68 FR 65120
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4054.
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
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Atomic Energy Act (AEA)
Final Rule Stage
3294. 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 finalizing several
alternative provisions 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 & 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-
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 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 FR Cite
NPRM
Final Action
08/09/02 67 FR 51929
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4403.
Agency Contact: Ray Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-564-4625
Fax: 202 343-2305
Email: lee.ray@epamail.epa.gov
Betsy Forinash, Environmental
Protection Agency, Air and Radiation,
6602J, 6608J, Washington, DC 20460
Phone: 202-343-9233
Email: forinash.betsy@epamail.epa.gov
RIN: 2060-AJ07
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
3295. 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
FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4003.
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
3296. APPROACHES TO AN
INTEGRATED FRAMEWORK FOR
MANAGEMENT AND DISPOSAL OF
LOW-ACTIVITY RADIOACTIVE
WASTE: REQUEST FOR COMMENT
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 Advance Notice of
Proposed Rulemaking (ANPRM) will
solicit public comment on voluntary
approaches that would allow additional
options for the disposal of low-activity
mixed wastes. The wastes intended to
be disposed of in these cells are
Federally-regulated mixed wastes,
consisting of a chemically hazardous
component and low levels of
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Atomic Energy Act (AEA)
Long-Term Actions
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources, but may
also be generated by Federal
government activities. The intention of
this effort is 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. It is envisioned that
any rule that would be promulgated in
this area would not mandate a disposal
method, but rather permit an
alternative to existing disposal
methods. (See SAN 4054 elsewhere in
today's Regulatory Agenda.) In this
ANPRM, public comment will be
solicited on application of such a rule
to other low-activity radioactive wastes
not currently regulated at the Federal
level, and on possible non-regulatory
approaches to improved management.
The U.S. Nuclear Regulatory
Commission is anticipated to be the
implementing Agency for the
application of any rule that would
follow this ANPRM.
Timetable:
Action
Date
FR Cite
ANPRM
ANPRM Comment
Period Extended
Next Action Undetermined
11/18/03 68FR65120
03/12/04 69 FR 11826
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4054.1.
Split from RIN 2060-AH63.
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9349
Fax:202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AL78
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Completed Actions
3297. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2001 REPORT TO
CONGRESS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 194
Completed:
Reason
Date
FR Cite
Report to Congress 04/20/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Raymond Lee
Phone: 202-343-9463
Fax: 202 343-2305
Email: lee.raymond@epamail.epa.gov
RIN: 2060-AK39
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3298. ENDOCRINE OISRUPTOR
SCREENING PROGRAM (EDSP);
CHEMICAL SELECTION APPROACH
FOR INITIAL ROUND OF SCREENING
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.
Although this action is not a
rulemaking, the Agency has included
it in the Regulatory Agenda to help
inform the public.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Notice: Proposed
Approach
12/30/02 67 FR 79611
Notice: Final Approach 01/00/05
Notice: Draft Initial List 02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4727.
Split from RIN 2070-AD26.
Agency Contact: Mary Belefski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202-564-8461
Fax: 202-564-8452
Email: belefski.mary@epamail.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
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38255
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
Email: timm.gary@epamail.epa.gov
RIN: 2070-AD59
3299. PESTICIDE WORKER
PROTECTION RULE (SECTION 610
REVIEW)
Priority: Info./Admin./Other. Major
status under 5 USC 801 is
undetermined.
Legal Authority: 7 USC 135
CFR Citation: 40 CFR Part 156; 40 CFR
Part 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
standard was amended to address
specific concerns of the regulation
community. EPA is reviewing this
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the rule should be
continued without change, or should be
amended or rescinded, to minimize
economic impacts on small entities
while still complying with the
provisions of the Federal Insecticide,
Fungicide and Rodenticide Act
(FIFRA). EPA has already solicited
comment on the continued need for the
rule; the complexity of the rule; the
extent to which it overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and the
degree to which technology, economic
conditions or other relevant factors
have changed since the rule was
promulgated. We expect to announce
the completion of this review and
report its outcome in 2004. See EPA
Docket ID number OPP-2003-0115 at
www.epa.gov/edocket.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
Final Action 1
Begin Review
08/21/92 57 FR 38102
05/27/03 68 FR 30942
Comment Period End 12/22/03 68 FR 73543
End Review 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4789.
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; Il5 Support
Activities for Agriculture and Forestry;
1131 Timber Tract Operations
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,
Washington, DC 20460
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
3300. 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 propose revisions
to its data requirements for the
registration of conventional pesticide
products. In this action, the Agency is
proposing revisions to the data
requirements that pertain to product
chemistry, toxicology, residue
chemistry, applicator exposure, post-
application exposure, nontarget
terrestrial and aquatic organisms,
nontarget plant protection, and
environmental fate. The proposed data
requirements reflect current scientific
knowledge and understanding. These
revisions will improve the Agency's
ability to make regulatory decisions
about the human health and
environmental effects of pesticide
products to better protect wildlife, the
environment, and people, including
sensitive subpopulations. Couple with
revision data requirements, EPA
proposes to reformat the requirements
and revise its general procedures and
policies associated with data
submission. By codifying existing data
requirements which are currently
applied on a case-by-case basis, the
pesticide industry, along with other
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process. EPA
intends to propose a series of revisions
to the data requirements, covering
different data disciplines and product
types.
Timetable:
Action
Date
FR Cite
NPRM
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 2687.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa Chun,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-4027
Fax: 703 305-5884
Email: chun.melissa@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Email: frane.jean@epamail.epa.gov
RIN: 2070-AC12
3301. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registr ability of a pesticide product.
The revisions will also clarify the data
requirements for all antimicrobials to
reflect current practice.
Timetable:
Action
Date FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4173.
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-308-9073
Fax: 703 305-5884
Email: parsons.paul@epamail.epa.gov
RIN: 2070-AD30
3302. ENDOCRINE DISRUPTER
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2603 "TSCA";
21 USC 346(a) "FFDCA"; 42 USC
300(a)(17) "SDWA"; 7 USC 136
"FIFRA"
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The screening and testing
phase of the Endocrine Disruptor
Screening Program (EDSP) potentially
will encompass a broad range of types
of chemicals, including pesticide
chemicals, TSCA chemicals, chemicals
that may be found in sources of
drinking water, chemicals that may
have an effect that is cumulative to the
effect of a pesticide chemical,
chemicals that are both pesticide
chemicals and TSCA chemicals, and
other chemicals that are combinations
of these types of chemicals. EPA is
developing the procedures and
processes that the Agency will use
when implementing the screening and
testing phase of the EDSP. Specifically,
depending on decisions that the
Agency makes regarding
implementation of the testing phase of
the EDSP, the action will describe the
authorities that EPA may invoke to
require testing by the chemical
manufacturers and pesticide registrants
and, if necessary, establish the process
that the Agency will use to require the
testing.
Timetable:
Action
Date FR Cite
Policy/NPRM 06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4728.
Split from RIN 2070-AD26. In August
2000, the Agency submitted the
required Status Report to Congress. In
March 2002, the Agency submitted the
requested status report to Congress on
the Endocrine Disruptor Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
Agency Contact: Jane—Scott Smith,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202-564-8476
Fax: 202-564-8483
Email: smith.jane-
scott@epamail.epa.gov
Joe Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202-564-8886
Fax: 202-564-4765
Email: nash.joseph@epa.gov
RIN: 2070-AD61
3303. 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 FR Cite
ANPRM
NPRM
04/26/00 65 FR 24586
02/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4170.
Sectors Affected: 32519'Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-308-9341
Fax: 703 308-5884
Email: prunier.vivian@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD29
3304. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority: Other Significant
Legal Authority: 7 USC 136p; 7 USC
136w
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38257
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will publish a Notice of
Proposed Rulemaking in the Federal
Register proposing several
improvements to the pesticide
emergency exemption process under
section 18 of the Federal Insecticide,
Fungicide, and Roderiticide Act
(FIFRA). Two of these potential
improvements are currently being
tested through a limited pilot, and are
based on recommendations from the
States which are the primary applicants
for emergency exemptions. 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.
Timetable:
Action
Date
FR Cite
Notice: Limited Pilot 04/24/03 68 FR20145
NPRM 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4216.
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Joe Hogue,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-308-9072
Fax: 703 305-5884
Email: hogue.joe@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3305. 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 sec. 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date
FR Cite
NPRM original
SuppNPRMI
SuppNPRM2
Notice: Reopen
Comment Period
Final Action
02/11/94 59 FR 6712
10/21/99 64 FR 56918
12/21/99 64 FR 71368
06/00/04
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 2659.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 11511 Support
Activities for Crop Production; 42291
Farm Supplies Wholesalers
URL For More Information:
www.epa.gov/pesticides/regulating/
containers.htm
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-7385
Fax: 703 308-3259
Email: fitz.nancy@epamail.epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703-308-9342
Fax: 703-308-3259
Email: andreasen.jude@epamail.epa.gov
RIN: 2070-AB95
3306. WPS; 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/09/97 62 FR47544
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 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, Washington,
DC 20460
Phone: 703-305-6475
Fax: 703 305-5884
Email: vogel.nancy@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-AC93
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3307. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The Final Rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Action
Date
FR Cite
NPRM
Notice
Final Original
Final Action
09/17/99 64 FR 50671
11/16/99 64 FR 62145
12/14/01 66 FR 64759
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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 Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510C,
Washington, DC 20460
Phone: 703-308-6431
Email: pizana.cleo@epamail.epa.gov
RIN: 2070-AD14
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3308. 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
FR Cite
NPRM 08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN 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
Phone: 703-305-6598
Fax: 703 305-5884
Email:
brassard.candace@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-ADS 1
3309. 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.
This rule would have adjusted the fee
structure and fee amounts for tolerance
actions. However, under the
Consolidated Appropriations Act
of2004, signed on January 23, 2004,
EPA is prohibited from collecting any
tolerances fees until September 30,
2008. Accordingly, this rule will not be
issued.
Timetable:
Action
Date
FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65FR45569
Supplemental NPRM 08/31/00 65 FR 52979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4027.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD23
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38259
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3310. 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
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408(q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Since such actions are issued on a
chemical-by-chemical basis, this
regulatory plan entry does not list the
individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Action
Date FR Cite
Final Action
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4175.
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33% by August
3; 1999; 66% by August 3; 2002; and
100% by August 3; 2006. The Agency
will continue to assess pesticide
tolerances throughout each year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Robert McNally,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703-308-8085
Fax: 703308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703-308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3311. PLANT INCORPORATED
PROTECT ANTS (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 "pesticide chemical residues"
under theFederal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat proteins
from the requirement of a tolerance
under section 408 of the FFDCA. Due
to public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a 2001
Supplemental Proposal (66 FR 37855).
Timetable:
Action
Date FR Cite
NPRM
Supp NPRM 1
Supp NPRM 2
Supp NPRM-RCAN
Final Resubmittal
Final Action
11/23/94 59 FR60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4602.
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
Agency Contact: Melissa Kramer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202-564-8497
Fax: 202 564-8502
Email: kramer.melissa@epamail.epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202-564-8488
Fax: 202-564-8502
Email: mcclintock.tom@epamail.epa.gov
RIN: 2070-AD49
3312. PLANT-INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest". These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
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38260
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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
NPRM
Supp NPRM 1
Supp NPRM 2
Supp NPRM 3
Supp NPRM 4
Supp NPRM 5
Final Action
Date FR Cite
11/23/94 59FR60496
07/22/96 61 FR 37891
05/16/97 62 FR 271 32
04/23/99 64 FR 19958
07/19/01 66 FR 37855
08/20/01 66FR43552
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4611.
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202-564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703-308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3313. 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". 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
NPRM Original
Supplemental NPRM
Supp NPRM 1
Supp NPRM 2
Supp NPRM 3
NPRM
Final FFDCA
Final Action
Date
11/23/94
07/22/96
05/16/97
04/23/99
07/19/01
To Be
To Be
To Be
FR Cite
59 FR 60496
61 FR 37891
62 FR 271 32
64 FR 19958
66 FR 37855
Determined
Determined
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4612.
This action is a continuation of the
action described in RDM 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202-564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703-308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3314. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Priority: Other Significant
Legal Authority: 5 USC 301; 7 USC
I36a; 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 Federal
government. 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 for
and received 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
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 rights
andsafety 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
FR Cite
ANPRM 05/07/03 68 FR 24410
Notice/NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4610.
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: William Jordan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501C, Washington,
DC 20460
Phone: 703-305-1049
Fax: 703-308-4776
Email: jordan.william@epamail.epa.gov
John Carley, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7501C,
Washington, DC 20460
Phone: 703-305-7019
Fax: 703-305-5060
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57
3315. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Economically Significant
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 30 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisionstailored 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:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4618.
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202-564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perlis, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A,
Washington, DC 20460
Phone: 202-564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
RIN: 2020-AA44
3316. 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
ground-water only, and to determine
the best partnership approach to
implementation.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
Supplemental NPRM 03/24/00 65 FR 15885
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 3222.
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Arty Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-5239
Fax: 703 308-3259
Email: williams.arty@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Email: frane.jean@epamail.epa.gov
RIN: 2070-AC46
3317. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a; 7 USC
136w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
the requirements of FIFRA 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
FR Cite
Action
Date
FR Cite
NPRM
10/00/05
NPRM
Notice
06/26/96 61 FR 33259
02/23/00 65 FR 8925
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Additional Information: SAN 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, 75 IOC, Washington,
DC 20460
Phone: 703-308-2716
Fax: 703 308-8481
Email: morrow.melba@epamail.epa.gov
RIN: 2070-AD54
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3318. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
six chemicals have been evaluated in
the peer consultation process.
Information on VCCEP and the
chemical assessments submitted to date
are available to the public at
www.epa.gov/chemrtk/vccep 1.
Although not currently involving a
rulemaking, EPA has included this
pilot program in the Regulatory Agenda
to inform the public about activities
like this related to its chemical testing
program.
Timetable:
Action
Date FR Cite
12/26/00 65 FR 81700
Notice Announcing
VCCEP & Pilot
Notice of Public 12/00/04
Review
Notice: Status of Pilot 01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4876.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
vvrww.epa.gov/chemrtk/vccep
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202-564-8171
Fax: 202 564-4765
Email:
penberthy.ward@epamail.epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
3319. LEAD; REQUIREMENTS FOR
LEAD-BASED PAINT ACTIVITIES IN
TARGET HOUSING AND
CHILD-OCCUPIED FACILITIES
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: TSCA 402/404; 15
USC 2682; 15 USC 2684
CFR Citation: 40 CFR 745 subpart L;
40 CFR 745 subpart Q
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 finalizeda 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. EPA is reviewing the 1996
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the rule should be
continued without change, or should be
amended or rescinded, to minimize
economic impacts on small entities
while still complying with the
provisions of the Toxic Substances
Control Act (TSCA). EPA has already
solicited comment on the continued
need for the rule; the complexity of the
rule; the extent to which it overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and the degree to which
technology, economic conditions or
other relevant factors have changed
since the rule was promulgated. We
expect to announce the completion of
this review and report its outcome in
2004. See EPA Docket ID number
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EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
OPPT-2003-0015 at
www.epa.gov/edocket.
Timetable:
Action
Date FR Cite
Final Action 1 08/29/96 61 FR 45778
Review Begin 05/27/03 68 FR 30942
Comment Period End 12/22/03 68 FR 73543
Review End 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4788.
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202-566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
RIN: 2070-AD65
3320. • NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2611
CFR Citation: 40 CFR 707
Legal Deadline: None
Abstract: Section 12(b)(2) of the Toxic
Substances Control Act (TSCA) states,
in part, that any person who exports
or intends to export to a foreign
country a chemical substance or
mixture for which submission of data
is required under section 4 or 5(b), or
for which a rule, action or order has
been proposed or promulgated under
section 5, 6, or 7, shall notify the EPA
Administrator of such export or intent
to export. The Administrator in turn
will notify the government of the
importing country of EPA's regulatory
action with respect to the substance.
Legislation is currently pending to
address the implementation in the US
of the Rotterdam Convention on Prior
Informed Consent (PIC), which itself
includes export notification
requirements. In order to address these
concerns, and additional concerns
expressed by other stakeholders, EPA
intends to report to OMB in one year
on the status of PIC implementation in
the US. If the PIC agreement is in force
in the US in August 2004, EPA will
develop a plan of action for considering
potential amendments to the 12(b)
regulation. If the PIC Agreement is not
yet in force in one year, EPA will take
stock of the status of the PIC agreement
in the US and, if appropriate, develop
a plan of action for considering
potential changes to the 12(b)
regulation.
Timetable:
Action
Date FR Cite
Review Begin
Review End
08/00/04
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4858.
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances. 7405M, Washington,
DC 20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Dave Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 913-551-7625
Fax: 202 564-4765
Email: williams.dave@epamail.epa.gov
RIN: 2070-AJ01
3321. • LEAD-BASED PAINT
ACTIVITIES; VOLUNTARY PROGRAM
FOR RENOVATION AND
REMODELING
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2682 "TSCA
4 402"; PL 102-550 "sec 402(c)(3)"
CFR Citation: 40 CFR 745
Legal Deadline: None
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 refers to the results of this
study and consult with interested
parties to determine which categories
of renovation and remodeling activities
require training and certification and
which of the training and certification
regulations originally developed for
individuals performing lead-based paint
abatement under section 402 (a) of
TSCA should be revised 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. As an
alternative to the regulatory program,
EPA is working with stakeholders to
develop a voluntary program for
renovations and remodeling activities.
The voluntary program would partner
the Agency and notional organizations
together to promote an initiative which
could provide incentives to
participating contractors and property
owners who incorporate lead safe work
practices into their standard operating
procedures. The Agency plans, in an
ANPRM to be published in fall of 2004,
to introduce the voluntary program,
discuss its component parts, and
review how it will be evaluated.
Timetable:
Action
Date FR Cite
Notice Announcing 1st 09/00/04
Pilot
Notice Announcing 05/00/05
2nd Pilot
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 3557.1.
Split from RIN 2070-AC83.
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
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EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AJ03
3322. • TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: This notice will alert
interested parties that EPA is
considering new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(Inventory). More specifically, this
notice outlines four identification
elements that EPA currently believes
are appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. This notice
also solicits public comment on several
specific questions relating to this topic.
Timetable:
Action Date FR Cite
ANPRM 09/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4878.
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
Henry Lau, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, TS-793, 7406M,
Washington, DC 20460
Phone: 202-564-8572
Email: lau.henry@epamail.epa.gov
RIN: 2070-AJ04
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3323. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: This regulatory action will
eliminate exemptions under the
Polymer Exemption Rule for certain
polymers containing perfluoralkyl
sulfonate (PFAS), perfluoroalkyl
carboxylates (PFAC), perfluoroalky-
containing telomers, and other
polymers containing perfluoroalkkyl
groups. Based on data on perfluorooctyl
sulfonate (PFOS) and perfluorooctonic
acid (PFOA), and other chemical
substances containing perfluoroalkyl
groups, EPA believes that these
substances may persist in the
environment, bioaccumulate, and be
toxic. Certain polymers which contain
PFAS, PFAC, perfluoroalkyl-containing
telomers, or other substances with
perfluoroalkyl groups, would no longer
qualify for exemption from TSCA
section 5 reporting.
Timetable:
Action
Date
FR Cite
NPRM 10/00/04
Final Action 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4635.
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Rebecca Cool,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD58
3324. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
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 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
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 superfundsites, develop toxicological
profiles for the hazardous substances,
identify priority data needs, and
establish a research program obtaining
the necessary data. This action is a
component of ATSDR's research
program. Data from this action would
provide specific information about the
substances for the public and scientific
community. The information would be
used in conducting comprehensive
public health assessments of
populations living near hazardous
waste sites. Scientific data improves the
quality of risk assessments used by
EPA, other Federal agencies, and State
and local governments. The risk
assessments affect standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment. In addition, this
action would require manufacturers
and processors to develop data for
these chemicals that will be used by
EPA under the Clean Air Act (CAA)
to evaluate residual risks from
hazardous air pollutants (HAPs) on the
list of HAPs in the CAA under section
112(f), 42 USC 7412(f) and sections
112(d and e). Data from this action
would also be used to support
implementation of several provisions of
section 112 of the CAA including,
determining risks remaining after the
application of technology based
standards under section 112(d) of the
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EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
CAA, estimating the risks associated
with accidental releases, and
determining whether or not substances
should be removed (delisted) from
section (b)(l) of the CAA list of HAPS.
Timetable:
Action
Date FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AB79
3325. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2607(a) "TSCA 8"; 15 USC
2611 "TSCA 12"; 15 USC 2625 "TSCA
26"
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: EPA is reproposing 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:
Action
Date FR Cite
NPRM original
NPRM
03/04/91 56 FR 9092
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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
Phone: 202-564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8469
Fax:202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD44
3326. 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
(lURA)'(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 to clarify
language associated with petitioning to
be partially exempt from reporting
requirements and with reporting
information on imported materials.
Additionally, certain technical
corrections, such as removing obsolete
regulatory text associated with IUR
reporting that occurred in 2002 and
correcting certain paragraph references
will be included. EPA anticipates
adverse comments on moving the
submission period and therefore is first
proposing these changes.
Timetable:
Action
Date FR Cite
NPRM
07/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN 3301.1.
Split from RIN 2070-AC61.
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@epamail.epa.gov
Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202-564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AD63
3327. 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
Legal Deadline: None
Abstract: EPA has established a
program to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
be published on at least the chemicals
listed below.
Timetable:
Action
Date FR Cite
NPRM-2-4 Original
NPRM-Chloranil
NPRM-Benzidine
Final-Benzidine
NPRM-Heavy
NPRM-p-
Aminophenol
NPRM-2-4
Final-Heavy
NPRM-2-Etho
NPRM-
Benzidine-amend
NPRM-MethylcycIo
NPRM-Certain
NPRM-o-Tolodine
Final-
Benzidine-amend
Final-Chloranil
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
06/00/04
12/00/04
06/00/05
06/00/05
06/00/05
06/00/05
09/00/05
09/00/05
06/00/06
12/00/06
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
flame retardant chemicals for use in
residential upholstered furniture. The
SNUR would require companies
wanting to import or manufacture these
chemicals for the significant new uses
described in the proposed rule to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities.
Timetable:
Action
Date FR Cite
NPRM: Penta/Octa
NPRM:SFR
Final Action:
Penta/Octa
Final Action: SFR
10/00/04
12/00/04
10/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Government Levels Affected: Federal Additional Information: SAN 4512.
Additional Information: SAN 1923.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202-564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AA58
3328. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
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@epamail.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@epamail.epa.gov
RIN: 2070-AD48
3329. • SIGNIFICANT NEW USE RULE
(SNUR);
PENTABROMODIPHENYLETHER AND
OCTABROMODIPH ENYLETHER
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
section 5"
CFR Citation: 40 CFR 704, 707, 710,
721
Legal Deadline: None
Abstract: Pentabromodiphenyl ether
and octabromodiphenyl ether are two
members of the class of chemicals
called polybrominated diphenyl ethers,
or PBDEs. There are commercial
mixtures of PBDEs with different
average amounts of bromination: penta-
, octa-, and decaBDE. These chemicals
are major components of commercial
formulations often used as fire
retardants in furniture foam
(pentaBDE), plastics for TV cabinets,
wire insulation, and backcoatings for
draperies and upholstery (decaBDE),
and plastics for personal computers
(octaBDE). Environmental monitoring
programs in Europe, Asia, North
America, and the Arctic have detected
several PBDEs in human breast milk,
fish, aquatic birds, and elsewhere in the
environment, with tetra- to
hexabrominated BDEs being the most
frequendy detected. The exact
mechanisms or pathways by which
these PBDEs end up in the environment
and humans would include releases
from manufacturing or processing of
the chemicals into products like
plastics or textiles, aging and wear of
the end consumer products, and direct
exposure during use (e.g., from
furniture). The limited toxicity test data
that is currently available indicate the
potential for adverse effects to humans
and environmental organisms,
especially for lower brominated
mixtures, and existing hazard and
exposure information on PBDEs is
incomplete. These factors, taken
together, raise concerns for long term
potential adverse effects in people and
wildlife over time if the lower
brominated pentaBDE and octaBDE
should continue to be produced,
released, and built up in the
environment. EPA believes that
pentaBDE and octaBDE are
manufactured and imported in the
United States only by the Great Lakes
Chemical Corporation. Great Lakes has
committed to phase out these chemicals
voluntarily by discontinuing their
manufacture by the end of 2004. EPA
believes that any manufacture or import
of these chemicals occurring after Great
Lakes' phase-out dates would increase
the magnitude and duration of
exposure to these chemicals.
Timetable:
Action
Date
FR Cite
NPRM 10/00/04
Regulatory Flexibility Analysis
Required: Undetermined
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EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN 4870.
Agency Contact: Kenneth Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-9232
Fax:202 564-9490
Email: moss.kenneth@epamail.epa.gov
RIN: 2070-AJ02
3330. • POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTION
REQUEST FROM U.S. MARITIME
ADMINISTRATION (MARAD)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(e)(3)(B)"
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The U.S. Maritime
Administration (MARAD) is responsible
for disposing of surplus Navy non-
combatant ships; many of these ships
contain polychlorinated biphenyls
(PCBs) in electrical equipment, and are
contaminated with more than 50 ppm
PCBs in paint, gaskets and cable that
cannot be easily removed. In 2003,
MARAD exported 4 surplus ships to a
shipyard in the United Kingdom, Able
UK, for scrapping; however, the
planned export of an additional 9 ships
has been prevented by a temporary
restraining order issued by the U.S.
District Court for D.C. A hearing will
be held in June to determine if the
export of these 9 vessels can proceed
and the Able UK facility must reapply
for various national and local permits
before it can proceed with scrapping
of any MARAD vessels. Following
issuance of a letter of enforcement
discretion in May 2003, MARAD has
made plans to submit a petition for an
export ban exemption under TSCA
6(e)(3)(B). EPA can grant these petitions
through notice-and-comment
rulemaking for a period of up to one
year, provided it can make a finding
of no unreasonable risk and good faith
efforts to find substitutes.
Timetable:
Action
Date
FR Cite
NPRM
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 2150.1.
Split from RIN 2070-AB20.
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone:202-566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202-566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AJ05
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3331. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-S(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
NPRM: 84-1056
NPRM: 86-566
NPRM
Final Rule: 84-1056
Final Rule: 86-566
Date FR Cite
06/11/86 51FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
12/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 1976.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AA59
3332. 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
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38268
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPAextends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
06/06/94 59 FR 29255
12/19/94 59 FR 65289
06/26/97 62 FR 34421
09/09/98 63 FR 48157
12/00/04
12/00/04
12/00/04
12/00/04
NPRM1
NPRM 2
NPRM3
NPRM4
Final 1
Final 2
Final 3
Final Action 4
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3495.
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AB27
3333. TEST RULES AND
ENFORCEABLE CONSENT
AGREEMENTS UNDER THE TOXIC
SUBSTANCES CONTROL ACT
(GENERIC ENTRY)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2611 "TSCA 12"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities that could result
in significant or substantial human or
environmental exposure, (2) the
available data to evaluate the chemical
are inadequate, and (3) testingis needed
to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop needed data via TSCA
Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EC As and
VTAs are usually less resource
intensive than formal TSCA rule-
making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA is
considering whether to require testing
on the chemicals listed below through
rulemaking, or enforceable consent
agreements (EGAs), or will 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 Interagency
Testing Committee (ITC) or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply). The list
also includes chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
Action
Date FR Cite
ANPRM (Aryl Phos)
NPRM (BFRs)
NPRM (Aryl Phos)
Final Action-ECA
(DBE)
Final Action-ECA
(TCE)
Final Action-ECA
(EDC)
Final Action-ECA
(H.F.)
Final Action-EGA
(MA)
Final Action-ECA
(P.A.)
Final Action-EGA
(ArylP)
Final Action-ECA
(DEA)
Supplemental NPRM
(BFRs)
12/29/83 48 FR 57452
06/25/91 56 FR 29140
01/17/92 57 FR 21 38
08/05/99 64 FR 42692
06/15/00 65 FR 37550
06/03/03 68 FR 331 25
12/00/04
12/00/04
12/00/04
06/00/05
06/00/05
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3493.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AB94
3334. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611 to 261212; 15 USC 2625 to 2626
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38269
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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 number may be reduced
based on new information on annual
production volumes, worker exposure,
and commitments to the HPV Challenge
Program. The action is part of the
Chemical Right-to-Know Initiative,
which is described in The Regulatory
Plan.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/26/00 65 FR 81658
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
3335. 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-relateddata
(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:
Government Levels Affected: Federal Action
Additional Information: SAN 3990. See
also the Regulatory Plan entry entitled
Chemical Right-to-Know Initiative (RIN
2070-AD25; SAN 4176).
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
Phone: 202-564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD16
Date FR Cite
Final 37th ITC List
Final 38th ITC List
Final 38th ITC
List-Stay
Final 38th-tech stay
Final 38th ITC-rev
Final 39th ITC List
Final 41st ITC List
Final 42nd ITC List
Final 47th ITC List
Final 51st ITC List
Final 53rd ITC List
Final 54th ITC List
02/28/96 61 FR 7421
10/29/96 61 FR 55871
12/11/96 61FR65186
01/07/98 63FR684
01/11/00 65 FR 1548
01/11/00 65 FR 1548
07/05/00 65 FR 41 371
07/24/00 65 FR 45535
07/26/01 66 FR 38955
06/11/03 68 FR 34832
11/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
Joseph Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202-564-8886
Fax: 202 564-4765
Email: nash.joseph@epamail.epa.gov
RIN: 2070-AB08
3336. 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.
Timetable:
Action
Date FR Cite
Final: 38th ITC List
Final: 38th ITC List
Final: 38th ITC List
Final: 38th ITC List
10/29/96
12/11/96
01/07/98
01/11/00
61 FR 55871
61 FR 65186
63FR684
65 FR 1548
69 FR 24517
Final: 43,47,50 & 51st 05/04/04
ITC Lists
Final: 54th ITC List 10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
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38270
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone:202-564-8156
Fax: 202 564-4765
Email: harris.john@epa.gov
RIN: 2070-AB11
3337. « TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: PFOA is a synthetic
(manmade) chemical that does not
occur naturally in the environment.
EPA identified data gaps regarding the
sources and exposure pathways of
PFOA and is seeking additional data
concerning the potential relationship
between fluoropolymer and
fluorotelomer based polymer chemicals
and PFOA. EPA has invited interested
parties to monitor or participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers which
may metabolize or degrade to PFOA.
These testing programs would be set in
place preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of theToxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section 4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
process is to better understand the
sources andexposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date
FR Cite
Notice
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3493.1.
Split from RIN 2070-AB94.
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ06
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3338. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 "TSCA
206"
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992, -.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASHARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments.
Timetable:
Action
Date
FR Cite
Model Plan
Interim Final Action
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
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 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: 202-564-8593
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202-566-0514
Fax:202 566-0473
Email: baney.tony@epamail.epa.gov
RIN:2070-AC51
3339. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 "TSCA
6"
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (EOF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act (TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
petition, however, the Agency believes
that a labeling provision would not
adequately address the risk of injury to
waterfowl and other birds (waterbirds),
from ingestion of lead fishing sinkers.
In addition, EPA also believes that zinc
fishing sinkers adversely affect
waterbirds, and can cause mortality.
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38271
EPA—Toxic Substances Control Act (TSCA)
Long-term Actions
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 FR Cite
ANPRM 05/13/91 56 FR 22096
NPRM 03/09/94 59 FR 11122
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3252.
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202-566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
RIN: 2070-AC21
3340. 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
fortraining and certification of training
programs for LBP activities and child
occupied facilities in 1996 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/05
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 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: 202-260-3890
Fax: 202 566-0471
Email: wolf.joel@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3341. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
Legal Authority: 15 USC 2682; 15 USC
2684; 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 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 initiated a joint
rulemaking to address the disposal of
these architectural components. The
proposed rule developed 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 proposal established appropriate
disposal standards for LBP architectural
components and identified recycling
and incineration activities that would
be controlled or prohibited. To
minimize duplication of waste
management requirements, EPA is
developed 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. On
July 31, 2000, the Office of Solid Waste
clarified that any LBP waste generated
from LBP abatements or renovation and
remodeling activities in households,
including single and multiple
residences and hotels, qualifies for the
household waste exemption from the
RCRA hazardous waste requirements of
Subtitle C. The primary purpose of
these amendments was to create less
expensive disposal options for LBP
waste. The proposal also indicated that
EPA had no plans to finalize the 1998
proposal as it pertained to the RCRA
program. On June 18, 2003, OSW
issued its final rule entitled "Criteria
for Classification of Solid Waste
Disposal Facilities." The final TSCA
rule will address remaining issues
affecting disposal, reuse, and
transportation and containerization of
LBP debris.
Timetable:
Action
Date
FR Cite
NPRM 12/18/98 63FR70189
Comment Extension 02/12/99 64FR7159
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38272
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Action
Date FR Cite
NPRM (OSW)
Final Action (OSW)
Final Action
10/23/01 66 FR 53566
06/18/03 68 FR 36487
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3508. See
also RCRA companion rule: Temporary
Suspension of Toxicity Characteristic
Rule for Specified Lead-Based Paint
Debris (SAN 4263; RIN 2050-AE68).,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
23332 Commercial and Institutional
Building Construction; 23542 Drywall,
Plastering, Acoustical and Insulation
Contractors; 23592 Glass and Glazing
Contractors; 23521 Painting and Wall
Covering Contractors; 23511 Plumbing,
Heating and Air-Conditioning
Contractors; 23321 Single Family
Housing Construction; 562111 Solid
Waste Collection; 54138 Testing
Laboratories; 23594 Wrecking and
Demolition Contractors
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202-566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AC72
3342. LEAD-BASED PAINT
ACTIVITIES; ABATEMENT
AMENDMENTS FOR RENOVATION
AND REMODELING
Priority: Other Significant. Major under
5 USC 801.
Unfunded-Mandates: Undetermined
Legal Authority: 15 USC 2682 "TSCA
402"; PL 102-550 "sec 402(c)(3)"
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory,
October 28, 1996.
Abstract: In accordance with section
402 (c) (3) of the Toxic Substances
Control Act (TSCA), EPA may consider
introducing regulatory requirements for
renovation and remodeling contractors
who work in target housing and child-
occupied facilities where, as a result of
their work, lead hazards are created. In
anticipation of these requirements, the
Agency is reviewing the existing
training and certification requirements
for abatement contractors codified at 40
CFR part 745, subpart L. The
modifications to the abatement
requirements will ensure compatibility
between the existing requirements and
any future renovation requirements.
This is necessary because there is
considerable overlap between the
workforce and techniques associated
with the two regulated activities. These
revisions will also provide an
opportunity for the Agency to address
minor technical and procedural
amendments that correct long-standing
errors in the existing requirements or
update them based on program
experiences to date.
Timetable:
Action
Date FR Cite
NPRM 05/00/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 3557.
Sectors Affected: 23599 All Other
Special Trade Contractors; 23551
Carpentry Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 531311
Residential Property Managers; 23321
Single Family Housing Construction;
54138 Testing Laboratories
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-0521
Fax: 202 566-0469
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: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC83
3343. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE 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.
Timetable:
Action
Date FR Cite
NPRM
NPRM1
Final 1
NPRM:MARAD
Petition
Final Action
12/06/94 59 FR 62875
09/17/02 67 FR 58567
01/31/03 68FR4934
09/00/04
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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
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38273
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202-566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone:202-566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AB20
3344. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2607 "TSCA
6"
CFR Citation: 40 CFR 761 (Revision)
Legal Deadline: None
Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to, Use Authorizations, Public
Participation Process, Appeals Process,
Natural Gas Pipelines, Testing and
Analysis, Manifesting of PCB Waste,
Publication Process for Validated
Alternate Decontamination Solvents
and PCB Analytical Methods and
Storage of Dedicated PCB Equipment.
The action to authorize certain non-
liquid PCB applications is also
included in this action.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 4597.
Sectors Affected: 31-33 Manufacturing;
81 Other Services (except Public
Administration); 54 Professional,
Scientific and Technical Services; 92
Public Administration; 53 Real Estate
and Rental and Leasing; 48-49
Transportation; 22 Utilities; 562 Waste
Management and Remediation Services
Agency Contact: Laura Casey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1982
Fax: 202 566-0473
Email: casey.laura@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202-566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AD52
3345. TEST RULE; HAZARDOUS AIR
POLLUTANTS(HAPS)
Priority: Other Significant
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 proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date
FR Cite
NPRM
Supp NPRM
SuppNPRM2
NPRM - Reproposal
06/26/96 61 FR 33178
12/24/97 62 FR 67466
04/21/98 63 FR 19694
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3487.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Rich Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8167
Fax: 202 564-4765
Email: leukroth.rich@epamail.epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AC76
3346. TEST RULE; CERTAIN METALS
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: 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 Agencies
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4 (a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP) and EPA pursuant to
the Comprehensive Environmental
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38274
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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,
ATSDR is to establish a list of priority
hazardous substances found at
superfund sites, develop toxicological
profiles for the hazardous substances,
identify priority data needs, and
establish a research program obtaining
the necessary data. This action is a
component of ATSDR's research
program. Data from this action would
provide specific information about the
substances for the public and scientific
communities. Data from this action
would also be used to implement
several provisions of section 112 of the
CAA, including determining risks
remaining after the application of
technology based on standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section (b)(l) list of HAPs
(delisting).
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3882.
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@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD10
3347. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
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: 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 OF As such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (ECA) 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 ECA is finalized.
Timetable:
Action
Date FR Cite
Notice to solicit 06/00/05
Notice ECA 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4174.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202-564-8171
Fax: 202 564-4765
Email:
penberthy.ward@epamail.epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202-564-8174
Fax: 202-564-4765
Email:
semeniuk.geoige@epamail.epa.gov
RIN: 2070-AD28
3348. SIGNIFICANT NEW USE RULE
(SNUR); REFRACTORY CERAMIC
FIBERS (RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
5"; 15 USC 2605 "TSCA 6"
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act CTSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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: 202-564-8593
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone:202-566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
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38275
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3349. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. Any
needed testing on the HPV chemicals
in the HPV Challenge Program should
be completed by 2004 with all data
available to the public by 2005. The
Agency intends to consider specific
chemicals which are not voluntarily
sponsored in the HPV Challenge
Program as candidates for test rules
under Section 4 of the Toxic
Substances Control Act (TSCA).
Although this Initiative is not a
rulemaking, EPA has included it in the
Regulatory Agenda to inform the
public.
Timetable:
Action
Date FR Cite
12/26/00 65 FR 81686
12/00/05
Notice
Notice: Initiative
Complete
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4176. See
also items identified under the
following RINs 2070-AD09; 2070-AD38;
RIN 2070-AD16; RIN 2070-AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202-564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AD25
3350. 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 forcommercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4598.
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8983
Fax: 202 564-9062
Email: chow.flora@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD53
3351. 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. 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
that apply to these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/06
05/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN 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 Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washingtoa
DC 20460
Phone: 202-566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD64
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3352. LEAD; NOTIFICATION
REQUIREMENTS FOR LEAD-BASED
PAINT ABATEMENT ACTIVITIES AND
TRAINING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Final Action 04/08/04 69 FR 18495
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Mike Wilson
Phone: 202-566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
Julie Simpson
Phone: 202-566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD31
3353. TEST RULE; IN VITRO DERMAL
ABSORPTION RATE TESTING OF
CERTAIN CHEMICALS OF INTEREST
TO THE OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 790 to 799
Completed:
Reason
Date
FR Cite
Final Action 04/26/04 69 FR 22402
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Catherine Roman
Phone: 202-564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer
Phone: 202-564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD42
3354. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date FR Cite
Final Action
06/03/03 68 FR 33129
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Richard Hefter
Phone: 202 564-7649
Fax: 202 564-7460
Email: hefter.richard@epa.gov
Terry O'Bryan
Phone: 202 564-7656
Fax: 202 564-7450
Email: obryan.terry@epa.gov
RIN: 2070-AC80
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Federal Register/Vol. 69, No. 123/Monday. June 28, 2004/Unified Agenda
38277
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3355. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION.
Priority: Other Significant
Legal Authority: 42 USC 11001
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity CTPQ) 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 die 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 302-304 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 FR Cite
NPRM 05/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.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@epamail.epa.gov
RIN: 2050-AF08
3356. 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 fTRI)), dloxin
and dioxin-like compounds are
reported in units of grains 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 die 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 die TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds witii other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action
Date
FR Cite
NPRM 08/00/04
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4692. TRI
has not converted to NAICS so the
Standard Industrial Classification (SIC)
Codes are listed: SIC Code 10 Metal
Mining (except SIC codes 1011, 1081,
and 1094), SIC Code 12 Coal Mining
(except SIC code 1241), SIC Code 20-
39 Manufacturing, SIC Codes 4911,
4931, and 4939 Electric Utilities
(limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce),
SIC Code 4953 Commercial Hazardous
Waste Treatment (limited to facilities
regulated under die RCRA, subtitie C,
42 U.S.C. section 6921 et seq.). SIC
Code 5169 Chemicals and Allied
Products-Wholesale. SIC Code 5171
Petroleum Bulk Terminals and Plants,
SIC Code 7389 Solvent Recovery
Services (limited to facilities primarily
engaged in solvent recovery services on
a contract or fee basis).
URL For More Information:
www.epa.gov/tri
Agency Contact Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushrnan.daniel@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-AA12
3357. • TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11023 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The primary goal of this
effort by EPA is to reduce burdens
associated with TRI reporting while at
the same time continuing to provide
valuable information to the public
consistent with die goals and statutory
requirements of die TRI program. But
at the same time ensures that Toxics
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38278
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Release Inventory (TRI) continues to
provide communities with the same
high level of significant chemical
release and other waste management
information.
Timetable:
Action
NPRM
Final Action
Date
05/00/05
05/00/06
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4896.
Agency Contact: Cassandra Vail,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202-566-0753
Fax: 202 566-0741
Email: vail.cassandra@epamail.epa.gov
Evangeline Cummings, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202-566-0621
Fax: 202-566-0706
Email:
cummings.evangeline@epamail.epa.gov
RIN: 2025-AA14
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3358. 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) 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. The
proposed rule was published on
November 12, 2003. EPA received nine
comments, eight of those were from
organizations which supported the
delisting of phosmet. EPA is in the
process of finalizing this action.
Timetable:
Action Date FR Cite
NPRM
Final Action
11/12/03 68 FR 64041
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3994.
Sectors Affected: 42291 Farm Supplies
Wholesalers; 11133 Noncitrus Fruit and
Tree Nut Farming; 111421 Nursery and
Tree Production
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@epamail.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@epamail.epa.gov
RIN: 2050-AE42
3359. RULEMAKING TO CHANGE
TOXIC RELEASE INVENTORY (TRI)
REPORTING REQUIREMENTS FROM
STANDARD INDUSTRIAL
CLASSIFICATION (SIC) CODES TO
NORTH AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM (NAICS)
CODES
Priority: Info./Admin./Other
Legal Authority: "Not Yet Determined"
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/21/03 68 FR 13872
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4595.
Sectors Affected: 212 Mining (except
Oil and Gas); 221 Utilities; 562 Waste
Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
www.epa.gov/tri
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38279
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3360. 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 currency 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:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 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:
rodriguez.vanessa@epamail.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@epamail.epa.gov
RIN: 2050-AE17
3361. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
Legal Authority: 42 USC 1101 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: When TRI was established by
Congress in 1986, the statutory
language placed 309 chemicals and 20
categories of chemicals on the TRI list;
that is referred to as the original TRI
list. The chemicals on the original list
were taken from two existing lists of
toxic substances: the Maryland
Chemical Inventory Report List of
Toxic or Hazardous Substances, and the
New Jersey Environmental Hazardous
Substances list. This action constitutes
the first systematic review of toxicology
and environmental data for all the
chemicals on the original TRI list to
determine whether data for those
chemicals conform with the statutory
criteria for listing of chemicals on TRI.
Chemicals for which data do not meet
the statutory criteria will be delisted.
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM
Supp NPRM
06/08/98 63 FR 31268
To Be Determined
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4015.
Formerly listed as RIN 2070-AD 18.
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169) Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent RecoveryServices
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
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@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-AA03
3362. 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.
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38280
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
10/27/95 60 FR 54949
09/05/00 65 FR 53681
08/22/01 66 FR 44107
02/00/05
02/00/05
08/00/05
11/00/05
To Be Determined
Notice-DBNPA
NPRM-Diisononyl
phthalate
Report-Alloys
Response-
Acetonitrile
Response-Chromium
Antimony Titanate
FinaMDBNPA
Final-Diisononyl
phthalate
Response-19 Volatile
corrosion inhibitor
chemicals
Response-Nitrogen To Be Determined
tetroxide
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 2425.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
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
3363. 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 FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4265.
Formerly listed as RIN 2070-AD39. By
Statute and Regulation, this rule will
affect SIC codes 20-39, 10 (except SIC
codes 1011, 1081, 1094), 12 (except SIC
code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202-566-0758
Fax:202566-0741
Email: edmonds.marc@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-AA06
3364. 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 thePPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991, proposed rule.
Timetable:
Action
Date
FR Cite
09/25/91 56 FR 48475
03/31/99 64 FR 15324
To Be Determined
NPRM
Notice of receipt
Response
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38281
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Government Levels Affected: Federal,
State
Additional Information: SAN 2847.
Formerly listed as RIN 2070-AC24.
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and AUied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: 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
3365. 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
FR Cite
NPRM
Final Action
09/00/05
09/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
• Undetermined
Federalism: Undetermined
Additional Information: SAN 4616.
URL For More Information:
www.epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202-566-0758
Fax:202566-0741
Email: edmonds.marc@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-AA11
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3366. TRADE SECRECY CLAIMS FOR
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
INFORMATION; AND TRADE SECRET
DISCLOSURES TO HEALTH
PROFESSIONALS; AMENDMENT
Priority: Info./Admin./Other
CFR Citation: 40 CFR 350.16; 40 CFR
350.17; 40 CFR 350.27
Completed:
Reason
Date
FR Cite
NPRM
Direct Final
11/14/03 68 FR 64726
11/14/03 68 FR 64719
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sicy Jacob
Phone: 202-564-8019
Fax: 202 564-8233
Email: jacob.sicy@epamail.epa.gov
Larry Reisman
Phone: 202-566-0751
Fax: 202564-0741
Email: reisman.larry@epamail.epa.gov
RIN: 2050-AF10
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38282
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3367. • LAND DISPOSAL
RESTRICTIONS PHASE III:
DECHARACTERIZED WASTEWATERS,
CARBAMATE WASTES, AND SPENT
POTLINERS (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 148; 40 CFR 268;
40 CFR 271; 40 CFR 403
Legal Deadline: None
Abstract: In April 1996, the
Environmental Protection Agency (EPA)
promulgated regulations establishing
land disposal restrictions (LDR)
treatment standards for certain
hazardous wastes (61 FR 15566 and 61
FR 15660, April 8, 1996). EPA issued
the LDR regulations under the
Hazardous and Solid Waste
Amendments to the Resource
Conservation and Recovery Act. They
became effective on April 5, 1996. EPA
did not perform a regulatory flexibility
analysis for this rule because, at that
time, no data on potentially affected
small entities were available. Also, due
to the statutory requirements of the
LDR program, no legal avenues existed
for the Agency to provide relief from
the LDRs for small entities.
This gives notice that EPA will review
the LDR regulations 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,
orlocal government rules; and the
degree to which technology, economic
conditions, or other relevant factors
have changed since the rule was
promulgated. This rule is statutorily
required. While EPA may be able to
make amendments in accordance with
comments received, the rule may not
be rescinded. EPA also will welcome
comments on any other aspect of the
rule. In submitting comments, please
reference Docket ID number RCRA-
2004-0004, and follow the instructions
provided in Unit G of the preambleto
the Regulatory Agenda.
EPA continues to view this regulation
as a vital component of efforts to
protect human health and the
environment. EPA intends to continue
to require compliance with the
regulation.
Timetable:
Action
Date
FR Cite
Begin Review 06/00/04
End Comment Period 07/00/04
End Review 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4898.
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@epamail.epa.gov
RIN: 2050-AG17
3368. • LAND DISPOSAL
RESTRICTIONS PHASE II: UNIVERSAL
TREATMENT STANDARDS, AND
TREATMENT STANDARDS FOR
ORGANIC TOXICITY
CHARACTERISTIC WASTES AND
NEWLY LISTED WASTES (SECTION
610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 148; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: In September 1994, the
Environmental Protection Agency (EPA)
promulgated regulations establishing
land disposal restrictions (LDR)
treatment standards for certain
hazardous wastes (59 FR 47982,
September 19, 1994). EPA issued the
LDR regulations under the Hazardous
and Solid Waste Amendments to the
Resource Conservation and Recovery
Act. They became effective on
December 19, 1994. EPA did not
perform a regulatory flexibility analysis
for this rule because, at that time, no
data on potentially affected small
entities were available. Also, due to the
statutory requirements of the LDR
program, no legal avenues existed for
the Agency to provide relief from the
LDR's for small entities.
This gives notice that EPA will review
the LDR regulations 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; die 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. This rule is statutorily
required. While EPA may be able to
make amendments in accordance with
comments received, the rule may not
be rescinded. EPA also will welcome
comments on any other aspect of the
rule. In submitting comments, please
reference Docket ID number RCRA-
2004-0003, and follow the instructions
provided in Unit G of the preamble to
the Regulatory Agenda.
EPA continues to view this regulation
as a vital component of efforts to
protect human health and the
environment. EPA intends to continue
to require compliance with the
regulation.
Timetable:
Action
Date FR Cite
Begin Review 06/00/04
End Comment Period 07/00/04
End Review 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4897.
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@epamail.epa.gov
RIN: 2050-AG19
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38283
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3369. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
amending the Federal criteria for
municipal solid waste landfills
(MSWLF) to allow leachate
recirculation over alternative liner
systems which meet the performance
standard specified by the MSWLF
criteria. The performance determination
would be made by the State director
of an approved MSWLF program. EPA
also plans to propose a new section to
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 for
determining the frequency of ground
water monitoring for the detection
monitoring program specified in this
subpart. The additional factor for
consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
less than once a year as stated in the
existing regulation.
The Federal role is to establish
minimum protective criteria. This
proposal would allow additional
flexibility for facility managers of
municipal landfills to achieve
compliance with the criteria. By
providing additional flexibility this
proposal will reduce potential costs
while providing alternative means of
environmental protection.
Timetable:
Action
Date
FR Cite
NODA 04/06/00 65 FR 18014
NPRM 10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN 4230.
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Craig Dufficy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703-308-9037
Fax: 703 308-8686
Email: dufficy.craig@epamail.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@epamail.epa.gov
RIN: 2050-AE67
3370. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision)
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 to 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 United States was
actively involved in the negotiation of
a legally binding OECD multilateral
agreement to create a more streamlined
system. OECD member countries are
then obligated to transfer the terms of
the multilateral agreement to their
domestic regulations in order for the
multilateral agreement to have legal
authority. This regulation would be
amended to comply with changes
passed by the OECD Council. Existing
waste lists may be restructured to
comply with the new OECD waste lists.
As such, previously existing waste lists
may be renamed according to adopted
OECD terminology. Shipments of small
waste amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon final
recovery of wastes and timeframes for
recovery operations may be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because international exports
and imports are overseen at the Federal
level due to the foreign powers
authority clause.
Many alternatives were considered by
government and industry during the
intensive negotiations on the legally
binding multilateral agreement, with
the United States having a great deal
of influence over which alternatives
were in the final agreement. The
Agency plans to codify the streamlining
provisions of the OECD multilateral
agreement, regulating exporters and
importers of waste recyclables.
Exporters and importers of waste
recyclables will need to implement the
international uniform procedures of the
OECD multilateral agreement, however
these costs will be less than would be
needed to deal with 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 FR Cite
NPRM 06/00/05
Direct Final 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4606.
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38284
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency Contact: Maximo Diaz,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-0439
Fax: 703 308-0514
Email: diaz.maximo@epamail.epa.gov
Frank Mcalister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8196
Fax: 703 308-0514
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AE93
3371. 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;
40CFR280;40CFR761
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
rulerrtaking, 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 FR Cite
NPRM Original
NPRM
NODA
Final
07/01/91 56 FR 30201
10/12/94 59 FR 51523
12/00/04
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 2647.
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703-308-8192
Fax:703 308-8609
Email: ruhter.dale@epamail.epa.gov
RIN: 2050-AC71
3372. LAND DISPOSAL
RESTRICTIONS: DETERMINATION OF
EQUIVALENT TREATMENT FOR
MACROENCAPSULATION OF
RADIOACTIVE LEAD SOLIDS;
DEFINITION OF
MACROENCAPSULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924.
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: EPA anticipates taking action
to grant a national determination of
equivalent treatment petition at the
request of the Department of Energy.
Currently the use of containers is
prohibited for the disposal of
radioactive lead solids. This
necessitates the segregation and
separation of radioactive lead solids
from other debris. Containers of high
density polyethylene (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. We believe
these changes in disposal practices will
promote more efficient cleanup of
contaminated sites by removing a
regulatory distinction between
radioactive lead solids and other forms
of hazardous debris, reduce worker
exposures, and promote further
advancement in new technologies for
disposal. The use of containers are
expected to be less costly than
extrusion coatings and, therefore, this
action would be cost neutral to cost
beneficial to the Department of Energy
and other generators of radioactive lead
solids.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Rule
10/00/04
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
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38285
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Additional Information: SAN 4743.
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt rule.
Agency Contact: Nicole Schindler,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703-308-0146
Fax: 703 308-8433
Email:
schindler.nicole@epamail.epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703-306-0206
Fax: 703 308-8433
Email: davis.hugh@epamail.epa.gov
RIN: 2050-AF12
3373. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The Performance Track
program provides recognition and
incentives for facilities that
demonstrate to the Agency that they are
top environmental performers.
Performance Track is a voluntary,
facility based program that reviews
applicants twice a year for conformance
to four core criteria. These criteria are:
a commitment to continuous
improvement, a well-functioning
Environmental Management system in
place for at least one year, a solid
record of compliance, and a
commitment to community outreach
and annual public reporting. Currently
there are 344 members in Performance
Track. In this action, EPA plans to
propose permit modifications,
performance based standards for tanks
and generator standards, and reduced
duplication between RCRA and CAA
standards. These incentives will be
available only to facilities that are
members of die Performance Track
program. Should a facility choose to
leave the program, any regulatory
benefits they receive will no longer be
available. Performance Track facilities
commit to environmental
improvements that reach beyond
regulatory compliance, and as such
benefits are quantifiable via each
member facilities' annual report, and in
aggregate through EPA's progress
reports on the program. In EPA's first
Performance Track progress report,
member facilities collectively reduced:
energy use by 1.1 million mmBtus,
water use by 475 million gallons,
hazardous materials use by 908 tons,
emissions of volatile organic
compounds (VOCs) by 329 tons,
emissions ofair toxics by 57 tons,
emission of nitrogen oxides (NOx) by
152 tons, discharges to water of
biochemical oxygen demand (BOD),
chemical oxygen demand (COD), and
total suspended solids (TSS) by 1,227
tons, toxic discharges to water 5,543
tons, solid waste by 150,000 tons, and
hazardous waste by 692 tons.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/04
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4828.
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1808T,
Washington, DC 20460
Phone: 202-566-2884
Fax: 202-566-0966
Email: sachs.robert@.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1808T, Washington, DC 20460
Phone: 202-566-2872
Fax: 202 566-2985
Email: guest.david@epamail.epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3374. 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 alsobe 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 FR Cite
NPRM
Final Action
10/12/01 66 FR 52192
02/00/05
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4028.
Sectors Affected: 3251 Basic Chemical
Manufacturing; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32411 Petroleum
Refineries; 325211 Plastics Material and
Resin Manufacturing; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
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@epamail.epa.gov
RIN: 2050-AE44
3375. 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 (CPG1, 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. EPA will propose item
designations in CPG5. Shortly
afterwards, EPA will issue final item
designations in CPG4. EPA recently
published a Notice of Data Availability
for a prospective designation of nylon
carpet.
Timetable:
Action
Date
FR Cite
Notice-PPRMA
Notice-RMAN1
NPRM
Final-CPG3-RMAN3
Notice-NAFD
NPRM-
CPG4-RMAN4
Notice
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
06/08/98 63 FR 31214
06/08/98 63 FR 31217
08/26/98 63 FR 45558
01/19/00 65 FR 3069
01/19/00 65 FR 3082
08/28/01 66 FR 45256
07/16/03 68 FR 42040
12/10/03 68 FR 68813
04/30/04 69 FR 24028
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 3545.
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, 5306W, Washington, DC 20460
Phone: 703 308-0199
Fax: 703 308-8686
Email: nogas.sue@epa.gov
RIN: 2050-AE23
3376. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6936; 42 USC 6937; 42 USC
6938; 42 USC 6939; 42 USC 6974; 42
USC 9601; 42 USC 9614 (c)
CFR Citation: 40 CFR 258; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270; 40 CFR 279
Legal Deadline: None
Abstract: The Test Methods for
Evaluating Solid Waste,
Physical/Chemical Methods (also
known as SW-846) ensures the
availability of established, validated
methods for the measurements and
monitoring needed for the Resource
Conservation and Recovery Act (RCRA)
program. 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). 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, EA 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.
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
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38287
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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 FR Cite
10/30/02 67 FR 66252
10/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3989.
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, 5307W, Washington, DC 20460
Phone: 703-308-0490
Fax:703308-0511
Email: kirkland.kim@epamail.epa.gov
RIN: 2050-AE41
3377. 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
multicopy 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 FR Cite
NPRM
Final Action
05/22/01 66 FR 28240
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 3147.
Because of significant issues identified
during the public comment period on
the electronic manifest part of the rule,
this part of the rule has been separated
from the form revisions part of the rule
for purposes of publishing a final
action. The form revisions part of the
rule will be finalized first, while final
action on the electronic manifest must
await further stakeholder outreach and
analysis.
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal;
483 Water Transportation
Agency Contact: Rich Lashier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
Bryan Grace, 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
3378. OFFICE OF SOLID WASTE
BURDEN REDUCTION INITIATIVE
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6944; 42 USC 6949(a);
42 USC 6974; PL 104-13
CFR Citation: 40 CFR 261.38; 40 CFR
264.16; 40 CFR 264.52; 40 CFR 264.56;
40 CFR 264.73; 40 CFR 264.98 et seq;
40 CFR 265.16; 40 CFR 265.52; 40 CFR
265.56; 40 CFR 265.73; 40 CFR 265.98
et seq; 40 CFR 266.103; 40 CFR 261.4;
40 CFR 268.7; 40 CFR 268.9
Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal 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 to eliminate duplicative
and nonessential paperwork. After
reviewing the comments received on
the NODA, EPA proposed (67 FR 2518,
1/17/02) to implement many of these
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ideas. EPA issued a notice (68 FR
61662; 10/29/03) seeking further input
on a number of changes we proposed.
EPA plans to finalize this burden
reduction effort.
Timetable:
Action
Date
FR Cite
NODA1
NPRM
NODA2
Final Action
06/18/99 64 FR 32859
01/17/02 67FR2518
10/29/03 68 FR 61662
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4084.
Applicable SIC codes: Chemicals and
Allied Products (28), Primary Metal
Industries (33), Fabricated Metals (34),
Industrial Machinery and Equipment
(35), Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 323
Printing and Related Support Activities;
562 Waste Management and
Remediation Services
Agency Contact: 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@epamail.epa.gov
RIN: 2050-AE50
3379. 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 alsobe added to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA).
On November 25, 2003, we proposed
to list nonwastewaters from the
production of dyes and/or pigments
when those wastes contain mass
loadings of any of eight specific organic
constituents of concern above proposed
listing levels on an annual basis. We
proposed a contingency that would
exempt these wastes if they are
managed in landfills meeting
appropriate design criteria (so long as
a mass loadinglevel for toluene-2,4-
diamine is not exceeded). This proposal
will provide the benefit of protecting
human health and the environment. At
the same time, we are providing
specific risk-reduction goals for
industry, which, if met, will
significantly reduce the regulatory
burden associated with the listing
determination. The estimated
incremental compliance costs for the
proposal to the dyes and/or pigments
industries are in the range of $0.5 to
$4.3 million per year, depending on
total waste quantity manage,
nonconditional mass loading levels,
and the number of affected facilities.
We expect impacts on small businesses
to be minimal.
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 replaces the 1994 and 1999
proposals. The re-proposal also
identifies 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).
Manufacturers of these products will
need to assess their wastes to determine
whether they meet the final listing
definitions.
Timetable:
Action
Date FR Cite
NPRM-Dyes1
NPRM-Dyes2
NPRM3
Final Action
12/22/94 59 FR 66072
07/23/99 64 FR 40192
11/25/03 68 FR 66164
02/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 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: 703 308-0514
Email: dipietro.gwen@epamail.epa.gov
Robert Kayser, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-7304
Fax: 703 308-0514
Email: kayser.robert@epamail.epa.gov
RIN: 2050-AD80
3380. 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
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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 mercury, increasing resource
recovery, and enhancing protection of
human health and the environment.
Timetable:
Action
Date FR Cite
06/12/02 67 FR 40507
03/00/05
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 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: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
RIN: 2050-AE52
3381. 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)
to261.3(a)(2)(lv)(
Legal Deadline: None
Abstract: This revision to the
wastewater treatment exemptions for
hazardous waste mixtures has been
proposed to 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 rule, if finalized,
will save $11 to 49 million in
compliance costs. EPA proposed 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) - (B). EPA proposed
not to take action on two other
solvents, 2-nitropropane and 1,1,2-
trichloroethane. In addition, EPA has
proposed (1) changing 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. 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
FR Cite
NPRM
Final Action
04/08/03 68 FR 17234
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4501.
This rule has been nominated for
reform in OMB's Report to Congress on
the Costs and Benefits of Regulation,
Appendix A. OMB has given it a high
priority level.
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services
URL For Public Comments:
www.epa.gov/edocket
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-7418
Fax: 703 308-0522
Email: lauer.lisa@epamail.epa.gov
RIN: 2050-AE84
3382. 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 63; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial, March
31, 2004, Consent decree for Phase 2
portion of rule.
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. EPA
will ultimately finalize the Phase I
replacement standards. Also, EPA is
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 n Sources because
the standards were originally scheduled
to be promulgated after Phase I source
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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 has developed options
for calculating the emission standards
that are considered to be consistent
with both the statutory requirements
and the opinion of the Court. EPA has
proposed emission standards and
compliance provisions for both the
Phase I and Phase II sources.
Timetable:
Action
NPRM-CK
Final-Fasttrack
Final-CK
NODA
DF1
NPRM-Phase1
Parallel Proposal
Direct Final Action
Final Compliance
Exten.
Interim Final Action
Final HAP
NPRM-Phases1&2
Final Action
Date FR Cite
04/19/96 61 FR 17358
06/19/98 63 FR 33782
09/30/99 64 FR 52828
07/27/00 65 FR 39581
07/03/01 66 FR 35087
07/03/01 66 FR 351 26
07/03/01 66 FR 35124
10/15/01 66 FR 52361
12/06/01 66 FR 63313
02/13/02 67 FR 6792
02/14/02 67 FR 6968
04/20/04 69FR21197
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 3333. For
information on the Phase I portion of
this effort, see SAN 4418, RIN 2050-
AE79.
Sectors Affected: 3335 -; 3343 Audio
and Video Equipment Manufacturing;
3251 Basic Chemical Manufacturing;
3273 Cement and Concrete Product
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3328
Coating, Engraving, Heat Treating and
Allied Activities; 3342 Communications
Equipment Manufacturing; 3341
Computer and Peripheral Equipment
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 45431 Fuel Dealers; 3332
Industrial Machinery Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3327 Machine
Shops, Turned Product, and Screw, Nut
and Bolt Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 2123 Non-Metallic
Mineral Mining and Quarrying; 3259
Other Chemical Product Manufacturing;
3329 Other Fabricated Metal Product
Manufacturing; 3339 Other General
Purpose Machinery Manufacturing;
3279 Other Nonmetallic Mineral
Product Manufacturing; 3255 Paint,
Coating, Adhesive, and Sealant
Manufacturing; 3253 Pesticide,
Fertilizer and Other Agricultural
Chemical Manufacturing; 3241
Petroleum and Coal Products
Manufacturing; 4227 Petroleum and
Petroleum Products Wholesalers; 3254
Pharmaceutical and Medicine
Manufacturing; 3231 Printing and
Related Support Activities; 5629
Remediation and Other Waste
Management Services; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing; 3344 Semiconductor
and Other Electronic Component
Manufacturing; 22132 Sewage
Treatment Facilities; 5622 Waste
Treatment and Disposal
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@epamail.epa.gov
RIN: 2050-AE01
3383. PROJECT XL —
ORTHO-MCNEIL PILOT PROJECT
ALLOWING ON-SITE TREATMENT OF
LOW-LEVEL MIXED WASTES
WITHOUT RCRA PERMIT
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924 (y); 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This site-specific rulemaking
would allow Ortho-McNeil
Pharmaceutical (OMP) to treat small
volumes of low-level mixed wastes on-
site using a bench-scale catalytic
oxidizing treatment unit as an
alternative to long-term storage and off-
site transportation and land disposal at
a Nuclear Regulatory Commission
(NRC)-licensed, Resource Conservation
and Recovery Act permitted Treatment,
Storage and Disposal Facility. This
treatment effectively destroys the
organic component of the wastestream,
yielding a residual that is only a low-
level radioactive waste and can be
disposed at an NRC-licensed low-level
radioactive waste disposal facility.
OMP is also working with various
companies to develop and test recovery
technologies that could be used in lieu
of disposal.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/24/01 66 FR 38395
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4439.
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1802, Washington, DC 20460
Phone: 202-566-2177
Fax: 202 566-2200
Email: perla.donna@epamail.epa.gov
RIN: 2090-AA14
3384. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
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presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date
FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 04/14/03 68 FR 18042
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4565.
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703-308-6787
Fax: 703 308-0513
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3385. 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;
40CFR261;40CFR264
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 ground water and limits risk
from releases of dust to air.
Timetable:
Action
Date FR Cite
Regulatory
Determination
NPRM
Notice - Extend
Comment Period
NODA1
Notice-Extend
Comment Period
Final Action
02/07/95 60 FR 7366
08/20/99 64 FR 45632
10/28/99 64 FR 58022
07/25/02 67 FR 48648
11/08/02 67 FR 68130
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 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@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703-308-8431
Fax: 703-308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE34
3386. 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 694 4 (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 underRCRA are appropriate
for certain coal combustion wastes. The
utility industry has made significant
improvement in its waste management
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Long-Term Actions
practfces over recent years, and most
state regulatory programs are similarly
improving. However, public comment
and other analyses have convinced the
Agency that coal combustion wastes
could pose significant risks to human
health and the environment if they are
not properly managed. There is
sufficient evidence that adequate
controls may not be in place. For
example, 62 percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these wastes. The intended benefits of
this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency is currently analyzing the
human health and eco risks, costs, and
economic impact of this action as it
develops the proposed regulation. The
Agency has considered alternatives to
this action, including regulating these
wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and state and
local governments to focus on these
remaining waste management issues
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency also believes the timeframe
for improvement of current practices is
likely to be longer in the absence of
federal regulation.
Timetable:
Action
Date
FR Cite
NPRM
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 4470.
This rule may also impact federal, state,
local or tribal governments that own
coal-burning commercial electric power
generating facilities.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703-308-7251
Fax: 703-308-8686
Email:
livnat.alexander@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703-308-8431
Fax: 703-308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE81
3387. 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, buthas 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
FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 4469.
This rule may also impact Federal,
State, local or tribal governments that
own/operate coal-burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
mines that accept coal combustion
wastes.
Sectors Affected: 325 Chemical
Manufacturing; 2121 Coal Mining;
22112 Electric Power Transmission,
Control and Distribution; 311 Food
Manufacturing; 337 Furniture and
Related Product Manufacturing; 62
Health Care and Social Assistance; 322
Paper Manufacturing; 331 Primary
Metal Manufacturing; 313 Textile Mills;
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Long-Term Actions
336 Transportation Equipment
Manufacturing
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703-308-8429
Fax: 703-308-8686
Email:
robinson.bonnie@epamail.epa.gov
RIN: 2050-AE83
3388. 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-FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6974
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil-
bearing secondary materials, generated
by the petroleum refining industry and
others, from the definition of solid
waste if the materials are destined to
be processed in a gasification device
manufacturing synthesis gas fuel. We
are considering this exclusion in order
to clarify and simplify RCRA
jurisdiction, and to be consistent with
other comparable existing exclusions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/25/02 67 FR 13684
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4411.
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Agency Contact: Larry Gonzalez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703-308-8605
Fax: 703 308-8433
Email: gonzalez.larry@epamail.epa.gov
William Brandes, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703-308-8871
Fax: 703 308-8433
Email:
brandes.william@epamail.epa.gov
RIN: 2050-AE78
3389. 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;
40 CFR 270.16, 270.17
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 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@epamail.epa.gov
RIN: 2050-AF01
3390. 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
FR Cite
NPRM 12/26/02 67 FR 78761
Direct Final Rule 12/26/02 67 FR 78718
Withdrawal of Direct 02/24/03 68 FR 8553
Final Rule
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Additional Information: SAN 4701.
Agency Contact: Marie Holman,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19107
Phone:215-814-5463
Fax: 215 814-2782
Email: holman.marie@epamail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
Philadelphia, 1807T, Washington, DC
20460
Phone:202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3391. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 "RCRA
3001"
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral.UST cleanup procedures would
be adversely affected, resulting in
delays in remedial action and increases
in remediation costs. Since this action
is deregulatory, there are no adverse
effects on small businesses, or on State,
local, or tribal governments.
Timetable:
Action
Date
FR Cite
02/12/93 58 FR 8504
12/00/06
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 3189.
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703-603-7166
Fax: 202 603-0175
Email: ng.sammy@epamail.epa.gov
RIN: 2050-AD69
3392. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent-contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over-regulated
because they pose little threat to human
health and the environment. Industrial
wipes are used with solvents across
industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic subsectors, but many users
use small numbers of wipes with small
amounts of solvents on them.
If finalized, this regulation would
provide regulatory relief for two types
of solvent-contaminated industrial
wipes: (1) disposable wipes, which are
disposed of in a landfill or by
combustion after use, and (2) reusable
wipes, which are laundered after use
to remove the solvent and then are
used again. EPA proposed to
conditionally exclude disposable
industrial wipes from the definition of
hazardous waste and to conditionally
exclude reusable industrial wipes from
the definition of solid waste.
The regulation, if finalized, is estimated
to result in $34 million of savings
throughout the economy and has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/20/03 68 FR65586
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4091.
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
Agency Contact: 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@epamail.epa.gov
RIN: 2050-AE51
3393. 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
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38295
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
relief to generators and handlers of
F006. All options would reduce
regulatory costs to generators and
handlers relative to the current RCRA
Subtitle C regulatory program.
Timetable:
Action
Date FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4651.
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8827
Fax:703308-0514
Email: oleary.jim@epamail.epa.gov
James Michael, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8610
Fax: 703 308-0514
Email: michael.james@epamail.epa.gov
RIN: 2050-AE97
3394. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority: Other Significant
Legal Authority: 42 USC 6903"RCRA
Section 1004"
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: Under RCRA, to be a
hazardous waste, a material must also
be a solid waste. EPA's framework for
determining whether a material is a
solid waste is based on what the
material is, and how it's managed (e.g.,
how it is used, reused, etc.). For
materials being recycled, RCRA
jurisdiction is complex and the history
of legal decisions related to the
definition of solid waste is extensive.
Primarily, in response to American
Mining Congress v. EPA, 824 F. 2d
1177(D.C. Cir. 1987) ("AMC I") and one
of the most recent decisions, the
Association of Battery Recyclers, v.
EPA 208 F.3d 1047 (2000) ("ABR"),
EPA has proposed to revise the
definition of solid waste. We
specifically addressed materials
undergoing reclamation. In the context
of reclamation, we discussed options
for how to distinguish materials that
are discarded from materials that
remain in use in a continuous process
in the generating industry. The rule
would also establish criteria for
determining whether or not hazardous
secondary materials are recycled
legitimately.
Timetable:
Action
Date FR Cite
NPRM 10/28/03 68 FR 61558
Final Action 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN 4670.
Nominated for reform in OMB's Report
to Congress on the Costs and Benefits
of Regulations, Appendix A to revise
the definition of solid waste rule to
grant an exemption from RCRA for
materials destined for recycling or
reuse. OMB has given it a medium
priority level.
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-605-0709
Fax: 703 308-0522
Email:
rosencrantz. ingrid@epamail.epa.gov
RIN: 2050-AE98
3395. REVISIONS OF THE LEAD-ACID
BATTERY EXPORT NOTIFICATION
AND CONSENT REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR subpart G 266.80
(a)
Legal Deadline: None
Abstract: Currently, generators,
transporters and facilities that reclaim
but do not store spent lead-acid
batteries are exempt from hazardous
waste management requirements, as
specified in 40 CFR Part 266 subpart
G. Spent lead-acid batteries destined for
export/reclamation are not, therefore,
subject to RCRA manifesting or export
notification and consent requirements
specified in 40 CFR Part 262. Allowing
the export of spent lead-acid batteries
without prior notice and consent of the
receiving country is not consistent with
widely-accepted international practices.
Similarly, the exemption contrasts with
more recent Universal Waste
requirements in 40 CFR Part 262,
which require export notice and
consent for comparable waste streams.
The purpose of this regulation is to
modify the spent lead-acid battery
exemption to require appropriate notice
and consent for those batteries intended
for export.
Timetable:
Action
Date FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4778.
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
Frank Mcalister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8196
Fax: 703308-0514
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AF06
3396. REGULATORY AMENDMENTS
TO THE F019 HAZARDOUS WASTE
LISTING TO EXCLUDE THE
WASTEWATER TREATMENT
SLUDGES FROM THE CHEMICAL
CONVERSION COATING PROCESS
(ZINC PHOSPHATING) OF
AUTOMOBILE BODIES OF ALUMINUM
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 1006 et seq
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Legal Deadline: None
Abstract: Automobile manufacturers
are adding aluminum or aluminized
components to automobiles to reduce
the weight of vehicles to increase fuel
economy. When aluminum components
are added to the automobile assembly
process, the current federal regulations
require that the wastewater treatment
sludges generated from this conversion
coating process be managed as a
hazardous waste under the Resource
Conservation and Recovery Act. EPA
intends to reduce burden on the
regulated community by revising the
current RCRA regulations that apply to
the wastewater treatment sludges from
the chemical conversion coating (zinc
phosphating) of aluminum.
Timetable:
Action
Date
FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4834.
Agency Contact: James Michael,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8610
Fax: 703 308-0514
Email: michael.james@epamail.epa.gov
GailAnn Cooper, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone:703-308-8419
Fax: 703 308-0514
Email: cooper.gailann@epamail.epa.gov
RIN: 2050-AG15
3397. • STREAMLINING
LABORATORY WASTE MANAGEMENT
IN ACADEMIC AND RESEARCH
LABORATORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The Laboratory Initiative is
focusing on ways to make the Resource
Conservation and Recovery Act a better
fit for the laboratory setting and to
improve reuse, recycling, and the
overall management of chemicals in the
laboratory settings. EPA recognizes the
unique aspects of research and
academic laboratories compared with
large manufacturing processes. For
example, research and academic
laboratories generate small amounts of
many different wastes while large
manufacturing processes tend to
generate large amounts of a few wastes.
Our goal is to improve the program to
better protect human health and the
environment, through standards that
are harmonious with the way
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by improving the fit
through regulatory changes to part
262.34.
Timetable:
Action
Date
FR Cite
NPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4920. No
legal deadline.
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington DC, DC 20460
Phone: 703 308-8408
Fax: 703 308-0514
Email: mercer.patricia@epamail.epa.gov
RIN: 2050-AG18
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3398. RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PERMITS FOR
MUNICIPAL SOLID WASTE LANDFILL
Priority: Substantive, Nonsignificant.
Major under 5 USC 801.
CFR Citation: 40 CFR 258.4
Completed:
Reason
Date
FR Cite
Final Action 03/22/04 69 FR 13242
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Agency Contact: Dwight Hlustick
Phone: 703-308-8647
Fax: 703 308-8686
Email:
hlustick.dwight@epamail.epa.gov
Deborah Hanlon
Phone: 703-308-5824
Fax: 703 308-8686
Email:
hanlon.deborah@epamail.epa.gov
RIN: 2050-AE92
3399. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANNE ARUNDEL
COUNTY MILLERSVILLE LANDFILL,
SEVERN, MARYLAND
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 258
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Steven Donohue
Phone: 215-814-3215
Fax:215814-2782
Email:
donohue.steven@epamail.epa.gov
Sherri Walker
Phone: 202-566-2186
Fax: 202 566-2218
Email: walker.sherri@epamail.epa.gov
RIN: 2090-AA25
Withdrawn
06/10/04
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38297
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Proposed Rule Stage
3400. • REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURES (SPCC) RULE
Priority: Other Significant
Legal Authority: 33 USC 1321 "CWA
sec 311(0(0 (C)"
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: The Environmental
Protection Agency issued a "Notice
Concerning Certain Issues Pertaining to
the July 2002 Spill Prevention, Control,
and Countermeasure (SPCC) Rule" to
publish clarifications developed by the
Agency during the course of settlement
proceedings regarding the SPCC
regulation. These clarifications to the
SPCC regulation were the result of legal
challenges to certain aspects of the July
17, 2002 final regulation.
EPA is issuing a proposed rule to
extend by one year the compliance
deadline for regulated facilities to
amend (or in some cases, prepare) and
implement their SPCC Plans. This
extension will provide sufficient time
for the regulated community to
undertake the actions necessary to
update (or prepare) their plans in
accordance with recent clarifications
EPA has made to certain provision of
the SPCC regulations. The extension
also avoids a potentially overwhelming
number of individual extension
requests. EPA will also issue a
proposed rule extending by an
additional two years the compliance
deadline for certain groups of the
regulated community. EPA is
considering additional measures to ease
the compliance burden of smaller
facilities, and for oil-filled and motive
power equipment.
EPA is considering a proposal to amend
40 CFR Part 112, which includes the
SPCC rule promulgated under the
authority of the Clean Water Act. The
proposal may also include advanced
notices of proposed rulemaking on
secondary containment for small
electrical equipment and on secondary
containment requirements for loading
racks. Part 112 includes requirements
for SPCC Plans, and for Facility
Response Plans (FRPs). The proposed
rule includes changes stemming from
the litigation over the SPCC rule, as
well as other changes, that have not
been fully defined. These may include
potential differentiation of requirements
for non-petroleum oils, and policy
statements associated with the July
2002 SPCC final rule. Among these are
the following possible areas: 1)
Applicability ofthe rule to motive
power; 2) Secondary containment and
consideration of costs; 3) Wastewater
and the applicability of the rule to oil-
water separators; 4) Loading/unloading
areas vs. rack; 5) Wastewater exemption
at production facilities; 6) Applicability
of the rule to mobile/portable
containers; 7) Applicability of the rule
to various forms of piping; 8) Scope
and definition of operational equipment
vs. process vessels; 9) Distinction
between the various secondary
containment requirements; and 10)
Integrity testing for small bulk
containers. Specific decisions on the
scope of the rulemaking will follow
analysis of flexibility available under
the July 2002 rule to support pending
policy clarifications.
Timetable:
Action
Date
FR Cite
Notice of Settlement
Terms
1 yr Compliance
Extension NPRM
2 year Compliance
Extension Proposal
1 yr Compliance
Extension Final
2 Year Compliance
Extension Final
NPRM
05/25/04 69 FR 29728
06/00/04
07/00/04
08/00/04
04/00/05
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 2634.2.
Split from RIN 2050-AC62.
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703-603-8769
Fax:703603-9116
Email:
fleischman.hugo@epamail.epa.gov
RIN: 2050-AG16
3401. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
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
Final 20
NPRM 24
Final 21
NPRM 25
Final Tex-Tin
Final 22
NPRM 26
Final 23
NPRM 27
NPRM Midnight Mine
NPRM 28
Final 24
NPRM Almeda
Final 25
NPRM 29
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action-
Final Action —
NPRM-
Final35(adds12
sites)
NPRM
Date FR Cite
03/06/98 63 FR 11 332
03/06/98 63 FR 11340
07/28/98 63 FR 401 82
07/28/98 63 FR 40247
09/18/98 63FR49855
09/29/98 63 FR 51848
09/29/98 63 FR 51 882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24949
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 5 1567
12/01/00 65 FR 75179
12/01/00 65 FR 75215
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66FR47612
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 65315
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 3439.
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
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38298
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Oil Pollution Act (OPA)
Proposed Rule Stage
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703-603-8835
Fax: 703 603-9100
Email: singer.yolanda@epamail.epa.gov
Terry Jeng, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 202-564-0629
Fax: 703 603-9104
Email: jeng.terry@epamail.epa.gov
RIN: 2050-AD75
3402. STANDARDS AND PRACTICES
FOR CONDUCTING ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40CFR312
Legal Deadline: Final, Statutory,
January 11, 2004, Small Business
Liability Protection Act section 223,
CERCLA 101(35)(B)(2)(ii).
Abstract: The Small Business Liability
Relief and Brownfields Revitalization
Act (the "Brownfields Amendments")
amended a number of provisions in
CERCLA including section 101 (35) (B)
and includes, among other things, new
provisions regarding CERCLA liability
protections for certain landowners. As
part of these provisions, the
Brownfields Amendments require bona
fide prospective purchasers, contiguous
property owners, and innocent
landowners to conduct "all appropriate
inquiries" into prior ownership and use
of the property at the time the party
acquires the property. In the
Brownfields Amendments, Congress
directed EPA to promulgate regulations
establishing standards and practices for
conducting "all appropriate inquiries."
Section 101 (35) (B) (ill) of CERCLA, as
amended, includes criteria that EPA is
required to address in setting these
standards and practices. This
regulation, when finalized, will
establish the federal standards for
conducting "all appropriate inquiries,"
pursuant to the statute. Recipients of
Brownfields Assessment Grants
awarded under section 104 (k) (2) (B) of
CERCLA also will be regulated by the
final action. Purchasers of
contaminated properties seeking any of
the protections from CERCLA liability
will be required to follow the
promulgated procedures and standards.
EPA developed the proposed federal
standard for all appropriate inquiries
under a negotiated rulemaking process.
EPA established a FACA Committee
charged with negotiating a federal
standard in accordance with the
statutory criteria.
Timetable:
Action
Date FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4739.
State, local and Tribal governments
affected if they are grant recipients.
Agency Contact: Patricia Overmeyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460
Phone: 202-566-2774
Fax: 202-566-2757
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
3403. 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 0 are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
contracts, financial administration,
property, procurement, reporting,
recordkeeping, and closeout are
provided in subpart O.
Subpart O was promulgated 6/5/1990,
and became effective on 7/5/1990.
Many changes in the Superfund
program have occurred over the past
almost ten years and these need to be
reflected in subpart O. The six
categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for fiscal year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
40 CFR part 31. These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements.broadening
scope changes, without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements).
EPA expects to institutionalizethe
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and promote other policy
advances in State/tribal/EPA
interaction.
Timetable:
Action
Date
FR Cite
NPRM 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4177.
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38299
EPA—Oil Pollution Act (OPA)
Proposed Rule Stage
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@epamail.epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3404. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE (K178)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA listed carbamate waste
streams and certain inorganic chemical
manufacturing process waste as
hazardous wastes under the Resource
Conservation and Recovery Act (RCRA).
RCRA listed wastes, by statute,
automatically become hazardous
substances under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) arid are assigned a one
pound statutory reportable quantity
(RQ) until EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA proposed RQ
adjustments for these carbamates and
wastes. Most RQ adjustments are
greater than one pound. Raising the
RQs for these substances will decrease
the burden on 1) the regulated
community for complying with the
reporting requirements under CERCLA
and EPCRA; 2) Federal, State, and local
authorities for program implementation;
and 3) Federal, State, or local
authorities, if they release hazardous
substances at the RQ level or greater.
In addition, we've proposed an RQ
adjustment for the inorganic chemical
manufacturing process waste (K178) (66
FR 58258, 11/20/01). The Agency
received one comment for the
carbamates RQ adjustment and one for
the inorganics RQ adjustment. Neither
comment wil delay promulgation of the
final rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3423.
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703-603-9086
Fax: 703 603-9104
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AE12
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3405. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). It is necessary to develop
evaluation criteria because the Agency
has the authority under CERCLA 102 (a)
to designate substances as hazardous;
however, the Agency does not have
criteria to do so. To date the only
substances designated as CERCLA
hazardous substances are as a result of
their appearance on other Acts' lists
defined under CERCLA 101(14). Using
CERCLA designation criteria the
Agency may establish CERCLA
hazardous substances independently
from other Acts, in the interest of
public health and the environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102 (a) hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
Action
Date
FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
RIN: 2050-AE63
3406. 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
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
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
FR Cite
NPRM
01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 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@epamail.epa.gov
RIN: 2050-AF02
3407. 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 FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4737. The
Agency is considering additional
corrections not covered in a prior Error
Correction Rulemaking (67 FR 45314,
7/9/02) and expected to generate
comment from the public.
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@epamail.epa.gov
RIN: 2050-AF03
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Prerule Stage
3408. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
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 preparing
an advance notice of proposed
rulemaking (ANPRM) for Federal water
quality standards for waters in Indian
country. EPA is currently reviewing
detailed comments from fourteen tribes,
two tribal organizations, four States,
and two Federal agencies to the
November 2003 staff draft ANPRM. A
majority of tribal commenters indicated
a need for more formal consultation
with tribes on the potential rulemaking.
EPA is considering how best to
undertake government-to-government
consultation with affected tribes before
any rulemaking on Federal water
quality standards for waters of Indian
country.
Without applicable standards, the Clean
Water Act's mechanisms for protecting
water quality in Indian country are
limited. A Federal promulgation would
not prevent tribes from developing and
adopting their own federally approved
water quality standards where possible.
Timetable:
Action
Date
FR Cite
ANPRM
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN 4344.
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202-566-0378
Fax: 202 566-0409
Email: leutner.fred@epamail.epa.gov
Edward Hanlon, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202-566-0765
Fax: 202 566-0409
Email: hanlon.edward@epamail.epa.gov
RIN: 2040-AD46
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38301
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3409. 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);
"CWA311(d)(2)"
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. This rulemaking
will propose revisions to subpart J to
clarify and change protocols for
effectivenessand toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) which may affect natural resources
belonging to or under the exclusive
management authority of the United
States.
Timetable:
Action
Date
FR Cite
NPRM
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4526.
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
Other Chemical Product Manufacturing;
325 Chemical Manufacturing; 3251
Basic Chemical Manufacturing
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-9918
Fax:703603-9116
Email: nichols.nick@epa.gov
David Evans, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5203G, Washington, DC
20460
Phone: 703-603-8885
Fax:703-603-9116
Email: evans.david@epamail.epa.gov
RIN: 2050-AE87
3410. 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 for 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 (UNDS). Section 312(n)
directs EPA and DOD to jointly develop
a nationally uniform set of discharge
standards for Armed Forces vessels,
preempting existing and future State
and local standards for these
discharges. The purpose of the statute
is to allow DOD to plan, design, and
build environmentally sound vessels, to
encourage the development and use of
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 because they
have the potential to adversely impact
the aquatic environment. Phase II will
establish the performance standards for
these 25 discharges. Due to the
complicated task of developing
standards for so many complex waste
streams simultaneously, DOD and EPA
modified the rulemaking approach to
ensure that the benefits of the UNDS
program accrue in a more timely
manner. The modification consists of
promulgating the Phase n discharges in
groups or "batches." The first batch,
consisting of seven discharges, would
be proposed in January of 2005. Once
DOD implements the rules for
achieving the standards set in Phase II,
covered discharges from Armed Forces
vessels will be required to meet these
standards, and will not be subject to
discharge standards established by
States.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN 4357.
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington. DC 20460
Phone: 202-566-1272
Fax: 202-566-1546
Email:
giordano.steven@epamail.epa.gov
Brian Rappoli, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202-260-9590
Fax: 202-564-1546
Email: rappoli.brian@epamail.epa.gov
RIN: 2040-AD39
3411. 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 will affect
existing facilities that use cooling water
intake structures, and whose intake
flow levels exceed a minimum
threshold to be determined by EPA
during this rulemaking. The rule will
apply to existing facilities in the
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
following industries 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; and 5) primary metals
manufacturing facilities. EPA will also
consider developing regulations for
certain new offshore facilities not
included in the Phase I rule, such as
offshore and coastal oil and gas
extraction facilities. Section 316(b) of
the Clean Water Act provides that any
standard established pursuant to
sections 301 or 306 of the Clean Water
Act and applicable to a point source
shall require that the location, design,
construction, and capacity of cooling
water intakestructures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of this action is to
minimize the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement occurs when
fish and other aquatic life are traped
against cooling water intake structures.
Entrainment occurs when aquatic
organisms, eggs and larvae are drawn
into a cooling system and then pumped
back out, resulting in significant injury
or mortality to the entrained organisms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/04
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4543.
Split from RIN 2040-AC34.
Sectors Affected: 312 Beverage and
Tobacco Product Manufacturing; 325
Chemical Manufacturing; 61131
Colleges, Universities and Professional
Schools; 334 Computer and Electronic
Product Manufacturing; 211111 Crude
Petroleum and Natural Gas Extraction;
22111 Electric Power Generation; 335
Electrical Equipment, Appliance and
Component Manufacturing; 332
Fabricated Metal Product
Manufacturing; 311 Food
Manufacturing; 333 Machinery
Manufacturing; 21 Mining; 211112
Natural Gas Liquid Extraction; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing;
22133 Steam and Air-Conditioning
Supply; 313 Textile Mills; 336
Transportation Equipment
Manufacturing; 321 Wood Product
Manufacturing
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1076
Fax: 202 566-1053
Email: shriner.paul@epamail.epa.gov
Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epamail.epa.gov
RIN: 2040-AD70
3412. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Legal Authority: 33 USC 1311"CWA
301"; 33 USC 1314"CWA 304"; 33 USC
1318"CWA 308"; 33 USC 1342"CWA
402"; 33 USC 1361"CWA 501 (a)"
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacityassurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems, and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action Date FR Cite
NPRM
Final Action
04/00/05
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 3999.
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0742
Fax: 202 564-6392
Email: weiss.kevin@epamail.epa.gov
Kevin DeBell, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202-564-0040
Fax: 202 564-6392
Email: debell.kevin@epamail.epa.gov
RIN: 2040-AD02
3413. POLICY 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
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EPA—Clean Water Act (CWA)
Proposed Rule Stage
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. EPA's
intention is to develop a policy that
will provide criteria for authorizing or
approving blended discharges that meet
permit limitations in NPDES permits.
When implemented, EPA intends that
the policy will ensure that NPDES
requirements be applied in a
nationally-consistent manner that
improves the capacity, management,
operation and maintenance of sewage
treatment plants and collection systems
and protects human health and the
environment.
Timetable:
Action
Date FR Cite
11/07/03 68 FR 63042
08/00/04
Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN 4690.
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Debell,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0040
Fax: 202 564-6392
Email: debell.kevin@epa.gov
Patrick Bradley, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202-564-0729
Fax: 202 564-6392
Email: bradley.patrick@pa.gov
RIN: 2040-AD87
3414. • WATER QUALITY
STANDARDS FOR PATHOGENS AND
PATHOGEN INDICATORS FOR
COASTAL RECREATION WATERS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313
CFR Citation: 40 CFR 131D
Legal Deadline: None
Abstract: The October 2000 Beaches
Environmental and Coastal Health Act
(BEACH Act) amended the Clean Water
Act to require coastal and Great Lake
States to adopt criteria: "as protective
of human health as" EPA's criteria for
pathogen and pathogen indicators for
their coastal recreation waters by April
2004. The BEACH Act defines "coastal
recreation waters" as marine coastal
waters that are designated under
section 303 (c) of the Clean Water Act
by a State for swimming, bathing,
surfing or similar water contact
activities and the Great Lakes. The Act
further requires EPA to promptly
propose new or revised water quality
criteria for coastal or Great Lake States
that do not adopt criteria for pathogens
or pathogen indicators "as protective of
human health as" EPA's criteria.
This action announces the Agency's
intent to set revised or new water
quality standards for pathogens and
pathogen indicators for states (with
coastal recreation waters) that fail to
adopt water quality criteria and
standards for pathogens for which EPA
has developed criteria. This action
announces the Agency's intent to set
revised or new water quality standards
for pathogens and pathogen indicators
for states (with coastal recreation
waters) that fail to adopt water quality
criteria and standards for pathogen
indicators as protective of human
health as EPA's 1986 bacteria criteria.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/04
09/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Additional Information: SAN 4852.
Agency Contact: Richard Healy,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202-566-0405
Fax: 202 566-0409
Email: healy.richard@epa.gov
RIN: 2040-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3415. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 "CWA
301"; 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 450; 40 CFR 122
Legal Deadline: NPRM, Judicial, May
15, 2002, -.
Final, Judicial, March 31, 2004, -.
Abstract: In June, 2002, EPA proposed
three options that relate to the
discharge of pollutants from
construction sites. The proposal
included two options that work in
conjunction with existing storm water
regulations to continue support for state
and local flexibility and land use
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EPA—Clean Water Act (CWA)
Final Rule Stage
decision-making. The proposal also
included an option to rely solely on
existing regulations and not establish
additional regulatory requirements
through effluent guidelines. The
comment period closed in December,
2002. Final action is subject to a court-
ordered deadline of 3/31/2004.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/24/02 67 FR 42644
06/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4280. For
more information on the construction
and development rule visit web site.
Sectors Affected: 233 Building,
Developing and General Contracting;
234 Heavy Construction
Agency Contact: 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
3416. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONCENTRATED AQUATIC ANIMAL
PRODUCTION INDUSTRY
Priority: Other Significant
Legal Authority: "CWA Section 301";
"CWA Section 304"; "CWA Section
306"; "CWA Section 307"; "CWA
Section 308"; "CWA Section 318";
"CWA Section 402"; "CWA Section
501"
CFR Citation: 40 CFR 451
Legal Deadline: NPRM, Judicial,
August 14, 2002.
Final, Judicial, June 30, 2004.
Abstract: 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
NPRM
Notice of Data
Availability
Final Action
Date
09/12/02
12/29/03
06/00/04
FR Cite
67 FR 57871
68 FR 75068
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 4406.
Sectors Affected: 112511 Finfish
Farming and Fish Hatcheries; 112519
Other Animal Aquaculture; 112512
Shellfish Farming; 71213 Zoos and
Botanical Gardens
Agency Contact: Marta Jordan,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1049
Fax: 202 566-1053
Email: jordan.marta@epamail.epa.gov
Marvin Rubin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1050
Fax: 202 566-1053
Email: rubin.marvin@epamail.epa.gov
RIN: 2040-AD55
3417. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT AND
POULTRY PRODUCTS POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
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, February 26, 2004, -.
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 FR Cite
NPRM 02/25/02 67 FR 8582
NODA 08/13/03 68 FR 48471
Final Action 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4407.
Sectors Affected: 311611 Animal
(except Poultry) Slaughtering; 311612
Meat Processed from Carcasses; 311613
Rendering and Meat By-product
Processing; 311615 Poultry Processing
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
Marvin Rubin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1050
Fax: 202 566-1053
Email: rubin.marvin@epamail.epa.gov
RIN: 2040-AD56
3418. EFFLUENT GUIDELINES
PROGRAM PLAN FOR 2004/2005
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33USC
1314; 33 USC 1316
CFR Citation: None
Legal Deadline: Final, Statutory,
February 4, 2004, Final Plan.
Abstract: EPA publishes an Effluent
Guidelines Program Plan every other
year as required by Section 304 (m) of
the Clean Water Act (CWA). The Plan
sets forth EPA's rationale for the
selection of particular industries as
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EPA—Clean Water Act (CWA)
Final Rule Stage
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 identify existing
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 of water pollution.
Timetable:
Action
Date FR Cite
Draft Plan
Final Action
12/31/03 68 FR 75515
04/26/04 69 FR 22472
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4766.
URL For More Information:
http://www.epa.gov/guide/plan.html
URL For Public Comments:
http://www.epa.gov/edocket/ow-2002-
0020
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
Tom Wall, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202-566-1060
Fax: 202 566-1054
Email: wall.tom@epamail.epa.gov
RIN: 2040-AD92
3419. TEST PROCEDURES:
REVISIONS TO METHOD DETECTION
AND QUANTITATION FOR THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361 (a)
CFR Citation: 40 CFR 136
Legal Deadline: NPRM, Judicial,
February 28, 2003, Settlement
Agreement.
Final, Judicial, November 1, 2004,
Settlement Agreement.
Abstract: EPA is to take final action
on a reassessment of the Agency's
procedures for determining the
sensitivity of analytic test methods for
aqueous samples. EPA may also 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 to facilitate
regulation of 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
Date
FR Cite
NPRM
Final Action
03/12/03 68 FR 11791
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4378.
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-564-4656
Fax: 202 566-1053
Email: reding.richard@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
3420. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a); 42 USC 300f; 42 USC 300g-l;
42 USC 300j-4; 42 USC 300j-9(a)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136 and
the National Primary Drinking Water
Regulations under 40 CFR part 141 to
approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater.ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
(CWA) and Safe Drinking Water Act.
This regulation would propose new
methods for metals such as Method
200.8 (which utilizes ICP/MS), new
methods for chemical pollutants (e.g.,
Method 245.7), updated methods for
chemical pollutants (e.g., Methods
300.1 and 200.7), including methods
from voluntary consensus standards
bodies (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,
and the Association of Official
Analytical Methods-International.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/06/04 69 CFR
18166
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4540.
This action incorporates the following
analytical methods that had previously
been tracked independently: 1. RDM
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Final Rule Stage
2040-AC95, SAN 3155 - Test
Procedures for the Analysis of
Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean
Water Act, Phase One 2. RIN 2040-
AD12, SAN 4089 - Test Procedures for
the Analysis of Miscellaneous Metals,
Anions, and Volatile Organics Under
the Clean Water Act, Phase Two, and
3. RIN 2040-AD52, SAN 4377 - Test
Procedures for the Analysis of Mercury
Under the Clean Water Act (Method
245.7).
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AD71
3421. 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 large
existing electricity generating facilities
that employ cooling water intake
structures. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of the rulemaking is
to minimize 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 FR Cite
NPRM
NODA
Final Action
04/09/02 67 FR 17122
03/19/03 68 FR 13522
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4474.
Split from RIN 2040-AC34.
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@epamail.epa.gov
Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epamail.epa.gov
RIN: 2040-AD62
3422. 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 would include exclusions or
variable requirements for smaller
facilities that contribute insignificant
amounts of pollutants, clarify
requirements for implementing
Pretreatment Standards, and provide
more flexible reporting, inspection and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
Date FR Cite
NPRM 07/22/99 64 FR 39564
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State. Local, Tribal
Additional Information: SAN 3663.
Agency Contact: Greg Schaner,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0721
Fax: 202 564-6431
Email: schaner.greg@epamail.epa.gov
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202-564-7904
Fax: 202 564-6431
Email: pickrel.jan@epamail.epa.gov
RIN: 2040-AC58
3423. 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.
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Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
currently employs a reference sediment
approach. This action is not expected
to have a significant impact on state,
local, or tribal governments or small
business, as the action will be limited
to Corps projects and permit
applications for which dredged material
testing is necessary, and because the
effect of the action will be limited to
changing the location of an otherwise
collected sample.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/04/95 60FR419
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 3288.
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502T, Washington, DC 20460
Phone: 202-566-1373
Fax: 202 566-1375
Email: goodin.john@epamail.epa.gov
RIN: 2040-AC14
3424. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: Clean Water Act 301;
Clean Water Act 304; Clean Water Act
306; Clean Water Act 307; Clean Water
Act 308; Clean Water Act 402; Clean
Water Act 501
CFR Citation: 40 CFR 401 to 419
Legal Deadline: None
Abstract: Several years ago, OW
conducted a comprehensive review of
effluent guidelines and removed from
the Code of Federal Regulations (CFR)
provisions contained in a number of
regulations that were obsolete or
redundant (FR 60 33926, June 29,
1995). In addition to removing these
provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
effluent guidelines.
This action would recodify the effluent
limitations and standards for 12 point
source categories without making any
legally substantive changes in the
requirements. The revised and shorter
format will enable Federal, State and
local regulators and the regulated
community to more easily read,
understand and implement the
regulations. By reducing the number of
pages in title 40, the new format will
also afford significant long-term savings
in the annual cost of printing these
regulations.
The point source categories which
would be recodified by this action
include: Dairy Products Processing
(part 405), Grain Mills Manufacturing
(part 406), Fruits and Vegetable
Processing (part 407), Canned and
Preserved Seafood (part 408), Sugar
Processing (part 409), Textile Mills
(part 410), Cement Manufacturing (part
411), Electroplating (part 413),
Inorganic Chemicals (part 415), Soaps
and Detergent Manufacturing (part 417),
Fertilizer Manufacturing (part 418), and
Petroleum Refining (part 419). The
revisions would also expand the list of
general definitions in section 401.11.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Federalism: Undetermined
Additional Information: SAN 4822.
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1031
Fax: 202 566-1053
Email: wise.hugh@epamail.epa.gov
RIN: 2040-AE61
3425. • UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
ARMED FORCES VESSELS—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322(n)
"CWA sec 312(n) "
CFR Citation: 40 CFR 1700 "(New)"
Legal Deadline: None
Abstract: This action is Phase II of
implementing regulations for 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 (UNDS). Section 312(n)
directs EPA and DOD to jointly develop
a nationally uniform set of discharge
standards for Armed Forces vessels,
preempting existing and future State
and local standards for these
discharges. The purpose of the statute
is to allow DOD to plan, design, and
build environmentally sound vessels, to
encourage the development and use of
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 because they
have the potential to adversely impact
the aquatic environment. Phase II will
establish the performance standards for
these 25 discharges. Due to the
complicated task of developing
standards for so many complex waste
streams simultaneously, DOD and EPA
modified the rulemaking approach to
ensure that the benefits of the UNDS
program accrue in a more timely
manner. The modification consists of
promulgating the Phase n discharges in
groups or "batches." The first batch,
consisting of seven discharges, would
be proposed in January of 2005. Once
DOD implements rules for achieving
the standards set in Phase II, covered
discharges from Armed Forces vessels
will be required to meet these
standards, and will not be subject to
discharge standards established by
States.
Timetable:
Action
Date
FR Cite
NPRM (Phase II Batch 01/00/05
one)
Final Action (Phase II 09/00/05
Batch one)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
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EPA—Clean Water Act (CWA)
Final Rule Stage
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 3925.1.
Split from RIN 2040-AC96.
URL For More Information:
http://www.epa.gov/waterscience/niles/
unds
Agency Contact Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1272
Fax: 202-566-1546
Email:
giordano.steven@epamail.epa.gov
Brian Rappoli, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202-260-9590
Fax: 202-564-1546
Email: rappoli.brian@epamail.epa.gov
RIN: 2040-AE64
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3426. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards, and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). EPA refers
to this rulemaking as Pulp and Paper
Phase EL EPA is considering the public
comments on the proposed rule and the
new data acquired since proposal. EPA
will consider as part of its 2004 effluent
guidelines planning process under
CWA section 304 (m) whether to
proceed with the rulemaking.
Timetable:
Action
Date
FR Cite
12/17/93 58 FR 66078
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4370.
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Donald Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1021
Fax: 202 566-1053
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1044
Fax:202 566-1053
Email: siddiqui.ahmar@epamail.epa.gov
RIN: 2040-AD49
3427. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314 "CWA
304"; 33 USC 1361(a) "CWA 501 (a)"
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 notensure
that a particular water body would
meet the State's designated water
quality standard. Because the methods
currently approved under 40 CFR part
136 were designed to support primarily
technology-based permitting needs, and
because these technology-based levels
are as much as 280 times higher than
water quality-based criteria for metals.
EPA is pursuing approval of new test
procedures.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 3702.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water. 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
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-AC75
3428. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314 "CWA
304"; 33 USC 1361(a) "CWA 501 (a)"
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: 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
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Long-Term Actions
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3714.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamaU.epa.gov
RIN: 2040-AC92
3429. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
3430. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314 "CWA
304"; 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 ofa clearinghouse,
technical bulletins, and/or guidance
documents geared towards clarifying
technical and policy issues associated
with the use of test methods approved
for use in the program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3713.
Agency Contact: William Telliard.
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AC93
Legal Authority: 33 USC 1314; 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.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State. Local, Tribal
Additional Information: SAN 4049.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency. Water, 4303T,
Washington. DC 20460
Phone: 202-566-1005
Fax: 202 566-1053
Email: gomez-
taylor.marla@epamail.epa.gov
RIN: 2040-AD09
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EPA—Clean Water Act (CWA)
Long-Term Actions
3431. 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 FR Cite
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 3786.
Agency Contact: HowardE Rubin,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-2051
Fax: 202 564-9544
Email: rubin.howarde@epamail.epa.gov
Robert Wood, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202-564-9536
Fax:202 564-9544
Email: wood.robert@epamail.epa.gov
RIN: 2040-AC84
3432. 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: This action amends
regulations governing the TMDL
program to ensure that it is effective
allowing 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 FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 4623.
Agency Contact: Christine Ruf,
Environmental Protection Agency,
Water, 4503T, Washington, DC 20460
Phone: 202-566-1220
Fax: 202-260-2300
Email: ruf.christine@epamail.epa.gov
Francoise Brasier, Environmental
Protection Agency, Water, 4503T,
Washington, DC 20460
Phone: 202-566-1214
Fax: 202 566-1333
Email:
brasier.francoise@epamail.epa.gov
RIN: 2040-AD82
3433. CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1383(h)
CFR Citation: 40 CFR 35.3125(b)(l)
Legal Deadline: None
Abstract: This regulation would 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. From FY 1995 onward,
Congress has authorized and
appropriated funds for infrastructure
construction grants in various
Appropriations Acts. There are
currently projects totaling over $4
billion dollars. 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. The
prohibition on the use of CWSRF as
a match for a Title II construction grant
would continue.
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Long-Term Actions
Timetable:
CFR Citation: Not Yet Determined
Action
Direct Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4493.
Agency Contact: Gary Hudiburgh,
Environmental Protection Agency,
Water, EN-336, 4204M, Washington,
DC 20460
Phone: 202-564-0626
Email: hudiburgh.gary@epamail.epa.gov
RIN: 2040-AD68
3434. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-554, sec
1404-1407
Date FR Cite 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
FR Cite
NPRM
Final Action
06/00/06
06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4746.
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202-566-1264
Fax: 202 566-1546
Email: redford.daviiJ@epamail.epa.gov
RIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3435. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT POINT SOURCE
CATEGORY (REVISION)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 437
Completed:
Reason
Date FR Cite
Final Action
12/22/03 68 FR 71014
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Elwood Forsht
Phone: 202-566-1025
Fax: 202 566-1053
Email: forsht.elwood@epamail.epa.gov
RIN: 2040-AD95
3436. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131
Completed:
Reason
Date FR Cite
Withdrawn
05/01/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Fritz Wagner
Phone: 404 562-9267
Email: wagner.fritz@epa.gov
Jim Keating
Phone: 202-566-0383
Fax: 202 566-0409
Email: keating.jim@epamail.epa.gov
RIN: 2040-AD35
3437. ROUND 2 STANDARDS FOR
THE USE OR DISPOSAL OF SEWAGE
SLUDGE
Priority: Other Significant
CFR Citation: 40 CFR 503 (Revisions)
Completed:
Reason
Date
FR Cite
Final Action
10/24/03 68 FR 61083
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Alan Rubin
Phone:202-566-1125
Fax: 202-566-1139
Email: rubin.alan@epamail.epa.gov
Robert Cantilli
Phone: 202-566-1091
Fax:202566-1140
Email: cantilli.robert@epamail.epa.gov
RIN: 2040-AC25
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EPA—Clean Water Act (CWA)
Completed Actions
3438. MODIFICATION TO
COMPETITIVE PROCESS USED BY
EPA FOR WETLAND PROGRAM
DEVELOPMENT GRANTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 35.613; 40 CFR
35.382
Completed:
Reason
Date
FR Cite
Final Action 02/10/04 69 FR 6284
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Connie Cahanap
Phone: 202 566-1382
Fax: 202 566-1349
Email: cahanap.concepcion@epa.gov
Donna An
Phone: 202-566-1384
Fax: 202 566-1349
Email: an.donna@epamail.epa.gov
RIN: 2040-AD83
3439. SEWAGE SLUDGE ROUND I
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: Section 405(d)"and (e)
of the Clean Water Act"; 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
preparers and management practices on
land 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
initiated 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 would have
considered, and solicited 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 resultingfrom
this review will be noticed in future
Regulatory Agendas.
In submitting comments, please
reference Docket ID number OW-2003-
0016, and follow the instructions
provided in Unit G. of the preamble
to the Spring Regulatory Agenda.
Timetable:
Action
Date
FR Cite
Final Action 1
Begin Review
End Review
02/19/93 58 FR 9248
05/01/03
05/20/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4792.
Agency Contact: Alan Rubin,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone:202-566-1125
Fax:202-566-1139
Email: rubin.alan@epamail.epa.gov
Robert Cantilli, Environmental
Protection Agency, Water, EN-336,
4304T, Washington, DC 20460
Phone: 202-566-1091
Fax:202566-1140
Email: cantilli.robert@epamail.epa.gov
RIN: 2040-AD96
3440. SLUDGE: AGENCY RESPONSE
TO THE NATIONAL RESEARCH
COUNCIL REPORT ON BIOSOLIDS
APPLIED TO LAND AND THE
RESULTS OF EPA'S REVIEW OF
EXISTING SEWAGE SLUDGE
REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 503
Completed:
Reason
Date
FR Cite
Final Strategy
12/31/03 68 FR 75531
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Robert Cantilli
Phone: 202-566-1091
Fax: 202 566-1140
Email: cantilli.robert@epamail.epa.gov
Alan Rubin
Phone: 202-566-1125
Fax: 202-566-1139
Email: rubin.alan@epamail.epa.gov
RIN: 2040-AE59
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38313
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3441. 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
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 3238.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington. DC 20460
Phone: 202-564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3442. 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.
Abstract: The 1996 amendments to die
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this proposed action is to
meet that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR by making
minor modifications to the current
UCMR program to improve its
Implementation, to revise the lists of
analytes to permit a second round of
monitoring;,and to approve the
analytical methods needed to perform
this monitoring.
Timetable:
Action
Date FR Cite
NPRM 09/00/04
Final Action 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4770.
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water. MS 140, Washington, DC 20460
Phone: 513-569-7843
Fax:513569-7191
Email: munch.dave@epamail.epa.gov
Dan Hautman, Environmental
Protection Agency, Water, MS 140,
Washington. DC 20460
Phone: 513-569-7274
Fax: 513 569-7191
Email: hautman.dan@epamail.epa.gov
RIN: 2040-AD93
3443. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ANALYTICAL
METHOD FOR URANIUM
Priority: Substantive, Nonsignificant
Legal Authority: Safe Drinking Water
Act, sec. 1412; 42 U.S.C 300f; 42 U.S.C.
300g-l; 42 U.S.C. 300J-4; 42 U.S.C.
300J-9
CFR Citation: 40 CFR 141.25
Legal Deadline: None
Abstract: EPA plans to promulgate a
method for compliance monitoring of
uranium that uses an inductively
coupled plasma mass spectrometry
(ICP-MS) technology. This technology
has gained wide acceptance over the
past decade, and should reduce costs
for analyzing for uranium and provide
a greater level of accuracy. States,
laboratories and water systems have
asked the Agency to approve this
analytical method.
Timetable:
Action
Date FR Cite
06/02/04 69 FR 31068
07/02/04
06/02/04 69 FR 31008
08/31/04
NPRM
NPRM Comment
Period End
Direct Final Action
Direct Final Rule
Effective
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4826.
Agency Contact Lisa Christ,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington. DC 20460
Phone: 202-564-8354
Email: chrtst.lisa@epamail.epa.gov
RIN: 2040-AE62
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Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3444. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
GROUNDWATER RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 300
g-l"SDWA 1412 (b)(8)";; 42 USC
SOOj-4 "SDWA 1445"
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory, Not
later than promulgation of the Stage 2
Disinfection Byproducts Rule (currently
scheduled for October 2004).
Abstract: EPA has proposed a targeted
risk-based regulatory strategy for all
public water systems served by
groundwater. The proposed
requirements provide a meaningful
opportunity to reduce public health
risk for a significant number of people
served by groundwater sources from the
exposure to waterborne pathogens from
fecal contamination. The proposed
strategy addresses risks through a
multiple-barrier approach that relies on
five major components: periodic
sanitary surveys of groundwater
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 sourcewater, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
12/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 2340.
Statutory deadline for final rule; After
August 6, 1999, but not later than the
Administrator promulgates a Stage U
rulemaking for disinfection byproducts
(currently scheduled for October 2004).
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Crystal Rodgers,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5275
Fax: 202 564-3767
Email; rodgers.crystal@epamail.epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202-564-5257
Fax: 202 564-3767
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AA97
3445. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: MINOR
CORRECTIONS AND CLARIFICATION
TO DRINKING WATER REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: SDWA 1412
CFR Citation: 40 CFR 140 and 141
Legal Deadline: None
Abstract: This rule is intended to make
minor changes to clarify and correct
Drinking Water regulations.
Typographical errors and inadvertent
omissions will be corrected in the final
Long Term 1 Enhanced Surface Water
Treatment Final Rule. Additional
technical corrections for other drinking
water regulations have been added
during the rule development process.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/02/04 69 FR 9781
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4795.
Agency Contact: Tracy Bone,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5257
Fax: 202 564-3767
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AE58
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3446. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et
seq"SDWA1412"
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Abstract: The Radon rule complies
with the Safe Drinking Water Act
(SDWA) requirement to reduce
exposure to radon in homes. In 1999,
EPA proposed regulations for radon
which provide flexibility in how to
manage the health risks from radon in
drinking water. The proposal was based
on the unique framework in the 1996
SDWA. The proposed regulation would
provide for either a maximum
contaminant level (MCL), or an
alternative maximum contaminant level
(AMCL) with a multimedia mitigation
(MMM) program to address radon in
indoor air. Under the proposal, public
water systems in States that adopted
qualifying MMM programs would be
subject to the AMCL, while those in
States that did not adopt such programs
would be subject to the MCL. EPA
proposed regulations for radon which
provide flexibility in how to manage
the health risks from radon in drinking
water. The proposal was based on the
unique framework in the 1996 SDWA.
The proposed regulation would provide
for either a maximum contaminant
level (MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
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38315
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL. Systems would also
be able to develop a State approved
MMM program in the absence of a State
program.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Notice
NPRM
Final Action
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59246
12/00/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 2281.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Rebeccak Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-564-4656
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AA94
3447. 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-ll
CFR Citation: 40 CFR 141 to 142; 40
CFR9
Legal Deadline: None
Abstract: The Long Term 2 Enhanced
Surface Water Treatment Rule
(LT2ESWTR) will control risk from
microbial pathogens, specifically
cryptosporidium, in drinking water. It
is being developed-simultaneously with
the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBPR)
which will address risk caused by the
use of disinfectants in drinking water.
This rule could affect all public water
systems that use surface water as a
source. Promulgating the LT2ESWTR
and the Stage 2 DBPR as a paired
rulemaking is necessary to ensure that
adequate protection from microbial risk
is maintained while EPA manages risk
from disinfection byproducts. In
developing the LT2ESWTR, EPA has
analyzed a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, has
provided a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was available previously. EPA has
also used significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the pathogenicity of
certain microbes, to determine effective
regulatory requirements for controlling
microbial risk. On March 30, 1999 EPA
established a committee of stakeholders
under the Federal Advisory Committee
Act (FACA) to assist in the
development of these rules; an
agreement in principle was signed in
September 2000 outlining the proposed
rule options.
Timetable:
Action
Date
FR Cite
08/11/03 68FR47639
07/00/05
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 4341.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202-564-5281
Fax: 202 564-3767
Email: schmelling.dan@epamail.epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607M,
4607, Washington, DC 20460
Phone: 202-564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
RIN: 2040-AD37
3448. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority: Economically Significant
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 SOOj-9;
42USC300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR 9
Legal Deadline: Final, Statutory, July
14, 2003.
Abstract: This Regulation, along with
a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. In
developing the Stage 2 DBPR, EPA
analyzed a significant body of new
survey data on source water quality
parameters, treatment data and
disinfection byproduct occurrence. This
survey data, which was collected under
the Information Collection Rule (ICR),
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Federal Register/Vol. 69. No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Supplemental Surveys to the ICR, and
additional research projects, provide a
substantially more comprehensive and
complete picture of the occurrence of
DBFs and microbiological pathogens
than was available previously. EPA also
used 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 developmentof
these rules; an Agreement in Principle
was signed in September 2000
outlining the proposed rule options.
Timetable:
Action
Date
FR Cite
NPRM 08/18/03 68 FR 49548
Final Action 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 4342.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Tom Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
Stig Regli, Environmental Protection
Agency, Water, 4607M, 4607,
Washington, DC 20460
Phone: 202-564-5270
Fax: 202 564-3767
Email: regli.stig@epamail.epa.gov
RIN: 2040-AD38
3449. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the Federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in groundwater and drinking
water in a number of States due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below heaUh concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
EPA is required to make a regulatory
determination for at least five
unregulated contaminants by August
2006. Presently, the Water program is
collecting and analyzing research
information on occurrence, health
effects, method sensitivity, and
treatment effectiveness. A proposed
regulatory determination, which will
consider MTBE as well as a number
ofother contaminants, is anticipated for
August 2005. To meet this schedule,
management briefings and preliminary
decisions on these unregulated
contaminants will be scheduled for fall
of 2004.
Timetable:
Action
Date
FR Qte
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4404.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-4699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3450. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND ADDITIONAL
DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive. Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR). which was
published in the July 18. 2003 Federal
Register (68 FR 42907) (Notice of Intent
to revise the TCR). EPA intends
revisions to the TCR to maintain or
provide for greater human health
protection than under the existing TCR
while improving system efficiency. A
Federal Advisory Committee
recommended that EPA, as part of the
TCR 6-year review process, "initiate a
process for addressing cross-connection
control and backflow prevention
requirements and consider additional
distribution system requirements
related to significant health risks."The
original TCR. promulgated in 1989,
protects human health by requiring
microbial monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends
tostrengthen the TCR by adding
distribution system requirements. The
process to do so involves a performance
evaluation, development of issue
papers on both distribution systems
and total coliform, stakeholder
meetings, and proposed and final rules.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/06
06/00/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State. Tribal
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EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Federalism: Undetermined
Additional Information: SAN 4775.
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov
Jennifer Mclain, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-5248
Fax: 202 564-3767
Email: mclain.jennifer@epamail.epa.gov
RIN: 2040-AD94
3451. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
February 6, 2008, The 1996 SDWA
Amendments require EPA to publish
the third list of candidate contaminants
by February 2008. Not a rulemaking.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every five years
of contaminants that are known or
anticipated to occur in public water
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRC) and,
as applicable, use the NRC approach
to identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs. If we identify additional
contaminants early in the evaluation
process, we will supplement the CCL
List 2 and, if appropriate, we will
consider those contaminants in the
regulatory determinations for 2006.
Timetable:
Action
Date
FR Cite
NPRM-Preliminary 02/00/07
Notice
Final Notice 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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, Washington, DC
20460
Phone: 202-564-5245
Fax: 202 564-3760
Email: selby.yvette@epamail.epa.gov
RIN: 2040-AD99
3452. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC
300h-l"SDWA 1422"; 42 USC
300h-4"SDWA 1425"
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason, more importantly, is to allow
EPA to incorporate by reference into
the Code of Federal Regulations the
State program authorities. Current
citations to State regulations in 40 CFR
part 147 are out of date for many
States. This update is necessary to
ensure that the CFR accurately reflects
current approved State UIC programs
and that elements of those programs are
federally enforceable if necessary. EPA
Regional Offices will be submitting
State revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date
FR Cite
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4236.
Agency Contact: Mario Salazar,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202-564-3894
Fax: 202 564-3756
Email: salazar.mario@epamail.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
3453. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 U.S.C. 300g-l(b)
CFR Citation: None
Legal Deadline: Other, Statutory,
August 6, 2006, The 1996 SDWA
Amendments require EPA to publish
the second regulatory determinations
by August 2006.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non-
regulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2, 1998
(63 FR 10247). The second CCL will
be published in 2004. In addition to
publishing the drinking water CCL, the
SDWA also requires the Agencyto
select five or more contaminants from
the second CCL and determine, by
August 2006, whether to regulate these
contaminants with a National Primary
Drinking Water Regulation (NPDWR).
In order to make a determination of
-------
38318
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
whether or not to develop an NPDWR
for a contaminant, the SDWA requires
three statutory tests be met: 1) the
contaminant may have an adverse effect
on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: 1) regulate the contaminant
with an NPDWR; 2) develop guidance
(e.g., Health or Consumer Advisory); or
3) determine no action is necessary.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Final Notice
08/00/05
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4821.
Agency Contact: Wynne Miller,
Environmental Protection Agency,
Water, 4607M, 4607M, Washington, DC
20460
Phone: 202-564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
Thomas Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-4885
Fax: 202 564-3760
Email:
carpenter.uiomas@epamail.epa.gov
RIN: 2040-AE60
3454. DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et
seq"SDWA1412(b)(l)(B)"
CFR Citation: None
Legal Deadline: Other, Statutory,
February 6, 2003, Not a rule.
Abstract: The Safe Drinking Water Act
(SDWA), as amended in 1996, requires
the EPA to publish a list of
contaminants which, at the time of
publication, are not subject to any
proposed or promulgated national
primary drinking water regulations
(NPDWRs), that are known or
anticipated to occur in public water
systems, and which may require
regulations under SDWA (section
1412(b)(l)). SDWA, as amended,
specifies that EPA must publish the
first list of drinking water contaminants
no later than 18 months after the date
of enactment, i.e., by February, 1998
(henceforth referred to as the 1998
Contaminant Candidate List or the 1998
CCL), and every five years thereafter.
The CCL2 Federal Register notice
announces EPA's decision to carryover
the 1998 CCL as the draft CCL2 (minus
the nine contaminants addressed under
the 2003 regulatory determination),
provides information on EPA's efforts
to expand and strengtiien the
underlying CCL listing process to be
used for future listings, and requests
comment onCCL-related activities to
improve the drinking water
contaminant listing process.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Final Notice
04/02/04 69 FR 17406
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4703.
Agency Contact: Daniel Olson,
Environmental Protection Agency,
4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
Email: olson.daniel@epamail.epa.gov
Jitendra Saxena, Environmental
Protection Agency, 4607M, Washington,
DC 20460
Phone: 202 564-5243
Fax: 202 564-3760
Email: saxena.jitendra@epamail.epa.gov
RIN: 2060-AD86
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3455. 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
CFR Citation: 40 CFR 141.21
Completed:
Reason
Date
FR Cite
Final Action
02/13/04 69FR7155
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Agency Contact: Herb Brass
Phone: 513-569-7936
Fax: 513 569-7191
Email: brass.herb@epamail.epa.gov
James Sinclair
Phone: 513-569-7970
Fax: 513569-7191
Email: sinclair.james@epamail.epa.gov
RIN: 2040-AD90
-------
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38319
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3456. 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 toprevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. With regard to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local
Additional Information: SAN 2820.
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1272
Fax: 202-566-1546
Email:
giordano.steven@epamail.epa.gov
James Woodley, Environmental
Protection Agency, Water, 4504T,
4504T, Washington, DC 20460
Phone: 202-566-1288
Fax: 202 566-1546
Email: woodley.james@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 04-13235 Filed 06-25-04; 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 a significant economic impact on a substantial number of
small entities. Each agency must publish annually in the Federal Register a list of the rules that it plans
to review in the next year. 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 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.
3067 Fuels and Fuel Additives Registration
Regulations (Section 610
Review)
3068 Emission Standards for New
Nonroad Spark-Ignition Engines
At or Below 19 Kilowatts (Section
610 Review)
3069 NESHAP: Secondary Lead Smelting
(Section 610 Review)
3070 NESHAP: Petroleum Refineries
(Section 610 Review)
3279 NESHAP: Perchlorethylene Dry
Cleaning Facilities (Completion
of a Section 610 Review)
3299 Pesticide Worker Protection Rule
(Section 610 Review)
3319 Lead; Requirements for Lead-
Based Paint Activities in Target
Housing and Child-Occupied Facilities
(Section 610 Review)
3367 Land Disposal Restrictions Phase
III: Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners (Section 610 Review)
3368 Land Disposal Restrictions Phase
II: Universal Treatment Standards,
and Treatment Standards
for Organic Toxicity Characteristic
Wastes and Newly Listed Wastes
(Section 610 Review)
3439 Sewage Sludge Round I (Completion
of a Section 610 Review)
-------
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.
Restructuring of Size Standards
3734 Small Business Government Contracting
Programs
3740 HUBZone Empowerment Contracting
Program
3741 Small Business Investment Companies
—Amendment Under the
Small Business Reauthorization
Act of 2000
3742 Small Business Size Standards;
Testing Laboratories
3743 Small Business Size Standards; Information
Technology Value
Added Resellers
3173 Control of Emissions of Air Pollution
From Nonroad Diesel Engines
and Fuel
3207 Phase I (FIP) To Reduce the Regional
Transport of Ozone in the
Eastern United States
3281 Control of Emissions from Highway
Motorcycles
3321 Lead-Based Paint Activities; Voluntary
Program for Renovation
and Remodeling
3342 Lead-Based Paint Activities; Abatement
Amendments for Renovation
and Remodeling
3415 Effluent Guidelines and Standards
for the Construction and Development
Industry
3444 National Primary Drinking Water
Regulations: Groundwater Rule
3446 National Primary Drinking Water
Regulations: Radon
3450 National Primary Drinking Water
Regulations: Revisions to the
Total Coliform Monitoring and Analytical
Requirements and Additional
Distribution System Requirements
Litigation Procedures
3724 Small Business Size Standards;
New Car Dealers
3730 Small Business Size Regulations;
Small Business Innovation Research
Program
3732 Size for Purposes of the Multiple
Award Schedule and Other Multiple
Award Contracts; Small
Business Size Regulations; 8(a)
Business Development/Small Disadvantaged
Business Status Determinations
3733 Small Business Size Standards;
-------
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.
3051 Persistent, Bioaccumulative, and Toxic (PBT)
Pollutants Strategy
3059 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3060 Public Information and Confidentiality Regulations
3066 Control of Emissions From New Locomotives
and New Marine Diesel Engines Less Than 30 Liters
per Cylinder
3077 Review of New Sources and Modifications in Indian
Country
3079 NSPS: SOCMI—Wastewater and Amendment to
Appendix C of Part 63 and Appendix J of Part 60
3083 Portland Cement Manufacturing Industry NESHAP:
Amendment to Implement Court Remand
3087 NESHAP: Perchloroethylene Dry Cleaning Facilities
Residual Risk Standards
3088 NESHAP: Wood Furniture Manufacturing Operations
— Residual Risk Standards
3090 National VOC Emission Standards for Consumer
Products; Proposed Amendments
3093 Protection of Stratospheric Ozone:Listing of
Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
3095 Federal Implementation Plan (FIP) for the
Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
3096 Inspection/Maintenance Recall Requirements
3111 Protection of Stratospheric Ozone; Allowance System
for Controlling HCFC Production, Import and Export;
Correction
3119 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
3120 Protection of Stratospheric Ozone:Restriction on the
Sales of Pre-Charged Split Systems
3135 National Volatile Organic Compound Emission
Standards for Architectural Coatings; Amendments
3136 Control of Ultra Low Sulfur Diesel Fuel Lubricity
3139 Protection of Stratospheric Ozone: Modifications to the
Technician Certification Requirements Under Section 608 of
the Clean Air Act
3145 NESHAP: Reciprocating Internal Combustion Engine
3146 NESHAP: Industrial, Commercial and Institutional
Boilers and Process Heaters
3156 NESHAP: Plywood and Composite Wood Products
3157 NESHAP: Chromium Electroplating Amendment
3160 Electric Utility Steam Generating Unit MACT
Regulation
3161 NESHAP: Solvent Extraction for Vegetable Oil:
Amendments
3177 Federal Implementation Plans for Indian Reservations
in Idaho, Oregon and Washington
3184 Regulation of Fuels and Fuel Additives: Modifications
to Standards and Requirements for Reformulated and
Conventional Gasoline Including Butane Blenders and
Attest Engagements
3185 Protection of Stratospheric Ozone; Refrigerant
Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use with
Substitute Refrigerants
3191 Protection of Stratospheric Ozone; Refrigerant
Recycling; Substitute Refrigerants; Leak Repair
Requirements for Refrigeration and Air-conditioning
Equipment
3201 NESHAP: Off-Site Waste and Recovery Operations
Residual Risk Standard
3209 NESHAP: Ethylene Oxide for Sterilization Facilities -
Residual Risk Standards
3210 NESHAP: Group II Polymers and Resins - Residual
Risk Standards
3211 NESHAP: National Emission Standards for Marine
Tank Vessel Loading Operations - Residual Risk Standard
3212 NESHAP: Secondary Lead Smelting Residual Risk
Standards
3213 NESHAP: Shipbuilding and Ship Repair Surface
Coating — Residual Risk Standards
3214 NESHAP: Halogenated Solvent Cleaning - Residual
Risk Standards
3215 NESHAP: Magnetic Tape Manufacturing Operations
Residual Risk Standard
3216 NESHAP: Printing and Publishing Industry - Residual
Risk Standards
3217 NESHAP: Petroleum Refineries—Residual Risk
Standards
3218 National Emission Standards for Chromium Emissions
From Hard and Decorative Chromium Electroplating
and Chromium Anodizing Tanks - Residual Risk Standards
3224 Control of Methyl Tertiary Butyl Ether (MTBE)
3225 Operating Permits: Revisions (Part 70)
3228 Performance Warranty and Inspection/Maintenance
Test Procedures
3238 Mineral Wool Production Residual Risk Standard
3239 NESHAP for Flexible Polyurethane Foam Production:
Residual Risk Standards
3240 NESHAP: Pharmaceuticals Production: Residual Risk
Standards
3250 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries
3257 Motor Vehicle and Engine Compliance Program Fees
for: Light-Duty Vehicles and Trucks; Heavy-Duty Vehicles
and Engines; Nonroad Engines; and Motorcycles
3258 NESHAP: Combustion Turbine
3259 NESHAP: Iron and Steel Foundries
3260 National Emission Standards for Hazardous Air
Pollutants: Miscellaneous Organic Chemical Manufacturing
3261 NESHAP: Chromium Electroplating Amendment (Tin-
Free Steel)
-------
3262 National Emission Standards for
Hazardous Air Pollutants: Miscellaneous
Coating Manufacturing
3267 NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
3268 NESHAP: Lime Manufacturing
3269 NESHAP: Surface Coating of Metal
Cans
3273 NESHAP: Organic Liquids Distribution
(Non-Gasoline)
3275 Clarification to Existing Part 63
NESHAP Delegations' Provisions
3280 Federal Plan Requirements for
Commercial and Industrial Solid
Waste Incineration Units Constructed
On or Before November
30,1999
3282 Protection of Stratospheric Ozone:
Ban on Trade of Methyl Bromide
to Non-Parties to the Montreal
Protocol
3283 Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Section
608
3284 Protection of Stratospheric Ozone:
Refrigerant Recycling; Substitute
Refrigerants
3285 Protection of Stratospheric Ozone:
Reconsideration of Section 608
Sales Restriction
3300 Pesticides; Data Requirements for
Conventional Chemicals
3301 Pesticides; Data Requirements for
Antimicrobials
3302 Endocrine Disrupter Screening Program
(EDSP); Implementing the
Screening and Testing Phase
3303 Pesticides; Procedures for the Registration
Review Program
3305 Pesticide Management and Disposal;
Standards for Pesticide
Containers and Containment
3307 Pesticides; Registration Requirements
for Antimicrobial Pesticide
Products
3309 Pesticides; Tolerance Processing
Fees
3323 Amendment to the Premanufacture
Notification Exemptions; Revisions
of Exemptions for Polymers
3324 Test Rule; Certain Chemicals on
the ATSDR Priority List of Hazardous
Substances
3325 Test Rule; Multiple Substance Rule
for the Testing of Developmental
and Reproductive Toxicity
3327 Follow-Up Rules on Existing Chemicals
3328 Significant New Use Rule (SNUR);
Selected Flame Retardant Chemical
Substances for Use in Residential
Upholstered Furniture
3329 Significant New Use Rule (SNUR);
Pentabromodiphenylether and
Octabromodiphenylether
3332 Significant New Use Rule (SNUR);
Chemical-Specific SNURs To Extend
Provisions of Section 5(e)
Orders
3333 Test Rules and Enforceable Consent
Agreements Under the Toxic
Substances Control Act (Generic
Entry)
3334 Test Rule; Testing of Certain High
Production Volume (HPV) Chemicals
3335 TSCA Section 8(a) Preliminary Assessment
Information Rules
3336 TSCA Section 8(d) Health and
Safety Data Reporting Rules
3337 Testing Agreement for
Perfluorooctanoic Acid (PFOA)
3338 Asbestos Model Accreditation Plan
Revisions
Seq.
No. Title
3339 Lead Fishing Sinkers; Response to
Citizens Petition and Proposed
Ban
3340 Lead-Based Paint Activities; Training,
Accreditation, and Certification
Rule and Model State Plan
Rule—Bridges and Structures
3341 Lead; Management and Disposal of
Lead-Based Paint Debris
3343 Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Processing,
and Distribution in Commerce
3344 Polychlorinated Biphenyls (PCBs);
Disposal of PCBs; Implementation
Issues
3345 Test Rule; Hazardous Air Pollutants
(HAPs)
3346 Test Rule; Certain Metals
3347 Testing Agreement for Certain
Oxygenated Fuel Additives
3348 Significant New Use Rule (SNUR);
Refractory Ceramic Fibers
(RCFs)
3349 Voluntary High Production Volume
(HPV) Chemical Challenge Program
3350 TSCA Policy Statement on Oversight
of Transgenic Organisms
(Including Plants)
3351 Lead; Amendments to Requirements
for Disclosure of Known
Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
3352 Lead; Notification Requirements for
Lead-Based Paint Abatement Activities
and Training
3353 Test Rule; In Vitro Dermal Absorption
Rate Testing of Certain
Chemicals of Interest to the Occupational
Safety and Health Administration
3354 TSCA Section 8(e) Policy; Notice of
Clarification
3356 Addition of Toxicity Equivalency
(TEQ) Reporting and Quantity
Data for Individual Members of
the Dioxin and Dioxin-like Compounds
Category Under EPCRA,
Section 313
3362 TRI; Responses to Petitions Received
To Add or Delete or Modify
Chemical Listings on the Toxic
Release Inventory
3363 TRI; Revisions to the Otherwise
Use Activity Exemptions and the
-------
Coal Extraction Activities Exemption
3364 TRI; Pollution Prevention Act Information
3365 Clarify TRI Reporting Obligations
Under EPCRA Section 313 for
the Metal Mining Activities of Extraction
and Beneficiation
3371 RCRA Subtitle C Financial Test Criteria
(Revision)
3379 Listing Determination and LDR for
Wastes Generated During the
Manufacture of Azo,
Anthraquinone, and Triarylmethane
Dyes and Pigments
3392 Modifications to RCRA Rules Associated
With Solvent-Contaminated
Industrial Wipes
3395 Revisions of the Lead-Acid Battery
Export Notification and Consent
Requirements
3402 Standards and Practices for Conducting
All Appropriate Inquiries
3409 Revisions to the National Oil and
Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing Requirements
3411 Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
3416 Effluent Guidelines and Standards
for the Concentrated Aquatic Animal
Production Industry
3417 Effluent Guidelines and Standards
for the Meat and Poultry Products
Point Source Category (Revisions)
3421 Minimizing Adverse Environmental
Impact From Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 2
3441 National Primary Drinking Water
Regulations: Aldicarb
3445 National Primary Drinking Water
Regulations: Minor Corrections
and Clarification to Drinking
Water Regulations
3447 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment
Rule
3448 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
3456 Shore Protection Act, Section
4103(b) Regulations
-------
D. INDEX TO ENTRIES THAT MAY
AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory
Planning and Review," signed September 30, 1993
(58 FR 51735), and the Unfunded Mandates Reform
Act of 1995 (Pub. 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.
3051 Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
3052 Project XL Site Specific Rulemaking
for the NASA White Sands Test
Facility in Las Cruces, New Mexico
(Phases III-VI)
3054 Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
(CROMERRR)
3058 Project XL Site Specific Rulemaking
for NASA White Sands Test Facility
Electronic Reporting in Las
Cruces, New Mexico (Phases I
and II)
3059 Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
3063 Regulatory Incentives for the National
Environmental Performance
Track Program
3065 Revision to Policy on Control of
Volatile Organic Compounds
(VOC)
3074 General Conformity Regulations;
Revisions
3076 NSPS and Emission Guidelines for
Other Solid Waste Incinerators
3078 Clean Air Fine Particle Implementation
Rule
3080 Performance Specification 16 -
Specifications and Test Procedures
for Predictive Emission
Monitoring Systems in Stationary
Sources
3082 NESHAP: Printing and Publishing
Industry; Amendments
3084 National Emission Standards for
Coke Oven Batteries - Residual
Risk Standards
3090 National VOC Emission Standards
for Consumer Products; Proposed
Amendments
3097 Ambient Air Quality Monitoring Regulations:
Revisions
3104 Transportation Conformity Rule
Amendments for New 8-Hour
Ozone and PM2.5 National Ambient
Air Quality Standards
3105 Prevention of Significant Deterioration
(PSD) and Nonattainment
New Source Review (NSR):
Allowables Plantwide Applicability
Limit (PAL), Aggregation, and
Debottlenecking
3106 Clean Air Interstate Rule; Formerly
Titled Interstate Air Quality Rule
3109 Lifting the Stay of the Eight-Hour
Portion of the Findings of Significant
Contribution and Rulemaking
for Purposes of Reducing Interstate
Ozone Transport (NOx SIP
Call)
3123 Amendments to Vehicle Inspection
and Maintenance Program Requirements
To Address New 8-
Hour Ozone Standard
3128 Exemption of Area Sources From
Title V Operating Permit Program
3130 Prevention of Significant Deterioration
for Nitrogen Oxides
3143 Amendment to Subparts H and I for
Emissions of Radionuclides Other
Than Radon from DOE Facilities
3144 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
3145 NESHAP: Reciprocating Internal
Combustion Engine
3146 NESHAP: Industrial, Commercial
and Institutional Boilers and Process
Heaters
3151 Clean Air Ozone Implementation
Rule (Part 1 and 2)
3154 Revision of Combustion Turbines
NSPS—Part 60, Subpart GG
3158 NESHAP: Asphalt/Coal Tar Application
on Metal Pipes
3160 Electric Utility Steam Generating
Unit MACT Regulation
3170 Transportation Conformity Amendments:
Response to March 2,
1999, Court Decision
3173 Control of Emissions of Air Pollution
From Nonroad Diesel Engines
and Fuel
3179 Clean Air Visibility Rule
3189 Clean Air Ozone Designations
3190 Clean Air Fine Particle Designations
3203 Accidental Release Prevention Requirements:
Risk Management
Programs under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
3206 Prevention of Significant Deterioration
of Air Quality: Permit Application
-------
Review Procedures for Non-
Federal Class I Areas
3207 Phase I (FIP) To Reduce the Regional
Transport of Ozone in the
Eastern United States
3213 NESHAP: Shipbuilding and Ship
Repair Surface Coating — Residual
Risk Standards
3218 National Emission Standards for
Chromium Emissions From Hard
and Decorative Chromium Electroplating
and Chromium Anodizing
Tanks - Residual Risk
Standards
3224 Control of Methyl Tertiary Butyl
Ether (MTBE)
3225 Operating Permits: Revisions (Part
70)
3226 Revised Permit Revision Procedures
for the Federal Operating
Permits Program-Part 71
3230 Inspection Maintenance Program
Requirements for Federal Facilities;
Amendment to the Final Rule
3231 Rescinding Finding That Preexisting
PM10 Standards No Longer Applicable
in Northern Ada County/Boise, Idaho
3232 Prevention of Significant Deterioration
(PSD) and Nonattainment
New Source Review (NSR):
Clean Units
3234 Voluntary Superior Monitoring
3235 Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient Air
Quality Standards for Early Action Compact Areas
3237 NESHAP: Ferroalloys Production:
Ferromanganese and Silicomanganese Residual Risk
Standards
3240 NESHAP: Pharmaceuticals Production:
Residual Risk Standards
3263 Interstate Ozone Transport: Response
to Court Decisions on the
NOx SIP Call, NOx SIP Call
Technical Amendments, and Section
126 Rules
3267 NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
3270 NESHAP: Surface Coating of Automobiles
and Light-Duty Trucks
3271 NESHAP: Primary Magnesium Refining
3272 NESHAP: Site Remediation
3274 NESHAP: Taconite Iron Ore Processing
Industry
3275 Clarification to Existing Part 63
NESHAP Delegations' Provisions
3280 Federal Plan Requirements for
Commercial and Industrial Solid
Waste Incineration Units Constructed
On or Before November
30,1999
3289 Revisions to Federal Operating Permits
Program Fee Payment
Deadlines for California Agricultural
Sources
3304 Pesticides; Emergency Exemption
Process Revisions
3316 Groundwater and Pesticide Management
Plan Rule
3321 Lead-Based Paint Activities; Voluntary
Program for Renovation
and Remodeling
3328 Significant New Use Rule (SNUR);
Selected Flame Retardant Chemical
Substances for Use in Residential
Upholstered Furniture
3329 Significant New Use Rule (SNUR);
Pentabromodiphenylether and
Octabromodiphenylether
3338 Asbestos Model Accreditation Plan
Revisions
3340 Lead-Based Paint Activities; Training,
Accreditation, and Certification
Rule and Model State Plan
Rule—Bridges and Structures
3341 Lead; Management and Disposal of
Lead-Based Paint Debris
3342 Lead-Based Paint Activities; Abatement
Amendments for Renovation
and Remodeling
3344 Polychlorinated Biphenyls (PCBs);
Disposal of PCBs; Implementation
Issues
3351 Lead; Amendments to Requirements
for Disclosure of Known
Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
3352 Lead; Notification Requirements for
Lead-Based Paint Abatement Activities
and Training
3356 Addition of Toxicity Equivalency
(TEQ) Reporting and Quantity
Data for Individual Members of
the Dioxin and Dioxin-like Compounds
Category Under EPCRA,
Section 313
3359 Rulemaking to Change Toxic Release
Inventory (TRI) Reporting
Requirements From Standard Industrial
Classification (SIC)
Codes to North American Industrial
Classification System
(NAICS) Codes
3360 Emergency Planning and Community
Right-to-Know Act: Amendments
and Streamlining Rule
3361 TRI; Review of Chemicals on the
Original TRI List
3362 TRI; Responses to Petitions Received
To Add or Delete or Modify
Chemical Listings on the Toxic
Release Inventory
3363 TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemption
3364 TRI; Pollution Prevention Act Information
Requirements
3369 Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
3371 RCRA Subtitle C Financial Test Criteria
(Revision)
3372 Land Disposal Restrictions: Determination
of Equivalent Treatment
for Macroencapsulation of Radioactive
Lead Solids; Definition of
Macroencapsulation
3373 RCRA Incentives for Performance
Track Members
3374 Standardized Permit for RCRA Hazardous
-------
Waste Management Facilities
3375 Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
3376 Methods Innovation Rule
3377 Hazardous Waste Manifest Regulation
3378 Office of Solid Waste Burden Reduction
Initiative
3379 Listing Determination and LDR for
Wastes Generated During the
Manufacture of Azo,
Anthraquinone, and Triarylmethane
Dyes and Pigments
3380 Recycling of Cathode Ray Tubes
(CRTs) and Mercury-Containing
Equipment: Changes to Hazardous
Waste Regulations
3381 Revision of Wastewater Treatment
Exemptions for Hazardous Waste
Mixtures
3382 NESHAPS: Standards for Hazardous
Air Pollutants for Hazardous
Waste Combustors
3384 Project XL Site-Specific Rulemaking
for the IBM Semiconductor Manufacturing
Facility in Hopewell
Junction, New York
3385 Management of Cement Kiln Dust
(CKD)
3386 Standards for the Management of
Coal Combustion Wastes Generated
by Commercial Electric
Power Producers
3387 Standards for the Management of
Coal Combustion Wastes—Non-
Power Producers and Minefilling
No. Title
3388 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-Final Rule
3389 RCRA Burden Reduction Initiative,
Phase 2
3390 E-Cycling Pilot Project for Region 3
States (ECOS); Streamlining
RCRA Regulations to Encourage
Reuse, Recycling, and Recovery
of Electronic Equipment
3392 Modifications to RCRA Rules Associated
With Solvent-Contaminated
Industrial Wipes
3394 Revisions to the Definition of Solid
Waste
3398 Research, Development, and Demonstration
Permits for Municipal
Solid Waste Landfill
3399 Project XL Site-Specific Rulemaking
for Anne Arundel County
Millersville Landfill, Severn, Maryland
3401 National Priorities List for Uncontrolled
Hazardous Waste Sites:
Proposed and Final Rules
3402 Standards and Practices for Conducting
All Appropriate Inquiries
3403 Revise 40 CFR Part 35 Subpart 0:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
3408 Water Quality Standards for Indian
Country Waters
3409 Revisions to the National Oil and
Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing Requirements
3411 Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
3412 NPDES Permit Requirements for
Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows,
and Peak Excess Flow Treatment
Facilities
3414 Water Quality Standards for Pathogens
and Pathogen Indicators for
Coastal Recreation Waters
3416 Effluent Guidelines and Standards
for the Concentrated Aquatic Animal
Production Industry
3417 Effluent Guidelines and Standards
for the Meat and Poultry Products
Point Source Category (Revisions)
3419 Test Procedures: Revisions to
Method Detection and Quantitation
for the Clean Water Act
3420 Test Procedures: New and Updated
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act and Safe Drinking
Water Act
3421 Minimizing Adverse Environmental
Impact From Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 2
3422 Streamlining the General
Pretreatment Regulations for Existing
and New Sources of Pollution
3424 Effluent Guidelines and Standards:
Recodification of Various Effluent
Guidelines
3425 Uniform National Discharge Standards
for Armed Forces Vessels—
Phase II
3426 Effluent Guidelines and Standards
for the Pulp, Paper, and Paperboard
Point Source Category,
Dissolving Kraft and Dissolving
Sulfite Subcategories (Phase III)
3427 Test Procedures for the Analysis of
Trace Metals Under the Clean Water Act
3428 Test Procedures: Increased Method
Flexibility for Test Procedures Approved
for Clean Water Act Compliance
Monitoring
3429 Test Procedures: Performance-
Based Measurement System
(PBMS) Procedures and Guidance
for Clean Water Act Test
Procedures
3430 Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Substituted
Polychlorinated Biphenyls
-------
(PCBs) Under the Clean Water
Act
3431 NPDES Streamlining Rule —
Round III
3432 Watershed Rule: Total Maximum
Daily Load (TMDL) Program Revisions
3433 Clean Water State Revolving Fund
Regulation Revisions Re: Use as
Matching Funds
3435 Effluent Guidelines and Standards
for the Centralized Waste Treatment
Point Source Category (Revision)
3436 Water Quality Standards for Alabama
—Phase II
3437 Round 2 Standards for the Use or
Disposal of Sewage Sludge
3438 Modification to Competitive Process
Used by EPA for Wetland Program
Development Grants
3441 National Primary Drinking Water
Regulations: Aldicarb
3442 Unregulated Contaminant Monitoring
Regulation for Public Water
Systems Revisions
3444 National Primary Drinking Water
Regulations: Groundwater Rule
3446 National Primary Drinking Water
Regulations: Radon
3447 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment
Rule
3448 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
3450 National Primary Drinking Water
Regulations: Revisions to the
Total Coliform Monitoring and Analytical
Requirements and Additional
Distribution System Requirements
3452 Underground Injection Control: Update
of State Programs
3455 National Primary and Secondary
Drinking Water Regulations: Approval
of Additional Method for
the Detection of Conforms and E.
Coll. in Drinking Water
-------
E. INDEX TO ENTRIES THAT MAY
HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism,"
signed 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.
3412 NPDES Permit Requirements for
Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows,
and Peak Excess Flow Treatment
Facilities
3425 Uniform National Discharge Standards
for Armed Forces Vessels—
Phase II
3446 National Primary Drinking Water
Regulations: Radon
3447 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment
Rule
3448 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
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