230Z04001
       ,and
       gulatory
         Actions
SPRING  2OO4

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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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EPA
  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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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

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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

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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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                 Federal  Register /Vol. 69, No. 123/Monday,  June  28,  2004/Unified Agenda
                                                                                                    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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38166
               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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             Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
38167
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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38168
     Federal Register/Vol. 69,  No. 123/Monday, June 28,  2004/Unified Agenda
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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                Federal Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                    38169
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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38170
    Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
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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              Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                                  38171
EPA
  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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38172
     Federal Register/Vol.  69,  No. 123/Monday, June  28,  2004/Unified Agenda
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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                Federal Register/Vol. 69, No. 123/Monday, June  28,  2004/Unified Agenda
                                                                                           38173
EPA
                    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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38174
Federal Register/Vol.  69,  No. 123/Monday, June 28,  2004/Unified Agenda
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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38176
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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38178
Federal Register/Vol. 69. No. 123/Monday, June 28, 2004 /Unified Agenda
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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                Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                  38179
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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                Federal Register/Vol. 69, No.  123/Monday, June  28,  2004/Unified  Agenda
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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                 Federal Register/Vol.  69, No. 123/Monday, June  28, 2004/Unified Agenda
                                                                                                      38181
 EPA—General
                                                                                         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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38182
Federal Register/Vol.  69, No. 123/Monday, June 28,  2004/Unified Agenda
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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                 Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                    38183
 EPA—Clean Air Act  (CAA)
                                                            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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                 Federal Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                   38193
 EPA—Clean  Air Act (CAA)
                                                   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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38194
Federal Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
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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                 Federal Register/Vol.  69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                   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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38196
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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                 Federal Register/Vol.  69,  No. 123/Monday, June  28,  2004/Unified Agenda
                                                                                        38197
 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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38198
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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                Federal  Register/Vol. 69,  No. 123/Monday, June 28, 2004/Unified Agenda
                                                                                    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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38200
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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                Federal Register/Vol. 69, No. 123/Monday, June  28,  2004/Unified Agenda
                                                                                      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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38202
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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38212
Federal Register/Vol. 69,  No. 123/Monday, June 28,  2004/Unified Agenda
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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                Federal Register/Vol.  69, No. 123/Monday, June 28, 2004/Unified  Agenda
                                                                                                        38213
EPA—Clean Air  Act (CAA)
                                                                                             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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                 Federal Register/Vol. 69, No.  123/Monday, June  28,  2004/Unified Agenda
                                                                                      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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                Federal  Register/Vol. 69,  No. 123/Monday, June 28,  2004/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                                            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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EPA—Clean Air Act  (CAA)
                                                                          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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                                                     Long-Term Actions
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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                                                                  38235
EPA—Clean Air Act (CAA)
                                                     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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EPA—Clean Air Act (CAA)
                                                                          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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                Federal  Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                  38237
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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38238
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
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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                                                                  38239
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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Federal Register/Vol.  69,  No. 123/Monday, June  28,  2004/Unified Agenda
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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                 Federal Register/Vol.  69,  No. 123/Monday,  June 28, 2004/Unified Agenda
                                                                   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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38244
Federal  Register/Vol. 69,  No. 123/Monday, June 28,  2004/Unified Agenda
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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                Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004 /Unified Agenda
                                                                                     38245
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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38246
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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                Federal Register/Vol. 69, No. 123/Monday, June 28, 2004 /Unified Agenda
                                                                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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38248
Federal Register/Vol. 69,  No.  123/Monday, June  28, 2004/Unified Agenda
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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                Federal Register/Vol. 69, No.  123/Monday, June 28,  2004/Unified Agenda
                                                                 38249
EPA—Clean Air Act  (CAA)
                                                    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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38250
Federal  Register/Vol.  69,  No. 123/Monday, June  28,  2004/Unified Agenda
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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               Federal Register/Vol.  69, No.  123/Monday, June 28, 2004 /Unified Agenda
                                                                                                   38251
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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38252
Federal Register/Vol. 69, No. 123/Monday, June 28, 2004 /Unified Agenda
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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                Federal Register/Vol. 69, No.  123/Monday, June  28,  2004/Unified Agenda
                                                                   38253
Environmental Protection Agency (EPA)
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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38254
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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                 Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified Agenda
                                                                   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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38256
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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38258
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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                 Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004 / Unified  Agenda
                                                                   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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                 Federal Register/VoI. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                            38261
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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38262
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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                 Federal  Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                    38263
 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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38264
Federal Register/Vol.  69, No. 123/Monday, June 28,  2004/Unified Agenda
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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                Federal Register/Vol. 69, No.  123/Monday, June  28, 2004/Unified Agenda
                                                                  38265
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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38266
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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                Federal Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                 38267
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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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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                 Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified Agenda
                                                                   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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                Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified  Agenda
                                                                                                       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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38276
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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                Federal Register/Vol.  69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                   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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                Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified  Agenda
                                                                   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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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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                Federal Register/Vol. 69, No.  123/Monday, June 28,  2004/Unified  Agenda
                                                                                                        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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Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
                                                                            Final  Rule  Stage
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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                 Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified Agenda
                                                                                                         38289
EPA—Resource Conservation and Recovery  Act (RCRA)
                                                                                              Final  Rule Stage
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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                                                                  38291
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                                                       Final Rule  Stage
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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EPA—Resource Conservation and  Recovery Act (RCRA)
                                                                          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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EPA—Resource Conservation and Recovery Act (RCRA)
                                                                        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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                 Federal Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                  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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38296
Federal Register/Vol. 69, No.  123/Monday, June  28, 2004/Unified Agenda
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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                 Federal Register/Vol. 69, No.  123/Monday, June  28,  2004/Unified Agenda
                                                                    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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                Federal Register/Vol. 69,  No. 123/Monday, June 28, 2004/Unified Agenda
                                                                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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38300
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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                Federal Register/Vol. 69, No.  123/Monday, June 28,  2004/Unified Agenda
                                                                  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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38302
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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                 Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified  Agenda
                                                                   38303
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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                 Federal Register/Vol.  69, No.  123/Monday, June  28,  2004/Unified Agenda
                                                                                      38305
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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Federal Register/Vol.  69, No. 123/Monday, June 28, 2004/Unified Agenda
EPA—Clean Water Act  (CWA)
                                                                           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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                 Federal  Register/Vol. 69, No.  123/Monday, June 28, 2004/Unified Agenda
                                                                                       38307
 EPA—Clean Water Act  (CWA)
                                                                            Final Rule Stage
 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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                Federal Register/Vol. 69. No. 123/Monday. June 28, 2004/Unified Agenda
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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                Federal Register/Vol. 69, No. 123/Monday, June 28,  2004/Unified Agenda
                                                                   38309
EPA—Clean Water Act (CWA)
                                                     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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38310
Federal Register/Vol.  69,  No. 123/Monday, June 28, 2004/Unified Agenda
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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                Federal  Register/Vol.  69, No.  123/Monday, June 28, 2004 / Unified Agenda
                                                                                  38311
 EPA—Clean Water Act  (CWA)
                                                                     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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38312
Federal Register/Vol.  69,  No. 123/Monday, June  28,  2004/Unified Agenda
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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                Federal Register /Vol. 69, No. 123/Monday, June 28,  2004/Unified Agenda
                                                                  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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38314
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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                 Federal Register/Vol. 69, No. 123/Monday, June 28, 2004/Unified Agenda
                                                                                      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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38316
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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                Federal Register/Vol.  69, No. 123/Monday, June 28,  2004/Unified Agenda
                                                                   38317
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

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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

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                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)

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B. INDEX TO ENTRIES FOR WHICH A
REGULATORY FLEXIBILITY
ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601)
requires that agencies publish regulatory agendas
identifying
those rules that may have a significant economic
impact on a substantial number of small entities.
Agencies
meet that requirement by including the information in
their submissions for the Unified Agenda.
The following index lists the regulatory actions in
this publication for which agencies believe that
the Act may require a Regulatory Flexibility Analysis
because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or
small organizations. The Sequence Number (Seq.
No.)
of the entry identifies the location of the entry in this
edition. For further information, see the Regulatory
Information Service Center's Introduction in part II
of this issue.
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;

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C. INDEX TO ENTRIES THAT MAY
AFFECT SMALL ENTITIES WHEN A
REGULATORY
FLEXIBILITY ANALYSIS IS NOT
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601)
requires that agencies publish regulatory agendas
identifying those rules that may have a significant
economic impact on a substantial number of small
entities. Agencies meet that requirement by including
the information in their submissions for the Unified
Agenda. Some agencies have chosen to identify
additional regulatory actions that may have some
impact on small entities even though a Regulatory
Flexibility Analysis may not be required.
The following index lists the regulatory actions in
this publication for which agencies have chosen
to indicate that some impact on small entities is likely
even though a Regulatory Flexibility Analysis may
not be required. The Sequence Number (Seq. No.) of
the entry identifies the location of the entry in this
edition. For further information, see the Regulatory
Information Service Center's Introduction in part II
of this issue.
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