Efeo«
Plan and Semiannual
FALL
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FALL 2OO4
Regulatory
Plan and
Semiannual
Regulatory^
"The President has charged me to take action to
ensure our air is cleaner, our water is purer and our
land is better protected, all while affirming our eco-
nomic competitiveness. This charge defines his pas-
sion, the mission of the Environmental Protection
Agency and my stewardship as Administrator."
—Administrator, Mike Leavitt
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Regulatory Plan Contents
Part 1: The Statement of Priorities
Part 2: The 27 Actions Described in the Regulatory Plan
Sequence Title and Regulation Identification Number
Prerule Stage
115 Endocrine Disruptor Screening Program (EDSP); Chemical Selection Approach for Initial Round
of Screening 2070-AD59
116 Notification of Chemical Exports Under TSCA Section 12(b) 2070-AJ01
117 Lead-Based Paint Activities; Voluntary Program for Renovation and Remodeling 2070-AJ03
Proposed Action Stage
118 Clean Air Fine Particle Implementation Rule 2Q6Q-AK74
119 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking 2060-AL75
120 Pesticides; Data Requirements for Conventional Chemicals 2070-AC12
121 Pesticides; Emergency Exemption Process Revisions 2Q70-AD36
122 Acceptability of Research Using Human Subjects 2070-AD57
123 Increase Metals Reclamation From F006 Waste Streams 2050-AE97
124 Regulatory Amendments to the F019 Hazardous Waste Listing To Exclude Wastewater
Treatment Sludges From Chemical Conversion Coating Process (Zinc Phosphating) of
Automobile Bodies of Aluminum 2050-AG15
125 Toxics Release Inventory Reporting Burden Reduction Rule 2025-AA14
Final Action Stage
126 Clean Air Visibility Rule 2060-AJ31
127 Clean Air Mercury Rule—Electric Utility Steam Generating Units 2060-AJ65
128 Clean Air Ozone implementation Rule (Part 1 and Part 2) 2060-AJ99
129 Nonattainment Major New Source Review (NSR) 2Q60-AM59
130 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals 2070-AD16
131 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II) 2050-AE01
132 Hazardous Waste Manifest Regulation 2Q50-AE21
133 Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
134 RCRA Burden Reduction Initiative 2050-AE50
135 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations 2050-AE52
136 Hazardous Waste Management System; Modification of the Hazardous Waste Program:
Mercury-Containing Equipment 2050-AG21
137 National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
138 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule 2Q4Q-AD37
139 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-AD38
140 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water Act, Phase 3 2040-AD70
141 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR) 2025-AA07
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72819
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Environmental Protection Agency
Statement of Priorities
OVERVIEW
The U.S. Environmental Protection
Agency (EPA) is the leading Federal
agency responsible for protecting
human health and the environment.
Since its creation in 1970, EPA has
taken actions that have led to
measurable improvements in air and
water quality, significant reductions in
solid and hazardous wastes, and
limitations on the use of harmful
chemicals and pesticides.
Specifically, EPA leads the nation's
environmental science, research,
education and assessment efforts by:
Developing and enforcing
regulations; EPA works to develop and
enforce regulations that implement
environmental laws enacted by
Congress. EPA is responsible for
researching and setting national
standards for a variety of environmental
programs, and delegates to States and
tribes the responsibility for issuing
permits and for monitoring and
enforcing compliance. Where national
standards are not met, EPA can issue
sanctions and take other steps to assist
the states and tribes in reaching the
desired levels of environmental quality.
Offering financial assistance: In
recent years, between 40 and 50 percent
of EPA's enacted budgets have provided
direct support through grants to State
environmental programs. EPA grants to
States, non-profits and educational
institutions support high-quality
research that will improve the scientific
basis for decisions on national
environmental issues and help EPA
achieve its goals.
« EPA provides research grants and
graduate fellowships.
• The Agency supports environmental
education projects that enhance the
public's awareness, knowledge, and
skills to make informed decisions that
affect environmental quality.
• The Agency also offers information
for State and local governments and
small businesses on financing
environmental services and projects.
• EPA also provides other financial
assistance through programs as the
Drinking Water State Revolving Fund,
the Clean Water State Revolving
Fund, and the Brownfields program.
Performing environmental research:
At laboratories located throughout the
nation, the Agency works to assess
environmental conditions and to
identify, understand, and solve current
and future environmental problems;
integrate the work of scientific partners
such as nations, private sector
organizations, academia and other
agencies; and provide leadership in
addressing emerging environmental
issues and in advancing the science and
technology of risk assessment and risk
management.
Sponsoring voluntary partnerships
and programs: The Agency works
through its headquarters and regional
offices with over 10,000 industries,
businesses, non-profit organizations,
and state and local governments, on
over 40 voluntary pollution prevention
programs and energy conservation
efforts. Partners set voluntary pollution-
management goals; examples include
conserving water and energy,
minimizing greenhouse gases, slashing
toxic emissions, re-using solid waste,
controlling indoor air pollution, and
getting a handle on pesticide risks. In
return, EPA provides incentives like
vital public recognition and access to
emerging information.
Furthering environmental education:
EPA advances educational efforts to
develop an environmentally conscious
and responsible public, and to inspire
personal responsibility in caring for the
environment,
To view the Agency's complete
strategic plan and annual report, go to
http://www.epa.gov/ocfopage/plan/
plan.htm,
FOCUSING ON A BETTER WAY
EPA is focusing on finding a better
way of environmental protection, one
that can accelerate environmental
progress. The existing system has served
the nation well.., but today's
challenges are more complex. New
approaches are needed that can help
achieve goals more quickly and cost-
effectively. EPA is relying on four
cornerstones to finding a better way -
Collaborative problem-solving, market
incentives, new technology, and a focus
on results.
Collaborative problem-solving is a
way of achieving more with our
collective resources - bringing all
available expertise and resources to bear
in solving problems. For example, EPA
is collaborating with States and other
partners in an effort to improve the
Great Lakes and scaling up its National
Environmental Performance Track
Program. Performance Track is the
flagship EPA voluntary program that
recognizes and rewards top-performing
facilities representing all sizes of
businesses from a variety of sectors.
This program provides public
recognition to these entities and offers
regulatory, policy, and administrative
incentives, such as a low priority for
routine EPA inspections, extended on-
site storage times for hazardous waste,
and reduced reporting frequency under
the Clean Air Act.
Incentives are the second cornerstone.
Market-based approaches or other
incentives can lead businesses,
government agencies, and other
organizations to do more than is
required. These approaches provide a
way to link environmental and
economic interests so that doing more
for the environment nets more for the
bottom line. EPA is working to build
more incentives into our programs and
policies. For example, EPA is proposing
to use market-based approaches to
drastically reduce emissions of mercury,
SOx and NOx.
Technology is the third cornerstone,
To continue making progress, it is
critical to harness the latest scientific,
technological, and information
capabilities for environmental gain. For
example under our Technology for a
Sustainable Environment (TSE)
program, after a competition, we award
grants to support fundamental and
applied research related to pollution
prevention in industrial processes and
methodologies ultimately leading to a
reduction in waste at the source. Under
this program, as an alternative to
organic or halogenated solvents, a CO2-
based process was developed. The work
was further supported with a Small
Business Innovation Research grant and
now a $400 million commercial facility
is being built to exploit it.
Focus on results is the fourth
cornerstone. EPA understands that
traditional environmental strategies
have sometimes gotten bogged down in
process at the expense of real progress.
One of the best examples is reducing
dirty emissions from older diesel school
buses. Recognizing diesel engines have
long life spans - sometimes 30 years -
and that many school systems would
use current buses until they had "run
their course," EPA launched a
nationwide campaign to retrofit older
buses and provide our children with a
much cleaner, healthier ride to school.
Hundreds of communities now have
retrofitting programs underway.
EPA believes these cornerstones will
be the foundation to finding a better
way to environmental progress.
Attention to Small Businesses
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Helping small businesses improve
environmental performance is a top
priority for EPA, EPA offers a variety of
services for small businesses, including
a toll-free hotline, a semiannual
newsletter, online expert systems, and
for some sectors, compliance assistance
centers that focus on the unique
environmental management issues
facing specific industries. EPA also
maintains a Small Business
Ombudsman, which provides a point of
contact for small businesses and ensures
compliance with the Small Business
Paperwork Relief Act of 2002.
In FY 2004, EPA is focusing on
implementing the Small Business
Strategy. By better coordinating small
business activities, EPA aims to improve
its technical assistance and outreach
efforts, minimize burdens to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary propams,
A number of rules included in this
Plan may be of particular interest to
small businesses (and for a more
extensive list of rules affecting small
businesses, please see appendices B and
C to the Regulatory Agenda which is
available at epa.gov/regagenda.)
• Groundwater Rule (2040-AA97)
• Long Term 2 Enhanced Surface Water
Treatment Rule (2040-AD37)
• Stage 2 Disinfection Byproducts Rule
(2040-AD38)
• Minimizing Adverse Environmental
Impacts from Cooling Water Intake
Structures (316(b) Phase III) Rule
(2040-AD70)
• Standardized Permit for RCRA
Hazardous Waste Management
Facilities Final Rule (2050-AE44)
• Office of Solid Waste Burden
Reduction Project Final Rule (2050-
AE51)
• Recycling of Cathode Ray Tubes and
Mercury-Containing Equipment:
Changes to Hazardous Waste
Regulations Final Rule (2050-AE52)
• Increase Metals Reclamation from
F006 Waste Streams Proposed Rule
(2050-AE97)
« Standards and Practices for
Conducting "All Appropriate
Inquiry" Proposed Rule (2050-AF04)
• Control of Emissions from Spark-
Ignition Engines and Fuel Systems
from Marine Vessels and Small
Equipment (2060-AM34)
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
The principal regulatory priority of
EPA's Office of Air and Radiation (OAR)
for FY 2005 is to protect public health
and the environment from the harmful
effects of fine particulate matter and
ozone, the two air pollutants that persist
widely in the Nation's air in amounts
that exceed Clean Air Act health
standards. Exposure to these pollutants
is associated with numerous harmful
effects on human health, including
respiratory problems, heart and lung
disease, and premature death. These
pollutants also degrade visibility in
National parks and other scenic areas. In
addition to ozone and particulate
pollution, OAR is continuing to address
toxic air pollution by implementing a
toxics-control program under the Clean
Air Act. OAR is also working to increase
the effectiveness and efficiency of its
permitting programs, which are the
main mechanisms through which these
protections are implemented. These
efforts are described briefly below,
One of OAR's principal vehicles to
mitigate particulate and ozone pollution
is the Clean Air Interstate Rule, which
will achieve large reductions in sulfur
dioxide and nitrogen oxide emissions
that cause particulate and ozone
pollution. Emissions of sulfur dioxide
and nitrogen oxide, especially from
electric powerplants, can be transported
on the wind over long distances from
the Midwest to the east coast. Such
emissions can be a major factor in the
pollution problems of eastern cities.
This program will achieve its reductions
through use of a "cap-and-trade" system
similar to the one that has proved so
successful in EPA's Acid Rain program,
OAR is also developing a separate rule
to enhance scenic areas by reducing the
particulate pollution that restricts
visibility in those areas.
OAR is also developing a rulemaking
addressing another category of
emissions that cause particulate and
ozone pollution; emissions from
locomotives and smaller marine
engines. This rule will enhance the
overall mobile-source control program
that has already set stringent standards
for most categories of vehicles, engines,
and their fuels.
Even though these Federal rules will
go a long way toward reducing the
ozone and particulate pollution in
America's cities, they can't do the job
alone. Additional State and local control
programs under the Clean Air Act will
need to be instituted or enhanced in
many of the most polluted areas. To
help and guide the States and local
governments in these efforts, EPA is
developing implementation rulemakings
for both ozone and particulates that will
provide technical help and policy
guidance crucial to assuring that State
and local efforts achieve their pollution-
control goals.
OAR also continues to assess new
scientific information that underlies the
National Ambient Air Quality Standards
(NAAQS), which are the centerpiece of
the Clean Air Act and the foundation of
OAR's program. In 2005, EPA expects to
announce the results of the latest review
of the particulate matter NAAQS in the
form of a proposed rule to either revise
or reaffirm the current standard.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990. EPA has
largely completed implementing the
"Maximum Achievable Control
Technology" (MACT) program, which
has the goal of controlling toxic air
pollution from major emitters
nationwide. Toxic air pollution is a term
that covers a large number of industrial
chemicals and other substances that
have been shown to cause cancer, birth
defects, and developmental problems in
children. To date, EPA's air toxics
program has focused primarily on
reducing emissions from large industrial
sources, such as petroleum refineries
and chemical manufacturing plants,
through technology-based standards.
When fully implemented, the overall
MACT program will reduce more than
one million tons of toxic air emissions
per year. The Electric Utility MACT
regulation will address one of the most
significant remaining sources of
mercury in the United States, While
working on these standards, OAR is
beginning to evaluate those sources with
standards already in place to determine
if the remaining risk from those sources
warrants additional regulation.
Since many air quality programs are
administered through permitting
programs, OAR continues to work
toward improving these programs to
increase efficiency and reduce
regulatory burden. Currently, OAR is
developing rulemakings to streamline
and improve its New Source Review
(NSR) permitting program. This effort
will clarify the circumstances under
which companies must obtain
construction permits before building
new facilities or significantly modifying
existing facilities. These revisions will
provide more regulatory certainty by
clarifying compliance requirements, and
will also make the program easier to
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administer while maintaining its
environmental benefits. In developing
these NSR rule revisions, OAR is
drawing upon many years of intense
involvement with major stakeholders,
who have helped shape a suite of
reforms that are expected to both
improve the environmental
effectiveness of these programs and
make them easier to comply with.
The annual report on the costs and
benefits of regulations, entitled
"Stimulating Smarter Regulation; 2002
Report to Congress on the Costs and
Benefits of Regulations and Unfunded
Mandates on State, Local, and Tribal
Entities," that is prepared by the Office
of Management and Budget (OMB) and
submitted to Congress each year,
included several nominations for reform
from the public. In FY2005, OAR
expects to address through regulatory
action one of the areas raised: New
Source Review (Comments #16, 30, 77,
187,188,189, and 196). (For a copy of
these comments, go to OMB's
compilation of the comments at
http://www.whitehouse.gov/omb/
inforeg/key comments.html.)
Office of Environmental Information
EPA's Office of Environmental
Information (OKI) continues to ensure
that EPA collects and provides access to
high quality environmental information
and data to our partners, stakeholders,
and the public. In keeping with this
mandate, one of OEI's top regulatory
priorities will be the finalization of the
electronic reporting provisions of the
Cross-Media Electronic Reporting and
Record-Keeping Rule (CROMERRR).
EPA is deferring any further action on
the CROMERRR electronic record-
keeping provisions until a later time,
This final rule will address electronic
reporting by companies regulated under
all of EPA's programs: air, water,
pesticides, toxic substances, wastes, and
emergency response. CROMERRR
would remove existing regulatory
obstacles to electronic reporting, and it
would set requirements for companies
choosing to report electronically. In
addition, this rule would set the
conditions for allowing electronic
reporting under State, tribal, or local
environmental programs that operate
under EPA authorization.
CROMERRR 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
CROMERRR's goals, the rule would .
specify a set of criteria that these
programs must satisfy as they initiate
electronic reporting. The final rule
would specify a process for certifying
that these programs meet the criteria,
EPA is on schedule to finalize
CROMERRR by the first half of FY2005.
In response to public comment, a
decision was made to focus the final
rule on electronic reporting only, and to
defer coverage of electronic record
keeping until a later time. Also in
response to comments, EPA currendy is
exploring a streamlined process to
review State programs for electronic
reporting.
Another key regulatory priority that
OEI is undertaking is the enactment of
burden reduction for the Toxics Release
Inventory (TRI) reporting community.
The TRI program collects chemical
release and other waste management
data on over 650 chemicals from over
24,000 facilities across the U.S. each
year. To provide TRI reporters with
appropriate burden relief, TRI intends to
propose two rulemakings to address
both short-term and longer-term
reporting requirement modifications
while maintaining the practical utility
of the TRI data. Specifically, OEI
intends to propose the TRI Reporting
Forms Modification rule to address
noncontroversial modifications to the
TRI reporting requirements (i.e., Form
R). At the same time, OEI intends to
continue parallel work on a second
rulemaking to examine more significant
reporting modifications with greater
potential impact on reporting burden.
The second rulemaking, the "Toxics
Release Inventory Reporting Burden
Reduction Rule," focuses on exploring
long-term reporting modifications.
OEI is assessing a-number of burden
reduction options for both rulemakings
within the criteria of what is
technically, practically and legally
feasible in order to meet the goals and
statutory obligations set forth for TRI
reporting. Although the primary goal of
both efforts is to reduce burden
associated with TRI reporting, these
rules will also maintain EPA's
commitment to providing valuable
information to the public.
In addition, EPA is committed to
providing electronic means to its
stakeholders to meet EPA's reporting
requirements, specifically through the
Central Data Exchange (CDX) system.
CDX is an integrated system that
provides electronic reporting services to
more than 30,000 users for 16 data flows
in six major EPA media programs, and
is on track to provide electronic
reporting services for all significant
environmental data collections over the
next two years. By enabling the
regulated community to utilize CDX as
a reporting tool, the TRI Program has
seen a 49% increase in the number of
reports submitted to EPA via the
Internet for TRI Reporting Year 2003
when compared to Reporting Year 2002.
To take advantage of CDX's paperless
reporting feature, TRI reporters must use
the EPA-provided TRI Made-Easy (TRI-
MS) Software. This upward trend
toward greater Internet reporting via
CDX is great news for the TRI program.
Money saved from processing more-
costly hard-copy paper submissions to
TRI can now be reinvested in helpful
tools and automated data quality checks
to assist facilities and in ways to
provide greater electronic means of
accessing TRI data.
CDX also promulgated a number of
new data flows, including the Office of
Water's Stormwater Electronic Notice of
Intent (an electronic permit
application), the Office of Solid Waste
and Emergency Response's Risk
Management Plan WebRC (electronic
updates of emergency contact
information), and the Office of
Prevention, Pesticides, and Toxic
Substances' Lead Request for
Certification (payment transactions
online).
CDX is EPA's point of presence on the
Environmental Exchange Network,
known as the "Node." Using COX, EPA
has worked with States to provide the
technical specifications and exchange
protocols for the Network. CDX
provides support services, including
node building, security and
authentication and help desk. OEI is
working with the major programs to
deploy their data flows as "node"
exchanges, using XML and web
services. These efforts are some
examples of EPA's commitment to the
collection and dissemination of the
highest quality of environmental
information.
Office of Prevention, Pesticides, and
Toxic Substances
EPA's Office of Prevention, Pesticides,
and Toxic Substances (OPPTS) plays an
important role in protecting public
health and the environment from
potential risk from pesticides and
chemicals. In addition to the daily
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activities related to our licensing
programs, OPPTS has identified several
regulatory priorities for the coming year,
Evidence suggests that environmental
exposure to man-made chemicals that
mimic hormones (endocrine disrupters)
may cause adverse health effects in
human and wildlife populations. The
Food Quality Protection Act directed
EPA to develop a chemical screening
program (the Endocrine Disrupter
Screening Program, EDSP), using
appropriate validated test systems and
other scientifically relevant information,
to determine whether certain substances
may have hormonal effects in humans.
OPPTS is implementing
recommendations from a scientific
advisory committee, which was
established to advise EPA on the EDSP,
by developing and validating test
systems for determining whether a
chemical may have effects similar to
those produced by naturally occurring
hormones. As part of this program EPA
is also designing a regulatory framework
for procedures and processes to use
when implementing the EDSP, and will
develop an initial list of chemicals for
which testing will be required. In early
2005, EPA anticipates publishing the
final chemical selection approach for
this initial list of chemicals, which was
proposed in December 2002 for public
comment.
In 2005, OPPTS will be revising its
pesticide emergency exemption
program, under which States and other
Federal agencies may obtain permission
to temporarily use a pesticide not in
accordance with registration
requirements under emergency
conditions. In response to State
concerns, EPA has already reduced the
review time for emergency exemptions
significantly. Other changes that EPA is
considering have the potential for
further streamlining the exemption
program and allowing more flexibility
in its applicability,
OPPTS will propose to update and
revise data requirements for the
registration of pesticide products in 40
CFR part 158, The regulations specify
the data required as the basis for the
Agency's pesticide risk assessment and
licensing decisions. Although the
Agency has kept pace with evolving
scientific understanding of pesticide
risks by requiring the submission of data
on a case-by-case basis, the 1984
regulations have not been updated to
reflect these data needs on a routine
basis. The first in a series of proposals
will address data requirements for
conventional chemical pesticides for
agricultural uses. Subsequent proposals
are planned for antimicrobial,
biochemical, microbial pesticides, and
plant-incorporated protectants.
In 2006, OPPTS will begin
implementing a program, mandated by
section 3(g) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA),
to review the registrations of all
pesticides at least once each 15 years.
The registration review program will
replace the tolerance reassessment
program (ending in 2006) and
reregistration program (ending in 2008)
currently underway. These two
programs are both one-time reviews that
evaluate and manage the risks posed by
existing pesticides. The Agency intends
to initiate registration review while it
completes tolerance reassessment and
reregistration. FIFRA 3(g) requires the
Agency to establish procedural
regulations for the registration review
program. Promulgation of a procedural
regulation is a very high priority for
OPP, in order to achieve a smooth
transition into the new registration
review program.
EPA anticipates it will develop a
policy or regulation concerning the use
of human research to support Agency
actions to protect public health and the
environment. In developing a future
policy or rule, EPA will consider the
public comments received in response
to the Advance Notice of Proposed
Rulemaking issued in May 2003, and
will also carefully consider advice from
the National Academy of Sciences
submitted to EPA in February 2004, The
policy or rule would establish rigorous
scientific and ethical standards that EPA
would apply in its analysis of various
types of research involving people
exposed to toxicants to identify or
quantify their effects. The Agency will
particularly focus on "third-party
intentional dosing human studies," but
recognizes that standards applicable to
these studies may also be applicable to
other types of studies, "Third-party
studies" refers to research not
conducted or supported by EPA or other
federal agencies, and therefore not
governed by the regulation for
"Protection of Human Subjects," widely
referred to as the "Common Rule" (40
CFR part 26),
The Agency launched the HPV
Initiative in April 1998 to collect or,
where necessary, develop basic
screening level hazard data necessary to
provide critical information about the
environmental fate and potential
hazards associated with high production
volume (HPV) chemicals. These
chemicals are defined as organic
chemicals manufactured (including
imported) at or above 1 million pounds
per year based on information submitted
under the 1990 Inventory Update Rule
established pursuant to the Toxic
Substances Control Act (TSCA), Data
collected and/or developed under the
HPV Initiative will provide critical basic
information about the environmental
fate and potential hazards associated
with these chemicals which, when
combined with information about
exposure and uses, will allow the
Agency and others to evaluate and
prioritize potential health and
environmental effects and take
appropriate follow up action. The HPV
Initiative includes a voluntary
component, the HPV Challenge
Program, and rulemaking under TSCA.
Under the voluntary HPV Challenge
Program component, EPA received
commitments from 401 companies
individually or through consortia and
the International Council of Chemical
Associations (ICCA) to sponsor 2,222 of
the estimated 2,800 HPV chemicals
included in the HPV Initiative. OPPTS
issued a status report for the HPV
Challenge Program on December 1,
2004, The report, "Status and Future
Directions of the HPV Challenge
. Program," showcases the extensive
voluntary participation by companies
that have agreed to provide data to EPA
on chemicals they manufacture or
import, and outlines a preliminary
strategy for how EPA will deal with
chemicals that are not yet sponsored.
More information about the report and
the HPV Chemical Program is available
at
http://www.epa.gov/chemrtk/
hpvstatr.htm,
In the spring of 2005, OPPTS expects
to issue a final rulemaking under TSCA
that will require testing for a number of
the HPV chemicals that were not
sponsored as part of the voluntary HPV
Challenge Program,
Childhood lead poisoning is an
ongoing problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood (Center for Disease Control's
level of concern). Although there have
been dramatic declines in blood-lead
levels due to reductions of lead in paint,
gasoline and various food sources,
remaining lead-based paint in older
houses continues to be a significant
source of childhood lead poisoning.
Section 402(c) of TSCA directs EPA to
address renovation and remodeling
activities in these older houses by first
conducting a study of the extent to
which persons engaged in various types
of renovation and remodeling activities
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are exposed to lead in the conduct of
such activities or disturb lead and create
a lead-based paint hazard on a regular
basis. Section 402 (c) further directs the
Agency to revise the lead-based paint
activities regulations (40 CFR part 745
Sub-part L) to include renovation or
remodeling activities that create lead-
based paint hazards. In order to
determine which contractors are
engaged in such activities the Agency is
directed to utilize the results of the
study and consult with the
representatives of labor organizations,
lead-based paint activities contractors,
persons engaged in remodeling and
renovation, experts in health effects,
and others. Given the significant
number of older houses affected, such a
rule is likely to have a potentially
significant economic impact. In an effort
to minimize that impact, the Agency has
worked with stakeholders to explore the
development of non-regulatory
approaches for reducing the potential
creation of lead-based paint hazards
from renovation or remodeling
activities. The Agency will be pilot
testing one such approach, the "Lead
Safety Partnership," beginning in the
fall of 2004. The Lead Safety
Partnership is a public/private initiative
to encourage contractors to use Lead
Safe Work Practices (LSWP) during
renovation, repair, and painting. LSWP
are a set of work methods that avoid
making and spreading lead-
contaminated dust. Such lead-based
paint program activities are intended to
insure that the individuals and firms
conducting lead-based paint activities
will do so in a way that safeguards the
environment and protects the health of
building occupants, especially children
under six years old.
In 2005, OPPT expects to assess the
status of the pending implementation in
the U.S. of the Rotterdam Convention on
Prior Informed Consent (PIC), which
includes export notification
requirements related to a comment
mentioned in OMB's 2002 Report to
Congress on the Costs and Benefits of
Regulations. (See OMB's compilation of
comments, summary no. 190, page 10,
commenter no. 12 available at
http://www.whitehouse.gov/omb/
inforeg/key comments.html.)
The Agency launched the HPV
Initiativein April 1998 to collect or,
where necessary, develop basic
screening level hazard data necessary to
provide critical information about the
environmental fate and potential
hazards associated with high production
volume (HPV) chemicals. These
chemicals are defined as organic
chemicals manufactured (including
imported) at or above 1 million pounds
per year based on information submitted
under the 1990 Inventory Update Rule
established pursuant to the Toxic
Substances Control Act (TSCA). Data
collected and/or developed under the
HPV Initiative will provide critical basic
information about the environmental
fate and potential hazards associated
with these chemicals which, when
combined with information about
exposure and uses, will allow the
Agency and others to evaluate and
prioritize potential health and
environmental effects and take
appropriate follow up action. The HPV
Initiative includes a voluntary
component, the HPV Challenge
Program, and rulemaking under TSCA.
Under the voluntary HPV Challenge
Program component, EPA received
commitments from 401 companies
individually or through consortia and
the International Council of Chemical
Associations (ICCA) to sponsor 2,222 of
the estimated 2,800 HPV chemicals
included in the HPV Initiative. OPPTS
anticipates issuing a status report for the
HPV Challenge Program in the fall of
2004. In the spring of 2005, OPPTS
expects to issue a final rulemaking
under TSCA that will require testing for
a number of the HPV chemicals that
were not sponsored as part of the
voluntary HPV Challenge Program,
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER) has a
number of regulatory priorities aimed at
improving environmental quality.
Protection of public health and the
environment and environmental
stewardship are two key themes, as is
reducing burden on the regulated
community where environmental
protections are maintained.
EPA will promote and protect air
quality by reducing emissions of
arsenic, beryllium, cadmium,
chromium, dioxins and furans,
hydrogen chloride, lead, manganese,
and mercury, all of which cause adverse
health effects, EPA plans to promulgate
national emission standards for these
hazardous air pollutants for hazardous
waste combustors. This rule will also
contain a final decision to the Cement
Kiln Recycling Coalition petition of the
Administrator to withdraw Agency
policy and technical guidance
concerning site-specific risk
assessments for hazardous waste
combustors and re-issue them as
regulations, if EPA continues to believe
that they are necessary. This rule also
supports a reform nomination for site-
specific risk assessments in the
Resource Conservation and Recovery
Act (RCRA) that was mentioned in
OMB's 2002 Report to Congress on the
Costs and Benefits of Regulations.
To promote environmental
stewardship, EPA is encouraging
recycling. One of the largest hazardous
waste streams amenable to recycling is
the wastewater treatment sludges from
electroplating operations (waste code
F006). EPA is considering changes to
the existing RCRA regulations to
encourage safe recycling and waste
management practices of wastewater
treatment sludges from electroplating
operations. These electroplating sludges
are sufficiently high in metal(s) and
sufficiently low in other toxic
constituents.
EPA also seeks to remove unnecessary
regulatory barriers to recycling of
Cathode Ray Tubes. These tubes, which
are found in televisions and computer
monitors, contain lead to protect users
from x-rays. To promote recycling, EPA
will seek to streamline RCRA
requirements for managing mercury-
containing equipment.
To reduce burden on the regulated
community, Agency efforts are
underway to eliminate duplicative and
non-essential paperwork burden
imposed by RCRA reporting and
recordkeeping requirements. This rule
will eliminate or streamline paperwork
requirements that are unnecessary
because they add little to the
protectiveness of the RCRA regulations.
This rule also supports a reform
nomination for burden reduction under
RCRA that was mentioned in OMB's
2002 Report to Congress on the Costs
and Benefits of Regulations.
EPA also 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. The current
federal regulations require that the
wastewater treatment sludges generated
from this conversion coating process be
managed as a RCRA hazardous waste.
Yet, such sludges do not contain the
constituents for which the F019
hazardous waste was originally listed
(cyanide and chromium).
EPA also plans to streamline both the
RCRA permit and hazardous waste
manifest processes. The Agency is
creating a standardized permit for RCRA
facilities that generate hazardous waste
and routinely manage the waste on-site
in tanks, containers, and containment
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72824 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
buildings. This standardized permit
process would allow facilities to obtain
and modify permits more easily while
maintaining the protectiveness currently
existing in the individual RCRA permit
process.
Likewise, the Agency plans to reduce
paperwork burden by standardizing the
Uniform Hazardous Waste Manifest,
which is a multi-copy form used to
identify the quantity, composition,
origin, routing, and destination of RCRA
hazardous waste during its
transportation. EPA plans to specify one
format for the manifests that may be
used in all states. EPA is working
toward standard requirements for
tracking rejected wastes, container
residues, and international shipments of
hazardous wastes.
Office of Water
EPA's Office of Water's primary goals
are to ensure that drinking water is safe,
restore and maintain oceans,
watersheds, and their aquatic
ecosystems to protect human health,
support economic and recreational
activities, and provide healthy habitat
for fish, plants, and wildlife. In order to
meet these goals, EPA has established a
number of regulatory priorities for the
coming year. They include rules
affecting cooling water intakes and
drinking water.
In November 2004, EPA issued a
proposed rule to control the adverse
environmental impacts associated with
cooling water intakes. Many power
plants and factories withdraw large
volumes of water from rivers, lakes, or
other water bodies to cool their
production equipment. As required by
the Clean Water Act (CWA), EPA must
ensure that the location, design,
construction and capacity of these
cooling water intake structures reflect
the best technology available for
minimizing adverse environmental
impact. EPA's rulemaking may 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. EPA will accept comments
on the proposed rule until March 24,
2005.
Finally, EPA is developing three rules
to protect the safety of drinking water.
First, EPA is developing a final Long
Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR). This rule
would reduce risks from microbial
pathogens, especially Cryptosporidium,
in public water systems that use surface
water sources. LT2ESWTR provisions
would target systems where current
standards do not provide sufficient
protection, including both filtered
systems with elevated source water
pathogen levels and unfiltered systems.
Second, EPA plans to finalize the
Ground Water Rule, a rule that
addresses fecal contamination in public
water systems served by ground water
sources. Finally, EPA is developing a
final Stage 2 Disinfectants and
Disinfection Byproducts Rule to control
exposure to disinfection byproducts
beyond the requirements of the Stage 1
Disinfectants and Disinfection
Byproducts Rule, This rule will respond
to new data the Agency has received on:
disinfection byproduct occurrence;
bladder, colon, and rectal cancer; and
possible reproductive and
developmental health effects.
EPA
PRERULE STAGE
115. ENDOCRINE DISRUPTOR
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 (EDSP) 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
EDSP 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. EPA has considered the
comments and will issue a Federal
Register notice setting forth its final
approach, EPA will issue an additional
Federal Register notice setting forth the
draft initial list of chemicals it proposes
for testing, This additional notice is
expected to be published to allow
sufficient time for review and comment
prior to actual Tier 1 assay testing.
Although this action is not a
rulemaking, the Agency has included
it in the Regulatory Agenda to help
inform the public.
Statement of Need:
The Endocrine Disruptor Screening
Program fulfills the statutory
requirement to screen pesticide
chemicals for their potential to disrupt
the endocrine system and adversely
affect human health.
Summary of Legal Basis:
The mandate to screen pesticide
chemicals for estrogenic effects that
may affect human health is section
408(p) of the Federal Food, Drug and
Cosmetic Act (FFDCA) (21 U.S.C.
346a(p)). Discretionary authority to test
contaminants in sources of drinking
water is in the Safe Drinking Water Act
as amended in 1996 (42 U.S.C. 300j-
17). General authority to require testing
of chemicals and pesticides is in TSCA
(15 U.S.C. 2603) and FIFRA (7 U.S.C.
136) respectively.
Alternatives:
A federal role is mandated under cited
authority. There is no alternative to the
role of the Federal government on this
issue to ensure that pesticides,
commercial chemicals and
contaminants are screened and tested
for endocrine disruption potential. A
limited amount of testing may be
conducted voluntarily but this will fall
far short of the systematic screening
which is necessary to protect public
health and the environment and ensure
the public that all important substances
have been adequately evaluated.
Anticipated Cost and Benefits:
None.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
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from exposure to chemicals operating
through an endocrine mediated
pathway. Preliminary studies show
decreases on IQ tests and increases in
aggression in children. Severe
malformations of the genitals of boys
has increased steadily over the last two
decades and fertility has decreased in
young males. Wildlife effects have been
more thoroughly documented.
Abnormalities in birds, marine
mammals, fish, amphibians, alligators,
and shellfish have been documented in
the U.S., Europe, Japan, Canada, and
Australia which have been linked to
specific chemical exposures. Evidence
is sufficient for the U.S. to proceed on
a two track strategy: research on the
basic science regarding endocrine
disruption and screening with validated
assays to identify which chemicals are
capable of interacting with the
endocrine system. The combination of
research and test data submitted in this
program will enable EPA to take action
to reduce risks,
Timetable:
Action
Date
FR Cite
Notice: Proposed
Approach
Notice: Final
Approach
12/30/02 67 FR 79611
04/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entitles Affected;
No
Government Levels Affected:
None
Additional Information:
SAN No. 4727, EDocket No. OPPT-
2004-0109; Split from RIN 2070-AD26.
URL For More Information:
http://www.epa.gov/scipoly/oscpendo/
prioritysetting/index.htm
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; belefeki.maiy@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
Email: timm.gary@epamail.epa.gov
RIN: 2070-AD59
EPA
116. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority:
Other Significant
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 tc 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
United States 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 has reported to OMB
that as of August 2004, the PIC
legislation is not yet in force. EPA
further informed OMB that in 2005, the
Agency will reassess the status of the
legislation and, if appropriate, will
initiate the rule'making process for
considering changes to the TSCA
section 12(b) regulation, within the
scope of existing statutory authority.
This could include holding public
meetings and/or issuing an ANPRM
that invites interested parties to
participate in developing amendments
to the current TSCA section 12(b)
regulations.
Statement of Need:
Industry has nominated the
implementing regulations for reform
consideration in the annual report on
the costs and benefits of regulations,
entitled "Stimulating Smarter
Regulation: 2002 Report to Congress on
the Costs and Benefits of Regulations
and Unfunded Mandates on State,
Local, and Tribal Entities," that is
prepared by the Office of Management
and Budget (OMB) and submitted to
Congress each year. (See OMB's
compilation of comments, summary no.
190, pg 10, commenter no. 12 available
at
http://www.whitehouse.gov/omb/
inforeg/key conunents.html,}
Summary of Legal Basis:
Section 12(b}(2) of the Toxic
Substances Control Act (TSCA).
Alternatives:
To be determined.
Anticipated Cost and Benefits:
Minimal, but yet to be determined,
Risks:
None.
Timetable:
Action
Date
FR Cite
Notice
08/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN 4858.
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72826 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
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
David Williams
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AJ01
EPA
117. LEAD-BASED PAINT ACTIVITIES;
VOLUNTARY PROGRAM FOR
RENOVATION AND REMODELING
Priority:
Other Significant
Legal Authority:
15 USC 2682 TSCA 4 402; PL 102-550
sec 402(c)(3)
CFR Citation:
40 CFR 745
Legal Deadline:
None
Abstract:
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
national 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 a
Notice or ANPRM to be published in
the winter of 2004, to introduce the
voluntary program, discuss its
component parts, and review how it
will be evaluated.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood, (Center for Disease
Control's level of concern). Although
there have been dramatic declines in
blood-lead levels due to reductions of
lead in paint, gasoline, and food
sources, remaining paint in older
houses continues to be a significant
source of childhood lead poisoning.
These rules will help insure that
individuals and firms conducting lead-
based paint activities will do so in a
way that safeguards the environment
and protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
TSCA section 402(c) directs EPA to
address renovation and remodeling
activities by first conducting a study of
the extent to which persons engaged in
various types of renovation and
remodeling activities are exposed to
lead in the conduct of such activities
or disturb lead and create a lead-based
paint hazard on a regular basis. Section
402(c) further directs the Agency to
revise the lead-based paint activities
regulations (40 CFR part 745 subpart
L) to include renovation or remodeling
activities that create lead-based paint
hazards. In order to determine which
contractors are engaged in such
activities the Agency is directed to
utilize the results of the study and
consult with the representatives of
labor organizations, lead-based paint
activities contractors, persons engaged
in remodeling and renovation, experts
in health effects, and others.
Alternatives:
TSCA section 402(c) states that should
the Administrator determine that any
category of contractors engaged in
renovation or remodeling does not
require certification; the Administrator
may publish an explanation of the basis
for that determination. This voluntary
program is one of the key alternatives
considered to developing a more
prescriptive regulatory program.
Anticipated Cost and Benefits:
EPA's quantitative cost estimates fall
into four categories: Training Costs,
Work Practice Costs, Clearance Testing
Costs, and Administrative Costs, The
estimates vary depending upon the
option selected. In most cases we
expect that requirements related to
Clearance Testing and Work Practices
will contribute the most to overall rule
cost. The benefits analysis will not
provide direct quantitative measures of
each (or any) option. EPA does not
have a complete risk assessment (with
dose-response functions) that would
permit direct quantitative estimates. We
do have other data, such as estimated
loadings of Pb generated by renovation
work, number and type of renovation
events, demographics of the exposed
population, and the costs of various
health effects previously linked to Pb
exposure. With the available
information we are able to utilize
several qualitative approaches to frame
the benefits associated with an effective
renovation rule,
Risks:
Like the rules under consideration, this
voluntary program is aimed at reducing
the prevalence and severity of lead
poisoning, particularly in children. The
Agency has concluded that many R&R
work activities can produce or release
large quantities of lead and may be
associated with elevated blood lead
levels. These activities include, but are
not limited to: sanding, cutting,
window replacement, and demolition,
Lead exposure of R&R workers appears
to be less of a problem than that of
building occupants (especially young
children). Some workers (and
homeowners) are occasionally exposed
to high levels of lead. Any work
activity that produces dust and debris
may create a lead exposure problem,
Timetable:
Action
Date FR Cite
Notice Announcing
1st Pilot
Notice Announcing
2nd Pilot
12/00/04
05/00/05
Regulatory Flexibility Analysis
Required:
Yes
Small Entitles Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 3557,1; Split from RIN 2070-
AC83,
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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: 202 566-0471
Email: simpson.julie@epamail.epa.gov
BIN: 2070-AJ03
EPA
PROPOSED RULE STAGE
118. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority:
Other Significant
Unfunded Mandates:
This action may affect State, local or
tribal governments and the private
sector.
Legal Authority:
42 USC 7410; 42 USC 7501 et seq
CFR Citation:
40CFR51
Legal Deadline:
None
Abstract:
In 1997, EPA promulgated revised
National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). The rule described in
this paragraph—the Implementation
Rule for PM-2.5 NAAQS—will include
requirements and guidance for State
and local air pollution agencies to
develop and submit State
implementation plans (SIPs) designed
to bring the areas into attainment with
the 1997 standards. These SIP-
development activities include
conducting technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5 levels,
and adopting regulations as needed in
order to attain the standards. Ambient
air quality monitoring for 1999-2001
shows that areas exceeding the
standards are located throughout the
eastern half of the United States 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.
Statement of Need:
This rule is needed in order to provide
guidance to State and local agencies in
preparing State Implementation Plans
(SIPs) designed to bring areas into
attainment with the 1997 PM-2,5
standards. The implementation
requirements for nonattainment areas
are generally described in subpart 1 of
section 172 of the Clean Air Act, This
rule provides further interpretation of
those requirements for the PM-2.5
standards.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq,
Alternatives:
Alternatives will be explored as the
proposal is developed.
Anticipated Cost and Benefits:
This information will be provided as
the proposal is developed.
Risks:
The risks addressed by this rule are
those addressed by the 1997 NAAQS
rule -— i.e., the health and
environmental risks associated with
nonattainment of the NAAQS. These
risks were summarized in detail in the
analyses accompanying the 1997
NAAQS rule.
Timetable:
Action
NPRM
Final Action
Date
11/00/04
06/00/05
FR Cite
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 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
Research Triangle Park, NC 27711
Phone: 919-541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
R1N: 2060-AK74
EPA
119. 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
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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
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,
Statement of Need:
The current New Source Review
program provides for emissions from
multiple projects to be aggregated
(aggregation) as one single project
under certain circumstances. Similarly,
when making a PSD applicability
calculation, emissions from units
whose effective capacity and potential
to emit have been increased as a result
of a modification to another unit
(debottlenecked units), must be
included in the initial PSD
applicability calculations. Specific
questions regarding the application of
these two terms have been addressed
on a case-by-case basis. By completing
this rulemaking, regulated entities and
regulatory agencies will be provided an
additional level of certainty in
addressing applicability issues. In
December 2002 we promulgated NSR
rules for a Plantwide Applicability
Limit (PAL) based on actual emissions
that applies to existing major stationary
sources. In 2005, we will propose an
allowables PAL based on a facility's
allowable emissions mainly for
greenfield sources. If a company
commits to keep its facility emissions
below Allowables PAL level, then these
regulations will allow the plant owners
to avoid the NSR permitting process
when they make changes at individual
units at the plant, as long as the total
emissions from the facility will not
increase. This would provide flexibility
for sources to respond rapidly to
market changes without compromising
environmental protection.
Summary of Legal Basis:
42 USC 7411(a)(4)
Alternatives:
Alternatives will be developed as the
rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate as the rulemaking proceeds,
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/05
10/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4793;
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
Raj Rao
Environmental Protection Agency
Air and Radiation
C339-03
Washington, DC 20460
Phone: 919-541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AL75
EPA
120. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority:
Other Significant
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 will propose
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 will reflect
current scientific knowledge and
understanding. These revisions would
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.
Coupled with revision of data
requirements, EPA will propose 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.
Statement of Need:
Since the data requirements were first
published in 1984, the information
needed to support the registration of a
pesticide has evolved along with the
expanding knowledge base of pesticide
chemical technology. Over the years,
updated data requirements have been
applied on a case-by-case basis to
support individual registration
applications or imposed by data call-
in on registrants of similar products,
The codified data requirements have
not been revised to keep pace with the
updated data requirements. EPA will
also propose to reformat the data
requirements and revise procedures and
policies for data submission. The
changes to be proposed are intended
to provide stakeholders with a more
transparent and improved clarity of the
potential data requirements, more
focused use patterns that reflect current
practice, and a more efficient
registration process.
Summary of Legal Basis:
The planned proposed rule is intended
to describe data and information
needed to support multiple pesticide
mandates under two statutes,
specifically the registration,
reregistration, registration review,
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan
72829
experimental use permit programs
under the Federal Insecticide,
Fungicide and Rodenticide Act
(FIFRA), and the tolerance-setting
program under the Federal Food, Drug
and Cosmetic Act (FFDCA). FIFRA
section 3(c) requires that applicants for
registration provide the Agency a full
description of tests made and the
results that support the registration of
a pesticide product, and requires the
Agency to issue guidelines specifying
the kinds of information needed to
support registration. FIFRA section 3(g)
requires the Agency to review every 15
years the registration of each pesticide,
and determine that it continues to meet
the registration standard. The data
requirements established for
registration will be the foundation of
the Agency's registration review. FIFRA
section 4 requires the Agency to
reregister pesticides that were
registered prior to 1984, and in so
doing, to provide data and summaries
of studies previously submitted to
support registration. FIFRA section 5
authorizes the Agency to issue
experimental use permits for which
data may be required. FFDCA section
408 authorizes EPA to establish
tolerances (or expemptions from
tolerance) for pesticide residues in
food, and prescribes generally the types
of data that are to be submitted to
support such tolerances.
Alternatives:
The Agency is required by its various
statutory mandates to establish data
requirements that support its regulatory
decisions. It is incumbent on the
Agency to reevaluate those data
requirements in light of scientific
advances,, analytical improvements, and
new technology, in order to provide a
sound scientific basis for those
decisions. Accordingly, EPA sees no
alternative to the overall need to update
and revise its data requirements
periodically. As it does so, however,
each individual data requirement is
evaluated against current scientific
standards, value and cost, and
undergoes an extensive review,
including external and public
participation, to assess the continued
need for the data. The Agency also
considers whether alternative
regulatory methods, such as restrictions
on use, would obviate the need for
data, and explores means of
introducing flexibility and clarity to
reduce burdens on the regulated
community.
Anticipated Cost and Benefits;
Although estimates may change before
the proposal is published, the following
estimates are based on the current draft
Economic Analysis. Using the currently
codified requirements as the baseline
for the impact analysis, the total annual
impact of the proposed revisions to the
pesticide industry is estimated to be
about $50 million. Of this estimated
total annual impact, about $29 million
per year represents new data
requirements that were imposed over
the years but were not specified in the
existing CFR. As they have been
applied to an increasing number of
registrations, these data requirements
have become more regularly required
and will be proposed for codification.
In addition, about $22 million
represents the cost of the proposed
modified or expanded existing data
requirements for certain tests and use
patterns, and about $2 million
represents the cost of proposed new
data requirements for data that have not
yet been routinely sought. The benefits
are difficult to quantify but were an
important part of the Agency
consideration in developing the
proposal. The following parties are
expected to benefit: consumers and the
general public; farmers and other
workers; registrants; animal welfare
concerns; scientific, environmental and
health communities; State and local
governments; EPA and other Federal
agencies; and governments outside the
United states.
Risks:
The revisions to the data requirements
to be proposed, like the existing
requirements in part 158, would require
an applicant for pesticide registration
to supply the Agency with information
on the pesticide: composition, toxicity,
potential human exposure,
environmental properties and
ecological effects, and efficacy in
certain cases. This information is used
to assess the human health and
environmental risks associated with the
product. The data that would be
required by this regulation in its
current form, and as expected to be
proposed, form the foundation of EPA's
risk assessment for pesticides, and
provide a sound scientific basis for any
licensing decisions that impose
requirements that mitigate or reduce
risks, and that ensure that pesticide
residues in food meet the "reasonable
certainty of no harm" risk standard of
the FFDCA.
Timetable:
Action
Date
FR Cite
NPRM
01/00/05
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
Fax: 703 305-5884
Email: frane,jean@epamail,epa.gov
RIN: 2070-AC12
EPA
121. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority:
Other Significant
Legal Authority:
7 USC 136p; 7 USC 136w
CFR Citation:
40 CFR 166
Legal Deadline:
None
Abstract:
EPA will publish a 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 Rodenticide
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72830 Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan
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 art emergency
exemption to allow an unregistered use
of a pesticide for a limited time when
such use is necessary to alleviate an
emergency condition. The proposed
revisions would streamline the
application and review process, thereby
reducing the burden to applicants and
EPA, while allowing for quicker
emergency response without
compromising existing protections for
human health and the environment.
Statement of Need:
In 1996, stakeholders, including States
and Federal agencies, identified a
number of issues related to improving
the emergency exemption process.
States and Federal agencies are the only
applicants for emergency exemptions.
Representatives of States have
recommended modifications to the
current process for application, review
and approval of emergency exemptions.
If adopted, the changes would reduce
unnecessary burden to both applicants
and EPA, and expedite decisions on
applications (which is critical in
emergency situations).
Summary of Legal Basis:
FIFRA section 18 authorizes EPA to
temporarily exempt States from the
requirements of registration to alleviate
an emergency condition.
Alternatives:
EPA has analyzed several measures for
streamlining or improving the
emergency exemption process, and has
received considerable comment, both
formally and informally, from
stakeholders, including specific
recommendations from a group
representing States' interests. Since the
modifications would generally
constitute regulatory relief, and are not
expected to cause any adverse
economic impact, options with varying
cost do not apply.
Anticipated Cost and Benefits:
EPA has assessed the potential
economic impacts of the proposed
improvements and found that they
would reduce burdens and costs to
States and Federal agencies that apply
for emergency exemptions, as well as
reduced burden to EPA. The Agency
estimates an annual cost reduction of
$820,000 for applicants and $120,000
for EPA, for a total of $940,000. Indirect
benefits may accrue to users of
pesticides under emergency exemptions
if changes result in faster review and
approval, or greater availability of
pesticides.
Risks:
In general, the measures being
considered are primarily intended to
reduce burdens for States and EPA and
achieve efficiencies in the program. No
impact on risk is anticipated.
Timetable:
Action
Notice: Limited Pilot
NPRM
NPRM Comment
Period End
Final Action
Date
04/24/03
09/03/04
11/02/04
03/00/06
FR Cite
68 FR 20145
69 FR 53866
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4216, EDocket No. QPP-2004-
0038;
Sectors Affected;
9241 Administration of Environmental
Quality Programs
Agency Contact:
Joe Hague
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
Fax: 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD36
EPA
122. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Priority:
Other Significant
Legal Authority:
5 USC 301; 7 USC 136a; 7 USC 136w;
15 USC 2603; 21 USC 346a; 42 USC
300v-l(b); 42 USC 7601; 33 USC 1361;
42 USC 9615; 42 USC 11048; 42 USC
6912; 42 USC 300J-9
CFR Citation:
40 CFR 26 (Revision)
Legal Deadline:
None
Abstract:
EPA is evaluating its current policy
with respect to the protection of human
research subjects in testing. 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 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 and public
comment on an ANPRM. EPA will seek
public comment on issues related to
Agency use of human research data in
its regulatory decisionmaking. EPA
believes the process being initiated will
serve two important Agency goals:
ensuring the availability of sound and
appropriate scientific data in its
decisions, and protection of the
interests, rights and safety of human
research subjects. EPA may issue one
or more documents, which may include
policy statements, rulemaking or
requests for public comment.
Statement of Need:
In July 1998, the Agency stated that it
had not used any human study data
for final decisions under the FQPA,
The Agency subsequently convened a
special joint subcommittee of the
FIFRA Scientific Advisory Panel and
the EPA Science Advisory Board to
advise on this policy. The
subcommittee completed its report in
September 2000 without reaching
consensus on many issues. In December
2001 the Agency sought the advice of
the National Academy of Sciences on
remaining scientific and ethical issues.
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan 72831
At the same time, the Agency clarified
its interim policy, committing, subject
to certain exceptions, not to consider
or rely on any third party studies
involving intentional dosing of human
subjects with toxicants for the purpose
of defining or quantifying their effects
until a final policy is in place, and
clarifying that this interim policy
applies across all Agency programs. In
May 2003 the Agency published an
Advance Notice of Proposed
Rulemaking on the subject of the
acceptability of human studies, posing
an array of questions in response to
which many comments and suggestions
were received. The ANPRM also
restated the Agency's intention to issue
proposed rules for comment. In June
2003, the U.S. Court of Appeals vacated
the December 2001 interim policy on
the ground that it constituted an
improperly promulgated "rule." The
court further stated that as a
consequence the Agency's "previous
practice of considering third party
human studies on a case-by-case basis,
applying statutory requirements, the
Common Rule, and high ethical
standards as a guide," was reinstated
"until it is replaced by a lawfully
promulgated regulation," In February
2004, the NAS released their report,
making many recommendations now
under review by the Agency. Some of
the Academy's recommendations could
only be implemented through
rulemaking.
Summary of Legal Basis:
Rulemaking concerning human studies
is authorized under a variety of
provision of the different
environmental statutes EPA
administers. With respect to pesticides,
the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136), a
licensing statute, requires applicants for
registration to provide a "full
description of tests made and the
results thereof and further authorizes
EPA to call in data to maintain a
registration under F1FRA sec. 3(c)(2)(B),
FIFRA sec, 25(a) provides general
rulemaking authority to implement
these data requirements, and also to
interpret FIFRA sec. 12(a)(2)(P), which
makes it unlawful to conduct tests
using human subjects unless the
subjects volunteer for such tests and are
fully informed. Section 408(e) of the
Federal Food, Drug and Cosmetic Act
(21 U.S.C, 348) authorizes the
Administrator to issue regulations
establishing general procedures and
requirements. The Clean Air Act (42
U.S.C, 7601 (a)) gives EPA general
rulemaking authority. The Clean Water
Act (33 U.S.C. 1361) authorizes the
Administrator to promulgate
regulations. The Comprehensive
Environmental Response,
Compensation, and Liability Act (42.
U.S.C. 9615) authorizes the President to
establish regulations to implement the
statute, this authorizes being delegated
to the Administrator under Executive
Order 12580, The Emergency Planning
and Community Right-to-Know Act (42.
U.S.C, 11048) contains a general
rulemaking authority. The Resource
Conservation and,Recovery Act (42
U.S.C, 6912) specifically authorizes the
Administrator to prescribe regulations
to carry out the functions under the
Act. The Safe Drinking Water Act (42
U.S.C. 300J-9) authorizes the
Administrator to prescribe regulations
that are necessary and appropriate to
carry out EPA's functions under the
Act. In addition, EPA has broad
authority under 5 U.S.C, 301 and 42
U.S.C. 300v-l(b).
Alternatives:
Still to be identified,
Anticipated Cost and Benefits:
No analysis has been performed yet.
Risks:
No analysis has been performed yet,
Timetable:
Action
Date
FR Cite
ANPRM
Notice
05/07/03 68 FR 24410
01/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4610, EDocket No. OPP-2003-
0132;
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: 703-308^776
Email; jordan.william@epamail.epa.gov
John Carley
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7501C
Washington
Phone: 703-305-7019
Fax: 703-305-5060
Email: carley.john6epamail.epa.gov
BIN: 2070-AD57
EPA
123. 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-1990s,
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.
-------
72832 Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan
EPA is currently evaluating several
options that would provide regulatory
relief to generators and handlers of
F006, All options would reduce
regulatory costs to generators and
handlers relative to the current RCRA
subtitle C regulatory program.
Statement of Need:
F006 represents one of the largest
hazardous waste streams amenable to
recycling. Currently, there is no
differentiation in regulatory
requirements between the land disposal
and recycling of F006 electroplating
sludges. This effort seeks to evaluate
different regulatory options that would
eliminate existing disincentives to the
safe recycling of F006 with the ultimate
objective of possibly proposing changes
to the existing regulatory framework.
Potential benefits to be achieved
include increasing the economic
competitiveness of small businesses,
increasing the waste minimization and
recycling of F006, and increasing
natural resource conservation by
reducing emissions from landfills and
surface waters.
Summary of Legal Basis:
RCRA sections 2002, 3001-3004, 42
U.S.C. 6912, 6921-6924. No aspect of
this action is required by statute or
court order.
Alternatives:
Regulatory options being examined
would affect generators and possibly
other handlers of F006, i.e.,
consolidators, commercial hazardous
waste recyclers and mineral processing
facilities. EPA is also considering
various options for the minimum
amount of recoverable metals contained
in F006 electroplating sludges.
Anticipated Cost and Benefits:
This rule is designed to provide
regulatory relief to generators and
possibly other handlers of F006.
Potential benefits to be achieved
include increasing the economic
competitiveness of small businesses,
increasing the waste minimization and
recycling of F008 and increasing
natural resource conservation by
reducing emissions from landfills and
surface waters,
Risks:
Options being evaluated would ensure
that the risks posed from recycling
F006 would not increase. These include
risks from storage and management of
the materials throughout the recycling
process, as well risks from any non-
recyclable constituents included in the
F006.
Timetable:
Action
Date
FR Cite
NPRM
09/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
SAN No. 4651
Agency Contact:
Jim OLeary
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703-308-8827
Fax: 703 308-0514
Email: oleaiy.jim@epamaiLepa.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
EPA
124. REGULATORY AMENDMENTS TO
THE F019 HAZARDOUS WASTE
LISTING TO EXCLUDE WASTEWATER
TREATMENT SLUDGES FROM
CHEMICAL CONVERSION COATING
PROCESS (ZINC PHOSPHATING) OF
AUTOMOBILE BODIES OF ALUMINUM
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 1006 et seq
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.
Statement of Need:
This action when finalized will reduce
the burden on the automobile industry
from treating sludges from the process
of zinc phosphating of aluminum as
hazardous wastes. The applicable listed
hazardous waste (F019) was listed as
such because it contains cyanide and
chromium. The sludges from the zinc
phosphating of aluminum do not
contain any of these constituents.
Timetable:
Action Date FR Cite
NPRM
11/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 4834;
Agency Contact:
James Michael
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703-308-B610
Fax: 703 308-0514
Email: mlchael,james@epamail,epa,gov
Gail 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
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan 72833
EPA
125. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority:
Other Significant
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
Toxics Release Inventory (TRI)
reporting while at the same time
continuing to provide valuable
information to the public consistent
with the goals and statutory
requirements of the TRI program,
Statement of Need:
EPA is looking to explore various
options with the intention of
identifying a specific burden reduction
initiative that effectively lessens the
burden on facilities but at the same
time ensures that TRI continues to
provide communities with the same
high level of significant chemical
release and other waste management
information.
Summary of Legal Basis:
Section 313 of the Emergency Planning
and Community Right-to-Know Act
(EPCRA) of 1986 and section 6607 of
the Pollution Prevention Act (PPA) of
1990,
Alternatives:
Still under analysis.
Anticipated Cost and Benefits:
Still under analysis.
Risks:
Not applicable,
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/05
02/00/07
Regulatory Flexibility Analysis
Required;
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4896;
URL For More Information:
www.epa.gov/tri
Agency Contact:
Cassandra Vail
Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202-566-0753
Fax; 202 566-0741
Email: vail.cassandra@epa.gov
Kevin Donovan
Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
R1N: 2025-AA14
EPA
FINAL RULE STAGE
126. 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. The
supplemental proposal was published
on May 5, 2004.
Statement of Need:
This action is needed in response to
the May 2002 ruling of the U.S. Court
of Appeals for the D.C. Circuit
(American Corn Growers et al. V, EPA,,
291 F.3d 1) vacating the Best Available
Retrofit Technology (BART) provisions
of the regional haze rule. The Clean Air
Act requires that States to include
BART in their visibility State
Implementation Plans (SIPs). The Clean
Air Act also 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.
Summary of Legal Basis:
Clean Air Act section 169A requires
States to include BART in their
visibility SIPs. Clean Air Act section
110(a)(2)(D) (42 USC 7410(a)(2)(D)J
requires that each state's
implementation plan include the "good
neighbor" provisions of prohibiting
sources in the State from emitting air
pollutants in amounts that contribute
significantly to nonattainment in a
downwind state, or interfere with
measures to protect visibility in a Class
I areas. Section 110(a)(l) (42 USC
7410(a)(l)) requires States to submit
implementation plans within a
specified period of time after the
promulgation of a new or revised
national ambient air quality standard.
In addition, EPA has authority under
section 110(k)(5) (42 USC 7410(k)(5)) to
require States to revise existing
implementation plans whenever EPA
finds that those plans are inadequate
to comply with any requirement.
Further, section 301(a)(l) (42 USC
7601(a)(l)) confers general authority
upon the EPA Administrator. These
provisions of the Clean Air Act confer
authority on EPA to promulgate the
present regulations.
Alternatives:
This entry comprises the action the
Agency plans to take to implement the
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72834 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
BART provisions of the Clean Air Act,
The major alternatives facing the
Agency include: (1) How to structure
the process for exempting individual
emission sources from BART that is
mandated by the court ruling, and (2)
whether to include prescriptive control
levels for visibility-impairing pollution
from large electric generating units, and
what control levels to prescribe.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis (RIA) for the proposed BART
rule. Updated cost and benefit
calculations will be made as
development of the RIA proceeds for
the final rulemaking.
Risks:
The risks addressed are the health and
welfare impacts resulting from
emissions that interfere with measures
to protect visibility in Class I areas.
These effects were outlined in detail in
the Regulatory Impact Analysis for the
proposed BART rulemaking,
Timetable:
Action Date
FR ate
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
Federalism;
Undetermined
Additional Information:
SAN No. 4450;
Agency Contact:
Kathy Kaufman
Environmental Protection Agency
Air and Radiation
C504-02
Washington, DC 20460
Phone; 919-541-0102
Fax: 919 541-5489
Email: kaufman.kathy@epamail.epa.gov
Todd Hawes
Environmental Protection Agency
Air and Radiation
C504-02
Washington, DC 20460
Phone: 919-541-5591
Fax: 919 541-5489
Email: hawes.todd@epaniail.epa.gov
RIN: 2060-AJ31
EPA
127, CLEAN AIR MERCURY RULE-
ELECTRIC UTILITY STEAM
GENERATING UNITS
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; 42 USC 7411
CFR Citation:
40 CFR 63; 40 CFR 60
Legal Deadline:
NPRM, Judicial, December 15, 2003,
Final, Judicial, March 15, 2005.
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.
Statement of Need:
Oil and coal-fired electric utility steam
generating units were added (December
20, 2000) to the list of source categories
to be regulated under section 112 of
the Clean Air Act, as amended. On
January 30, 2004, EPA proposed to
remove oil- and coal-fired electric
utility steam generating units from the
list so that they could be regulated
under section 111 of the Clean Air Act,
Summary of Legal Basis:
Sections 111 and 112 of the Clean Air
Act, as amended.
Alternatives:
Alternative approaches to regulating
electric utility steam generating units
were proposed on January 30, 2004.
Anticipated Cost and Benefits:
It is anticipated that this rule will
result in significant costs to the affected
industry, including Federal, State, and
local entities that own/operate electric
utility steam generating units. These
costs will be identified as the final rule
is developed.
Risks:
Risk information will become available
as the final rule is developed.
Date
FR Cite
Timetable:
Action
NPRM 01/30/04 69 FR 4754
Supplemental NPRM 03/16/04 69 FR 12298
Notice of Reopening 05/05/04 69 FR 25052
Comment Period
NODA 11/00/04
Final Action 03/15/05
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4571, EDocket No. OAR-2002-
0056;
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
URL For More Information:
www.epa.gov/ttn/atw/utility/
utiltoxpg.html
Agency Contact:
Robert Wayland
Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park, NC 27711
Phone: 919-541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Bill Maxwell
Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park, NC 27711
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AJ65
EPA
128. CLEAN AIR OZONE
IMPLEMENTATION RULE (PART 1
AND PART 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 to 7511f; 42 USC 7601(a)(l)
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72835
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 6-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.
Statement of Need:
This action is needed in response to
the U.S. Supreme Court's ruling in
February 2001 (Whitman v. American
Trucking Assoc., 121 S,Ct.903) that
stated that EPA has the authority to
implement a revised ozone NAAQS but
that EPA could not ignore the
provisions of subpart 2 when
implementing the 8-hour NAAQS. The
Supreme Court identified several
portions of subpart 2 that are ill-fitted
to the revised NAAQS but left it to EPA
to develop a reasonable implementation
approach. Consequently, EPA is
developing a rule to implement the 8-
hour ozone NAAQS under the
provisions of subpart 2 of the CAA.
Summary of Legal Basis;
Title I of the Clean Air Act
Alternatives:
This entry comprises the action the
Agency plans to take to implement the
8-hour ozone NAAQS. The major
alternatives facing the Agency is
whether the 8-hour O3 NAAQS should
be implemented under the less
prescriptive part of the Clean Air Act
(title I, part D, subpart 1) or the more
prescriptive part of the Act (subpart 2).
Another major set of alternatives
concern the kind of transition EPA
should make from implementation of
the current 1-hour ozone standard to
the new 8-hr ozone standard.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis for the final ozone NAAQS,
and has prepared a cost analysis for
the proposed implementation rule. The
benefits of the rule are those associated
with attainment of the ozone NAAQS
including significant improvements in
premature mortality, chronic asthma,
chronic and acute bronchitis, upper
and lower respiratory symptoms, work
days lost, decreased worker
productivity, visibility in urban and
suburban areas, and increases in yields
of commercial forests currently exposed
to elevated ozone levels.
Risks:
The risks addressed by this action are
the likelihood of experiencing
increased health and environmental
effects associated with nonattainment
of the National Ambient Air Quality
Standard for ozone. These effects are
briefly described above in the "costs
and benefits" section, and they were
outlined in detail in the Regulatory
Impact Analysis for the ozone NAAQS
rulemaking. The results are
summarized in the Federal Register
notice for that rulemaking (62 FR
38856, July 18, 1997).
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)11/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entitles Affected:
No
Government Levels Affected:
Local, State, Tribal
Additional Information:
SAN No. 4625;
Agency Contact:
John Silvasi
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email; silvasi.john8epamail.epa.gov
Denise Gerth
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 20460
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
RIN: 2Q6Q-AJ99
EPA
129. * NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR)
Priority:
Other Significant
Legal Authority:
42 USC 7401 et seq
CFR Citation;
40 CFR 51, app S
Legal Deadline;
None
Abstract:
This final action will promulgate
changes to regulations that govern NSR
permitting of major stationary sources
in nonattainment areas where there is
no approved SIP. Appendix S of 40
CFR part 51 contains the permitting
program for major stationary sources in
nonattainment areas in transition
periods before approval of a SIP to
implement part D of title I, This final
action will revise appendix S to
conform it to the changes made to
regulations at 40 CFR 51.165 for SIP
programs for nonattainment major NSR.
(67 FR 80816; December 31, 2002)
Statement of Need:
In August 1992, EPA voluntarily
initiated a comprehensive effort to
reform the NSR process. This effort was
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72836 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
initiated to examine complaints from
the regulated community that the
current regulatory scheme is too
complex, needlessly delays projects,
and unduly restricts source flexibility.
Currently there are no applicable
statutory or judicial deadlines for the
NSR reform rulemaking effort. The goal
of this effort is to address industry's
concerns without sacrificing the
environmental benefits embodied in the
present approach; that is, protecting
and improving local air quality, and
stimulating pollution prevention and
advances in control technologies. In
July 1993, the NSR Reform
Subcommittee of the CAA Advisory
Committee was formed. The
Subcommittee's purpose is to provide
independent advice and counsel to EPA
on policy and technical issues
associated with reforming the NSR
rules. The Subcommittee was
composed of representatives from
industry, State/local air pollution
control agencies, environmental
organizations, EPA headquarters and
regions, and other Federal agencies
(National Park Service and Forest
Service, Department of Energy, and the
Office of Management and Budget).
Summary of Legal Basis:
Clean Air Act sections 165 and 173.
Alternatives:
The Subcommittee discussed numerous
options for implementing NSR reform.
However, EPA's primary focus has been
to consider the specific
recommendations developed by the
Subcommittee and, where appropriate,
use them in this rulemaking effort. In
January 1996, EPA, as part of another
regulatory streamlining measure,
merged portions of a separate
rulemaking to implement the 1990 CAA
Amendments with the Reform effort.
The combined package was proposed
in the Federal Register on July 23,
1996. On July 24,1998, EPA issued
another Federal Register Notice seeking
comment on two applicability
provisions. On February 2-3, 1999, EPA
convened a public meeting to listen to
new stakeholder proposals for
streamlining NSR applicability and
control technology requirements.
Stakeholder groups submitted written
proposals during May and June 1999.
Anticipated Cost and Benefits:
From a cost perspective, the proposed
rulemaking represents a decrease in
applications and recordkeeping costs to
industry of at least $13 million per
year, as compared to the preexisting
program, based primarily on the fact
that fewer sources will need to apply
for major source permits. In addition,
the- cost to State and local agencies will
be reduced by approximately $1.4
million per year. The Federal
Government should realize a savings of
approximately $116,000 per year.
Additional cost reductions, which are
difficult to quantify, will be realized
due to the streamlining effect of the
rulemaking on the permitting process,
for example, the opportunity costs for
shorter time periods between permit
application and project completion and
reduced uncertainty in planning for
future source growth.
Risks:
This is a procedural rule applicable to
a wide variety of source categories.
Moreover, it applies to criteria
pollutants for which NAAQS have been
established. This action is considered
environmentally neutral. However, any
potential risks are considered in the
NAAQS rulemaking from a national
perspective.
Timetable:
Action
Final Action
Date
11/00/04
FR Cite
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal, Local, State
Additional Information:
SAN No. 3259.2; Split from RIN 2060-
AEll. See also SAN 4390
Agency Contact:
Janet McDonald
Environmental Protection Agency
Air and Radiation
C339-03
Washington, DC 20460
Phone: 919-541-1450
Fax: 919 541-5509
Email: mcxlonald.janet@epamaiLepa.gov
Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
C339-03
Research Triangle Park, NC 27711
Phone: 919-541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM59
EPA
130. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority:
Other Significant
Legal Authority:
15 USC 2603; 15 USC 2611 to 2612;
15 USC 2625 to 2626
CFR Citation:
40 CFR 790 to 799
Legal Deadline:
None
Abstract:
EPA is proposing test rules under
section 4(a) of the Toxic Substances
Control Act (TSCA) to 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) that have
not been sponsored under the voluntary
HPV Challenge Program. Although
varied based on specific data needs for
the particular chemical, the data
generally collected under these rules
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 of chemicals
included in the first final rule may be
reduced based on new information on
annual production volumes, worker
exposure, and commitments to the
voluntary HPV Challenge Program.
Subsequent test rules will require
similar screening level testing for other
unsponsored HPV Challenge Program
chemicals.
Statement of Need:
EPA has found that, of those non-
polymeric organic substances produced
or imported in amounts equal to or
greater than 1 million pounds per year
based on 1990 reporting for EPA's
Inventory Update Rule (IUR), only 7
percent have a full set of publicly
available internationally recognized
basic health and environmental
fate/effects screening test data. Of the
over 2,800 HPV chemicals based on
1990 data, 43 percent have no publicly
available basic hazard data. For the
remaining chemicals, limited amounts
of the data are available. This lack of
available hazard data compromises
EPA's and others' ability to determine
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72837
whether these HPV chemicals pose
potential risks to human health or the
environment, as well as the public's
right to know about the hazards of
chemicals that are found in their
environment, their homes, their
workplaces, and the products that they
buy. It is EPA's intent to close this
knowledge gap. EPA believes that for
most of the HPV chemicals, insufficient
data are readily available to reasonably
determine or predict the effects on
health or the environment from the
manufacture (including importation),
distribution in commerce, processing,
use, or disposal of the chemicals, or
any combination of these activities.
EPA has concluded that a program to
collect and, where needed, develop
basic screening level toxicity data is
necessary and appropriate to provide
information in order to assess the
potential hazards/risks that may be
posed by exposure to HPV chemicals.
On April 21, 1998, a national initiative,
known as the Chemical Right-To-Know
Initiative, was announced in order to
empower citizens with knowledge
about the most widespread chemicals
in commerce—chemicals that people
may be exposed to in the places where
they live, work, study, and play. A
primary component of EPA's Chemical
Right-To-Know (ChemRTK) initiative is
the voluntary HPV Challenge Program,
which was created in cooperation with
industry, environmental groups, and
other interested parties, and is designed
to assemble basic screening level test
data on the potential hazards of HPV
chemicals while avoiding unnecessary
or duplieative testing. Data needs
which remain unmet in the voluntary
HPV Challenge Program may be
addressed through the international
efforts or rulemaking.
Summary of Legal Basis:
These test rules will be issued under
section 4(a)(l)(B) of TSCA. Section
2(b)(l) of TSCA states that it is the
policy of the United States that
"adequate data should be developed
with respect to the effect of chemical
substances and mixtures on health and
the environment and that the
development of such data should be the
responsibility of those who
manufacture (which is defined by
statute to include import) and those
who process such chemical substances
and mixtures(.)" To implement this
policy, TSCA section 4(a) mandates
that EPA require by rule that
manufacturers and processors of
chemical substances and mixtures
conduct testing if the Administrator
finds that: (l)(A)(i) the manufacture,
distribution in commerce, processing,
use, or disposal of a chemical substance
or mixture, or that any combination of
such activities, may present an
unreasonable risk of injury to health or
the environment, (ii) there are
insufficient data and experience upon
which the effects of such manufacture,
distribution in commerce, processing,
use, or disposal of such substance or
mixture or of any combination of such
activities on health or the environment
can reasonably be determined or
predicted, and (iii) testing of such
substance or mixture with respect to
such effects is necessary to develop
such data; or (B)(i) a chemical
substance or mixture is or will be
produced in substantial quantities, and
(1) it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or (II) there is or
may be significant or substantial human
exposure to such substance or mixture,
(ii) there are insufficient data and
experience upon which the effects of
the manufacture, distribution in
commerce, processing, use, or disposal
of such substance or mixture or of any
combination of such activities on
health or the environment can
reasonably be determined or predicted,
and (iii) testing of such substance or
mixture with respect to such effects is
necesssary to develop such data.
Alternatives:
The strategy and overall approach that
EPA is using to address data collection
needs for U.S. HPV chemicals includes
a voluntary component (the HPV
Challenge Program), certain
international efforts, and these
mlemakings under TSCA. The issuance
of a rulemaking is often the Agency's
final mechanism for obtaining this
important information.
Anticipated Cost and Benefits:
The potential benefits of these test rules
are substantial, as no one—whether in
industry, government, or the public-
can make reasoned risk management
decisions in the absence of reliable
health and environmental information.
The cost of the baseline screening
testing that would be imposed is
estimated to be about $200,000 per
chemical for a full set of tests. It is
unlikely, however, for a chemical to
need a full set of tests, which would
only occur if none of the data in
question already exists.
Risks:
Data collected and/or developed under
these test rules, when combined with
information about exposure and uses,
will allow the Agency and others to
evaluate and prioritize potential health
and environmental effects and take
appropriate follow up action.
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
Government Levels Affected:
Federal
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
URL For More Information:
www.epa.gov/opptintr/chemtest/
sect4rule.htm
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.catherine6epamail.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
EPA
131. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
(PHASE I FINAL REPLACEMENT
STANDARDS AND PHASE II)
Priority:
Other Significant
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72838 Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan
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 14, 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 raled 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 14, 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 II Sources because
the standards were originally scheduled
to be promulgated after Phase I source
standards were finalized; however, a
separate consent decree now requires
us to finish developing emission
standards for the Phase II sources by
the same date as those for Phase I (June
14, 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.
Statement of Need:
Section 112 of the Clean Air Act
requires that the EPA promulgate
regulations requiring the control of
hazardous air pollutants from major
and certain area sources. The control
of hazardous air pollutants is achieved
through promulgation of emission
standards under sections 112(d) and (f)
and, in appropriate circumstances,
work practice standards under section
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.
Summary of Legal Basis:
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 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 14, 2005, EPA is
working towards promulgation by this
date. EPA is also developing emission
standards for hazardous waste burning
industrial, institutional, commercial
boilers, process heaters, and
hydrochloric acid production furnaces.
These sources are referred to as Phase
II Sources because the standards were
originally scheduled to be promulgated
after Phase I source standards were
finalized; however, a separate consent
decree now requires us to finish
developing emission standards for the
Phase II sources by the same date as
those for Phase I (June 14, 2005).
Alternatives:
EPA has developed several options for
calculating the emission standards and
has included these options in the April
20, 2004 proposal.
Anticipated Cost and Benefits:
Estimated costs and benefits for the
proposed standards are summarized in
the April 20, 2004 proposal.
Risks:
For the 1999 rule, we estimated the
avoided incidence of mortality and
morbidity associated with reductions in
particulate matter fPM) emissions.
Estimates of cases of mortality and
morbidity avoided were made for
children and the elderly, as well as the
general population, using
concentration-response functions
derived from human epidemiological
studies. Morbidity effects included
respiratory and cardiovascular illnesses
requiring hospitalization, as well as
other illnesses not requiring
hospitalization, such as acute and
chronic bronchitis and acute upper and
lower respiratory symptoms. For this
rule, we are comparing characteristics
of the sources covered by the 1999 rule
to the sources covered by the
replacement rule that are related to
risk. These characteristics include
emissions, stack characteristics,
meteorology, and population. Based on
the results of the statistical
comparisons, we will infer whether the
risks will be about the same, less than,
or greater than the 1999 rule, Risk
inferences for boilers and HC1
production furnaces will be based on
comparisons with incinerators for the
1999 rule. The risk estimates for the
proposed standards are summarized in
the April 20, 2004 proposal.
Timetable:
Action
Date FR Cite
NPRM-CK
Final-Fasttrack
Final-CK
NODA
DF 1
NPRM-Phase1
Parallel Proposal
Direct Final Action
Final Compliance
Exten,
Interim Final Action
Final HAP
NPRM-Phases 1&2
Final Action
04/19/96
06/19/98
09/30/99
07/27/00
07/03/01
07/03/01
07/03/01
10/15/01
12/06/01
02/13/02
02/14/02
04/20/04
08/00/05
61 FR 17358
63 FR 33782
64 FR 52828
65 FR 39581
66 FR 35087
66 FR 35126
66 FR 35124
66 FR 52361
66 FR 63313
67 FR 6792
67 FR 6968
69 FR 21 197
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Tribal
Additional Information:
SAN No, 3333, EDocket No. OAR-2004-
0022; 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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72839
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
URL For More Information:
www.epa.gov/hwcmact/
Agency Contact:
Michael Galbraith
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703-605-0567
Fax: 703 308-8433
Email: galbraith,michael@epamail,epa.gov
Frank Behan
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703-308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AE01
EPA
132. HAZARDOUS WASTE MANIFEST
REGULATION
Priority:
Other Significant
Legal Authority:
42 USC 6922 RCRA 3002; 42 USC 6923
RCRA 3003; 42 USC 6924 RCRA 3004;
42 USC 6926 RCRA 3006; PL 105-277;
Government Paperwork Elimination Act
17
CFR Citation:
40 CFR 260; 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271
Legal Deadline:
None
Abstract:
The Uniform Hazardous Waste Manifest
(Form 8700-22) is a multi-copy form
used to identify the quantity,
composition, origin, routing, and
destination of hazardous waste during
its transportation. Waste handlers (e.g.,
generators and transporters) are
required to use the manifest, and States
may not require a different manifest in
its place. However, the manifest has
State blocks which allow States, at their
option, to require the entry of
additional specific information to serve
their State's regulatory needs. Under
the current regulations more than 20
states print the manifest form in
accordance with the format specified in
Federal regulations. However, the
variability among State manifest
programs associated with State optional
blocks, different copy distribution
schemes, and the manifest hierarchical
acquisition scheme has drawn
complaints from the regulated
community. Variability among States'
manifest programs and the manifest
system's current reliance on paper
result in significant paperwork and cost
burden to waste handlers and States
who choose to collect manifest
information. The Agency intends to
standardize further the manifest form
elements, and to specify one format for
the manifests that may be used in all
States, In addition, the Agency intends
to announce standard requirements for
tracking rejected wastes, container
residues, and international shipments
of hazardous wastes. Finally, the
Agency intends to pursue an optional
approach that would use information
technologies to conduct the manifest
process electronically, thereby reducing
paperwork burden, and improving the
speed and accuracy of preparing,
transmitting, and recordkeeping the
manifest form. However, the Agency
will bifurcate the manifest rule so that
the form revisions may be expedited,
while additional analysis on the e-
manifest continues.
Statement of Need:
Since the adoption of the Uniform
Manifest by EPA and the Department
of Transportation (DOT) in 1984, the
regulated community and authorized
States have pressed EPA to adopt
changes that would simplify and
further reduce the variability among the
hazardous waste manifest forms
required and distributed by the States,
In addition, the recent focus on
electronic government has highlighted
the potential advantages of an
electronic manifest system in terms of
reduced paperwork burdens and more
timely waste tracking. This action
responds to these needs with a truly
universal set of manifest data elements
and a manifest format that will be
identical in all States, as well as
standards that will allow the manifest
data to be completed, signed,
transmitted, and recorded
electronically,
Summary of Legal Basis:
EPA's regulations implementing the
manifest are based on section 3002(a)(5)
of the RCRA statute, which requires
that EPA include in its hazardous waste
generator regulations requirements
addressing the "use of a manifest
system and ony other reasonable means
necessary" to assure that all such
hazardous waste is designated for and
arrives at treatment, storage, or disposal
facilities that have been permitted
under RCRA subtitle C requirements.
Secion 3003(a)(3) of the Act requires
transporters of hazardous waste to
comply with the manifest system, while
section 3004(a)(2) requires compliance
with the manifest system by treatment,
storage, and disposal facilities.
Moreover, according to section 1004(12)
of the Act, the manifest is defined as
the "form used for identifying the
quantity, composition, and the origin,
routing, and destination of hazardous
waste during its transportation from the
point of generation to the point of
disposal, treatment, or storage." The
manifest also serves as the "shipping
paper" meeting DOT requirements for
the transportation of hazardous
materials under the Federal Hazardous
Materials laws and regulations,
EPA's current manifest regulations
require generators to obtain manifest
forms from the authorized States, The
generator must complete the paper form
by identifying the type and quantity of
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72840 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
hazardous waste in off-site shipments,
as well as the identities of the
transporters and waste receiving
facilities that will manage the waste.
The regulations require waste handlers
to sign the manifest form by hand when
they receive a waste shipment, and to
retain copies of the signed manifests
that document the chain of custody of
a shipment, and any discrepancies.
EPA and DOT have authority to
eliminate variability among State
manifests, since DOT's hazardous
materials laws generally call for
uniformity in the use of hazardous
materials shipping papers such as the
manifest, and EPA must regulate
transportation consistently with DOT.
EPA and DOT consented in 1984 to the
inclusion of several "optional" data
fields, but our experience with the
manifest system has demonstrated that
the inclusion of optional fields
introduces excessive variability and
burden for waste handlers. EPA also
has authority to automate the waste
tracking functions of the manifest, since
the Act states that EPA can employ any
reasonable means necessary to track
waste shipments under a manifest
system. There is nothing in the statute
that precludes EPA from establishing
standards allowing electronic
manifesting of shipments, as well as
use of the traditional paper forms.
Alternatives:
The form revisions part of the
rulemaking examines alternatives to the
current system that allows authorized
States to print and distribute slightly
varying manifest forms (typically for a
fee) to waste handlers generating or
shipping waste in a particular State.
This rule would establish a precise
Federal specification for the manifest
that would preclude variability in
manifest forms, wherever they are used.
This option was proposed in May 2001,
and was supported by the peat
preponderance of commenters who
submitted written comments to the
docket.
The rule also examines alternative
electronic formats for completing
electronic manifests, and alternative
methods for signing manifests
electronically. Moreover, EPA has been
examining in response to comments
whether electronic manifest systems
should be developed in a decentralized
fashion by private companies in
adherence with standards announced
by EPA (the proposed approach), or
developed and hosted centrally in a
national system. We expect that
additional stakeholder outreach will be
necessary to determine the appropriate
design and functionality of the e-
manifest approach for the final rule.
Therefore, the e-manifest part of the
rulemaking has been separated from the
form revisions part of the rule, so that
final action on the form revisions will
not be delayed by future outreach and
analysis conducted in connection with
the e-manifest.
Anticipated Cost and Benefits:
The baseline manifest system results in
annual paperwork burdens of 4.6
million hours and annual costs of about
$193 million. In developing the May
2001, proposed rale, EPA estimated
that the proposed revisions to the
hazardous waste manifest system (form
changes and electronic manifest) would
reduce the paperwork burdens imposed
by the manifest by 765,000 to 1.24
million hours annually, and would
reduce annual costs by $24 to $37
million. The rule should also eliminate
much of the complexity that arises from
having to obtain and comply with
States" slightly varying manifest forms,
and the burden and complexity of
having to supply information to satisfy
the current so-called "optional" State
fields. The ability to complete and
transmit manifest data electronically
should improve the accuracy of
manifest data, and the timeliness and
effectiveness of waste shipment
tracking.
Risks:
This rule addresses only administrative
requirements for tracking waste
shipments. The rule does not address
risks posed by particular substances or
waste management activities, and no
risk assessments have been prepared to
support this action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/22/01 66 FR 28240
01/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entitles Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3147, EDocket No. RCRA-
2001-0032; 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.
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
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/gener/manifest/index.htm
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 Groce
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone; 703-308-8750
Fax: 703 308-0522
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AE21
EPA
133. 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
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Federal Register/Vol, 69, No, 238/Monday, December 13, 2004/The Regulatory Plan 72841
Abstract;
EPA has proposed creating a new type
of general permit, called a standardized
permit, for facilities that generate waste
and routinely manage the waste on-site
in tanks, containers, and containment
buildings. Under the standardized
permit, facility owners and operators
would certify compliance with generic
design and operating conditions set on
a national basis. The permitting agency
would review the certifications
submitted by the facility owners and
operators. The permitting agency would
also be able to impose additional site-
specific terms and conditions for
corrective action or other purposes, as
called for by RCRA. Ensuring
compliance with the standardized
permit's terms and conditions would
occur during inspection of the facility
after the permit has been issued. The
standardized permit should streamline
the permit process by allowing facilities
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. EPA
estimates that the potential average
annual cost savings to eligible facilities
from implementation of this rule will
range from approximately $100 to
$5,800 (i.e., 2 to 140 burden hours) per
permit action, depending on such
things as the type of permit and the
type of storage equipment. The
proposal raised issues for public
comment on how all facilities receiving
RCRA permits can satisfy RCRA
corrective action requirements under
appropriate alternative State cleanup
programs and on financial assurance
issues. The Agency is developing a
final rule addressing this topic.
Statement of Need:
The Agency convened a special task
force in 1994 to look at permitting
activities throughout its different
programs and to make specific
recommendations to improve these
permitting programs. This task force,
known as the Permits Improvement
Team (PIT), spent two years working
with stakeholders from the Agency,
State permitting agencies, industry, and
the environmental community. The PIT
stakeholders mentioned, among other
things, that permitting activities should
be commensurate with the complexity
of the activity. The stakeholders felt
that current Agency permitting
programs were not flexible enough to
allow streamlined procedures for
routine permitting activities. Currently,
facilities that store, treat, or dispose of
hazardous waste must obtain site-
specific "individual" permits
prescribing conditions for each "unit"
(e.g., tank, container area, etc.) in
which hazardous waste is managed.
Experience gained by the Agency and
States over the past 15 years has shown
that not all the waste management
activities are at the same level of
complexity. Some activities, such as
thermal treatment or land disposal of
hazardous wastes, are more complex
than storage of hazardous waste. The
Agency believes that thermal treatment
and land disposal activities continue to
warrant "individual" permits,
prescribing unit-specific conditions.
However, the Agency believes that
some accommodation can be made for
hazardous waste management practices
in standardized units such as tanks,
container storage areas, and
containment buildings. In April 1996,
the PIT tentatively recommended,
among other things, that regulations be
developed to allow "standardized
permits" for on-site storage and non-
thermal treatment of hazardous waste
in tanks, containers, and containment
buildings. On October 12, 2001, the
Agency proposed revising the RCRA
regulations to allow for this type of
permit, and is preparing to finalize the
rule.
Summary of Legal Basis:
Facilities that manage hazardous waste
are required under RCRA to obtain a
permit and carry out corrective action
as necessary (see: RCRA sections 3004,
3005, 3008, and 3010). EPA has
discretion under these statutory
provisions to apply different permitting
procedures to different types of
facilities. No aspect of this streamlining
action is required by court order,
Alternatives:
EPA considered several options
regarding RCRA permits and corrective
action alternatives. The Agency
proposed to limit the scope of the rule
to facilities that generate waste and
manage it on-site, but asked for
comment on whether to expand that
scope to facilities that manage wastes
generated off-site. The Agency also
asked for comment on the option of
allowing a facility's RCRA corrective
action activities to be postponed if
corrective action is being carried out
under an approved State remedial
program,
Anticipated Cost and Benefits:
The RCRA standardized permit is an
optional rule designed to streamline the
regulatory burden to EPA/States, as
well as to private sector facilities
covered by the rule, by reducing the
amount of information collected,
submitted, and reviewed for RCRA
hazardous waste permit actions (i.e.,
new permit applications, permit
modifications, and permit renewals).
Because the rule proposed to streamline
existing RCRA regulation, rather than
add new RCRA regulation,
implementation of the rule by the EPA
and by States with EPA-authorized
permitting programs is expected to
result in economic benefits in the form
of national cost savings from reducing
both government and private sector
resources required for the RCRA permit
process. The national workload level of
RCRA permit actions involving on-site
hazardous waste storage and non-
thermal treatment units has averaged 92
permit determinations per year over the
10-year period 1990-1999. Relative to
this average annual workload, 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. On a
national basis, the rule is expected to
generate a minimum of $0.36 to $0.53
million in average annual paperwork
cost savings, based on the scope of the
proposed rule, which was limited to
on-site waste management facilities.
However, the final rule may expand the
initial scope of eligible facilities, which
could easily double or triple the
national cost savings benefits (i.e., $1,1
to $1.6 million per year in cost
savings).
Risks:
The purpose of this rule is to
streamline existing RCRA permit
application and issuance procedures to
achieve national paperwork burden
reduction. Because of the facts that
facilities covered by this rule: (a) Are
currently already required to obtain
RCRA permits, and (b) are relatively
simple to design, install/construct,
operate, and clean-close, this rule is
expected to have minimal incremental
effects on existing levels of human
health and environmental risk for these
types of hazardous waste management
facilities.
Timetable:
Action
NPRM
Final Action
Date
FR Cite
10/12/01 66 FR 52192
04/00/05
Regulatory Flexibility Analysis
Required:
No
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72842 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 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.jefflSepamail.epa.gov
RIN: 2050-AE44
EPA
134, RCRA 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
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.
Statement of Need:
The Paperwork Reduction Act of 1995
establishes a Federal Governmentwide
goal to reduce the paperwork and
reporting burden it imposes. The RCRA
Burden Reduction Initiative Proposed
Rulemaking makes the regulatory
changes necessary to meet this goal.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
Reducing recordkeeping and reporting
will require changes in our regulations.
There was no alternative to doing a
rulemaking. The Agency sought
opinions from the regulated community
on various burden reduction
possibilities.
Anticipated Cost and Benefits:
Our cost-benefit analysis showed a
savings of $120 million and 929,000
hours for the final rule. The rule will
have minimal impact on the
protectiveness of the RCRA regulations.
It will eliminate or streamline
paperwork requirements that are
unnecessary because they add little to
the protectiveness of the RCRA
regulations.
Risks:
The rule will have no risk impacts.
Timetable:
Action
NODA1
NPRM
NODA 2
Final Action
Date FR Cite
06/18/99 64 FR 32859
01/17/02 67 FR 251 8
10/29/03 68 FR 61 662
08/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4084; Applicable SIC codes;
Chemicals and Allied Products (28),
Primary Metal Industries (33),
Fabricated Metals (34), Industrial
Machinery and Equipment (35),
Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected:
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:
Elaine Eby
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703-308-8449
Fax: 703 308-8433
Email: eby.elaine@epamail.epa.gov
RIN: 2050-AE50
EPA
135. RECYCLING OF CATHODE RAY
TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
Priority:
Other Significant
Legal Authority:
42 USC 6912(a); 42 USC 6921; 42 USC
6922; 42 USC 6923; 42 USC 6924; 42
USC 6925
CFR Citation:
40 CFR 261; 40 CFR 273
Legal Deadline:
None
Abstract:
This action will ultimately revise the
existing Federal hazardous waste
regulations to encourage recycling and
better management of Cathode Ray
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
72843
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,
Statement of Need:
This rule is needed to respond to
recommendations of the Electronics
Subcommittee of the CSI Council
regarding CRT recycling. It is also
needed to streamline RCRA
requirements for these materials to
encourage better management and
recycling.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
EPA solicited comments on alternative
management requirements, including
notification and tracking, accumulation
requirements, requirements for CRT
glass processors, export requirements,
and disposal requirements.
Anticipated Cost and Benefits:
EPA estimates that, if finalized, this
action would result in annual savings
of up to 3 million dollars to reduce
administrative, transportation, and
management costs compared to current
regulations.
Risks:
The risks are undetermined.
Timetable:
Action Date FR Cite
NPRM
Final Action
06/12/02 67 FR 40507
08/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4092, EDocket No. RCRA-
2004-0010 (CRTs) RCRA-2004-0012
(Mercury devices);
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@epamaiLepa.gov
RIN: 2050-AE52
EPA
136. * HAZARDOUS WASTE
MANAGEMENT SYSTEM;
MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM:
MERCURY-CONTAINING EQUIPMENT
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:
Mercury-containing equipment (MCE)
consists of devices, items, or articles
that contain varying amounts of
elemental mercury that is integral to
their functions, including several types
of instruments that are used throughout
the electric utility industry and other
industries, municipalities, and
households. Some commonly
recognized devises are thermostats,
barometers, manometers, and mercury
switches, such as light switches in
automobiles. This definition does not
include mercury waste that is generated
as a byproduct through the process of
manufacturing or treatment. This action
will add mercury-containing equipment
to the federal list of universal wastes
regulated under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Handlers
of universal wastes are subject to less
stringent standards for storing,
transporting, and collecting these
wastes, EPA believes that regulating
spent mercury-containing equipment as
a universal waste will lead to better
management of this equipment and will
facilitate compliance with hazardous
waste requirements.
Statement of Need:
This rule is needed to respond to a
petition from the Utilities Solid Waste
Activities Group regarding management
of mercury-containing equipment. It is
also needed to streamline RCRA
requirements for these materials to
encourage better management and
recycling and to reduce management of
mercury in the municipal waste system.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
EPA solicited comments on alternative
management requirements and
alternative approaches for meeting its
goals with respect to mercury
equipment management.
Anticipated Cost and Benefits:
EPA estimates that, if finalized, this
action would result in annual savings
of up to $270,000 to reduce
administrative, transportation, and
management costs compared to current
regulations. In addition, this action
would improve management of mercury
wastes from small and large generators
and increase collection of these
materials for proper management.
Timetable:
Action
Date
FR Cite
Final Action
06/00/05
Regulatory Flexibility Analysis
Required;
DATA MISSING
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4092.1, EDocket No. RCRA-
2004-0010 (CRTs) RCRA-2004-0012
(Mercury devices); Split from RIN 2050-
AE52.
Agency Contact:
Katherine Blanton
Environmental Protection Agency
Solid Waste and Emergency Response
S304W
Washington, DC 20460
Phone: 703-605-0761
Fax: 703 308-0514
Email: blanton.katherine@epamail.epa.gov
RIN: 2050-AG21
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72844 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
EPA
137. 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-1 SDWA 1412 (b)(8); 42
USC 300J-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 July 2005).
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; hydrogeologie
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses; and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Statement of Need:
Public water systems (PWSs) that use
groundwater as their sole source of
water, as opposed to surface water
PWSs, are not federally regulated as to
treatment for microorganisms. There is
data that indicates that a number of
groundwater PWSs are contaminated
with microorganisms of fecal origin that
can and have caused illness.
Summary of Legal Basis:
Section 1412(b)(8) of the Safe Drinking
Water Act requires that EPA develop
regulations specifying the use of
disinfectants for ground water systems
as necessary and ".. .(as part of the
regulations) promulgate criteria,, .to
determine whether disinfection shall be
required as a treatment technique for
any public water system served by
ground water."
Alternatives:
EPA considered four regulatory
alternatives in the development of the
GWR proposal; the proposed regulatory
alternative (multi-barrier option), the
sanitary survey option, the sanitary
survey and triggered monitoring option,
and the across-the-board disinfection
option. All options include the sanitary
survey provision. The sanitary survey
option would require the primacy
agency to perform surveys every three
to five years, depending on the type
of system. If any significant deficiency
is identified, a system is required to
correct it. The sanitary survey and
triggered monitoring option adds a
source water fecal indicator monitoring
requirement triggered by a total
coliform positive sample in the
distribution system. The multi-barrier
option, which was proposed by EPA,
adds a hydrogeologie sensitivity
assessment to these elements which, if
a system is found to be sensitive,
results in a routine source water fecal
indicator monitoring requirement. The
multi-barrier option and the sanitary
survey and triggered monitoring
options are targeted regulatory
approaches designed to identify wells
that are fecally contaminated or are at
a high risk for contamination. The
across-the-board disinfection option
would require all systems to install
treatment instead of trying to identify
only the high risk systems; therefore,
it has no requirement for sensitivity
assessment or microbial monitoring.
Anticipated Cost and Benefits:
EPA estimates the cost of the proposed
GWR will be $183 million dollars per
year (using a 3 percent discount rate).
More than half of the estimated costs
are for corrective actions which systems
will be required to take to fix or
prevent fecal contamination. The
remainder of the costs are due to
increased scope and frequency of
sanitary surveys, hydrogeologie
sensitivity assessments and source
water monitoring. System costs are
expected to be $162 million per year
for implementation of the GWR. States
are expected to incur costs of $21
million per year. Cost estimates do not
include land acquisition, public
notification or the potential cost of
illness due to exposure to disinfection
by-products. The total estimated value
of these benefits is $205 million per
year, $139 million from avoided illness
and $66 million from avoided deaths.
These benefits are monetized based on
a cost of illness and a value of
statistical life. These estimates do not
include pain and suffering associated
with viral and bacterial illness avoided
outbreak response costs (such as the
costs of providing public health
warnings and boiling drinking water),
and possibly the avoided costs of
averting behavior and reduced
uncertainty about drinking water
quality.
Risks:
EPA estimates that currently over
200,000 illnesses and 18 deaths occur
each year due to viral and bacterial
contamination of public groundwater
systems. Children, the elderly and the
immunocompromised are particularly
sensitive to the waterborne pathogens
and account for between 20 and 30
percent of the illnesses and deaths. As
proposed, the GWR is expected to
reduce the total number of illnesses by
115,000 and the total number of deaths
by 11 each year. The GWR in
conjunction with the Surface Water
Treatment Rule (SWTR), Total Coliform
Rule (TCR) the Interim Enhanced
Surface Water Treatment Rule
(IESWTR), the Filter Backwash Rule
(FBR) and the Long Term Enhanced
Surface Water Treatment Rules
(LT1ESWTR and LT2ESWTR) will
provide protections to the consumers of
public water supply systems from
waterborne pathogens.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
05/00/05
Regulatory Flexibility Analysis
Required:
Yes
Small Entitles Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72845
Additional Information:
SAN No. 2340; Statutory deadline for
final rule: After August 6, 1999, but not
later than the Administrator
promulgates a Stage II rulemaking for
disinfection byproducts (currently
scheduled for July 2005).
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@epainail.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
EPA
138. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal governments and the private
sector.
Legal Authority:
42 USC 300f; 42 USC 300g-l; 42 USC
300g-2; 42 USC 300g-3; 42 USC
300g-4; 42 USC 300g-5; 42 USC
300g-6; 42 USC 300J-4; 42 USC 300J-9;
42 USC 300J-11
CFR Citation:
40 CFR 141 to 142; 40 CFR 9
Legal Deadline:
None
Abstract:
The Long Term 2 Enhanced Surface
Water Treatment Rule (LT2ESWTR)
will control risk from microbial
pathogens, specifically
eryptosporidium, 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 previously available, 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.
Statement of Need:
The purpose of the Long Term 2
Enhanced Surface Water Treatment
Rule (LT2ESWTR) is to reduce health
risks posed by Cryptosporidium and
other microbial pathogens in drinking
water. Cryptosporidium is a protozoa
which causes cryptosporidiosis, a
severe gastrointestinal disease. While
cryptosporidiosis is generally self
limiting in healthy individuals, it can
be fatal for people with compromised
immune systems. Cryptosporidium is
removed to a degree by filtration but
is highly resistant to conventional
drinking water disinfectants, including
chlorine and chloramines. EPA has
recently collected a significant amount
of data on occurrence of
Cryptosporidium in drinking water
sources through the Information
Collection Rule (ICR) and ICR
Supplemental Surveys. These data
indicate that a subset of drinking water
systems have an unacceptably high risk
for Cryptosporidium in their treated
water. The LT2ESWTR is intended to
identify systems at high risk for
Cryptosporidium through monitoring
and prescribe an appropriate level of
additional treatment. In addition, the
LT2ESWTR will be promulgated
simultaneously with the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR). This will help
to ensure that drinking water utilities
do not compromise adequate microbial
protection while they take steps to
control DBFs.
Summary of Legal Basis:
Section 1412(b)(7)(A) of SDWA
authorizes the Administrator to
promulgate a national primary drinking
water regulation that requires the use
of a treatment technique in establishing
a maximum contaminant level if the
Administrator makes a finding that it
is not feasible to ascertain the level of
the contaminant. The MCLG for
Cryptosporidium is zero and it is not
feasible for public water systems to
measure Cryptosporidium
concentrations in treated water.
Consequently, under Section
1412(b)(l)(A), the Administrator may
establish a treatment technique for
Cryptosporidium if this presents a
meaningful opportunity for health risk
reduction. Although the 1996
Amendments do not require EPA to
finalize a Long Term 2 Enhanced
Surface Water Treatment Rule
concurrently with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
EPA is considering various rule
scenarios to reduce risk from
Cryptosporidium, These scenarios
include treatment requirements that
would apply to all systems, such as
requiring all conventional plants to
achieve 2-log inactivation of
Cryptosporidium. Alternative scenarios
have involved assigning systems to bins
based on mean Crypto source water
concentrations. Additional treatment
requirements would then depend on
the bin to which a system was
assigned. Issues associated with the
binning approach include: amount of
monitoring necessary to assign systems
to bins, appropriate Crypto
concentrations to demarcate bin
boundaries, and appropriate level of
additional treatment for a given bin.
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72846
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/The Regulatory Plan
EPA is exploring analyses that evaluate
the impact of these issues on costs and
benefits. EPA has also considered
options to reduce the impact on small
systems.
Anticipated Cost and Benefits;
EPA estimates that the LT2ESWTR, as
proposed will have an annual cost of
$73 to $111 million per year. The
majority of people (approximately 67
percent) are served by public water
systems that use a surface water or
ground water under the direct influence
of surface water. Thus, a large number
of people will benefit from the
LT2ESWTR. EPA estimates that the
proposed LT2ESWTR would prevent up
to 1,020,000 cases of cryptsporidiosis
annually with an economic benefit of
up to $1.4 billion. In addition, EPA has
recently identified UV light as a
technology that can achieve high levels
of Cryptosporidium inactivation at
relatively low cost.
Risks:
Approximately 67 percent of consumers
are served by drinking water systems
that use surface water sources or
ground water under the direct influence
of surface water. Survey data indicate
that Cryptosporidium is prevalent in
drinking water sources and current
levels of treatment may not be adequate
to control highly resistant pathogens
like Cryptosporidium.
Cryptosporidiosis is a potentially fatal
disease in people with weak immune
systems, such as infants, the elderly,
people with AIDS, and people taking
immune suppressing drugs like cancer
and transplant patients. By requiring
additional treatment for those systems
with the highest concentrations of
Cryptosporidium in their source waters,
EPA expects to significantly reduce
current risk.
Timetable:
Action
NPRM
Final Action
Date
FR Cite
08/11/03
07/00/05
68 FR 47639
Regulatory Flexibility Analysis
Required:
No
Small Entitles 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: schmelliag.dan@epamaiLepa.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
EPA
139. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority:
Economically Significant
Unfunded Mandates:
This action may affect State, local or
tribal governments arid the private
sector.
Legal Authority:
42 USC 300f; 42 USC 300g-2; 42 USC
300g-3; 42 USC 300g~4; 42 USC
300g-5; 42 USC 300g-6; 42 USC
300J-4; 42 USC 300J-9; 42 USC 3QOJ-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),
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 previously available. 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 development of
these rules; an Agreement in Principle
was signed in September 2000
outlining the proposed rule options.
Statement of Need:
The purpose of the Stage 2
Disinfectants/Disinfection Byproducts
Rule (DBPR) is to reduce potential
health risks posed by disinfection
byproducts (DBFs). Certain DBFs have
been shown in laboratory tests to be
carcinogens or to cause adverse
reproductive and developmental health
effects. In addition, epidemiology
studies have indicated that exposure to
chlorinated water may increase the risk
of bladder cancer, miscarriage, and
certain developmental defects. The
Stage 2 DBPR is designed to reduce
peak events in DBF exposure in order
to mitigate these potential health risks.
Summary of Legal Basis:
Section 1412(b)(2)(C) of SDWA, as
amended in 1996, requires EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule no later than July 14, 2003.
Although the 1996 Amendments do not
require EPA to finalize a Long Term
2 Enhanced Surface Water Treatment
Rule concurrently with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72847
it is important to finalize these rules
together.
Alternatives:
EPA is considering various rule
scenarios to achieve reductions in
disinfection byproduct exposure. These
alternatives include: decreasing the
standard set in the Stage 1 DBPR (0.080
mg/L total trihalomethanes (TTHM) and
0.060 mg/L the sum of 5 haloacetic
acids (HAAS)) by half and maintaining
a running annual average compliance
calculation; maintaining 80/60
TTHM/HAA5 standards but revising
the compliance calculation to a stricter
locational running annual average;
setting the 80/60 TTHM/HAA5
standard as a never to be exceeded
maximum; and revising the standard
for bromate which is currently 0.010
mg/L. EPA has also considered options
to reduce the impact on small systems.
Anticipated Cost and Benefits:
EPA estimates that the Stage 2 DBPR
will have an annual economic impact
of $59-65 million. Over 200 million
people are served by public water
systems that apply a disinfectant (e.g.,
chlorine) to water in order to provide
protection against microbial
contaminants and potentially exposed
to DBFs. Thus, a large number of
people will benefit from the Stage 2
DBPR.
Risks;
Over 200 million people are served by
public water systems that apply a
disinfectant (e.g., chlorine) to water in
order to provide protection against
microbial contaminants. Due to the
large number of people exposed to
DBPs, there is a substantial concern for
any risks associated with DBPs that
may impact public health, EPA
estimates that the Stage 2 DBPR will
decrease exposure to DBPs on average
but more importantly, the rule will
significantly reduce exposure to peak
occurrences of DBPs.
Timetable:
Action
NPRM
Final Action
Date
FR Cite
08/18/03 68 FR 49548
07/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entitles 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 Grabbs
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grabbs.thomas@epa.gov
Stig Regli
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-5270
Fax: 202 564-3767
Email: regli.stig@epamail.epa.gov
RIN: 2040-AD38
EPA
140. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority:
Other Significant
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, November 1, 2004.
Final, Judicial, June 1, 2006.
Abstract:
This mlemaking 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 proposed rule
addresses all existing facilities if they
meet the proposed threshold levels,
including those in the following
industries: (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 also proposed
regulations for new offshore and coastal
oil and gas extraction facilities, which
EPA excluded from the Phase I rule for
other, land-based facilities. Section
316(b) of the Clean Water Act provides
that any standard established pursuant
to sections 301 or 306 of the Clean
Water Act and applicable to a point
source shall require that the location,
design, construction, and capacity of
cooling water intake structures reflect
the best technology available for
minimizing adverse environmental
impact. A primary purpose of this
action is to minimize the impingement
and entrainment of fish and other
aquatic organisms by cooling water
intake structures. Impingement occurs
when fish and other aquatic life are
trapped 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.
Statement of Need:
In the absence of national regulations,
Permit Directors have regulated cooling
water intake structures incompletely
and inconsistently, especially with
respect to the manufacturing sector. In
some instances, permit issuance or
reissuance has been significantly
delayed or permit decisions from 20 or
more years ago have not been
reevahiated. Significant numbers of fish
and other aquatic organisms may be
cropped annually as a result of cooling
water intake structures at a single large
intake or through the cumulative
impact at multiple small intakes on the
same waterbody. By court order, EPA
must propose and take final action on
this regulation. This regulation may
have substantial ecological benefits.
Summary of Legal Basis:
This action is required under an
Amended Consent Decree in
Riverkeeper Inc. et al. v. Whitman, 93
Civ. 0314 (AGS)(U.S. District Court,
Southern District of New York,
November 21, 2000).
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan
Alternatives:
This analysis will cover various sizes
and types of potentially regulated
facilities. EPA is considering whether
to regulate on a site-specific, waterbody
category, or national basis. EPA is also
considering several flow thresholds,
below which the regulation would not
apply and permits would continue to
be issued on a case-by-case basis by
Permit Directors using their best
professional judgment.
Anticipated Cost and Benefits:
Costs are yet to be determined, but are
not expected to exceed $100 million.
While monetized use benefits are
expected to be lower than monetized
costs, a qualitative assessment of
ecological benefits at several large
facilities indicates the potential for
additional benefits when intakes are
controlled. Costs and benefits are
generally expected to be smaller at
facilities that use smaller amounts of
cooling water.
Risks:
Cooling water intake structures may
pose significant risks for aquatic
ecosystems.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/04
06/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 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 Shrfner
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: 2Q40-AD70
EPA
141. 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 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 would 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 programs 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.
Statement of Need:
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 2003. To meet this
deadline and comply with GPEA, EPA
believes that it needs to put a new legal
framework in place for electronic
reporting. A final ER rule would
provide for this legal framework by: (1)
Removing legal obstacles to electronic
reporting posed by explicit references
to paper and paper-based processes in
EPA regulations; and (2) assuring that
electronically submitted documents
will have the same legal and
evidentiary force as their paper
counterparts, whether the submission is
directly to EPA or under an EPA-
authorized program.
Summary of Legal Basis:
Government Paperwork Elimination Act
(GPEA) of 1998. GPEA requires Federal
agencies to provide, where practicable,
the option of electronic reporting and
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/The Regulatory Plan 72849
recordkeeping to their regulated
communities by 2003,
Alternatives:
One alternative to an EPA cross-media
ER rule that applies to most compliance
reports under 40 CFR would be
individual rulemakings by each of the
program offices. EPA's past experience
with program-by-program ER
rulemakings has demonstrated that
such an approach would be more costly
and take much longer to complete. EPA
also considered the use of guidance
instead of ralemaking, but rejected this
alternative based principally on a
concern that program enforceability
depends greatly on the ability to
mandate a certain level of functionality
for systems that will be used to receive
electronic reports and other electronic
documents.
Anticipated Cost and Benefits:
EPA received a number of comments
on the assumptions used to generate
the cost and benefit estimates for the
electronic reporting components of
proposed CROMERRR; based on this
feedback, EPA decided to develop a
new analysis of the costs and benefits
for the final ER rule. As a part of this
effort, EPA has conducted extensive
follow-up interviews with commenters,
reevaluated existing sources of
information, and conducted new
market research on ER technologies.
The results have led EPA to revise
certain assumptions associated with the
CROMERRR proposal that bear on the
ER rule's costs and benefits to regulated
entities and to Federal, State, and local
governments. Proposed CROMERRR
had assumed that the costs and benefits
of electronic reporting under authorized
programs could be attributed entirely to
the rule. EPA has since learned that
a significant number of electronic
reporting systems already operate under
such programs; correspondingly, the ER
rule cannot take credit for the costs and
benefits of electronic reporting in such
cases, but only for the costs or benefits
that result from changes that occur as
a result of the rule. With respect to
regulated entities, EPA has had to
adjust a number of assumptions
associated with electronic signature
requirements, including those related to
the number of registered signature-
holders at each facility, and the
availability of acceptable alternatives to
Public Key Infrastructure-based
electronic signature approaches in
many instances. EPA is also refining its
estimate of the number of potentially
affected regulated entities. With respect
to the Federal government, EPA has
reconsidered the general costs and
benefits of electronic reporting based
on experience operating EPA's Central
Data Exchange and other EPA systems,
and based also on an in-depth analysis
of business processes and associated
costs for several major EPA programs
implementing electronic reporting.
Based on these and other revisions to
our assumptions, EPA has developed
preliminary new cost/benefit results.
They indicate that regulated entities
and State and local government
agencies will incur modest net costs
from the ER rule; EPA will experience
modest net benefits. Qualitative
benefits of electronic reporting were
also identified, including: enhanced
data quality, faster public access to
submitted data, better tracking of
compliance submissions, and
opportunities for re-engineering current
paper processes. Finally, comments on
the CROMERRR also indicated the need
for substantial reworking of the cost
and benefit analyses with respect to the
electronic recordkeeping components of
the proposal. Given EPA's current focus
on electronic reporting, EPA will defer
additional economic analysis in this
area until the Agency resumes work on
electronic recordkeeping.
Risks:
The risks are undetermined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/31/01 66 FR 46162
12/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Federalism;
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 4270; Formerly listed as RIN
2020-AA41.
Agency Contact:
Evi Buffer
Environmental Protection Agency
Office of Environmental Information
2823T
Washington, DC 20460
Phone: 202-566-1697
Fax: 202 566-1684
Email: huffer,evi®epa.gov
David Schwarz
Environmental Protection Agency
Office of Environmental Information
2823T
Washington, DC 20460
Phone; 202-566-1704
Fax: 202 566-1684
Email: schwarz.david@epa.gov
RIN: 2025-AA07
BILLING CODE 85SO-50-S
-------
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73786 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL7817-1
Fall 2004 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual Regulatory Agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Regulatory Agenda to update the public
about:
Regulations and major policies currently
under development,
Reviews of existing regulations and
major policies, and
Regulations and major policies
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: ncepimal@one.aet, 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
1. What Are EPA's Goals in Developing
Regulations and Policies and What
Key Principles, Statutes, and
Executive Orders Drive Our Rule and
Policymaking Process?
2. How Can You Be Involved in EPA's
Rule and Policy Making Process?
3. What Actions Are Included in the
Agenda and What is the Relationship
between the Agenda and Regulatory
Plan?
4. How Is the Agenda Organized?
5. What Information Is in Agenda
Entries?
6. How Can You Find Out More About
EPA Rulemakings?
7, What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
8. Acknowledging 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 Eule and
Policymaking Process?
Our primary objective is to protect
human health and the environment. To
achieve this objective and ensure that
our decisions are cost-effective and fully
protective, we conduct high quality
scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process, so that
Agency decision makers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
building flexibility into regulations from
the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. Research, testing and
adoption of new environmental
protection methods is also a central
tenet in environmental problem solving.
The integration of all these elements via
a well managed regulatory development
process and a strong commitment to
innovative solutions will ensure that we
all benefit from significant
environmental improvements that are
fair, efficient, and protective. Our
overall success is measured by our
effectiveness in protecting human
health and the environment.
For a more expansive discussion of
our regulatory philosophy and priorities
please see our new Statement of
Priorities in the FY 2005 Regulatory
Plan (epa.gov/regagenda)
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
Eule and Policy Making Process?
You can make your voice heard by
getting in touch with the contact person
provided in each Agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register. To be
most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or non-regulatory action. 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
eornes 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 and What is the Relationship
Between the Agenda and Regulatory
Plan?
EPA includes regulations and certain
major policy documents in the Agenda.
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73787
EPA
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;
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.
The Regulatory Plan, which is
required by EO 12866, is published
along with the fall edition of the
Regulatory Agenda. The Plan includes a
limited number of EPA actions,
typically 20-45, which will be published
during the current fiscal year and which
are the centerpieces of our regulatory
priorities. Plan entries include all of the
information included in Agenda entries
described in section E, below, as well as
additional information about
alternatives, the need for a federal
solution, costs, benefits, and risks,
EPA's and other agencies' Regulatory
Plans are published together in Part 2 of
the Federal Register on the same day
that the Regulatory Agenda is
published. To save money we do not
include detailed information on actions
that are included in the Plan in the
Regulatory Agenda itself; rather, we
cross-reference the Plan entries,
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 Superfimd (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 Act,
requests for public comment on the
need for regulatory action, or
important preregulatory policy
proposals.
2, Proposed Rule - This section includes
EPA rulemaking actions that are
within a year of proposal (publication
of Notices of Proposed Rulemakings
(NPRMs)).
3, Final Rule - This section includes
rules that will be issued as a final rule
within a year,
4. Long-Term Action - This section
includes rulemakings for which the
next scheduled regulatory action is
after October 2005.
5. Completed Action - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the Spring 2004Agenda. 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 (RIN) which is assigned when
an action first appears in the Agenda,
The RIN has two parts: the first part
corresponds to the lead sub-agency
within EPA (e.g.2040 stands for the
Office of Water, 2060 for the Office of
Air and Radiation); the second part
corresponds to the order in which
actions were 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 rale as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610),
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant" .
Economically Significant: Under
Executive Order 12866, a rulemaking
action that may have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA
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, 12886, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of EO 12866.
Also, if we believe that a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, ef seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action,
CFfl Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable!The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the Agenda are our best estimates as of
the date we submit the Agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
Regulatory Flexibility Act (RFA).
Generally, such an analysis is required
for proposed or final rules subject to the
RFA that EPA believes may have a
significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government,
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
Tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section,
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211,
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number An identification
number that EPA uses to track
rulemakings and other actions under
development..
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. (Note; to submit
comments on proposals, you can go to
our electronic docket which is at:
epa.gov/edocket. Once there, to get into
the edocket for a particular rule you will
need the edocket identification number.
We include this number in the
additional information section of
Agenda entries that have already been
proposed.)
BIN: 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
www.epa.gov/edocket.
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73789
EPA
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
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
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:
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
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 rale 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).
EPA has established an official public
docket for each of our 610 Reviews, 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 he placed in EPA's electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA's electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA's electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified above. EPA intends to
work towards providing electronic
access to all of the publicly available
docket materials through EPA's
electronic public docket.
Unless otherwise indicated, please
direct your comments to the identified
Docket ID number for the specific 610
Review item. For these 610 Reviews,
please DO NOT submit CBI or
information that is otherwise protected
by statute. You may submit comments
electronically, by mail, or through hand
delivery/courier using one of the
following methods;
1. Electronically, If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-rnail 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
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EPA
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.
iii. Federal eRulemaking Portal:;
http://www.regulations.gov , Follow the
on-line instructions for submitting
comments.
2. By Mail. Send your comments,
identified by the appropriate Docket
ID number, to: EPA Docket Center
(EPA/DC), Environmental Protection
Agency, Mailcode: 2822, 1200
Pennsylvania Ave., NW, Washington,
DC, 20460.
3. By Hand Delivery or Courier. Deliver
your comments, identified by the
appropriate Docket ID number, to:
EPA Docket Center (EPA/DC), EPA
West, Room B102,1301 Constitution
Ave., NW, Washington, DC. The EPA
Docket Center Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
legal holidays. The telephone number
for the Reading Room is (202) 566-
1742. Such deliveries are only
accepted during the Docket's normal
hours of operation as identified
below.
For public commenters, it is
important to note that EPA's policy is
that public comments, whether
submitted electronically or on paper,
will be made available for public
viewing in EPA's electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
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
GENERAL—Proposed Rule Stage
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. Acknowledging Those Involved in
the Rule making 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 develop
effective, efficient solutions to the
problems we face.
Over the years you, the public, have
submitted an enormous number of
comments on our rulemakings. We have
heard all and adopted many.
Protecting human health and the
environment which makes life possible
is one of our most important quests.
Thank you for joining in this endeavor.
Dated; October 12, 2004.
Jessica L. Furey,
Associate Administrator, Office of Policy,
Economics, and Innovation,
Sequence
Number
Title
i Regulation
Identifier
Number
3021
3022
3023
3024
3025
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations 2020-AA42
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest 2030-AA67
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors 2030-AA88
SAN No. 4903 Award Term Contracting 2030-AA89
SAN No. 4931 Accessibility Standards for Contract Deliverables (508) 2030-AA90
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EPA
Sequence
Number
3026
3027
3028
3029
3030
3031
3032
GENERAL— Final Rule Stage
Title
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CRQMERRR) (Reg Plan Seq
No. 141)
SAN No. 4693 Privacy Act Regulations (Revised)
SAN No 4813 Miscellaneous Revisions to EPAAR Clauses
SAN No. 3671 Guidelines for Carcinogen Risk Assessment
SAN No. 4925 Technical Amendments to the Federal Policy for the Protection of Human Subjects
SAN No. 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-AA37
2025-AA07
2025-AA13
2030-AA84
2Q80-AAQ6
2080-AA1 1
2090-AA27
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
GENERAL—Long-Term Actions
Sequence
Number
3033
3034
3035
3036
3037
Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements . . .
SAN No. 3240 Public Information and Confidentiality Regulations
SAN No 4902 Waste Isolation Pilot Plant (WIPP) FY 2003 Report to Congress
SAN No 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
2020-AA39
2025- AA02
2060-AM73
2070-AD45
2090-AA35
GENERAL—Completed Actions
Sequence
Number
3038
3039
3040
3041
3042
3043
3044
3045
Title
SAN No 4747 Implementation of Authority To Appoint Research Scientists Under 42 USC
SAN No 4191 Revision to EPAAR 1552211-73 Level of Effort
SAN No 4733 Background Investigations for Contractors Performing Services Onsite . . ..
SAN No 4742 Continuation of Implementing the Empowerment Initiative
SAN No 4814 On-Site and Off-Site Background Checks Performed by EPA and Contractors
SAN No 4812 Contract Bundling Requirements . . . . .. ,
SAN No 4761 Waste Isolation Pilot Plant (WIPP) FY 2002 Report to Congress
SAN No. 3538 Intent To Evaluate Whether the Waste Isolation Pilot Plant Continues To Comply With the 40 CFR
Part 191 Disposal Regulations and the 40 CFR Part 194 Compliance Criteria '.
Regulation
Identifier
Number
2030-AA83
2030-AA64
2030-AA80
2030-AA81
2030-AA85
2030-AA86
2060-AK79
2060- AM60
CLEAN AIR ACT (CAA)—Preruie Stage
Sequence
Number
3046
3047
Title
SAN No 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC)
SAN No. 4699 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Requirements
and on Methods To Improve Such Monitoring . . . .. .. ..,...„...»,
Regulation
Identifier
Number
2060-AK75
2060-AM63
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
\
3048
M4.fl
SAN
RAN
No.
No
4266
3B49
Review National
Amendments to
Ambien
Method
- -• •
Title
f Air Quality Standards for Carbon Monoxide
24 (Water-Based Coatinas)
Regulation
Identifier
Number
2060-AI43
2060-AF72
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EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3050 SAN No, 4070 General Conformity Regulations; Revisions 2060-AH93
3051 SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators 2060-AG31
3052 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
3053 SAN No. 4752 Clean Air Fine Particle Implementation Rule (Reg Plan Seq No. 118) 2060-AK74
3054 SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources 2060-AH84
3055 SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment 2060-AJ41
3056 SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments 2060-A166
3057 SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand 2060-AJ78
3058 SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities—Residual Risk Standards 2060-AK09
3059 SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk Standards 2060-AK10
3060 SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards 2060-AK16
3061 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards j 2060-AK18
3062 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard j 2060-AK23
3063 SAN No. 4712 NESHAP: Hazardous Organic NESHAP (HON) Amendments 2Q6Q-AK49
3064 | SAN No, 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
j troplating and Chromium Anodizing Tanks—Residual Risk Standards 2060-AK72
3065 i SAN No. 4782 Petition to Delist Hazardous Air Pollutant; 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
3066 I SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
3067 I SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments I 2060-AI62
3068 j SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources 2060-AK70
3069 | SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
I cle 5 Countries 2060-AK45
3070 i SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
3071 i SAN No. 3262 Inspection/Maintenance Recall Requirements 2060-AE22
3072 | SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions 2Q60-AJ25
3073 | SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
' Fuel Transition Program for Alaska 2060-AJ72
3074 I SAN 4547. Modification of Authority to Grant Alternative Method Approvals 2060-AJ83
3075 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
3076 SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision 2060-AJ97
3077 SAN No. 4632 Modification of Anti-dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alas-
ka and the U.S. Territories 2060-AK02
3078 SAN No. 4811 Transportation Conformity Rule Amendments for New 8-Hour Ozone and PM2.5 National Ambient
Air Quality Standards 2060-AL73
3079 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): I
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking (Reg Plan Seq No. 119) I 2060-AL75
3080 SAN No. 4796 Section 126 Rule; Withdrawal of Findings for Sources in Michigan j 2060-AL83
3081 SAN No. 4802 Amendments to Leather Finishing NESHAP 2060-AL89
3082 SAN No. 4804 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and i
Export; Correction , j 2060-AL90
3083 SAN No. 4808 Amendments to the NESHAP for Cellulose Products Manufacturing | 2060-AL91
3084 SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Require-
ments for Heavy-Duty Engines and Vehicles Above 14,000 Pounds and In-Use, Not-to-Exceed Emission Stand-
ard Test 2060-AL92
3085 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide | 2060-AL94
3086 SAN No. 4829 5-Year Review of MACT Standards for Large MWC 2060-AL97
3087 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
3088 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters |
per Cylinder 2060-AM06
3089 SAN No, 4846 NESHAP; Municipal Solid Waste Landfills—Amendments 2060-AM08
3090 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
3091 SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems 2060-AM15
3092 SAN No. 4875 NESHAP: Area Source Standards — Oil and Natural Gas Production 2060-AM16
3093 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) j 2060-AM20
3094 SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To Address New 8-
Hour Ozone Standard 2060-AM21
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73793
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3095 SAN No, 4848 NESHAP; Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
3096 SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
3097 SAN No. 4865 Strategy for Addressing Air Emissions From Animal Feeding Operations 2060-AM26
3098 SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gaso-
line Sulfur Rules , 2060-AM27
3099 SAN No. 4864 NESHAP: Surface Coating of Metal Cans—Amendments 2060-AM28
3100 SAN No. 4866 NESHAP; Site Remediation: Amendments 2060-AM30
3101 SAN No. 4868 Proposal To Exempt Area Sources Subject to NESHAPs From Federal and State Operating Permit
| Programs 2060-AM31
3102 SAN No. 4880 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Amendments
to Evaporative Emissions Regulations and Technical Amendments 2060-AM32
3103 SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides 2060-AM33
3104 SAN No. 4882 Control of Emissions From Spark-Ignition Engines and Fuel Systems From Marine Vessels and
| Small Equipment 2060-AM34
3105 [ SAN No. 4891 National Emission Standards tor Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
I facturing; Amendments 2060-AM43
3106 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
3107 SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments 2060-AM47
3108 SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity 2060-AM48
3109 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
3110 SAN No. 4893 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2005 2Q60-AM50
3111 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
3112 SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for
| Essential Class I Ozone Depleting Substances 2060-AM56
3113 SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments 2060-AM62
3114 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyi Bromide (Coatings) 2060-AM65
3115 SAN No. 4889 Area Source NESHAP for Stainless and Nonstainiess Steel Electric Arc Furnace (EAF) Manufac-
turing 2G60-AM71
3116 SAN No. 4908 NESHAP: General Provisions—Amendments 2060-AM75
3117 SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments 2060-AM76
3118 SAN No. 4911 NESHAP: Plywood and Composite Wood Products—Amendments 2060-AM78
3119. SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion Turbines 2060-AM79
3120 SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam Generating Units and Indus-
trial and Commercial Boilers 2060-AM80
3121 SAN No. 4914 New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Compression
ignition Engines 2060-AM81
3122 SAN No. 4919 NESHAP: Coke Ovens; Pushing, Quenching, and Battery Stacks; Amendments 2060-AM83
3123 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
3124 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
3125 SAN No. 4934 Part 63 General Provisions—Response to Petition to Reconsider 2060-AM89
3126 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Re-
consideration of Inclusion of. Fugitive Emissions 2060-AM91
3127 SAN No. 4933 Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone 206Q-AM93
References in boldface appear in the Regulatory Plan in part il of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
3128
3129
Title
Regulation
Identifier
Number
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant I 2009-AA01
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3130 SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Fa-
cilities , 2060-AK81
3131 SAN No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions 2060-AK60
3132 SAN No. 4683 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of 4 Compounds 2060-AK37
3133 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 , 2060-AF83
3134 SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in
Stationary Source Emissions 2060-AG88
3135 SAN No. 4625 Clean Air Ozone Implementation Rule (Part 1 and Part 2) (Beg Plan Seq No. 128) 2060-AJ99
3136 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
3137 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR Part 60, Appendix F, Procedure 3) 2060-AH23
3138 SAN No. 4555 Electric Arc Furnace NSPS Amendment 2060-AJ68
3139 SAN No. 4161 Update of Continuous Instrumental Test Methods 2060-AK61
3140 SAN No. 4313 Petitions to Delist Hazardous Air Pollutants; MEK 2060-AI72
3141 SAN No. 4571 Clean Air Mercury Rule—Electric Utility Steam Generating Units (Reg Plan Seq No. 127) 2060-AJ65
3142 SAN No. 4620 National Emission Standards for Coke Oven Batteries—Residual Risk Standards 2060-AJ96
3143 SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 2060-AK50
3144 SAN No. 4714 NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
Recovery Units; Amendments 2060-AK51
3145 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
3146 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
| Petition to Delist 2060-AK73
3147 SAN No. 4763 NESHAP: Ethylene Processes; Amendments 2060-AK80
3148 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
3149 SAN No. 3910 Streamlined Evaporative Test Procedures 2060-AH34
3150 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3151 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
3152 SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty Trucks 2060-AK76
3153 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3154 SAN No. 4535 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide 2Q60-AJ63
3155 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
3156 SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington 2012-AA01
3157 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate ,. 2060-AI45
3158 SAN No. 4450 Clean Air Visibility Rule (Reg Plan Seq No. 126) , , 2060-AJ31
3159 SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines 2060-AKQ1
3160 SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
mulated Gasoline to California Phase 3 Gasoline 2060-AK04
3161 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
3162 SAN No. 4557 Amendments to the Requirements on Variability in the Composition of Additives Certified Under
the Gasoline Deposit Control Program 2060-AK62
3163 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3164 j SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Refor-
i muiated and Conventional Gasoline Including Butane Blenders and Attest Engagements | 206Q-AK77
3165 SAN No. 4794 Clean Air Interstate Rule Formerly Titled: Interstate Air Quality Rule 2060-AL76
3166 SAN No. 4800 List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, Source Category
| List: Petition to Delist Ethylene Glycol Monobutyl Ether 2060-AL87
3167 SAN No. 4840 Clean Air Fine Particle Designations 2060-AM04
3168 SAN No. 3560 Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute Refrigerants; Leak Repair Re-
i quirements for Refrigeration and Air-Conditioning Equipment 2060-AM05
3169 | SAN No. 4855 NESHAP; Asphalt Processing and Asphalt Roofing Manufacturing—Amendments 2060-AM10
3170 SAN No. 4845 Control of Air Pollution from New Motor Vehicles: In-Use, Not-to-Exceed Emission Standard Test-
| ing for Heavy-Duty Diesel Engines and Vehicles 2060-AM17
3171 I SAN No. 4863 NESHAP; Reinforced Plastic Composites—Amendments i 206Q-AM23
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EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
I Regulation
Identifier
Number
-Fire
3172 I SAN No. 4857 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-
] Suppression and Explosion Protection , ,
3173 SAN No. 4883 Test Procedures for Highway and Nonroad Engines
3174 SAN No, 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods
3175 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels
3176 SAN No. 4917 Protection of Stratospheric Ozone; Substitute Refrigerant Recycling; Amendment to the Definition
of Refrigerant ,
3177 I SAN No. 4892 National Emission Standards for Pharmaceuticals Production; Amendments
3178 SAN No. 4918 Protection of the Stratospheric Ozone: Alternatives for the Mobile Air Conditioning Sector Under
the Significant New Alternatives Policy (SNAP) Program
3179 SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair and Replacement (RMRR) Equipment Replacement Provision (ERP); Reconsideration
3180 SAN No. 3259 Nonattainment Major New Source Review (NSR) (Reg Plan Seq No. 129)
3181 SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing;
Amendment ,
3182 SAN No. 4910 NESHAP: Organic Liquid Distribution—Amendments
3183 SAN No. 4928 NESHAP: Secondary Aluminum Production Amendments
3184 SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality Assurance Requirements for
Downstream Oxygenate Blending
3185 SAN No. 4937 NESHAP for Refractory Products Manufacturing—Amendments
3186 SAN No. 4941 State and Federal Operating Permits Programs; Amendments to Compliance Certification Require-
ments'.Technical Correction ,
2060-AM24
206G-AM35
2060-AM42
2060-AM46
2060-AM51
2060-AM52
2060-AM54
2060-AM58
2060-AM59
206Q-AM72
2Q6Q-AM77
2060-AM86
2060-AM88
2060-AM90
2060-AM92
References in boldface appear in the Regulatory Plan in part il of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3187 SAN No. 4695 NESHAP; Off-Site Waste and Recovery Operations Residual Risk Standard 2060-AK68
3188 SAN No. 4607 Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air
| Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 2050-AE95
3189 I SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
I Act, Section 112(r)(3); Revisions to the List of Substances 2050-AE96
3190 SAN No, 4255 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AI44
3191 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
3192 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3193 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3194 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas , | 2060-AH01
3195 ' SAN No. 4096 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States j 2060-AH87
3196 SAN No. 4653 NESHAP; Aerospace Manufacturing and Rework Facilities Residual Risk Standards j 2060-AK08
3197 SAN No. 4657 NESHAP: Group II Polymers and Resins— Residual Risk Standards I 2060-AK13
3198 SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations— Residual
Risk Standard 206Q-AK17
3199 SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 2060-AK19
3200 SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards 206Q-AK20
3201 SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards 2060-AK21
3202 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards 2060-AK22
3203 I SAN No. 4664 NESHAP; Printing and Publishing Industry—Residual Risk Standards 2060-AK24
3204 SAN No. 4663 NESHAP: Petroleum Refineries—Residual Risk Standards 206Q-AK25
3205 SAN No. 4656 NESHAP: Group I Polymers and Resins—Residual Risk Standards 2060-AK12
3206 SAN No. 4658 NESHAP: Group IV Polymers and Resins— Residual Risk Standards 2060-AK15
3207 SAN 4383. Th Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia,
Delaware, Maryland, and New Jersey 2060-AI99
3208 SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) 2060-AJOQ
3209 I SAN No. 3412 Operating Permits: Revisions (Part 70) 2060-AF70
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73796
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3210 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program—Part 71 2060-AG92
3211 SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
Clean Air Act 2060-AK46
3212 SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 2060-AE20
3213 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
3214 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule , 2060-AI97
3215 SAN 4391. Rescinding Finding That Preexisting PM10 Standards Are No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3216 SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
3217 SAN No. 4691 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Clean Units 206Q-AK42
3218 SAN No. 4783 Voluntary Superior Monitoring 2060-AK85
3219 SAN No. 4095 Section 126 Rule: Lifting the 8-Hour Stay 2060-AL79
3220 SAN No. 4797 Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rule-
making for Purposes of Reducing Interstate Ozone Transport (NOx SIP Call) 2060-AL84
3221 SAN 4798. Th Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air
Quality Standards for Early Action Compact Areas 2060-AL85
3222 SAN No. 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
3223 SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060-AL93
3224 SAN No. 4825 Mineral Wool Production Residual Risk Standard 2060-AL96
3225 SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3226 SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
3227 SAN No. 4861 NESHAP: Area Source Standards—Paint Stripping 206Q-AM07
3228 SAN No. 4873 NESHAP: Area Source Standards—Glass Manufacturing Industry 2060-AM12
3229 SAN No. 4860 NESHAP; Area Source Standards—Acrylic/ Modacrylic Fiber (AMF) Production 2060-AM13
3230 SAN No. 4859 NESHAP; Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
3231 SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards 2060-AM18
3232 SAN No. 4874 NESHAP: Area Source Standards—Industrial Inorganic Chemicals Manufacturing 2060-AM19
3233 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
3234 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3235 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
3236 SAN No. 4906 NESHAP; Area Source Standards—Clay Ceramics Industry 2060-AM53
3237 I SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals—Zn, Cd, Be 2Q60-AM69
3238 j SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals 2060-AM70
3239 | SAN No. 4907 NESHAP: Gasoline Distribution Stage I—Area Source Standards 2060-AM74
3240 I SAN No. 4915 New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Spark Ignited
Engines | 2060-AM82
3241 | SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
CLEAN AIR ACT (CAA)—Completed Actions
Sequence I
Number I
Title
Regulation
Identifier
Number-
3242
3243
3244
3245
3246
3247
3248
3249
3250
SAN No.
SAN No.
SAN No.
SAN No.
SAN No.
SAN No.
SAN No.
SAN No.
SAN No.
3656 NESHAP: Reciprocating Internal Combustion Engine 2060-AG63
3837 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters , 2Q60-AG69
3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under (SNAP) Program
4681 Revision of Combustion Turbines NSPS— Part 60, Subpart GG
3820 NESHAP: Plywood and Composite Wood Products
3826 Plastic Parts and Products (Surface Coating) NESHAP
4115 NESHAP: Chromium Electroplating Amendment
4107 NESHAP; Asphalt/Coal Tar Application on Metal Pipes
4672 NESHAP: Solvent Extraction for Vegetable Oil: Amendments
2060-AG12
2060-AK35
2060-AG52
2060-AG57
2060-AH69
2060-AH78
2Q60-AK32
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73797
EPA
Sequence
Number
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Title
Regulation
Identifier
Number
3251 SAN No. 4464 Ruiemaking 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
3252 SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision 2060-AI56
3253 SAN No. 4675 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel 2060-AK27
3254 SAN No. 4682 Revisions to the Appeal Procedures and the Federal NOx Budget Trading Program, Parts 78 and
I 97 2060-AK36
3255 I SAN No. 4699 Revisions to Clarify the Scope of Certain Monitoring Requirements for Federal and State Oper-
! ating Permits Programs 2060-AK29
3256 SAN No. 3560 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AL77
3257 SAN No. 4820 Protection of Stratospheric Ozone: Quantity Allocation of Methyl Bromide for Critical Use Exemp-
tions After the Phaseout 2060-AL95
3258 SAN No. 4837 National Ambient Air Quality Standards for Particulate Matter; Amendment To Reflect Court Order
Vacating Certain Rules 2060-AM02
3259 SAN No. 4839 Clean Air Ozone Designations 2060-AM03
3260 SAN No. 4844 Addition of CO Emission Limit for Large MWC Using Fluid Bed Combustion Technology (Section
129) 2060-AM11
3261 SAN No. 4862 NESHAP: Printing, Coating, and Dyeing of Fabrics and Other Textiles— Amendments 2060-AM29
3262 I SAN No. 4922 Fuels and Fuel Additives Registration Regulations (Section 610 Review) 2060-AM38
3263 I SAN No. 4921 Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (Section
I 610 Review) 2060-AM39
3264 j SAN No, 4924 NESHAP; Secondary Lead Smelting (Section 610 Review) 2060-AM40
3265 SAN No. 4923 NESHAP: Petroleum Refineries (Section $10 Review) 2060-AM41
3266 SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair and Replacement (RMRR) Equipment Replacement Provision (ERP); Stay Notice 2060-AM57
3267 SAN No. 4104 National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production: Amend-
ments , 2060-AM61
3268 SAN No. 4839 Air Quality Designations and Classifications for the 8-Hour Ozone NAAQS; Early Action Compact
| Areas with Deferred Effective Dates (Reinstatement of Chattanooga EAC) 2060-AM64
3269 SAN No, 4839 Clean Air Ozone Designations: 5 Percent Reclassifications 2060-AM66
3270 SAN No. 4839 Air Quality Designations and Classifications for 8-Hour Ozone NAAQS; Las Vegas, Nevada Non-
attainment Area 2060-AM67
3271 SAN No. 4816 National Emission Standards for Hazardous Air Pollutants; Site-specific Regulation for Packaging
Corporation of America in Tomahawk, Wisconsin 2090-AA33
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence |
Number
Title
Regulation
Identifier
Number
3272
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Sub-
part A 2060-AH90
ATOMIC ENERGY ACT (AEA)—Long-Term Actions
Sequence i
Number
Title
3273 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal ot Low-Activity Mixed Radioactive
Waste ,
3274 j SAN 4054.1. Approaches to an Integrated Framework for Management and Disposal of Low-Activity Radioactive
Waste
Regulation
Identifier
Number
2060-AH63
2060-AL78
-------
73798
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA
ATOMIC ENERGY ACT (AEA)—Completed Actions
Sequence
Number
3275
Title
SAN No 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria
Regulation
Identifier
Number
2060-AJ07
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
3276
3277
Title
Regulation
Identifier
Number
SAN No. 4727 Endocrine Disrupter Screening Program (EDSP); Chemical Selection Approach for Initial Round of
Screenina (Rea Plan Sea No. 1151 pnyfi-ADRfl
SAN No. 4789 WPS: Pesticide Worker Protection Standard (WPS)
Rule (Section 610 Review) 207Q-AD66
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3278
3279
3280
3281
3282
3283
Title
SAN 2687 Pesticides' Data Requirements for Conventional Chemicals (Reg Plan Seq No. 120)
SAN No 4173 Pesticides' Data Requirements for Antimicrobials .. , .
SAN No 4610 Acceptability of Research Using Human Subjects (Reg Plan Seq No. 122)
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions and Denials of Pesticide Registrations
SAN 4170 Pesticides" Procedures for the Registration Review Program .... . ., . ...
SAN No. 4216 Pesticides; Emeraencv Exemption Process Revisions (Rea Plan Sea No. 121)
Regulation
Identifier
Number
2070-AC12
2070-AD30
2070-AD57
2020-AA44
2070-AD29
2070-AD36
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3284
3285
3286
3287
3288
3289
3290
3291
3292
3293
Title
SAN No 4596 Pesticides; Data Requirements for Biochemical and Mlcrobial Products
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
SAN No 4175 Pesticide Tolerance Reassessment Program
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for those Based on Viral Coat Proteins
SAN No. 461 1 Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants , ,...„....,....,
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment ............
SAN No 3222 Groundwater and Pesticide Management Plan Rule ., ..
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
SAN No. 4609 Pesticides; Exemption of Medical Devices Treated With Antimicrobial Pesticides
Regulation
Identifier
Number
2Q70-AD51
2070-AD61
2070-AD24
2070-AD49
2070-AD55
2070-AD56
2070-AB95
2Q70-AC46
2070-AD14
2070-AD54
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3294
3295
Title
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No. 3731 WPS; Pesticide Worker Protection Standard (WPS); Glove Amendment
Regulation
Identifier
Number
2070-AD23
2070-AC93
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Federal Register/Vol, 69, No. 238/Monday, December 13, 2004/Unified Agenda
73799
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3296
3297
3298
3299
3300
Title
SAN No. 3493 Future Testing for Existing Chemicals (Generic Entry)
SAN No. 4788 Lead; Requirements for Lead-Based Paint Activities in Target
ties (Section 610 Review)
SAN 4858. Notification of Chemical Exports Under TSCA Section 12(b) (Reg 1
SAN No. 3557 Lead-Based Paint Activities; Voluntary Program for Renovatic
No. 117) .. .
SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
Housing and Child-Occupied Facili-
Jlan Seq No 116) .
)n and Remodeling (Reg Plan Seq
Regulation
Identifier
Number
2070-AB94
2070-AD65
207Q-AJ01
2070-AJ03
2070-AJ04
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register,
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3301
3302
3303
3304
3305
3306
3307
3308
3309
3310
Title
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous
SAN No 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No 3301 TSCA Inventory Update Rule Revisions
SAN No 1 923 Follow-Up Rules on Existing Chemicals
of Exemptions for Polymers
Substances
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
SAN No. 4870 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl E
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemption Request From U
(MARAD) ,
SAN No, 4942 Significant New Use Rule for Glycol Ethers ,
Lead-Based Paint: Pre-Renovation Lead Education
hers (PBOEs)
S. Maritime Administration
Regulation
Identifier
Number
2070-AD58
2070-AB79
2070-AC27
2070-AD63
2070-AA58
2070-AD48
2070-AJ02
2070-AJ05
2070-AJ12
2Q70-AJ14
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3311
3312
3313
3314
3315
3316
3317
3318
3319
3320
MP1
Title
SAN No 3508 Lead" Management and Disposal of Lead-Based Paint Debris
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No, 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders . . . . •••• . ••• -••••
SAN No, 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals (Reg Plan Seq No, 130)
SAN No 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No 3493 Testing Agreement for Perfluorooctanoic Acid (PFOA) , ,
SAN No 3493 Testing Agreement for Diethanolamine
SAN No 3493 Testing Agreement for Hydrogen Fluoride
SAN No 3493 Testing Agreement for Phthalic Anhydride
SAN No. 3493 Testina Aareement for Maleic Anhvdride
Regulation
identifier
Number
2070-AC72
2070-AA59
2070-AB27
2070-AD16
2070-AB08
2Q70-AB1 1
2070-AJ06
2070-AJ09
2070-AJ10
2070-AJ11
2070-AJ1 3
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register,
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3322
3323
3324
33? S
Title
SAN No 3148 Asbestos Model Accreditation Plan Revisions ,
SAN No 3252 Lead Fishing Sinkers' Response to Citizens Petition and Proposed Ban ,
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Fjyle — Bridges and Structures ,., • .•••
SAN No. 3557 Lead-Based Paint Activities: Abatement Amendments for Renovation and Hemodelina
Regulation
Identifier
Number
2070-AC51
2Q70-AC21
2070-AC64
2070-AC83
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73800 Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA}—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3326 SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce ,
3327 SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues ,
3328 SAN No, 3487 Test Rule; Hazardous Air Pollutants (HAPs)
3329 SAN No. 3882 Test Rule; Certain Metals
3330 SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
3331 I SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxioity ....
3332 SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)
3333 SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
3334 SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
3335 SAN No. 4777 Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing ,
3336 j SAN No. 3493 Testing Agreement for Aryl Phosphates {ITC List 2) ,
3337 I SAN No. 3493 Test Rule; Brominated Flame Retardants (BFRs)
2070-AB20
2Q70-AD52
2070-AC76
2070-AD10
2070-AD28
2070-AD44
2070-AC37
2070-AD25
2070-AD53
2070-AD64
2070-AJ07
2070-AJQ8
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
3338
3339
3340
3341
3342
Title
SAN No. 4753 Emergency Planning and Community Right-to-Know Act: Modification to the Threshold Planning
Quantity Methodology (or the Extremely Hazardous Substances That are Solids in Solution
SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory . ... .... . ... , , ...,
SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
Dioxin and Dioxin-Hke Compounds Category Under EPCRA, Section 313 ,. . ... .. . .
SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule (Reg Plan Seq No. 125)
SAN 4938 TRI Reoortina Forms Modification
Regulation
Identifier
Number
2050-AF08
2025- AA00
2025-AA12
2025-AA14
2025-AA15
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
3343
,3344
Title
SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
stances (EHS) List
SAN No. 4595 Toxic Release Inventory (TRI) Reporting Requirements From Standard Industrial 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
3345
3346
3347
3348
3349
Title
SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
SAN No. 4015 TRI; Review of Chemicals on the Original TRI List
SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion
SAN No. 2847 TRI; Pollution Prevention Act Information Requirements
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation
Regulation
Identifier
Number
2050-AE17
2025-AA03
2025-AA06
2025-AA09
2025-AA1 1
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73801
EPA
Sequence
Number
3350
3351
3352
3353
3354
3355
3356
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Proposed Rule Stage
Title
SAN No. 4230 Revisions to Solid Wasts Landfill Criteria — Leachate Reciroulation on Alternative Liners
SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams (Reg Plan Seq No. 123) .
SAN No. 4743 Land Disposal Restrictions: Determination ot Equivalent Treatment for Macroencapsulation of Ra-
dioactive Lead Solids; Definition of Macroencapsulation .
SAN No. 4834 Regulatory Amendments to the F019 Hazardous Waste Listing To Exclude Wastewater Treatment
Sludges From Chemical Conversion Coating Process (Zinc Phosphating) of Automobile Bodies of Aluminum
(Reg Plan Seq No. 124)
SAN No. 4828 RCRA Incentives for Performance Track Members
SAN No. 4944 Regulatory Incentives for the National Environmental Performance Track Program; Direct Final
Rule
SAN No. 4944 Regulatory Incentives for the National Environmental Performance Track Program; Direct Final
Rule
Regulation
Identifier
Number
20SO-AE67
2050-AE97
2050-AF12
2050-AG15
2090-AA34
2090- AA36
209Q-AA37
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3357
3358
3359
3360
3361
3362
3363
3364
3365
3366
3367
3368
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities (Reg Plan Seq No. 133)
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No 3989 Methods Innovation Rule
SAN No 3147 Hazardous Waste Manifest Regulation (Reg Plan Seq No. 132) .
SAN No 4084 RCRA Burden Reduction Initiative (Reg Plan Seq No, 134)
SAN No. 3066 Loading-Based Listing of Non-Wastewaters from the Production of Selected Organic Dyes, Pig-
ments and Food, Drug and Cosmstic Colorants .
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations (Reg Plan
Seq No. 135)
SAN No 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II) (Reg Plan Seq No 131) .
SAN No. 4092 Hazardous Waste Management System; Modification of the Hazardous Waste Program: Mercury-
Containing Equipment (Reg Plan Seq No 136)
SAN No. 4439 Project XL— Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction. New York
Regulation
Identifier
Number
2050-AE44
2050-AE23
2050-AE41
2050-AE21
2050-AE50
2050-AD80
205Q-AE52
2050-AE84
2050-AE01
2050-AG21
2090-AA14
2090-AA29
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3369
3370
3371
Title
SAN No 3856 Management of Cement Kiln Dust (CKD) .
SAN No, 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers ... . .
SAN No. 4469 Standards for She Management of Coal Combustion Wastes— Non-Power Producers and
Minefillino -.
Regulation
Identifier
Number
2050-AE34
2050-AE81
2050-AE83
3372
3373
3374
3375
SAN No, 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
SAN No. 4735 RCRA Burden Reduction Initiative, Phase 2
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations to Encourage
Reuse, Recycling, and Recovery of Electronic Equipment
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris From Underground Storage Tanks
2050-AE78
2050-AF01
2003-AAOO
2050-AD69
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions (Continued)
Sequence
Number
3376
3377
3378
3379
3380
3381
3382
Title
SAN No 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes ,. .
SAN No. 4670 Revisions to the Definition of Solid Waste
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements .
SAN No. 4920 RulemaWng To Streamline Laboratory Waste Management in Academic and Research Labora-
tories . ....
SAN No. 3147 Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
" —
Regulation
Identifier
Number
2050-AE51
2050-AE98
2050-AE93
2050-AC71
2050-AF06
2050-AG18
2050-AG20
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Completed Actions
Number
Number
3383
3384
SAN No. 4898 Land Disposal Restrictions Phase III: Decharacterized Wastewaters, Carbamate Wastes, and
Spent Potliners (Completion of a Section 610 Review) [[[
SAN No. 4897 Land Disposal Restrictions Phase II: Universal Treatment Standards, and Treatment Standards for
Organic Toxicity Characteristic Wastes and Newly Listed Wastes (Completion of a Section 610 Review) ....... ...
2050-AQ17
2050-AG19
OIL POLLUTION ACT (OPA)— Long-Term Actions
Number
Number
3385
SAN No. 2634 Revisions to Spill Prevention, Control, and Countermeasures (SPCC) Rule ..... ................................. 2050-AG16
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Proposed Rule
Stage
™e
Regulation
"fentifier
Number
3386 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites; Proposed and Final Rules
3387 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities
2050-AD75
2050-AF03
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage
Regulation
3388
3389
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178) ...............
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions [[[
2050-AE12
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions
3390
3391
SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a)
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004 / Unified Agenda
73803
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
(Continued)
Sequence
Number
3392
Title
SAN No, 4739 Standards and Practices for Conducting All Appropriate inquiries
Regulation
Identifier
Number
2050-AF04
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3393
3394
3395
3396
Title
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No 4822 Effluent Guidelines and Standards: Recodificatlon of Various Effluent Guidelines
SAN No 4932 Effluent Guidelines for the Transportation Equipment Cleaning Point Source Category
Regulation
Identifier
Number
2040-AD39
2040-AD02
2040-AE61
2040-AE65
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3397
3398
3399
3400
3401
Title
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 4543 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act Phase 3 (Reg Plan Sect No 140)
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
SAN No. 4690 Policy Regarding National Pollutant Discharge Elimination System Permit Requirements for Munic-
ipal Wastewater Treatment During Wet Weather Conditions ,
SAN No. 4852 Water Quality Standards for Pathogens and Pathogen Indicators for Coastal Recreation Waters ....
Regulation
Identifier
Number
2040-AD71
2040-AD70
2040-AC58
2040-AD87
2040-AE63
References in boldface appear in the Regulatory Plan in part II of this Issue of the Federal Register.
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
3402
3403
3404
3405
3406
3407
3408
3409
3410
3411
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements ,.
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN No. 4344 Water Quality Standards for Indian Country Waters
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring '..
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMSj Procedures and Guidance for
Clean Water Act Test Procedures ,
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 3786 NPDES Applications Revisions
SAN No. 4623 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions
SAN No. 4746 Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters
Regulation
Identifier
Number
2050-AE87
2040-AD49
2040-AD46
2040-AC75
2040-AC92
2040-AC93
2040-ADQ9
2040-AC84
2040-AD82
2040-AD89
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3412
3413
3414
3415
3416
3417
3418
3419
3420
3421
Title
SAN No 4280 Effluent Guidelines and Standards for the Construction and Development Industry
SAN No. 4406 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry
SAN No. 4407 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revi-
sions) . .,
SAN No 4766 Effluent Guidelines Program Plan for 2004
SAN No. 4378 Test Procedures: Revisions to Method Detection and Quantitation for the Clean Water Act
SAN No. 4474 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act, Phase 2
SAN No. 3288 Comparison of Dredged Material to Reference Sediment
SAN No. 4493 Clean Water State Revolving Fund Regulation Revisions Re: Use as Matching Funds
SAN No. 3925 Uniform National Discharge Standards for Armed Forces Vessels — Phase II
SAN Mo. 4945 Withdrawal of Certain Federal Water Quality Criteria Applicable to Alaska, Arkansas, and Puerto
Rico ,
Regulation
Identifier
Number
2040 A042
2040-AD55
2Q40-AD56
2040-AD92
2040-AD53
2040-AD62
2040-AC14
2040-AD68
2040-AE64
2040-AE67
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
Title
cond Drinking
Regulation
Identifier
Number
2040-AD93
2040-AE60
3422
3423
SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions
SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3424
3425
3426
3427
Title
SAN No. 2340 National Primary Drinking Water Regulations: Groundwater Rule (Reg Plan Seq N
SAN 4341. National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water
(Reg Plan Seq No. 138)
SAN 4342. National Primary Drinking Water Regulations: Stage 2 Disinfection
No. 139)
SAN No. 4703 Drinkina Water Contaminant Candidate List 2
Byproducts Rule
o, 137)
Treatment Rule
(Reg Plan Seq
Regulation
Identifier
Number
2040-AA97
2040-AD37
2040-AD38
2060-AD86
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA}—Long-Term Actions
Sequence
Number
3428
3429
3430
3431
3432
3433
Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements
SAN No. 4745 Drinking Water Contaminant Candidate List 3 ,
SAN No. 4236 Underground Injection Control: Update of State Programs
Regulation
Identifier
Number
2040- AA94
2040-AC13
2040-AD54
2040-AD94
2040-AD99
2040-AD40
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73805
EPA
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3434
3435
Title
SAN No. 4795 National Primary Drinking Water Regulations: Minor Corrections and Clarification to Drinking Water
Regulations
SAN No, 4826 National Primary Drinking Water Regulations: Analytical Method for Uranium
Regulation
Identifier
Number
2040-AE58
2040-AE62
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3436
Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations ,
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3021. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for
Congressionally funded special
appropriation projects and EPA-funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities, The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/05
08/00/06
Regulatory Flexibility Analysis
Required; No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292;
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
Robert Hargrove, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, DEPP-SPMMP, Washington,
DC 20460
Phone: 202 564-0000
Fax: 202-564-0070
Email; hargrove.robert@epamail.epa.gov
RIN: 2020-AA42
3022. 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
03/00/05
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319;
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
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: 202 585-2552
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202-564^379
Fax; 202 565-2552
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—General
Proposed Rule Stage
Email; mcwhirter,eal@epamail,epa.gov
RIN: 2030-AA67
3023. 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
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
06/00/05
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected; Federal
Additional Information: SAN No. 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
3024. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 4l8(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 11/00/04
Final Action 02/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information; SAN No. 4903;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Aye,
Washington, DC 20460
Phone: 202-564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
3025. • ACCESSIBILITY STANDARDS
FOR CONTRACT DELIVERABLES
(SOB)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301, sec 205(c);
41 USC 4l8(b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: This action will amend the
Environmental Protection Agency
Acquisition Regulation (EPAAR) to
require contractors to identify
applicable accessibility standards in
contract deliverables.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4931;
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-AA90
Environmental Protection Agency (EPA)
General
Final Rule Stage
3026. 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
Direct Final Action
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580;
Agency Contact; Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone; 202-564-4368
Fax; 202 565-2475
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73807
EPA—General
Final Rule Stage
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3027. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
(CROMERRR)
Regulatory Plan: This entry is Seq. No.
141 in part II of this issue of the
Federal Register.
RIN: 2025-AA07
3028. 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:
Date FR Cite
Action
NPRM
NPRM Comment
Period End
Final Action
09/14/04 69 FR 55377
10/14/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4693;
Agency Contact: Judy Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202-566-1668
Fax: 202 566-1639
Email; hutt.judy@epa.gov
Deborah Williams, Environmental
Protection Agency, Office of
Environmental Information, 2822-T,
Washington, DC 20460
Phone: 202-566-1659
Fax; 202 566-1648
Email: williams.deborah@epa.gov
RIN: 2025-AA13
3029. MISCELLANEOUS REVISIONS
TO EPAAR CLAUSES
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; 63 Stat.
390 sec (c) 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
Direct Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
3030. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 9/86 EPA issued risk
assessment guidelines relating to five
areas: carcinogenicity, mutagenieity,
chemical mixtures, developmental
toxicants, and estimating exposures.
EPA publishes, and periodically
updates/revises, a series of guidelines
whose purpose is to assist risk
assessors in evaluating the risks of
environmental hazards. The guidelines
were developed to promote high
technical quality and Agency-wide
consistency in the human health risk
assessment process. The Agency began
revising the 1986 guidelines in light of
significant scientific advances in our
understanding of the processes of
carcinogenesis and the modes of
actions of disease at the cellular level.
The revision of these guidelines is in
keeping with the Agency's original
intent when it issued the first risk
assessment guidelines in 1986. The
guidelines were meant to be dynamic,
flexible documents that would evolve
to reflect the current state of the
science and risk assessment practices.
EPA released Draft Final Guidelines in
March 2003 for public comment, along
with a new draft supplemental
guidance document entitled,
Supplemental Guidance for Assessing
Cancer Susceptibility Resulting from
Early-life Exposure to Carcinogens, to
address early-life exposure issues.
(Prior to the 2003 release, guidance on
early life exposure issues was
incorporated into the cancer guideline
document. Early-life exposures issues
were moved into a separate document
anticipating that updates on the science
will be necessary sooner then issues
entailed in the draft final cancer
guidelines.) The Supplemental
Guidance document was peer reviewed
by the SAB in May 2003, The final
documents will be made available for
review by the Science Policy Council
and other governmental agencies prior
to being submitted for Final Agency
Closure. Revisions are being made to
the documents based on comments
received, balanced against input
received during prior SAB reviews and
prior public comment periods. The
workgroups finalizing the Guidelines
represent the major Program Offices
and regional offices.
Timetable:
Action
Date
FR Cite
Final Action
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671;
Agency Contact: William Wood,
Environmental Protection Agency,
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73808
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—General
Final Rule Stage
Office of Research and Development,
8103, Washington, DC 20460
Phone; 202 564-3358
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
3031. 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
rale 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 (OHRP); revise the footnote
found at the end of section .101(1) 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
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4925;
Agency Contact: Dennis Utterback,
Environmental Protection Agency,
Office of Research and Development,
8104R, Washington, DC 20460
Phone: 202-564-6638
Fax: 202 565-2911
Email:
utterback.dennis@epamail.epa.gov
RIN: 2080-AAH
3032. 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 U.S.C. 300f to 300J-26; Solid
Waste Disposal Act, 42 U.S.C. 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 requirements under RCRA
and the SDWA. A second and
subsequent rule will address Phases 111-
V! 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
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536;
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202-566-2183
Fax: 202 566-2220
Email:
heinemann,kristina@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.geraldeepamail.epa.gov
RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
Long-Term Actions
3033. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101-507; PL
102-389; PL 101-549 sec 1001; 42 USC
9605(f); PL 100-590; EO 12432; EO
12138; EO 11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review of affirmative
action programs. They include; (l)
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
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EPA—General
Long-Term Actions
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
to take reasonable race/gender-
conscious measures (e.g., bidding
credits) in the event that race/gender-
neutral efforts prove inadequate to meet
fair share objectives; and (3)
administering "statutory MBE/WBE
objectives as a national goal, allowing
smaller or larger fair share objectives
for particular grants or cooperative
agreements based on the availability
standard.
Timetable:
Action
__
Final Action
Date FR Cite
07/24/03 68 FR 43824
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 4056;
Agency Contact: Kirnberly 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@epamail,epa,gov
David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202-564-4444
Fax: 202 501-0756
Email; sutton.david@epamail.epa.gov
RIN: 2020-AA39
3034. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2.205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.
Timetable:
Action
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
Date FR Cite
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 No, 3240;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone; 202-566-1649
Fax: 202 566-1639
Email: hisel-mccoy.sara@epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20480
Phone: 202-566-1683
Fax: 202 566-1639
Email; sierra.joe@epa.gov
RIN: 2025-AA02
3035. • WASTE ISOLATION PILOT
PLANT (WIPP) FY 2003 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102-529 sec
23(a)(2)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Report to Congress is
required by section 23(a)(2) of the WIPP
Land Withdrawal Act, which requires
EPA to submit an annual report to
Congress "on the status of and
resources required for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant (WIPP). This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as byproducts from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In 1998, EPA
certified that the WIPP complies with
EPA's radioactive waste disposal
standards at subpart B and C of 40 CFR
191 and EPA's WIPP compliance
criteria at 40 CFR 194, and thus is safe
to contain radioactive waste. Since that
time, the DOE has begun emplacing
waste in the WIPP. The waste is stored
approximately 2,100 feet underground
in excavated, natural salt formations,
EPA also has responsibility for assuring
continual compliance with EPA's
radioactive waste disposal standards.
EPA continues to have an oversight role
at the WIPP to ensure that it continues
to protect human health and the
environment, This Report summarizes
EPA's activities past and present,
Timetable:
Action
Date FR Cite
Final Action
12/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4902;
Agency Contact: Lisa Sharp,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-343-9265
Fax: 202 343-2305
Email: sharp.lisa@epamail.epa.gov
Raymond Lee, Environmental
Protection Agency, Air and Radiation,
6602J, Washington, DC 20460
Phone: 202-343-9463
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EPA—General
Long-Term Actions
Email: lee.raymond@epamail,epa.gov
RIN: 2060-AM73
3036. 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
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 OCS
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 OCS
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
12/00/05
12/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 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
3037. 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 (RCRAj and the Safe Drinking
Water Act (SDWA). The rule will 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
NPRM
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73811
Environmental Protection Agency (EPA)
General
Completed Actions
3038. IMPLEMENTATION OF
AUTHORITY TO APPOINT RESEARCH
SCIENTISTS UNDER 42 USC
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed;
3041. CONTINUATION OF
IMPLEMENTING THE EMPOWERMENT
INITIATIVE
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 11/04/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John O'Brien
Phone: 202 564-7876
Fax: 202 564-2904
Email: obrien.johnt@epa,gov
RIN: 2030-AA83
3039. REVISION TO EPAAR
1552.211-73, LEVEL OF EFFORT
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1552
Completed:
Reason
Date
FR Cite
Withdrawn 07/22/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
Phone; 202-564-4369
Fax: 202 565-2551
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3040. BACKGROUND
INVESTIGATIONS FOR
CONTRACTORS PERFORMING
SERVICES ONSITE
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
10/08/04
Withdrawn
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Paul Schaffer
Phone: 202-564-4366
Fax: 202 565-2475
Email; 3chaffer.paul@epamail.epa.gov
RIN: 2030-AA80
Reason
Date
FR Cite
Withdrawn 10/08/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jill Robbins
Phone: 202-566-1981
Fax: 202 565-2475
Email: robbins.jill@epamail.epa.gov
RIN: 2030-AA81
3042. ON-SITE AND OFF-SITE
BACKGROUND CHECKS PERFORMED
BY EPA AND CONTRACTORS
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1511; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Withdrawn 10/08/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Agency Contact: Judy Davis
Phone: 202-564-4310
Email; davis.judy@epamail.epa.gov
RIN: 2030-AA85
3043. CONTRACT BUNDLING
REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1519; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Withdrawn 07/22/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Kantrowitz
Phone: 202-564-4317
Email:
kantrowitz.susan@epamail.epa.gov
RIN: 2030-AA86
3044. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2002 REPORT TO
CONGRESS
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Report to Congress 06/04/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Raymond Lee
Phone: 202-343-9463
Email: Iee.raymond6epamail.epa.gov
RIN: 2060-AK79
3045. • INTENT TO EVALUATE
WHETHER THE WASTE ISOLATION
PILOT PLANT CONTINUES TO
COMPLY WITH THE 40 CFR PART 191
DISPOSAL REGULATIONS AND THE
40 CFR PART 194 COMPLIANCE
CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: PL 102-579; Land
Withdrawal Act
CFR Citation: 40 CFR 191; 40 CFR 194
Legal Deadline: None
Abstract: The Compliance Application
Guidance (previously titled Format and
Content Guide) will be a guidance
document for 40 CFR 194 compliance
criteria. These criteria are being
developed pursuant to the Waste
Isolation Pilot Plant (WIPP) Land
Withdrawal Act and EPA's radioactive
waste disposal standards (40 CFR 191).
The compliance criteria are proceeding
separately in the regulatory process.
These criteria include a number of
requirements that will be used by EPA
to determine if the Department of
Energy's (DOE) application to open the
WIPP complies with 40 CFR 191. The
Format and Content Guide for 40 CFR
194 will l) provide more detailed
information on the completeness
requirements discussed in the criteria,
and it will 2) be used by EPA to judge
if DOE has submitted in its application
the information reqiiired by 40 CFR
194. There may be overlap in this
Format and Content Guide and RCRA
information needs.
Timetable:
Action
Date
FR Cite
Notice
05/24/04 69 FR 29646
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73812
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—General
Completed Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
3538.1; Split from RIN 2060-AG09. ,
Agency Contact: Raymond Lee,
Environmental Protection Agency, Air
and Radiation, 6602J, Washington, DC
20460
Phone: 202-343-9463
Email; lee.raymond@epamail.epa.gov
RIN: 2060-AM60
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3046. 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 5i.lOO{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
Federal 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 5l.lOO(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
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4759;
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919-541-5245
Fax: 919 541-0824
Email;
iohnson.williaml@epamail.epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202-564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov
RIN: 2060-AK75
3047. • REQUEST FOR COMMENTS
ON POTENTIALLY INADEQUATE
MONITORING IN CLEAN AIR
APPLICABLE REQUIREMENTS AND
ON METHODS TO IMPROVE SUCH
MONITORING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61
Legal Deadline: None
Abstract: This advance notice of
proposed rulemaking (ANPRM) is to
ask for .public comments to help us
identify potentially inadequate
monitoring in Federal and State air
quality standards and rules with
respect to the monitoring requirements
of title V of the Clean Air Act. The
ANPRM would also ask for comments
on methods to improve such
monitoring. Specifically, we are seeking
stakeholder input to identify potentially
inadequate monitoring in applicable
requirements, including NSPS,
NESHAP, and State SI rules. We are
also seeking suggestions as to the best
programmatic methods to improve such
monitoring, perhaps by conducting
rulemaking to revise the monitoring in
the applicable requirements directly. In
our final "umbrella monitoring rule"
published January 22, 2004, EPA
explained its interpretation of the
umbrella monitoring provisions of the
operating permit program rules (part
70/71). We explained that those
provisions do not establish a separate
basis for establishing monitoring that
would be different from any monitoring
that may be required under the
"periodic monitoring" rules. In
addition, we stated that to satisfy the
umbrella monitoring rules, operating
permits must contain all monitoring
required by the periodic monitoring
rules and all monitoring required by
applicable requirements, such as
monitoring required by NSPS,
NESHAP, the compliance assurance
monitoring rule, and SIP rules. Also in
the umbrella monitoring rule, EPA
announced a strategy for improving
monitoring in applicable requirements,
where necessary, through rulemaking or
other programmatic means, rather than
solely by improving monitoring in
operating permits on a case-by-case
basis using the part 70 and part 71
rules. This strategy for improving
monitoring is consistent with a legal
settlement we entered into with UARG
and other industry trade groups over
EPA's title V monitoring policy. This
ANPRM is an important part of that
strategy.
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73813
EPA—Clean Air Act (CAA)
Prerule Stage
Timetable:
Action
Date
FR Cite
ANPRM 11/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No.
4699,1; Split from RIN 2060-AK29
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919-541-3195
Fax: 919 541-5509
Email: herring.jeff@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AM63
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3048. 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 No. 4266;
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Washington,
DC 20460
Phone; 919-541-5288
Fax: 919 541-0237
Email; mckee.dave@epamail,epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C539-01, Washington, DC 20460
Phone: 919-541-5271
Fax; 919 541-0237
Email:
richmond.harvey@epamail,epa,gov
RIN: 2060-AI43
3049. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date
FR Cite
NPRM 09/00/05
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649;
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Washington,
DC 20460
Phone: 919-541-1064
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Washington, DC
20460
Phone: 919-541-7774
Email;
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
3050. 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
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73814
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
12/00/04
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No, 4070;
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5246
Fax: 919-541-0824
Email: nikbakht.annie@ep amail. epa.gov
Dave Stonefield, Environmental
Protection Agency, Air and Radiation,
C5 39-02, Washington, DC 20460
Phone: 919-541-5350
Fax; 919 541-0824
Email; stonefield.dave@epamail.epa.gov
RIN: 2060-AH93
3051. 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 by the OSWI
standards. Standards will be set for the
following pollutants: paiticulate matter,
opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon
monoxide, lead cadmium, mercury, and
dioxins and dibenzofurans.
Timetable:
Action
Date
FR Cite
Prop. Stds & Guidance 11/09/00 65 FR 67357
Notice 11/09/00 65 FR 66850
NPRM 12/00/04
Final Action 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 3751;
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-5251
Fax: 919 541-5450
Email: porter,fred@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C-439-01, Research Triangle Park, NC
27711
Phone; 919 541-1045
Fax; 919 541-5450
Email;
way land,robertj@epamail.epa.gov
RIN: 2060-AG31
3052, 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 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 rale 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
NPRM
Final Action
Date
03/00/05
03/00/06
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 3975;
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919-541-5344
Fax: 919 541-5509
Email; rao.raj@epamail.epa.gov
Mark Sendzik, Environmental
Protection Agency, Air and Radiation,
C339-03, Washington, DC 20460
Phone: 919-541-5534
Email: sendzik.mark©epamail.epa,gov
RIN: 2060-AH37
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73815
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3053. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Regulatory Plan: This entry is Seq. No,
118 in part II of this issue of the
Federal Register,
RIN: 2060-AK74
3054. 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
11/00/04
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No, 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, MD- 19, Washington,
DC 20460
Phone: 919-541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Washington, DC
20460
Phone: 919-541-7774
Email:
oldham,eonniesue®epamail,epa.gov
RIN: 2060-AH84
3055. 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(bK2)(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:
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-03, Washington,
DC 20460
Phone: 919-541-5671
Fax: 919 685-3208
Email: collins.jolynn@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone; 919-541-5395
Fax; 919 541-0246
Email: hustvedt,ken@epamail,epa,gov
RIN: 2060-AJ41
3056. NESHAP: PRINTING AND
PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994, -,
Abstract: The amendments will clarify
the rule and ensure it reflects the EPA's
intent.
Timetable:
Action
Date
FR Cite
Proposed Amdmt
Supplemental NPRM
Final Action
05/23/02 67 FR 36476
12/00/04
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Action
Date
FR Cite
NPRM
Final Action
12/00/04
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4310;
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539—03, Washington,
DC 20460
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
G539-03, Research Triangle Park, NC
27711
Phone; 919-541-5499
Fax: 919 541-5689
Email; manning,elaine@epamail.epa.gov
Additional Information: SAN No. 4478; RIN: 2060-AI66
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73816
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3057. 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, 19SS, 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. On
December 15, 2000, a panel of the D.C.
Circuit issued its opinion in National
Lime Assn 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 HAP metals, for which
particulate matter (PM) is a surrogate.
This action will consist of amendments
to respond to the court remand.
Timetable:
Action
Date
FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Joe Wood,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 20460
Phone: 919-541-5446
Fax: 919 541-5600
Email: wood.joe@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone: 919-541-5356
Fax; 919 541-5600
Email; cozzie.david@epamail.epa.gov
RIN: 2060-AJ78
3058. 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
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:
Action
Date
FR Cite
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4654;
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone; 919-541-0837
Fax: 919-541-0942
Email;
markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.Bpa.gov
RIN: 2060-AK09
3059. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 14, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112[f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The 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 air toxics. 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
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4655;
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
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,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax; 919 541-0246
Email: hustvedtken@epamail.epa.gov
RIN: 2060-AK10
3060. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73817
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
develop additional emission standards,
as necessary, to provide an ample
margin of safety.
Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4660;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Fax: 919 541-5600
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
3061. 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
Action
Date
FR Cite
NPRM
Final Action
05/00/05
05/00/06
State of Alabama. We have completed
the risk assessment, received Work
Group comments, and are preparing for
internal peer review.
Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4662;
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2940
Fax: 919 541-5689
Email: jones.rhea@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK18
3062. 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
Action
Date FR Cite
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 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, C-539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.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@epamail.epa.gov
RIN: 2060-AK23
3063. 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
NPRM
Direct Final Action
11/00/04
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4712;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
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73818
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email;
mcdonald.randy@epamail,epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins,robin@epamail.epa.gov
RIN: 2060-AK49
3064. 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
H2(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 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected; Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4750;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Fax; 919 541-5600
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72
3065. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT:
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews; a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensi¥e technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 20460
Phone: 919-541-1167
Fax: 919 541-0840
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
3066. 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 H2(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
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73819
EPA—Clean Air Act (CAA)
Proposed Rule Stage
within the synthetic organic chemical
industry,
Timetable:
Action
Date
FR Cite
NPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4659;
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact*. Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy 6epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax; 919-541-3470
Email; dunkins.robin@epamail.epa.gov
BIN: 2060-AK14
3067. 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
Final Action
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309;
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C5Q4-03, Washington,
DC 20460
Phone: 919-541-5460
Fax: 919 541-0072
Email: moore.bruce@epamail.epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C504-03, Washington, DC 20460
Phone: 919-541-5396
Fax: 919 541-0072
Email; lassiter,penny@epamail.epa.gov
RIN: 2060-AI62
3068. 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 and the potential for
exposure to evaporative benzene
emissions.
Timetable;
Action
NPRM
Final Action
Date FR Cite
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4748;
Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734-214-4584
Fax: 734 214-4050
Email:
lieske.christopher@epamail.epa.gov
RIN: 2060-AK70
3069. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action reinforces the
economic incentives related to the
transition of Article 5 countries to
ozone-depleting substance alternatives.
Currently, Article 5 allowances are
determined as a percentage of total
production allowances assigned to U.S.
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action establishes Article
5 allowances independently of total
production allowances.
Timetable:
Action
Date FR Cite
NPRM 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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73820
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unifled Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 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, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK45
3070. 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 and
limitedly approved and partially and
limitedly 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 SO2 NAAQS.
Timetable:
Action
Date FR Cite
12/00/04
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4542;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR, Denver,
CO 80202
Phone: 303-312-6437
Fax: 303 312-6064
Email; ostrand.laurie@epamail.epa.gov
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Denver, CO 80202
Phone: 303-312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOO
3071. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75ll(a](2)(b);
42 USC 751l(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 10/00/05
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3262;
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Washington, DC
20460
Phone: 734-214-4928
Fax: 734 214-4052
Email:
polovick.buddy@epamail.epa.gov
RIN: 2060-AE22
3072. 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 03/00/05
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 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, Washington,
DC 20460
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73821
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919-541-4417
Fax: 919 541-1903
Email: hanley.tim@epamail.epa.gov
Michael Papp, Environmental
Protection Agency, Air and Radiation,
C339-02, Washington, DC 20460
Phone: 919-541-2408
Fax; 919 541-1903
Email; papp.michael@epamail.epa.gov
RIN: 2060-AJ25
3073. CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE
LOW-SULFUR HIGHWAY DIESEL
FUEL TRANSITION PROGRAM FOR
ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7625-1
CFR Citation: 40 CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy-duty diesel
rule, which was promulgated on
January 18, 2001. That rule established
more stringent national emission
standards for heavy-duty highway
vehicles and engines for the 2007
model year, and a technology-enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low-sulfur highway diesel fuel, as an
alternative to the national transition
program, Our goal in offering this
flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA
intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State infojrraed 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
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4570;
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN-340-F, 6406-J,
Washington, DC 20460
Phone: 202-343-9473
Fax; 202 343-2801
Email: babst.richard@epamail.epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
6407, Washington, DC 20460
Phone: 734-214-4264
Fax; 734 214-4050
Email; machiele.paul@epamail.epa.gov
RIN: 2060-AJ72
3074. 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
11/00/04
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: howell.rinia@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Washington, DC
20460
Phone: 919-541-7774
Email:
oldham.conniesueeepamail.epa.gov
RIN: 2060-AJ83
3075. 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 (CPMSj. 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,
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis. Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) 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 No. 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, D205-02,
Washington, DC 20460
Phone: 919-541-5635
Fax: 919 541-0516
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
3076. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION
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 rale, 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.
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 No. 4621;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 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
3077. MODIFICATION OF
ANTI-DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract; "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFC program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska, We are
proposing this action to address certain
inconsistencies in the RFG program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers,
Today's proposed actions would not
compromise the environmental goals of
the RFG program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
state/local/tribal governments.
Timetable:
Action Date FR Cite
NPRM 12/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No, 4632;
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73823
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Fax; 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3078, TRANSPORTATION
CONFORMITY RULE AMENDMENTS
FOR NEW 8-HOUR OZONE AND
PM2.5 NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7401-7671q
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 hefore new
SIPs are submitted and which
particulate matter provisions of the rule
apply to PM2.5,
Timetable:
Action
Date FR Cite
NPRM 11/05/03 68 FR 62690
Final Action 07/01/04 69 FR 40004
Correction Notice 07/20/04 69 FR 43325
Supplemental NPRM 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected; Federal,
State, Local
Additional Information: SAN No, 4811;
2060-AI56 was merged into this action
May 2004
Agency Contact: Rudolph Kapichak,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone; 734-214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail,epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 734-214-4858
Fax: 734 214-4052
Email: berry.laura@epamail,epa.gov
RIN: 2060-AL73
3079, PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Regulatory Plan: This entry is Seq. No,
119 in part II of this issue of the
Federal Register.
RIN: 2060-AL75
3080. 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 whereby the rule would be
withdrawn 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
Call has been divided into two phases.
Therefore, 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,
where a State submits a NOx SIP that
meets only Phase 1 of the NOx SIP
Call, EPA would need to 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
since approved the Michigan NOx SIP,
In this current action, EPA is proposing
that the SIP meets the 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
12/00/04
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone; 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539—02,
Washington, DC 20460
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
3081. 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
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73824
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4802;
Agency Contact: William Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@eparnail.epa.gov
BIN: 2060-AL89
3082. 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:
Action
Date
FR Cite
NPRM 01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4804;
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9729
Fax; 202-343-2337
Email: newberg.cindy@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamaiLepa.gov
RIN: 2060-AL90
3083. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/05
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4808;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5032
Fax: 919 541-3470
Email; schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone; 919-541-5335
Fax; 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL91
3084. 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 767lq
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
of a settlement between EPA, ARB, and
Engine Manufacturers.
Timetable:
Action
Date FR Cite
NPRM
Final Action
OS/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4405
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73825
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax; 734 214-4053
Email: sherwood.todd@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
3085. 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
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
NPRM
Final Action
10/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
3086. 5-YEAR REVIEW OF MAC?
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
04/00/05
05/00/06
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4829;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C—439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5264
Fax: 919 541-5450
Email: stevenson.walt@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C-439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland,robertj@epamail,epa.gov
RIN: 2060-AL97
3087. 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
04/00/05
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-0837
Fax: 919-541-0942
Email:
markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AL98
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3088. 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. Pollutants to be
regulated are primarily nitrogen oxides
(NOx) and particulates. 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.
Applying these technologies could
result in a 90 percent reduction in
exhaust emissions. The standards will
build on our existing locomotive and
marine diesel engine emission control
programs, and will likely be modeled
on our highway and nonroad diesel
programs. The advanced technologies
we are considering would take
advantage of the fact that low-sulfur
fuel for these engines will already be
available as a result of previous
regulation in our nonroad program.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
06/29/04 69 FR 39276
07/00/05
05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional information: SAN No. 4871;
Agency Contact: Jean—Marie Re veil,
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
3089. 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 04/00/05
Final Action 04/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-03, Washington,
DC 20460
Phone: 919-541-5671
Fax: 919 685-3208
Email: collins.jolynn8epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.keneepamail.epa.gov
RIN: 2060-AM08
3090. 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 7671 q
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
NPRM
Final Action
01/00/05
01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 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.juliusOepamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
3091. 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
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73827
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 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
3092. 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),
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
Final Action
07/00/05
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4875;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email; hustvedt.ken@epamail.epa.gov
RIN: 2060-AM16
3093. 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-
generation reproductive 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
Notice of Receipt of a 07/19/04 69 FR 42954
Complete Petition
NPRM 05/00/05
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
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-AM20
3094. AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEW 8-HOUR OZONE
STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 51
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 will potentially be
required as part of EPA's
implementation of the 8-hour ozone
standard.
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73828
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date
1 1/00/04
10/00/05
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 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
BIN: 2060-AM21
3095. 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 I12(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 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 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@epaniail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax; 919 541-0246
Email: hustvedt,ken®epamail.epa.gov
RIN: 2060-AM22
3096. NESHAP: HYDROCHLORIC ACID
PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et 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 01/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4867;
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell,bill@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C-439-01. Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax; 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM25
3097. STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: Not Yet Determined
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:
Date
FR Cite
Action
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4865;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73829
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone; 919-541-5032
Fax: 919 541-3470
Email; schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone; 919-541-5335
Fax: 919-541-3470
Email: dunkins.robinQepamail.epa.gov
RIN: 2080-AM26
3098. REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
7545[k]
CFR Citation: 40 CFR 80
Legal Deadline: None
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
Fax: 240 363-8260
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
3099. 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. The EPA is
issuing a final rule that removes
ethylene glycol monobutyl ether (EGBE)
from the list of hazardous air pollutants
(HAP). EGBE compromises most of the
air emissions from the metal can
surface coating industry. Removing
EGBE from the HAP list significantly
affects the emission limits, emissions
reductions, and the number of sources
affected by the final rule issued in
November 13, 2004 (68 FR 64432). This
action proposes amendments to the
surface coating of metal cans final rule
to reflect the removal of EGBE from the
hazardous air pollutant list.
Timetable:
NPRM 02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4853;
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone; 202-343-9037
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@epamail.epa.gov
RIN: 2060-AM28
3100. 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
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4864;
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0283
Fax: 919 541-5689
Email:
almodovar.paul@epamail. epa.gov
Action
Data FR Cite
NPRM 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4866;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439—03, 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,
C439-03, Research Triangle Park, NC
27711
Phone; 919-541-5395
Fax: 919 541-0246
Email; hustvedt.ken@epamail.epa.gov
RIN: 2060-AM30
3101. PROPOSAL TO EXEMPT AREA
SOURCES SUBJECT TO NESHAPS
FROM FEDERAL AND STATE
OPERATING PERMIT PROGRAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 502
CFR Citation: 40 CFR 70 and 71
Legal Deadline*. None
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73830
Federal Register /Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
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 Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4868;
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919-541-3195
Fax: 919 541-5509
Email: herring.}eff@epamail.epa.gov
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
3102. 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 tracks, 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 Rule
12/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 734-214-4851
Fax: 734 214-4053
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
3103. PREVENTION OF SIGNIFICANT
DETERIORATION FOR NITROGEN
OXIDES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
September 30, 2004, Signature.
Final, Judicial, September 30, 2005,
Signature.
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 EPA on 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
11/00/04
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Trihal
Additional Information: SAN No. 4881;
Agency Contact: Dan Doroeck,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919-541-5593
Fax: 919 541-5509
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73831
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: deroeck.dan@epamail.epa.gov
RIN: 2Q6Q-AM33
3104. 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
760l(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 (less than 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
NPRM
Final Action
04/00/05
12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 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
3105. 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 10/00/05
Final Action 10/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 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©epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epannail.epa.gov
RIN: 2060-AM43
3106. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
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 the
past 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 performance and
updating emission factors or parameter
values without requiring the permit to
be amended or re-opened; 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
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73832
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
adjust their processes as necessary to
remain under an emissions cap.
Timetable:
Action
Date
FR Cite
NPRM 02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4885;
Agency Contact: Chad Carbone,
Environmental Protection Agency, Air
and Radiation, 1807 T, Washington, DC
20460
Phone; 202-566-2178
Fax; 202 566-2211
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
BIN: 2060-AM45
3107. 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
after this review, we will determine if
these amendments are necessary.
Timetable:
Action
Date
FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4905;
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax; 919 541-5689
Email: salman.dave@epa.gov
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@epamail.epa.gov
RIN: 2060-AM47
3108. CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
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
Final Action
12/00/04
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 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
3109. 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. NOTE:
Substitute-refrigerant issues had
previously been addressed by another
rulemaking effort which is now listed
as "withdrawn" in the "completed"
section of this Regulatory Agenda (SAN
3560.1). Further work on these issues
will be performed under SAN 4916.
Timetable:
Action
Date
FR Cite
NPRM 02/00/05
Final Action 08/00/05
.Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4916;
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,
6205-J, Washington, DC 20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM49
3110, PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2005
Priority; Other Significant
Legal Authority; 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
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
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73833
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 I, 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
11/00/04
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
3111. 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; 42 USC
7601; 42 USC 7671 to 7671q
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 28860). 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. This
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
07/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4901;
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205-J, Washington, DC
20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM55
3112. 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
01/00/05
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
3113. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR);
MAINTENANCE AND REPAIR
AMENDMENTS
Priority: Economically 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: This rulemaking is a follow
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR parts 51 and
52). SAN 4676's final action — referred
to as the "equipment replacement
provision" (ERP) — was promulgated
in the Federal Register on 10/27/03 (68
FR 61248). This action, SAN 4676,3,
would propose more detailed
approaches for establishing a regulatory
definition for maintenance and repair
activities (that are not equipment
replacements) that fall within the
RMRR Exclusion from major NSR,
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/05
04/00/06
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73834
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C3 39-03, Research Triangle Park, NC
27711
Phone: 919-541-5795
Fax: 919 541-5509
Email;
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AMB2
3114. * PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE (COATINGS)
Priority: Economically Significant
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 ! and class II ozone
depleting substances used in
connection with the manufacture and
use of coatings. This will ensure that
nPB is used in a manner that is safe
and environmentally protective.
Timetable:
Action
Date
FR Cite
NPRM 12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4599.1; Split from RIN 2060-AK26.
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 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.margaretSeparnail.epa.gov
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9079
Fax: 202 343-2338
Email: birgfeld.erin@epamail.epa.gov
RIN: 2060-AM65
3115. • AREA SOURCE NESHAP FOR
STAINLESS AND NONSTAINLESS
STEEL ELECTRIC ARC FURNACE
(EAF) MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: There are approximately 93
small steel mills (minimills) that melt
steel scrap in 142 electric arc furnaces
(EAF). Minimills account for roughly
half of US steel production (50 million
tons per year). The scrap charged to
the furnace is the source of HAP
emissions. A major source of scrap is
recycled automobiles, which may
contain mercury switches, lead
components, oil, grease, plastics, and
other materials that can contribute to
HAP emissions. Pollutants of interest
for the EAF NESHAP are manganese,
lead, chromium, nickel, and mercury.
Timetable:
Action
Date FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4889;
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
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax; 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
3116. * NESHAP: GENERAL
PROVISIONS—AMENDMENTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: The proposed amendments
would revise and codify EPA's policy
on when a major source can become
an area source, and thus become not
subject to national emission standards
for hazardous air pollutants (NESHAP)
for major sources. EPA is reconsidering
the policy, established in May 16, 1995
memorandum, which allows sources to
attain area source status prior to the
source's first substantive compliance
date of an applicable NESHAP for
major sources. No source would be
subject to the requirements unless they
voluntarily decided to implement them,
Timetable:
Action
Date FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 4908;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
Sally Shaver, Environmental Protection
Agency, Air and Radiation, C504-04,
Research Triangle Park, NC 27711
Phone: 919-541-5572
Fax; 919-541-0072
Email; shaver.sally@epamail.epa.gov
RIN: 2060-AM75
3117. • NESHAP: INTEGRATED IRON
AND STEEL; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73835
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
integrated iron and steel facilities on
May 20,2003, The EPA was
subsequently petitioned by industry
and Earthjustice concerning several
issues. The EPA has engaged in
negotiations with both industry and
Earthjustice concerning the issues and
is issuing these amendments to address
the concerns. The amendments clarify
several sections of the rule and provide
clearer and consistent directions on
complying with the standards,
Timetable:
Action
Date FR Cite
NPRM
05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4909;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Fax; 919 541-5800
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM76
3118. • NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This amendment will make
technical corrections, clarify intent, and
propose changes to the testing
requirements for risk assessments.
Timetable:
Action
Date
FR Cite
NPRM 02/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4911;
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
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919-541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM78
3119. "NEW SOURCE
PERFORMANCE STANDARDS (NSPS)
FOR STATIONARY COMBUSTION
TURBINES
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
February 9, 2005, Must propose
revision to NSPS.
Final, Judicial, February 9, 2006, Must
promulgate final rule.
Abstract: Stationary combustion
turbines emit varying amount of air
pollutants. These emissions have effects
on both human health and the
environment. New source performance
standards set the minimum level of
control for criteria pollutants
(maximum emission rate) for new
emission sources. These standards help
to assure that new sources of pollution
do not release excessive amounts of
pollution to the atmosphere. This
action is necessary since the Clean Air
Act requires these standards to be
reviewed periodically. The
Environmental Protection Agency
intends to review and, if appropriate,
revise the new source performance
standards for combustion turbines. New
combustion turbines will be affected by
this action. This action will ensure that
the standards properly account for
presently economically available
pollution prevention and pollution
control technologies.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/05
03/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected; None
Additional Information: SAN No. 4912;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone; 919-541-4003
Fax; 919 541-5450
Email;
fellner.christian@epamaiLepa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, C439-Q1,
Research Triangle Park, NC 27711
Phone: 919-541-5340
Fax; 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM79
3120.* NEW SOURCE
PERFORMANCE STANDARDS (NSPS)
FOR ELECTRIC UTILITY STEAM
GENERATING UNITS AND
INDUSTRIAL AND COMMERCIAL
BOILERS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
February 9, 2005, Under consent with
Sierra Club and Our Children's Earth
Foundation must propose revision to
the NSPS standards.
Final, Judicial, February 9, 2006, Under
consent with Sierra Club and Our
Children's Earth Foundation must
promulgate revision to the NSPS
standards.
Abstract: Electric utility steam
generating units and industrial and
commercial boilers emit varying
amount of air pollutants. These
emissions have effects on both human
health and the environment. New
source performance standards set the
minimum level of control for criteria
pollutants (maximum emission rate) for
new emission sources. These standards
help to assure that new sources of
pollution do not release excessive
amounts of pollution to the
atmosphere. This action is necessary
since the Clean Air Act requires these
standards to be reviewed periodically.
The Environmental Protection Agency
intends to review and, if appropriate,
revise the new source performance
standards for electric utility steam
generating units and industrial and
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73836
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
commercial boilers. New utility steam
generating units (40 CFR part 60,
subpart Da) and industrial and
commercial boilers (40 CFR part 60,
subparts Db and DC) will be affected
by this action. This action will ensure
that the standards properly account for
presently economically available
pollution prevention and pollution
control technologies.
Timetable;
Action
Date FR Cite
NPRM
Final Action
03/00/05
03/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4913;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-4003
Fax; 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM80
3121. « NEW SOURCE
PERFORMANCE STANDARDS (NSPS)
FOR RECIPROCATING INTERNAL
COMBUSTION COMPRESSION
IGNITION ENGINES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act sec ill
CFR Citation: None
Legal Deadline: None
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion compression
ignition (diesel) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a tight litigated schedule that has
been agreed on in principle to propose
by June 05 and to promulgate by June
06. Information gathering will begin in
early April 04 and will result in the
development of regulatory packages to
propose and promulgate an NSPS
standard.
Timetable:
Action
Date
FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4914;
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone; 919-541-5263
Fax: 919 541-5450
Email; roy,sims@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM81
3122. » NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Coke Ovens:
Pushing, Quenching, and Battery Stacks
on April 14, 2003. EPA was
subsequently petitioned by industry
concerning several technical issues.
EPA has engaged in negotiations with
industry concerning the resolution of
these issues and has agreed to propose
amendments to address them,
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
11/00/04
11/00/04
Government Levels Affected: None
Additional Information: SAN No. 4919;
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-2910
Email: melton,lula@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM83
3123. « NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
iron and steel foundries on April
22,2004. The EPA was subsequently
petitioned by industry and Earthjustice
concerning several issues. The EPA has
engaged in negotiations with both
industry and Earthjustice concerning
the issues and is issuing these
amendments to address the concerns.
The amendments clarify several
sections of the rule and provide clearer
and consistent directions on complying
with the standards.
Timetable:
Action
Date FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4927;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone; 919-541-5289
Fax: 919 541-5600
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73837
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 541-5450
Email: fruh.steve@epamaiLepa.gov
RIN: 2060-AM85
3124. • NESHAP: TACONITE IRON
ORE PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
technical issues, EPA has engaged in
negotiations with NWF concerning the
issues and is issuing these amendments
to address their concerns. The
amendments clarify several sections of
the rule and provide clearer and
consistent directions on complying
with the standards.
Timetable:
Action
Date FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
3125. « PART 63 GENERAL
PROVISIONS—RESPONSE TO
PETITION TO RECONSIDER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This notice will propose a
response to the Natural Resource
Defense Council's petition to reconsider
certain aspects of the May 30, 2003
amendments to the part 63 General
Provisions. The primary issue is public
access to startup, shutdown, and
malfunction plans. At this point it is
not known if there will be any
regulatory revisions.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 4934;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone; 919-541-5262
Fax: 919 541-5600
Email; colyer.rick@epamail.epa.gov
Sally Shaver, Environmental Protection
Agency, Air and Radiation, C504-04, •
Research Triangle Park, NC 27711
Phone: 919-541-5572
Fax: 919-541-0072
Email: shaver.sally@epamail.epa.gov
RIN: 2060-AM89
3126. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
dba Newmont Mining Corporation
(Newmont) that stated that the
December 31, 2002 (67 FR 80185) final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
is announcing reconsideration of this
issue arising from our final rules of
December 31, 2002.
Action
Date FR Cite
NPRM
Final Action
06/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4940;
Agency Contact: Pam Long,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-0641
Fax; 919 541-5509
Email: long.pam@epamail,epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-5795
Fax: 819 541-5509
Email:
hutchinson,lynn®epamail.epa.gov
RIN: 2060-AM91
3127. » FEDERAL IMPLEMENTATION
PLANS TO REDUCE INTERSTATE
TRANSPORT OF FINE PARTICULATE
MATTER AND OZONE
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 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This action proposes Federal
implementation plans that may be
needed if States fail to revise their State
implementation plans to comply with
the "Rule to Reduce Interstate
Transport of Fine Particulate Matter
and Ozone (Clean Air Interstate Rule)."
The Clean Air Interstate Rule, which
EPA proposed in January 2004, would
establish statewide emissions reduction
requirements for nitrogen oxides (NOx)
and sulfur dioxide (SO2) in order to
eliminate the emissions that are
significantly contributing to fine
particulate matter (PM2.5) and 8-hour
ozone nonattainment problems in
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
downwind States, NOx and SO2 are
precursors to PM2.5 pollution; NOx is
also a precursor to ozone pollution.
Controlling these emissions will assist
the downwind areas in meeting the
PM2.5 and 8-hour ozone national
ambient air quality standards. In. the
FIP action, EPA intends to propose
Federal NOx and SO2 trading programs
for electric generating units. The EPA
is required to promulgate a FIP within
2 years of; 1) finding that a State has
failed to make the required SIP
submlttal, 2) finding that the submittal
received does not satisfy the minimum
SIP completeness criteria, or 3)
disapproving a SIP in whole or in part.
The EPA is required to promulgate the
FIP unless EPA has approved, within
the 2-year time period, a SIP that
corrects the identified deficiency.
Timetable:
Action
Date
FR CHe
NPRM 11/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No, 4933;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla4Sepamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone; 919-541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM93
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3128. 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
NPRM
Notice
Reproposal
Date
09/08/99
01/26/00
03/00/05
FR Cite
64 FR 48725
65 FR 4244
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4315;
Formerly listed as RIN 2060-AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105
Phone: 415-947-4106
Fax: 415-947-3579
Email; mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520-498-0118
Fax: 320^98-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3129. 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
Reproposal 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569;
NPRM-
http://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.ntm,; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105
Phone: 415-947-4106
Fax: 415-947-3579
Email: mcdartiel,doug@epamail,epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.eolleen©epamail.epa.gov
RIN: 2009-AAOl
3130. 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
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73839
EPA—Clean Air Act (CAA)
Final Rule Stage
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 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 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
3131. 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 I65(e); CAAA 172(a);
CAAA 172(c); 42 USC 7601 CAAA
301(a)(l); CAAA 320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action would revise the
Guideline on Air Quality Models,
published as appendix W to 40 CFR
part 51. The Guideline provides EPA-
recommended models for use in
predicting ambient concentrations of
pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. The Guideline fulfills a Clean
Air Act mandate for EPA to specify
models for air management purposes.
This revision would enhance the
Guideline by incorporating a new,
general-purpose dispersion model
called AERMOD, which would replace
the existing Industrial Source Complex
(ISC3) model in many air-quality
assessments, including those involving
complex terrain. An earlier version of
the AERMOD revision was previously
proposed (65 FR 21505, 4/21/2000; see
SAN 3470), but not promulgated. In
response to public comments received
on the April 2000 proposal, we
integrated the PRIME downwash
algorithm and made other incidental
modifications, creating
AERMOD(02222). On September 8,
2003, we issued a Notice of Data
Availability (NDA) to announce the
AERMOD revisions, and to reveal new
performance data. Public comments
taken for 30 days have now been
summarized and Agency responses are
being developed that support the
intended action.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
04/21/00 65 FR 2 1505
09/08/03 68 FR 52934
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3470.1; Split from RIN 2060-AF01.
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, D243-01, 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
3132, AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF 4
COMPOUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 740?(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;
l,l,l,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
11/00/04
FR Cite
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4683;
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919-541-3356
Fax: 919 541-0824
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EPA—Clean Air Act (CAA)
Final Rule Stage
Email; sanders.dave@epamail.epa.gov
WilliainL Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Washington, DC 20460
Phone: 919-541-5245
Fax: 919 541-0824
Email;
johnson.williaml@epamail.epa.gov
RIN: 2Q6Q-AK37
3133, 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 740i(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/22/93 58 FR 61639
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax: 919 541-1039
Email: ricks.solomon@epaniail.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
3134. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/08/97 62 FR 64532
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900;
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243-02, Washington,
DC 20460
Phone: 919-541-1062
Fax: 919 541-1039
Email; mcalister.gary@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D 24 3-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AG88
3135. CLEAN AIR OZONE
IMPLEMENTATION RULE (PART 1
AND PART 2)
Regulatory Plan: This entry is Seq, No,
128 in part II of this issue of the
Federal Register.
RIN: 206Q-AJ99
3136, 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 app J; 40 CFR 63 -
app 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 and proposed 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
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EPA—Clean Air Act (CAA)
Final Rule Stage
effects and welfare (agricultural,
ecosystem) effects have been attributed
to concentrations of ozone commonly
measured in the ambient air throughout
the United States.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM(NSPS)
Supp NPRM 1
Supp NPRM 2
NPRM Amendment
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
06/30/04 69 FR 39383
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax; 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AE94
3137. 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.
NPRM 10/07/92 57 FR 46114
Supplemental NPRM 05/08/03 68 FR 24692
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax: 919 541-1039
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
3138. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60.270 to 60.276a
Legal Deadline: None
Abstract: Sources affected by the NSPS
for electric arc furnaces (subparts AA,
and AAa) have expressed concerns
with the requirements in the NSPS to
use a continuous opacity monitor
(COM) to monitor opacity and report
periods when the COM indicated
greater than 3 percent opacity as
periods of excess emissions, and have
petitioned the EPA to reconsider the
COM requirements. These concerns
arise from recent information that
indicate that COM readings may have
an error of up to 4 percent, which in
itself is greater than the 3 percent
excess emissions threshold. The EPA is
reconsidering the COM requirements,
and may amend the NSPS to add
alternative monitoring requirements.
Timetable:
Action
Date
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 No. 4555;
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Washington,
DC 20460
Phone: 919-541-2364
Fax: 919 541-5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email; fruh.steve@epamail.epa.gov
RIN: 2060-AJ68
3139. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Methods 3A, 6C, 7E, 10, and
20 of 4.0 CFR part 80, appendix A are
instrumental methods that are being
revised to make their performance
criteria consistent. Analyzer calibration
error tests and sampling system bias
tests now required in Methods 3A, 6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997, in an announcement
entitled "Amendments for Testing and
Monitoring Provisions." They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
the methods. The commenters
requested a reproposal of these revision
to the instrumental methods to allow
for adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemical!}7.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
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EPA—Clean Air Act (CAA)
Final Rule Stage
add flexibility to the testing provisions Timetable:
currently in place and will not add Action
requirements or affect the stringency of
the underlying emission standards,
Timetable:
Action Date FR Cite
Date
FR Cite
10/10/03 68 FR 58838
11/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4161;
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD- 19, Washington,
DC 20460
Phone: 919-541-1063
Email: curtis, foston@epamail.epa.gov
RIN: 2060-AK61
3140. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received a
petition to remove methyl ethyl ketone
(MEK) from the list of hazardous air
pollutants (HAPs) under section 112(b)
of the Clean Air Act. The Agency must
review the petitions and either grant or
deny the petition within 18 months of
the date the complete petition was
received. If the Agency grants a
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under section 112(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each,
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4313;
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-Q1, 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
3141. CLEAN AIR MERCURY RULE-
ELECTRIC UTILITY STEAM
GENERATING UNITS
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2060-AJ65
3142. 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,
Final, Judicial, March 31, 2005,
Consent Decree; still holding
discussions re what day in March 2005
rule will need to be signed,
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
08/09/04 69 FR 48338
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4620;
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
Email: melton,lula@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-AJ96
3143. 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
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73843
EPA—Clean Air Act (CAA)
Final Rule Stage
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
NPRM
Final Action
03/17/03 68 FR 12645
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4713;
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK50
3144, 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 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
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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,
C439-03, Research Triangle Park, NC
27711
Phone; 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK51
3145. 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
strategy of first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
There also are no significant policy
issues.
Timetable:
Action
Date FR Cite
Proposed Amdt 05/15/03 68 FR 26249
Final Action 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4719;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919 541-5600
Email: colyer.rick©epamail,epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax; 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK54
3148. 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 I12(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 —Deiisting 04/07/04 69 FR 18327
NPRM-STAY 04/07/04 69 FR 18338
Fina! Action-STAY 08/18/04 69 FR 5118
Final Action - Deiisting 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information; SAN No. 4751;
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Washington,
DC 2046D
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-AK73
3147, 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
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4763;
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5124
Fax: 919 541-3470
Email: johnson.warren@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax; 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK80
3148, 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
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information; SAN No. 4689;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email; oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3149. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 752i(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 No. 3910;
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734-214-4450
Email; good.david@epamail.epa.gov
RIN: 2060-AH34
3150. 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;
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73845
EPA—Clean Air Act (CAA)
Final Rule Stage
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities, This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the market place. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability for the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Timetable:
Action
NPRM
Notice
Final Action
Date
07/20/98
05/14/99
12/00/04
FR Cite
63 FR 38767
64 FR 264 10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4030
Agency Contact: Dan Harrison,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4281
Email; harrison.dan@eparnail.epa.gov
RIN: 2060-AH52
3151. 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 760l(a)
CFR Citation: 40 CFR 80.91(b)(l](i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1, 1995
in the development of baselines, and
it would establish a cut-off date of
January 1, 2002 for the submission of
all individual baselines under the anti-
dumping program. This date is the
same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.)
Timetable:
Action
Date FR Cite
Direct Final Action
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4604
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 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, Washington,
DC 20460
Phone; 202-564-5593
Email: simms,patrice@epamail.epa.gov
RIN: 2060-AJ82
3152. 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
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 04/02/04 69 FR 17532
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4757
Sectors Affected: 3361 Motor Vehicle
Manufacturing
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734-214-4502
Fax; 734 214-4053
Email; hormes.linda@epamail.epa.gov
RIN: 2060-AK76
3153. 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
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EPA—Clean Air Act (CAA)
Final Rule Stage
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
Supplemental NPRM
Final Action
03/24/94 59 FR 13912
02/12/96 61 FR5840
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 2665;
Agency Contact: Bob Doyal,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone; 202 343-9258
RIN: 2060-AI03
3154. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767lc
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: With this action, EPA is
revising 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 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 uses from
the 2005 phaseout of methyl bromide.
In addition, the rule will limit the
amount of methyl bromide available
from inventories for critical uses.
Because this is an exemption to the
phaseout it confers a benefit on affected
entities. The rule will allocate
quantities of methyl bromide for critical
use exemptions for 2005 based on
amounts of methyl bromide authorized
by the Parties to the Montreal Protocol.
This allocation of quantities was
previously to be proposed in a separate
action under SAN 4820, but the
rulemakings were combined.
Timetable:
Action
Date
FR Cite
NPRM 08/25/04 69 FR 52366
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected; None
Additional Information: SAN No. 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, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: laEd.tom@epamail.epa.gov
RIN: 2060-AJ63
3155. 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-propyl bromide (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 the specific
applications in which it may be used
to those with low emissions and
requiring exposure limits consistent
with industry practices. This will
ensure that nPB is used in a manner
that is safe and environmentally
protective. OSHA does not currently
regulate nPB. EPA would revise our
ruling to adopt whatever OSHA
requires if OSHA later regulates the use
of nPB. If finalized as proposed, this
rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date FR Cite
NPRM
NPRM Correction
Final Action
06/03/03 68 FR 33284
10/02/03 68 FR 56809
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205], Washington, DC
20460
Phone; 202-343-9163
Fax; 202 343-2338
Email;
sheppard.margaret@epamail.epa.gov
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73847
EPA—Clean Air Act (CAA)
Final Rule Stage
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone; 202-343-9079
Fax: 202 343-2338
Email; birgfeld.erin@epamail.epa,gov
BIN; 2060-AK26
3156, 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
11/00/04
Fax; 206 553-0110
Email:
islam.mahbubul@epamail.epa.gov
BIN: 2012-AA01
3157. 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 5i.lOO(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:
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 4487;
EPA Region 10 would be responsible
for implementing and enforcing these
proposed rules. Tribes can choose to
assist EPA or take over responsibility
for their reservations, and EPA would
provide funding to tribes through grants
to support their efforts.
Agency Contact: Debra Suzuki,
Environmental Protection Agency,
Regional Office Seattle, OAQ-107,
Washington, DC 20460
Phone: 206-553-0985
Fax: 206-553-0110
Email: suzuki.debra@epamail,epa.gov
Mahbubul Islam, Environmental
Protection Agency, Regional Office
Seattle, OAQ-107, Washington, DC
20460
Phone: 206-553-6985
Action
Date
FR Cite
NPRM
Final Action
09/30/99 64 FR 52731
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information; SAN No. 4254;
Agency Contact: William Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax; 919 541-0824
Email; johnsan.williaml©epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202-564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov
RIN: 2060-AI45
3158. CLEAN AIR VISIBILITY RULE
Regulatory Plan: This entry is Seq. No,
126 in part II of this issue of the
Federal Register.
RIN: 2060-AJ31
3159. 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 87.3l(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 (1CAO), 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
NPRM
Final Action
09/30/03 68 FR 56226
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 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
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73848
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, 6407, Washington, DC
20460
Phone; 734-214-4832
Fax: 734 214-4018
Email: manning.bryan@epamail,epa.gov
RIN: 2060-AK01
3160. REGULATION OF FUEL AND
FUEL ADDITIVES: EXTENSION OF
CALIFORNIA ENFORCEMENT
EXEMPTIONS FOR REFORMULATED
GASOLINE TO CALIFORNIA PHASE 3
GASOLINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80.81
Legal Deadline: None
Abstract: EPA is proposing to exempt
refiners, importers, and blenders of
gasoline subject to the State of
California's reformulated gasoline
regulations from certain enforcement
provisions in the federal reformulated
(RFC) regulations. Certain exemptions
under the federal RFC program already
apply to California Phase 2 gasoline,
but additional exemptions are
necessary to cover Phase 3 gasoline.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/11/04 69 FR 48827
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4634;
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne—Marie
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406],
Washington, DC 20460
Phone; 202-343-9623
Email: pastorkovich.anne-
marie@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406],
Washington, DC 20460
Phone: 202-343-9022
Fax; 202 343-2802
Email; kortum.dave@epamail,epa.gov
RIN: 2060-AK04
3161. 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 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone; 734-214-4287
Fax: 734 214-4816
Email:
bTunner.christine@epamail.epa.gov
RIN: 2060-AK56
3162. 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
rulemaking (NPMM) were 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 11/05/01 66 FR 55885
Final Action 2 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73849
EPA—Clean Air Act (CAA)
Final Rule Stage
3163, 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
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 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, Washington,
DC 20460
Phone: 202-564-5593
Email; simms,patrice@epamail,epa,gov
BIN: 2060-AK69
3164, 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(e); 42 USC 7454(k); 42 USC 7601
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Through the Clean Air Act
Amendments of 1990, Congress
mandated that EPA promulgate
regulations for reformulated and
conventional gasoline. The purpose of
this mandate was to reduce vehicle
emissions of toxic and ozone-forming
compounds, EPA published the
regulations on February 16, 1994, On
July 11, 1997, EPA published a
proposed rule that included various
minor adjustments to the 1994 rule.
The emissions benefits achieved from
the reformulated gasoline and
conventional gasoline programs would
not be reduced by the proposed
changes. On December 31, 1997, EPA
finalized many of the proposed
changes. This rule would finalize
certain other of the remaining changes
that were not included in the December
31, 1997, final rule. These changes
make minor adjustments to the
structure of the reformulated gasoline
and conventional gasoline programs,
correct technical errors, and codify
guidance previously issued by the
Agency. This rule also makes several
minor technical corrections to the
reformulated gasoline rule which were
not included in the aforementioned
July 11, 1997 proposal, and makes
minor technical corrections to the
gasoline sulfur rule.
Timetable:
Action
Final Action
Date FR Cite
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4758;
Sectors Affected: 42271 Petroleum
Bulk Stations and Terminals; 32411
Petroleum Refineries
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Fax; 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
316S. CLEAN AIR INTERSTATE RULE
FORMERLY TITLED: INTERSTATE AIR
QUALITY RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 74lo(a)
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 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.
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73850
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Further, EPA will conduct updated
transport analyses to determine
whether emission reductions beyond
the already-promulgated NOx SIP Call
(63 FR 57355) are warranted for
purposes of the 8-hour ozone standard.
Under the Clean Air Interstate 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 06/10/04 69 FR 32683
Notice of Data 08/06/04 69 FR 47828
Availability
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects; Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 4794;
URL For More Information:
www.epa.gov/interstateairquality
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax; 919 541-0824
Email; oldham.carla@epamail,epa,gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504—02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Fax: 919 541-5489
Email; paisie,joe@epamail.epa.gov
RIN: 2060-AL76
3166. LIST OF HAZARDOUS AIR
POLLUTANTS, PETITION PROCESS,
LESSER QUANTITY DESIGNATIONS,
SOURCE CATEGORY LIST: PETITION
TO DELIST ETHYLENE GLYCOL
MONOBUTYL ETHER
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 lexicological 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
NPRM
Final Action
Date FR Cite
11/21/03 68 FR 65648
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4800;
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.kellySepamail.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-AL87
3167. 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
in the affected area. Area designations
of attainment/unclassiflable mean 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
can not make a determination for the
area. States and tribes were requested
to make their designation
recommendations to EPA by February
2004. EPA reviewed the designation
recommendations submitted by the
States and tribes and made
modifications as deemed appropriate,
EPA is required by the CAA to notify
States and tribes of any modifications
that they intend to make to their
recommendations no later than 120
days prior to promulgation of the
designations. This time period is meant
to provide States and tribes an
opportunity to make a case for why
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73851
EPA—Clean Air Act (CAA)
Final Rule Stage
EPA's modifications may be
inappropriate. EPA notified States and
tribes of the intended changes to their
recommendations on June 29, 2004.
The final date for promulgating
designations for PM-2.5 is November
17, 2004, The effective date of the
designations will be 60 days following
the promulgation of the designations in
the Federal Register.
Timetable:
Action Date FR Cite
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4840;
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02,
Washington, DC 20460
Phone; 919-541-0906
Fax; 919 541-5489
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,ricfa®epamail.epa.gov
RIN: 2060-AM04
3168. 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 CFG
and HCFC refrigerants.
Timetable:
Action Date FR Cite
NPRM 06/11/98 63 FR 32044
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
3560.2; Split from RIN 2060. Split from
RIN 2060-AF3 7.
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, 1200
Pennsylvania Ave, Washington, DC
20460
Phone; 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM05
3169. 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 to the national emission
standards for hazardous air pollutants
for asphalt processing and asphalt
roofing manufacturing that will correct
minor errors in that rule.
Timetable:
Action
Date
FR Cite
Direct Final Rule 02/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4855;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919 541-5600
Email; colyer.rick@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C-504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5596
Fax: 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM10
3170. 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
06/21/04 69 FR
634326
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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
3171. 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
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4863;
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504—05, Research
Triangle Park, NC 27711
Phone: 919-541-5605
Fax: 919-541-5600
Email: barnett.keith@epamaiS.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Washington, DC 20460
Phone; 919-541-5356
Fax; 919 541-5600
Email; cozzie.david@epaniail.epa.gov
RIN: 2060-AM23
3172. 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 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This direct final rule updates
the current SNAP list of acceptable
alternatives for ozone-depleting
substances in the fire suppression and
explosion protection sector. The
revisions to the SNAP lists will be done
through a "direct final" rulemaking
because we view them as non-
controversial and anticipate no adverse
comment. In this direct final rule, we
are introducing new substitutes giving
businesses and users additional
flexibility in safely transitioning away
from ozone-depleting halons in the fire
protection sector. This action does not
place any significant burden on users
but provides new halon substitutes
while continuing to protect human
health and the environment.
Timetable:
Action
Date
FR Cite
Direct Final Rule
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 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@eparnail.epa.gov
RIN: 2060-AM24
3173, TEST PROCEDURES FOR
HIGHWAY AND NONROAD ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
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
09/10/04 69 FR 54846
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
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Federal Register/ Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73853
EPA—Clean Air Act (CAA)
Final Rule Stage
3174. REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority; 42 USC 7414; 42 USC
7545; 42 USC 760l(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), Except as specified below, the
American Petroleum Institute (API)
recently recommended these test
method changes to the Agency. The
Agency has evaluated these
recommended test methods 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) update
ASTM analytical test methods, ASTM
D 2622, ASTM D 3120, ASTM D 5453,
ASTM D 1319 and ASTM D 4815 to
their most recent ASTM version, 2)
update the regulations to refer to
analytical test method ASTM D 6920-
03 in our regulations, rather than
ASTM D 6428-99, 3) change the
designated test method for measuring
sulfur in butane to ASTM D 8667-01,
and continuing to allow ASTM D 3246-
96 as an alternative test method for
measuring sulfur in butane until the
Agency promulgates a performance-
based test method approach, 4) upon
petition to the Agency by X-Ray Optical
Systems, Inc., allow an additional
alternative test method for measuring
sulfur in gasoline, ASTM D 7039-04,
and 5) remove the September 1, 2004,
sunset provisions for the alternative
analytical test methods, ASTM D 1319,
which measures aromatics in RFG and
CG, and ASTM D 4815, which
measures oxygenate content in RFG and
CG, These alternative test methods will
be continued to be allowed to be used
until the Agency promulgates a
performance-based test method
approach for qualifying alternative
analytical test methods.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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: korturn.dave@epamail.epa.gov
RIN: 2060-AM42
3175. 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 FA A
and DOT regulations,
Timetable:
Action
Date
FR Cite
Direct Final Rule 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 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.iabeen@epamail.epa.gov
RIN: 2060-AM46
3176. PROTECTION OF
STRATOSPHERIC OZONE:
SUBSTITUTE REFRIGERANT
RECYCLING; AMENDMENT TO THE
DEFINITION OF REFRIGERANT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 82.l54(a]
Legal Deadline: None
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, rale that
maintained the statutory venting
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73854
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 riot damage the ozone layer.
EPA has not been granted authority to
promulgate such regulations under the
CAA,
Timetable:
Action
Date
FR Cite
Direct Final Rule 11 /OQ/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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, 1200
Pennsylvania Ave, Washington, DC
20460
Phone; 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM51
3177. 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 Rule 02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 48S2;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 019-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email; dunkins.robin@epamail.epa.gov
RIN: 2060-AM52
3178. 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 767ik
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
Ffl Cite
Direct Final Rule 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4918;
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone; 202-343-9079
Fax; 202 343-2338
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@epaniail.epa.gov
RIN: 2060-AM54
3179. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR) EQUIPMENT
REPLACEMENT PROVISION (ERP);
RECONSIDERATION
Priority: Economically 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: This rulemaking is a follow
up to SAN 4676, a final rule that
specifies categories of equipment
replacement activities that would
qualify as. "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR parts 51 and
52). SAN 4676's final action — referred
to as the "equipment replacement
provision" (ERP) — was promulgated
in the Federal Register on 10/27/03.
(The rule was subsequently stayed by
the US Court of Appeals (DC Circuit)
on 12/24/03; see SAN 4676.1, RIN
2060-AM57, elsewhere in this
Regulatory Agenda.) EPA received
petitions for reconsideration from a
number of environmental and public
interest groups and a group of states
on several issues in the ERP. This
action, SAN 4676.2, grants
reconsideration of three issues
contained in those petitions: our legal
basis for the ERP, the 20 percent cost
threshold for replacements under the
ERP, and the modification made to the
approach for SIPs to automatically
update each time EPA revises the FIP.
On August 2, EPA conducted a public
hearing on the Reconsideration notice
(published on 7/1/04). The comment
period for the Reconsideration
concluded on August 30 and the record
for the public hearing closed on
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73855
EPA—Clean Afr Act (CAA)
Final Rule Stage
September 1, EPA received
approximately 300 comments on the
ERP Reconsideration during the
comment period. About 75 percent of
the comments are from citizens, 20
percent are from industry, and the
remaining 5 percent are from either
State/local agencies, environmental
groups, or Federal agencies. EPA plans
to finalize its reconsideration by
December 2004.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/01/04 69 FR 40278
01/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4676.2; Split from RIN 2060-AK28
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave8epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-5795
Fax: 919 541-5509
Email:
hutchinson.lynneepamail.epa.gov
RIN: 2060-AM58
3180. • NONATTAINMENT MAJOR
NEW SOURCE REVIEW (NSR)
Regulatory Plan: This entry is Seq. No.
129 in part II of this issue of the
Federal Register.
RIN: 2060-AM59
3181. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
COATING MANUFACTURING;
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The final rule was published
on December 11, 2003. These minor
amendments clarify the requirements
for process vessels and include several
technical corrections.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4890;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randyOepamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax:919-541-3470
Email; dunkins.robin@epamail.epa.gov
RIN: 2060-AM72
3182. * NESHAP: ORGANIC LIQUID
DISTRIBUTION—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: A direct final rulemaking will
be written in which requests for
reconsideration will be addressed. End
users have always been covered by the
rule. It has always been our intention
to cover distribution of organic liquids
wherever it might take place. This will
be clarified in the direct final,
Recordkeeping requirements will also
be reduced. Typographical and cross-
referencing errors will he corrected and
control requirement oversights will be
corrected.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4910;
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM77
3183. « NESHAP: SECONDARY
ALUMINUM PRODUCTION
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1500
Legal Deadline: None
Abstract: A National Emission
Standard for Hazardous Air Pollutants
(NESHAP) was promulgated for the
Secondary Aluminum Production
industry on March 23, 2000 (65 FR
15710). Since promulgation, a number
of minor errors have been discovered
in the text of the rule. This action will
correct those minor errors.
Timetable:
Action
Date
FR Cite
Direct Final Action
11/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4928;
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-AM86
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Federal Register/ Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3184, » REGULATION OF FUELS AND
FUEL ADDITIVES: REFINER AND
IMPORTER QUALITY ASSURANCE
REQUIREMENTS FOR DOWNSTREAM
OXYGENATE BLENDING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
7545(k)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule would amend the
reformulated gasoline regulations to
allow refiners and importers of
"reformulated gasoline blendstock for
oxygenate blending," or RBOB, to use
an alternative method of fulfilling the
regulatory requirement to conduct
quality assurance sampling and testing
at downstream oxygenate blending
facilities. This alternative method
would consist of a comprehensive
program of quality assurance sampling
and testing calculated to achieve the
same objectives as the current
regulatory quality assurance
requirement; ie., to ensure that all
facilities that blend oxygenate with
RBOB in a given reformulated gasoline
area are blending the required amounts
of oxygenate. The program would be
carried out by an independent
association funded by an industry
consortium. The program would be
conducted pursuant to a survey plan,
approved by EPA, This action will not
have any adverse environmental
impact,
Timetable:
Action
Date FR Cite
Direct Final Action 01/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4930;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Fax: 202 343-2803
Email:
benEett.marilyn@epamail.epa.gov
RIN: 2060-AM88
3185. • NESHAP FOR REFRACTORY
PRODUCTS MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority; PL 91-190, sec 203
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The national emission
standards for hazardous air pollutants
(NESHAP) for new and existing
refractory products manufacturing
facilities, were promulgated on April
16, 2003, under section 112[d) of the
Clean Air Act (CAA). These
amendments clarify the testing and
monitoring requirements of the
NESHAP, bring the NESHAP into
consistency with recent changes to the
Genera] Provisions to part 63, and make
certain technical corrections to the rule,
We view the revisions as
noncontroversial and anticipate no
significant adverse comments.
Timetable:
Action
Date FR Cite
Direct Final Action
01/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No, 4937;
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C-504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5596
Fax: 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM90
3186. • STATE AND FEDERAL
OPERATING PERMITS PROGRAMS:
AMENDMENTS TO COMPLIANCE
CERTIFICATION
REQUIREMENTS:TECHNICAL
CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l4a; 42
USC 7661 to 7661f
CFR Citation: 40 CFR 70,6 (Correction);
40 CFR 71.6 (Correction)
Legal Deadline: None
Abstract: The amendments to the
compliance certification requirements
for State and Federal operating permits
were published in the Federal Register
on June 27, 2003 (SAN 4671). The
amendatory language of the final rules
contained an editing error; a sentence
was removed from the rules. This error
could be misleading and needs to be
clarified. Today's action corrects this
error by inserting the missing sentence
back into the rules.
Timetable:
Action
Date
FR Cite
Direct Final Action
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4941;
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, MD 304-04, Research
Triangle Park, NC 27711
Phone: 919-541-1351
Fax: 919 541-5509
Email: castro.grecia@eparnail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AM92
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73857
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3187. 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
04/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No, 4695;
Sectors Affected: 56221 Waste
Treatment and Disposal
Agency Contact: Elaine Manning,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919-541-5499
Fax; 919 541-5689
Email: manning.elaiue@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 206Q-AKB8
3188. 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 H2(r)
CFR Citation: 40 CFR 68,210
Legal Deadline: None
Abstract: Section H2(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-Site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68,210(a) of part 68 States that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date
FR Cite
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202-564-8019
Fax: 202 564-8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE95
3189. 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 H2(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
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73858
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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,
Local, State, Tribal
Additional Information: SAN No. 4619;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202-564-7987
Fax: 202 564-8444
Email: franklin.kathy@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-AB96
3190. 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
PMlO standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421) 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 01/00/06
Final Action 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected; No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4255,
EDocket No. OAR-2Q01-OQ17
http://docket.epa.gov/edkpub
/do/EDKStaffCollectionDetailView
?objectld=0b0007d48006d9eb;
URL For More Information:
http://www.epa.gov/ttn/naaqs/
standards/pm/s pm index.html
Agency Contact: Mary Ross,
Environmental Protection Agency, Air
and Radiation, C539-Q1, Washington,
DC 20460
Phone: 919-541-5170
Fax: 919 541-0237
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: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
3191. 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 No. 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@eparnail.epa.gov
RIN: 2060-AJ61
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73859
EPA—Clean Air Act (CAA)
Long-Term Actions
3192. 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
Action
Date
FR Cite
11/15/94 59 FR 58958
NPRM NAAQS
Review
NPRM NAAQS 03/07/95 60 FR 12492
implementation
Finai NAAQS Review 05/22/96 61 FR 25566
NPRM Rev. NAAQS 01/02/97 62FR210
Impl.
Notice Resp to
Remand
NPRM
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 No. 1002;
Agency Contact; Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Washington,
DC 20460
Phone; 919-541-5288
Fax: 919 541-0237
Email: mckee, dave@epamail.epa.gov
Susan Stone, Environmental Protection
Agency, Air and Radiation, C539-01,
Washington, DC 20460
Phone: 919-541-1146
Email: stone.susan@epamail.epa.gov
RIN: 2060-AA61
3193. 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
NPRM 4
NPRM 5
08/29/00 65 FR 52319
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AH47
3194. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479
CAA 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
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73860
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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 No, 3919;
Agency Contact: Barrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202-564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
3195. PHASE I (FIP) TO REDUCE THE
REGIONAL TRANSPORT OF OZONE
IN THE EASTERN UNITED STATES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: NPRM, Statutory,
January 25, 2003, EPA is required to
promulgate FIPs by January 25, 2003,
unless 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 B.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
28, 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.)
Timetable:
Action
NPRM
Findings Action
Final Action
Date
10/21/98
12/26/00
To Be
FR Cite
63 FR 56393
65 FR 81 366
Determined
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 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
Mills; 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
Fax; 919 541-0824
Email: king.jan@epamail.epa.gov
RIN: 2Q60-AH87
3196. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 83, 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
Final Action
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4653;
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73861
EPA—Clean Air Act (CAA)
Long-Term Actions
and Radiation, C439-Q4, Washington,
DC 20460
Phone: 919-541-5439
Fax: 919 541-0942
Email; wayne.tony@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AK08
3197. NESHAP: GROUP II POLYMERS
AND RESINS— RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003,
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products, The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards', as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 06/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@eparoail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK13
3198. 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 I12(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
Final Action
07/00/06
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4661;
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-0837
Fax: 919-541-0942
Email:
markwordt.david@epamail.epa-.gov
Laura McKelvey,,Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AK17
3199. 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 01/00/07
Regulatory Flexibility Analysis
Required:. Undetermined
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4665;
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, 20460
Phone: 919-541-5308
Fax: 919-541-5450
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
3200. 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.
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EPA—Clean Air Act (CAA)
Long-Term Actions
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 01/00/06
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected; Federal,
State
Additional Information: SAN No. 4666;
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact; Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539-03, Washington,
DC 20460
Phone: 919-541-2379
Fax: 919 541-5689
Email;
serageldin.mobamed@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
BIN: 2060-AK20
3201. 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 J],
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
05/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4667;
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact; Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.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@epamail.epa.gov
RIN: 2060-AK21
3202. 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: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/06
08/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 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, C-539-03, Washington,
DC 20460
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone; 919-541-5499
Fax: 919 541-5889
Email: manning,elaine@epamail.epa.gov
RIN: 2060-AK22
3203. NESHAP: PRINTING AND
PUBLISHING INDUSTRY—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority; 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004.
Abstract; EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart KK.
This source category covers air-toxic
emissions from many activities located
at printing and publishing facilities —
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112{f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
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Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 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, Washington,
DC 20460
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.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@epamail,epa.gov
RIN: 2060-AK24
3204. NESHAP: PETROLEUM
REFINERIES—RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart CC.
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4663;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax; 919 541-0246
Email; hustvedt.ken@epamail.epa.gov
RIN: 2060-AK25
3205. NESHAP: GROUP I POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 6, 2004.
Abstract: EPA developed technology-
based standards for this source category
under spction 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 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4656;
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email; dunkins.robin@epamail.epa.gov
RIN: 2060-AKl 2
3206. 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 H2(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 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4658;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5608
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Federal Register/Vol. 89, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Fax: 919 541-3470
Email; rosensteel.bob@epamail,epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone; 919-541-5335
Fax: 919-541-3470
Email; dunkins.robin@epamail.epa.gov
RIN: 2060-AK15
3207, 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
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail,epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C539-02, Research Triangle Park, NC
27711
Phone: 919-541-5565
Fax: 919 541-0824
Email: cole.david0epamail.epa.gov
RIN: 2060-AI99
3208. CONTROL OF METHYL
TERTIARY BUTYL ETHER (MTBE)
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is considering taking
action to control the use of Methyl
Tertiary Butyl Ether (MTBE), which is
an organic compound that is primarily
used as a fuel additive in gasoline.
MTBE has been used to meet the
oxygen requirement established by the
Federal Reformulated Gasoline Program
(RFC) established by the 1990
amendments to the Clean Air Act
(CAA). Over 85 percent of reformulated
gasoline contains MTBE. EPA is
concerned that the widespread use of
MTBE may have resulted in the
contamination of groundwater and
drinking water supplies, threatening
their future use. While current
detections levels are generally believed
to be below levels that may cause
public health concerns, low level
MTBE contamination may render water
unpotable due to offensive taste and
odor. In November of 1998, EPA
established a Blue Ribbon Panel to
investigate air quality benefits and
water quality concerns associated with
oxygenates, including MTBE, in
gasoline, and to provide independent
advice and recommendations on ways
to maintain air quality while protecting
water quality. In September, 1999, the
panel recommended that the use of
MTBE be substantially reduced. EPA is
now evaluating the Blue Ribbon Panel's
recommendations, and has conducted a
preliminary review of authorities
available to address risks associated
with MTBE, EPA issued an 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 No. 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 Perlis, Environmental Protection
Agency, Air and Radiation, 2333A,
Washington, DC 20460
Phone: 202-564-5636
Email: perlis,robert@epamail.epa.gov
RIN: 2060-AJOO
3209. 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.
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73865
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
Email: voorhees.scott@epamail.epa.gov Government Levels Affected; None
Supplemental NPRM To Be Determined
2
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3412;
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
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AF70
3210. 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
NPRM
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3922;
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Washington,
DC 20460
Phone: 919-541-5348
Fax; 919 541-5509
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone; 919-541-0886
Fax: 919 541-5509
Email: hitte.steve6epamail.epa.gov
RIN: 2060-AG92
3211. 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 766la(d); 42
USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the
order of sanctions for operating permits
program deficiencies under the
mandatory sanctions provisions of title
V of the Clean Air Act. This rule would
stipulate that an emission offset
sanction applies first and a highway
funding sanction six months later.
Sanction application under section 502
of the Clean Air Act is automatic under
the timeframes prescribed once EPA
selects the sanction order; EPA's only
discretion concerns the ordering of
sanctions as discussed above. Thus, the
only relevant potential impact is the
effect of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has corrected the
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
Additional Information: SAN No. 4700;
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Washington,
DC 20460
Phone: 919-541-5348
Fax: 919 541-5509
Email; voorhees.scott@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-0886
Fax: 919 541-5509
Email; hitte.steve@epamail.epa.gov
RIN: 20BO-AK46
3212. 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
NPRM
Final Action
Date
12/00/05
12/00/06
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No, 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
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3213. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA I76(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
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917;
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone; 734-214-4238
Fax; 734 214-4052
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3214. 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
Final Action
12/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348;
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Washington, DC
20460
Phone: 734-214-4928
Fax: 734 214-4052
Email:
polovick.buddy@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: 20BO-AI97
3215. RESCINDING FINDING THAT
PREEXISTING PM10 STANDARDS
ARE NO LONGER APPLICABLE IN
NORTHERN ADA COUNTY/BOISE,
IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52,676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the
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 process of carrying out its
obligations under the settlement
agreement. The State submitted its
maintenance plan for Boise on
9/27/2002. Under the settlement, EPA
agreed to take final action on the State's
submittal by 9/30/2003. On July 30,
2003 a Federal Register notice was
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73867
EPA—Clean Air Act (CAA)
Long-Term Actions
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 Entitles Affected: Go¥erntnental
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: 919 541-5489
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
RIN: 206Q-AJQ5
3216. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. 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
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4633;
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
.48691 Pipeline Transportation of
Refined
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@epamaiLepa.gov
RIN: 2060-AK03
3217. 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
Date FR Cite
01/00/07
02/00/08
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No, 4691;
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C33903, Washington, DC
20460
Phone: 919-541-1084
Fax: 919 541-5509
Email; santiago.juaniSepamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-5795
Fax: 919 541-5509
Email;
hutchinson.lynn@epamail,epa.gov
RIN: 2060-AK42
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3218. 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
nonregulatory 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
receive SIP credits for requiring sources
to install better emissions monitors.
This is a "win-win" situation. Sources
install the superior monitors, find
problems sooner, correct them quicker,
and emit less pollutants. This measure
can save sources money in maintenance
of control devices while emitting less
pollutants. Additionally, this measure
is much less expensive, but just as
effective, than other control measures.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 4783;
Sectors Affected: 325 Chemical
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 337 Furniture
and Related Product Manufacturing;
333 Machinery Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 323
Printing and Related Support Activities;
336 Transportation Equipment
Manufacturing; 221 Utilities; 321 Wood
Product Manufacturing
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D205-02, Washington,
DC 20460
Phone: 919-541-5135
Fax; 919 541-0516
Email; driscoll,tom@epamail.epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, D205-02, Washington, DC
20460
Phone: 919-541-5635
Fax: 919 541-0516
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AK85
3219. SECTION 126 RULE: LIFTING
THE 8-HOUR STAY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7428
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline; Final, Statutory,
November 29, 2004, 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
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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No.
4095.1; Split from RIN 2060-AH88.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email; oldham.carla@epamail.epa.gov
RIN: 2060-AL79
3220. 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: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of 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 the District
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 to lift the stay of our findings
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73869
EPA—Clean Air Act (CAA)
Long-Term Actions
in the NOx SIP Call contained in 40
CFR section 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 01/00/06
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No, 4797;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919-541-5665
Fax; 919 541-0824
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
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL84
3221. DEFERRAL OF EFFECTIVE
DATE OF NONATTAINMENT
DESIGNATIONS FOR 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR EARLY ACTION
COMPACT AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: EPA is proposing to defer the
effective date of nonattainment air
quality designations for "Early Action
Compact Areas" that are violating the
8-hour ozone national ambient air
quality standard, but have agreed to
reduce ground-level ozone pollution
earlier than the Clean Air Act requires.
This proposal establishes the first of
three dates by which EPA would defer
the effective date of nonattainment
designations for any of these areas that
continues to meet all compact
milestones. In a separate action, EPA
will designate these areas
"nonattainment" by April 15, 2004;
however, as long as Early Action
Compact areas meet agreed-upon
milestones, the impact of
nonattainment designation for the 8-
hour ozone standard will be deferred
until September 30, 2005.
Timetable:
Action
Date FR Cite
NPRM 12/16/03 68 FR 70108
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4798.
This action has been merged with SAN
4839. All further action will be under
SAN 4839, SAN 4798 is hereby
withdrawn.
Agency Contact: David Cole,
Environmental Protection Agency, Air
and Radiation, MD-15, C539-02,
Research Triangle Park, NC 27711
Phone; 919-541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
Valerie Broadwell, Environmental
Protection Agency, Air and Radiation,
C539-02, Washington, DC 20460
Phone: 919-541-3310
Fax: 919 541-0824
Email:
broadwell.valerie@epamail.epa.gov
RIN: 2060-AL85
3222. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE THE 2-P1ECE
CAN SUBCATEGORY FROM THE
CLEAN AIR ACT HAZARDOUS AIR
POLLUTANT SOURCE CATEGORY
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 CFR 63
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the 2-piece can
subcategory from the Metal Can Surface
Coating source category, which is on
the list of hazardous air pollutant
source categories 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 ia the FR providing an
explanation of the denial. The Can
Manufactures Association submitted
the petition on November 4, 1996, and
provided additional materials through
April 4, 1999. At that time we
determined the petition was complete.
A final decision on the merits of the
petition has been delayed due to
outstanding lexicological issues
regarding 2 pollutants (formaldehyde
and ethylene glycol monobutyl ether
(EGBE)), and due to a technically weak
ecological assessment prepared by the
petitioner. Issues with formaldehyde
and EGBE should be resolved soon and
we are still awaiting an updated
ecological assessment from the
petitioner.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional information: SAN No. 4799;
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-AL86
3223. NESHAP: FERROALLOYS
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
20, 2007, -.
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73870
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: EPA developed technology-
based emission standards for this
source category under section I12(d) of
the Clean Air Act. The current action,
required by Section I12(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standard,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4810;
Agency Contact: Margaret Sieffert,
Environmental Protection Agency, Air
and Radiation, C439-02, Washington,
DC 20460
Phone: 312-353-1151
Fax; 919 541-5450
Email:
sieffert.rnargaret@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-AL93
3224. MINERAL WOOL PRODUCTION
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: PL 91-190, sec 203;
42 USC 7401
CFR Citation: 40 CFR 63.1175 to
63.1199
Legal Deadline: None
Abstract: Section 112(f)(2) of the Clean
Air Act (CAA) directs us to assess the
risk remaining (residual risk) after the
application of control technology
standards under section 112(d)
(MACT). The EPA is to promulgate
more stringent standards for a category
or subcategory of sources subject to
MACT standards under section 112(d)
if promulgation of such standards is
necessary to protect public health with
an ample margin of safety or to prevent
(taking into consideration various
factors) adverse environmental effects.
In particular, the CAA specifies the
cancer risk of concern for setting more
stringent standards, The CAA states
that if the MACT standards do not
reduce lifetime excess cancer risk to the
individual most exposed to
emissions,., to less than one in one
million, the Administrator shall
promulgate standards under this
subsection for such source categories.
The standards to be promulgated under
this subsection must provide an ample
margin of safety to protect public
health in accordance with this section
(as in effect before the date of
enactment of the Clean Air Act
Amendments of 1990), unless the
Administrator determines that a more
stringent standard is necessary to
prevent, taking into consideration costs,
energy, safety, and other relevant
factors, an adverse environmental
impact. Section 112(f](2)(B) expressly
preserves EPA's interpretation of an
ample margin of safety developed in
the 1989 benzene NESHAP final rule.
EPA will review the mineral wool
production MACT standard and
conduct analyses to determine whether
the residual risk warrants further
regulation. The CAA requires that the
residual risk rules be promulgated (if
necessary) within eight years [nine for
the two-year bin standards] after the
promulgation of the associated MACT
standard. The MACT rule for the
mineral wool production source
category was promulgated on June 1,
1999. Therefore, the statutory deadline
for promulgating a residual risk rule (if
necessary) for this source category is
June 1, 2007.
Timetable:
Action Date FR Cite
NPRM
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4825;
Legal; Legislative deadline for the
residual risk rule is 8 years after
promulgation of that source category's
MACT rule.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5167
Fax; 919 541-5600
Email: fairchild.susan@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C-504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5596
Fax: 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AL96
3225. NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
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 III. The current action,
required by section Il2(f) of the Clean
Air Act, is to assess residual risks that
remain once that standard becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4831;
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C504-04, Washington,
DC 20460
Phone: 919-541-5607
Fax: 919 541-3470
Email: noelLmaria@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL99
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73871
EPA—Clean Air Act (CAA)
Long-Term Actions
3226. 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 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 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@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C540-04, Research Triangle Park, NC
27711
Phone; 919-541-5335
Fax; 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AMOO
3227, NESHAP: AREA SOURCE
STANDARDS—PAINT STRIPPING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
December 15, 2005.
Final, Statutory, December 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 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
Final Rule
01/00/06
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected;
Undetermined
Additional Information: SAN No. 4861;
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-5439
Fax; 919 541-0942
Email; wayne.tony@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email; mckelvey.laura@epamail.epa.gov
RIN: 2060-AMO7
3228. 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 15, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. The OAQPS
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 Integrated Urban 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 percent
nationally; (2) reduce national non-
cancer risks substantially; and (3)
address risks which are
disproportionately posed on specific
subpopulations 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),
generally available control technology
(GACT) standards 112(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 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 MACT or GACT,
as defined in section 112. The
processes involved in glass
manufacturing are known to emit
arsenic, hydrochloric acid, hydrogen
fluoride, lead, and mercury. In 1986,
EPA promulgated the NESHAP for
Inorganic Arsenic Emissions From
Glass Manufacturing Plants. Since that
time, EPA has re-evaluated both the
carcinogenicity assessment (4/10/1998)
and the oral RfD assessment
(02/01/1993) for arsenic. In reference to
the regulations addressing area sources,
section 112(c)(3) states, "such
regulations shall be promulgated not
later than 10 years after such date of
enactment" (CAA).
Timetable:
Action
Date
FR Cite
NPRM 12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4873;
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EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504—05, Research
Triangle Park, NC 27711
Phone; 919-541-5167
Fax: 919 541-5600
Email; fairchild.susan@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C-504—05,
Research Triangle Park, NC 27711
Phone: 919-541-5596
Fax: 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AM12
3229. 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.
Arylic/modacrylic fiber production
sources was listed as one of those
categories, and this rulemaking will
address measures to control pollution
from AMF facilities. One facility has
been identified.
Timetable:
Action
Date FR Cite
NPRM 01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 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, C439-04, Washington,
DC 20460
Phone: 919-541-5439
Fax: 919 541-0942
Email; wayne.tony@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AM13
3230. 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
Final Action
01/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4859;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Washington,
DC 20460
Phone: 919-541-0837
Fax: 919-541-0942
Email:
markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Washington, DC 20460
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AM14
3231. 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
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4847;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, 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,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AMlB
3232, 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
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73873
EPA—Clean Air Act (CAA)
Long-Term Actions
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:
Action
NPRM
Date FR Cite
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No, 4874;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax; 919 541-5600
Email: colyer.rick@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C—504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5596
Fax; 919 541-5600
Email: crowder.jim@epamail.epa.gov
RIN; 2060-AM19
3233. 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 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 Timetable:
technology (GACT), as defined in Action
section 112.
Timetable:
Action Date FR Cite
Date
FR Cite
NPRM
07/00/06
NPRM
Final Action
01/00/08
03/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4879;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919-541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2080-AM36
3234. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
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. The Integrated
Urban Air Toxics Strategy lists plating
and polishing as an area source
category.
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4886;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Fax: 919 541-5600
Email; mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
3235. 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: 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 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.
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
NPRM
Date
FR Cite
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No, 4884;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C-439-01, Research Triangle Park, NC
27711
Phone; 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
3236. 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 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 source categories
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
Date
FR Cite
NPRM
Final Action
05/00/06
05/00/07
Government Levels Affected: None
Additional Information: SAN No. 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: bainett.keith@epamail.epa.gov
RIN: 2Q6Q-AM53
3237. • AREA SOURCE NESHAP FOR
PRIMARY NONFERROUS METALS—
ZN, CD, BE
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 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These are 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
Regulatory Flexibility Analysis
Required: Undetermined
NPRM 04/00/07
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4887;
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, 20460
Phone: 919-541-0634
Fax; 919 541-3207
Email: rackley.karen@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM80
3238. • AREA SOURCE NESHAP FOR
SECONDARY NONFERROUS METALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
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) 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, The secondary nonferrous
metals source category includes
establishments primarily engaged in
recovering nonferrous metals and alloys
from new and used scrap and dross or
in producing alloys from purchased
refined metals. This industry includes
establishments engaged in both the
recovery and alloying of precious
metals. Plants engaged in the recovery
of tin through secondary smelting and
refining, as well as by chemical
processes, are included in this industry.
Secondary refining and smelting
produces metals from scrap and process
waste. Scrap is bits and pieces of metal
parts, bars, turnings, sheets, and wire
that are off-specification or worn-out
but are capable of being recycled. Two
metal recovery technologies are
generally used to produce refined
metals. Pyrometallurgical technologies
are processes that use heat to separate
desired metals from other less or
undesirable materials, while
hydrometallurgical technologies the
desired metals are separated from
undesirables using techniques that
capitalize on differences between
constituent solubilities and/or
electrochemical properties while in
aqueous solutions. The secondary
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004 / Unified Agenda
73875
EPA—Clean Air Act (CAA)
Long-Term Actions
nonferrous metals source category is
listed to address some of the urban
metal HAP's like lead and chromium
compounds in addition to arsenic.
Timetable;
Action
NPRM
Date FR Cite
02/00/06
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4888;
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, 20460
Phone: 919-541-5308
Fax: 919-541-5450
Email; rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919-541-2837
Fax: 919 541-5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
3239. • NESHAP: GASOLINE
DISTRIBUTION STAGE I—AREA
SOURCE STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006.
Final, Judicial, December 20, 2007.
Abstract: The Clean Air Act (CAA)
includes two provisions—sections
112(c)(3) and H2(k)(3)(B)(ii)—that
instruct us to identify and list source
categories that contribute to the
emissions of the 30 "listed" (or area
source) Hazardous Air Pollutants
(HAP), and that are, or will be, subject
to standards under section 112 of the
CAA. EPA listed "Gasoline Distribution
Stage I" as a new area source category
in the Integrated Urban Strategy for
National Air Toxics Program (July 19,
1999, 40 FR 38706). Further, we agreed
under a 2003 consent agreement to
propose a rule for this area source
category on or before October 31, 2006,
and promulgate a final rule by
December 20, 2007. No definitions are
published for "Gasoline Distribution
Stage I" area sources. However, Stage
I is generally understood to include
gasoline storage and transfer operations
as gasoline is moved from the
production refinery process units to
and including the gasoline station
storage tank. Stage II refers to vehicle
refueling operation part of a gasoline
station and is regulated under CAA
sections 182(b)(3) and 202(a)(6). These
rules will cover area sources within
this source category. Area sources emit
or have a potential to emit less than
10 tons per year of any single HAP or
less than 25 tons per year of total HAP.
The higher emitting sources (major
sources) in this industry are already
regulated (40 CFR 63, subpart R) under
CAA section 112 national emission
standards.
Timetable:
Action
Date FR Cite
NPRM
11/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4907;
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.stev@epa.gov
RIN: 2060-AM74
3240. • NEW SOURCE
PERFORMANCE STANDARDS (NSPS)
FOR RECIPROCATING INTERNAL
COMBUSTION SPARK IGNITED
ENGINES
Priority: Substantive, Nonsignificant,
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act sec 111
CFR Citation: None
Legal Deadline: None
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion spark ignited
engines. This includes two stroke lean
burn (2SLB) engines, four stroke lean
burn (4SLB) engines, and four stroke
rich burn (4SRB) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a litigated schedule that has been
agreed on in principal to propose by
May 06 and to promulgate by December
07. Information gathering beginning in
early April 04 will result in the
development of regulatory packages to
propose and promulgate an NSPS
standard.
Timetable:
Action
Date FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4915;
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5263
Fax: 919 541-5450
Email: roy.sims@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM82
3241. » NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract; This regulation will control
emissions of hazardous air pollutants
(HAP) from sxirface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such state) or the National
Aeronautics and Space Administration
and the surface coating of military
munitions manufactured by or for the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such state).
Aerospace and shipbuilding surface
coating operations at these installations
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EPA—Clean Air Act (CAA)
Long-Term Actions
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently-promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking will
address all surface coating activities at
these installations which do not meet
the applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable;
Action
Date
FR Cite
NPRM 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
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
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: rnanning.elaine@epamail.epa.gov
RIN: 2060-AM84
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3242. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 06/15/04 69 FR 33473
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
State
Agency Contact: Sims Roy
Phone: 919-541-5263
Fax: 919 541-5450
Email: roy,sims@eparnail,epa.gov
Robert }. Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
way land.robertj©epamail.epa.gov
RIN: 2060-AG63
3243. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 09/13/04 69 FR 55218
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
Local, State
Agency Contact: Jim Eddinger
Phone: 919-541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Bill Maxwell
Phone: 919-541-5430
Fax: 919 541-5450
Email; maxwell.billf8epamail.epa.gov
RIN: 2060-AG69
3244. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
(SNAP) PROGRAM
Priority: Other Significant
CFR Citation: 40 CFR 82; 40 CFR 9
Completed:
Reason
Date
FR Cite
Final Action 10 Foams 09/30/04 69 FR 58269
(HCFC-141b)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Suzanne Kocchi
Phone: 202-343-9387
Fax: 202 343-2337
Email: kocchi.suzanne@epamail.epa.gov
Jeanne Briskin
Phone: 202-343-9135
Fax: 202-565-2093
Email: briskin.jeannes9epamail.epa.gov
RIN: 2060-AG12
3245. REVISION OF COMBUSTION
TURBINES NSPS— PART 60,
SUBPART GG
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 (Revision)
Completed:
Reason
Date
FR Cite
07/08/04 69 FR 41345
Final Action
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Jaime Pagan
Phone: 919-541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Sims Roy
Phone: 919-541-5263
Fax: 919 541-5450
Email: roy.sims@epamail.epa.gov
RIN: 2060-AK35
3246. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 07/30/04 69 FR 45944
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: None
Agency Contact: Mary Kissell
Phone: 919-541-4516"
Pax; 919 541-0246
Email: kissell.mary@epamail.epa.gov
Kent Hustvedt
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken8epamail.epa.gov
RIN: 2060-AG52
3247. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority; Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason Date FR Cite
Final Action
04/19/04 69 FR 20968
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Kim Teal
Phone: 919-541-5580
Fax; 919 541-5689
Email; teal.kim@epamail.epa.gov
RIN: 2060-AG57
3248. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
3249. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason Date FR Cite
Final Action 01 /02/04 69 FR 130
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Kim Teal
Phone: 919-541-5580
Fax: 919 541-5689
Email: teal.kim@epamail.epa.gov
RIN: 2060-AH78
3250. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL:
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
09/01/04 69 FR 53380
09/01/04 69 FR 53338
Reason Date FR Cite
Final Rule 07/19/04 69FR4288E
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919-541-5289
Fax: 919 541-5600
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax; 919 541-5450
Email: fruh.steve@epamail.epa.gov Reason
RIN: 2060-AH69 Final Action
NPRM
Direct Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919-541-3078
Fax; 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedtken@epamail.epa.gov
RIN: 2060-AK32
3251. 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
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Completed:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carla Oldham
Phone: 919-541-3347
Fax; 919 541-0824
Email: oldham.carla@epamail.epa.gov
Tom Helms
Phone: 919-541-5527
Fax: 919 541-0824
Email: helins.tom@epamail.epa.gov
RIN: 2060-AJ36
3252. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2,1999,
COURT DECISION
Priority: Other Significant
CFR Citation: 40 CFR 93
Completed:
Reason
Date
FR Cite
Final Action 07/01/04 69 FR 40004
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Agency Contact: Angela Spickard
Phone: 734-214-4238
Fax: 734 214-4052
Email: spickard,angela@epamail.epa.gov
RIN: 2060-AI56
3253. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES AND FUEL
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 89
Completed:
Reason
Date
FR Cite
Date FR Cite
06/03/04 69 FR 31498
Final Action 06/29/04 69 FR 38958
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Agency Contact: Cleophas Jackson
Phone; 734-214-4824
Fax: 734 214-4816
Email:
jackson.cleophas@epamail.epa.gov
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EPA—Clean Air Act (CAA)
Completed Actions
William Charmley
Phone: 734-214-4466
Fax: 734 214-4050
Email:
charmley.william@epamail.epa.gov
RIN: 2060-AK27
3254. REVISIONS TO THE APPEAL
PROCEDURES AND THE FEDERAL
NOX BUDGET TRADING PROGRAM,
PARTS 78 AND 97
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (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: None
Agency Contact: Dwight Alpern
Phone: 202-343-9151
Fax; 202-565-2141
Email; alpern.dwight9epamail.epa.gov
RIN: 2060-AK36
3255. REVISIONS TO CLARIFY THE
SCOPE OF CERTAIN MONITORING
REQUIREMENTS FOR FEDERAL AND
STATE OPERATING PERMITS
PROGRAMS
Priority: Other Significant
CFR Citation: 40 CFR 70,6(c)(l); 40
CFR 71.6(c)(l)
Completed:
Reason
Date
FR Cite
Final Action 01/22/04 69 FR 3202
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jeff Herring
Phone; 919-541-3195
Fax: 919 541-5509
Email: herring.jeff@epamail.epa.gov
Steve Hitte
Phone: 919-541-0886
Fax: 919 541-5509
Email; hitte.steve@epamail.epa.gov
RIN: 2060-AK29
3256. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82(F)
Completed:
Reason
Date
FR Cite
Withdrawn
09/20/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202-343-9870
Fax: 202-585-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone; 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL77
3257. PROTECTION OF
STRATOSPHERIC OZONE: QUANTITY
ALLOCATION OF METHYL BROMIDE
FOR CRITICAL USE EXEMPTIONS
AFTER THE PHASEOUT
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Merged with SAN
4535
10/05/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Agency Contact: Marta Montoro
Phone: 202-343-9321
Fax: 202 343-2337
Email: montoro.marta@epamail.epa.gov
Hodayah Finman
Phone: 202-343-9246
Fax: 202 565-2079
Email;
finman.hodayah@epamail.epa.gov
RIN: 2060-AL95
3258. NATIONAL AMBIENT AIR
QUALITY STANDARDS FOR
PARTICULATE MATTER;
AMENDMENT TO REFLECT COURT
ORDER VACATING CERTAIN RULES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50, 53, 58
Completed:
Reason
Date
FR Cite
Direct Final Rule 07/30/04 69 FR 45592
Amendment
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Eric Ginsburg
Phone: 919-541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epamail,epa.gov
Karen Martin
Phone: 919-541-5274
Fax: 919 541-0237
Email; martin.karen@epamail.epa.gov
RIN: 2060-AM02
3259. CLEAN AIR OZONE
DESIGNATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
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
Agency Contact: Annie Nikbakht
Phone: 919-541-5246
Fax: 919-541-0824
Email; nikbakht.annie@epamail.epa.gov
Sharon Reinders
Phone: 919-541-5284
Fax: 919 541-0824
Email: reinders.sharon@epamail.epa.gov
RIN: 2060-AM03
3260. ADDITION OF CO EMISSION
LIMIT FOR LARGE MWC USING FLUID
BED COMBUSTION TECHNOLOGY
(SECTION 129)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 and 62
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73879
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Direct Final Rule 07/14/04 69 FR 42117
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Walt Stevenson
Phone: 919-541-5264
Fax: 919 541-5450
Email: stevenson.walt@epamail.epa.gov
Robert J. Wayland
Phone: 919 541-1045
Fax; 919 541-5450
Email;
wayland. robertj@epamail.epa.gov
RIN: 2060-AMll
3261, NESHAP: PRINTING, COATING,
AND DYEING OF FABRICS AND
OTHER TEXTILES— AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Final Rule 08/04/04 69 FR 47001
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Paul Almodovar
Phone: 919-541-0283
Fax: 919 541-5689
Email:
almodovar.paul@epamail.epa.gov
RIN: 2060-AM29
3262. FUELS AND FUEL ADDITIVES
REGISTRATION REGULATIONS
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 79
Completed:
Reason
Date
FR Cite
Begin Review
End Review
05/01/04 69 FR 38183
11/01/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Thomas Eagles
Phone: 202 564-1952
Fax; 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM38
3263. EMISSION STANDARDS FOR
NEW NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (SECTION 610 REVIEW)
Priority: Info./Admin,/Other
CFR Citation: 40 CFR 90
Completed:
Reason
Date
FR Cite
Begin Review
End Review
06/28/04 69 FR 38183
11/01/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Thomas Eagles
Phone; 202 564-1952
Fax; 202 564-1554
Email; eagles.tom@epa.gov
RIN: 2060-AM39
3264. NESHAP: SECONDARY LEAD
SMELTING (SECTION 610 REVIEW)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 63, subpart X
Completed:
Reason
Date
FR Cite
Begin Review
End Review
06/28/04 69 FR 38183
11/01/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Thomas Eagles
Phone: 202 564-1952
Fax; 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AM40
326S. NESHAP: PETROLEUM
REFINERIES (SECTION 610 REVIEW)
Priority: Info,/Admin,/Other
CFR Citation: 40 CFR 63, subpart CC
Completed:
Reason
Date
FR Cite
Begin Review
End Review
06/28/04 69 FR 38184
11/01/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Thomas Eagles
Phone: 202 564-1952
Fax: 202 564-1554
Email; eagles.tom@epa,gov
RIN: 2060-AM41
3266. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR) EQUIPMENT
REPLACEMENT PROVISION (ERP);
STAY NOTICE
Priority: Substantive, Nonsignificant
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: This rulemaking is a follow
up action to SAN 4676, which is a rule
to specify categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program, SAN 4676's final action
— referred to as the "equipment
replacement provision" (ERP) — was
promulgated in the Federal Register on
10/27/03 and was stayed by the US
Court of Appeals (DC Circuit) on
12/24/03. This regulatory action (SAN
4676.1) reflects that court action in the
Code of Federal Regulations and also
sets out EPA's interpretation of the
effect of the stay on the PSD Federal
Implementation Plans in various state
plans. In a separate action, EPA is
reconsidering the 10/27/03 rule in
response to petitions — see SAN
4676.2, RIN 2060-AM58, elsewhere in
this Regulatory Agenda.
Timetable:
Action
Date FR Cite
12/24/03 68 FR 74483
07/01/04 69 FR 40274
Final Action 1
Final Action - ERP
Stay
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4678.1; Split from RIN 2060-AK28
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-2380
Fax: 919 541-5509
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EPA—Clean Air Act (CAA)
Completed Actions
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-5795
Fax: 919 541-5509
Email;
hutchinson,lynn@epamail.epa.gov
RIN: 2060-AM57
3267. » NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: HYDROCHLORIC ACID
PRODUCTION: AMENDMENTS
Timetable:
Action Data FR Cite
Duplicate of RIN 2060- 11/05/04
AM25, SAN 4867
RIN: 2060-AM61
3268. » AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR THE
8-HOUR OZONE NAAQS; EARLY
ACTION COMPACT AREAS WITH
DEFERRED EFFECTIVE DATES
(REINSTATEMENT OF
CHATTANOOGA EAC)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407, 7501 to
7515,7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: This action will reinstate the
Chattanooga EAC after the area failed
to meet all the requirements for the
March 31, 2004, milestone and did not
receive a deferred effective date of the
8-hour ozone NAAQS. This action,
effective June 15, 2004, defers the
nonattainment designations for
Hamilton and Meigs Counties, TN, and
Catoosa County, GA and reinstates the
EAC for the Chattanooga TN-GA MSA
by modifying the following Federal
Register action published April 30,
2004, and effective June 15, 2004: Air
Quality Designations and
Classifications for the 8-Hour Ozone
National Ambient Air Quality
Standards; Early Action Compact Areas
With Deferred Effective Dates (69 FR
23857). The basis for this action is an
updated modeling analysis that
demonstrates attainment of the 8-hour
ozone NAAQS by December 31, 2007.
In addition, in a letter dated May 27,
2004 from the mayor of Chattanooga to
EPA, the area has fully committed to
adopt and implement additional local
measures on a schedule consistent with
requirements for Early Action Compact
(EAC) areas. These measures (vehicle
inspection and maintenance and a
seasonal open burning ban) are also
included in the updated modeling
analysis.
Timetable:
Action
Date FR Cite
Direct Final Rule 06/18/04 69 FR 34080
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4839.1; Split from RIN 2060-AM03.
Promulgation of SAN 4839 will include
the material formerly proposed as SAN
4798. SAN 4798 has been merged into
SAN 4839.
Agency Contact: Dick Schutt,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Atlanta, 20460
Phone; 404-562-9033
Email: schutt.dick@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C5 39-02, Research Triangle Park, NC
27711
Phone: 919-541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AM64
3269. • CLEAN AIR OZONE
DESIGNATIONS: 5 PERCENT
RECLASSIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: Final, Statutory,
September 15, 2004, The CAA allows
90 days for the Admin, to make
reclassifications after the original
classifications were made.
Abstract: According to section
181(a)(4) , an ozone nonattainment area
may be reclassified to a different
category, if the design value were 5
percent greater or 5 percent less than
the design value on which the
designation/classification was made.
Any requests for redassification were
to be submitted by July 15, 2004, The
Administrator has 90 days to make
reclassifications after the original
classifications were made, i.e.,
September 15, 2004, Signature date by
the Administrator is to be no later than
September 15, 2004. As of July 15,
2004, the Agency had received requests
to bump down from moderate to
marginal for Cass County, Detroit, &
Muskegon, MI; Greensboro, NC;
Memphis, TN-AR; LaPorte, IN; and
Richmond, VA A few other requests are
expected. As of this update 8/6/04 in
the interim, the Agency has received
additional requests from Kent & Queen
Anne's MD; Lancaster, PA. This rule
was published on September 22, 2004
(69 FR 56697).
Timetable:
Action
Date FR Cite
Final Action 09/22/04 69 FR 56697
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4839.2; Split from RIN 2060-AM03.
Promulgation of SAN 4839 will include
the material formerly proposed as SAN
4798. SAN 4798 has been merged into
SAN 4839.
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5246
Fax: 919-541-0824
Email: nikbakht.annie@epamail.epa.gov
Sharon Reinders, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919-541-5284
Fax: 919 541-0824
Email: reinders.sharon@epamail.epa.gov
RIN: 2060-AM66
3270. • AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR 8-HOUR
OZONE NAAQS; LAS VEGAS,
NEVADA NONATTAINMENT AREA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: None
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73881
EPA—Clean Air Act (CAA)
Completed Actions
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, inal 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 to
attain 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. Chattanooga got
EAC approval and deferral date of
September 30, 2005. Clark Co,, NV got
deferred until September 13, 2004.
Timetable:
Action
Date FR Cite
Final Action —
Deferral
Final Action —
Boundaries
06/18/04 69 FR 34076
09/17/04 69 FR 55956
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional information: SAN No.
4839.3; Split from RIN 2060-AM03.
Promulgation of SAN 4839 will include
the material formerly proposed as SAN
4798. SAN 4798 has been merged into
SAN 4839.
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919-541-5246
Fax: 919-541-0824
Email: nikbakht,annie@epamail.epa.gov
Sharon Reinders, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919-541-5284
Fax: 919 541-0824
Email: reinders.sharon@epamail.epa.gov
RIN: 2060-AM67
3271. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SITE-SPECIFIC
REGULATION FOR PACKAGING
CORPORATION OF AMERICA IN
TOMAHAWK, WISCONSIN
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.443; 40 CFR
63,457; 40 CFR 63,453
Completed:
Reason
Date
FR Cite
Direct Fina! Rule 04/13/04 69 FR 19733
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Agency Contact: Eileen Furey
Phone: 312-886-7950
Fax: 312-886-0747
Email: furey.eileen@epamail.epa.gov
David Beck
Phone: 919-541-5421
Email: beck, david®epamail.epa,gov
RIN: 2090-AA33
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3272. 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
Transuranie 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 No. 2, 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
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73882
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
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 No, 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
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
3273. 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 was
issued to solicit early public input on
this issue.
Timetable:
Action
Date
FR Cite
ANPRM
Final Action
11/18/03 68 FR 65120
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional information: SAN No. 4054;
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9349
Fax: 202 565-2062
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 206Q-AH63
3274. APPROACHES TO AN
INTEGRATED FRAMEWORK FOR
MANAGEMENT AND DISPOSAL OF
LOW-ACTIVITY 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 advance notice of
proposed rulemaking (ANPRMJ will
solicited 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
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 nonregulatory
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 11/18/03 68 FR 65120
ANPRM Comment 03/12/04 69 FR 11826
Period Extended
Next Action Undetermined
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: 202 565-2062
Email:
sclmltheisz.daniel@epamail.epa.gov
RIN; 2060-AL78
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73883
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Completed Actions
3275. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority; Substantive, Nonsignificant
CFR Citation; 40 CFR 194.8(b)
Completed:
Reason
Date
FR Cite
Final Action 07/16/04 69 FR 42571
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Raymond Lee
Phone: 202-343-9463
Email: lee.raymond@epamail.epa.gov
Betsy Forinash
Phone; 202-343-9233
Email; forinash.betsy@epamail.epa.gov
RtN: 2060-AJ07
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3276. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
CHEMICAL SELECTION APPROACH
FOR INITIAL ROUND OF SCREENING
Regulatory Plan: This entry is Seq. No.
115 in part II of this issue of the
Federal Register.
RIN: 2070-AD59
3277. WPS; PESTICIDE WORKER
PROTECTION STANDARD (WPS)
RULE (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 7 USC 135
CFR Citation: 40 CFR 156; 40 CFR 170
Legal Deadline: None
Abstract: On August 21, 1992, the
Environmental Protection Agency (EPA)
issued final revisions to the Worker
Protection Standard (WPS) governing
the protection of workers from
agricultural pesticides. The revised
regulations expanded 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.
EPA has reviewed this regulation
pursuant to section 610 of the
Regulatory Flexibility Act (5 USC 610).
The purpose of the review was 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 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. See EPA Docket ID
number OPP-2003-0115 at
www.epa.gov/edocket, The Agency
received no comment on the action and
has concluded that the rule needs no
revisions to minimize impacts on small
entities while still complying with
FIFRA. As a separate matter, EPA will
continue to review, and as necessary
propose changes to the WPS to better
attain the goal of farm worker safety.
Timetable:
Action
Date
FR Cite
Begin Review
Comment Period End
End Review
05/27/03 68 FR 30942
12/22/03 68 FR 73543
11/00/04
Action
Date
FR Cite
Final Action 1
08/21/92 57 FR 38102
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4789,
EDocket No. OPP-2003-0115;
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 115 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
3278. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2070-AC12
3279. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to I36(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
registrability of a pesticide product.
The revisions will also clarify the data
requirements for all antimicrobials to
reflect current practice.
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73884
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone; 703-308-9073
Fax: 703 305-5884
Email: parsons.paul@epamail.epa.gov
RIN: 2070-AD30
3280. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Regulatory Plan: This entry is Seq, No.
122 in part II of this issue of the
Federal Register,
RIN: 2Q70-AD57
3281. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Info./Admin./Other
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
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
Action Date FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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: 202 584-5644
Email: garrison.scott@epainail.epa.gov
Robert Perils, 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
3282. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Priority: Info./Admin./Other
Legal Authority: 7 USC I36a(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; pranier.vivian@epamaiLepa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Fax: 703 305-5884
Email; frane.jean@epamail.epa.gov
RIN: 2070-AD29
3283. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register,
RIN: 2070-AD36
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73885
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3284. 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 proteetants,
Timetable:
Action
Date
FR Cite
NPRM 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4596;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-6598
Fax: 703 305-5884
Email;
brassard.canddce@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703-305-5944
Fax: 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-ADS 1
3285. 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 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 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.
URL For More Information:
www.epa.gov/scipoly/oscpendo.htm
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@epamai I .epa.goy
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
3286. 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 r'egulatory
actions to modify or revoke tolerances.
Since such actions are issued on a
chemical-by-chemical basis, this
regulatory agenda 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 No. 4175;
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3; 1999; 66 percent by August
3; 2002; and 100 percent by August 3;
2006. The Agency will continue to
assess pesticide tolerances throughout
each year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Robert McNally,
Environmental Protection Agency,
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73886
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 204&0
Phone: 703-308-8085
Fax: 703 308-8041
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
3287. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat proteins
to its plant-incorporated protectants
exemptions at 40 CFR 174, Substances
which plants produce for protection
against pests, and the genetic material
necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal 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
NPRM
SuppNPRMI
SuppNPRM2
Supp NPRM-RCAN
Final Resubmittal
Final Action
Date FR Cite
11/23/94 59 FR 60496
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
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 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.nielissa@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
3288, 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
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
Supplemental Proposal (66 FR 37855).
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
1
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Supplemental NPRM
5
Final Action
11/23/94 59 FR 60496
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 66 FR 43552
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 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: ill 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
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73887
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Phone: 703-308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3289. 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 FR Cite
11/23/94 59 FR 60496
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
To Be Determined
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612;
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:
mil ewski. 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
3290. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC I36(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
Supp NPRM 1
Supp NPRM 2
Notice: Partial
Reopening of
Comment Period
Notice; Extension of
Comment Period
Final Action
02/11/94 59 FR 6712
10/21/99 64 FR 56918
12/21/99 64 FR 71368
06/30/04 69 FR 39392
08/13/04 69 FR 00001
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No, 2659,
EDocket No. OPP-2004-0049;
Sectors Affected: 42291 Farm Supplies
Wholesalers; 32532 Pesticide and Other
Agricultural Chemical Manufacturing;
11511 Support Activities for Crop
Production
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
3291. 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
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73888
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
the best partnership approach to
implementation.
Timetable:
Action
NPRM
Notice
Supplemental NPRM
Final Action
Date FR Cite
06/26/96 61 FR 33259
02/23/00 65 FR 8925
03/24/00 65 FR 15885
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3222;
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: 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
RIN: 2070-AC46
3292. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(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
NPRM
Notice
Final Original
Final Action
Date
09/17/99
It/16/99
12/14/01
To Be
FR Cite
64 FR 50671
64 FR 62145
66 FR 64759
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703-305-5944
Fax: 703 305-5884
Email: frane.jean@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
3293. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a; 7 USC
136w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action would exempt
from the requirements of FIFRA
medical devices treated with
antimicrobial pesticides. This would be
based on an EPA determination 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
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4609;
Sectors Affected: 31499 All Other
Textile Product Mills; 32619 Other
Plastics Product Manufacturing
Agency Contact: Melba Morrow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703-308-2716
Fax: 703 308-8481
Email: morrow.melba@epamail.epa.gov
RIN: 2070-AD54
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3294. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
CFR Citation: 40 CFR 180
Completed:
Reason
Date
FR Cite
Withdrawn
03/23/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal
Agency Contact: Jean Frane
Phone; 703-305-5944
Fax; 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD23
3295. WPS; PESTICIDE WORKER
PROTECTION STANDARD (WPS);
GLOVE AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 170
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73889
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
Completed:
Reason
Date
FR Cite
Final Action
09/01/04 69 FR 53341
Regulatory Flexibility Analysis
Required; No
Small Entities Affected; No
Government Levels Affected: Federal
Agency Contact: Don Eckerman
Phone: 703 305-5062
Fax: 703 305-2962
Email; eckerman.donald@epa,gov
Jean Frane
Phone: 703-305-5944
Fax: 703 305-5884
Email: frane,jean®epamail,epa,gov
RIN: 2070-AC93
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3296. FUTURE TESTING FOR
EXISTING CHEMICALS (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) testing is
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), EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
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. For chemicals that
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
Agency will consider whether to
require testing of the chemical through
rulemaking, EGA or VTA, or will
publish a notice which provides the
reasons for not doing so in the case
of a particular chemical. The Agency
may also consider test rules, EGAs or
VTAs for chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes. This regulatory
agenda entry is considered a "generic
entry" because it is intended to alert
the public that within the next 6
months the Agency may consider other
chemicals for test rules, EGAs or VTAs
that are not yet identified. A separate
activity specific entry will be included
in the regulatory agenda once the
Agency decides to develop a test rule,
EGA or VTA.
Timetable:
Action
Date FR Cfte
Notioe/ANPRM
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected; Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa,gov/oppt/chemtest
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: scbweeT.greg@eparnail.epa.gov
Dave Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 584-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AB94
3297. LEAD; REQUIREMENTS FOR
LEAD-BASED PAINT ACTIVITIES IN
TARGET HOUSING AND
CHILD-OCCUPIED FACILITIES
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: TSCA 402 and 404;
15 USC 2682; 15 USC 2684
CFR Citation: 40 CFR 745 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 finalized a Federal
regulation under section 404 of TSCA
that allows States and Indian tribes to
seek authorization to administer and
enforce the regulations developed
under section 402 for the training and
certification of individuals conducting
LBP activities and the accreditation of
training programs for LBP activities in
1996 (August 29, 1996, 61 FR 45778).
EPA performed an analysis of the
potential impacts on small entities and
determined that this action is likely to
have a modest adverse economic
impact on a substantial number of
small entities. The TSCA section 404
regulations became effective August 29,
1998, The final rule then provided for
an additional phase-in period for the
requirements for training program
accreditation, individual and firm
certification, and work practice
standards. Regulations for accreditation
of training programs became effective
on March 1, 1999. Regulations for
certification of individuals and firms
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73890
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
became fully effective on March I,
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. No
comments were received, and has
concluded that the rule needs no
revisions at this time to minimize
impacts on small entities. EPA is
continuing to evaluate the effectiveness
of this rule and its economic impacts
in the context of other lead-based paint
program initiatives the Agency is
considering. See, for example,
elsewhere in this Regulatory Agenda
the entry for RIN: 2070-AJ01, Lead-
based Paint Activities; Voluntary
Program for Renovation and
Remodeling. See EPA Docket ID
number OPPT-2003-0015 at
www.epa.gov/edocket,
Timetable:
Action
Final Action 1
Begin Review
Comment Period End
End Review
Date FR Cite
08/29/96 61 FR 45778
05/27/03 68 FR 30942
12/22/03 68 FR 73543
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional information: SAN No. 4788,
EDocket No. OPPT-2003-0015;
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-0484
Fax: 202 566-0470
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; 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD65
3298. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12{B)
Regulatory Plan: This entry is Seq, No,
116 in part II of this issue of the
Federal Register.
RIN: 2070-AJ01
3299. LEAD-BASED PAINT
ACTIVITIES; VOLUNTARY PROGRAM
FOR RENOVATION AND
REMODELING
Regulatory Plan: This entry is Seq. No,
117 in part II of this issue of the
Federal Register.
RIN: 2070-AJ03
3300. 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
11/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No, 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
3301. 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 perfluoroalkyl
sulfonate (PFAS), perfluoroalkyl
carboxylates (PFAC), perfluoroalkly-
containing telomers, and other
polymers containing perfluoroalkyl
groups. Based on data on perfluorooctyl
sulfonate (PFOS) and perfluorooctonic
acid (PFOAJ, 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
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73891
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
qualify for exemption from TSCA
section 5 reporting.
Timetable:
Action
Date
FR Cite
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 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, 7405M, Washington,
DC 20460
Phone: 202-564-9138
Fax; 202 564-9490
Email: cool,rebecca@epamail,epa.gov
RIN: 207Q-AD58
3302. 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(1). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at Superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(f) and sections 112(d and
e), Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
Timetable:
Action
Date FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.-epa.gov/oppt/chemtest
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.roberteepamail.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
3303. 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 28, 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/vccepl.
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; Status of Pilot 01/00/05
EPA's Data Needs To Be Determined
Decision
Peer Consultation To Be Determined
Process
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No, 4876;
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.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
BIN: 2070-AC27
3304. TSCA INVENTORY UPDATE
RULE REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 26Q7(a) TSCA
8(a)
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: In this follow-on action to the
Inventory Update Rule Amendments
(IURA) (RIN 2070-AC61) that was
finalized in January 2003, EPA is
making additional changes to the IUR
to adjust the submission period and the
reporting frequency, clarify
requirements for the "low current
interest" partial exemption petitions,
add chemicals to the petroleum process
streams partial exemption, amend the
list of commercial and consumer
product use categories, separate
reporting of manufacture and import
production volume, restrict reporting of
processing and use information to
domestic activities only, adjust the
definition for polymer, remove the
requirement to determine
confidentiality of production volume in
ranges. These changes clarify the rule
and reduce the burden associated with
reporting.
Timetable:
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3301.1; Split from RIN 2070-AC61.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/oppt/iur
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, 20460
Phone: 202-564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AD63
3305. 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
be published on at least the chemicals
listed below.
Action
Date FR Cite
Action
Date FR Cite
NPRM
11/00/04
Timetable:
Action
NPRM-2-4 Original
NPRM-Chioranil
NPRM-Heavy
NPRM-2-4
Date
09/27/89
05/12/93
01/15/02
06/00/05
FR Cite
54 FR 39548
58 FR 27980
67 FR 1937
NPRM- 06/00/05
Benzidine-amend
NPRM-Certain 09/00/05
NPRM-o-Tolodine 09/00/05
NPRM-p- 09/00/05
Aminophenol
NPRM-Methylcyolo 12/00/05
Final- 06/00/06
Benzidine-amend
Finai-Chloranil 12/00/06
Final-Heavy 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 1923;
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-AA58
3306. 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
Abstract: Upon completion of the
residential upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
Substances Control Act (TSCA)
covering certain flame retardant
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73893
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
chemicals for use in RUF, The SNUR
would require companies wanting to
import or manufacture these chemicals
for use as a flame retardant in RUF to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities. The
required notice will provide EPA with
the opportunity to evaluate their use
as flame retardant chemicals in RUF,
and if necessary to prohibit or limit
such activity before it occurs to prevent
any unreasonable risk of injury to
human health or the environment.
Timetable:
Action
Date FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4312;
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact; 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.john8epamail.epa.gov
Carolyn Grandson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202-564-8179
Fax: 202 564-4775
Email: grandson.carolyn@epa.gov
BIN: 2070-AD48
3307. SIGNIFICANT NEW USE RULE
(SNUR); CERTAIN POLYBROMINATEO
DIPHENYL ETHERS (PBDES)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
section 5
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
polybrominated diphenylethers
(PBDEs). The SNUR would require
companies wanting to import or
manufacture these chemicals for the
significant new uses described in the
SNUR to submit a significant new use
notice (SNUN) to the Agency at least
90 days prior to beginning those
activities. The SNUN provides EPA the
opportunity to evaluate the intended
use, and, if necessary, prohibit or limit
that use before it occurs. Great Lakes
Chemical Corporation, the only United
States manufacturer of pentaBDE and
octaBDE, is voluntarily phasing out of
these commercial products by the end
of 2004. The chemical substances
subject to this proposed rule are these
commercial products, and other PBDE
congeners that comprise these products.
This proposed rule would require
manufacturers and importers to notify
EPA at least 90 days before
commencing the manufacture or import
of any one or more of these chemicals
on or after January 1, 2005, for any use.
Environmental monitoring programs
detected several PBDEs in human
breast milk, fish, aquatic birds, and
elsewhere in the environment. The
exact mechanisms or pathways by
which these PBDEs end up in the
environment and humans is not known,
but 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 data that is
currently available indicate the
potential for adverse effects to humans
and environmental organisms, but
existing hazard and exposure
information is incomplete. These
factors, taken together, raise concerns
for long term potential adverse effects
in people and wildlife over time if
these chemicals should continue to be
produced, released, and built up in the
environment.
Timetable:
Action
Date FR Cite
NPRM 11/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 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
3308. 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 > 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 B.C.. A hearing will be held in
October 2004 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. Although EPA
issued a letter of enforcement
discretion in May 2003, on July 29,
2004, MARAD submitted a partial
petition for an export ban exemption
under TSCA 6(e)(3) (B). Upon receipt
of a completed petition, the Agency
will conclude its review. 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 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
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Federal legister/Vol 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Additional information: SAN No.
2150.1, EDocket No. OPPT-2004-0107;
Split from RIN 2070-AB20.
URL For More Information:
www.epa.gov/pcb/
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: ginilin.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
3309. • SIGNIFICANT NEW USE RULE
FOR GLYCOL ETHERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604, 2607,
2625
CFR Citation: 40 CFR 721 (amended]
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) which would
require persons to notify EPA at least
90 days before commencing the
manufacture, import or processing of 2-
ethoxyethanol (2-EE) (CAS No. 110-80-
5), 2-etb.oxyethanol acetate (2-EEA)
(CAS No, 111-15-9), 2-methoxyethanol
(2-ME) (CAS No.109-86-4), or 2-
methoxyethanol acetate (2-MEA) (CAS
No,110-49-6) for use in a consumer
product. EPA believes that this action
is necessary because 2-EE, 2-EEA, 2-
ME, and 2-MEA may be hazardous to
human health and their use in a
consumer product may result in
significant human exposure, The
required notice would provide EPA
with the opportunity to evaluate the
intended uses and associated activities,
and if necessary, prohibit or limit those
uses and activities before they occur.
There are no anticipated impacts on
small business.
Timetable:
Action
Date
FR Cite
NPRM
01/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4942,
EDocket No, OPPT-2004-0111;
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-9823
Fax; 202 564-4775
Email: breedlove.amy@epamail.epa.gov
Tim 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-AJ12
3310. • LEAD-BASED PAINT:
PRE-RENOVATION LEAD EDUCATION
Priority: Info./Admin./Other
Legal Authority: 15 USC 2686(b)
CFR Citation: 40 CFR 745.83
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to revise its regulations implementing
section 406(b) of the Toxic Substances
Control Act (TSCA) to authorize the use
of a new information pamphlet,
"Protect Your Family From Lead
During Renovation & Remodeling."
There is an increase in risk to lead-
based paint poisoning during
renovation activities, particularly to
children under six years of age. To
ensure greater public health and safety
during renovation activities in target
housing, EPA has developed a lucid
information pamphlet for families. This
new pamphlet gives information on
lead-based paint hazards in a home,
lead testing, how to select a contractor,
what precautions to take during the
renovation, and proper cleanup
activities. EPA is also proposing to
remove a portion of the regulation
which provides sample
acknowledgment and certification
statements. In the interest of
streamlining the regulatory text, the
sample acknowledgment and
certification statements will be removed
and will be placed in a compliance
guidance and on the EPA lead website,
www.epa.gov/lead.
Timetable:
Action
Date
FR Cite
NPRM
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John D. Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wilkins.john@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202-566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AJ14
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda 73895
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3311, 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(l)(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." EPA plans to issue
a new proposal that will address
remaining issues affecting disposal,
reuse, and transportation and
containerization of LBP debris,
Timetable:
Action
Date FR Cite
NPRM
Comment Extension
NPRM (OSW)
Final Action (OSW)
Final Action
New NPRM
12/18/98 63 FR 70189
02/12/99 64 FR 7159
10/23/01 66 FR 53566
06/18/03 68 FR 36487
10/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3508;
See also RCRA companion rule:
Temporary Suspension of Toxicity
Characteristic Rule for Specified Lead-
Based Paint Debris (SAN 14263; RIN
2050-AE68)., NPRM-
http://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
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
URL For More Information:
www.epa.gov/lead
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202-566-0484
Fax: 202 566-0470
Email: wheeler.cindy@epamail.epa.gov
RIN: 207Q-AC72
3312. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk,
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM: 84-1 056
NPRM: 86-566
NPRM
Final
Final: 84-1 056
Final: 86-566
06/11/86 51 FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
12/00/04
1 2/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
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EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone; 202-564-9138
Fax; 202 564-9490
Email: cool.rebecca@epamail.epa.gov
BIN: 2070-AA59
3313. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority; 15 USC 2804
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter, Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls,
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM: Aromatic
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether
of Alkanetriol
Polymer (930458)
NPRM; Certain
Chemical
Substances
(91-1299/95-1667;
91-1298;91-1297)
06/06/94 59 FR 29255
12/19/94 59 FR 65289
09/09/98 63 FR 48157
Final: Alkenyl Ether of 12/00/04
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino 12/00/04
Ether (P90-1840)
Final: Certain 12/00/04
Chemical
Substances
(91-1299/95-1667;
91-1298;91-1297)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
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, 7405M,
Washington, DC 20460
Phone; 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AB27
3314. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Regulatory Plan: This entry is Seq. No.
130 in part II of this issue of the
Federal Register.
RIN: 2070-AD16
3315. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions,
Timetable:
Action
Date 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 61 FR 65186
01/07/98
01/11/00
01/11/00
07/05/00
07/24/00
07/26/01
06/11/03
11/00/04
06/00/05
63 FR 684
65 FR 1548
65 FR 1548
65 FR 41371
65 FR 45535
66 FR 38955
68 FR 34832
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
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.geny@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
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EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3316, TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 260 7 [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 CUe
Final: 38th ITC List
Final: 38th ITC List -
Stay
Final: ITC List-Stay/
Technical
Amentment
Final: 38th ITC List -
Revocation
Final: 51st ITC List
(Actions From Lists
43, 47, and 50}
Final: 55th ITC List
10/29/96 61 FR 55871
12/11/96 61 FR 65186
01/07/98 63FR684
01/11/00 65 FR 1548
05/04/04 69 FR 24517
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
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
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
3317. 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 the Toxic 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 and exposure pathways leading
to the presence of PFOA in humans
and the environment,
Timetable:
Action
Notice
Date FR Cite
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493,1; Split from RIN 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chemtest
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: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ06
3318. * TESTING AGREEMENT FOR
DIETHANOLAMINE
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 and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary 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).
EGAs 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
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants (HAPs),
including diethanolamine (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2), In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Alkanolamines
Panel submitted a proposal on
November 25, 1996 for alternative
testing involving PK studies,
ORD/NCEA performed a technical
analysis of the proposal in November
of 1997. A public meeting was held on
February 24, 1998. The Alkanolamines
Panel of ACC has submitted two update
letters, one in April 1999 and one in
May of 2003. Under this action, EPA
will continue negotiations to develop
an EGA that will provide health effects
testing sufficient to meet the data needs
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action - EGA
09/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected; Federal
Additional Information: SAN No.
3493.4; Split from R1N 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chenitest
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: 202 564-8179
Fax; 202 564-4765
Email; williams.daver@epamail.epa.gov
RIN: 2070-AJ09
3319. * TESTING AGREEMENT FOR
HYDROGEN FLUORIDE
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 and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary 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).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking 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
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants (HAPs),
including hydrogen fluoride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Hydrogen
Fluoride (HF) Panel submitted a
proposal for alternative testing
involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final Action - ECA 07/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493.5; Split from RIN 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chemtest
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: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@eparnail.epa.gov
RIN: 2070-AJ1Q
3320. • TESTING AGREEMENT FOR
PHTHALIC ANHYDRIDE
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 and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary 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
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73899
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Voluntary Testing Agreements (VTAs).
EGAs 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
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including phthalic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Phthalic
Anydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996, EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final Action - EGA 07/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493.7; Split from RDM 2070-AB94
URL For More Information:
www.epa.gov/oppt/chemtest
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: 202 564-8179
Fax: 202 564-4765
Email: Williams,daver@epamail.epa.gov
RIN: 2070-AJll
3321, • TESTING AGREEMENT FOR
MALEIC ANHYDRIDE
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 and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of die U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking 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
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants (HAPs),
including maleic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Maleic
Anhydride (MA) Panel submitted a
proposal for alternative testing
involving PK studies for MA on
November 8, 1996; EPA responded to
Panel's proposal by letter on July 10,
1997, indicating that this approach
could offer sufficient merit to proceed
with EGA negotiations. Under this
action, EPA will continue negotiations
to develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended,
Timetable:
Action
Date
FR Cite
Final Action - ECA
07/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493.6; Split from RIN 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chemtest
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; 202 564-8179
Fax: 202 564-4765
Email; williams.daver@epamail.epa.gov
RIN: 2070-AJ13
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Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3322. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992,
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendmeEts,
Timetable:
Action
Model Plan
Interim Final Rule
Final Action
Date FR Cite
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148;
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1081
Fax; 202 566-0473
Email:
courtnage.robert@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
3323. 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.
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
ANPRM
NPRM
Final Action
Date
05/13/91
03/09/94
To Be
FR Cite
56 FR 22096
59 FR 11122
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252;
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone; 202-566-1980
Fax: 202 566-0471
Email: simpson.julie@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
3324. 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: is USC 2603; PL
102-550 sec 402; PL 102-550 sec 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program,
EPA promulgated regulations for
training and certification of training
programs for LBP activities and child
occupied facilities in 1996 (see 40 CFR
745), Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376;
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73901
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Agency Contact: Joel Wolf,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-564-2228
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: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3325. 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
4 402; 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
06/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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: 202 566-0471
Email; simpson.julie@epamail.epa.gov
RIN: 2070-AC83
3326. 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 (TSCAj
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
Finai Action
12/06/94 59 FR 62875
09/17/02 67 FR 58567
01/31/03 68 FR 4934
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2150,
EDocket No. OPPT-2001-0013;
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
URL For More Information:
www.epa.gov/pcb
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-AB20
3327. 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
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73902
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
10/00/08
Regulatory Flexibility Analysis
Required; No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No, 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
URL For More Information:
www.epa.gov/pcb
Agency Contact: Sara McGurk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone; 202-566-0480
Fax; 202 566-0473
Email: mcgurk.sara48epamail.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.tonv@eparnail.epa.gov
BIN: 2070-AD52
3328. 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
environmental 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
Supplemental NPRM
Supplemental NPRM
2
NPRM - Reproposal
06/26/96 61 FR33178
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 No. 3487;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
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 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
3329. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2825
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
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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73903
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be remo¥ed 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 Entitles Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www,epa.gov/oppt/chemtest
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
3330. 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 OFAs such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent-
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Although not currently a rulemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA is finalized.
Timetable:
Action
Date FR Cite
Notice Soliciting 12/00/05
Participation
Notice EC A 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No, 4174;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
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.george@epamail.epa.gov
RIN: 2070-AD28
3331. 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 reproposal of a test rule announced
March 4, 1991 (56 FR 9092),
Timetable:
Action
Date FR Cite
03/04/91 56 FR 9092
12/00/05
NPRM Original
NPRM-Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www,epa,gov/oppt/chemtest
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
3332. 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
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73904
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action Date FR Cite
NPRM Original
Final Action
03/21/94
09/00/08
59 FR 13294
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528;
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-1081
Fax: 202 566-0473
Email:
courtnage.robert@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
3333. 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 No. 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
URL For More Information:
www.epa.gov/chemrtk/volchall.htm
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.diaEe@epaniail.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
3334. 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 USD A,
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
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 No. 4598;
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73905
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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, 7405M,
Washington, DC 20460
Phone: 202-564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD53
3335. 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 485 2d
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
that apply to these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date FR Cite
NPRM 06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4777;
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential
Property Managers
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202-566-0484
Fax: 202 566-0470
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: 202 566-0471
Email; simpson.julie@epamail.epa.gov
RIN: 2070-AD64
3336. » TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
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: On January, 17, 1972 (57 FR
2138), EPA published a proposed TSCA
Section 4 test rule covering a number
of aryl phosphate base stocks. On
March 30, 1993, EPA announced
initiation of negotiations with the Aryl
Phosphates Panel of the Chemical
Manufacturers Association (now the
American Chemistry Council or ACC)
to develop a TSCA Section 4
Enforceable Consent Agreement (EGA)
for aryl phosphate base stocks as an
alternative approach to testing under
the proposed rule (58 FR 16669). On
October 9, 1998, EPA sent letters to the
Chief Executive Officers of companies,
including those who were participating
in the development of this EGA, to
announce EPA's High Production
Volume (HPV) Chemical Challenge
Program. Consistent with the
international OECD Screening
Information Data Set (SIDS) Program,
EPA's HPV Challenge Program
encourages US chemical producers and
importers to voluntarily provide
existing screening level data, or, if none
exist, to develop such data on US HPV
chemicals. Because some overlap of
testing requirements in the HPV
Challenge and this EGA initiative were
identified, the industry committed to
develop the screening level data for the
HPV Challenge Program before
continuing with further development of
the EGA. In this way, results from the
HPV Challenge program would feed
back into consideration of needs for the
EGA testing and, where possible, could
avert some or all of the overlap testing
requirements. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject AP base stocks under an
EGA.
Timetable:
Action
Date FR Cite
AMPRM
NPRM
Final Action -
EGA
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2; Split from RIN 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chemtest
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: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ07
3337. • TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
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; On June 25, 1991 (56 FR
29140), EPA issued a proposed TSCA
Section 4 Test Rule for health and
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73906
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
environmental effects and chemical fate
testing of 5 brominated flame
retardants. Since issuing that proposed
rule, all of the subject chemical
substances have been "adopted" under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary US HPV Chemical
Challenge Program, and/or EPA's
Voluntary Children's Chemical
Evaluation Program (VCCEP),
Information obtained under these
various data collection/development
programs will be used to inform EPA's
decision regarding the need to re-
propose and ultimately finalize this
TSCA Section 4 Test Rule for some or
all of the subject chemicals and for
which endpoints they should be tested.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/25/91 56 FR 29140
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493,3; Split from RIN 2070-AB94.
URL For More Information:
www.epa.gov/oppt/chemtest
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: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ08
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3338. 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 (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on a very
conservative assumption that the entire
quantity of the solid chemical at a
facility could potentially be released to
air in event of an accident. EPA will
propose a rule to revise the TPQ for
solids in solution and seek comment
on an alternative approach based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). Use of this
experimental data would likely raise
the TPQ for solids in solution and
result in relieving some facilities
(number and type unknown at this
time) from the regulatory emergency
planning and notification requirements
under Section 302-304 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:
3339. 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
Action
Date FR Cite CFR Citation: 40 CFR 372
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202-564-7987
Fax: 202 564-8444
Email; franklin.kathy@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
Legal Deadline: None
Abstract: This is an ongoing action to
cover all chemical petitions received by
the TRI Program. These actions grant
or deny petitions received to add or
delete or modify chemicals on the list
of toxic chemicals under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA) that are subject to reporting
under the Toxic Chemical Release
Reporting Rule. The actions cover
individual chemicals or groups of
chemicals for which petitions have
been received.
Timetable:
Action
Date FR Cite
10/27/95 60 FR 54949
09/05/00 65 FR 53681
Notice-DBNPA
NPRM-Diisononyl
Phthalate
Report-Alloys 08/22/01 66 FR 44107
Response- 05/00/05
Acetonitrile
Response-Chromium 08/00/05
Antimony Titanate
Final-Diisononyl 12/00/05
Phthalate
Final-DBNPA To Be Determined
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73907
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Action
Date FR Cite
Response-19 Volatile To Be Determined
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 No. 2425;
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
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
3340. 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 liooi et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (TEOJ reporting for the
category and quantity data for
individual members of the category to
the grams only reporting cxirrently
required for the category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8-
tetrachlorodibenzo-p-dioxin and
1,2,3,7,8-pentachlorodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action Date FR Cite
NPRM 01/00/05
Final Action - 11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4692;
TRI has not converted to NA1CS 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 the RCRA, subtitle 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:
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-AA12
3341. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2025-AA14
3342. » TRI REPORTING FORMS
MODIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11023 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: EPA is simultaneously
undertaking two rulemakings with the
aim of reducing burden on the Toxics
Release Inventory (TRI) reporting
community while maintaining the
practical utility of TRI data consistent
with the goals and statutory
requirements of the TRI program. This
Agency action is intended to propose
and enact several relatively
noncontroversial modifications to TRI's
reporting forms (Form R and Form A).
Timetable:
Action
Date
FR Cite
NPRM 01/00/05
Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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73908
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Government Levels Affected: None
Additional information: SAN 4938
Agency Contact: Shelley Fudge,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0674
Fax: 202 566-0741
Email: fudge.shelley@epa.gov
Kevin Donovan, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
BIN: 202S-AA15
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3343. 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 USC11048
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
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
3344. 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
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4595;
Sectors Affected: 212 Mining (except
Oil and Gas); 221 Utilities; 562 Waste
Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
www.epa.gov/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. 238/Monday, December 13, 2004/Unified Agenda
73909
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3345. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: reporting
thresholds for rock salt, sand, gravel
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility.
This supplemental rule, when finalized,
will minimize burden for those
facilities that are currently reporting
chemicals that pose minimal risk under
sections 311 and 312 of the Emergency
Planning and Community Right-to-
Know Act. This rule, when finalized,
may also reduce the number of
facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, state and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 3215;
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202-564-7913
Fax: 202 564-8233
Email:
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
3346. 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 06/08/98 63 FR 31268
Supplemental NPRM To Be Determined
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4015;
Formerly listed as RIN 2070-AD18.
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169) Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
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.steveS9epa.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@Bpamail.epa.gov
RIN: 2025-AA03
3347. 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
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73910
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
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
Dale FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4265;
Formerly listed as RIN 2070-AD39. By
Statute and Regulation, this rule will
affect SIC codes 20-39, 10 (except SIC
codes 1011, 1081, 1094), 12 (except SIC
code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844-T, Washington, DC 20460
Phone: 202-566-0758
Fax: 202 568-0741
Email: edmQnds.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
3348. 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 Communitv Right-to-
Know Act of 1986 (EPCR'A) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have.been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25, 1991 (56 FR 48475),
EPA proposed regulations which would
provide definitions and instructions for
reporting the PPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991, proposed rule.
Timetable:
Action
Date FR Cite
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
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2847;
Formerly listed as RIN 2070-AC24.
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes; Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
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
3349. 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
12/00/06
04/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
URL For More Information:
www.epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844-T, Washington, DC 20460
Phone; 202-566-0758
Fax; 202 566-0741
Email; edmonds.marc@epamail.epa.gov
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73911
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202-566-0742
Fax; 202-566-0741
Email:
dombrowski.john8epamail.epa.gov
BIN: 2025-AAll
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3350. 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
recalculation 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 that will allow the
alternative of clean closure of landfills
rather than require the installation of
a landfill cap. This 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
groundwater 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
NPRM
04/06/00 65 FR 18014
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No. 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
3351. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Regulatory Plan: This entry is Seq. No.
123 in part II of this issue of the
Federal Register.
RIN: 2050-AE97
3352. 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 (HDPE) 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
Data FR Cita
Notice of Data 01/00/05
Availability
Regulatory Flexibility Analysis
Required; No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 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
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73912
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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
3353. REGULATORY AMENDMENTS
TO THE F019 HAZARDOUS WASTE
LISTING TO EXCLUDE WASTEWATER
TREATMENT SLUDGES FROM
CHEMICAL CONVERSION COATING
PROCESS (ZINC PHOSPHATING) OF
AUTOMOBILE BODIES OF ALUMINUM
Regulatory Plan: This entry is Seq. No,
124 in part II of this issue of the
Federal Register.
RIN: 2050-AG15
3354. 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 the 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 of air toxics by 57 tons,
emission of nitrogen oxides (NOx) by
132 tons, discharges to water of
biochemical oxygen demand (BODJ,
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
NPRM
Final Action
Date FR Cite
05/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4828;
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1808T,
Washington, DC 20460
Phone: 202-566-2884
TDD Phone; 202 566-2884
Fax: 202-566-0966
Email: sachs.robert@epamail.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1808T, Washington, DC 20460
Phone: 202-566-2872
TDD Phone; 202 566-2872
Fax: 202 566-2985
Email; guest.david@epamail.epa.gov
RIN: 2090-AA34
3355. « REGULATORY INCENTIVES
FOR THE NATIONAL
ENVIRONMENTAL PERFORMANCE
TRACK PROGRAM; DIRECT FINAL
RULE
Priority: Info,/Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262.34
Legal Deadline: None
Abstract: EPA is taking direct final
action to revise and correct certain
provisions in the Resource
Conservation and Recovery Act (RCRA)
program applicable only to members of
the National Environmental
Performance Track Program. The
revisions concern the proposed rule
published on August 13, 2002 (67 FR
52674), and the subsequent final rule
published on April 22, 2004 (69 FR
21737), Both the proposal and the final
rule contained an inconsistency
between the preamble language and
regulatory language. The final rule also
inadvertently omitted three references
to applicable regulatory provisions that
were properly referenced in the
proposed rule. The proposed and final
rules cover provisions under both the
Clean Air Act and RCRA. The direct
final rule applies only to the RCRA
provisions. The Clean Air Act
provisions are unchanged.
Timetable:
Action
Date FR Cite
NPRM 11/00/04
Direct Final Action 11 /00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No, 4944;
Agency Contact: Bob Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone; 202 566-2884
Fax: 202 566-0968
Email: sachs.robert@epa.gov
RIN: 2090-AA36
3356. • REGULATORY INCENTIVES
FOR THE NATIONAL
ENVIRONMENTAL PERFORMANCE
TRACK PROGRAM; DIRECT FINAL
RULE
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262.34
Legal Deadline: None
Abstract: EPA is taking direct final
action to revise and correct certain
provisions in the Resource
Conservation and Recovery Act (RCRA)
program applicable only to members of
the National Environmental
Performance Track Program. The
revisions concern the proposed rule
published on August 13, 2002 (67 FR
52674), and the subsequent final rule
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73913
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
published on April 22, 2004 (69 FR
21737), Both the proposal and the final
rule contained an inconsistency
between the preamble language and
regulatory language. The final rule also
inadvertently omitted three references
to applicable regulatory provisions that
were properly referenced in the
proposed rule. The proposed and final
rules cover provisions under both the
Clean Air Act and RCRA. The direct
final rule applies only to the RCRA
provisions. The Clean Air Act
provisions are unchanged,
Timetable:
Action
Date
FR Cite
NPRM 11/00/04
Direct Final Action 11 /00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4944;
Agency Contact: Bob Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epa.gov
RIN: 2090-AA37
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3357, STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Regulatory Plan: This entry is Seq. No.
133 in part II of this issue of the
Federal Register.
RIN: 2050-AE44
3358. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a)
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 61 items under four
Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3 and
CPG4), 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 has proposed one new and
one revised item designation in CPG5,
Timetable:
Action
NPRM-CPG1
Final CPG1
NPRM CPG2
Final CPG2
NPRM-CPG3
Final-CPG3-RMAN3
NPRMCPG4
NPRM-CPG5
Final~CPG4-RMAN4
Final CPQ 5
Date FR Cite
04/20/94 59 FR 18892
05/01/95 60 FR 21 370
11/07/96 61 FR 57748
11/13/97 62 FR 60962
08/26/98 63 FR 45558
01/19/00 65 FR 3069
08/28/01 66 FR 45256
12/10/03 68 FR 6881 3
04/30/04 69 FR 24028
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545,
EDocket No, www.epa.gov/edocket;
Sectors Affected: 92119 All Other
General Government; 92111 Executive
Offices
URL For More Information:
www.epa.gov/cpg
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: 2Q50-AE23
3359. 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 63; 40 CFR 171;
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
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73914
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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
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
NPRM
Final Action
10/30/02 67 FR 66252
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3939;
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0490
Fax: 703 308-0511
Email: kirkland.kim@epamail.epa.gov
RiN: 2050-AE41
3360. HAZARDOUS WASTE MANIFEST
REGULATION
Regulatory Plan: This entry is Seq. No.
132 in part II of this issue of the
Federal Register.
RIN: 2050-AE21
3361. RCRA BURDEN REDUCTION
INITIATIVE
Regulatory Plan: This entry is Seq. No.
134 in part II of this issue of the
Federal Register.
RIN: 2050-AE50
3362. LOADING-BASED LISTING OF
NON-WASTEWATERS FROM THE
PRODUCTION OF SELECTED
ORGANIC DYES, PIGMENTS, AND
FOOD, DRUG, AND COSMETIC
COLORANTS
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
3001; 42 USC 9802 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 16, 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 alao be 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 loading level 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
NPRM-Dyes1
NPRM- Dyes 2
NPRM3
Final Action
Date
12/22/94
07/23/99
11/25/03
02/00/05
FR Cite
59 FR 66072
64 FR 401 92
68 FR 66 164
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information; SAN No, 3066;
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Robert Kayser,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73915
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Phone: 703-308-7304
Fax; 703 308-0514
Email: kayser.robert@epamail.epa.gov
Chichang Chen, Environmental
Protection Agency, Solid Waste and
Emergency Response, OS-333, 5304W,
Washington, DC 20460
Phone: 703-308-0441
Fax: 703 308-0514
Email; chen.chichang@epamail.epa.gov
RIN: 2050-AD80
3363, RECYCLING OF CATHODE RAY
TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
Regulatory Plan: This entry is Seq. No.
135 in part I! of this issue of the
Federal Register.
RIN: 2050-AE52
3364. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6921; 42 USC 6922; 42 USC 6924;
42 USC 6926
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(G}(Revision)
Legal Deadline: None
Abstract: This 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 Sec 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
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 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
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5403W, Washington, DC
20460
Phone: 703-308-8672
Email: atagi.tracy@epamail.epa.gov
RIN: 2050-AE84
3365, NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
(PHASE i FINAL REPLACEMENT
STANDARDS AND PHASE II)
Regulatory Plan: This entry is Seq. No.
131 in part II of this issue of the
Federal Register.
RIN: 2050-AEOl
3366. * HAZARDOUS WASTE
MANAGEMENT SYSTEM;
MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM:
MERCURY-CONTAINING EQUIPMENT
Regulatory Plan: This entry is Seq. No.
136 in part II of this issue of the
Federal Register.
RIN: 2050-AG21
3367. 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
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4439;
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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-AA14
3368, 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
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 68FBI8042
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565;
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax; 202 566-2200
Email: panetta.sandra@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
3369. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a) RCRA
2002(a); 42 USC 6921(a) RCRA 3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract; In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that some additional control of CKD
was needed and published a regulatory
determination (60 FR 7366, 2/7/95). On
August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD.
The Agency is now considering an
approach whereby it would finalize the
proposed option of issuing the
protective CKD management standards
as described in the August 20, 1999
proposal as a RCRA subtitle D rule. The
Agency would temporarily suspend its
active consideration of the proposed
listing of mismanaged CKD as a
hazardous waste, and assess how CKD
management practices and state
regulatory programs evolve over the
next three to five years. Based on this
assessment, EPA will then proceed to
either formally withdraw or promulgate
the portion of the 1999 proposal that
classifies as a RCRA hazardous waste
CKD that has been egregiously
mismanaged.
EPA will be promoting pollution
prevention, recycling, and safer
disposal of CKD by considering
finalization of protective management
standards for this waste. The Agency
believes that these management
standards are a creative, affordable, and
common sense approach that can
protect human health and the
environment without imposing
unnecessary regulatory burdens on the
cement kiln industry. These standards
provide a new, tailored framework that
safeguards ground water and limits risk
from releases of dust to air.
Timetable:
Action
Regulatory
Determination
NPRM
Notice - Extend
Comment Period
NODA1
Notice-Extend
Comment Period
Finai Action
Date
FR Cite
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
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected; No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3856;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Gwen DiPietro,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone; 703-308-8285
Fax; 703 308-8686
Email: dipietro.gwen@epamail.epa.gov
RIN: 2050-AE34
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73917
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3370. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector,
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute, The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
steam electric power generators, i.e.,
electric utilities and independent
power producers. This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), which
concluded that waste management
regulations under RCRA are appropriate
for certain coal combustion wastes. The
utility industry has made significant
improvement in its waste management
practices over recent years, and most
State regulatory programs are similarly
improving. However, public comment
and other analyses have convinced the
Agency that coal combustion wastes
could pose significant risks to human
health and the environment if they are
not properly managed. There is
sufficient evidence that adequate
controls may not be in place. For
example, 62 percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these wastes. The intended benefits of
this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
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
Agencv 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
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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
3371. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES—
NON-POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
non-utility combustors. Non-utility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, (i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The intended benefits
of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is currently
analyzing this information. The Agency
will also analyze the human health and
eco risks, costs, and economic impact
of this action as it develops the
proposed regulations. The Agency has
considered alternatives to this action,
including regulating these wastes as
hazardous wastes under subtitle C of
RCRA, but has rejected this approach
as discussed in the regulatory
determination (see 65 FR 32214, May
22, 2000). EPA has also considered
issuing guidance to industry and state
and local governments to focus on the
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Federal Register /Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
unaddressed. 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.
The schedule has been deferred by 18
months pending results of a National
Academy of Sciences study of the
health and environmental risks
associated with placement of power
plant coal combustion byproducts in
coal mines.
Timetable:
Action
Date
FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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;
336 Transportation Equipment
Manufacturing
URL For More Information:
http://www.epa.gov/epaoswer/other/
fossil/index,htm
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
R1N: 2050-AE83
3372. REGULATION OF HAZARDOUS
OIL-BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM TO PRODUCE
SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 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 No. 4411;
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Agency Contact: Michael Wheeler,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0126
Fax: 703 308-8433
Email:
wheeler,michaelm@epamail.epa.gov
RIN: 2050-AE78
3373. 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; 40 CFR
268.9; 40 CFR 270.16; 40 CFR 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 No. 4735;
Agency Contact: Robert Burchard,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703-308-8450
Fax: 703 308-8433
Email: burchard.robert@epamail.epa.gov
RIN: 2050-AF01
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73919
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3374. 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
NPRM
Direct Final Rule
Withdrawal of Direct
Date
1 2/26/02
12/26/02
02/24/03
FR Cite
67 FR
78761—
78763
67 FR 7871 8
68 FR 8553
Final Rule
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No, 4701;
Agency Contact: Marie Holraan,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19103
Phone: 215-814-5463
Fax: 215 814-2782
Email: holman.marie@epaniail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
Philadelphia, 1807T, Philadelphia, PA
19103
Phone: 202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3375. 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
ground-water, 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
NPRM
Final Action
02/12/93 58 FR 8504
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3189;
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703-603-7166
Fax: 703 603-0175
Email: ng.sammy@epamaiLepa.gov
RIN: 2050-AD69
3376. 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 FR 65586
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No, 4091;
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
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Federal Register/Vol. 69, No, 2 38/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
Teena Wooten, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8751
Fax: 703 308-0514
Email: wooten.teena@epamail.epa.gov
RIN: 2050-AE51
3377. 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 1) 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 address
materials undergoing reclamation. In
the context of reclamation, we discuss
options for how to identify materials
that remain in use in a continuous
process in the generating industry and
thus are not solid wastes. In addition,
we proposed criteria for determining
whether or not hazardous secondary
materials are recycled-legitimately.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/28/03 68 FR 61558
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No, 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
3378. 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 imparts 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
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73921
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
Direct Final
04/00/06
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional information: SAN No. 4606;
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.
R1N: 2050-AE93
3379. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 69l2(a) RCRA
2002(a); 42 USC 6924 RCRA 3004; 42
USC 6925 RCRA 3005; 42 USC 6926
RCRA 3006
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self insure
their environmental obligations for
closure, post-closure care and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage and disposal
facilities. If such a firm were to enter
bankruptcv, the government could
incur the clean up liability.
EPA's regulations set the minimum
national standards for State hazardous
waste programs, and so a change in
Federal requirements would be
necessary to ensure consistent
improvements in the test. Without
rulemaking, States would have the
option of not adopting these changes,
and so the improvement in the test
would not be implemented in States
that cannot have regulations that are
more stringent than Federal standards.
The proposal considered several
alternative financial tests, and the
analysis supporting the original
proposal found that the savings from
the proposed alternative would be $19
million in. public and private costs, If
EPA promulgates a revised financial
test, it may affect companies that treat,
store or dispose of hazardous waste.
EPA has suspended work on this
rulemaking because it has asked the
Environmental Financial Advisory
Board (a Federal advisory committee)
to evaluate the financial test proposed
in 1991 as one means of complying
with the requirements for financial
assurance for closure and post-closure
under RCRA subtitle C. Specifically,
EPA has asked the Board, "Should EPA
adopt the financial test proposed in
1991 for hazardous waste, or have
advancements in financial analysis
provided better potential tests in the
meantime?" The Agency will evaluate
the report of the Board before deciding
how to proceed with the 1991 proposed
rulemakinB,
Timetable:
Action
NPRM Original
NPRM
Final
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51 523
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 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
3380. 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
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73922
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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:
Date FR Cite
06/00/06
Action
NPRM
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Atfected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 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: 703 308-0514
Email; mcalister.frank@epamail.epa.gov
BIN: 2050-AF06
3381. RULEMAKING TO STREAMLINE
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 College and University
Laboratory rulemaking is focusing on
the 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 academic laboratories
compared with large manufacturing
processes. For example, 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 academic
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by improving the fit
through regulatory changes to 40 CFR
262.34.
Timetable:
Action
NPRM
Date FR Cite
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4920;
No legal deadline.
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8408
Fax; 703 308-0514
Email: mercer.patricia@epamail.epa.gov
Anna Tschursin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W, 5304W,
Washington, DC 20460
Phone: 703-308-8805
Fax: 703 308-0514
Email; tschursin.annaSepamail.epa.gov
RIN: 2050-AG18
3382. • HAZARDOUS WASTE
MANIFEST REVISIONS—STANDARDS
AND PROCEDURES FOR
ELECTRONIC MANIFESTS
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: This action is aimed at
continuing the development of
regulatory standards and procedures
that will govern the initiation, signing,
transmittal, and retention of hazardous
waste manifests using electronic
documents and systems. EPA proposed
electronic manifest standards in May
2001, as part of a more general manifest
revision action that also addressed
standardizing the paper manifest form's
data elements and procedures for its
use across all states. The Manifest Form
Revisions was decoupled from action
on the electronic manifest, and the
Final Form Revisions Rule is scheduled
to be published in FY 2005.
The May 2001 proposed rule included:
(1) Electronic file formats for the
manifest data elements; (2) electronic
signature options; and (3) computer
security controls aimed at ensuring data
integrity and reliable systems.
Subsequently in May 2004, a
stakeholder meeting collected
additional stakeholder views on the
future direction of the electronic
manifest. Based on the record
developed for the proposed standards
and the additional views from
stakeholders at the May 2004 meeting,
EPA is considering final action on the
proposed standards.
Timetable:
Action
NPRM
Notice of Public
Meeting
Final Action
Date
05/22/01
04/01/04
To Be
FR Cite
66 FR 28240
69 FR 17145
Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; Split from RIN 2050-AE21.
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 Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703-308-8750
Fax: 703 308-0522
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AG20
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73923
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3383. LAND DISPOSAL
RESTRICTIONS PHASE III:
DECHARACTERIZED WASTEWATERS,
CARBAMATE WASTES, AND SPENT
POTLINERS (COMPLETION OF A
SECTION 610 REVIEW)
Priority: Info./Admin./Other
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 LDR's for small entities. In the June
28, 2004 Regulatory Agenda, we
indicated that we would perform a
review of this rule in accordance with
section 610 of the Regulatory Flexibility
Act. We are now announcing the
completion of that review and our
decisions based on that review. We
received no comments on our analysis
that was placed in the docket under
Docket ID number RCRA-2004-0004.
We have, therefore, concluded that this
rule should remain in effect with no
modification.
Timetable:
Action
Date FR Cite
Begin Review
End Review
06/29/04 69 FR 38282
11/02/04
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No, 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
3384, LAND DISPOSAL
RESTRICTIONS PHASE II: UNIVERSAL
TREATMENT STANDARDS, AND
TREATMENT STANDARDS FOR
ORGANIC TOXICITY
CHARACTERISTIC WASTES AND
NEWLY LISTED WASTES
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 148; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 285;
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. In the June 28,
2004 Regulatory Agenda, we indicated
that we would perform a review of this
rule in accordance with section 610 of
the Regulatory Flexibility Act. We are
now announcing the completion of that
review and our decisions based on that
review. We received no comments on
our analysis that was placed in the
docket under Docket ID number RCRA-
2004-0003. We have, therefore,
concluded that this rule should remain
in effect with no modification.
Timetable:
Action
Date FR Cite
Begin Review
End Review
06/28/04 69 FR 38282
11/02/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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.rh onda@epamaiLepa.gov
RIN: 2050-AG19
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Long-Term Actions
3385. REVISIONS TO SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURES (SPCC) RULE
Priority: Other Significant
Legal Authority: 33 USC 1321 CWA sec
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 issued a rule to extend the
compliance deadline for regulated
facilities to amend (or in some cases,
prepare) and implement their SPCC
Plans. This extension provides
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
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73924
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Oil Pollution Act (OPA)
Long-Term Actions
overwhelming number of individual
extension requests, 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 of the 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/potable 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
05/25/04 69 FR 29728
Action
Date
FR Cite
1 Year Compliance
Extension NPRM
18 Months
Compliance
Extension Final
NODAi!
NODAi2
NPRM
06/17/04 69 FR 34014
08/11/04 69 FR 48794
09/20/04
09/20/04
02/00/07
69 FR 56184
69 FR 56182
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
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: 703 603-9116
Email;
fleischman.hugo@epamail.epa.gov
RIN: 2050-AG16
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3386. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 (JSC 9605 CERCLA
105
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
-that have been cleaned up.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Action
Final 20
NPRM 24
Final 21
NPRM 25
Final Tex-Tin
Final 22
NPRM 26
Date
03/06/98
03/06/98
07/28/98
07/28/98
09/18/98
09/29/98
09/29/98
FR Cite
63 FR 11332
63 FR 11340
63 FR 40182
63 FR 40247
63 FR 49855
63 FR 51848
63 FR 51882
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
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final (Adds 19 Sites)
NPRM 38
Final Action
Final Action
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 51 567
12/01/00 65 FR 75179
12/01/00 65 FR 752 15
01/11/01 66 FR 2380
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 653 15
04/30/03 68 FR 23077
NPRM
Final 35 (Adds 12
Sites)
NPRM40
Final
NPRM Vieques
NPRM 41
Final
NPRM
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 10646
07/23/04 69 FR 43755
08/13/04 69 FR 50115
09/23/04 69 FR 56949
09/23/04 69 FR 56949
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703-603-8835
Fax: 703 603-9100
Email: singer.yolanda@epamail.epa.gov
Terry Jeng, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 202-564-0629
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EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Email; jeng.terry@epamail.epa.gov
RIN: 205Q-AD75
3387, 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 No. 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)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3388. 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) and are assigned a one
pound statutory reportable quantity
(ROJ 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 proposed an RQ
adjustment for the inorganic chemical
manufacturing process waste (K178)(66
FR 58258, 11/20/01),
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone; 703-603-9086
Fax: 703 603-9104
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AE12
3389. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O is
the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian tribes, and
territories of the United States. Subpart
O covers State-lead, site-specific
cooperative agreements for non-time-
critical removal, preremedial, remedial,
and enforcement actions, and site-
specific management assistance for
federal-lead projects. Also covered by
subpart O are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
contracts, financial administration,
property, procurement, reporting,
recordkeeping, and closeout are
provided in subpart O.
Subpart O was promulgated 6/5/1990,
and became effective on 7/5/1990,
Many changes in the Superfund
program have occurred over the past
almost ten years and these need to be
reflected in subpart O, The six
categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for fiscal year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
40 CFR part 31, These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement Funds to certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements).
EPA expects to institutionalize the
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and promote other policy
advances in State/tribal/EPA
interaction,
Timetable:
Action
Date
FR Cite
Interim Final Rule
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 4177;
Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703-300-8506
Fax: 703 308-8433
Email: biggs.kirby@epamail.epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3390. 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 No. 4201;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703-603-9086
Fax: 703 603-9104
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AE63
33i1. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority: Other Significant
Legal Authority: 42 USC 9603
CFR Citation: 40 CFR 302.B(c)
Legal Deadline: None
Abstract: The Agency is considering
proposing to administratively exempt
from reporting requirements the
releases of certain NOx emissions to
air. This would eliminate reports from
facilities emitting NOx where the
Agency has determined that the
releases pose little or no risk or to
which a Federal response is infeasible
or inappropriate. Requiring reports of
such releases would serve little or no
useful purpose and could, instead,
impose a significant burden on the
Federal response system and on the
persons responsible for notifying the
Federal government of the release.
Timetable:
Action Date FR Cite
NPRM 01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4736;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703-603-9086
Fax: 703 603-9104
Email: beasley.lynn@epainail.epa.gov
RIN: 2050-AF02
3392. STANDARDS AND PRACTICES
FOR CONDUCTING ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 312
Legal Deadline: Final, Statutory,
January 11, 2004, Small Business
Liability Protection Act section 223,
CERCLA 101(35)(B)(2)(ii),
Abstract: The Small Business Liability
Relief and Brownfields Revitalization
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73927
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
Act (the "Brownfields Amendments")
amended a number of provisions in
CERCLA including section 10l(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)(iii) 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
Final Action
08/26/04 69 FR 52542
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 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
R1N: 2050-AF04
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3393. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES-
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces, Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as fire
main); and some have the potential to
introduce nonindigenous invasive
aquatic species (such as ballast water).
Phase II will establish performance
standards for control devices for these
25 discharges. The Phase II
performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. 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
Final Action
01/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional information: SAN No. 4357;
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1272
Fax: 202 566-1053
Email:
giordano.steven@epamail.epa.gov
Brian Rappoli, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202-566-1548
Fax: 202 566-1546
Email: rappoli.biian@epamail.epa.gov
R1N: 2040-AD39
3394, 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
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73928
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
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), capacity assurance,
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
NPRM
Final Action
Date FR Cite
11/00/05
10/00/07
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 No, 3999;
Note; This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
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
3395. 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; 40 CFR 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 one point source category
and the general definitions 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 some long-term savings in
the annual cost of printing these
regulations. The point source category
which would be recodified by this
action is Petroleum Refining (part 419).
The revisions would also expand the
list of general definitions in section
401.11.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/05
09/00/05
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4822;
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1031
Fax: 202 566-1053
Email: wise,hugh@epamaiLepa.gov
RIN: 2040-AE61
3396. • EFFLUENT GUIDELINES FOR
THE TRANSPORTATION EQUIPMENT
CLEANING POINT SOURCE
CATEGORY
Priority: Info./Admin./Other
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1342; 33 USC 1361
CFR Citation: 40 CFR 442.16
Legal Deadline: None
Abstract: On August 14, 2000, EPA
published at 40 CFR 442 final effluent
limitations and standards for the
transportation equipment cleaning
point source category. These guidelines
apply to the discharge of wastewater
from facilities that clean the interiors
of various tank trucks, rail cars, barges
and ocean/sea tankers, The final rule
contained a typographical error, The
rule used the word "existing" instead
of "new" in defining pretreatment
standards for new sources (PSNS) at 40
CFR 442,16, This action corrects this
typographical error. There will be no
changes to the pollutant limits, OW
plans to issue the corrections as a
direct final rule because we anticipate
no adverse comments.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
01/00/05
01/00/05
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4932
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-AE65
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73929
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3397. 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.
The proposal included 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 FR 18166
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4540;
This action incorporates the following
analytical methods that had previously
been tracked independently: 1. RIN
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
3398. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Regulatory Plan: This entry is Seq. No.
140 in part II of this issue of the
Federal Register.
RIN: 2040-AD70
3399, 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 02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 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.ian@epamail.epa.gov
RIN: 2040-AC58
3400. 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 I22.4i(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies, One
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EPA—Clean Water Act (CWA)
Final Rule Stage
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
01/00/05
Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 4690;
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Debell,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0040
Fax: 202 564-6392
Email: debell.kevin@epamail.epa.gov
Patrick Bradley, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202-564-0729
Fax: 202 564-6392
Email: bradley.patrick@epamailepa.gov
RIN: 2040-AD87
3401, WATER QUALITY STANDARDS
FOR PATHOGENS AND PATHOGEN
INDICATORS FOR COASTAL
RECREATION WATERS
Priority: Other Significant
Legal Authority: 33 USC 1313, CWA
303
CFR Citation: 40 CFR 13 ID
Legal Deadline: Final, Statutory,
October 8, 2004, 90 days after 7/9/04
(303(c)(4)).
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. On
July 9, 2004, EPA published a proposed
rule establishing 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 is a final
rule. Publication of the final rule rule
is expected in November 2004.
Timetable:
Action Date
FR Cite
NPRM
Final Action
07/09/04 69 FR 41719
11/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4852,
EDocket No. OW-2004-0010;
URL For More Information:
http://www.epa.gov/waterscience/
beaches/bacteria-rule-fs.htm
Agency Contact: Richard Healy,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202-566-0405
Fax: 202 566-0409
Email: healy.richard@epamail.epa.gov
RIN: 2040-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3402. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC I32i(d)(2);
CWA 3ll(d)(z)
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
effectiveness and toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) which may affect natural resources
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EPA—Clean Water Act (CWA)
Long-Term Actions
belonging to or under the exclusive
management authority of the United
States,
Timetable:
Timetable:
Action
NPRM
Final Action
Date FR Cite
12/17/93 58 FR 66078
To Be Determined
federally approved water quality
standards where possible,
Timetable:
Action Date FR Cite
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 No. 4526;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-9918
Fax: 703 603-9116
Email: nichols.nick@epa.gov
BIN: 2050-AE87
3403. 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 III. EPA is considering the public
comments on the proposed rule and the
new data acquired since proposal. EPA
will consider as part of its effluent
guidelines planning process under
CWA section 304 (b) whether to
proceed with the rulemaking or
whether assistance to States will more
appropriately address any concerns
with discharges from these facilities.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370;
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Donald Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone; 202 566-1021
Fax: 202 566-1053
Email:
anderson.donaldf@epamail.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
3404. 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 Advanced 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, and
will be conducting further outreach,
dialogue, and government-to-
government consultation with tribes,
and will be consulting with other
stakeholders. A Federal promulgation
would not prevent tribes from
developing and adopting their own
ANPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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
Shaja Brothers, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202-566-1480
Fax: 202 566-0409
Email; brothers.shaja@epamail.epa.gov
RIN: 2040-AD46
3405. 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 proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new EPA methods for the
determination of trace metals at EPA's
water quality criteria levels. These
methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. Because the
methods currently approved under 40
CFR part 136 were designed to support
primarily technology-based permitting
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EPA—Clean Water Act (CWA)
Long-Term Actions
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,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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
Marion Kelly, Environmental Protection
Agency, Water, 43Q3T, Washington, DC
20460
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
R1N: 2040-AC75 -
3406. 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: EPA is considering
preparation of a document that would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136, The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Date
FR Cite
Action
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 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@epamail.epa.gov
RIN: 2040-AC92
3407. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
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 action would establish
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 also discuss the
format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. It would also describe EPA's
planned steps to provide additional
information through a clearinghouse,
technical bulletins, and/or guidance
documents geared towards clarifying
technical and policy issues associated
with the use of test methods approved
for use in the program.
Timetable:
Action
NPRM
Final Action
Date FR Cite
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No, 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
3408, TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
136l(a)
CFR Citation: 40 CFR 136; 40 CFR 503
Legal Deadline: None
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73933
EPA—Clean Water Act (CWA)
Long-Term Actions
Abstract: The proposal would 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
NPRM
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected; No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No, 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
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-AD09
3409. NPDES APPLICATIONS
REVISIONS
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 modifying and
streamlining existing permit application
requirements. 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,
Local, State, Tribal
Additional Information: SAN No. 3786;
Agency Contact: Pravin Rana,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-1909
Fax: 202 564-1909
Email; rana.pravin@epamail.epa.gov
Tom Laverty, Environmental Protection
Agency, Water, EN-336, Washington,
DC 20460
Phone; 202 564-7974
Email: laverty.tom@epa.gov
RIN: 2040-AC84
3410. 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 No. 4623;
Agency Contact: Christine Ruf,
Environmental Protection Agency,
Water, 4503T, Washington, DC 20460
Phone: 202 566-1220
Fax: 202 566-1333
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
3411. GRAY AND BLACK WATER
DISCHARGES FROM CRUISE SHIPS
OPERATING IN CERTAIN ALASKAN
WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-554, sec 1404
to 1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment, The
implementation of these regulations
will reduce the environmental impacts
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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 06/00/06
Final Action 06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected; None
Additional Information: SAN No. 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: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
BIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3412. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 450; 40 CFR 122
Completed:
Reason
Final Action
Date
FR Cite
04/26/04 69 FR 22472
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Jesse Pritts
Phone: 202-586-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
RIN; 2040-AD42
3413. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONCENTRATED AQUATIC ANIMAL
PRODUCTION INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 451
Completed:
Reason
Final Action
Date
FR Cite
08/23/04 69 FR 51891
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Marta Jordan
Phone: 202-566-1049
Fax; 202 566-1053
Email: jordan.marta@epamail.epa.gov
Marvin Rubin
Phone: 202-566-1050
Fax: 202 566-1053
Email: rubm.marvin@epamail.epa.gov
RIN: 2040-AD55
3414. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT AND
POULTRY PRODUCTS POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
CFR Citation: 40 CFR 432 (Revision)
Completed:
Date
Reason
FR Cite
Final Action 09/08/04 69 FR 54475
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Samantha Lewis
Phone: 202-564-0000
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
Marvin Rubin
Phone: 202-566-1050
Fax: 202 566-1053
Email: rubin.marvin@epamail.epa.gov
RIN: 2040-AD56
3415. EFFLUENT GUIDELINES
PROGRAM PLAN FOR 2004
Priority: Substantive, Nonsignificant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Plan 09/02/04 69 FR 53705
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carey Johnston
Phone: 202-566-1014
Fax; 202 566^1053
Email: johnston.carey@epamail.epa.gov
Tom Wall
Phone: 202-566-1060
Fax: 202 566-1053
Email: wall.tom@epamail.epa.gov
RIN: 2040-AD92
3416. TEST PROCEDURES:
REVISIONS TO METHOD DETECTION
AND QUANTITAT1ON FOR THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Withdrawn
11/08/04 69 FR 64 707
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Richard Reding
Phone; 202 564-4656
Fax; 202 564-3760
Email: reding.richard@epamail.epa.gov
Marion Kelly
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AD53
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73935
EPA—Clean Water Act (CWA)
Completed Actions
3417. 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,
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Completed:
Reason
Date
FR Cite
Final Action 07/09/04 69 FR 47210
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Martha Segall
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epamail.epa.gov
Tom Wall
Phone: 202-566-1060
Fax; 202 566-1053
Email; wall.tom@epamail.epa.gov
RIN: 2040-AD62
3418. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 230
Completed:
Reason
Date
FR Cite
Withdrawn 10/07/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: John Goodin
Phone: 202-566-1373
Fax: 202 566-1375
Email; goodin.john©epamail.epa.gov
RIN: 2040-AC14
3419. CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 35.3125(b)(l)
Completed;
Reason
Date
FR Cite
Withdrawn 11/15/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Gary Hudiburgh
Phone: 202-564-0626
Email: hudiburgh.gary@epamail.epa.gov
RIN: 2040-AD68
3420. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
ARMED FORCES VESSELS—PHASE II
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 1700 [New)
Completed:
Reason
Date
FR Cite
Withdrawn 09/22/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Federalism: This action may have
federalism implications as defined in
EO 13132.
Agency Contact: Steven Giordano
Phone: 202-566-1272
Fax: 202 566-1053
Email:
giordano.steven@eparnail.epa.gov
Brian Rappoli
Phone: 202-566-1548
Fax: 202 566-1546
Email: rappoli.brian@epamail.epa.gov
RIN: 2040-AE64
3421. • WITHDRAWAL OF CERTAIN
FEDERAL WATER QUALITY CRITERIA
APPLICABLE TO ALASKA,
ARKANSAS, AND PUERTO RICO
Priority: Routine and Frequent
Legal Authority: Not Yet Determined
CFR Citation: None
Legal Deadline: None
Abstract: EPA is publishing a rule to
withdraw certain Federal Water Quality
criteria applicable to Alaska, Arkansas,
and Puerto Rico because each has
developed its own State/U.S. territory
standards.
Timetable:
Action
Date
FR Cite
Final Action
10/29/04 69 FR 63079
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4945;
Agency Contact: Shaja Brothers,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202-566-1480
Fax: 202 566-0409
Email; brothers.shaja@epamail.epa.gov
RIN: 2040-AE67
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3422. 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 the
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this proposed action is to
meet that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR 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.
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73936
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date FR Cite
06/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4770;
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water, MS 140, Washington, DC 20460
Phone: 513-569-7843
Fax: 513 569-7191
Email: munch.daveSepamail.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
R1N: 2040-AD93
3423. 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 USC 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 Agency to
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
whether 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: (l) 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 No. 4821;
Agency Contact: Wynne Miller,
Environmental Protection Agency,
Water, 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: 202 564-3760
Fax: 202 564-4885
Email:
carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3424. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
GROUNDWATER RULE
Regulatory Plan: This entry is Seq, No.
137 in part II of this issue of the
Federal Register.
RIN: 2040-AA97
3425, NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Regulatory Plan: This entry is Seq. No.
138 in part II of this issue of the
Federal Register.
RIN: 2040-AD37
3426, NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No.
139 in part II of this issue of the
Federal Register.
RIN: 2040-AD38
3427. DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Routine and Frequent
Legal Authority: 42 USC 300f et seq
CFR Citation: None
Legal Deadline: Other, Statutory,
February 6, 2003, Publication of list,
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 Federal Register notice informs
interested parties of EPA's Final CCL
2 as well as EPA's efforts to improve
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Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
73937
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
the containment selection process for
future CCLs.
Timetable:
Action
Date
FR Cite
Preliminary Notice 04/02/04 69 FR 17406
Final Notice 12/00/04
Regulatory Flexibility Analysis
Required; No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4703,
EDocket No. OW-2003-0028;
URL For More Information:
epa.gov/safewater/ccl/cclfs.html
Agency Contact: Daniel Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5239
Fax: 202 564-3760
Email: olson.daniel@epamail.epa.gov
Jitendra Saxena, Environmental
Protection Agency, Water, 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)
Long-Term Actions
3428. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates; This action may
affect State, local or trihal governments.
Legal Authority: 42 USC 300f et seq
SDWA1412
CFR Citation: 40 CFR 141; 40 CFR 142
Lsgal 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. Systems
would also be able to develop a State
approved MMM program in the absence
of a State program.
Timetable:
Action
ANPRM
NPRM Original
Notice99
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
11/02/99
12/00/05
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
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 No. 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: 202 564-3760
Email: i'eding,richard@epamail.epa.gov
RIN: 2040-AA94
3429. 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:
Date
FR Cite
Action
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 No, 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
3430. 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
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73938
Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water 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 health 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
evaluate information on MTBE as well
as a number of other contaminants, is
anticipated for August 2005,
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required; No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404;
Sectors Affected: 22131 Water Siipply
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
3431. 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 to
strengthen 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
NPRM
Final Action
Date FR Cite
06/00/06
06/00/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775;
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5280
Fax: 202 564-3767
Email: rotert.kenneth@eparnail.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
3432. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 30Qg-l(b)
CFR Citation: 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 (CCLJ. 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 may 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 No. 4745;
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-3760
Fax: 202 564-4885
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-
mohamadu.yvette@epamail.epa.gov
RIN: 2040-AD99
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Federal Register/Vol. 69, No. 238/Monday, December 13, 2004/Unified Agenda
73939
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
3433. 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 No. 4236;
Agency Contact: Mario Salazar,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone; 202-564-3894
Fax: 202 564-3756
Email: salazar.mario@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
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3434. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: MINOR
CORRECTIONS AND CLARIFICATION
TO DRINKING WATER REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 140 and 141
Completed:
Reason
Date
FR Cite
Final Action 06/29/04 69 FR 38850
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Agency Contact: Tracy Bone
Phone: 202-564-5257
Fax: 202 564-3787
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AE58
3435. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ANALYTICAL
METHOD FOR URANIUM
Priority; Substantive, Nonsignificant
CFR Citation: 40 CFR 141.25
Completed:
Reason Date FR Cite
NPRM
Reason
Date
FR Cite
Direct Final Action 06/02/04 69 FR 31008
Withdrawal of Direct 08/25/04 69 FR 52181
Final Rule
Final Action 08/25/04 69 FR 52176
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lisa Christ
Phone; 202-564-8354
Email: chrlst.lisaeepamail.epa.gov
06/02/04 69 FR 31068 RIN: 2040-AE62
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3436, SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688 sec
4103.b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. coastal waters, This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. 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
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73940
Federal Register/Vol. 69, No, 238/Monday, December 13, 2004/Unified Agenda
EPA—Shore Protection Act (SPA)
Long-Term Actions
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
NPRM
Final Action
Date
FR Cite
08/30/94 58 FR 44798
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local
Additional Information: SAN No, 2820;
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1272
Fax: 202 566-1053
Email:
giordano.steven@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax; 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 04-25765 Filed 12-10-04; 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. The SequenceNumber (Seq. No.) of the entry identifies
the location of the entry in this edition.
3262 Fuels and Fuel Additives Registration Regulations (Section 610 Review)
3263 Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (Section 610 Review)
3264 NESHAP: Secondary Lead Smelting (Section 610 Review)
3265 NESHAP; Petroleum Refineries (Section 610 Review)
3277 WPS; Pesticide Worker Protection Standard (WPS) Rule (Section 610 Review)
3297 Lead; Requirements for Lead-based Paint Activities in Target Housing and Child-Occupied Facilities (Section 610 Review)
3383 Land Disposal Restrictions Phase III: Decharacterized Wastewaters, Carbamate Wastes, and Spent Potiiners (Completion
of a Section 610 Review)
3384 Land Disposal Restrictions Phase II: Universal Treatment Standards, and Treatment Standards for Organic Toxicity
Characteristic Wastes and Newly Listed Wastes (Completion of a Section 610 Review)
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying those rules that may
have a significant economic impact on a substantial number of small entities. Agencies meet that requirement by including the
information in their submissions for the Unified Agenda. The following index lists the regulatory actions in this publication for
which EPA believes 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.
Businesses
117 Lead-Based Paint Activities; Voluntary Program for Renovation and Remodeling
137 National Primary Drinking Water Regulations: Groundwater Rule
3195 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States
3253 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel
3325 Lead-Based Paint Activities; Abatement Amendments for Renovation and Remodeling
3412 Effluent Guidelines and Standards for the Construction and Development Industry
3428 National Primary Drinking Water Regulations: Radon
3431 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System Requirements
-------
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 including EPA 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.
Businesses
116 Notification of Chemical Exports Under TSCA Section 12(b)
120 Pesticides; Data Requirements for Conventional Chemicals
127 Clean Air Mercury Rule—Electric Utility Steam Generating Units
130 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
131 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement
Standards and Phase II)
138 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule
139 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule
140 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facilities Under Section 316(b) of
the Clean Water Act, Phase 3
3033 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance Agreements
3034 Public Information and Confidentiality Regulations
3036 Persistent, Bioaeeumulative, and Toxic (PBT) Pollutants Strategy
3052 Review of New Sources and Modifications in Indian Country
3057 Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand
3058 NESHAP: Ethylene Oxide for Sterilization Facilities—Residual Risk Standards
3061 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards
3062 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard
3064 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium
Anodizing Tanks—Residual Risk Standards
3067 National VOC Emission Standards for Consumer Products; Proposed Amendments
3070 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area
3071 Inspection/Maintenance Recall Requirements
3082 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and Export; Correction
3088 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per Cylinder
3091 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems
3107 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments
3108 Control of Ultra Low Sulfur Diesel Fuel Lubricity
3111 Protection of Stratospheric Ozone Modifications to the Technician Certification Requirements Under Section 608 of the Clean
Air Act
3114 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide (Coatings)
3121 New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Compression Ignition Engines
3127 Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone
3136 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60
3155 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide
3156 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington
3164 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated and Conventional
Gasoline Including Butane Blenders and Attest Engagements
3168 Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute Refrigerants; Leak Repair Requirements for
Refrigeration and Air-Conditioning Equipment
3187 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard
3197 NESHAP: Group II Polymers and Resins— Residual Risk Standards
3198 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations— Residual Risk Standard
3199 NESHAP: Secondary Lead Smelting Residual Risk Standards
3200 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards
3201 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards
3202 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards
3203 NESHAP: Printing and Publishing Industry—Residual Risk Standards
3204 NESHAP: Petroleum Refineries—Residual Risk Standards
3208 Control of Methyl Tertiary Butyl Ether (MTBE)
3209 Operating Permits: Revisions (Part 70)
3212 Performance Warranty and Inspection/Maintenance Test Procedures
-------
3224 Mineral Wool Production Residual Risk Standard
3225 NESHAP for Flexible Polyurefhane Foam Production: Residual Risk Standards
3226 NESHAP: Pharmaceuticals Production:Residuai Risk Standards
3230 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization
3233 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
3240 New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Spark Ignited Engines
3242 NESHAP: Reciprocating Internal Combustion Engine
3243 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters
3246 NESHAP: Plywood and Composite Wood Products
3247 Plastic Parts and Products (Surface Coating) NESHAP
3248 NESHAP: Chromium Electroplating Amendment
3250 NESHAP: Solvent Extraction for Vegetable Oil: Amendments
3256 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and Recovery/Recycling Equipment
Intended for Use With Substitute Refrigerants
3267 National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production: Amendments
3279 Pesticides; Data Requirements for Antimicrobials
3282 Pesticides; Procedures for the Registration Review Program
3285 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
3290 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
3292 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
3296 Future Testing for Existing Chemicals (Generic Entry)
3301 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
3302 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
3305 Follow-Up Rules on Existing Chemicals
3306 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in Residential Upholstered
Furniture
3307 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl Ethers (PBDEs)
3311 Lead; Management and Disposal of Lead-Based Paint Debris
3313 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
3315 TSCA Section 8(a) Preliminary Assessment Information Rules
3316 TSCA Section 8(d) Health and Safety Data Reporting Rules
3317 Testing Agreement for Perfluorooctanoic Acid (PFOA)
3318 Testing Agreement for Diethanolamine
3319 Testing Agreement for Hydrogen Fluoride
3320 Testing Agreement for Phthalic Anhydride
3321 Testing Agreement for Maleic Anhydride
3322 Asbestos Model Accreditation Plan Revisions
3323 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
3324 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan Rule—Bridges and
Structures
3326 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Processing, and Distribution in
Commerce
3327 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; implementation Issues
3328 Test Rule; Hazardous Air Pollutants (HAPs)
3329 Test Rule; Certain Metals
3330 Testing Agreement for Certain Oxygenated Fuel Additives
3331 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
3332 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)
3333 Voluntary High Production Volume (HPV) Chemical Challenge Program
3334 TSCA Policy Statement on Oversightof Transgenic Organisms (Including Plants)
3335 Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target
Housing
3336 Testing Agreement for ArylPhosphates (ITC List 2)
3337 Test Rule; Brominated FlameRetardants (BFRs)
3339 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic Release Inventory
3340 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the Dioxin and Dioxin-like
Compounds Category Under EPCRA, Section 313
3347 TRi; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemption
3348 TRI; Pollution Prevention Act Information Requirements
3349 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction and Beneficiation
3362 Loading-Based Listing of Non-Wastewaters from the Production of Selected Organic Dyes, Pigments, and Food, Drug, and
Cosmetic Colorants
3371 Standards for the Management of Coal Combustion Wastes—Non-Power Producers and Minefilling
3376 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
3379 RCRA Subtitle C Financial Test Criteria (Revision)
3380 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
3392 Standards and Practices for Conducting All Appropriate Inquiries
3399 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
3402 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
-------
3413 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry
3414 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revisions)
3417 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facilities Under Section 316(b)
of the Glean Water Act, Phase 2
3429 National Primary Drinking Water Regulations: Aldicarb
3434 National Primary Drinking Water Regulations: Minor Corrections and Clarification to Drinking Water Regulations
3436 Shore Protection Act, Section 4103(b) Regulations
Governmental Jurisdictions
3051 NSPS and Emission Guidelines for Other Solid Waste Incinerators
3072 Ambient Air Quality Monitoring Regulations:Revisions
3078 Transportation Conformity Rule Amendments for New 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards
3215 Rescinding Finding That Preexisting PM10 Standards Are No Longer Applicable in Northern Ada County/Boise, Idaho
3389 Revise 40 CFR Part 35 Subpart 0: Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
3394 NPDES Permit Requirements forMunicipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection
Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
3400 Policy Regarding National PollutantDischarge Elimination System Permit Requirements for Municipal Wastewater Treatment
During Wet Weather Conditions
3422 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions
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D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993.(58 FRS173S) and the
Unfunded Mandates Reform Act of 199S (P.L. 104-4) direct agencies to assess the effects of Federal regulations on State, local,
and tribal governments. In keeping with these efforts, agencies include in their submissions for the Unified Agenda information
on whether their regulatory actions have an effect on various levels of government. See also Index E for entries that may have
"federalism implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR 4325S).
The following index lists the regulatory actions in this publication that may haveeffects on State, local, tribal, or Federal levels of
government. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
State
117 Lead-Based Paint Activities;
Voluntary Program for Renovation
and Remodeling
118 Clean Air Fine Particle
Implementation Rule
119 Prevention of Significant
Deterioration (PSD) and
Nonattainmen New Source Review
(NSR): Allowables Plantwide
Applicability Limit (PAL),
Aggregation, and Debottlenecking
121 Pesticides; Emergency
Exemption Process Revisions
125 Toxics Release Inventory
Reporting Burden Reduction Rule
126 Clean Air Visibility Rule
127 Clean Air Mercury
Rule—Electric Utility Steam
Generating Units
128 Clean Air Ozone Implementation
Rule (Part 1 and Part 2)
129 Nonattainment Major New
Source Review (NSR)
131 NESHAPS: Standards for
Hazardous Air Pollutants for
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II)
132 Hazardous Waste Manifest
Regulation
133 Standardized Permit for RCRA
Hazardous Waste Management
Facilities
134 RCRA Burden Reduction
Initiative
135 Recycling of Cathode Ray
Tubes (CRTs): Changes to
Hazardous Waste Regulations
136 Hazardous Waste Management
System; Modification of the
Hazardous Waste Program:
Mercury-Containing Equipment
137 National Primary Drinking Water
Regulations: Groundwater Rule
138 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
139 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
140 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 3
141 Cross-Media Electronic
Reporting (ER) and Recordkeeping
Rule (CROMERRR)
3032 Project XL Site Specific
Rulemaking for NASA White Sands
Test Facility Electronic Reporting in
Las Cruces, New Mexico (Phases I
and II)
3033 Utilization of Small, Minority
and Women's Business Enterprises
in Procurement Under Assistance
Agreements
3036 Persistent, Bioaccumulative,
and Toxic (PBT) Pollutants Strategy
3037 Project XL Site Specific
Rulemaking for the NASA White
Sands Test Facility in Las Cruces,
New Mexico (Phases III-VI)
3046 Revision to Policy on Control of
Volatile Organic Compounds (VOC)
3050 General Conformity
Regulations; Revisions
3051 NSPS and Emission
Guidelines for Other Solid Waste
Incinerators
3054 Performance Specification 16 -
Specifications and Test Procedures
for Predictive Emission Monitoring
Systems in Stationary Sources
3056 NESHAP: Printing and
Publishing Industry; Amendments
3064 National Emission Standards
for Chromium Emissions From Hard
and Decorative Chromium
Electroplating and Chromium
Anodizing Tanks—Residual Risk
Standards
3067 National VOC Emission
Standards for Consumer Products;
Proposed Amendments
3072 Ambient Air Quality Monitoring
Regulations: Revisions
3078 Transportation Conformity Rule
Amendments for New 8-Hour Ozone
and PM2.5 National Ambient Air
Quality Standards
3094 Amendments to Vehicle
Inspection and Maintenance
Program Requirements
To Address New 8-Hour Ozone
Standard
3101 Proposal To Exempt Area
Sources Subject to NESHAPs From
Federal and State Operating Permit
Programs
3103 Prevention of Significant
Deterioration for Nitrogen Oxides
New Source Review (NSR); Routine
Maintenance, Repair and
Replacement (RMRR); Maintenance
and Repair Amendments
3116 NESHAP: General
Provisions—Amendments
3121 New Source Performance
Standards (NSPS) for Reciprocating
Internal Combustion Compression
Ignition Engines
3125 Part 63 General
Provisions—Response to Petition to
Reconsider
3126 Prevention of Significant
Deterioration (PSD) and Non-
Attainment New Source Review
(NSR): Reconsideration of Inclusion
of Fugitive Emissions
3127 Federal Implementation Plans
to Reduce Interstate Transport of
Fine Particulate Matter and Ozone
3130 Amendment to Subparts H and
I for Emissions of Radionuclides
Other Than Radon From DOE
Facilities
3131 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
3142 National Emission Standards
for Coke Oven Batteries—Residual
Risk Standards
3165 Clean Air Interstate Rule
Formerly Titled: Interstate Air Quality
Rule
3167 Clean Air Fine Particle
Designations
3179 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Reconsideration
3189 Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
3194 Prevention of Significant
Deterioration of Air Quality: Permit
Application Review Procedures for
-------
Non-Federal Class I Areas
3195 Phase I (FIP) To Reduce the
Regional Transport of Ozone in the
Eastern United States
3200 NESHAP: Shipbuilding and
Ship Repair Surface
Coating—Residual Risk Standards
3208 Control of Methyl Tertiary Butyl
Ether (MTBE)
3210 Revised Permit Revision
Procedures for the Federal
Operating Permits Program—Part
71
3214 Inspection/Maintenance
Program Requirements for Federal
Facilities; Amendment to the Final
Rule
3215 Rescinding Finding That
Preexisting PM10 Standards Are No
Longer Applicable in Northern Ada
County/Boise, Idaho
3217 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Clean Units
3218 Voluntary Superior Monitoring
3220 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)
3221 Deferral of Effective Date of
Nonattainment Designations for 8-
hour Ozone National Ambient Air
Quality Standards for Early Action
Compact Areas
3223 NESHAP: Ferroalloys
Production: Ferromanganese and
Silicomanganese Residual Risk
Standards
3226 NESHAP: Pharmaceuticals
Production: Residual Risk Standards
3242 NESHAP: Reciprocating
Internal Combustion Engine
3243 NESHAP: Industrial,
Commercial and Institutional Boilers
and Process Heaters
3245 Revision of Combustion
Turbines NSPS— Part 60, Subpart
GG
3249 NESHAP: Asphalt/Coal Tar
Application on Metal Pipes
3252 Transportation Conformity
Amendments: Response to March 2,
1999, Court Decision
3253 Control of Emissions of Air
Pollution from Nonroad Diesel
Engines and Fuel
3259 Clean Air Ozone Designations
3266 Prevention of Significant
Deterioration (PSD) and
NonattainmentNew Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP);
Stay Notice
3268 Air Quality Designations and
Classifications for the 8-Hour Ozone
NAAQS; Early Action Compact
Areas with Deferred Effective
Dates (Reinstatement of
Chattanooga EAC)
3269 Clean Air Ozone Designations:
5 Percent Reclassifications
3270 Air Quality Designations and
Classifications for 8-Hour Ozone
NAAQS; Las Vegas, Nevada
Nonattainment Area
3291 Groundwater and Pesticide
Management Plan Rule
3306 Significant New Use Rule
(SNUR);Selected Flame Retardant
Chemical Substances for Use in
ResidentialUpholstered Furniture
3307 Significant New Use Rule
(SNUR);Certain Polybrominated
Diphenyl Ethers (PBDEs)
3311 Lead; Management and
Disposal of Lead-Based Paint Debris
3322 Asbestos Model Accreditation
Plan Revisions
3324 Lead-Based Paint Activities;
Training, Accreditation, and
Certification Rule and Model State
Plan Rule—Bridges and Structures
3325 Lead-Based Paint Activities;
Abatement Amendments for
Renovation and Remodeling
3327 Polychlorinated Biphenyls
(PCBs); Disposal of PCBs;
Implementation Issues
3335 Lead; Amendments to
Requirements for Disclosure of
Known Lead-Based Paint or Lead-
Based Paint Hazards in Target
Housing
3339 TRI; Responses to Petitions
Received To Add or Delete or Modify
Chemical Listings on the Toxic
Release Inventory
3340 Addition of Toxicity
Equivalency (TEQ) Reporting and
Quantity Data for Individual
Members of the Dioxin and Dioxin-
like Compounds Category Under
EPCRA, Section 313
3344 Toxic Release Inventory (TRI)
Reporting Requirements From
Standard Industrial Classification
(SIC) Codes to North American
Industrial Classification System
(NAICS) Codes
3345 Emergency Planning and
Community Right-to-KnowAct:
Amendments and Streamlining Rule
3346 TRI; Review of Chemicals on
the Original TRI List
3347 TRI; Revisions to the
Otherwise Use Activity Exemptions
and the Coal Extraction Activities
Exemption
3348 TRI; Pollution Prevention Act
information Requirements
3350 Revisions to Solid Waste
Landfill Criteria—Leachate
Recirculation
on Alternative Liners
3352 Land Disposal Restrictions:
Determination of Equivalent
Treatment for Macroencapsulation of
Radioactive Lead Solids; Definition
of Macroencapsulation
3354 RCRA Incentives for
Performance Track Members
3355 Regulatory Incentives for the
National Environmental Performance
Track Program; Direct Final Rule
3356 Regulatory Incentives for the
National Environmental Performance
Track Program; Direct Final Rule
3358 Revisions to the
Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials
3359 Methods Innovation Rule
3362 Loading-Based Listing of Non-
Wastewaters from the Production
of Selected Organic Dyes, Pigments,
and Food, Drug, and Cosmetic
Colorants
3364 Revision of Wastewater
Treatment Exemptions for
Hazardous Waste Mixtures
3368 Project XL Site-Specific
Rulemaking for the IBM
Semiconductor Manufacturing
Facility in Hopewell Junction, New
York
3369 Management of Cement Kiln
Dust (CKD)
3370 Standards for the Management
of Coal Combustion Wastes
Generated by Commercial Electric
Power Producers
3371 Standards for the Management
of Coal Combustion Wastes—Non-
Power Producers and Minefilling
3372 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
3373 RCRA Burden Reduction
Initiative, Phase 2
3374 E-Cycling Pilot Project for
Region 3 States (ECOS);
Streamlining RCRA Regulations to
Encourage Reuse, Recycling, and
Recovery of Electronic Equipment
3376 Modifications to RCRA Rules
Associated With Solvent-
Contaminated Industrial Wipes
3377 Revisions to the Definition of
Solid Waste
3379 RCRA Subtitle C Financial
Test Criteria (Revision)
3382 Hazardous Waste Manifest
Revisions —Standards and
Procedures for Electronic Manifests
3386 National Priorities List for
Uncontrolled Hazardous Waste
Sites: Proposed and Final Rules
3389 Revise 40 CFR Part 35
Subpart 0: Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
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3392 Standards and Practices for
Conducting All Appropriate Inquiries
3393 Uniform National Discharge
Standards for Vessels of the Armed
Forces—Phase II
3394 NPDES Permit Requirements
for Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3395 Effluent Guidelines and
Standards: Recodification of Various
Effluent Guidelines
3397 Test Procedures: New and
Updated Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act and Safe Drinking
Water Act
3399 Streamlining the General
Pretreatment Regulations for
Existing and New Sources of
Pollution
3401 Water Quality Standards for
Pathogens and Pathogen Indicators
for Coastal Recreation Waters
3402 Revisions to the National Oil
and Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing
Requirements
3403 Effluent Guidelines and
Standards for the Pulp, Paper, and
Paperboard Point Source Category,
Dissolving Kraft and Dissolving
Sulfite Subcategories (Phase III)
3404 Water Quality Standards for
Indian Country Waters
3405 Test Procedures for the
Analysis of Trace Metals Under the
Clean Water Act
3406 Test Procedures: Increased
Method Flexibility for Test
Procedures Approved for Clean
Water Act Compliance Monitoring
3407 Test Procedures:Performance-
Based Measurement System
(PBMS) Procedures and Guidance
for Clean Water Act Test
Procedures
3408 Test Procedures for the
Analysis of Co-Planar and Mono-
Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean
Water Act
3409 NPDES Applications Revisions
3410 Watershed Rule: Total
Maximum Daily Load (TMDL)
Program Revisions
3413 Effluent Guidelines and
Standards for the Concentrated
Aquatic Animal Production Industry
3414 Effluent Guidelines and
Standards for the Meat and Poultry
Products Point Source Category
(Revisions)
3416 Test Procedures: Revisions to
Method Detection and Quantitation
for the Clean Water Act
3417 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 2
3419 Clean Water State Revolving
Fund Regulation Revisions Re: Use
as Matching Funds
3420 Uniform National Discharge
Standards for Armed Forces
Vessels—Phase II
3421 Withdrawal of Certain Federal
Water Quality Criteria Applicable
to Alaska, Arkansas, and Puerto
Rico
3422 Unregulated Contaminant
Monitoring Regulation for Public
Water Systems Revisions
3428 National Primary Drinking
Water Regulations: Radon
3429 National Primary Drinking
Water Regulations: Aldicarb
3431 National Primary Drinking
Water Regulations: Revisions to the
Total Colrform Monitoring and
Analytical Requirements and
Additional Distribution System
Requirements
3433 Underground Injection Control:
Update of State Programs
Local
117 Lead-Based Paint Activities;
Voluntary Program for Renovation
and Remodeling
118 Clean Air Fine Particle
Implementation Rule
119 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Allowables Plantwide
Applicability Limit (PAL),
Aggregation, and Debottlenecking
126 Clean Air Visibility Rule
127 Clean Air Mercury
Rule—Electric Utility Steam
Generating Units
128 Clean Air Ozone Implementation
Rule (Part 1 and Part 2)
129 Nonattainment Major New
Source Review (NSR)
134 RCRA Burden Reduction
Initiative
135 Recycling of Cathode Ray
Tubes (CRTs): Changes to
Hazardous Waste Regulations
136 Hazardous Waste Management
System; Modification of the
Hazardous Waste Program:
Mercury-Containing Equipment
137 National Primary Drinking Water
Regulations: Groundwater Rule
138 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
139 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
140 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 3
141 Cross-Media Electronic
Reporting (ER) and Recordkeeping
Rule (CROMERRR)
3033 Utilization of Small, Minority
and Women's Business Enterprises
in Procurement Under Assistance
Agreements Findings for Sources in
Michigan
3089 NESHAP: Municipal Solid
Waste Landfills—Amendments
3101 Proposal To Exempt Area
Sources Subject to NESHAPs From
Federal and State Operating Permit
Programs
3103 Prevention of Significant
Deterioration for Nitrogen Oxides
3113 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR);
Maintenance and Repair
Amendments
3116 NESHAP: General
Provisions—Amendments
3121 New Source Performance
Standards (NSPS) for Reciprocating
Internal Combustion Compression
Ignition Engines
3125 Part 63 General
Provisions—Response to Petition to
Reconsider
3126 Prevention of Significant
Deterioration (PSD) and Non-
Attainment New Source Review
(NSR): Reconsideration of Inclusion
of Fugitive Emissions
3127 Federal Implementation Plans
to Reduce Interstate Transport of
Fine Particulate Matter and Ozone
3130 Amendment to Subparts H and
I for Emissions of Radionuclides
Other Than Radon From DOE
Facilities
3131 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
Mode! and Other Revisions
3165 Clean Air Interstate Rule
Formerly Titled: Interstate Air Quality
Rule
3167 Clean Air Fine Particle
Designations
3179 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Reconsideration
3189 Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
-------
3195 Phase I (FIP) To Reduce the
Regional Transport of Ozone in the
Eastern United States
3209 Operating Permits: Revisions
(Part 70)
3210 Revised Permit Revision
Procedures for the Federal
Operating Permits Program—Part
71
3215 Rescinding Finding That
Preexisting PM10 Standards Are No
Longer Applicable in Northern Ada
County/Boise, Idaho
3218 Voluntary Superior Monitoring
3220 Lifting the Stay of the Eight-
Hour Portion of the Findings of
Significant Contribution and
Rulemaking for Purposes of
Reducing Interstate Ozone
Transport (NOx SIPCall)
3221 Deferral of Effective Date of
Nonattainment Designations for 8-
hour Ozone National Ambient Air
Quality Standards for Early Action
Compact Areas
3242 NESHAP: Reciprocating
internal Combustion Engine
3243 NESHAP: Industrial,
Commercial and Institutional Boilers
and Process Heaters
3245 Revision of Combustion
Turbines NSPS— Part 60, Subpart
GG
3249 NESHAP: Asphalt/Coal Tar
Application on Metal Pipes
3252 Transportation Conformity
Amendments: Response to March 2,
1999, Court Decision
3253 Control of Emissions of Air
Pollution from Nonroad Diesel
Engines and Fuel
3259 Clean Air Ozone Designations
3266 Prevention of Significant
Deterioration (PSD) and
Nonattainmen New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Stay Notice
3268 Air Quality Designations and
Classifications for the 8-Hour Ozone
NAAQS; Early Action Compact
Areas with Deferred Effective
Dates (Reinstatement of
Chattanooga EAC)
3269 Clean Air Ozone Designations;
5 Percent Reclassifications
3270 Air Quality Designations and
Classifications for 8-Hour Ozone
NAAQS; Las Vegas, Nevada
Nonattainment Area
3311 Lead; Management and
Disposal of Lead-Based Paint Debris
3322 Asbestos Model Accreditation
Plan Revisions
3324 Lead-Based Paint Activities;
Training, Accreditation, and
Certification Rule and Model State
Plan Rule—Bridges and Structures
3325 Lead-Based Paint Activities;
Abatement Amendments for
Renovation and Remodeling
3327 Polychlorinated Biphenyls
(PCBs); Disposal of PCBs;
Implementation issues
3345 Emergency Planning and
Community Right-to-Know Act:
Amendments and Streamlining Rule
3350 Revisions to Solid Waste
Landfill Criteria—Leachate
Recirculation on Alternative Liners
3352 Land Disposal Restrictions:
Determination of Equivalent
Treatment for Macroencapsulation of
Radioactive Lead Solids; Definition
of Macroencapsulation
3358 Revisions to the
Comprehensive Guideline for
Procurement of Products Containing
RecoveredMaterials
3359 Methods Innovation Rule
3370 Standards for the Management
of Coal Combustion Wastes
Generated by Commercial Electric
Power Producers
3371 Standards for the Management
of Coal Combustion Wastes—Non-
Power Producers and Minefilling
3373 RCRA Burden Reduction
Initiative, Phase 2
3374 E-Cycling Pilot Project for
Region 3 States (ECOS);
Streamlining RCRA Regulations to
Encourage Reuse, Recycling, and
Recovery of Electronic Equipment
3386 National Priorities List for
Uncontrolled Hazardous Waste
Sites:Proposed and Final Rules
3389 Revise 40 CFR Part 35
Subpart O: Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
3392 Standards and Practices for
Conducting All Appropriate Inquiries
3394 NPDES Permit Requirements
for Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3395 Effluent Guidelines and
Standards: Recodification of Various
Effluent Guidelines
3397 Test Procedures: New and
Updated Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act and Safe Drinking
Water Act
3399 Streamlining the General
Pretreatment Regulations for
Existing and New Sources of
Pollution
3405 Test Procedures for the
Analysis of Trace Metals Under the
Clean Water Act
3406 Test Procedures: Increased
Method Flexibility for Test
Procedures Approved for Clean
Water Act Compliance Monitoring
3407 Test Procedures:
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act Test
Procedures
3408 Test Procedures for the
Analysis of Co-Planar and Mono-
Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean
Water Act
3409 NPDES Applications Revisions
3414 Effluent Guidelines and
Standards for the Meat and Poultry
Products Point Source Category
(Revisions) 3416 Test Procedures;
Revisions to Method Detection and
Quantitation for the Clean Water Act
3417 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 2
3419 Clean Water State Revolving
Fund Regulation Revisions Re: Use
as Matching Funds
3420 Uniform National Discharge
Standards for Armed Forces
Vessels—Phase II
3422 Unregulated Contaminant
Monitoring Regulation for Public
Water Systems Revisions
3428 National Primary Drinking
Water Regulations: Radon
3429 National Primary Drinking
Water Regulations: Aldicarb
3431 National Primary Drinking
Water Regulations: Revisions to the
Total Coliform Monitoring and
Analytical Requirements and
Additional Distribution System
Requirements
3436 Shore Protection Act, Section
4103(b) Regulations
Tribal
117 Lead-Based Paint Activities;
Voluntary Program for Renovation
and Remodeling
118 Clean Air Fine Particle
Implementation Rule
119 Prevention of Significant
Deterioration (PSD) and
Nonattainmen New Source Review
(NSR): Allowables Plantwide
Applicability Limit (PAL),
Aggregation, and Debottlenecking
126 Clean Air Visibility Rule
127 Clean Air Mercury
Rule—Electric Utility Steam
Generating Units
128 Clean Air Ozone Implementation
Rule (Part 1 and Part 2)
131 NESHAPS: Standards for
Hazardous Air Pollutants for
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II)
134 RCRA Burden Reduction
Initiative
135 Recycling of Cathode Ray
-------
Tubes (CRTs): Changes to
Hazardous Waste Regulations
136 Hazardous Waste Management
System; Modification of the
Hazardous Waste Program:
Mercury-Containing Equipment
137 National Primary Drinking Water
Regulations: Groundwater Rule
138 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment
Rule
139 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
140 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 3
141 Cross-Media Electronic
Reporting (ER) and Recordkeeping
Rule (CROMERRR)
3033 Utilization of Small, Minority
and Women's Business Enterprises
in Procurement Under Assistance
Agreements
3036 Persistent, Bioaccumulative,
and Toxic (PBT) Pollutants Strategy
3050 General Conformity
Regulations; Revisions
3052 Review of New Sources and
Modifications in Indian Country
3067 National VOC Emission
Standards for Consumer Products;
Proposed Amendments
3072 Ambient Air Quality Monitoring
Regulations: Revisions
3089 NESHAP: Municipal Solid
Waste Landfills—Amendments
3101 Proposal To Exempt Area
Sources Subject to NESHAPs From
Federal and State Operating Permit
Programs
3103 Prevention of Significant
Deterioration for Nitrogen Oxides
3113 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR);
Maintenance and Repair
Amendments
3.116 NESHAP: General
Provisions— Amendments
3125 Part 63 General
Provisions—Response to Petition to
Reconsider
3126 Prevention of Significant
Deterioration (PSD) and Non-
Attainment New Source Review
(NSR): Reconsideration of Inclusion
of Fugitive Emissions
3127 Federal Implementation Plans
to Reduce Interstate Transport of
Fine Particulate Matter and Ozone
3131 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
3156 Federal Implementation Plans
for Indian Reservations in Idaho,
Oregon and Washington
3165 Clean Air Interstate Rule
Formerly Titled: Interstate Air Quality
Rule
3167 Clean Air Fine Particle
Designations
3179 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Reconsideration
3189 Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
3194 Prevention of Significant
Deterioration of Air Quality: Permit
Application Review Procedures for
Non-Federal Class I Areas
3210 Revised Permit Revision
Procedures for the Federal
Operating Permits Program—Part 71
3218 Voluntary Superior Monitoring
3249 NESHAP: Asphalt/Coal Tar
Application on Metal Pipes
3259 Clean Air Ozone Designations
3266 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR); Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Stay Notice
3268 Air Quality Designations and
Classifications for the 8-Hour Ozone
NAAQS; Early Action Compact
Areas with Deferred Effective
Dates (Reinstatement of
Chattanooga EAC)
3269 Clean Air Ozone Designations:
5 Percent Reclassifications
3270 Air Quality Designations and
Classifications for 8-Hour Ozone
NAAQS; Las Vegas, Nevada
Nonattainment Area
3291 Groundwater and Pesticide
Management Plan Rule
3311 Lead; Management and
Disposal of Lead-Based Paint Debris
3322 Asbestos Model Accreditation
Plan Revisions
3324 Lead-Based Paint Activities;
Training, Accreditation, and
Certification Rule and Model State
Plan Rule—Bridges and Structures
3325 Lead-Based Paint Activities;
Abatement Amendments for
Renovation and Remodeling
3327 Poiychlorinated Biphenyls
(PCBs); Disposal of PCBs;
Implementation Issues
3335 Lead; Amendments to
Requirements for Disclosure of
Known Lead-Based Paint or Lead-
Based Paint Hazards in Target
Housing
3350 Revisions to Solid Waste
LandfillCriteria—Leachate
Recirculation on Alternative Liners
3352 Land Disposal Restrictions;
Determination of Equivalent
Treatment for Macroencapsulation of
Radioactive Lead Solids; Definition
of Macroencapsulation
3359 Methods Innovation Rule
3362 Loading-Based Listing of Non-
Wastewaters from the Production
of Selected Organic Dyes, Pigments,
and Food, Drug, and Cosmetic
Colorants
3370 Standards for the Management
of Coal Combustion Wastes
Generated by Commercial Electric
Power Producers
3371 Standards for the Management
of Coal Combustion Wastes—Non-
Power Producers and Minefilling
3373 RCRA Burden Reduction
Initiative, Phase 2
3389 Revise 40 CFR Part 35
Subpart O: Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
3392 Standards and Practices for
Conducting All Appropriate Inquiries
3394 NPDES Permit Requirements
for Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3397 Test Procedures: New and
Updated Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act and Safe Drinking
Water Act
3399 Streamlining the General
Pretreatment Regulations for
Existing and New Sources of
Pollution
3404 Water Quality Standards for
Indian Country Waters
3405 Test Procedures for the
Analysis of Trace Metals Under the
Clean Water Act
'3406 Test Procedures: Increased
Method Flexibility for Test
Procedures Approved for Clean
Water Act Compliance Monitoring
3407 Test Procedures:
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act Test
Procedures
3408 Test Procedures for the
Analysis of Co-Planar and Mono-
Ortho-Substituted Poiychlorinated
Biphenyls (PCBs) Under the Clean
Water Act
3409 NPDES Applications Revisions
3410 Watershed Rule: Total
Maximum Daily Load (TMDL)
Program Revisions
-------
3413 Effluent Guidelines and
Standards for the Concentrated
Aquatic Animal Production Industry
3414 Effluent Guidelines and
Standards for the Meat and Poultry
Products Point Source Category
(Revisions)
3416 Test Procedures: Revisions to
Method Detection and Quantitation
for the Clean Water Act
3417 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 2
3419 Clean Water State Revolving
Fund Regulation Revisions Re: Use
as Matching Funds
3422 Unregulated Contaminant
Monitoring Regulation for Public
Water Systems Revisions
3428 National Primary Drinking
Water Regulations: Radon
3429 National Primary Drinking
Water Regulations: Aldicarb
3431 National Primary Drinking
Water Regulations: Revisions to the
Total Coliform Monitoring and
Analytical Requirements and
Additional Distribution System
Requirements
Federal
117 Lead-Based Paint Activities;
Voluntary Program for Renovation
and Remodeling
118 Clean Air Fine Particle
Implementation Rule
119 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Allowables Plantwide
Applicability Limit (PAL),
Aggregation, and Debottlenecking
120 Pesticides; Data Requirements
for Conventional Chemicals
121 Pesticides; Emergency
Exemption Process Revisions
122 Acceptability of Research Using
Human Subjects
125 Toxics Release Inventory
Reporting Burden Reduction Rule
126 Clean Air Visibility Rule
127 Clean Air Mercury
Rule—Electric Utility Steam
Generating Units
129 Nonattainment Major New
Source Review (NSR)
130 Test Rule; Testing of Certain
High Production Volume (HPV)
Chemicals
131 NESHAPS: Standards for
Hazardous Air Pollutants for
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II)
132 Hazardous Waste Manifest
Regulation
133 Standardized Permit for RCRA
Hazardous Waste Management
Facilities
134 RCRA Burden Reduction
Initiative
135 Recycling of Cathode Ray
Tubes (CRTs): Changes to
Hazardous Waste Regulations
136 Hazardous Waste Management
System; Modification of the
Hazardous Waste Program:
Mercury-Containing Equipment
137 National Primary Drinking Water
Regulations: Groundwater Rule
138 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
139 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
140 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 3
141 Cross-Media Electronic
Reporting (ER) and Recordkeeping
Rule (CROMERRR)
3023 Security Requirements for
Toxic Substances Control Act
Confidential Business Information
Access for Contractors
3028 Privacy Act Regulations
(Revised)
3031 Technical Amendments to the
Federal Policy for the Protection of
Human Subjects
3032 Project XL Site Specific
Rulemaking for NASA White Sands
Test Facility Electronic Reporting in
Las Cruces, New Mexico (Phases I
and II)
3033 Utilization of Small, Minority
and Women's Business Enterprises
in Procurement Under Assistance
Agreements
3034 Public Information and
Confidentiality Regulations
3036 Persistent, Bioaccumulative,
and Toxic (PBT) Pollutants Strategy
3037 Project XL Site Specific
Rulemaking for the NASA White
Sands Test Facility in Las Cruces,
New Mexico (Phases III-VI)
3046 Revision to Policy on Control of
Volatile Organic Compounds (VOC)
3050 General Conformity
Regulations; Revisions
3052 Review of New Sources and
Modifications in Indian Country
3056 NESHAP: Printing and
Publishing Industry; Amendments
3064 National Emission Standards
for Chromium Emissions From Hard
and Decorative Chromium
Electroplating and Chromium
Anodizing Tanks—Residual Risk
Standards
3067 National VOC Emission
Standards for Consumer Products;
Proposed Amendments
3072 Ambient Air Quality Monitoring
Regulations: Revisions
3078 Transportation Conformity Rule
Amendments for New 8-Hour Ozone
and PM2.5 National Ambient Air
Quality Standards
3080 Section 126 Rule: Withdrawal
of Findings for Sources in Michigan
3088 Control of Emissions From
New Locomotives and New Marine
Diesel Engines Less Than 30 Liters
per Cylinder
3090 Protection of Stratospheric
Ozone: Amendments to the Section
608 Leak Repair Regulations
3101 Proposal To Exempt Area
Sources Subject to NESHAPs From
Federal and State Operating Permit
Programs
3103 Prevention of Significant
Deterioration for Nitrogen Oxides
3113 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR);
Maintenance and Repair
Amendments
3116 NESHAP: General
Provisions— Amendments
3125 Part63 General
Provisions—Response to Petition to
Reconsider
3126 Prevention of Significant
Deterioration (PSD) and Non-
Attainment New Source Review
(NSR): Reconsideration of Inclusion
of Fugitive Emissions
3127 Federal Implementation Plans
to Reduce Interstate Transport of
Fine Particulate Matter and
Ozone
3130 Amendment to Subparts H and
I for Emissions of Radionuctides
Other Than Radon From DOE
Facilities
3131 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
3139 Update of Continuous
Instrumental Test Methods
3142 National Emission Standards
for Coke Oven Batteries—Residual
Risk Standards
3156 Federal Implementation Plans
for Indian Reservations in Idaho,
Oregon and Washington
3159 Adoption of the Amended
International NOx Standard for
Aircraft Engines
3165 Clean Air Interstate Rule
Formerly Titled: Interstate Air Quality
Rule
3167 Clean Air Fine Particle
Designations
3175 Protection of Stratospheric
-------
Ozone: Import Petitioning
Requirements for Halon-1301
Aircraft Fire Extinguishing
Vessels
3179 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Reconsideration
3189 Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
3195 Phase I (FIP) To Reduce the
Regional Transport of Ozone in the
Eastern United States
3200 NESHAP: Shipbuilding and
Ship Repair Surface
Coating—Residual Risk Standards
3202 NESHAP: Halogenated
Solvent Cleaning—Residual Risk
Standards
3210 Revised Permit Revision
Procedures for the Federal
Operating Permits Program—Part
71
3214 Inspection/Maintenance
Program Requirements for Federal
Facilities; Amendment to the Final
Rule
3217 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Clean Units
3218 Voluntary Superior Monitoring
3223 NESHAP: Ferroalloys
Production: Ferromanganese and
Silicomanganese Residual Risk
Standards
3226 NESHAP: Pharmaceuticals
Production: Residual Risk Standards
3241 NESHAP; Defense Land
Systems and Miscellaneous
Equipment
3243 NESHAP: Industrial,
Commercial and Institutional Boilers
and Process Heaters
3247 Plastic Parts and Products
(Surface Coating) NESHAP
3249 NESHAP: Asphalt/Coal Tar
Application on Metal Pipes
3253 Control of Emissions of Air
Pollution from Nonroad Diesel
Engines and Fuel
3259 Clean Air Ozone Designations
3266 Prevention of Significant
Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement (RMRR)
Equipment Replacement Provision
(ERP); Stay Notice
3268 Air Quality Designations and
Classifications
for the 8-Hour Ozone
NAAQS; Early Action Compact
Areas with Deferred Effective
Dates (Reinstatement of
Chattanooga EAC)
3269 Clean Air Ozone Designations:
5 Percent Reclassifications
3270 Air Quality Designations and
Classifications for 8-Hour Ozone
NAAQS; Las Vegas, Nevada
Nonattainment Area 3272 Technical
Change to Dose Methodology for 40
CFR Part 190, Subpart B and 40
CFR 191, Subpart A
3273 Environmental Radiation
Protection Standards for the
Disposal of Low-Activity Mixed
Radioactive Waste
3274 Approaches to an Integrated
Framework for Management and
Disposal of Low-Activity Radioactive
Waste
3275 Revision of the 40 CFR Part
194 Waste Isolation Pilot Plant
Compliance Criteria
3279 Pesticides; Data Requirements
for Antimicrobials
3282 Pesticides; Procedures for the
Registration Review Program
3284 Pesticides; Data Requirements
for Biochemical and Microbial
Products
3286 Pesticide Tolerance
Reassessment Program
3287 Plant Incorporated Protectants
(PIPs); Exemption for those Based
on Viral Coat Proteins
3288 Plant-Incorporated Protectants
(PIPs); Exemption for Those Derived
Through Genetic Engineering From
Sexually Compatible Plants
3289 Plant Incorporated Protectants
(PIPs); Exemption for PiPs That
Act by Primarily Affecting the
Plant
3290 Pesticide Management and
Disposal; Standards for Pesticide
Containers and Containment
3291 Groundwater and Pesticide
Management Plan Rule
3292 Pesticides; Registration
Requirements for Antimicrobial
Pesticide Products
3294 Pesticides; Tolerance
Processing Fees
3295 WPS; Pesticide Worker
Protection Standard (WPS); Glove
Amendment
3296 Future Testing for Existing
Chemicals (Generic Entry)
3302 Test Rule; Certain Chemicals
on the ATSDR Priority List of
Hazardous Substances
3303 Voluntary Children's Chemical
Evaluation Program (VCCEP)
3304 TSCA Inventory Update Rule
Revisions
3305 Follow-Up Rules on Existing
Chemicals
3307 Significant New Use Rule
(SNUR); Certain Polybrominated
Diphenyl Ethers (PBDEs)
3308 Polychlorinated Biphenyls
(PCBs); Exemption Request From
U.S, Maritime Administration
(MARAD)
3311 Lead; Management and
Disposal of Lead-Based Paint Debris
3317 Testing Agreement for
Perfluorooctanoic Acid (PFOA)
3318 Testing Agreement for
Diethanolamine
3319 Testing Agreement for
Hydrogen Fluoride
3320 Testing Agreement for Phthalic
Anhydride
3321 Testing Agreement for Maleic
Anhydride
3322 Asbestos Model Accreditation
Plan Revisions
3323 Lead Fishing Sinkers;
Response to Citizens Petition and
Proposed Ban
3324 Lead-Based Paint Activities;
Training, Accreditation, and
Certification Rule and Model State
Plan Rule—Bridges and Structures
3325 Lead-Based Paint Activities;
Abatement Amendments for
Renovation and Remodeling
3327 Polychlorinated Biphenyls
(PCBs); Disposal of PCBs;
Implementation Issues
3328 Test Rule; Hazardous Air
Pollutants (HAPs)
3329 Test Rule; Certain Metals
3331 Test Rule; Multiple Substance
Rule for the Testing of
Developmental and Reproductive
Toxicity
3333 Voluntary High Production
Volume (HPV) Chemical Challenge
Program
3334 TSCA Policy Statement on
Oversight of Transgenic Organisms
(Including Plants)
3335 Lead; Amendments to
Requirements for Disclosure of
Known Lead-Based Paint or Lead-
Based Paint Hazards in Target
Housing
3336 Testing Agreement for Aryl
Phosphates (ITC List 2)
3337 Test Rule; Brominated Flame
Retardants (BFRs)
3339 TRI; Responses to Petitions
Received To Add or Delete or Modify
Chemical Listings on the Toxic
Release Inventory
3340 Addition of Toxicity
Equivalency (TEQ) Reporting and
Quantity Data for Individual
Members of the Dioxin and Dioxin-
like Compounds Category Under
EPCRA, Section 313
3344 Toxic Release Inventory (TRI)
Reporting Requirements From
Standard Industrial Classification
(SIC) Codes to North American
Industrial Classification System
(NAICS) Codes
3346 TRI; Review of Chemicals on
the Original TRI List
-------
3347 TRI; Revisions to the
Otherwise Use Activity Exemptions
and the Coal Extraction Activities
Exemption
3348 TRI; Pollution Prevention Act
Information Requirements
3352 Land Disposal Restrictions:
Determination of Equivalent
Treatment for Macroencapsulation of
Radioactive Lead Solids; Definition
of Macroencapsulation
3354 RCRA Incentives for
Performance Track Members
3355 Regulatory Incentives for the
National Environmental Performance
Track Program; Direct Final Rule
3356 Regulatory Incentives for the
National Environmental Performance
Track Program; Direct Final Rule
3358 Revisions to the
Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials
3359 Methods Innovation Rule
3362 Loading-Based Listing of Non-
Wastewaters from the Production
of Selected Organic Dyes, Pigments,
and Food, Drug, and Cosmetic
Colorants
3364 Revision of Wastewater
Treatment Exemptions for
Hazardous Waste Mixtures
3368 Project XL Site-Specific
Rulemaking for the IBM
Semiconductor Manufacturing
Facility in Hopewell Junction, New
York
3369 Management of Cement Kiln
Dust (CKD)
3370 Standards for the Management
of Coal Combustion Wastes
Generated by Commercial Electric
Power Producers
3371 Standards for the Management
of Coal Combustion Wastes—Non-
Power Producers and Minefilling
3372 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
3373 RCRA Burden Reduction
Initiative, Phase 2
3374 E-Cycling Pilot Project for
Region 3 States (ECOS);
Streamlining RCRA Regulations to
Encourage Reuse, Recycling, and
Recovery of Electronic Equipment
3376 Modifications to RCRA Rules
Associated With Solvent-
Contaminated Industrial Wipes
3377 Revisions to the Definition of
Solid Waste
3378 Revisions for Transboundary
Shipments of Hazardous Waste for
Recovery Within the Organization
for Economic Cooperation and
Development
3379 RCRA Subtitle C Financial
Test Criteria (Revision)
3380 Revisions of the Lead-Acid
Battery Export Notification and
Consent Requirements
3382 Hazardous Waste Manifest
Revisions —Standards and
Procedures for Electronic Manifests
3385 Revisions to Spill Prevention,
Control, and Countermeasures
(SPCC) Rule
3386 National Priorities List for
Uncontrolled Hazardous Waste
Sites:Proposed and Final Rules
3389 Revise 40 CFR Part 35
Subpart O: Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
3392 Standards and Practices for
Conducting All Appropriate Inquiries
3393 Uniform National Discharge
Standards for Vessels of the Armed
Forces—Phase II
3394 NPDES Permit Requirements
for Municipal Sanitary and Combined
Sewer Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3395 Effluent Guidelines and
Standards: Recodification of Various
Effluent Guidelines
3397 Test Procedures: New and
Updated Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act and Safe Drinking
Water Act
3399 Streamlining the General
Pretreatment Regulations for
Existing and New Sources of
Pollution
3401 Water Quality Standards for
Pathogens and Pathogen Indicators
for Coastal Recreation Waters
3402 Revisions to the National Oil
and Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing
Requirements
3403 Effluent Guidelines and
Standards for the Pulp, Paper, and
Paperboard Point Source Category,
Dissolving Kraft and Dissolving
Sulfite Subcategories (Phase III)
3404 Water Quality Standards for
Indian Country Waters
3405 Test Procedures for the
Analysis of Trace Metals Under the
Clean Water Act
3406 Test Procedures: Increased
Method Flexibility for Test
Procedures Approved for Clean
Water Act Compliance Monitoring
3407 Test Procedures:
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act Test
Procedures
3408 Test Procedures for the
Analysis of Co-Planar and Mono-
Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean
WaterAct
3409 NPDES Applications Revisions
3410 Watershed Rule: Total
Maximum Daily Load (TMDL)
Program Revisions
3413 Effluent Guidelines and
Standards for the Concentrated
Aquatic Animal Production Industry
3414 Effluent Guidelines and
Standards for the Meat and Poultry
Products Point Source Category
(Revisions)
3416 Test Procedures: Revisions to
Method Detection and Quantitation
for the Clean Water Act
3417 Minimizing Adverse
Environmental Impact From Cooling
Water Intake Structures at Existing
Facilities Under Section 316(b) of
the Clean Water Act, Phase 2
3418 Comparison of Dredged
Material to Reference Sediment
3419 Clean Water State Revolving
Fund Regulation Revisions Re: Use
as Matching Funds
3420 Uniform National Discharge
Standards for Armed Forces
Vessels—Phase II
3422 Unregulated Contaminant
Monitoring Regulation for Public
Water Systems Revisions
3428 National Primary Drinking
Water Regulations: Radon
3429 National Primary Drinking
Water Regulations: Aldicarb
3431 National Primary Drinking
Water Regulations: Revisions to the
Total Coliform Monitoring and
Analytical Requirements and
Additional Distribution System
Requirements
3433 Underground Injection Control:
Update of State Programs
3436 Shore Protection Act, Section
4103(b) Regulations
-------
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR 432SS) directs agencies to have an accountable
process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have
"federalism implications." This term refers to actions "that have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution of power and responsibilities among the various levels of
government." The following index lists the regulatory actions in this publication that may havefederalism implications. The
Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
138 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule
139 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule
141 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)
3394 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection
Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
3401 Water Quality Standards for Pathogens and Pathogen Indicators for Coastal Recreation Waters
3420 Uniform National Discharge Standards for Armed Forces Vessels—Phase II
3428 National Primary Drinking Water Regulations: Radon
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