Fall 2001 Agenda of
Regulatory and
Deregulatory Actions
and Regulatory Plan
United SfcateS
Agency
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Office of Policy, Economics,
And Innovation
1806A
EPA-230-Z-02-001
Reprinted Federal Register
December 2001
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" Washington should use its authority to set high
standards - tough standards - for environmental protection.
We should use strong science and solid analysis to set standards
that will result in cleaner air, purer water, and better protected land."
Administrator
Christine Todd Whittman
United States
Environmental Protection Agency
Office of Policy, Economics, and Innovation
April 2001
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61264
Federal Register/Vol. 66, No. 232/Monday. December 3, 2001/The Regulatory Plan
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
The President has made it clear that
he expects the American people to get
fall value for every taxpayer dollar
government spends, and they will from
the EPA. The environmental challenges
we face in the 21st century are too
important to allow us to do anything but
use our resources wisely, efficiently,
and effectively.
The President has called for
Governmentwide management reforms
that will, when implemented, make the
Federal Government more accountable
while improving the government
services we provide to the American
people. In order to improve the
regulatory process within EPA, we
established a task force to examine the
Agency's rulemaking process, and to
recommend ways to improve the
internal process and strengthen the
supporting science and analysis. The
task force concluded that the regulatory
process is essentially sound but
improvements should be made in
several areas to more effectively carry
out our mission.
Better Science and Economic Analyses
Today's environmental problems are
far more complex than they were in the
past, and there has been a dramatic
expansion in the universe of scientific,
economic and social issues that we must
consider. Our decisions must reflect the
latest findings in relevant, high quality
research, both in science and
economics. To strengthen the analyses
that support EPA decisions, we will
involve scientists and economists in
more prominent ways throughout our
decisionmaking process — in
identifying needed information and
research, developing a range of
alternative approaches, and selecting.
from available options. Administrator
Whitman is also designating senior
experts in both science and economics
to advise her on the strengths and
weaknesses of EPA analyses and
provide Agency leadership in improving
analytical consistency and quality.
Broader Consideration of Policy Options
To produce the best environmental
outcomes at an acceptable cost, EPA
decisionmakers must consider a broader
array of policy options, including
innovative alternatives and market-
based approaches. We will .strengthen
analysis of policy issues by more
systematically identifying relevant
issues and providing regulatory
workgroups with better training and
support. We will engage EPA's senior
managers more actively in selecting
options and consult more effectively
with internal policy advisors, co-
regulators, and stakeholders. As we
develop and consider available options,
we will pay more attention to
implementation — how EPA regions
and states will be affected, what kinds
of compliance assistance will be
needed, and how we can tell if we're
achieving desired results.
Greater Accountability
The task force found that the
policymaking process in place at EPA is
well designed and can function
effectively, but greater accountability is
needed to ensure that managers and"
staff properly follow the process. Senior
managers will take greater responsibility
for setting strategic direction, assuring
high quality analysis of relevant issues,
and selecting the best available options.
We are creating a better management
system to ensure thorough analyses and
timely decision points, and that process
requirements are met. We will also
evaluate the effectiveness of the
regulatory development process and of
the regulations themselves.
Better Management of Significant
Nonregulatory Decisions
Finally, we are developing a system to
better manage significant nonregulatory
actions that will provide the cross-
agency attention that these decisions
deserve. We have included three of
these nonregulatory actions in this
year's Plan (Persistent, Bioaccumulative
and Toxic (PBT) Pollutants Strategy
(RIN 2070-AD45), TSCA Policy
Statement on Oversight of Transgenic
Organisms (RIN 2070-AD13), and the
Acceptability of Using Human Subjects
(RIN2070-AD57).
Better Environmental Results
All of these reforms are designed to
help us reach the goal of making our air
cleaner, our water purer, and our land
better protected. This will be the
ultimate measure of our success.
Everything we do should be looked at
through that prism. Will this make the
air cleaner? Will this make the water
purer? To that end we continue to apply
new methods to protect the
environment by building flexibility into
regulations up front, through
nonregulatory approaches where
effective, by creating strong partnerships
with States and conducting extensive
public outreach.
EPA's Regulatory Plan will address 34
of the most important actions currently
under development or review. These
actions will have a significant effect on
public health and the environment. The
accompanying regulatory agenda
identifies more than 350 additional
rules, policies and voluntary programs
that are also underway.
The following are specific EPA
priorities that will help us achieve
cleaner air, purer water and better
protected lands.
Cleaner air
• Enact the President's multi-emission
bill
• Focus on reducing indoor air
pollution, especially as it relates to
children
• Promote energy conservation
Purer water
* Take a broader watershed approach to
address water quality issues
• Begin to bring America's water
infrastructure up to date
Land better protected
• Expand our efforts to reclaim the
thousands of brownfields that
continue to scar too many
neighborhoods.
Highlights of the Regulatory Plan Rules
and Policies
Office of Air and Radiation
EPA remains committed to taking
advantage of the flexibility granted by
the Clean Air Act that enables
companies, States, and communities to
meet clean air goals with cost-effective
approaches. The following are the most
significant of our air activities.
In 1997, we established new, more
stringent air quality standards for ozone
and particulate matter based on new
scientific and technical information
indicating that new standards were
needed to protect public health and the
environment. In 1999, the D.C. Circuit
Court found that the Clean Air Act
provision authorizing the new standards
is unconstitutional as EPA applied it.
We successfully appealed this decision
to the United States Supreme Court, and
we are now working on an
implementation program to respond to
the Court's decision.
To date, our air toxics program has
focused primarily on getting broad
emission reductions from large
industrial sources through technology-
based standards. Since 1990, EPA has
issued standards affecting 77 different
industries, such as petroleum refineries
and chemical manufacturing plants.
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Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/The Regulatory Plan
61265
When fully implemented, these
standards will reduce more than one
million tons of toxic air emissions per
year. Through other efforts such as
phasing-out of lead in gasoline, we have
also significantly reduced air toxics
from cars and trucks.
We are continuing to set technology-
based standards for large industries. The
rules listed in this year's Regulatory
Plan — covering industrial boilers,
institutional/commercial boilers, wood
manufacturing, reciprocating engines,
combustion turbines, and automobile
painting operations — are among the
most significant remaining categories to
be regulated under this program. While.
working on these standards, we are
beginning to evaluate those sources with
standards already in place to determine
if the remaining risk from these sources
warrants additional regulation. We are
also implementing our Urban Air Toxics
Strategy, which focuses on 33 air toxics
that pose the greatest risk in the largest
number of urban areas and presents our
plan, both nationally and more locally,
to reduce those toxics. Finally, to better
understand and measure risks from air
toxics, we are also conducting important
health research and improving our
emissions inventories, modeling
capability, and monitoring network.
Office of Water
Congress has directed the EPA to
work with States, tribes and other
Federal agencies to help finance water
infrastructure, to set national drinking
water standards, to protect wetlands, to
control discharges from industries and
sewage treatment plants, and to reduce
nonpoint pollution. To fulfill these
goals, the Office of Water is
undertaking, among others, the
following actions:
Under the Safe Drinking Water Act
(SDWA) Amendments of 1996:
We will finalize a rule that will allow
States and/or systems to adopt
multimedia programs which reduce
radon risks from indoor air and drinking
water in combination.
The SWDA requires EPA to revise the
existing 50 parts per billion [ppb)
standard for arsenic in drinking water.
In January 2001, we published a new
standard for arsenic in drinking water
that would require public water
supplies to reduce arsenic to 10 ppb by
2006. We have delayed the effective
date of this rule until February 22, 2002
to allow time for expert review of key
issues, review of this standard, and
requested further public comment. This
is to assure that communities that need
to reduce arsenic in drinking water can
proceed with confidence that the final
standard is based on sound science and
accurate cost and benefit estimates.
The SDWA also requires EPA to
review and revise, if appropriate, all
National Primary Drinking Water
Regulations no less frequently than once
every six years (6-Year Review).
According to SDWA, any revisions of
drinking water regulations must
maintain, or increase, the level of public
health protection provided; however,
EPA may identify regulatory changes
that will streamline or reduce existing
requirements without lessening the
level of public health protection. The
purpose of the review is to determine
whether new data, technology, or other
factors exist that justify revisions to
existing NPDWRs. The outcome of the
review will be a Federal Register
preliminary notice for comment making
available the results of our review.
Following a review of public comments,
we will issue a second notice with our
final regulatory review determination
together with a rulemaking schedule for
any regulation the Agency determines
warrants revision.
We are also taking a number of
important steps under the Clean Water
Act:
To control the discharge of pollutants
from point sources, we are developing
effluent limitations guidelines for the
construction and development industry.
Water quality improvements will result
from a reduction in storm water and
sediment discharged from construction
sites and from sediment generated from
stream bank erosion. Other expected
benefits include protection of fishery
and wildlife habitat and downstream
urban flood control.
We will issue a rule to minimize the
adverse impacts associated with cooling
water intakes. Most costs would be
borne by entities that own or operate
steam electric power plants. The
expected benefits will be significant
reductions in aquatic organisms killed
or injured by impingement [being
pinned against screens or other parts of
a cooling water intake structure) or
entraininent [being drawn into cooling
water systems and subjected to thermal,
physical or chemical stresses).
In July 2000 we published a final rule
amending the Agency's existing
regulations implementing Total
Maximum Daily Load (TMDL) program.
The rule sought to provide for a more
complete accounting of impaired
waters, track progress towards
restoration, clarify and provide more
specificity regarding the scope and
content of TMDLs, require
implementation plans, and reasonable
assurance that these plans would be
implemented, and speed up the pace of
TMDL establishment.
On October 18, 2001 we delayed the
effective date of the July 2000 rule by 18
months to April 30, 2003. The delay in
effective date would allow the Agency
time to reconsider specific aspects of the
rule and to develop an effective national
program that involves the active
participation and support of all levels of
government and local communities.
Over the next several months, we will
conduct a stakeholder process, propose
necessary changes by spring 2002, and
hope to adopt such changes by April 30,
2003.
Office of Prevention, Pesticides, and
Toxic Substances
Because of the potentially serious
consequences of human exposure to
endocrine disrupting chemicals,
Congress included specific provisions
on endocrine disruption in the Food
Quality Protection Act. It also amended
the Safe Drinking Water Act in 1996 to
require EPA to develop an endocrine
disrupter screening program and to
screen for endocrine disruptors found in
drinking water sources. The Agency has
established an Endocrine Disrupter
Screening and Testing Program based on
the recommendations of the advisory
committee we established to consider
human health and ecological effects,
and hormonal effects of pesticides,
industrial chemicals and drinking water
contaminants. In 2002-2003 we will
standardize and validate assays in the
screening battery and complete the
priority setting system. We will issue a
proposed procedural rule in 2002.
EPA is evaluating how our current
policy on the protection of human
subjects in testing should apply to
testing that is not conducted or
supported by the Agency. Current
policy does not address non-EPA
research. EPA will also be seeking
public comment on a series of issues
related to Agency use of human research
data in pesticide decisionmaking. We
believe this 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. We may issue one or
more documents, which may include
policy statements, rulemaking or
requests for public comment.
Almost a million children under 5
years of age have blood-lead levels
exceeding the Center for Disease
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61266 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Control's level of concern (10 ug/dl),
and reducing childhood exposure to
lead-based paint activities continues to
be a priority. Elevated blood-lead levels
can damage intelligence and create
neuro-behavioral problems in young
children, and can cause other health
problems in children and adults. We are
considering proposed approaches to
address lead risks associated with
renovation and remodeling activities,
and investigating the lead risks
associated with bridges and structures.
In FY 2002, EPA will issue final
amendments to the current Toxic
Substances Control Act (TSCA)
Inventory Update Rule (IURJ. The
proposed rule requires chemical
manufacturers to report to EPA data on
exposure-related information and the
industrial and consumer end uses of
chemicals they produce or import. EPA
will also consider other amendments to
the existing IUR. These include
removing the inorganic chemicals
exemption; providing information to
better assess and manage risks of
inorganic chemicals; improving the
linkages of IUR data to other data
sources to enhance the data's
usefulness; and altering the confidential
business information (CBI) claim
procedures to reduce the frequency of
CBI claims, allowing the public greater
access to relevant information on toxic
chemicals. EPA has held meetings with
representatives of the chemical
industry, environmental groups,
environmental justice leaders, labor
groups, State governments and other
Federal agencies to ensure public
involvement in the TSCA Inventory
Update Rule Amendments Project.
EPA has developed National Action
Plans under a national strategy to
address priority Persistent
Bioaccumulative Toxic (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.
Through this strategy, we will create an
enduring cross-office system that will
address the cross-media issues
associated with priority PBT pollutants.
In FY 2002, we expect to issue the draft
action plan for benzo(a)pyrene, and to
issue the final action plans for alkyl-
lead and mercury. We will also continue
developing other action plans as
outlined in the PBT Strategy.
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER) is
planning actions to reduce burden on
the regulated community and provide
regulatory innovations under the
Resource Conservation and Recovery
Act (RCRA), the Federal law governing
hazardous waste management. Several
actions of significance are listed below.
We are planning to reduce the burden
imposed by RCRA reporting and
recordkeeping requirements.
We will revise current Federal
hazardous waste regulations to
encourage recycling and better
management of cathode ray tubes, the
display components of televisions and
computer monitors. The goal is to
minimize the disposal of lead, increase
resource recovery, and enhance
protection of human health and the
environment.
OSWER will revise current RCRA
regulations that apply to recycling of
hazardous wastes in the manufacturing
of zinc fertilizers. We are considering
establishing a more consistent
application of recycling requirements to
zinc fertilizer products and establishing
a set of standards for contaminants in
RCRA-regulated zinc fertilizers that are
more appropriate to fertilizers. We are
also considering specifying more
appropriate, protective requirements for
management of zinc-bearing hazardous
secondary materials prior to recycling.
Office of Policy, Economics, and
Innovation
OPEI has taken the lead in EPA's re-
examination of its regulatory process to
assure that all regulatory actions are
scientifically sound, cost-effective, and
reflect decisions based on a broad
consideration of policy options. OPEI
will continue its work to assure that our
procedural and policy reforms are
implemented throughout the Agency.
We have also designed a variety of
incentives to encourage high performing
facilities to participate in lie National
Environmental Performance Track.
These include actions which recognize
and highlight the achievements of the
facilities that successfully fulfill the
requirements for entry, but also include
other incentives.
We are offering some of those
incentives through administrative
actions, but others will require changes
in existing Federal regulations. We are
now changing regulations that set
reporting requirements for facilities
covered by the MACT provisions of the
Clean Air Act. Facilities meeting the
criteria for membership in Performance
Track would be eligible for reduced
reporting and some other provisions,
and facilities that more than meet goals
for emissions reductions under MACT
via pollution prevention means would
qualify for some additional reduced
reporting. We are also reducing
reporting requirements for participating
publicly owned treatment works
(POTWs), under the Clean Water Act. A
third change would allow POTWs to
notify the public of any violations of
permits by the indirect dischargers
using the POTWs' services by placing
notices on the Internet (rather than
using paid newspaper advertisements).
The last change would be a pilot test of
consolidated reporting (an idea explored
extensively in the past several years).
This is likely to begin with one or two
industry sectors, and to be modeled on
pilot efforts explored in EPA's Common
Sense Initiative. We will consolidate
various periodic reports required under
CAA, CWA, RCRA, and other statutes
into one report, eliminating duplicate
reporting and other difficulties. If this
test is successful, EPA will consider
widening the applicability to
Performance Track facilities in other
industry sectors.
Summary
In developing all of these actions,
EPA is committed to flexible, cost-
effective programs that offer increased
protections for public health and the
environment and get full value for our
investments.
EPA
PRERULE STAGE
115. • ACCEPTABILITY OF
RESEARCH USING HUMAN
SUBJECTS
Priority:
Other Significant
Legal Authority:
7 USC 136a; 21 USC 346a
CFR Citation:
40 CFR 26 (Revision)
Legal Deadline:
None
Abstract:
EPA is evaluating how its current
policy with respect to the protection of
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61267
human subjects in testing should be
applied to testing not conducted or
supported by the Agency. Current EPA
regulations apply to research conducted
or supported by the Agency or
"otherwise subject to regulation." The
action needed to give effect to the
"otherwise subject to regulation"
phrase has not been taken. In addition,
EPA will seek public comment on
issues related to Agency use of human
research data in pesticide
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 committed
that EPA would not consider human
research on pesticides in support of
decisions under the Food Quality
Protection Act revisions to FIFRA and
FFDCA unless a policy were in place
that could assure any such studies met
the highest scientific and ethical
standards. The Agency convened a
special joint subcommittee of the
FIFRA Scientific Advisory Panel and
the EPA Science Advisory Board to
advise on this policy. The
subcommittee has completed its work.
If deemed acceptable for consideration,
some human research already
performed could significantly affect the
Agency's risk assessments of some
pesticides. Clarification of Agency
policy with respect to use of human
data is thus needed.
Summary of Legal Basis:
FIFRA sec. 3 authorizes EPA to define
data requirements supporting pesticide
decisions and to establish guidelines
for conducting research to support
pesticide decisions. FFDCA sec. 408
authorizes EPA to consider available
and reliable data in support of pesticide
tolerance decisions.
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 07/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4610
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact:
Vanessa Vu
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-6900
Fax: 202 401-0849
Email: vu.vanessa.@epa.gov
John Carley
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7501C
Phone: 703 305-7019
Email: carley.john@epa.gov
RIN: 2070-AD57
EPA
116. 6-YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Priority:
Other Significant
Legal Authority:
42 USCSOOfet seq
CFR Citation:
Not Yet Determined
Legal Deadline:
Other, Statutory, August 6, 2002,
Complete review for contaminants with
NPDWRs promulgated prior to August
1996.
Abstract:
The Safe Drinking Water Act (SDWA)
requires EPA to review and revise, if
appropriate, all National Primary
Drinking Water Regulations (NPDWRs)
no less frequently than once every six
years. According to SDWA, any
revisions of drinking water regulations
must maintain, or increase, the level of
public health protection provided;
however, EPA may identify regulatory
changes that will streamline or reduce
existing requirements without lessening
the level of public health protection.
As a part of this action, EPA will do
two things: (1) develop an overall
protocol for conducting each six year
review; and [2} review the chemical
contaminants (with the exception of
arsenic which is being revised and
atrazine which is being reviewed on an
accelerated schedule for which
NPDWRS were promulgated prior to
1996). No new requirements will be
imposed by this action. The purpose
of the review is to determine whether
new data, technology, or other factors
exist that justify revisions to existing
NPDWRs. The outcome of each review
will be a Federal Register notice
making available the results of the
Agency's review and a rulemaking
schedule for the regulations the Agency
believes are appropriate candidates for
revision at this time. EPA may decide
that any of the following need to be
revised: maximum contaminant level
goals, maximum contaminant levels,
analytical methods, monitoring,
treatment, recordkeeping and reporting
requirements. EPA plans extensive
stakeholder outreach and consultation
in the development of the protocol and
throughout the review process.
Statement of Need:
The review of each existing NPDWR is
necessary to determine whether there
are more current data, since the
NPDWR was promulgated, that suggest
a regulatory revision may be
appropriate to maintain, or improve,
the level of public health protection.
Data considered as a part of the review
include changes in risk assessment,
changes in analytical feasibility (where
appropriate), changes in treatment
feasibility, other issues that may be
relevant to the specific NPDWR, and
occurrence and exposure. NPDWRs
identified as candidates for revision
will be those where the review suggests
a regulatory revision will significantly
improve public health protection or
significantly reduce costs while at least
maintaining the current level of public
health protection.
Summary of Legal Basis:
Section 1412(b)(9) of the SDWA, as
amended in 1996, requires that the
Administrator shall, not less often than
every 6 years, review and revise, as
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61268 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
appropriate, each primary drinking
water regulation. SDWA also mandates
that any revision maintain, or provide
for greater, protection of the health of
persons.
Alternatives:
The review ends with a decision by
EPA that the NPDWR is, or is not, a
candidate for regulatory revision at this
time. NPDWRs may be eliminated from
further consideration for regulatory
revision at this time for one or more
of the following reasons: (1) no data
were identified that suggest the need
for regulatory revision; [2] some
potential changes were identified but
are likely to result in little or no
improvement in public health
protection or cost savings; (3) an update
of the risk assessment is in process or
planned for the near future; or [4] the
review identified significant data gaps
or research needs that need to be
addressed to determine the
appropriateness of any regulatory
revision. EPA will determine, on a
case-by-case basis, whether to initiate
activity to address these data
gaps/research needs. Otherwise, EPA
does not plan any further
review/revision of these NPDWRs until
the next review cycle. If EPA identifies
the NPDWR as a candidate for revision,
the Agency will begin the rulemaking
process. The first part of this process
will be to perform all of the analyses
required to consider alternative
regulatory options and to develop a
Notice of Proposed Rulemaking (NPRM)
for public comment. If the results of
these analyses continue to suggest a
regulatory revision is appropriate, and
after taking the public comments
received into consideration, EPA will
promulgate regulatory revisions to the
NPDWR.
Anticipated Cost and Benefits:
EPA is not performing detailed cost and
benefit analyses during the review
phase because such analyses are
premature until the Agency has
identified specific regulatory options..
EPA will conduct the cost and benefit
analyses as a part of the rulemaking
phase for those NPDWRs identified as
potential candidates for revision.
Risks:
As a part of the review, EPA is
identifying any relative source
contribution assumptions that may
need further evaluation and factoring
this consideration into the decision
whether or not to designate the NDPWR
as a candidate for regulatory revision.
For those NPDWRs that EPA identifies
as candidates for revision, the Agency
will evaluate relative source
contribution assumptions in more
detail as a part of the rulemaking
phase. Therefore, no statement of the
magnitude of the risk, relative to other
risks within EPA's jurisdiction, can be
made during the review phase.
Timetable:
Action
Date
PR Cite
Notice of Preliminary 01/00/02
Decision
Notice of Final 08/00/02
Decision
Regulatory Flexibility Analysis
Required;
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 4424
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Judy Lebowich
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-7595
Fax: 202 260-3762
Email: lebowich.judy@epa.gov
Wynne Miller
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-0259
Fax: 202 260-3762
Email: miller.wynne@epa.gov
RIN: 2040-AD67
EPA
PROPOSED RULE STAGE
117. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
ACHIEVEMENT TRACK PROGRAM
Priority:
Other Significant
Legal Authority:
Not Yet Determined
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
The National Environmental
Achievement Track is designed to
recognize facilities that consistently
meet their legal requirements and have
implemented high-quality
environmental management systems,
and to encourage them to achieve more
by continuously improving their
environmental performance and
informing and involving the public.
Facilities gain entrance to Achievement
Track by submitting an application that
documents that four specific criteria are
met. To promote participation in the
program and the environmental and
other benefits that will come with it,
EPA intends to offer several incentives.
Among those incentives are the
adjustments in current regulatory
requirements that are the subjects of
this rulemaking. These include
reducing the frequency of reports
required under the Maximum
Achievable Control Technology
(MACT) provisions of the Clean Air
Act; streamlined by publically owned
treatment works (POTWs) under the
Clean Water Act; and opportunity for
Achievement Track facilities to
consolidate reporting under various
environmental statutes into a single
report.
Statement of Need:
The Administrator of EPA has
announced the National Environmental
Performance Track Program, of which
the Achievement Track program is the
first element to be implemented. By
identifying facilities that have better
environmental performance than others,
and by requiring them to commit to
goals for sustained improvements, EPA
expects the environment to greatly
benefit: Facilities that are able to
qualify for the program will make a
public commitment to reducing specific
aspects of their impacts on the
environment, and the program is likely
to induce other facilities to make
changes in their operations that will
bring about analogous reductions in
their environmental impacts. In order
to attract significant numbers of
facilities, Achievement Track will
provide incentives for joining, in the
form of substantial benefits to the
facilities that qualify. EPA is
considering alterations in reporting and
other requirements [to be available only
to Achievement Track facilities) that
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61269
would be made available as a result of
this rulemaking. Extensive input
[written comments and several public
meetings) from stakeholders has
convinced EPA that benefits such as
these are crucial to achieving the
intended environmental benefits of the
Achievement Track program.
Summary of Legal Basis:
All of the modifications under
consideration are modifications of
existing regulations, promulgated over
the past several years under statutes
that include the CAA, CWA, EPCRA,
SDWA, and others. Within these
statutes, EPA has discretion to set
reporting frequencies, Lhe contents of
reports, monitoring, and other specifics,
based on an assessment of the need for
information to implement the statutes.
Alternatives:
Deliberations within the Agency, and
among stakeholders and EPA, have
convinced EPA that a full and robust
set of incentives is crucial to the
successful implementation of
Achievement Track. EPA developed a
list of over forty different candidate
incentives, and discussed many of
these during a set of public meetings
held during the design phase of the
National Environmental Performance
Track. Several incentives can be
implemented through EPA
administrative actions, but some
potential incentives would require
changes in existing regulations. The
specific incentives being considered
here resulted from intense analysis and
debate within EPA and the
Administrator's judgment that they
contribute to achieving the program's
aims. During the rulemaking process,
EPA will consider various alternatives
for these incentives, ranging from
substantial changes in reporting
frequency and content to no changes.
EPA is also considering initiating
rulemaking on other incentives beyond
the ones discussed here.
Anticipated Cost and Benefits:
Overall, EPA expects there to be a net
reduction in compliance costs for
facilities that participate in
Achievement Track. Facilities would
have direct reductions in the efforts
required to collect, summarize and
report various data elements, and
would potentially benefit from a
streamlining of their environmental
reporting information systems and from
an integration of those data systems
into company environmental
management systems. EPA and some
State regulatory authorities are likely to
see modest increases in workload (and
therefore in costs), mostly in the
revising permits. This effect would be
moderated by the fact that only a
fraction of regulated facilities are
expected to qualify for Achievement
Track. Finally, because Achievement
Track is designed to induce
environmental improvements among
those facilities that seek and obtain
entrance to the program, EPA
anticipates tangible environmental
benefits to be realized.
Risks:
The risks of the intended rulemaking
appear minimal. The criteria and the
screening process for Achievement
Track will identify and admit only
facilities that operate significantly
above the norm of other facilities.
Because facilities must cany out their
Achievement Track actions in the
public spotlight, and because EPA
expects that facilities will strive to stay
qualified for the program, there is only
a very small likelihood that mistakes
would be made, and any such mistakes
could easily be reversed. The actions
being contemplated in this rulemaking
entail mostly reporting changes, not
substantive changes in permitted
release rates or other actions that would
directly impinge on the environment.
All of these factors serve to limit the
risks to the environment from the
intended rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State
Federalism:
Undetermined
Additional Information:
SAN No. 4473
Agency Contact:
Frederick W. Talcott
Environmental Protection Agency
Office of the Administrator
2129
Washington, DC 20460
Phone: 202 260-2768
Fax: 202 401-3998
Email: talcott.fred@epa.gov
Daniel J. Fiorino
Environmental Protection Agency
Office of the Administrator
2129
Phone: 202 260-2749
Fax: 202 401-3998
Email: Borino.dan@epa.gcv
RIN: 2090-AA13
EPA
118. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority:
Other Significant
Legal Authority:
42 USC 7409 CAA sec 109
CFR Citation:
40 CFR 50.4; 40 CFR 50.5
Legal Deadline:
None
Abstract:
On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22,1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2,1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
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61270 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
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 S02 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 FR 1665).
Statement of Need:
Brief exposures to elevated
concentrations of sulfur dioxide, while
at exercise, may cause
bronchoconstriction, sometimes
accompanied by symptoms (coughing,
wheezing, and shortness of breath), in
mild to moderate asthmatic individuals.
The existing sulfur dioxide National
Ambient Air Quality Standard
(NAAQS) provides substantial
protection against short-term peak
sulfur dioxide levels. At issue is
whether additional measures are
needed to further reduce the health risk
to asthmatic individuals.
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
The March 7, 1995, proposal notice
sought public comment on diree
alternatives to further reduce the public
health risk to asthmatic individuals
posed by short-term peak sulfur dioxide
exposures. These included: (a) a new
5-minute NAAQS; (b) a new program
under section 303 of the Act; and (c)
a targeted monitoring program to
ensure sources likely to cause or
contribute to high 5-minute peaks are
in attainment with the existing
standard. The January 2,1997, notice
proposed an alternative program under
section 303 of the Act that will assist
States in addressing high 5-minute
peaks.
Anticipated Cost and Benefits:
A draft regulatory impact analysis was
completed and made available for
public comment at the time of the
January 2,1997 proposal.
Risks:
Exposure analyses indicate from the
national perspective that the likelihood
of exposure to high 5-minute sulfur
dioxide concentrations is very low.
Asthmatic individuals in the vicinity of
certain sources or source categories,
however, may be at higher risk of
exposure than the population as a
whole.
Timetable:
Action
Date
FR Cite
NPRM NAAQS
Review
NPRM NAAQS
Implementation
(Part 51)
Rnal Rule NAAQS
Review
NPRM Revised
NAAQS
Implementation
(Part 51)
Notice Schedule for
Response to
NAAQS Remand
Notice Informational
FR Notice
Notice
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62 FR210
05/05/98 63 FR 24782
01/09/01 66 FR 1665
To Be Determined
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected;
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 1002
Agency Contact:
Susan Stone
Environmental Protection Agency
Air and Radiation
MD-15
RTF, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AA61
EPA
119. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS(NAAQS) AND
REGIONAL HAZE REGULATIONS
Priority:
Other Significant
Legal Authority:
Clean Air Act, title I
CFR Citation:
40 CFR 50; 40 CFR 51; 40 CFR 52; 40
CFR 81
Legal Deadline:
None
Abstract:
On July 18, 1997, EPA issued new,
updated air quality standards for ozone
(62 FR 38856) and particulate matter
(PM) (62 FR 38652). On November 17,
1998, EPA made available for comment
proposed implementation guidance on
implementing the revised ozone and
PM NAAQS and regional haze program.
On May 14, 1999, however, the U.S.
Court of Appeals for the B.C. Circuit
issued an opinion concerning the
revised ozone and particulate matter
NAAQS (American Trucking Assoc.,
Inc. et al. v. USEPA, No. 97-1440 (May
•14, 1999)) in which the Court stated,
among other things, that the revised 8-
hour ozone standard cannot be
enforced. The Court also vacated the
revised PMlO NAAQS and remanded
the PM2.5 NAAQS. On June 28, 1999,
EPA requested a rehearing of the case
before the Court, but the request was
denied. The Department of Justice then
filed a petition in January 2000 seeking
U.S. Supreme Court review, and the
Court subsequently agreed to review
the case. Meanwhile, to assure that
areas were not left without an air-
quality standard, EPA took action on
7/6/00 to reinstate the previous 1-hour
standard in approximately 3000
counties across the U.S. On February
27, 2001, the U.S. Supreme Court
issued a ruling largely upholding EPA's
positions on the issues in question, the
most significant exception being the
determination that EPA must
reconsider its approach to
implementing the revised ozone
standard. EPA is now working to
address this element of the Supreme
Court decision, as well as another issue
stemming from the earlier D.C. Circuit
Court decision. EPA is also developing
guidelines for determining Best
Available Retrofit Technology (BART)
under the Regional Haze Regulations,
as well as moving forward on other
revisions to the Regional Haze
Regulations to incorporate the efforts of
the Western Regional Air Partnership
(WRAP).
Statement of Need:
Development of programs for ozone and
PM are necessary to implement any
revised NAAQS under title 1 of the
Clean Air Act.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61271
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
This entry comprises the set of actions
the Agency plans to take to implement
the new ozone and fine particulate
standards. The major alternative facing
the Agency was whether to implement
the standards strictly on a state-by-state
basis, as has been the norm in the past,
or to take Federal action to address the
fact that emissions from one State affect
the ability of other States to achieve
the standards. The other major set of
alternatives involved various possible
strategies for infrastructure design, such
as the designations of nonattainment
areas and the requirements that will
apply to them.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis {KLA) for the final ozone and
PM NAAQS, as well as the regional
haze reduction program.
Risks:
The risks addressed by this
implementation plan are those of not
attaining the National Ambient Air
Quality Standards for Ozone and
Particulate Matter.
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
12/13/96
12/13/96
ANPRM
Notice Proposed
Policy
NPRM Regional Haze 07/31/97
Notice Review 10/23/97
Schedule for PM2.5
. Standard
Final Rule Areas
meeting 1-hour
ozone standard
Final Rule Additional 07/22/98
areas meeting 1-
hour ozone
standard
Draft Guidance
Implementation
Planning
Final Rule Additional
Areas Meeting 1-
Hour Ozone
NAAQS: 96-98
Data
Rnal Rule Regional
Haze
Final Action
Reinstatement of 1-
hr standard
NPRM BART 07/20/01
Guidance (SAN
4450)
NPRM WRAP Rule 01/00/02
(SAN 4495)
61 FR 65764
61 FR 65752
62 FR41138
62 FR 55201
06/05/98 63 FR 31013
63 FR 39432
11/17/98 63 FR 65593
06/09/99 64 FR 30911
07/01/99
07/20/00
64 FR 35713
65 FR 45182
66 FR 38108
Final Action BART
Guidance (SAN
4450)
Final Action WRAP
Rule {SAN 4495)
Final Action
Implementation
Guidance
07/00/02
01/00/03
To Be Determined
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
None
Additional Information:
SAN No. 3553
Agency Contact:
Denise Gerth
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
John Silvasi
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
R1N: 2060-AF34
EPA
120. 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 streamline
the procedures for revising stationary-
source operating permits issued by
State and local permitting authorities
under title V of the Clean Air Act.
Statement of Need:
These revised rules will allow more
streamlined procedures for revising
operating permits. These revisions
reflect the principles articulated in the
President's and the Vice President's
March 16,1995 report Reinventing
Environmental Regulation. That report
established as goals for environmental
regulation the building of partnerships
between EPA and State and local
agencies, minimizing costs, providing
flexibility in implementing programs,
tailoring solutions to the problem, and
shifting responsibility to State and local
programs.
Summary of Legal Basis:
Clean Air Act, Title V
Alternatives:
In response to concerns expressed in
comments on the draft final
rulemaking, the EPA discussed
alternatives with representatives from
State and local permitting authorities
and industry and environmental
groups, and desires public comment on
some of the proposed alternatives. EPA
will then consider public comments
before promulgating a final rule.
Anticipated Cost and Benefits:
The administrative cost of
implementing these proposed rules fay
permitting authorities, EPA, and
permitted sources has not yet been
estimated, but is expected to be lower
than the cost of the current rule.
Administrative costs include a range of
costs which cover the source's
preparing-an application through EPA's
and the permitting authority's effort to
complete the process.
Risks:
All major sources of air pollution are
required to have a permit to operate
by the Clean Air Act. No adverse effect
on the public health or ecosystems
should result from this action, because
the rule will require permit revisions
with significant environmental impact
to undergo public and EPA review.
Timetable:
Action
Date
FR Cite
NPRM 08/29/94 59 FR 44460
Supplemental NPRM 04/27/95 60 FR 20804
Part 71
Supplemental NPRM 08/31/95 60 FR 45530
Part 70
NPRM 03/00/02
Final Action 03/00/03
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61272 Federal Register/Vol. 66,. No. 232/Monday, December 3, 2001/The Regulatory Plan
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State, Local
Additional Information:
SAN No. 3412
Agency Contact:
Ray Vogel
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-3153
Email: vogel.ray@epa.gov
RIN: 2060-AF70
EPA
121. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412(d)
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
This project is to develop national
emission standards for hazardous air
pollutants (NESHAP) by establishing
maximum achievable control
technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. This rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board
(MDF), oriented strandboard (OSB),
medium density fiberboard,
particleboard, strawboard, hardwood
and softwood plywood, giue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Statement of Need:
Plywood and Composite Wood
Products is a source category listed to
be regulated under Section 112 of the
Clean Air Act.
Summary of Legal Basis:
Clean Air Act Section 112
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. In
addition, an Economic Impact Analysis
and Regulatory Impact Analysis have
been prepared.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/02
03/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 3820
Sectors Affected:
32121 Veneer, Plywood, and
Engineered Wood Product
Manufacturing
Agency Contact:
Mary Torn Kissell
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt
Environmental Protection Agency
Air and Radiation
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52
EPA
122. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7412 CAA sec 112; PL 101-
549
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The stationary reciprocating internal
combustion engine source category is
listed as a major source of hazardous
air pollutants (HAPs) under section 112
of the Clean Air Act (CAA). A major
source is one which emits more than
10 tons/yr of one HAP or more than
25 tons/yr of a combination of 189
HAPs. The EPA will gather information
on HAP emissions from internal
combustion engines and determine the
appropriate maximum achievable
control technology (MACT) to reduce
HAP emissions. The EPA will use
information that has already been
developed, if possible, by gathering
information by working with State/local
agencies, vendors, manufacturers of
internal combustion engines, owners
and operators of internal combustion
engines, and environmentalists.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61273
Statement of Need:
Reciprocating Internal Combustion
Engines is a source category listed to
be regulated under Section 112 of the
Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate cost/benefit
analyses are not conducted for
Individual rulemakings within the
MACT program.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
None
Additional Information:
SAN No. 3656
Agency Contact:
Sims Roy
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG63
EPA
123. NESHAP: COMBUSTION
TURBINE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412 CAA sec 112
CFR Citation:
44 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The combustion turbine source category
is listed as a major source of hazardous
air pollutants (HAPs) under section 112
of the Clean Air Act (CAA). A major
source is one which emits more than
10 tons/yr of one HAP or more than
25 tons/yr of a combination of 189
HAPs. Combustion turbines also emit
NOx, S02, CO, and PM. Combustion
turbines are already regulated for NOx
and SO2 emissions under section 111
of the CAA. The EPA will gather
information on HAP emissions from
combustion turbines and determine the
appropriate maximum achievable
control technology (MACT] to reduce
HAP emissions. The EPA information
that has already been developed will
be used if possible and additional
information will be gathered by
working with State/local agencies,
vendors, manufacturers of combustion
turbines, owners and operators of
combustion turbines, and
environmentalists.
Statement of Need:
Combustion Turbines is a source
category listed to be regulated under
Section 112 of the Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor'' level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally giveniormula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions- nationwide.
Therefore, separate cost/benefit
analyses are not conducted for
individual rulemakings within the
MACT program.
Risks:
In Section 112 of the Clean Ah- Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/02
05/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
None
Additional Information:
SAN No. 3657
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61274 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Agency Contact:
Sims Roy
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919.541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
BIN: 2060-AG67
EPA
124. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). Industrial boilers,
institutional/commercial boilers and
process heaters are among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. EPA promulgated an NSPS for
these source categories in 1987 and
1990. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology [MACT) as
described in section 112 of the CAA.
Statement of Need:
Industrial boilers,
institutional/commercial boilers, and
process heaters are source categories
listed to be regulated under Section 112
of the Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act.
Alternatives:
Alternatives will be explored as the
proposal is developed. At this early
stage, no alternatives have yet been
identified.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program. The risks
from this industry are those normally
associated with combustion, such as
exposure to particulate matter and
sulfur oxides.
Timetable:
Action
NPRM
Final Action
Date
05/00/02
05/00/03
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 3837
Agency Contact:
James Eddinger
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
William Maxwell
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AG69
EPA
125. NESHAP: SURFACE COATING OF
AUTOMOBILES AND LIGHT-DUTY
TRUCKS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 63
Legal Deadline:
None
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). The surface coating
of new automobiles and light-duty
trucks is among the source categories
to be regulated under section 112 of
the CAA. Emissions of HAPs will be
addressed by this rulemaking for both
new and existing sources. EPA
promulgated an NSPS for this source
category in 1980. The standards for the
NESHAP are to be technology-based are
are to require the maximum achievable
control technology as described in
section 112 of the CAA.
Statement of Need:
Surface coating of automobiles and
ligh-duty trucks is a source category
listed to be regulated under section 112
of the CAA.
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
Alternatives have been explored as the
proposal has been developed. The
alternatives include the minimum
required "floor" level of control and
other more stringent options.
Anticipated Cost and Benefits:
This rule will result in significant costs
to the affected industry, including costs
for recordkeeping and reporting. These
costs are being identified as the
proposal is being developed, and will
be addressed in a Regulatory Impact
Analysis accompanying the proposed
rule.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61275
Therefore, separate risk analyses are
normally not conducted for individual
rulemakings within the MACT program.
The risks from this industry are those
normally associated with surface
coating operations, such as exposure to
coating solvents which are hazardous
air pollutants.
Timetable:
Action
NPRM
Final Action
Date
03/00/02
03/00/03
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
State, Local
Additional Information:
SAN No. 3907
Agency Contact:
Dave Salman
Environmental Protection Agency
Air and Radiation
(MD-13)
Research Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Dianne Byrne
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
R1N: 2060-AG99
EPA
126. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority:
Economically Significant
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Statutory, July 1, 2002, Under the
Clean Air Act - the next standards
review is to be completed July 2002.
Abstract:
On July 18, 1997, the EPA published
a final rule revising the national
ambient air quality standards (NAAQS)
for paniculate matter [PM) (62 FR
38652). While retaining the PM10
standard levels, new standards were
added for fine particles (PM2.5) to
provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum [62 FR 38421, July 16,
1997) was published that, among other
things, directed EPA to complete the
next review of the PM NAAQS by July
2002. The EPA's plans and schedule for
the next periodic review of the PM
NAAQS were published on October 23,
1997 (62 FR 55201). Due to the
unprecedented volume of new research,
the completion of the Criteria
Document has been extended and as a
result the overall schedule for the
review of the PM NAAQS is anticipated
to extend 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),
and the preparation of this document
is currently under way by the EPA's
National Center for Environmental
Assessment. The EPA's Office of Air
Quality Planning and Standards will
also 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 SP and CD will be reviewed by
the Clean Air Scientific Advisory
Committee (CASAC) and the public
both will reflect the input received
through these reviews. As the PM
NAAQS review is completed, the
Administrator's proposal to revise or
reaffirm the PM NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
reflected in the Administrator's final
decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for particulate matter are to
be reviewed every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for particulate matter are
whether to reaffirm or revise the
existing standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for particulate matter
cannot be determined at present; a
regulatory impact analysis will be
conducted along with the review of the
standards.
Risks:
The current national ambient air
quality standards for particulate matter
are intended to protect against public
health risks associated with morbidity
or premature mortality from
cardiopulmonary disease. During the
course of this next review, a risk
assessment will be conducted to
evaluate health risks associated with
retention or revision of the particulate
matter standards.
Timetable:
Action
Date
FR Cite
NPRM
Final'Action
08/00/02
07/00/03
Regulatory Flexibility Analysts
Required:
No
Small Entities Affected:
No •
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 4255
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61276 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Agency Contact:
Mary A. Ross
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5170
Fax: 919 541-0237
Email: ross.mary@epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AI44
EPA
127. TRANSPORTATION CONFORMITY
AMENDMENTS: RESPONSE TO
MARCH 2, 1999, COURT DECISION
Priority:
Other Significant
Legal Authority:
42 USC 7401 to 7671q
CFR Citation:
40 CFR 93
Legal Deadline:
None
Abstract:
The Clean Air Act requires EPA to
promulgate rules that establish the
criteria and procedures for determining
whether highway and transit plans,
programs, and projects conform to State
air quality plans. Conformity means
that the transportation actions will not
cause or worsen violations of air
quality standards or delay timely
attainment of the standards. The
original conformity rule was finalized
on November 24, 1993, and most
recently amended on August 15, 1997.
On March 2,1999, the U.S. Court of
Appeals overturned certain provisions
of the 1997 conformity amendments.
This rulemaking will amend the
conformity rule in compliance with the
court decision. The rulemaking will
formalize the May 14, 1999 EPA
guidance and the June 18, 1999 DOT
guidance that was issued to guide
action on this issue until a rulemaking
could be issued. Specifically, the
rulemaking will clarify the types of
projects that can be implemented in the
absence of a conforming transportation
plan. It will also explain EPA's process
for reviewing newly submitted air
quality plans and when those
submissions can be used for conformity
purposes.
Statement of Need:
The U.S. Court of Appeals remanded
some provisions of EPA's conformity
rule. The conformity rule must be
amended in compliance with the court
decision.
Summary of Legal Basis:
The Clean Air Act requires
transportation plans, programs, and
projects to conform to state air quality
plans. The Clean Air Act also requires
EPA to establish rules for how to
determine the conformity of
transportation actions.
Alternatives:
EPA's alternatives are constrained by
the court decision.
Anticipated Cost and Benefits:
This amendment will not change the
results of the economic analysis
performed for the original
transportation conformity rule, which
was summarized in the preamble to
that rule on 11/24/93 at 58 FR 62214.
Risks:
Transportation conformity is a process
designed to help achieve attainment
with the National Ambient Air Quality
Standards. The risks addressed by the
rule are therefore those risks associated
with non-achievment of such standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
06/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4340
Agency Contact:
Kathryn Sargeant
Environmental Protection Agency
Air and Radiation
NFEVL
Ann Arbor, MI 48105
Phone: 734 214-4441
Fax: 734 214-4052
Email: sargeant.kathryn@epamail.epa.gov
RIN: 2060-AI56
EPA
128. RULEMAKINGS FOR THE
PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
Not Yet Determined
CFR Citation:
40 CFR 51
Legal Deadline:
None
Abstract;
The Clean Air Act [CAA) requires that
a state implementation plan (SIP)
contain provisions to prevent a State's
facilities or sources from contributing
significantly to air pollution that is
transported downwind to other States,
exacerbating their inability to meet the
national ambient air quality standards
for ozone. Through a 2-year effort
known as the Ozone Transport
Assessment Group (OTAG), EPA
worked in partnership with the 37
easternmost States and the District of
Columbia, industry representatives, and
environmental groups to address ozone
precursor and ozone transport. This
multiyear collaboration resulted in the
most comprehensive analysis of ozone
transport ever conducted. The OTAG
States voted in favor of a range of
strategies to reduce nitrogen oxide
emissions from utilities and other major
sources. Building on the
recommendations of OTAG, EPA issued
a rule known as the NOx SIP Call
(10/27/98, 63 FR 57355) requiring 22
States and the District of Columbia to
submit revisions to their SIPs to
address the regional transport of
nitrogen oxides (a precursor to ozone
formation known as NOx). By reducing
emissions of NOx, the actions directed
by these plans will decrease the
formation and transport of ozone across
State boundaries in the eastern half of
the United States. On March 3, 2000,
the Court of Appeals issued a decision
largely upholding the NOx SIP Call,.but
remanded four narrow issues to EPA
for further rulemaking action. In an
August 30, 2000 Court Order, emission
reduction measures are required to be
in place by May 31, 2004. On June 8,
2001, the D.C. Circuit made a related
decision concerning the NOx SIP Call
Technical Amendment rulemakings
which largely upheld Phase I of the
NOx SIP Call, but remanded one issue
to EPA. EPA is now addressing in a
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61277
separate rulemaking the remanded
issues mentioned above — see SAN
4433 in today's Regulatory Agenda.
Another issue remanded, or remanded
and vacated, in the technical
amendments and section 126 court
decisions dealing with growth
projections will be addressed
separately. A notice of data availability
was published on 8/3/01 which made
new data publicly available for notice-
and-comment. Final action is expected
in November 2001. In addition to the
SIP Call provisions. Federal
Implementation Plans (FIPs) may also
be needed to reduce regional transport
if any affected State fails to adequately
revise its SIP to comply with the NOx
SIP call (see SAN 4096 in today's
Regulatory Agenda]. In addition to the
SIP Call remedy, the Clean Air Act also
gave States the right to petition EPA
to take other Federal action to prevent
ozone transport that affects downwind
States. Accordingly, under section 126
of the CAA, eight northeastern States
filed petitions requesting EPA to make
findings and require decreases in NOx
emissions from certain stationary
sources in upwind.
Statement of Need:
It has long been recognized that ozone
transport is a major factor in the
difficulty many States are having in
attaining the clean-air standards for
ozone. This was made more clear by
the OTAG analysis outlined above.
Summary of Legal Basis:
Clean Air Act Sections 110 and 126
Alternatives:
The Clean Air Act specifies the SIP Call
process, the FIP process, and the
Section 126 petition process as
alternate approaches to remedying the
problem of ozone transport. EPA
intends to use these alternatives as
appropriate in an integrated program.
Anticipated Cost and Benefits:
As outlined in the Regulatory Impact
Analysis for the NOx SIP Call, the rule
will result in 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, increases in yields of
commercial forests currently exposed to
elevated ozone levels, and reductions
in loadings of nitrogen to sensitivity
estuaries, helping State and local
government reach target reduction goals
for estuaries such as Chesapeake Bay,
Albermarle-Pamlico Sound and Long
Island Sound. Due to practical
analytical limitations, we cannot
quantify and/or monetize all potential
benefits of this action. Within these
limitations, the quantified and
monetized benefits were estimated in
the Regulatory Impact Analysis to range
from $1.1 Billion to $4.2 Billion
annually. Annual costs were estimated
at $1.7 Billion. All figures are in 1990
dollars.
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 are
outlined in detail in the Regulatory
Impact Analysis for the NOx SIP Call.
Timetable:
Action
Date
FR Cite
Final Action NOx SIP
Call
NPRM NOx FIPs
(SAN 4096}
Rnal Action Section
126 Findings
Final Action Section
126 Approvals and
Remedy
NODA Notice of Data
Availability tor the
NOx SIP Call &
Section 126
NPRM Response to
NOx SIP Call Court
Decision (SAN
4433)
Rnal Action
Response to
Remands
.-Concerning Growth
Factors
Rnal Action
Response to NOx
SIP Call Court
Decision (SAN
4433)
Final Action NOx
FIPS (SAN 4096)
10/27/98
10/21/98
05/25/99
01/18/00
63 FR 57355
63 FR 56393
64 FR 28250
65 FR 2674
08/03/01 66 FR 40609
12/00/01
01/00/02
04/00/02
To Be Determined
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State
Additional Information:
SAN No. 4466
Agency Contact:
Jan King
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
Carla Oldham
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AJ20
EPA
129. • ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal govennents and the private
sector.
Legal Authority:
42 USC 7412
CFR Citation:
40CFR63
Legal Deadline:
NPRM, Judicial, December 15, 2003.
Final, Judicial, December 15, 2004.
Abstract:
In December 2000, the EPA determined
that regulation of hazardous air
pollutant emissions (HAP) from oil-
and coal-fired electric utility steam
generating units was necessary and
appropriate. This finding was based on
the results of the study mandated by
section 112(n](l)(A) of the Clean Air
Act, as amended. The regulation(s) will
be developed under section 112 and
will result in standards based on the
use of maximum achievable control
technology [MACT). The primary
benefit will be the reduction of mercury
emissions to the atmosphere from coal-
fired units but other HAP will also be
reduced. Small businesses and
State/local/tribal governments could be
impacted (particularly those
governments owning or operating oil-
or coal-fired electric generation
facilities).
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61278 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
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.
Summary of Legal Basis:
Section 112 of the Clean Air Act, as
amended.
Alternatives:
Alternatives will be identified as the
proposal is developed.
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 proposal
is developed.
Risks:
Risk information will become available
as the proposal is developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local
Federalism:
This action may have federalism
implications as defined in EO 13132.
Energy Effects:
Statement of Energy Effects planned as
required by Executive Order 13211,
Additional Information:
SAN No. 4571
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
Agency Contact:
Robert J. Wayland
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
William Maxwell
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AJ65
EPA
130. LEAD-BASED PAINT ACTIVITIES;
TRAINING AND CERTIFICATION FOR
RENOVATION AND REMODELING
Priority:
Other Significant. Major under 5 USC
801.
Unfunded Mandates:
Undetermined
Legal Authority:
15 USC 2603 TSCA Title IV; PL 102-
550 sec 402(c)(3)
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
Abstract:
Under section 402[c)(2) of the Toxic
Substances Control Act {TSCA) Title
IV, EPA conducted a study of the
extent to which persons engaged in
renovation and remodeling activities in
target housing are exposed to lead in
the conduct of such activities or disturb
lead and create a lead-based paint
hazard. EPA must use the results of this
study and consult with interested
parties to determine which categories
of renovation and remodeling activities
require training and certification. EPA
must then revise the training and
certification regulations originally
developed for individuals performing
lead-based paint abatement under
section 402(c)(a) of TSCA Title IV to
apply them to the renovation and
remodeling categories. If EPA
determines that any category does not
require certification, EPA must publish
an explanation of the basis for that
determination.
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:
This regulation is mandated by TSCA
section 402(c). TSCA Section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of die 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.
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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61279
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 utilize several
qualitative approaches to frame the
benefits associated with an effective
renovation rule.
Risks:
These rules are 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 to R&R workers appears
to by less of a problem than to 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
NPRM
Final Action
08/00/02
08/00/03
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 3557
Sectors Affected:
23321 Single Family Housing
Construction; 23322 Multifamily
Housing Construction; 23521 Painting
and Wall Covering Contractors; 23551
Carpentry Contractors; 23599 All Other
Special Trade Contractors; 53111
Lessors of Residential Buildings and
Dwellings; 531311 Residential Property
Managers; 54138 Testing Laboratories
Agency Contact:
Mike Wilson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
Julie Simpson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-7873
Fax: 202 260-0770
Email: simpson.julie@epa.gov
R1N: 2070-AC83
EPA
131. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Priority:
Other Significant
Legal Authority:
15 USC 2603 TSCA; 21 USC 346(a)
FFTJCA; 42 USC 300(a)(17) SDWA; 7
USC 136 FIFRA
CFR Citation:
Not Yet Determined
Legal Deadline:
Final, Statutory, August 3, 1999.
Abstract:
This final policy statement will set
forth EPA's Endocrine Disrupter
Screening Program and the procedures
to be followed by regulated entities and
the Agency. EPA published a proposed
policy statement setting forth the
Screening Program on December 28,
1998. In the final policy statement, EPA
will describe the screens and tests that
it will require as part of the Program.
It also will address certain issues
related to implementing the Program.
The major actions in 2001-2003 will be
the standardization and validation of
assays in the screening battery and the
completion of the priority setting
system.
Statement of Need:
The Endocrine Disrupter Screening
Program fulfills the statutory direction
and authority to screen pesticide
chemicals and drinking water
contaminants 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 the Federal
Food, Drug and Cosmetic Act (FFDCA)
as amended in the Food Quality
Protection Act (21 U.S.C. 346a(p)).
FFDCA also provides EPA authority to
require testing of substances that may
have ariT effect that is cumulative to that
of a pesticide chemical. 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 test 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 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:
It is too early to project the costs and
benefits of this program accurately.
However, as a rough estimate, the
screening battery is estimated to cost
$200,000 per chemical. It is also too
early to quantify the benefits of this
program mathmetically. The goal of the
program is to reduce the risks
identified in Paragraph 22 below.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through a 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. Wildlife
effects have been more thoroughly
documented. Abnormalities in birds,
marine mammals, fish 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 to identify
which chemicals are capable of
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61280 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
interacting with the endocrine system.
The combination of research and test
data developed by this program will
enable EPA to take action to reduce
chemical risks.
Timetable:
Action
Date FR Cite
Notice - Outline of 08/11/98 63 FR 42852
Screening Program
Notice - Proposed 12/28/98 63 FR 71542
Screening Program
and Request for
Comment
NPRM - Proposed 06/00/02
Procedural Rule
Final Action - Final 06/00/03
Screening Program
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4143
In August 2000, the Agency submited
the required Status Report to Congress.
Agency Contact:
Gary Timm
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: timm.gary@epa.gov
Anthony Maciorowski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: maciorowski.anthony@epa.gov
RIN: 2070-AD26
EPA
132. PESTICIDE EMERGENCY
EXEMPTION REGULATIONS
Priority:
Other Significant
Legal Authority:
7 USC 136(p)
CFR Citation:
40 CFR 166
Legal Deadline:
None
Abstract:
EPA will propose revisions to its
regulations on emergency exemptions
under section 18 of the Federal
Insecticide, Fungicide and Rodenticide
Act. Emergency exemptions allow
temporary use of a pesticide not in
accordance with registration
requirements when emergency
conditions exist. In the 1995
Presidential Reinvention Initiative, EPA
identified a number of issues, which
have been refined through informal
discussions with States, user groups,
and other stakeholders.
Statement of Need:
Stakeholders, including States and
Federal agencies, have requested that
EPA review its regulations for the
FIFRA section 18 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, expedite
decisions on applications (which is
critical in emergency situations) and
potentially reduce risk to human health
and the environment.
Summary of Legal Basis:
FIFRA sec. 18 authorizes EPA to
temporarily exempt States from the
requirements of registration to alleviate
an emergency condition.
Alternatives:
Several measures for streamlining or
improving the emergency exemption
process are being considered by the
Agency. EPA has analyzed these
measures and has received considerable
comment, both formally and informally,
from stakeholders. Since this rule
generally constitutes regulatory relief,
and is not expected to cause any
economic impact, options with varying
cost do not apply.
Anticipated Cost and Benefits:
Because this regulation would provide
regulatory relief, no costs are
anticipated. Potential benefits include
the reduced burden and cost to States
and Federal agencies that apply for
emergency exemptions, reduced burden
to EPA, and, in some cases, reduced
risk to human health and the
environment. Indirect benefits may
accrue to users of pesticides under
emergency exemptions if changes result
in faster review and approval, or greater
availability of pesticides. No economic
assessment of costs and benefits has yet
been conducted.
Risks:
In general, the measures being
considered are intended to achieve
efficiencies and reduce burdens, not to
reduce risks.
Timetable:
Action
Date
FR Cite
NPRM
07/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Tribal
Additional Information:
SAN No. 4216
Sectors Affected:
9241 Administration of Environmental
Quality Programs
Agency Contact:
Joseph Hogue
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joseph@epa.gov
Jean M. Frane
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD36
EPA
133. • 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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61281
Legal Deadline:
None
Abstract:
EPA is considering the addition of
plant-incorporated protectants that act
by primarily affecting the plant to its
plant-incorporated protectants
exemptions at 40 CFR 174. Substances
which plants produce for protection
against pests, and the genetic material
necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "chemical pesticide residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). EPA has
determined that it will no longer issue
split registrations for biotechnology
products. Therefore, EPA is
concurrently considering the exemption
of plant-incorporated protectants
derived through genetic engineering
from sexually compatible plants from
the requirement of a tolerance under
section 408 of the FFDCA. Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a recent
Supplemental Proposal (66 FR 37855).
Statement of Need:
Publication of the policy document
"Coordinated Framework for the
Regulation of Biotechnology"
established a framework using existing
statutes for inter-Agency regulation of
biotechnology products. EPA began the
process of establishing an internal
framework for regulation of
biotechnology under it's product-
specific statutes through the
finalization of the first set of plant-
incorporated protectants rules. These
rules are necessary to continue the
development of and further define
EPA's framework for regulation of
products derived through
biotechnology. The proposed
exemption of plant incorporated
protectants that act by primarily
affecting the plant from requirements
under FIFRA was originally published
in 1994. At that time, it was not
necessary to consider exemptions from
the requirement of a tolerance under
FFDCA simultaneously with FIFRA
exemptions. Therefore, it will be
neccessary to publish a NPRM
proposing the FFDCA exemption before
a Final Action on the FIFRA and
FFDCA exemptions can be considered.
Summary of Legal Basis:
Under FIFRA (7 USC 136 et seq) and
section 408 of the FFDCA (21 USC
346a), EPA has the authority to require
the registration of pesticides and to
establish tolerances, or exemptions
from the requirement of a tolerance as
appropriate, of pesticidal residues in
food. As EPA will no longer issue split
registrations for pesticides, these
decisions must be considered
simultaneously.
Alternatives:
The choice is either to provide ah
exemption or not to. There are no other
alternatives to evaluate.
Anticipated Cost and Benefits:
The anticipated costs and benefits are
based on those associated with the
recently finalized exemption for PIPs
derived through conventional breeding
from sexually compatible plants. No
costs are associated with this action.
Benefits would include a reduction in
regulatory oversight and the use of
associated resources.
Risks:
This rule is an exemption, so potential
risk will be examined to ensure
implementation would not present a
risk to public health or to the
environment.
Timetable:
Action
Date FR Cite
NPRM FIFRA 11/23/94 59 FR 60496
Exemption
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
Supplemental NPRM 04/23/99 64 FR 19958
Supplemental NPRM 07/19/01 66 FR 37855
NPRM FFDCA 09/00/02
Tolerance
Exemption
Final Action FFDCA 12/00/03
Tolerance
Exemption
Final Action FIFRA 12/00/03
Exemption
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Organizations
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 spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 111 Crop
Production; 54171 Research and
Development in the Physical Sciences
and Engineering Sciences
Agency Contact:
Elizabeth Milewski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-0699
Fax: 202 260-0949
Email: milewski.elizabeth@epa.gov
Janet Andersen
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7511C
Phone: 703 308-8128
Fax: 703 308-7026
RIN: 2070-AD56
EPA
134. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT
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(aJ;
42 USC 6974; PL 104-13
CFR Citation:
40 CFR 260; 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 268;
40 CFR 270
Legal Deadline:
None
Abstract:
EPA plans to reduce the burden
imposed by the RCRA reporting and
recordkeeping requirements to help
meet the Federal Governmentwide goal
established by the Paperwork
Reduction Act (PRA).
In June 1999, EPA published a Notice
of Data Availability (NODA] in the
Federal Register (64 FR 32859) to seek
comment on a number of burden
reduction ideas. After reviewing the
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61282 Federal Register/Vol 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
comments received on the NODA, EPA
is drafting a proposed rulemaking to
implement many of these ideas. The
proposals are designed to eliminate
duplicative and nonessential
paperwork.
The main ideas being considered for
the proposed rulemaking are: (1)
eliminating or modifying one-third of
the 334 RCRA-required notices and
reports that are sent by the regulated
community to states and EPA; (2)
eliminating the RCRA emergency
response training requirements that
overlap with the Occupational Safety
and Health Administration
requirements; (3) eliminating the need
for facilities to record personnel
descriptions; (4) decreasing the
owner/operator self-inspection
frequency of hazardous waste tanks to
weekly; (5) providing states and EPA
with the opportunity to lengthen
owner/operator self-inspection
frequencies on a case-by-case basis for
containers, containment buildings, and
tanks; [6) eliminating the Land Disposal
Restrictions generator waste
determinations, recycler notifications
and certifications, hazardous debris
notifications and characteristic waste
determinations, and streamlining the
characteristic waste notification
procedures; and (7) modifying the
groundwater monitoring requirements
for hazardous waste facilities.
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 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. The proposed rule will have
minimal impact on the protectiveness
of the RCRA regulations. The proposal
will eliminate or streamline paperwork
requirements that are unnecessary
because they add little to the
protectiveness of the RCRA regulations.
Risks:
The proposed rule will have no risk
impacts.
EPA
135. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND MERCURY-
CONTAINING EQUIPMENT: CHANGES
TO HAZARDOUS WASTE
REGULATIONS
Timetable:
Action
Notice of Data
Availability
NPRM
Date FR Cite
06/18/99 64 FR 32859
01/00/02
Priority:
Other Significant
Legal Authority:
42 USC 6912(a); 4
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, 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:
323 Printing and Related Support
Activities; 324 Petroleum and Coal
Products Manufacturing; 325 Chemical
Manufacturing; 326 Plastics and Rubber
Products Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 334
Computer and Electronic Product
Manufacturing; 562 Waste Management
and Remediation Services
Agency Contact:
Robert Burchard
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703 308-8450
Fax: 703 308-8433
Email: burchard.robert@epa.gov
RIN: 2050-AE50
6922; 42 USC 6923; 42 USC 6924; 42
USC 6925
CFR Citation:
40 CFR 261; 40 CFR 273
Legal Deadline:
None
Abstract:
This action will ultimately revise the
existing Federal hazardous waste
regulations to encourage recycling and
better management of Cathode Ray
Tubes (CRTs) by proposing a
conditional exclusion from the
definition of solid waste for CRTs being
recycling. A CRT is display component
of a television or computer monitor. A
CRT is made largely of specialized
glasses, some of which contain lead to
protect the user from X-rays inside the
CRT. Due to the lead, when they are
disposed of or reclaimed, some CRTs
are hazardous wastes under the Federal
Resource Conservation and Recovery
Act (RCRA) regulations. This rule will
also propose to streamline RCRA
requirements for managing mercury-
containing equipment by adding such
equipment to the universal waste rule.
This rule is planned in response to a
June 9,1998 recommendation on CRT
recycling from the Common Sense
Initiative (CSI) Council to the
Environmental Protection Agency
(EPA), and in response to a petition
from the Utilities Solid Waste Activities
Group regarding mercury-containing
equipment. CSI is a consensus-based
process for developing cleaner, cheaper,
smarter environmental improvements
that includes representatives of:
industry; environmental'groups;
community groups; environmental
justice groups; labor and, Federal, State,
local, and tribal governments. The goal
of this proposal is to improve
management and encourage recycling,
thereby minimizing disposal of lead,
increasing resource recovery, and
enhancing protection of human health
and the environment.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61283
Statement of Need:
This proposal is needed to respond to
recommendations of the Electronics
Subcommittee of the CSI Council
regarding CRT recycling, and also 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.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
EPA plans to solicit 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 this proposal, if
finalized, 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
02/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4092
Sectors Affected:
334411 Electron Tube Manufacturing
Agency Contact:
Marilyn Goode
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
RIN: 2050-AE52
EPA
136. NPDES PERMIT REQUIREMENTS
FOR MUNICIPAL SANITARY SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
AND SANITARY SEWER OVERFLOWS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal governments.
Legal Authority:
33 USC 1311 CWA sec 301; 33 USC
1314 CWA sec 304; 33 USC 1318 CWA
sec 308; 33 USC 1342 CWA sec 402;
33 USC 1361 CWA sec 501(a)
CFR Citation:
40 CFR 122.38; 40 CFR 122.41; 40 CFR
122.42
Legal Deadline:
None
Abstract:
EPA is developing a notice of proposed
rulemaking that would propose a
broad-based reevaluation framework for
sanitary sewer collection systems under
the NPDES program. The Agency is
proposing standard permit conditions
for inclusion in permits for publicly
owned treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
address reporting, public notification,
and recordkeeping requirements for
sanitary sewer overflows (SSOs),
capacity assurance, management,
operation and maintenance
requirements for municipal sanitary
sewer collection systems; and a
prohibition on SSOs.
Statement of Need:
The proposed regulation is intended to
address three interrelated issues; [1]
The risks to health and the
environment caused by SSOs; [2) The
need to protect and enhance local, State
and Federal investments in sewer
system infrastructure; and [3] The need
to provide a clear and consistent
regulatory program for collection
systems.
Risks to health/environment: EPA
estimates that about 40,000 SSO events
occur each year, and perhaps ten times
this many instances occur where
sewage backs up into basements. These
events lead to a variety of damages*
including exposure of people to health
risks; lowered water quality; and
property damage and clean-up costs.
Protection of Investments in Sewer
System Infrastructure ; Sanitary sewer
collection systems represent a major
national investment in community
infrastructure. EPA estimates that these
systems have a replacement value of $1
to $2 trillion. Another source estimates
that wastewater collection and
treatment systems represent about 10 to
15 percent of the value of all publicly
owned infrastructure in the United
States. The substantial frequency of
SSOs and other collection system
failures indicates that operation,
maintenance, repair and rehabilitation
of sewer systems need to improve.
Providing Clear and Consistent
Regulatory Program for Collection
Systems - States are implementing the
existing NPDES regulations for sanitary
sewer collection systems in widely
differing ways.
Summary of Legal Basis:
EPA is considering whether to publish
a proposed rule that would require
NPDES permits for municipal sanitary
sewer collection systems to contain a
standard provision for better operation
and management of systems to avoid
SSOs, increased attention to system
planning, and better notification to the
public in the event of an overflow.
These proposed standard permit
conditions would derive from Clean
Water Act (CWA] sections 304(i), 308,
and 402(a), Section 402(a) of the CWA
authorizes EPA to prescribe permit
conditions as necessary to carry out the
provisions of the CWA, including
permit conditions on data and
information collection and reporting.
Section 308 of the CWA authorizes EPA
to require NPDES permittees to
establish, maintain, and report records
for determining whether there has been
a violation of the CWA. The prohibition
of SSO discharges is a technology-based
limitation that is based, in part, on
CWA section 301(a) which prohibits a
discharge to waters of the United States
except in compliance with an NPDES
permit. The prohibition is also based
on EPA's interpretation of the Act that
discharges from a separate sanitary
sewer system need to meet effluent
limitations based on secondary
treatment as defined by EPA and any
more stringent limitation necessary to
meet water quality standards.
Legal authority for the requirements for
municipal satellite collection systems
derives from the definition of "publicly
owned treatment works." CWA section
212(2)(A) defines "treatment works" to
include "any devices and systems used
in the storage, treatment, recycling, and
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61284 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
reclamation of municipal sewage or
industrial wastes of a liquid nature .
. . including . . . intercepting sewers,
outfall sewers, sewage collection
systems . . . ." EPA regulations define
the term "publicly owned treatment
works" similarly at 40 CFR 122.2 and
403.1.
Alternatives:
NPDES requirements for municipal
sanitary sewer collection systems
currently under consideration include
the five major alternatives discussed
below. The first alternative would
require NPDES permits for municipal
sanitary sewer collection systems to
contain a standard provision for better
operation and management of systems
to avoid SSOs, increased attention to
system planning, and better notification
to the public in the event of an
overflow. The second alternative would
involve extending the requirements of
the proposed rule to privately owned
satellite collection systems. The third
alternative would be to change the
technology-based standard for
discharges from sanitary sewers from
secondary treatment to best available
technology economically achievable
(BAT)/ best practicable control
technology currently available (BCT).
The fourth alternative would be a no
action alternative. The fifth alternative
would be a prescriptive capacity,
management, operation, and
maintenance provision. In addition to
these alternatives, a number of
municipalities have suggested
additional alternatives which are being
considered.
Anticipated Cost and Benefits:
EPA estimates that the total annual
incremental cost for municipalities and
Federal/State permitting authorities to
comply could range from $93.5 million
to $126.5 million. EPA estimates the
total annual monetized benefits would
range from S36 million to $97 million.
The benefits are based on estimates of
the benefits to water quality and the
benefits associated with "smarter"
management, operation and
maintenance (MOM). The estimated
range of benefits associated with water
quality including benefits from:
reduced human exposure to SSOs,
leading to fewer cases of illness;
increased opportunities for recreation,
tourism, and fishing; and less property
damage due to basement backups,
ranged from $12 to $73 million
annually. The range of benefits
associated with improved water quality
and better planning and MOM are
estimated to result in a national cost
savings of $24 million annually.
Risks:
EPA estimates that there are at least
40,000 SSO events per year and an
additional 400,000 occurrences of
sewage backing up into basements. The
health and environmental risks
attributed to SSOs vary depending on
a number of factors including location
and season (potential for public
exposure), frequency, volume, the
amount and type of pollutants present
in the discharge, and the uses,
conditions, and characteristics of the
receiving waters. SSOs can release raw
sewage to areas where they present
high risks of human exposure, such as
streets, private property, basements,
and receiving waters used for drinking
water, fishing and shellfishing, or
contact recreation. The most immediate
health risks associated with SSOs are
potential exposure to bacteria, viruses,
and other pathogens. EPA estimates
that these overflow events cause an
estimated 1.8 to 3.6 million illnesses
per year. Major groups of disease-
causing organisms or agents associated
with untreated SSOs include: bacteria,
viruses, protozoa, and helminths
(intestinal worms). These pathogens
can cause diseases range in severity
from mild gastroenteritis (causing
stomach cramps and diarrhea) to
diseases that can be life-threatening,
such as cholera, infectious hepatitis,
dysentery, and severe gastroenteritis.
Adverse health consequences can be
more severe for children, the elderly,
and those with weakened immune
systems. In addition to pathogens, raw
sewage may contain metals, synthetic
chemicals [including endocrine system
disrupters), nutrients, pesticides, and
oils, which also can be detrimental to
the health of humans and wildlife.
SSOs may affect the quality and uses
of waters of the United States. Adverse
water quality impacts from SSOs may
include changes to the physical
characteristics and viability of aquatic
habitats, causing fish kills. Sewage
spills and overflows (including sewage
overflows from combined sewers and
sanitary sewers, malfunctioning sewage
treatment plants and pump stations,
sewage spills and sewer-line breaks) are
the leading identified cause of beach
closures and swimming advisories in
the United States.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/02
04/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 3999
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Sectors Affected:
22132 Sewage Treatment Facilities
Agency Contact:
Kevin Weiss
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
Sharie Centilla
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0697
Fax: 202 564-6392
Email: centilla.sharie@epa.gov
RIN: 2040-AD02
EPA
137. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1311 CWA 301; 33 USC 1314
CWA 304; 33 USC 1316 CWA 306; 33
USC 1317 CWA 307; 33 USC 1318
CWA 308; 33 USC 1342 CWA 402; 33
USC 1361 CWA 501
CFR Citation:
40 CFR 450
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61285
Legal Deadline:
NPRM, Judicial, March 31, 2002.
Final, Judicial, March 31, 2004.
Abstract:
The effluent guidelines will apply to
construction activities associated with
new development, as well as to those
associated with re-development
activities. The regulations will address
storm water runoff from construction
sites during the active phase of
construction, as well as post-
construction runoff. Construction
activity is a major source of sediment
and other pollutants discharged to the
nation's waters. Industries potentially
affected by this rulemaking include
land developers, home builders,
builders of commercial and industrial
property, and other private and public
sector construction site owners and
operators. EPA will develop design
criteria for erosion and sediment
controls and storm water best
management practices (BMPs). These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
Statement of Need:
The 1998 National Water Quality
Inventory Report to Congress indicates
that 35 percent of assessed stream miles
are not supporting their designated use.
Siltation contributes to 38 percent of
reported water quality problems in
impaired rivers and streams.
Construction and development projects
contribute to stream impairment,
because erosion and sediment controls
(ESC) are not properly designed for
active construction projects. The
frequency of performance failure for
ESCs is high due to inappropriate
application, improper sizing, and lack
of maintenance. For post construction
projects, permanent hydromodification
degrades 20 percent of the impaired
river miles.
Summary of Legal Basis:
The Clean Water Act authorizes EPA
to establish effluent limitations
guidelines and standards to limit the
pollutants discharged from point
sources. In addition, EPA is bound by
a provision in a consent decree entered
in settlement of Natural Resources
Defense Council et al. v. Reilly [D.D.C.
No.89-2980) to propose regulations for
this industry by March 31, 2002.
Alternatives:
The Clean Water Act directs EPA to
establish a technology basis for the
effluent guidelines. Limitations are
based on the performance of specific
technology levels, such as the best
available technology economically
achievable. EPA is considering a range
of pollution control technologies and is
also considering construction site size
exemptions to reduce the impact on
small dischargers.
Anticipated Cost and Benefits:
EPA expects effluent reduction benefits
from more than 20,000 construction
projects each year. The types of benefits
associated with the effluent guidelines
for construction and development
involve improvements to surface water
quality. The benefits from the
guidelines will occur from improved
control over stormwater and sediment
discharged from construction sites. In
addition, the guidelines will contribute
to a reduction in stream bank erosion,
the source of significant downstream
sedimentation, flooding, and habitat
destruction. The costs associated with
this regulation will include capital
costs to install best management
practices [BMP] for active and post
construction controls.
Risks:
EPA estimates that 2.2 million acres of
agricultural and forest are developed
each year for residential and
nonresidential projects. The active
construction processes require land
clearing and grading that contribute to
stonnwater and sediment discharges.
The impervious surfaces that are
created within developed watersheds
increase the stormwater volume and
velocity and accelerate stream bank
erosion and downstream sedimentation.
Timetable:
Action
Date
FR Cite
NPRM
Rnal Action
03/00/02
03/00/04
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
Undetermined
Additional Information:
SAN No. 4280
For more information on construction
and development visit Web site: NPRM-
http://www.epa.gov
/ost/guide/construction
Sectors Affected:
23 Construction; 23311 Land
Subdivision and Land Development;
23321 Single Family Housing
Construction; 23322 Multifamily
Housing Construction; 23331
Manufacturing and Industrial Building
Construction; 23332 Commercial and
Institutional Building Construction;
23411 Highway and Street
Construction; 23412 Bridge and Tunnel
Construction; 23491 Water, Sewer, and
Pipeline Construction; 23492 Power
and Communication Transmission Line
Construction; 23493 Industrial
Nonbuilding Structure Construction;
23499 All Other Heavy Construction;
23593 Excavation Contractors; 23594
Wrecking and Demolition Contractors
Agency Contact:
Eric Strassler
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-7150
Fax: 202 260-7185
Email: strassler.eric@epa.gov
Jesse Pritts
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-7191
Fax; 202 260-7185
Email: pritts.jesse@epa.gov
RIN: 2040-AD42
EPA
138. 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 status
under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1311 CWA sec 301; 33 USC
1316 CWA sec 306; 33 USC 1326 CWA
sec 316; 33 USC 1361 CWA sec 501
CFR Citation:
40 CFR 9, 122,123,124 and 125
Legal Deadline:
NPRM, Judicial, February 28, 2002.
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61286 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Final, Judicial, August 28, 2003.
Abstract:
This rulemaking affects, at a minimum,
existing electricity generating facilities
that employ cooling water intake
structures and whose intake flow levels
exceed a minimum threshold to be
determined by EPA during the
rulemaking. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of the rulemaking is
to minimize any adverse environmental
impact that may be associated with the
impingement and entrainment of fish
and other aquatic organisms by cooling
water intake structures. Impingement
refers to trapping fish and other aquatic
life on intake screens or similar devices
where they may be injured or killed.
Entrainment occurs when smaller
aquatic organisms, eggs, and larvae are
drawn into a cooling system, and then
pumped back out, often with significant
injury or mortality due to heat, physical
stress or exposure to chemicals.
Statement of Need:
In the absence of national regulations,
Permit Directors have implemented
cooling water intake limitations
incompletely and inconsistently and, in
some cases, permit issuance or
reissuance has been significantly
delayed. Tons of fish and other aquatic
organisms may be cropped annually as
a result of cooling water intake
structures at a single large facility. 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 settlement
of Riverkeeper Inc. et al. v. Whitman,
93 Civ. 0314 [ACS) (U.S.D.C., Southern
District of New York, November 21, .
2000).
Alternatives:
The analysis will cover various sizes
and types of potentially regulated
facilities. EPA is considering whether
to regulate site-by-site, nationally, or on
the basis of broad categories of water
body types.
Anticipated Cost and Benefits:
Costs are not yet determined. A
qualitative assessment of benefits at
several large facilities indicates the
potential for significant benefits when
large 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
02/00/02
08/00/03
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4474
Split from RIN 2040-AC34.
Sectors Affected:
21 Mining; 22111 Electric Power
Generation; 22133 Steam and Air-
Conditioning Supply; 311 Food
Manufacturing; 3122 Tobacco
Manufacturing; 313 Textile Mills; 321
Wood Product Manufacturing; 322
Paper Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
327 Nonmetallic Mineral Product
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 61131 Colleges,
Universities and Professional Schools
Agency Contact:
Deborah Nagle
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-7185
Email: nagle.deborah@epa.gov
Debra Hart
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-0905
Fax: 202 260-7185
Email: hart.debra@epa.gov
RIN: 2040-AD62
EPA
FINAL RULE STAGE
139. NEW SOURCE REVIEW (NSR)
IMPROVEMENT
Priority:
Other Significant
Legal Authority:
CAA as amended, title I
CFR Citation:
40 CFR 51.160 to 51.166; 40 CFR 52.21;
40 CFR 52:24
Legal Deadline:
None
Abstract:
This action is to revise the CAA new
source review (NSR) regulations, which
govern the preconstruction air quality
review and permitting programs that
are implemented by States and the
Federal Government for new and
modified major stationary sources of air
pollution. This rulemaking will
deregulate — that is, exclude from
major NSR program requirements —
those activities of sources that, with
respect to air pollution, have little
environmental impact. The rulemaking
will encourage pollution control and
pollution prevention projects at existing
sources. Control technology
requirements will be clarified with
respect to when and how they apply
to sources that are covered. The action
seeks to more clearly define the
appropriate roles and requirements of
sources, permitting authorities and
Federal land managers and EPA in the
protection of air-quality-related values
-------
Federal Register/-Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61287
in Federal Class I areas [i.e., certain
national parks and wilderness areas]
under die NSR regulations. State, local,
and tribal permitting agencies will be
given more flexibility to implement
program requirements in a manner that
meets their specific air quality
management needs. Consequendy, the
rulemaking decreases the number of
activities that are subject to NSR
requirements and also expedites the
permitting process for those sources
that are subject to NSR. This action is
designed to reduce the regulatory
burden over all industries without
respect to commercial size or capacity;
therefore, it should have no detrimental
impact on small businesses.. This action
also addresses several pending petitions
for judicial review and administrative
action pertaining to NSR applicability
requirements and control technology
review requirements. Regulations that
will be affected are State
implementation plan requirements for
review of new sources and
modifications to existing sources (40
CFR 51.160-166), the Federal
prevention of significant deterioration
program [40 CFR 52.21), and Federal
restriction on new source construction
(40 CFR 52.24). Finally, this NSR
Improvement effort also includes a
separate rulemaking (SAN 4390, Utility
Sector New Source Review (NSR)
Alternative Compliance Program),
which will provide industries with the
flexibility to focus more on existing
pollution sources, widi die goal of
achieving as good or better
environmental results than could be
achieved by focusing strictly on new
sources.
Statement of Need:
This effort was initiated to examine
complaints from the regulated
community that the current regulatory
scheme is too complex, needlessly
delays projects, and unduly restricts
source flexibility. The goal of diis effort
is to address industry's concerns
without sacrificing the environmental
benefits embodied in die present
approach; that is, protecting and
improving local air quality, and
stimulating pollution prevention and
advances in control technologies. In
1996, this effort was considered far
enough along to be proposed for public
comment, and a proposed rule was
issued. Thereafter, EPOA has
conducted numerous meetings with
interested stakeholders. More recently,
the Agency has been conducting a
review of the NSR program in response
to a recommendation from the
President's National Energy Policy
Development Group. EPA is examning
the impact of the NSR regulations,
including administrative interpreataion
and implementation, on investment in
new utility and refinery generation
capacity, energy efficiency and
environmental protection. EPA plans to
report to the President on the impact
of NSR on the three areas mentioned
above. At that time we will also make
recommendations on whether
improvements to the NSR program are
needed to provide more flexibility and
certainty, while ensuring protection of
the environment. Many of die
approaches proposed in 1996 to
improve NSR are being considered as
part of review recommended by the
President's National Energy Policy
Development Group.
Summary of Legal Basis:
There are no applicable statutory or
judicial deadlines for the NSR reform
rulemaking effort. However, tiie rule
will address three outstanding
settlement agreements: CMA Exhibit B,
Top-down BACT, and die applicability
test for modifications at utilities
(WEPCO).
Alternatives:
In January 1996, EPA, as part of
another regulatory streamling 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.
Additionally, EPA conducted extensive
stakeholder meetings as part of the NSR
review recommended by die President's
National Energy Policy Development
Group. EPA continues to review the
alternatives presented by interested
stakeholders.
Anticipated Cost and Benefits:
From a cost perspective, die proposed
rulemaking represents a decrease in
applications and recordkeeping costs to
industry of at least $13 million per
year, as compared to the pre-existing
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
Date
FR Cite
NPRM
Final Action
07/23/96 61 FR 38249
03/00/02
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3259
See also SAN 4390
Agency Contact:
Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-5795
Fax; 919 541-5509
Email: hutchinson.lynn@epa.gov
BIN: 2060-AEll
EPA
140. 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
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61288 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Legal Deadline:
None
Abstract:
This regulation would establish
Pesticide Management Plans (PMPs) as
a new regulatory requirement for
certain pesticides. Unless a State or
tribal authority has 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.
Statement of Need:
EPA proposed to make specific
pesticides subject to the provisions of
EPA-approved Pesticide Management
Plans (PMPs) because of their strong
ground-water contamination potential.
The rule will establish PMPs as an
other regulatory restriction and define
the minimum requirements and
procedures for developing, approving
and managing PMPs. Upon
promulgation of this rule, the labels of
the designated pesticides will be
changed to require use in conformance
with EPA-approved PMPs, and to
prohibit sale and use in States or
Indian Country without such approved
Plans (after a period allowed for
development and EPA review of these
Plans). A PMP is a State's or tribe's
commitment to EPA and the public to
manage the use of a certain pesticide
in such a way as to avoid unreasonable
risks to ground water that would
otherwise warrant cancellation of the
use. An approved plan will embody a
combination of educational, scientific,
and regulatory tools to fulfill the State's
ground-water protection goals',
developed through a process of public
participation. A plan will include a
process for disseminating this
information to pesticide users and
marketers, and for monitoring the
effectiveness of the plan through the
development of appropriate indicators
of environmental improvement and/or
protection.
Summary of Legal Basis:
The Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) generally
requires EPA to regulate pesticide use
in such a manner as to prevent
unreasonable risks to human health and
the environment. Specifically, 7 USC
136a authorizes EPA to prescribe by
regulation "other regulatory
restrictions" for pesticides that may
generally cause unreasonable risks to
the environment (such as those that are
associated with ground-water
contamination potential} without those
restrictions.
Alternatives:
This Rule is a direct outgrowth of the
Pesticides and Ground Water Strategy,
published in October 1991 (after
extensive consultation with States,
localities, and other affected
stakeholders). In publishing the
Strategy EPA conducted an analysis of
three different alternatives to the
regulation of pesticides' ground-water
risks. One option was to rely
exclusively on orthodox national-level
pesticide regulatory tools (tantamount
to a "baseline"), which would entail
tolerating or remediating a certain level
of ground-water contamination. At die
other extreme, outright cancellation of
candidate pesticides with significant
ground-water contamination potential
was considered to provide full
assurance that no further ground water
contamination would occur (taking into
account the high economic losses due
to the removal of the pesticide from
the market). The analysis concluded
that a "partnership" approach,
providing a mechanism for more
tailored management of pesticide use
(i.e., taking into account the prevailing
influence of highly variable hydrologic
"sensitivity" factors), would be
simultaneously a more effective and
least costly alternative.
Anticipated Cost and Benefits:
EPA anticipates four categories of costs
entailed in requiring PMPs. Federal
Program Costs are those of
administering ground-water protection
activities, such as the review of State
or tribal proposals. State Program Costs
entail both capital and annual costs.
Registrant and user impacts are the
economic losses ascribed to the
reduced use of the classified pesticides,
as well as the costs (to the registrants)
of complying with Federal, State and
tribal provisions. Benefits accrue from
the reduced levels of pesticide residues
in ground water, and a corresponding
reduction in: (1) human and ecological
risk (see below); and (2) threats to the
economic and intrinsic values of the
ground-water resource. Significant
uncertainties attend the quantification
of these benefits, however. Under EO
12866, OMB designated this as an
economically significant regulatory
action under section 3(f) of the
Executive order because of its
potentially significant impact on a
sector of the economy.
Risks:
The pesticides under consideration are
those most frequently detected
(sometimes at concentrations exceeding
health-based reference points) of
currently-registered Pesticides, and
display physical and chemical
characteristics associated with a
ground-water contamination potential.
The level of potential contamination
(and related risk to both human health
and the environment) represent a
potential unreasonable risk to the
environment in the absence of local
management measures. State
management measures are expected to
avert these risks substantially. Because
the Food Quality Protection Act (FQPA)
requires that EPA consider drinking
water as part of dietary exposure, the
Agency is analyzing implications for
this regulation.
Timetable:
Action
Date
FR Cite
NPRM 06/26/96 61 FR 33259
Notice of Availability 02/23/00 65 FR 8925
regarding
Metolachlor
Supplemental NPRM 03/24/00 65 FR 15885
Notice of
Availability and
Extension of
Comment Period
Final Action 09/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Tribal
Additional Information:
SAN No. 3222
Sectors Affected:
9241 Administration of Environmental
Quality Programs
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61289
Agency Contact:
Arthur-Jean B. Williams
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epa.gov
Jean 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@epa.gov
RIN: 2070-AC46
EPA
141. TSCA INVENTORY UPDATE RULE
AMENDMENTS
Priority:
Other Significant
Legal Authority:
15 USC 2607[a) TSCA 8(a)
CFR Citation:
40 CFR 710
Legal Deadline:
None
Abstract:
This action would amend the current
Toxic Substances Control Act [TSCA)
Inventory Update Rule (IUR) to require
chemical manufacturers to report to
EPA data on exposure-related
information and the industrial and
consumer end uses of chemicals they
produce or import. Currently, EPA
requires chemical manufacturers to
report the names of the chemicals they
produce, as well as the locations of
manufacturing facilities and the
quantities produced. About 3,000
facilities reported data on about 9,000
unique chemicals during the last
reporting cycle under the IUR. Data
obtained would be used by EPA and
others to: better understand the
potential for chemical exposures;
screen the chemicals now in commerce
and identify those of highest concern;
establish priorities and goals for their
chemical assessment, risk management
and prevention programs, and monitor
the programs' progress; encourage
pollution prevention by identifying
potentially safer substitute chemicals
for uses of potential concern; and
enhance the effectiveness of chemical
risk communication efforts.
Additionally, EPA will consider other
amendments to the IUR. These include
removing the inorganic chemicals
exemption providing the information to
better assess and manage risks of
inorganic chemicals; improving the
linkages of IUR data to other data
sources to enhance the data's
usefulness; and altering the confidential
business information (CBI) claim
procedures to reduce the frequency of
CBI claims, allowing the public greater
access to relevant information on toxic
chemicals. EPA has held meetings with
representatives of the chemical
industry, environmental groups,
environmental justice leaders, labor
groups, State governments and other
Federal agencies to ensure public
involvement in the TSCA Inventory
Update Rule Amendments Project.
Statement of Need:
There are more than 75,000 chemicals
in commerce listed on the TSCA
Inventory. EPA faces the challenge of
sorting through these chemicals to
identify the ones of most concern, then
taking the appropriate steps to mitigate
unreasonable risks of those chemicals.
The current IUR collects some key data,
such as production volume, used to
identify the chemicals of most concern.
However, other exposure-related
information is essential to more
accurately identify the chemicals with
the greater risk potential. Information
on how a chemical is manufactured,
processed, and used is needed to
determine possible exposure routes and
scenarios of these chemicals. This
action will propose to modify the
inventory update process to collect the
exposure-related data necessary for an
effective TSCA Inventory Screening
program; the information will be
collected in a format that makes the
information easy to use to screen
thousands of chemicals. A national
report will make data collected via the
amended IUR publicly available. This
report will not contain any information
claimed to be confidential.
Summary of Legal Basis:
Toxic Substances Control Act (TSCA)
Section 8.
Alternatives:
Although data on the use of specific
chemicals can be found in varying
sources, there is no national,
comprehensive, current searchable
database providing consistent
information on a wide variety of
chemicals. EPA has examined alternate
sources of the information including
state information, Federal databases
and privately collected information.
EPA can find no information
comparable to the data anticipated to
be collected through amendments to
the IUR.
Anticipated Cost and Benefits:
EPA anticipates costs of this action to
be well under $100 million for the first
year of reporting. Total costs of this
action depend on the amendments to
IUR that are contained in a proposed
rule. The amended IUR will assist EPA
in screening chemicals in commerce
and identifying those of highest
concern; establishing priorities and
goals for chemical assessment, risk
management and prevention programs
and to monitor their progress;
identifying potentially safer substitute
chemicals for uses of potential concern;
and enhancing the effectiveness of
chemical risk communication efforts.
Risks:
This action will secure data on
describing how chemicals in commerce
are used; this data is essential to
determine possible exposure routes and
scenarios. Using these exposure
estimates, EPA's toxics program will be
able to better focus on chemical risks
of most concern.
Timetable:
Action
NPRM
Notice Comment
Extension
Final Action
Date PR Cite
08/26/99 S4FR 46771
10/22/99 64 FR 56998
02/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3301
Sectors Affected:
324 Petroleum and Coal Products
Manufacturing; 325 Chemical
Manufacturing
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61290 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Agency Contact:
Susan Sharkey
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone: 202 564-8789
Fax: 202 260-1661
Email: krueger.susan@epa.gov
Robert Lee
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone; 202 260-0676
Fax: 202 260-1661
Email: lee.robert@epa.gov
RIN: 2070-AC61
EPA
142. CHEMICAL RIGHT-TO-KNOW
INITIATIVE; HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority:
Other Significant
Legal Authority:
15 USC 4 TSCA; 15 USC 8 TSCA; 42
USC 313 TRI; 7 USC 136 FIFRA
CFR Citation:
40 CFR 700 et seq
Legal Deadline:
None
Abstract:
The Chemical RTK Initiative was
established in 1998 in response to the
finding that most commercial chemicals
have very little, if any, publicly
available toxicity information on which
to make sound judgments about
potential risks. There are three key
components to this initiative, each of
which is being implemented by EPA.
These are: collecting and making public
screening level toxicity data for 2,800
widely used commercial chemicals;
additional health effects assessment for
chemicals to which children are
substantially exposed; and the listing
and lowering of thresholds for
persistent, bioaccumulative, toxic
chemicals reported to the Toxic Release
Inventory (TRI). This Initiative will
involve several separate activities, with
any regulatory related actions included
as separate entries in the Regulatory
Agenda.
Statement of Need:
The Chemical Right to Know Initiative
grew out of the finding of an EPA study
that there is very little basic publicly
available information on the health and
environmental effects of even the most
widely used commercial chemicals.
Less than 7% of the 2,800 high
production volume chemicals have a
full set of baseline testing information
readily available, while almost 50%
have no public information whatsoever.
The Chemical Right to Know Initiative
is designed to close these information
gaps, and to make both new and
existing information available to the
public.
Summary of Legal Basis:
To the extent that rule-making is
required to implement the chemical
Right-to-Know Initiative, EPA will
utilize the testing authorities available
under TSCA and the chemical reporting
authorities of EPCRA Section 313 (the
Toxics Release Inventory).
Alternatives:
The Chemical Right-to-Know Initiative
will rely on a combination of
partnership programs and rule-writing
to accomplish its goals. For instance,
the HPV Challenge Program has asked
industry to voluntarily provide both
new and existing data on high
production volume chemicals, while a
series of HPV test rules would require
testing of specific HPV chemicals of
concern.
Anticipated Cost and Benefits:
The benefits of the Chemical Right-to-
Know Initiative are substantial, as no
one in the environmental community
— whether in industry, government or
the public — can make reasoned risk
managemenfdecisions in the absence
of reliable health and environmental
information. The cost of baseline
testing is well-established, and runs
about $200,000 per chemical for a full
set of tests, for those chemicals on
which data do not already exist.
Risks:
None.
Timetable:
Action
Date
FR Cite
Notice Data Collection 12/26/00 65 FR 81686
and Development
on HPV Chemiclas
Initiative Completed 06/00/05
HPV Data to be
received by
06/2005.
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal
Additional Information:
SAN No. 4176
See also items identified under the
following RINs 2070-AD09; 2070-AD38;
RIN 2070-AD16; RIN 2070-AC27.
Sectors Affected:
32411 Petroleum Refineries; 325
Chemical Manufacturing
Agency Contact:
Barbara Leczynski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405
Washington, DC 20460
Phone; 202 260-3945
Fax; 202 260-1096
Email; leczynski.barbara@epa.gov
Mary Dominiak
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405
Washington, DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 207Q-AD25
EPA
143. • 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
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61291
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to "prevent,
repel or mitigate any pest." These
substances are also "chemical pesticide
residues" under the Federal Food,
Drug, and Cosmetic Act (FFDCA). EPA
has determined that it will no longer
issue split registrations for
biotechnology products. Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
recent Supplemental Proposal (66 FR
37855).
Statement of Need:
Publication of the policy document
"Coordinated Framework for the
Regulation of Biotechnology"
established a framework using existing
statutes for inter-Agency regulation of
biotechnology products. EPA began the
process of establishing an internal
framework for regulation of
biotechnology under its product-
specific statutes through the
finalization of the first set of plant-
incorporated protectants rules. This
rule is necessary to continue the
development of and further define
EPA's framework for regulation of
products derived through
biotechnology.
Summary of Legal Basis:
Under FIFRA (7 USC 136 et seq) and
section 408 of the FFDCA (21 USC 346a
et seq), EPA has the authority to require
the registration of pesticides and to
establish tolerances, or exemptions
from the requirement of a tolerance as
appropriate, of pesticidal residues in
food. As EPA will no longer issue split
registrations for pesticides, these
decisions must be considered
simultaneously.
Alternatives:
The choice is either to provide an
exemption or not to. There are no other
alternatives to evaluate.
Anticipated Cost and Benefits:
The anticipated costs and benefits are
based on those associated with the
recently finalized exemption for PIPs
derived through conventional breeding
from sexually compatible plants. No
costs are associated with this action.
Benefits would include a reduction in
regulatory oversight and the use of
associated resources.
Risks:
This rule is an exemption, so potential
risk will be examined to ensure
implementation would not present a
risk to public health or to the
environment.
Timetable:
Action
Date
FR Cite
NPRM' 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
Supplemental NPRM 04/23/99 64 FR 19958
Request for
Comment on
Alternate Name
Supplemental NPRM 07/19/01 66 FR 37855
Seeks Additional
Comment Based on
NAS Report
FFDCA Final Action 06/00/02
FIFRA Final Action 06/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
Federal
Additional Information:
SAN No. 4602
This action is a continuation of RIN
2070-AC02, which now contains
several completed actions.
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 111 Crop
Production; 54171 Research and
Development in the Physical Sciences
and Engineering Sciences
Agency Contact:
Elizabeth Milewski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-0699
Fax: 202 260-0949
Email: milewski.elizabeth@epa.gov
Phil Hutton
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7511C
Washington, DC 20460
Phone: 703 308-8260
Fax: 703 308-7026
Email: hutton.phil@epa.gov
RIN: 2070-AD49
EPA
144. • 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 "chemical pesticide
residues" under the Federal Food,
Drug, and Cosmetic Act (FFDCA). EPA
has determined that it will no longer
issue split registrations for
biotechnology products. Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
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61292 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
recent supplemental proposal (66 FR
37855).
Statement of Need:
Publication of the policy document
"Coordinated Framework for the
Regulation of Biotechnology"
established a framework using existing
statutes for interagency regulation of
biotechnology products. EPA began the
process of establishing an internal
framework for regulation of
biotechnology under it's product-
specific statutes through the
finalization of the first set of plant-
incorporated protectants rules. This
rule is necessary to continue the
development of and further define
EPA's framework for regulation of
products derived through
biotechnology.
Summary of Legal Basis:
Under FIFRA (7USC 136 et seq) and
section 408 of the FFDCA (21 USC
346a), EPA has the authority to require
the registration of pesticides and to
establish tolerances, or exemptions
from the requirement of a tolerance as
appropriate, of pesticidal residues in
food. As EPA will no longer issue split
registrations for pesticides, these
decisions must be considered
simultaneously.
Alternatives:
The choice is either to provide an
exemption or not to. There are no other
alternatives to evaluate.
Anticipated Cost and Benefits:
The anticipated costs and benefits are
based on those associated with the
recently finalized exemption for PIPs
derived through conventional breeding
from sexually compatible plants. No
costs are associated with this action.
Benefits would include a reduction in
regulatory oversight and the use of
associated resources.
Risks:
This rule is an exemption, so potential
risk will be examined to ensure
implementation would not present a
risk to public health or to the
environment.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 04/23/99 64 FR 19958
Request for
Comment on
Alternate Name
Supplemental NPRM 08/20/01 66 FR 43552
Extension of
Comment Period
Rnal Action 09/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Organizations
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 spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 111 Crop
Production; 54171 Research and
Development in the. Physical Sciences
and Engineering Sciences
Agency Contact:
Elizabeth Milewski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-0699
Fax: 202 260-0949
Email: milewski.elizabeth@epa,gov
Janet Andersen
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7511C
Phone: 703 308-8128
Fax: 703 308-7026
RIN: 2070-AD55
EPA
145. REQUIREMENTS FOR ZINC
FERTILIZER MADE FROM RECYCLED
HAZARDOUS SECONDARY
MATERIALS
Priority:
Supplemental NPRM 05/16/97 62 FR 27132 Other Significant
Legal Authority:
42 USC 1006 et seq
CFR Citation:
40 CFR 261; 40 CFR 266; 40 CFR 268;
40 CFR 271
Legal Deadline:
NPRM, Judicial, November 15, 2000,
Settlement agreement met deadline.
Final, Judicial, May 15, 2002,
Settlement agreement.
Abstract:
This rulemaking is intended to revise
the current RCRA regulations that
apply to recycling of hazardous wastes
in the manufacture of zinc fertilizers.
Specifically, it is intended to establish
a more consistent application of these
recycling requirements to zinc fertilizer
products, to establish a set of standards
for contaminants in RCRA-regulated
zinc fertilizers that are more
appropriate to fertilizers and are
protective of human health and the
environment, and to specify more
appropriate, protective conditions for
management of zinc-bearing hazardous
secondary materials prior to recycling.
These regulatory revisions are expected
to directly affect companies that
manufacture zinc fertilizers from
hazardous secondary materials, and is
likely to benefit such manufacturers
that are small businesses by removing
certain regulatory disincentives to
legitimate recycling activities.
Statement of Need:
This rulemaking responds to concerns
expressed by industry, environmental
groups and state agencies regarding the
need to amend current RCRA
regulations that apply to zinc fertilizers
made from recycled hazardous wastes.
The rule is expected to encourage
legitimate recycling of zinc-bearing
hazardous wastes, reduce costs, and
establish more appropriate standards
for these products.
Summary of Legal Basis:
This rulemaking is subject to a
settlement agreement with the Sierra
Club, The Washington Toxics Coalition,
and the Environmental Technology
Council. The agreement was signed on
June 20, 2000.
Alternatives:
A number of regulatory alternatives are
being examined in the context of
reaching final Agency decisions for the
final rule.
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61293
Anticipated Cost and Benefits:
The economic impact analysis prepared
for the proposed rule estimated net cost
savings to industry of several million
dollars from the rule. The analysis is
being refined based on comments
received on the proposal and other
information.
Risks:
The rulemaking will result in lower
levels of contaminants, such as lead
and cadmium, in zinc fertilizers made
from hazardous wastes, with
corresponding reductions in potential
risks.
Timetable:
Action
Date
FR Cite
Final Action
05/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4208
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32531
Fertilizer Manufacturing; 331111 Iron
and Steel Mills; 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum);
331492 Secondary Smelting, Refining,
and Alloying of Nonferrous Metal
(except Copper and Aluminum);
562112 Hazardous Waste Collection
Agency Contact:
Dave Pagan
Environmental Protection Agency
Solid Waste and Emergency Response
5301W
. Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
BIN: 2050-AE69
EPA
146. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal goverments.
Legal Authority:
42 USC 300f et seq; SDWA 1412
CFR Citation:
40 CFR 141; 40 CFR 142
Legal Deadline:
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Other, Statutory, February 6, 1999,
Publish radon health risk reduction and
cost analysis.
Abstract:
EPA proposed new regulations for
radon in drinking water which will
provide states flexibility in how to
manage the health risks from radon, in
both drinking water and in indoor air.
States would be able to focus their
efforts on the highest radon risks to the
public - in indoor air - while reducing
the highest risks from radon in drinking
water. Breathing indoor radon in homes
is the primary public health risk from
radon, contributing to about 15,000-
22,000 lung cancer deaths each year in
the United States, according to a
landmark report by the National
Academy of Sciences. That makes
radon in indoor air the second leading
cause of lung cancer in the United
States. Based on a NAS report, EPA
estimates that radon in drinking water
causes about 168 cancer deaths per
year, of which about 89 percent are
lung cancer from breathing radon
released from water. The remaining 11
percent of the risk is for stomach
cancer from drinking radon-containing
water.
The proposal is based on the unique
framework outlined in the 1996 Safe
Drinking Water Act (SDWA). The
proposed new regulation will provide
two options to states and water systems
for reducing public health risks from
radon. Under the first option, states can
choose to develop enhanced state
programs to address the health risks
from indoor radon while water systems
reduce radon levels in drinking water
to at or below the higher, alternative
maximum contaminant level MCL
proposed at 4,000 pCi/L (picoCuries per
liter, a standard unit of radiation),
ensuring protection from the highest
risks from radon in drinking water.
EPA is encouraging the states to adopt
this approach as the most cost-effective
way to achieve the greatest radon risk
reduction. If a state does not elect this
option, the second option would
require water systems in that state to
either reduce radon in drinking water
levels to the MCL of 300 pCi/L, or to
develop a local indoor radon program
and reduce levels in drinking water to
4000 pCi/L. Those systems initially at
the MCL or lower will not need to treat
their water for radon.
Statement of Need:
Radon in drinking water increases risk
to public health, both from inhalation
of radon discharged through normal
water use, such as showering, and from
ingestion of water.
Summary of Legal Basis:
Pursuant to the Safe Drinking Water
Act, as amended in 1996 [sec. 1412
(b)(13)], EPA is required to: (1)
Withdraw the 1991 proposed radon in
drinking water rule; (2) Work with the
National Academy of Sciences to
conduct a risk assessment for radon in
drinking water, and an assessment of
the health risk reduction benefits
associated with various mitigation
methods of reducing radon in indoor
air; [3] Publish a radon health risk
reduction and cost analysis for possible
radon Maximum Contaminant Levels
(MCLs) for public comment, by
February, 1999; (4) Propose a Maximum
Contaminant Level Goal (MCLG) and
National Primary Drinking Water
Regulation (NPDWR) for radon by
August, 1999; and (5) Publish an MCLG
and Final NPDWR one year after
proposal. In addition, if EPA
promulgates an MCL more stringent
than necessary to reduce the
contribution to radon in indoor air from
drinking water to a concentration that
is equivalent to the national average
concentration of radon in outdoor air,
the Agency must establish an
alternative MCL (AMCL). The AMCL is
to be set at a level which would result
in a contribution of radon from
drinking water to radon levels in
indoor air equivalent to the national
average concentration of radon in
outdoor air. If an alternative MCL is
established, EPA must publish criteria
for States to develop multimedia radon
mitigation programs. EPA shall approve
State multimedia mitigation programs if
they are expected to achieve equal or
greater health risk reduction benefits
than would be achieved through
compliance with the MCL. If EPA
approves a State multimedia mitigation
program, public water supply systems
within the State may comply with the
AMCL. If a State does not have an
approved multimedia mitigation
program, any public water system may
submit a program for approval by EPA
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61294 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
according to the same criteria,
conditions, and approval process that
would apply to a State program. EPA
shall evaluate multimedia mitigation
programs every 5 years.
Alternatives:
EPA considered a range of MCL options
for radon in drinking water in the
Health Risk Reduction and Cost
Analysis (HRRCA) (published in
February 1999). The primary alternative
is for a State or public water system
to develop a multimedia mitigation
program in order for it to comply with
the AMCL. The National Academy of
Sciences provided information on key
factors (the water to air transfer factor
and the national average outdoor radon
level) that EPA used in setting the
proposed AMCL.
Anticipated Cost and Benefits:
The total annual costs of compliance
with the MCL of 300 pCi/1 for radon
in drinking water and the associated
information collection and reporting
requirements is estimated at $341-408
million. In complying with 300 pCi/1,
an estimated 62.0 fatal and 3 non-fatal
cancer cases are avoided each year.
Because EPA expects that most States
and systems will choose to comply
with the alternative maximum
contaminant level (AMCL) of 4,000
pCi/1 and implement a Multi-Media
Mitigation (MMM) program, EPA
expects the total annual costs of
compliance with the radon rule to be
significantly less than $408 million. If
most States and systems comply with
the AMCL and implement a MMM
program, the total annual costs of
compliance are estimated at
approximately $86 million. The
quantifiable benefits of the health risk
reduction are estimated to be $360
million for either implementation
scenario. EPA expects compliance with
the AMCL and implementation of a
MMM program to achieve equal or
greater risk reduction than is expected
with strict compliance with the MCL.
Risks:
Radon is a naturally occurring volatile
gas formed from the normal radioactive
decay of uranium. It is colorless,
odorless, tasteless, chemically inert,
and radioactive: Exposure to radon and
its progeny is believed to be associated
with increased risks of several kinds of
cancer. When, radon or its progeny are
inhaled, lung cancer accounts for most
of the total incremental cancer risk.
Ingestion of radon in water is suspected
of being associated with increased risk
of tumors of several internal organs,
primarily the stomach. As required by
the SDWA, as amended, EPA arranged
for the National Academy of Sciences
(NAS) to assess the health risks of
radon in drinking water. The NAS
Report represents a comprehensive
assessment of scientific data gathered
to date on radon in drinking water. The
report, in general, confirms earlier EPA
scientific conclusions and analyses of
radon in drinking water.
The NAS Report is one of the most
important inputs used by EPA in its
regulatory impact analysis. EPA has
used the NAS's assessment of the
cancer risks from radon in drinking
water to estimate both the health risks
posed by existing levels of radon in
drinking water and also the cancer
deaths prevented by reducing radon
levels.
Timetable:
Action
ANPRM
NPRM
Notice
Second NPRM
Notice
Final Action
Date
09/30/86
07/18/91
02/26/99
1 1/02/99
06/23/00
03/00/02
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59245
65 FR 391 13
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 2281
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Mariana Cubbedo-Negro
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-5746
Fax: 202 260-3762
James Taft
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-5519
Fax: 202 260-3762
Email: taft.james@epa.gov
RIN: 2040-AA94
EPA
147. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
AND CLARIFICATIONS TO
COMPLIANCE AND NEW SOURCE
CONTAMINANT MONITORING
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 SDWA 1412
CFR Citation:
40 CFR 141(Revision); 40 CFR 142
(Revision)
Legal Deadline:
NPRM, Statutory, January 1, 2000.
Final, Statutory, June 22, 2001.
Abstract:
On January 22, 2001, EPA published
a final Arsenic Rule (66 FR 6975). On
March 23, 2001, EPA published a
notice delaying the effective date of the
final Arsenic Rule from March 23,
2001, to May 22, 2001 (66 FR 16134),
in accordance with a January 20, 2001,
memorandum from the Assistant to the
President and Chief of Staff, entitled
Regulatory Review Plan, (published in
the Federal Register on January 24,
2001). The 60-day delay in effective
date was necessary to give Agency
officials the opportunity for further
review and to consider the new rule.
On May 22, 2001, EPA published a rule
that further delayed the effective date
of the final Arsenic Rule from May 22,
2001, to February 22, 2002 (66 FR
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan 61295
20579). As its next step in the process
of reviewing the final Arsenic Rule, on
July 19, 2001, EPA published a
proposal for comment on a range of
arsenic maximum contaminant level
options from 3 ppb to 20 ppb to
facilitate Agency review of the January
22, 2001 rule.
Statement of Need:
Tbe 1996 amendments to the Safe
Drinking Water Act require EPA to
determine whether the costs of
regulation would justify the benefits,
including consideration of
nonquantifiable benefits. In addition,
EPA must determine the incremental
costs and benefits of alternatives
considered that do not include what
would occur from compliance with
other proposed or final regulations. If
the costs do not justify the benefits, the
Administrator may choose to raise the
MCL to a level still protective of health
at which costs do justify the benefits.
The 1999 report issued by the National
Academy of Sciences (NAS) definitely
implicated inorganic arsenic's effects
on bladder, lung, and skin cancer.
Based on data that existed at that time,
NAS urged EPA to lower the drinking
water standard as soon as possible.
Summary of Legal Basis:
1412(b)(12) CERTAIN
CONTAMINANTS.
(A) ARSENIC.: i) SCHEDULE AND
STANDARD.— notwithstanding the
deadlines set fordi in paragraph (I), the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic pursuant to this
subsection, in accordance with the
schedule established by this paragraph.
[ii] STUDY PLAN.— Not later than 180
days after the date of enactment of this
paragraph, the Administrator shall
develop a comprehensive plan for
study in support of drinking water
rulemaking to reduce the uncertainty in
assessing health risks associated with
exposure to low levels of arsenic. In
conducting such study, the
Administrator shall consult with the
National Academy of Sciences, other
Federal agencies, and interested public
and private entities.
(iii) COOPERATIVE AGREEMENTS.—
In carrying out the etudy plan, the
Administrator may enter into
cooperative agreements with other
Federal agencies, State and local
governments, and other interested
public and private entities.
(iv) PROPOSED REGULATIONS.— The
Administrator shall propose a national
primary drinking water regulation for
arsenic not later than January 1, 2000.
(v] FINAL REGULATIONS.— Not later
than January 1, 2001, after notice and
opportunity for public comment, the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic.
(vi) AUTHORIZATION.— There are
authorized to be appropriated
$2,500,000 for each of fiscal years 1997
through 2000 for the studies required
by this paragraph.
Also see: 1412(b)(4)(E)(ii) for listing
small system technologies 1412[b}(4)(C]
for requiring analysis of whether costs
justify benefits 1412[b)(3)(C)(i) for other
requirements for the cost-benefit
analyses 1412(b)(15) for small system
variance technologies, if, considering
the source water, no treatment
technology is listed.
Alternatives:
EPA proposed an MCL of 5 ug/L for
arsenic and requested comment on
MCL options of 3, 10, and 20 ug/L. EPA
provided benefit analyses of each of
these alternatives, measured as
reducing drinking water arsenic from
the current standard of 50 ug/L. This
proposal lists affordable technologies
for small systems, as required by the
1996 amendments to the statute.
Because EPA identified affordable
compliance technologies for all small
system sizes, EPA did not list small
system variance technologies.
Anticipated Cost and Benefits:
As discussed in the January 2001
Arsenic Rule, at a seven percent
discount rate, the Arsenic Rule would
be expected to have a total annualized
cost of S792.1 million for a MCL of
3 ug/L, $471.7 million for a MCL 5
ug/L, S205.6 million for a MCL of 10
ug/L, and $76.5 million for a MCL of
20 ug/L. The Arsenic Rule would have
total health benefits as a result of
avoided bladder and lung cancer cases
of approximately S213.8 to $490.9
million if the MCL were set at 3 ug/L,
$191.1 to $355.6 million if the MCL
were set at 5 ug/L, $139.6 to $197.7
million if the MCL-were set at 10 ug/L,
and $66.2 to $75.3 million if the MCL
were set at 20 ug/L. These monetized
health benefits of reducing arsenic
exposures in drinking water are
attributable to the reduced incidence of
fatal and non-fatal bladder cancer and
lung cancer. Under baseline
assumptions (no control of arsenic
exposure), there are annual fatal
cancers and non-fatal cancers
associated with arsenic exposures
through CWSs. At an arsenic MCL level
of 3 ug/L, an estimated 33 to 74 fatal
cancers and 25 to 64 non-fatal cancers
per year are prevented; at a arsenic
level of 5 ug/L, an estimated 29 to 54
fatal cancers and 22 to 47 non-fatal
cancers per year are prevented; at 10
ug/L, 21 to 30 fatal and 16 to 26 non-
fatal cancers per year are prevented;
and at 20 ug/L, 10 to 11 fatal and
approximately 9 non-fatal cancers per
year are prevented. In addition to
quantifiable benefits, many potential
non-quantifiable benefits associated
with reducing arsenic exposures in
drinking water have been identified.
These potential benefits were not able
to be quantified for the January 2001
Rule, hut may include reduced risk of
skin cancer and numerous non-
cancerous health effects. In addition,
certain non-health related benefits may
exists, such as ecological improvements
and an increase in consumers'
perception of drinking water. The
cost/benefit analysis for the Arsenic
Rule is being revised.
Risks:
According to the 1999 report issued by
the National Academy of Sciences, the
risk of male bladder cancer at the
current standard is 1 to 1.5 additional
cancers per thousand people, or 1-
1.5x10-3, based on a linear approach.
Timetable:
Action
Date FR Cite
Plan Arsenic 12/24/96 61 FR 67800
Research Topics
for Funding
NPRM 06/22/00 65 FR 38888
Final Action 01/22/01 66 FR 6975
Final Action - Delay of 03/23/01 66 FR 16134
Effective Date
NPRM - Further 04/23/01 66 FR 20580
Delay of Effective
Date
Final Action - Further 05/22/01 66 FR 28342
Delay of Effective
Date
Second NPRM 07/19/01 66 FR 37617
Notice Result of 10/05/01 66 FR 50961
Agency Review
Final Action 02/00/02
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
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61296 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/The Regulatory Plan
Additional Information:
SAN No. 2807
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Irene Dooley
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
RIN: 2040-AB75
EPA
148. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority:
Economically Significant
Legal Authority:
PL 104-13; PL 105-277
CFR Citation:
40 CFR 3 (New); 40 CFR 9 (Revision)
Legal Deadline:
None
Abstract:
The Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule will
provide a uniform legal framework for
paperless electronic reporting and
recordkeeping, including electronic
signature/ certification, across EPA's
environmental compliance programs.
The rule will remove current legal
requirements for paper and provide for
mechanisms to assure the validity and
authenticity of electronic documents
and associated electronic signatures,
whether transmitted as reports or
maintained as records. This rule is
important because of the Government
Paperwork Elimination Act of 1998
requirements and the Administrator's
Reinventing Environmental Information
(REI) Action Plan goal of universal ER
availability by 2003.
Statement of Need:
EPA is required by the Government
Paperwork Elimination Act (GPEA) of
1998 to provide electronic reporting
and recordkeeping as an option to its
regulated community by 2003. To meet
this deadline and comply with GPEA,
the framework for electronic reporting
must be in place by that time. The
CROMERR rule would establish a
framework to remove obstacles to
electronic reporting and recordkeeping
under most EPA regulations. Electronic
government is also a capstone of the
President's Management Agenda.
Summary of Legal Basis:
(1) Government Paperwork Elimination
Act (GPEA) of 1998. GPEA requires
Federal agencies to provide electronic
reporting and recordkeeping to its
regulated community by 2003.
(2) Electronic Signature National and
Global Commerce Act (ESIGN), June 30,
2000. This law eliminates legal barriers
to the use of electronic technology to
form and sign contracts, collect and
store documents, and send and receive
notices and disclosures. ESIGN applies
broadly to Federal statutes and
regulations governing private sector
(including business-to-business and
business-to-consumer) activities. In
general, it does not cover activities that
are primarily governmental, which are
governed by GPEA. ESIGN begins to
take effect on October 1, 2000.
Alternatives:
Two alternatives to an EPA cross-media
rule that applies to most compliance
reports under 40 CFR, would include:
(1) a business-as-usual approach to
electronic recordkeeping with
additional rulemaking to cover
electronic reporting; or (2) individual
rulemakings by each of the program
offices. EPA's past experience with
such rulemakings has demonstrated
that such a course of action may be
less effective in bringing EPA into
compliance with GPEA by the 2003
deadline.
Risks:
The risks are undetermined.
Timetable:
Action
Date
PR Cite
NPRM
Final Action
08/31/01 66 FR 46161
04/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Procurement:
This is a procurement-related action for
which there is no statutory
requirement. There is a paperwork
burden associated with this action.
Additional Information:
SAN No. 4270
Fomerly listed as RIN 2020-AA41.
Agency Contact:
Evi Buffer
Environmental Protection Agency
Office of Environmental Information
2823
Washington, DC 20460
Phone: 202 260-8791
Fax: 202 401-0182
Email: huffer.evi@epa.gov
David Schwarz
Environmental Protection Agency
Office of Environmental Information
2823
Washington, DC 20460
Phone: 202 260-2710
Fax: 202 401-0182
Email: schwarz.david@epa.gov
RIN: 2025-AA07
BILLING CODE 6560-50-3
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62240
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CF.R Ch. I
FRL-7085-7
October 2001 Agenda of Regulatory
and Deregulatory Actions
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Agenda of Regulatory and Deregulatory
Actions 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 contact Janice Ndunguru
(1806A), Environmental Protection
Agency; 1200 Pennsylvania Avenue
NW, Washington, DC 20460; by e-mail
at ndunguru.janice@epa.gov; or by
phone at (202) 564-6572.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action please get in touch
with the agency contact listed for that
action. If you have general questions
about the Agenda or about EPA's
decisionmaking process, please contact:
Philip Schwartz (1806A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW; Washington,
DC 20460; phone: (202) 564-6564; e-
mail: schwartz.philip@epa.gov. We
welcome your suggestions on how we
can make the Agenda more useful to
you and easier to use.
SUPPLEMENTARY INFORMATION:
Table of Contents
a. What Principles and Objectives
Guide EPA in Developing Regulations
and Policies?
b. How Does EPA Develop Rules and
Policies?
c. What Actions Are Included in the
Agenda?
d. How Is the Agenda Organized?
e. What Information Is in Agenda
Entries?
f. What Additional Information Is in
Regulatory Plan Entries?
g. What Tools Are Available To Help
Quickly Identify Actions That Are of
Interest to You?
h. How Can You Access Federal
Register Documents and Interpretive
Guidance via the Internet and via E-
mail?
i. What Special Attention Do We Give
to the Impacts of Rules on Small
Entities?
j. Why Participate and How To Do It
Most Effectively?
A. What Principles and Objectives
Guide EPA in Developing Regulations
and Policies?
The quality of the science, economic,
and policy analysis that underlie EPA
regulations is vital to the credibility of
EPA decisions and ultimately our
effectiveness in protecting human
health and the environment.
Additionally, continued testing and
adoption of new environmental
protection methods must be a central
tenet in environmental problem solving.
A well managed regulatory process and
a strong commitment to innovative
solutions will ensure that the significant
environmental improvements that we
all want to achieve are cost-effective,
fair and fully protective.
Much of the success over the last 31
years and seven administrations in
cleaning up the Nation's water, air, and
land is attributable to the system of
Federal and State regulation that has
directed and coordinated private
investment in pollution control and
prevention. While regulation will
remain an important tool to implement
environmental policy, it is not the only
one. Instead, EPA must increasingly act
as an innovator, educator, and leader in
administering a broad set of new tools
— including new methods to design and
administer regulations — that engage all
segments of our society in responsive
behaviors that protect the environment
while promoting appropriate economic
growth. For example, we have worked
with businesses and community leaders
to develop more than 40 voluntary
partnership programs that help achieve
environmental objectives with the
greatest possible efficiency. For more
information about these programs visit:
www.epa.gov/partners.
EPA's regulatory process must ensure
that the Nation's environmental
protection system produces the best
outcomes at an acceptable cost, where
cost considerations are appropriate.
Appropriate scientific, economic and
policy analyses must be planned at early
stages in the regulatory development
process so that senior Agency decision
makers understand the benefits and
costs of policy options from which to
choose. Additionally, it is important
that we continue to apply new methods
to protect the environment—by building
flexibility into regulations up front,
through non-regulatory approaches
where effective, by creating strong
partnerships with States, local
governments, and businesses, and by
vigorously using public outreach and
involvement.
Several basic legal requirements we
must follow when we issue a regulation
are 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. You can find
information on many of these laws at
http://www.law.cornell.edu/uscode/.
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), 13045 (Children's Health
Protection), 13175 (Consultation and
Coordination with Indian Tribal
Governments), 13132 (Federalism), and
13211 (Energy). You can find
information on these and other
Executive orders at
http://www.nara.gov/fedreg/eo. html.
B. How Does EPA Develop Rules and
Policies?
In order to improve the regulatory
process within EPA, we established a
task force to examine the Agency's
rulemaking process, and to recommend
ways to improve the internal process
and strengthen the supporting science
and analysis. The task force concluded
that the regulatory process is essentially
sound but improvements should be
made in several areas to more effectively
carry out our mission including: better
science and economic analyses; broader
consideration of policy options; greater
accountability; and better management
of significant nonregulatory decisions.
For a detailed discussion of these
improvements, please see our Statement
of Priorities in The Regulatory Plan,
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62241
EPA
contained in part II of today's Federal
Register.
C. What Actions Are Included in the
Agenda?
EPA includes regulations and certain
major policy documents in the Agenda.
We generally do not include minor
amendments or the following categories
of actions in the Agenda:
• 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:
Actions regarding pesticide tolerances
and food additive regulations;
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 Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• Under the Clean Water Act: State
Water Quality Standards; Deletions
from the section 307(a) list of toxic
pollutants; Suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
Delegations of NPDES authority to
States.
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
There is no legal significance to the
omission of an item from the agenda.
D. How Is the Agenda Organized?
We have organized the agenda:
• First, by the law that would authorize
a particular action;
• Second, by the current stage of
development (proposal, final, etc.};
and
• Third, by the section number of the
statute which requires or authorizes
the action.
The following 14 sections deal with
13 laws that EPA administers and a
fourteenth broader section called
"General" that includes cross-cutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules:
1. General
2. The Clean Air Act (CAA)
3. The Atomic Energy Act [AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and
Liability Act; Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. The Shore Protection Act (SPA)
In each of these 14 sections, there are
up to 5 headings covering the following
stages of rulemaking:
1. Prerulemakings - Prerulemaking
actions are 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 Rules - This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rules - This section includes
rules that are within a year of final
promulgation.
4. Long-Term Actions - This section
includes rulemakings for which the
next scheduled regulatory action is
after September 2002.
5. Completed Actions - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the April 2001 Agenda. It also
includes actions that we are no longer
considering or actions that have been
merged into other actions. 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.
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
haven't appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below.
Economically Significant: As defined
in Executive Order 12866, a rulemaking
action that will have an annual effect on
the economy of SlOO million or more or
will adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities. OMB reviews all
economically significant rules under
Executive Order 12866.
EPA is developing 25 rules that are
expected to have annualized economic
impacts of more than $100 million.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
Number
Rules that are expected to have annualized economic impacts over $100 million
BIN
1 National Primary Drinking Water Regulations: Radon 2040-AA94
2 National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
3 National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Contami-
nant Monitoring 2040-AB75
4 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 2040-AB79
5 NPDES Permit Requirements for Municipal Sanitary Sewer Collection Systems, Municipal Satellite Collection Sys-
tems, and Sanitary Sewer Overflows 2040-AD02
6 NPDES Permit Regulation and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Op-
erations (CAFOs) 2040-AD19
7 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule 2040-AD37
8 National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule 2040-AD38
9 Effluent Guidelines and Standards for the Construction and Development Industry 2040-AD42
10 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facilities Under Section
316(b) of the Clean Water Act, Phase 2 2040-AD62
11 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management Facilities 2050-AB80
12 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers ... 2050-AE81
13 Standards for the Management of Coal Combustion Wastes — Non-Power Producers and Minefilling 2050-AE83
14 NESHAP: Plywood and Composite Wood Products • • 2060-AG52
15 NESHAP: Reciprocating Internal Combustion Engine 2060-AG63
16 NESHAP: Combustion Turbine 2060-AG67
17 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters 2060-AG69
18 NESHAP: Automobile and Light-Duty Truck Manufacturing (Surface Coating) 2060-AG99
19 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern United
States 2060-AH87
20 Control of Emissions from Nonroad Large Spark Ignition Engines, Recreational Engines (Marine and Land-based),
and Highway Motorcycles 2060-AI11
21 Review of the National Ambient Air Quality Standards for Paniculate Matter 2060-AI44
22 Rulemakings for the Purpose of Reducing Interstate Ozone Transport 2060-AJ20
23 Electric Utility Steam Generating Unit MACT Regulation 2060-AJ65
24 Groundwater and Pesticide Management Plan Rule 2060-AC46
25 Endocrine Disruptor Screening Program 2070-AD26
Other Significant: A rulemaking that
is not economically significant but is
considered significant by the agency.
This category includes rules that are an
EPA priority and rules that EPA
anticipates will be reviewed by the
Office of Management and Budget under
Executive Order 12866 because they are
likely to:
• Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
• Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights or
obligations of recipients; or
• Raise novel legal or policy issues.
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 and that
does not alter the body of the regulation.
Informational/Administrative/Other:
A rulemaking that is primarily
informational or pertains to agency
matters not central to accomplishing the
agency's regulatory mandate but that the
agency places in the Agenda to inform
the public of the activity.
Also, if we believe that a rule may be
"major" as defined in the congressional
review provisions of the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) (5 U.S.C. 801; Public Law
104-121) because it is likely to result in
an annual effect on the economy of $100
million or more or meets other criteria
specified in this law, we indicate this
under the "Priority" heading with the
statement "Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that will 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 regulation will address; the
need for a Federal solution; to the extent
available, the alternatives that the
agency is considering to address the
problem; and the potential advantages
and disadvantages of the action.
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
a rule development. 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."
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62243
EPA
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. Generally,
such an analysis is required for
proposed or final rules 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 entities.
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
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 SlOO million threshold, we note it
in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: A code number that
EPA uses to identify and track
rulemakings.
RIN: The Regulatory Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
F. What Additional Information Is in
Regulatory Plan Entries?
Regulatory Plan entries contain all of
the categories of information that are in
Agenda entries and also include the
following six types of information:
Statement of Need
Statement of the Legal Basis
Alternatives
Anticipated Costs and Benefits
Risks
G. What Tools Are Available To Help
Quickly Identify Actions That Are of
Interest to You?
The Regulatory Information Service
Center [RISC], the Government Printing
Office (GPOJ, and the EPA have created
a number of aids to help you find
actions that are of interest to you.
For Rules That Directly Affect a
Particular Industry: See Appendix F
"Environmental Protection Agency
Subject Index to the Unified Agenda." If
you have access to the Internet, you can
use the EPA Regulatory Agenda search
engine which is located in the Small
Business Regulatory Library section of
the EPA Web site at
www.epa.gov/regagenda. Click on
"Search Regulatory Action Database"
and then "Access the Database". This
tool can be used to search all Agenda
entries by keyword and we invite
everyone to use it. The GPO also has a
search engine which is located at.
For Rules With Impacts on Small
Businesses, Small Governments, and
Small Organizations:
Go to Appendix B following this
Agenda for the lists of the rules that we
expect may have a significant impact on
a substantial number of small entities.
These lists are also available on the
Internet. The small businesses list is at
http://ciir.cs.umass.edu/ua/
October2001/entities/sm index-2.html.
The small governments list is at
http://ciir.cs.umass.edu/ua/
October2 001 /entities/sin index-3. html.
And the small organizations list is at
http://ciir.cs.umass.edu/ua/
October2001/entities/sm index-4.html.
For Rules That We Expect Will Have
Some Impact on Some Small Entities
but Less Than a Significant Impact on
a Substantial Number of Them:
See Appendix C following this
Agenda, "Index to Entries That May
Affect Small Entities When a Regulatory
Flexibility Analysis Is Not Required."
This list is available on the Internet at
http://ciir.cs.umass.edu/ua/
October2001/entities/smgov-5.html.
For Rules With Impacts on State, Local,
Tribal, or Federal Government, or
Other Federal Agencies:
See Appendix D following this
Agenda, "Index to Entries That May
Affect Government Levels." This list is
available on the. Internet at
http://ciir.cs.umass.edu/ua/
October2 001 /entities/smgov-8 .html.
H. How Can You Access Federal
Register Documents and Interpretive
Guidance via the Internet and via E-
mail?
Like many organizations in the public
and private sector, EPA is harnessing
the power of the Internet to meet the
needs of those we serve. The EPA Web
site offers more than 100,000 files
online. If you want to get automatic e-
mails about areas of particular interest
as they appear in the Federal Register
(FR), we maintain 12 collections
including: air; water; wastes and
emergency response; pesticides; toxic
substances; right-to-know and toxic
release inventory; environmental
impacts; endangered species; meetings;
the Science Advisory Board; daily full-
text notices with page numbers; and
general information. For more
information and to subscribe via our FR
Web site, visit:
http://www.epa.gov/fedrgstr/
subscribe.htm. 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.
Several Web sites allow access to the
full text of Federal Register documents.
• The Government Printing Office site
has a number of databases online
including the Unified Agenda and the
Federal Register going back to 1994.
This site is the official source for the
electronic Federal Register. It
provides public access via telnet,
Internet, and dial-up connection and
is located at
http://www.access.gpo.gov/su docs/
aces/aces 140.html.
• EPA'ssite
(http://www.epa.gov/fedrgstr/) has
environmental rules issued by EPA
and other Federal agencies dating
back to October 1994 and lets you
search by date, page citation or
keyword. It includes links to the
Regulatory Information Service Center
and Government Printing Office sites.
We also have a Regulatory Agenda
search engine at:
http://www.epa/regagenda. To use,
first select "Search Regulatory Action
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
Database" and then select "Access the
Database".
• The Regulatory Information Service
Center of the General Services
Administration maintains a site to
help users who want to find
information about Federal, State, and
local regulations at
http://www.reginfo.gov/. This site
includes links to all agencies'
regulatory agendas and regulatory
plans going back to October 1995.
In the "Additional Information"
section of many of the entries in this
Agenda we include the Internet address
for documents that we have already
published as part of the rulemaking.
We have recently opened an Internet
site through which you can access a
collection of non-binding guidance
materials issued by EPA Headquarters
offices since January 1,1999. The
collection includes non-binding
guidance documents which explain
what must be done to meet
environmental requirements or explain
how EPA will exercise its discretion in
implementing statutory or regulatory
requirements. The collection is located
at: http://www.epa.gov/guidance/
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Entities?
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 and
appropriate, to the scale of the
businesses, organizations, and
governmental jurisdictions subject to
the regulation. As required by the
Regulatory Flexibility Act (RFA), for
rules on which we expect there will be
a significant impact on a substantial
number of small entities, we convene a
Small Business Advocacy Review Panel
to consider the rulemaking. We also
prepare regulatory flexibility analyses
on these rules. See Appendix B at the
end of the Agenda, "Index to
Environmental Protection Agency
Entries for which a Regulatory Flexiblity
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 will not have a significant impact
on a substantial number of them.
As required by section 610 of the
RFA, we review within 10 years of
issuance all rules that were projected to
have a significant economic impact on
a substantial number of small entities.
GENERAL—Proposed Rule Stage
This year we have no rules scheduled
for section 610 review.
J. Why Participate and How To Do It
Most Effectively?
You may participate by contacting the
expert responsible for developing a
particular action. You may also
participate by commenting on proposed
rules that we publish in the Federal
Register. Once we have proposed a rule,
we will consider your comments and
address them before issuing a final rule.
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 final
rule. You can be particularly helpful
and persuasive if you provide examples
to illustrate your concerns and offer
specific alternatives.
We believe that the best approach to
making our rules more cost-effective
and fairer includes having those of you
who are stakeholders in a problem work
with us in deciding on the solution. We
urge you to participate with us in this
process.
Dated: October 15, 2001.
Thomas J. Gibson,
Associate Administrator, Office of Policy,
Economics, and Innovation.
Sequence
Number
3334
3335
3336
3337
3338
3339
3340
3341
3342
3343
3344
3345
3346
3347
Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
SAN No. 4473 Regulatory Incentives for the National Environmental Achievement Track Program (Reg Plan Seq
SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
SAN No. 4533 New Jersey Gold Track Project XL Rule
Regulation
Identification
Number
2020-AA39
2030- AA64
2030-AA67
2030-AA37
2030-AA50
2030-AA48
2020-AA34
2020-AA42
2020-AA44
2025-AA02
2070-AD45
2090-AA13
2090-AA27
2090-AA28
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
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Federal Register/VoI. 66. No. 232/Monday, December 3, 2001/Unified Agenda 62245
GENERAL—Final Rule Stage
Sequence
Number
3348
3349
3350
3351
3352
3353
3354
Title
SAN No. 4187 EPAAR Coverage on Local Hiring and Training
SAN No. 4021 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs
and Activities Receiving Federal Financial Assistance
SAN No. 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (Reg Plan Seq No. 148)
SAN No. 4185 Electronic Funds Transfer
SAN No. 4351 Notice to Proceed
SAN No. 4400 Administrative Corrections to EPAAR 1515, Contracting by Negotiation
Regulation
Identification
Number
2030-AA62
2020-AA36
2025-AA04
2025-AA07
2030-AA57
2030-AA68
2030-AA73
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
GENERAL—Long-Term Actions
Sequence
Number
3355
3356
3357
3358
3359
Title
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS) Regulations Currently Under TSCA
and FIFRA Into One Rule
SAN No. 4572 Fellowship Grant Regulation Revision
SAN No. 4589 Empowerment Through Delegations of Authority and Miscellaneous Amendments
SAN No. 3671 Guidelines for Carcinogen Risk Assessment
SAN No. 4530 EPA Draft Agencywide Public Involvement Policy
Regulation
Identification
Number
2020-AA26
2030-AA77
2030-AA78
2080-AA06
2090-AA23
GENERAL—Completed Actions
Sequence
Number
3360
3361
Sequence
Number
3362
3363
3364
3365
3366
3367
3368
3369
3370
3371
3372
3373
3374
3375
3376
3377
3378
Title
SAN No. 4226 Incorporating Informal Clauses (EP) Into the EPAAR
SAN No. 4533 New Jersey Gold Track Project XL Rule
CLEAN AIR ACT (CAA)— Proposed Rule Stage
Title
SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No. 3262 Inspection/Maintenance Recall Requirements
SAN No. 3553 Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations (Reg Plan Seq No. 119)
SAN No. 3412 Operating Permits: Revisions (Part 70) (Reg Plan Seq No. 120)
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No. 3820 NESHAP: Plywood and Composite Wood Products (Reg Plan Seq No. 121)
SAN No. 3969 NESHAP: Municipal Solid Waste Landfills
SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions
SAN No. 3910 Streamlined Evaporative Test Procedures
SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
ered in Major Source Determinations
SAN No. 4111 NESHAP: Fumed Silica Production
SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry
SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal Pipes
SAN No. 4113 NESHAP: Clay Minerals Processing
SAN No. 4098 NESHAP: Uranium Hexafluoride Production
SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
SAN No. 4003 Technical Chanqe to Dose Methodology for 40 CFR 191, Suboart A
Regulation
Identification
Number
2030-AA66
2002-AAOO
Regulation
Identification
Number
2060-AE20
2060- A E22
2060-AF34
2060-AF70
2060-AF72
2060-AG52
2060-AH13
2060-AH31
2060-AH34
2060-AH58
2060- AH72
2060-AH75
2060-AH78
2060-AH79
2060-AH83
2060-AH84
2060-AH90
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EPA
CLEAN AIR ACT (C A A)—Proposed Rule Stage (Continued)
Sequence
Number
3379
3380
3381
3382
3383
3384
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
3398
3399
3400
3401
3402
3403
3404
3405
3406
3407
3408
3409
3410
3411
3412
3413
3414
3415
3416
3417
3418
3419
3420
3421
3422
3423
3424
Title
SAN No. 4464 Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michi-
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
SAN No. 3837 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters (Reg Plan Seq
SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manufactured Vehicles and Engines; Amend-
SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
SAN No. 451 1 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
SAN No. 4154 Control of Emissions from Nonroad Large Spark Ignition Engines, Recreational Engines (Marine
SAN No. 4255 Review of the National Ambient Air Quality Standards for Paniculate Matter (Reg Plan Seq No.
126)
SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision (Reg Plan
SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Regulation
Identification
Number
2060- AJ36
2060-AJ85
2060- AA61
2060-AG63
2060-AG67
2060- A E43
2060-AE82
2060-AE85
2060-AG56
2060-AG66
2060-AG68
2060-AG69
2060-AG72
2060-AG93
2060-AG96
2060-AG98
2060-AG99
2060-AH03
2060-AH08
2060-AH12
2060-AH35
2060-AH41
2060-AH47
2060-AI01
2060-AJ66
2060-AG55
2060-AG57
2060-AH02
2060-AD90
2060-AH38
2060-AG20
2008- AAOO
2012-AA01
2050-AE85
2060-AH69
2060-AI1 1
2060-A144
2060-AI56
2060-AI62
2060-AI66
2060-AI67
2060-AI68
2060-AI74
2060-AI96
2060-AI97
2060-AJOO
2060- AJ02
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda 62247
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3426 SAN No. 4390 Utility Sector New Source Review (NSR) Alternative Compliance Program 2060-AJ14
3427 SAN No. 4433 Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call
Technical Amendments, and Section 126 Rules 2060-AJ16
3428 SAN No. 4460 NESHAP for Friction Products Manufacturing 2060-AJ18
3429 SAN No. 4466 Rulemakings for the Purpose of Reducing Interstate Ozone Transport (Reg Plan Seq No. 128) .... 2060-AJ20
3430 SAN No. 4415 Petitions to Delist Source Categories from the Source Category List, Developed Pursuant to Sec-
tion 112(c) of the Clean Air Act 2060-AJ23
3431 SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring 2060-AJ25
3432 SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions-Work Practices 2060-AJ26
3433 SAN No. 4441 Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units Con-
structed on or Before November 30, 1999 2060-AJ28
3434 SAN No. 4448 Revisions to Part 97 Federal NOx Budget Trading Program Allowance Allocation Method and Part
75 Output and Emissions Monitoring Provisions 2060-AJ30
3435 SAN No. 4457 NESHAP: Pesticides Active Ingredients—Amendments 2060-AJ34
3436 SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment 2060-AJ42
3437 SAN No. 4484 NESHAP: Amino/Phenolic Resins: Amendment '. 2060-AJ45
3438 SAN No. 4494 Indoor Air Toxics Strategy 2060-AJ49
3439 SAN No. 4495 Revisions to Regional Haze Rule to Incorporate Sulfur Dioxide Milestones and Backstop Emis-
sions Trading Program for Nine Western States 2060-AJ50
3440 SAN No. 4524 NESHAP: Portland Cement Manufacturing Industry, Amendments to Rule to Implement Settlement
Agreement 2060-AJ57
3441 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
3442 SAN No. 4532 Motor Vehicle and Engine Compliance Program Fees for: Light-Duty Vehicles and Trucks; Heavy-
Duty Vehicles and Engines; Nonroad Engines; and Motorcycles 2060-AJ62
3443 SAN No. 4571 Electric Utility Steam Generating Unit MACT Regulation (Reg Plan Seq No. 129) 2060-AJ65
3444 SAN No. 4555 Electric Arc Furnace NSPS Amendment 2060-AJ68
3445 SAN No. 4558 Transportation Conformity Rule Amendments: Minor Revision and Addition of Grace Period for
Newly Designated Nonattainment Areas 2060-AJ70
3446 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060-AJ72
3447 SAN No. 4573 Non-Conformance Penalties for 2004 and Later Model Year Heavy-Duty Diesel Engines and
Heavy-Duty Diesel Vehicles 2060-AJ73
3448 SAN No. 4574 Protection of Stratospheric Ozone: Assorted Amendments to the Phaseout of Class I Controlled
Substances - Changes Under the Montreal Protocol 2060-AJ74
3449 SAN No. 4583 Modification of Federal On-board Diagnostic Regulations for 2004 Model Year Vehicles Below
14,000 Pounds 2060-AJ77
3450 SAN No. 4592 Regulation to Establish New Date for Receipt of Summer Grade RFG at Terminals 2060-AJ79
3451 SAN No. 4593 Relaxation of Summer Gasoline Volatility Standard for Denver/Boulder Area 2060-AJ80
3452 SAN No. 4594 Protection of Stratospheric Ozone: Allocation of Year 2002 Essential Use Allowances 2060-AJ81
3453 SAN No. 4547 Modification of Authority to Grant Alternative Method Approvals 2060-AJ83
3454 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
3455 SAN No. 4591 Benzene Waste Operations NESHAP; Amendments 2060-AJ87
3456 SAN No. 4605 Propsed Amendments to Performance Standards and Monitoring Requirements for Paniculate
Matter at Stationary Sources 2060-AJ88
3457 SAN No. 4626 Control of Emissions from Spark Ignition Marine Vessels and Highway Motorcycles 2060-AJ90
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3458
3459
3460
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 3259 New Source Review (NSR) Improvement (Reg Plan Seq No. 139)
SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (Final) & Amend, to Ap-
pendix C of Part 63 & Appendix J of Part 60
2009-AA01
2060-AE11
2060-AE94
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62248
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3461 SAN No. 3549 NESHAP: Petroleum Refineries; Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Re-
covery Units 2060-AF28
3462 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
3463 SAN No. 3741 Service Information Regulation for Light-Duty Vehicles and Trucks 2060-AG13
3464 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
3465 SAN No. 3970 NESHAP: Cellulose Production Manufacturing 2060-AH11
3466 SAN No. 3986 Consolidated Emissions Reporting Rule 2060-AH25
3467 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3468 SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks 2060-AH55
3469 SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import &
Export 2060-AH67
3470 SAN No. 4114 NESHAP: Polyvinyl Chloride and Copolymers Production 2060-AH82
3471 SAN No. 4096 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the
Eastern United States 2060-AH87
3472 SAN No. 4082 NESHAP: Wet-Formed Fiberglass Mat Production 2060-AH89
3473 SAN No. 4077 Protection of Stratospheric Ozone: Reconsideration on the 610 Nonessential Products Ban 2060-AH99
3474 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate .. 2060-AI45
3475 SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 2060-AF01
3476 SAN No. 3340 NESHAP: Primary Copper Smelting : 2060-AE46
3477 SAN No. 3346 NESHAP: Integrated Iron and Steel 2060-AE48
3478 SAN No. 3326 NESHAP: Reinforced Plastic Composites Production 2060-AE79
3479 SAN No. 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63 2060-AF31
3480 SAN No. 3746 NESHAP: Paint Stripping Operations 2060-AG26
3481 SAN No. 3749 NESHAP: Tire Manufacturing 2060-AG29
3482 SAN No. 3823 NESHAP: Large Appliance (Surface Coating) 2060-AG54
3483 SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry 2060-AG97
3484 SAN No. 3964 NESHAP: Leather Finishing Operations 2060-AH17
3485 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-A103
3486 SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under
Section 608 2060-AF36
3487 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 2060-AF37
3488 SAN No. 3827 Paper and Other Web Coating NESHAP 2060-AG58
3489 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3490 SAN No. 4105 NESHAP: Generic MACT for Carbon Black, Ethylene, Cynaide and Spandex 2060-AH68
3491 SAN No. 4316 NESHAP for Ethylene Oxide Commercial Sterilization Operations-Monitoring Amendments 2060-AI64
3492 SAN No. 4313 Petitions to Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) from Section
112(b)(1)oftheCAA 2060-AI72
3493 SAN No. 4273 Amend Subpart H and I, 40 CFR Part 61, for Emissions of Radionuclides Other Than Radon From
DOE Facilities 2060-AI90
3494 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI94
3495 SAN No. 4449 NESHAP for Flexible Polyurethane Foam Fabrication Operations 2060-AJ19
3496 SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production
and Consumption 2060-AJ27
3497 SAN No. 4442 NESHAP for Source Categories: Phosphoric Acid Manufacturing and Phosphate Fertilizers Pro-
duction—Amendments 2060-AJ29
3498 SAN No. 4450 Guidelines for Best Available Retrofit Technology (BART) 2060-AJ31
3499 SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment 2060-AJ41
3500 SAN No. 4538 Revisions to the Part 97 Federal NOx Budget Trading Program, the Part 75 Emissions Monitoring
Provisions, the Part 72 Permits Regulation Provisions, and the Part 78 Appeal Procedures 2060-AJ43
3501 SAN No. 4454 Federal Plan for Small Municipal Waste Combustion Units 2060-AJ46
3502 SAN No. 4491 Section 126 Rule Revision Correcting NOx Allowance Allocations for Certain Units in the Federal
NOx Budget Trading Program 2060-AJ47
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62249
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3503
3504
3505
3506
3507
3508
3509
3510
3511
3512
SAN No. 4507 Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Large
Municipal Waste Combustors Amendment of Startup, Shutdown, and Malfunction Provisions
SAN No. 4508 Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage Vessels;
Amendments
SAN No. 4528 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline
SAN No. 4529 Change in the Definition of Major Source for Operating Permits
SAN No. 4554 Control of Hazardous Air Pollutants From Mobile Sources; Correction
SAN No. 4569 Control of Air Pollution from New Motor Vehicles; Second Amendment to the Tier 2/Gasoline Sul-
fur Regulations :
SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline
SAN No. 4548 Compilation of Source-Specific Alternative Methods Being Approved for Source-Category Wide
Application
SAN No. 4600 State and Federal Operating Permits Program: Removal of Amendments to Part 70 and Part 71
Compliance Certification Requirements
SAN No. 4278 Project XL Site-Specific Rulemaking for Andersen Corporation's Facility in Bayport, Minnesota
2060-AJ52
2060-AJ53
2060-AJ59
2060-AJ60
2060-AJ67
2060-AJ71
2060-AJ82
2060-AJ84
2060-AJ89
2090-AA21
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3513 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program 2060-AG92
3514 SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203) 2060-AH23
3515 SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country 2060-AH37
3516 SAN No. 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas 2060-AH53
3517 SAN No. 4070 General Conformity Regulations; Revisions 2060-AH93
3518 SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51) 2060-AI47
3519 SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 2060-AI49
3520 SAN No. 4162 NESHAP: Oil and Natural Gas Production 2060-A113
3521 SAN No. 2937 Field Citation Program 2020-AA32
3522 SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators 2060-AG31
3523 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3524 SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under the Significant New Alter-
natives Policy (SNAP) Program 2060-AG12
3525 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
3526 SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(3); Revisions to the List of Substances 2050-AE96
3527 SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Methyl
Bromide and Trade Ban With Non-Parties to the Montreal Protocol 2060-AI42
3528 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3529 SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island 2060-A180
3530 SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions from the District of Columbia,
Delaware, Maryland, and New Jersey 2060-AI99
3531 SAN No. 4391 Rescinding Rnding that Pre-existing PM10 Standards No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3532 SAN No. 4535 Protection of Stratospheric Ozone: Process for Exempting Critical and Emergency Uses of Methyl
Bromide 2060-AJ63
3533 SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand 2060-AJ78
3534 SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation's Facility in Big Island, Vir-
ginia 2090-AA26
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3535 SAN No. 3568 Environmental Radiation Protection Standards ior Yucca Mountain, Nevada 2060-AG14
3536 SAN No. 4123 NESHAP: Pulp and Paper Production; Amendments to the Promulgated Rule 2060-AH74
3537 SAN No. 3550 NESHAP: Manufacturing of Nutritional Yeast 2060-AF30
3538 SAN No. 3747 NESHAP: Boat Manufacturing 2060-AG27
3539 SAN No. 3903 NESHAP: Solvent Extraction for Vegetable Oil Production 2060-AH22
3540 SAN No. 4245 Consumer and Commercial Products: Flexible Package Printing Materials: Determination on Con-
trol Techniques Guidelines in Lieu of Regulation 2060-AI31
3541 SAN No. 4274 Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour
Standard Is No Longer Applicable (7 Areas) 2060-AI57
3542 SAN No. 4346 NESHAP: Lightweight Aggregate Manufacturing 2060-AI75
3543 SAN No. 4358 Regulation of Fuels and Fuel Additives: Reformulated Gasoline Adjustment 2060-AI98
3544 SAN No. 4413 NESHAP: Aluminum Die Casting and Aluminum Foundries 2060-AJ09
3545 SAN No. 4417 Removal of Aluminum Die Casting and Aluminum Foundries From the Secondary Aluminum
NESHAP and Applicability Stay for These Industries 2060-AJ11
3546 SAN No. 4410 Protection of Stratospheric Ozone Allocation of Essential-Use Allowances for Calendar Year 2001:
Laboratory Essential Use Exemptions 2060-AJ15
3547 SAN No. 4458 NESHAP for Pharmaceuticals Production: Direct Final Amendments 2060-AJ17
3548 SAN No. 4492 Revision to Interim Approval Requirements 2060-AJ48
3549 SAN No. 4506 Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Large
Municipal Waste Combustors Amendment of Mass Burn Rotary Waterwall Definition 2060-AJ51
3550 SAN No. 4510 Control of Air Pollution from New Motor Vehicles Amendments to the Tier 2/Gasoline Sulfur Regu-
lations 2060-AJ54
3551 SAN No. 4520 Petition by Colorado To Relax the Reid Vapor Pressure Standard for Gasoline for 2001 2060-AJ55
3552 SAN No. 4522 NESHAP: Amendments to Ferroalloys Production 2060-AJ56
3553 SAN No. 4544 NESHAP: Ferroalloy Production: Ferromanganese and Silicomanganese 2060-AJ64
3554 SAN No. 4557 Revision to the Requirements on Variability in the Composition of Additives Certified Under the
Gasoline Deposit Control Program; Direct Final and Proposed Rules 2060-AJ69
3555 SAN No. 4564 Prohibitions on Gasoline Containing Lead or Lead Additives for Highway Use: Fuel Inlet Restrictor
Exclusion for Motorcycles 2060-AJ76
3556 SAN No. 4517 Project XL Site-Specific Rulemaking for Weyerhaeuser Company Flint River Operations 2090-AA20
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3557
3558
3559
3560
SAN No. 3602 Protective Action Guidance for Drinking Water
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria
SAN No. 4582 Modification of 40 CFR Part 194, Appedix A, Waste Isolation Pilot Plant Certification
2060-AF39
2060-AH63
2060-AJ07
2060-AJ75
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3561
SAN No. 4610 Acceptability of Research Using Human Subjects (Reg Plan Seq No. 115) 2070-AD57
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
Title
Regulation
Identification
Number
3562
SAN No. 4143 Endocrine Disruptor Screening Program (Reg Plan Seq No. 131)
2070-AD26
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62251
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage (Continued)
Sequence
Number
3563
3564
3565
3566
3567
3568
3569
Title
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
fRea Plan Sea No. 1331
Regulation
Identification
Number
2070-AD29
2070-AD30
2070-AD36
2070-AD47
2070- ADS 1
2070-AD54
2070-AD56
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)—Final Rule Stage
Sequence
Number
3570
3571
3572
3573
3574
3575
3576
Title
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral
Plan Seq No. 143)
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and
SAN No. 3222 Groundwater and Pesticide Management Plan Rule (Reg Plan Seq No. 140)
Coat Proteins (Reg
SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products; Labeling and Other Regulatory
SAN No. 461 1 Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through
From Sexualiv Comestible Plants (Rea Plan Sea No. 144)
Genetic Engineering
Regulation
Identification
Number
2070-AD49
2020-AA33
2070-AB95
2070-AC46
2070-AC93
2070-AD14
2070-AD55
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
3577
3578
3579
Title
Regulation
Identification
Number
2070-AD23
2070-AD24
2070-AC02
2070-AC12
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3581
Title
Regulation
Identification
Number
2070-AD53
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3582
3584
3585
3586
Title
SAN No. 4512 Significant New Use Rule; Selected Flame Retardant Chemical Substances for Use in Residential
Uoholstered Furniture
Regulation
Identification
Number
2070-AB79
2070-AD28
2070-AD44
2070-AA58
2070-AD48
-------
62252
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3587
SAN No. 3557 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling (Reg Plan
SeqNo. 130)
2070-AC83
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3588
3589
3590
3591
3592
3593
3594
3595
3596
3597
3598
3599
3600
3601
3602
3603
Title
SAN No 3487 Test Rule- Hazardous Air Pollutants (HAPs)
SAN No. 4425 Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occu-
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section
SAN No. 4475 Significant New Use Rule; Certain Perfluoroalkyl Sulfonyl (Pfos) Containing Chemical Substances
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
SAN No. 2779 Acrylamide; Prohibition on Manufacture, Importation, Distribution and Use of Acrylamide for Grout-
SAN No 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No 3118 TSCA Section 8(e) Policy Notice of Clarification
SAN No. 4176 Chemical Right-to-Know Initiative; High Production Volume (HPV) Chemicals (Reg Plan Seq No.
142)
Regulation
Identification
Number
2070-AC61
2070-AB94
2070-AC76
2070-AD16
2070-AD42
2070-AA59
2070-AB27
2070-AD43
2070-AB20
2070-AC17
2070-AB08
2070-AB1 1
2070-AD31
2070-AC72
2070-AC80
2070-AD25
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—tong-Term Actions
Sequence
Number
3604
3605
3606
3607
3608
3609
3610
3611
3612
Sequence
Number
Title
SAN No. 2865 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
SAN No. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Completed Actions
Title
Regulation
Identification
Number
2070-AC27
2070-AD10
2070-AC21
2070-AC37
2070-AC51
2070-AD27
2070-AC84
2070-AC64
2070- AD52
Regulation
Identification
Number
2070-AD50
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62253
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
3615
3617
3618
Title
SAN No. 4265 TRl; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Ex-
SAN No. 4595 Rulemaking To Change Toxics Release Inventory (TRl) Reporting Requirements From Standard
SAN No. 4616 Clarify TRl Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
Regulation
Identification
Number
2025-AA03
2025- AA06
2025-AA08
2025-AA10
2025- AA1 1
2050-AE17
2050- AE43
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3621
SAN No. 2425 TRl; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory
2025-AAOO
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3624
Title
SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
Regulation
Identification
Number
2025-AA01
2025-AA09
2050-AE42
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
3625
Title
SAN No. 4094 Land Disposal Restrictions; Potential Revisions for
Mercury Listed and Characteristic Wastes
Regulation
Identification
Number
2050-AE54
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3626
3627
3628
3629
3630
3631
3632
3633
3634
3635
3636
SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods) •
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase II
Covering Boilers and Certain Industrial Furnaces
SAN No. 4084 Office of Solid Waste Burden Reduction Project (Reg Plan Seq No. 134}
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipes
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to Haz-
ardous Waste Regulations (Reg Plan Seq No. 135)
SAN No. 4230 Revisions to Solid Waste Landfill Criteria—Leachate Recirculation on Alternative Liners
SAN No. 4419 Amendments to the Corrective Action Management Unit Rule
SAN No. 4411 Regulation of Oil Bearing Wastes From Petroleum Refineries Gasified To Produce Synthesis Gas
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
SAN No. 4575 Municipal Solid Waste Landfill Location Restrictions for Airport Safety
2050-AE41
2050-AE44
2050-AE01
2050-AE50
2050-AE51
2050
2050
2050
2050
2050
2050
-AE52
•AE67
•AE77
•AE78
•AE84
•AE91
-------
62254
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3637 SAN No. 4588 Research, Development, and Demonstration Permits for Municipal Solid Waste Landfill 2050-AE92
3638 SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development 2050-AE93
3639 SAN No. 4534 Project XL Site-Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, Mary-
land 2090-AA25
3640 SAN No. 4608 Project XL Site-Specific Rulemaking for Implementing Waste Treatment Systems at Two Virginia
Landfills 2090-AA30
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
Regulation
Sequence Titie Identification
Number Number
3641 SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste 2050-AE32
3642 SAN No. 4083 Listing of Hazardous Waste; Inorganic Chemical Wastes; Land Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazardous Substances Reportable Quantities 2050-AE49
3643 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials 2050-AE23
3644 SAN No. 4208 Requirements for Zinc Fertilizer Made From Recycled Hazardous Secondary Materials (Reg Plan
SeqNo. 145) 2050-AE69
3645 SAN No. 4418 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors 2050-AE79
3646 SAN No. 4566 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors - Parallel
Proposed Rule 2050-AE90
3647 SAN No. 4615 Definition of Solid Waste; Codification of Mineral Processing Vacature (Classification of Battery
Recyclers v. EPA) and Discussion of Future Proposed Rulemaking 2050-AE94
3648 SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit 2090-AA14
3649 SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York | 209Q-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
Regulation
Sequence Tjtie Identification
Number Number
3650 SAN No. 3856 Management of Cement Kiln Dust (CKD) 2050-AE34
3651 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-AD69
3652 SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and
Triaryl methane Dyes and Pigments 2050-AD80
3653 SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision) 2050-AC71
3654 SAN No. 3147 Hazardous Waste Manifest Regulation 2050-AE21
3655 SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Re-
duction (K088) and Regulatory Classification of K088 Vitrification Units 2050-AE65
3656 SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 2050-AE81
3657 SAN No 4469 Standards for the Management of Coal Combustion Wastes - Non-Power Producers and
Minefilling 2050-AE83
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62255
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3658
3659
3660
3661
3662
3663
3664
3665
3666
3667
3668
3669
3670
3671
3672
3673
Title
SAN No. 3428 Hazardous Waste Management System: Slag Residues Derived From High Temperature Metals
Recovery (HTMR) Treatment of KO61, KO62 and F0006 Wastes
SAN No. 3888 Mercury-Containing and Rechargeable Battery Management Act; Codification of Waste Manage-
SAN No. 4088 Recycled Used Oil Containing PCBs
SAN No. 4090 RCRA Appendix VIII Streamlining
SAN No. 2390 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management
SAN No. 4430 RCRA Controls for Wastewater Treatment Units
SAN No. 4525 Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal
SAN No 4552 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
SAN No. 4437 Project XL Site-Specific Rulemaking for the US Filter Recovery Services, Roseville, Minnesota,
Regulation
Identification
Number
2050-AE15
2050-AE28
2050-AE39
2050-AE45
2050-AE47
2050-AE55
2050-AB80
2050-AE07
2050-AE53
2050-AE68
2050-AE82
2050-AE86
2050-AE89
2090-AA1 5
2090- AA1 8
2090- AA 19
OIL POLLUTION ACT (OPA)—Final Rule Stage
Sequence
Number
3674
TitJe
Regulation
Identification
Number
2050-AC62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3675
3676
3677
Title
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Regulation
Identification
Number
2050-AE12
2050-AD75
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3678 SAN No. 3929 Final Rule to Correct Typographical Errors and Remove Obsolete Language in 40 CFR Part 302 .. 2050-AE88
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions
Sequence
Number
3679
3680
Title
SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Aaainst Suoerfund
Regulation
Identification
Number
2050-AB82
2050-AE38
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62256
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Unified Agenda
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
(Continued)
Sequence
Number
3681
Title
Regulation
Identification
Number
2050-AE63
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3682
3683
3684
3685
3686
3687
3688
3689
3690
3691
3692
3693
3694
3695
Title
SAN No. 4280 Effluent Guidelines and Standards for the Construction and Development Industry (Reg Plan Seq
SAN No. 4474 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary Sewer Collection Systems, Municipal Satellite
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
SAN No. 4541 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Revisions to Method
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
Regulation
Identification
Number
2040-AD42
2040- AD55
2040-AD56
2040-AD35
2040-AD52
2040-AD62
2040-AD02
2040-AD44
2040-AD60
2040-AD68
2040-AD71
2040- AD72
2040-AD78
2050-AE87
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3696
3697
3698
3699
3700
3701
3702
3703
3704
3705
3706
3707
3708
3709
SAN No. 3833 Effluent Guidelines and Standards for the Iron and Steel Manufacturing Point Source Category
(Revisions) '
SAN No. 4192 Effluent Guidelines and Standards for the Bleached Papergrade Kraft Subcategory of the Pulp,
Paper, and Paperboard Category; Certification in Lieu of Monitoring for Chloroform
SAN No. 4168 Effluent Guidelines and Standards for the Coal Mining Point Source Category (Revisions)
SAN No. 3155 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under
the Clean Water Act, Phase One
SAN No. 4047 Test Procedures for Analysis for Biological Contaminants Under Clean Water Act
SAN No. 4089 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under
the Clean Water Act, Phase Two
SAN No. 4409 Test Procedures: Clean Water Act and Safe Drinking Water Act Methods Update
SAN No. 3444 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at New Facilities
Under Section 316(b) of the Clean Water Act, Phase 1
SAN No. 4617 Total Maximum Daily Load (TMDL) Program Regulations Revisions
SAN No. 3288 Comparison of Dredged Material to Reference Sediment
SAN No. 4375 Revision to Clean Water Act Regulatory Definition of "Fill Material"
SAN No. 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge
SAN No. 4515 Procedures for Tribes to Obtain Approval for Treatment as a State To Receive Funding for the
Beaches Program
SAN No. 4514 Rule To Revise and To Ratify or Withdraw Whole Effluent Toxicity Test Methods
2040-AC90
2040-AD23
2040-AD24
2040-AC95
2040-AD08
2040-AD12
2040-AD59
2040-AC34
2040-AD79
2040-AC14
2040-AD51
2040-AC25
2040-AD69
2040-AD73
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62257
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3710 SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and
2 2040-AB79
3711 SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category, Phase II 2040-AD10
3712 SAN No. 4153 National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guide-
lines and Standards for Concentrated Animal Feeding Operations (CAFOs) 2040-AD19
3713 SAN No. 4370 Effluent Guidelines and Standards for the Dissolving Kraft and Dissolving Sulfite Subcategories of
the Pulp, Paper, and Paperboard Point Source Category (Phase III) 2040-AD49
3714 SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container and Drum Cleaning Point Source
Category 2040-AD57
3715 SAN No. 3662 Water Quality Standards Regulation — Revision 2040-AC56
3716 SAN No. 4344 Water Quality Standards for Indian Country Waters 2040-AD46
3717 SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act 2040-AC75
3718 SAN No. 3714 Increased Method Flexibility for Test Procedures Approved for Clean Water Act Compliance Moni-
toring 2040-AC92
3719 SAN No. 3713 Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures 2040-AC93
3720 SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act 2040-AD09
3721 SAN No. 4378 Revisions to Method Detection and Quantification for Use Under the Clean Water Act and Safe
Drinking Water Act 2040-AD53
3722 SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II 2040-AD39
3723 SAN No. 4543 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act, Phase 3 2040-AD70
3724 SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution 2040-AC58
3725 SAN No. 3786 NPDES Streamlining Rule — Round III 2040-AC84
3726 SAN No. 2804 Clean Water Act Definition of Waters of the United States 2040-AB74
CLEAN WATER ACT (CWA)—Completed Actions
Sequence _.. Regulation
Number T™e Identification
Number
3727 SAN No. 4214 Test Procedures for the Analysis of E. Coli and Enterococci Under the Clean Water Act 2040-AD34
3728 SAN No. 3234 Revision of NPDES Industrial Permit Application Requirements and Form 2C—Wastewater Dis-
charge Information 2040-AC26
3729 SAN No. 4581 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Revisions to Method
1631) 2040-AD74
3730 SAN No. 4476 Pretreatment Program Reinvention Pilot Projects Under Project XL 2090-AA16
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence _, *e^.latl(?n
Number Tltle Identification
Number
3731 SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Con-
taminant Candidate List 2040-AD61
3732 SAN No. 4424 6-Year Review of Existing National Primary Drinking Water Regulations (Reg Plan Seq No. 116) 2040-AD67
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
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62258
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3733 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
I Regulation
Sequence Title Identification
Number Number
3734 SAN No. 2281 National Primary Drinking Water Regulations: Radon (Reg Plan Seq No. 146) 2040-AA94
3735 SAN No. 2807 National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New
Source Contaminant Monitoring (Reg Plan Seq No. 147) 2040-AB75
3736 SAN No 4147 National Primary Drinking Water Regulations: Long Term 1 Enhanced Surface Water Treatment
Rule ..: 2040-AD18
3737 SAN No. 4451 Underground Injection Control Class V Phase 2 Revisions 2040-AD63
3738 SAN No. 4561 Minor Revisions to the Public Notification Rule and the Consumer Confidence Report Rule | 2040-AD77
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
I " Regulation
Sequence Title Identification
Number Number
3739 SAN No. 4212 Use of Screening Methods for Compliance Monitoring of Drinking Water Contaminants 2040-AD31
3740 SAN No. 2340 National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
3741 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13
3742 SAN No 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule 2040-AD37
3743 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule .. 2040-AD38
3744 SAN No. 4369 Regulated Drinking Water Contaminant Occurrence Reporting 2040-AD48
3745 SAN No. 4236 Update of State Underground Injection Control Programs 204Q-AD40
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
I ~ ~ Regulation
Sequence Title Identification
Number Number
3746 SAN No. 3176 National Primary Drinking Water Regulations: Sulfate 2040-AC07
3747 SAN No. 4146 National Primary Drinking Water Regulations: Filter Backwash Recycling Rule 2040-AD65
3748 SAN No. 4560 Unregulated Contaminant Monitoring Regulation for Public Water Systems; Amendment to the List
2 Rule and Partial Delay of Reporting of Monitoring Results 2040-AD75
SHORE PROTECTION ACT (SPA)—Final Rule Stage
j " Regulation
Sequence Title Identification
Number Number
3749 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations 2040-AB85
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Federal Register/Vol. 66. No. 232/Monday, December 3, 2001/Unified Agenda
62259
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3334. 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(fJ; 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
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:
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 260-8886
Fax: 202 401-1080
David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202 564-4444
Fax: 202 501-0756
RIN: 2020-AA39
3335. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1552
Legal Deadline: None
Abstract: This rule will revise EPAAR
1552.211-73, Level of Effort, to define
more concisely the services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/02
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Action
Date
PR Cite Additional Information: SAN No. 4191
NPRM
Final Action
02/00/02
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2552
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3336. 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
12/00/01
09/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4319
Sectors Affected: 5413 Architectural,
Engineering and Related Services; 5416
Management, Scientific and Technical
Consulting Services; 54162
Environmental Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4377
Fax: 202 565-2552
Email: humphries.daniel@epa.gov
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EPA—General
Proposed Rule Stage
Gal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epa.gov
RIN: 2030-AA67
3337. 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 PR Cite
NPRM
Final Action
03/00/02
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3580
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RiN: 2030-AA37
3338. INCREMENTALLY FUNDING
FIXED PRICE CONTRACTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1532
Legal Deadline: None
Abstract: This proposed rule will add
subpart 1532.7, Contract Funding, to
the Environmental Protection Agency's
Acquisition Regulation [EPAAR}. It also
will revise part 1552 of the EPAAR to
include a clause for incrementally
funding fixed price contracts.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Final Action 03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3876
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4377
Fax: 202 565-2552
Email: humphries.daniel@epa.gov
RIN: 2030-AA50
3339. IMPLEMENTATION OF
CHANGES TO GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
COMMON RULE
Priority: Substantive, Nonsignificant
Legal Authority: EO 12549; EO 12689
and FASA
CFR Citation: 40 CFR 32
Legal Deadline: None
Abstract: Periodically OMB amends the
Governmentwide common rule for
suspension and debarment of
contractors and assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the common rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the common rule to conform
to changes made in the Federal
Acquisition Regulation (FAR) as a
result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those occasioned by FASA.
Among other things, FASA replaced the
small purchase threshold ($25,000)
with the simplified acquisition amount
($100,000). That change unintentionally
exposed certain EPA programs to
participation by contractors who may
have been debarred for serious
misconduct already. OMB has agreed to
permit agencies to amend the coverage
section of their individual agency rules
to reduce or eliminate exposure to
suspended or debarred persons.
EPA intends to issue a notice of
proposed rulemaking to amend 40 CFR
32.110 to reduce EPA exposure to such
consequences.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3817
This is an assistance-related statutory
requirement. There is no paperwork
burden associated with this action.
Agency Contact: Robert Meunier,
Environmental Protection Agency,
Administration and Resources
Management, 3901R, Washington, DC
20460
Phone: 202 564-5399
Fax: 202 565-2469
RIN: 2030-AA48
3340. ENVIRONMENTAL IMPACT
ASSESSMENT OF
NONGOVERNMENTAL ACTIVITIES IN
ANTARCTICA
Priority: Other Significant
Legal Authority: 16 USC 2401 et seq,
as amended; 16 USC 2403(a); PL 104-
227
CFR Citation: 40 CFR 8
Legal Deadline: Final, Statutory,
October 2, 1998, The Interim Final Rule
effective 7/14/98 through the year 2000-
2001 austral summer.
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EPA—General
Proposed Rule Stage
Abstract: The purpose of this action is
to develop regulations for: (1) the
environmental impact assessment of
nongovernmental activities, including
tourism, for which the United States is
required to give advance notice under
paragraph 5 of Article VT[ of the
Antarctic Treaty and (2) coordination
of the review of information regarding
environmental impact assessment
received by the United States from
other parties under the Protocol on
Environmental Protection. The Office of
Federal Activities (OECA/OFA) will use
the decisionmaking process of the
National Environmental Policy Act
(NEPA) to analyze the environmental
setting; the types of nongovernmental
activities, including tourism, to be
addressed by the regulations; their
potential for impact; and the
alternatives available under rulemaking
for environmental impact assessments
for nongovernmental activities. An
interim final rule, 40 CFR part 8,
promulgated April 30, 1997, and on
July 15, 1998 extended through the
2000-2001 austral summer, will be
replaced by a final rule. The interim
final rule was effective immediately so
that the U.S. could ratify the Protocol
and implement its obligations under
the Protocol as soon as it entered into
force. These rules are being developed
in coordination with other Federal
agencies with specific interests in and
expertise with Antarctica including the
Department of State, National Science
Foundation, National Oceanic and
Atmospheric Administration, U.S.
Coast Guard, Marine Mammal
Commission, Department of Justice, and
the Council on Environmental Quality.
Timetable:
Action
Date
FR Cite
Interim Final Rule 04/30/97 62 FR 23538
Extend Effectve Date 04/15/98 63 FR 18352
Interim Rule
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
IMPACT/1997/April/Day-
30/ill075.htm Extend Effectve Date-
http://www.epa.gov/fedrgstr/EPA-
IMPACT/1998/April/Day-
15/il0007.htm
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
{Catherine Biggs, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7144
Fax: 202 564-0072
Email: biggs.katherine@epa.gov
RIN: 2020-AA34
3341. PROPOSED REVISION TO ERA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for:
Congressionally funded special
appropriation projects and EPA-funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date
FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: No
Additional Information: SAN No. 3933 Small Entities Affected: No
Legal Description: The Interim Final
Rule, effective 7/14/98, through the
year 2000-2001 austral summer.,
Interim Final Rule-
http://www.epa.gov/fedrgstr/EPA-
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Marguerite Duffy, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7148
RIN: 2020-AA42
3342. • REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c]to
136a[d); 7 USC 136b(d]to 136b[f); 7
USC 136d[b]to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the Rules of
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 19 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
Action
Date
FR Cite
NPRM Rules of 06/00/02
Practice Governing
Pesticide
Cancellation
Hearings, Etc.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
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EPA—General
Proposed Rule Stage
Timetable:
Government Levels Affected: None
Additional Information: SAN No. 4618 Action
Sectors Affected: ill Crop Production;
112 Animal Production; 32532
Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epa.gov
Kevin Lee, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A
Phone: 202 564-5375
Fax: 202 564-5644
Email: lee.kevin@epa.gov
RIN: 2020-AA44
Date
FR Cite
3343. 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 what changes
are needed to make the regulations as
efficient and effective as possible.
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.
NPRM/CBIRegs 11/23/94 59 FR 60446
Proposal to revise
EPA's CBI
regulations
Final/CBI Substant. 12/00/01
Final rule to
eliminate special
treatment of
substantiations
NPRM/CBI Regs To Be Determined
Proposal to revise
CBI regs--40 CFR
Part 2, Subpart B
Final Rule/CBI Regs To Be Determined
Final rule revising
CBI regs--40 CFR
Part 2, Subpart B
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240
Fomerly listed as RIN 2020-AA21.
Agency Contact: Alan Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-9329
Fax: 202 401-4544
Email: margolis.alan@epa.gov
Rebecca Moser, Environmental
Protection Agency, Office of
Environmental Information, 2822,
Washington, DC 20460
Phone: 202 260-6780
Fax: 202 260-8550
Email: moser.rebecca@epa.gov
RIN: 2025-AA02
3344. PERSISTENT,
BIG-ACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has developed
National Action Plans under a national
strategy to overcome the remaining
challenges in addressing 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 committing, through this
strategy, to create an enduring cross-
office system that will address the
cross-media issues associated with
priority PBT pollutants. This strategy
fortifies existing EPA commitments
related to priority PBTs, such as the
1997 Canada/U.S. Binational Toxics
Strategy (BNS), the North American
Agreement on Environmental
Cooperation, and the recently released
Clean Water Action Plan. 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 carrying out this
strategy through the implementation of
National Action Plans for Priority PBT
Pollutants. EPA is initially focusing
action on 12 BNS Level 1 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 its tools to prevent
and reduce releases of these substances.
These tools include international,
voluntary, regulatory, programmatic,
remedial, compliance monitoring and
assistance, enforcement, research, and
outreach 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.
Timetable:
Action
Date
FR Cite
Notice Multimedia 11/17/98 63 FR 63926
Strategy for PBTs
Notice Draft National 09/16/99 64 FR 50284
Action Plan for
Mercury
Notice Proposed 08/25/00 65 FR 51823
National Action Plan
forAlkyl-lead
Notice Proposed 08/25/00 65 FR 51825
National Action Plan
for
Octachlorostyrene
(OCS)
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62263
EPA—General
Proposed Rule Stage
Action
Date FR Cite
11/01/00 65FR65314
12/08/00 65 FR 77026
Notice Draft Action
Plan for Level 1
Pesticides
Notice Draft Action
Plan tor
Hexachlorobezene
(HCB)
Notice Draft Action 12/00/01
Plan for
Benzo(a)pyrene
(B(a)P)
Notice Final Action 12/00/01
Plan for Mercury
Notice Rnal Action 12/00/01
Plan for Alkyl-lead
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4463
Agency Contact: Tom Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409, Washington,
DC 20460
Phone: 202 260-1876
Fax: 202 260-0178
Email: murray.tom-hq@epa.gov
Paul Matthai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7409,
Washington, DC 20460
Phone: 202 260-3385
Fax: 202 260-0178
Email: matthai.paul@epa.gov
RIN: 2070-AD45
3345. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
ACHIEVEMENT TRACK PROGRAM
Regulatory Plan: This entry is Seq. No.
117 in part II of this issue of the
Federal Register.
RIN: 2090-AA13
3346. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of the NASA
WSTF Electronic Reporting site specific
rule is to enable the NASA White
Sands Test Facility to electronically
submit compliance reports and permit
information to the New Mexico
Environmental Department (NMED) in
lieu of submitting paper reports. The
rule will set forth guidelines to ensure
that the information submitted by
NASA WSTF to NMED is accurate by
outlining procedures for data
authentication, use of electronic
signature and encryption processes.
Timetable:
Action
Date FR Cite
10/31/01 66 FR 55050
11/30/01
NPRM
NPRM Comment
Period End
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536
Agency Contact: John DuPree,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4468
Fax: 202 260-3125
Email: dupree.john@epa.gov
RIN: 2090-AA27
3347. NEW JERSEY GOLD TRACK
PROJECT XL RULE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Gold Track Program is
a crucial part of NJDEP's efforts to
create a State-run tiered performance-
based program. Currently, facilities may
join NJDEP's Silver Track Program,
which is a lower-level tier that provides
recognition for commitments to a
certain level of environmental
enhancement. Gold Track expands
upon these environmental
commitments, and offers proportionally
greater recognition, as well as actual
federal regulatory flexibility to
participating facilities. NJDEP is
partnering with EPA in the Gold Track
effort under the XL program, so as to
be able to offer federal regulatory
flexibility to Gold Track participants.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 4533
Was formerly RIN 2002-AAOO.
Agency Contact: Ghad Carbone,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4296
Fax: 202 260-1812
Email: carbone.chad@epa.gov
Aleksandra Dobkowski-Joy,
Environmental Protection Agency,
Office of the Administrator
Phone: 212 637-3676
Email: dobkowski.aleksandra@epa.gov
RIN: 2090-AA28
Environmental Protection Agency (EPA)
General
Final Rule Stage
3348. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Other Significant
Legal Authority: 5 USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will amend the EPA
Acquisition Regulation (EFAARJ to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
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EPA—General
Final Rule Stage
specific geographical locations where
contractual requirements will be
performed. This incentive will support
economic development in areas where
EPA contracts are performed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/09/98 63 FR 67845
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4187
NPRM-
http://www.epa.gov/fedrgstr/EPA-
GENERAL/1998/December/Day-
09/g32683.htm
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
BIN: 2030-AA62
3349. NONDISCRIMINATION ON THE
BASIS OF RACE, COLOR, NATIONAL
ORIGIN, HANDICAP, AND AGE IN
PROGRAMS AND ACTIVITIES
RECEIVING FEDERAL FINANCIAL
ASSISTANCE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 794; 42 USC
2000d to 2000d-7; 42 USC 6101 to
6107; EO 12250
CFR Citation: 28 CFR 42.101 to 42.112;
28 CFR 42.501 to 42.540; 28 CFR
42.700 to 42.736
Legal Deadline: None
Abstract: The Department of Justice
proposes to make amendments to its
regulations implementing title VI of the
Civil Rights Act of 1964 (title VI),
section 504 of the Rehabilitation Act
of 1972 (section 504), and the Age
Discrimination Act of 1975 (Age
Discrimination Act). Together, these
statutes prohibit discrimination on the
basis of race, color, national origin,
disability, and age in programs or
activities that receive Federal financial
assistance. In 1988, the Civil Rights
Restoration Act (CRRA) added
definitions of program or activity and
program to title VI and added a
definition of program or activity to
section 504 and the Age Discrimination
Act. The added definitions were
designed to clarify the broad scope of
coverage of recipients' programs or
activities under these statutes. The
promulgation of this proposed
regulation explicitly incorporates the
CRRA's definition of program or
activity and program into the
Department's title VI, section 504, and
Age Discrimination Act regulations.
The Department's proposed regulation
will be published as part of a joint
Notice of Proposed Rulemaking
involving up to 24 Federal agencies.
Timetable:
Action
Date FR Cite
12/06/00 65 FR 76460
01/05/01
NPRM
NPRM Comment
Period End
Final Action 12/00/01
Final Action Effective 01 /00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4021
Agency Contact: Ann Go ode,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1201, Washington, DC
20460
Phone: 202 564-7272
RIN: 2020-AA36
3350. REWRITING OF EPA
REGULATIONS IMPLEMENTING THE
FREEDOM OF INFORMATION ACT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 552
CFR Citation: 40 CFR 2
Legal Deadline: None
Abstract: This document proposes
revisions to EPA's regulations under
the Freedom of Information Act (FOIA).
The FOIA regulations have been
streamlined and written in plain
English wherever possible. These
revisions reflect the principles
established by President Clinton and
Attorney General Reno in their FOIA
Policy Memoranda of October 4, 1993.
They also reflect developments in the
case law and include updated cost
figures for calculating and charging
fees. In addition, the proposed
revisions include provisions
implementing the Electronic Freedom
of Information Act Amendments of
1996. These revisions will simplify and
expedite responses to FOIA requests.
Timetable:
Action
Date FR Cite
NPRM Revised 04/12/00 65 FR 19703
Freedom of
Information Act
Regulations
Final Action Revised 12/00/01
Freedom of
Information Act
Regulations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4180
Fomerly listed as RIN 2020-AA40.
Agency Contact: Alan D. Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-9329
Fax: 202 401-1490
Email: margolis.alan@epa.gov
RIN: 2025-AA04
3351. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Regulatory Plan: This entry is Seq. No.
148 in part II of this issue of the
Federal Register.
RIN: 2025-AA07
3352. ELECTRONIC FUNDS
TRANSFER
Priority: Other Significant
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1532.11
Legal Deadline: None
Abstract: This rule complies with the
revised Federal Acquisition Regulations
(FAR) coverage regarding
implementation of the Debt Collection
Improvement Act. Because the revised
FAR offers choices in implementation,
each agency must communicate with its
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62265
EPA—General
Final Rule Stage
vendor community its choices. This
rule will let our vendor community
know that EPA will require the use of
FAR Clause 52.232-34, Payment by
Electronic Funds Transfer (Non-CCR),
as prescribed in FAR 32.1105(a)(2).
Within the clause, under (c) the
payment office shall be inserted as the
prescribed designated office. Further
inserted shall be that the required EFT
information shall be provided no later
than 15 days prior to submission of the
first request for payment.
Timetable:
Action
Date
FR Cite
Final Action
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4185
Agency Contact: Calvin McWhirter,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.calvin@epa.gov
RIN: 2030-AA57
3353. NOTICE TO PROCEED
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency CEP A) is amending
the EPA Acquisition Regulations
(EPAAR) to include a clause concerning
the issuance of warrants for on-scene
coordinators. The intent is to allow
program officials with remedial type
requirements to receive on-scene
coordinator warrants so that they can
issue letter contracts.
Timetable:
Action
Date FR Cite
Interim Final Rule
Final Action
03/01/01 66 FR 12897
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4351
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2552
Email: wyborski.lany@epamail.epa.gov
RIN: 2030-AA68
3354. ADMINISTRATIVE
CORRECTIONS TO EPAAR 1515,
CONTRACTING BY NEGOTIATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Administrative corrections
will be made to EPAAR 1515 for
clarification purposes.
Timetable:
Action
Date
FR Cite
Direct Rnal Rule
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4400
Agency Contact: Leigh Fomponio,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4364
Fax: 202 565-2475
Email:
pomponio.leigh@epamial.epa.gov
RIN: 2030-AA73
Environmental Protection Agency (EPA)
General
Long-Term Actions
3355. CONSOLIDATION OF GOOD
LABORATORY PRACTICE
STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND
FIFRA INTO ONE RULE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2601 et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 160; 40 CFR 792
Legal Deadline: None
Abstract: On November 29, 1983, EPA
published Good Laboratory Practice
Standards (GLPS) regulations intended
to help ensure data integrity for studies
required to support marketing and
research permits under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Toxic Substances
Control Act (TSCA). These rules were
last amended on August 17,1989.
GLPS data integrity measures can be
applied to a wide variety of scientific
studies. Although the TSCA and FIFRA
GLPS contain identical provisions, they
were published as separate rules to
account for statutory and program
differences between TSCA and FIFRA,
such as differences in records retention
requirements. EPA believes it will be
able to address the differences between
TSCA and FIFRA, such as differences
in records retention requirements. EPA
believes it will be able to address the
differences of those programs without
duplicating the entire GLP standard in
two places.
This action is intended to consolidate
EPA's GLPS into one rule. Program-
specific requirements will be addressed
in either separate sections of the
consolidated rule, or in separate rules
as is determined appropriate. This
action is not intended to change the
requirements, applicability, or
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—General
Long-Term Actions
enforceability of GLPS with respect to
any statute.
EPA has received comments from
stakeholders regarding the
understandability of many aspects of
the GLPS, and over the years has issued
numerous clarifications. EPA believes
that some clarifications, if included
directly in the rule, would make the
rule easier to understand and enhance
compliance. Therefore, EPA intends to
include such clarifications where
appropriate in this rulemaking. Finally,
in the interest of maintaining
consistency between EPA's and Food
and Drug Administration's regulations,
EPA will determine any modifications
that have occurred to the FDA GLP rule
and consider incorporation of such
changes into the EPA rule. This action
will serve to reduce the total regulatory
text in the Code of Federal Regulations
by an estimated 10 pages, by
consolidating 23 pages of text to
approximately 13. In the process it will
provide a generic GLP rule that may
be used by other programs in the
Agency.
Timetable:
Action
NPRM
NPRM
Final Action
Date
01/22/99
12/29/99
To Be
FR Cite
64 FR 3456
64 FR 72972
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3807
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA26
3356. • FELLOWSHIP GRANT
REGULATION REVISION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 46
Legal Deadline: None
Abstract: The Fellowship Rule (part
46] establishes the requirements
applicable to granting all EPA
fellowships. It supplements 40 CFR
part 30, "Uniform Administrative
Requirements for Grants and
Agreements with Institutions of Higher
Education, Hospitals, and Other Non-
Profit Organizations." The rule requires
submission of data to the Agency,
however, a new ICR is not required.
The rule is already cleared under
current ICR approval.
Timetable:
Action
Date
FR Cite
Interim Final Rule 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4572
Agency Contact: W. Scott McMoran,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5376
Fax: 202 565-2468
Email: mcmoran.scott@epa.gov
Suzie Kocchi, Environmental Protection
Agency, Administration and Resources
Management, 3903R
Phone: 202 564-5289
Fax: 202 565-2470
Email: kocchi.suzanne@epa.gov
RIN: 2030-AA77
3357. • EMPOWERMENT THROUGH
DELEGATIONS OF AUTHORITY AND
MISCELLANEOUS AMENDMENTS
Priority: Info./Admin./Other
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1501; 48 CFR
1502; 48 CFR 1515; 48 CFR 1517; 48
CFR 1536; 48 CFR 1552
Legal Deadline: None
Abstract: This action is being taken to
redelegate select contracting authorities
to a lower level. This will eliminate
additional reviews and speed delivery
of contracting actions to customers.
Timetable:
Action
Date
FR Cite
Final Action 11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4589
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2552
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA78
3358. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency will use these
guidelines to evaluate suspect
carcinogens in line with the policies
and procedures established in the
statutes administered by the EPA.
These guidelines revise and replace
EPA Guidelines for Carcinogen Risk
Assessment published at 51 FR 33992,
September 24, 1986. These guidelines
provide EPA staff and decision-makers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decision-making. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
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62267
EPA—General
Long-Term Actions
Timetable:
Action
CFR Citation: Not Yet Determined Action Date FR Cite
Date FR Cite Lega| Deadline: None
Final Public To Be Determined
Reproposed 04/23/96 61 FR 17960
Guidelines
Implementation Policy 06/25/96 61 FR 32799
Final Guidelines To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564-3358
R1N: 2080-AA06
3359. EPA DRAFT AGENCYWIDE
PUBLIC INVOLVEMENT POLICY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
Abstract: The Environmental
Protection Agency is revising its 1981
Public Participation Policy. The revised
policy is being issued as the Draft 2000
Public Involvement Policy for 120-day
public comment. The Draft Policy was
updated to reflect changes over the past
nineteen years such as additional
Agency responsibilities, new
regulations, expanded public
involvement techniques, and the
changed nature of public access due to
the Internet. The Policy will provide
guidance and direction to EPA officials
on reasonable and effective means to
involve the public in its regulatory and
program decisions.
Timetable:
Action
Date
FR Cite
Draft Public 12/28/00 65 FR 82335
Involvement Policy
Involvement Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4530
Agency Contact: Patricia Bonner,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-0599
Fax: 202 260-4903
Email: bonner.patricia@epa.gov
Lisa Kahn, Environmental Protection
Agency, Office of the Administrator,
1807
Phone: 202 260-4545
Fax: 202 260-4903
Email: kahn.lisa@epa.gov
RIN: 2090-AA23
Environmental Protection Agency (EPA)
General
Completed Actions
3360. INCORPORATING INFORMAL
CLAUSES (EP) INTO THE EPAAR
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Action
05/24/01 66 FR 28673
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Paul Schaffer
Phone: 202 564-4366
Fax: 202 565-2551
Email: schaffer.paul@epa.gov
RIN: 2030-AA66
3361. NEW JERSEY GOLD TRACK
PROJECT XL RULE
Timetable:
Action
Date
FR Cite
Transferred to RIN
2090-AA28
RIN: 2002-AAOO
08/17/01
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3362. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
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:
Priority: Substantive, Nonsignificant Action
Legal Authority: 42 USC 7541; 42 USC
7601
Date
FR Cite
NPRM 02/00/02
Final Action 11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3263
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20
3363. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511[a)(2)(b);
42 USC 7511(a)(2)[b](2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date PR Cite
NPRM
Final Action
01/00/02
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3262
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax; 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE22
3364. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Regulatory Plan: This entry is Seq. No.
119 in part II of this issue of the
Federal Register.
RIN: 2060-AF34
3365. OPERATING PERMITS:
REVISIONS (PART 70)
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2060-AF70
3366. 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.
This amendment will improve the
precision of Method 24 for water-based
coatings.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/02
03/00/03
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, MD-19, Washington, DC
20460
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
RIN: 2060-AF72
3367. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register.
RIN: 2060-AG52
3368. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants [HAP] by
establishing maximum achievable
control technology (MACTJ for
municipal solid waste landfills.
Timetable:
Action
Date
FR Cite
NPRM 11/07/00 65 FR 66672
Supplemental NPRM 12/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3969
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Michele Laur,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13
3369. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA sec 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
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62269
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Fax: 734 214-4531
Email: voss.laura@epa.gov
RIN: 2060-AH31
3370. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USG 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
PR Cite
NPRM 12/00/01
Final Action 03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3910
Agency Contact: David Goodi,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4480
RIN: 2060-AH34
3371. RULEMAKING TO MODIFY THE
LIST OF SOURCE CATEGORIES
FROM WHICH FUGITIVE EMISSIONS
ARE CONSIDERED IN MAJOR
SOURCE DETERMINATIONS
Priority: Substantive, Nonsignificant
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7602 CAA sec
302[j)
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This rulemaking will modify
the list of source categories for which
fugitive emissions are to be considered
in major source determinations under
the New Source Review (Prevention of
Significant Deterioration and
Nonattainment New Source Review)
and title V programs. As provided by
section 302(j) of the Act, EPA adopted
rules on August 7, 1980 that require,
for specific source categories, the
inclusion of fugitive emissions when
determining if a stationary source is a
major source. In its 1980 rulemaking,
EPA identified one such specific source
category as those stationary source
categories being regulated, as of August
7, 1980, under section 111 or 112 of
the Clean Air Act. Moreover, EPA
indicated that at the time of any future
rulemaking proposing to regulate
additional categories of sources under
section 111 or 112, the EPA would
conduct a parallel rulemaking under
section 302(j) to determine whether
fugitive emissions from sources within
these source categories needed to be
considered in determining whether the
sources were major stationary sources.
EPA did not conduct these parallel
rulemakings as intended and is now
conducting a rulemaking pursuant to
section 302(j) to address the source
categories which became subject to
section 111 and 112 standards after
August 7, 1980.
Timetable:
Action
NPRM
Final Action
Date
06/00/02
06/00/03
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4045
Agency Contact: Joanna Swanson,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5282
Fax: 919 541-5509
Email: swanson.joanna@epa.gov
RIN: 2060-AH58
3372. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
Section 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Fumed silica is produced at
four facilities is three states. There is
no NSPS for the source category. Based
on preliminary results of a screening
study, the source category emits
chlorine, HC1, and chlorinated organics.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4111
This action merged with SAN 4104,
RIN 2060-AH75.
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH72
3373. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12291; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Title IH of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
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62270
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some
hydrochloric acid plants may be major
sources for one or more HAPs. As a
consequence, a regulation [emission
standards) will be developed for the
hydrochloric acid production industry.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Final Action 03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4104
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing; 325181
Alkalies and Chlorine Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH75
3374. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the
application of asphalt or coal tar to
metal pipes may reasonably be
anticipated to emit several of the 189
HAPs listed in section 112(b) of the
CAA. As a consequence, a regulatory
development program is being pursued
for the asphalt/ coal tar application on
metal pipes industry to promulgate
emission standards.
Timetable:
Action Date FR Cite
NPRM
Final Action
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4107
This action will be covered under Misc.
Metal Parts & Products, SAN 3825, RIN
2060-AG56
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5342
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AH78
3375. NESHAP: CLAY MINERALS
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the clay
products manufacturing industry may
reasonably be anticipated to emit
several of the 189 HAPs listed in
section 112(b) of the CAA. As a
consequence, a regulatory development
program is being pursued for the clay
products manufacturing industry to
promulgate emission standards. EPA
plans to propose four separate
standards for the clay products
manufacturing industry (see 64 FR
63028, 11/18/99). This action will
propose and promulgate standards for
the clay minerals processing portion of
the industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4113
This source category will be addressed
in SAN 4325, RIN 2060-AI67.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing; 212324
Kaolin and Ball Clay Mining; 327992
Ground or Treated Mineral and Earth
Manufacturing
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5397
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62271
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
BIN: 2060-AH79
3376. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project will develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the two known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project will begin in 2000. Initially,
information on the industry processes
and emissions of HAP will be analyzed
to identify available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable:
Action
Date FR Cite
NPRMToBeDelisted 12/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4098
This source category will be delisted.
Sectors Affected: 331419 Primary
Smelting and Refining of Nonferrous
Metal [except Copper and Aluminum)
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH83
3377. PERFORMANCE
SPECIFICATION 16 - SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA sec
ill
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, April
15, 2001.
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 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119
Sectors Affected: 33241 Power Boiler
and Heat Exchanger Manufacturing;
333611 Turbine and Turbine Generator
Set Unit Manufacturing; 333618 Other
Engine Equipment Manufacturing;
336399 All Other Motor Vehicle Parts
Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1063
Fax: 919 541-1039
Email: curtis.foston@epa.gov
William H. Lamason, Environmental
Protection Agency, Air and Radiation,
MD-19, Washington, DC 20460
Phone: 919 541-5374
RIN: 2060-AH84
3378. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 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
191 (A)
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report 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
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
06/00/02
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62272
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9198
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AH90
3379. RULEMAKING ON SECTION 126
PETITIONS FROM NEW YORK AND
CONNECTICUT REGARDING
SOURCES IN MICHIGAN
Priority: Routine and Frequent
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline: None
Abstract: The EPA is proposing to
revise the section 126 rule in light of
the March 3, 2000 Court decision
(Michigan v. EPA, No. 98-1497) on the
NOx SIP Call. The court vacated, and
remanded to EPA for further
consideration, the inclusion of Georgia
and Missouri in the NOx SIP Call in
light of the Ozone Transport
Assessment Group conclusions that
emissions from coarse grid portions of
States did not merit controls. The
reasoning of the Court regarding the
significance of NOx emissions from
sources in Georgia and Missouri calls
into question the inclusion of the
coarse grid portion of Michigan in the
NOx SIP Call. In a separate proposal
on the NOx SIP Call, EPA is proposing
to withdraw the NOx SIP Call
requirements for the Michigan coarse
grid area. The section 126 rule is based
on many of the same analyses and
information used for the NOx SIP call
and covers part of Michigan. Thus, in
light of the court ruling, EPA is
proposing to withdraw its section 126
findings and control requirements
under the 1-hour ozone standard with
respect to sources located in the small
part of the coarse grid portion of
Michigan that is currently covered by
the section 126 rule. The EPA has not
identified any existing section 126
sources that would be affected by the
proposal, however this proposal would
eliminate findings and control
requirements for new sources locating
in the coarse grid. This proposal does
not create any new requirements, thus
there are no associated costs. The
proposal does not raise any novel legal
or policy issues. It is consistent with
the Court ruling on the NOx SIP Call
and EPA's new proposed action on the
NOx SIP Call.
Timetable:
Action
Date
FR Cite
among inter-program methods. In
addition, minor technical and printing
errors in the methods will be corrected.
Similar errors in various subparts of
part 60 will also be corrected.
Performance specification 15 is also
being proposed in this rulemaking.
Timetable:
Action Date FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4464
Split from RIN 2060-AH88.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Old ham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Tom Helms, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5527
Fax: 919 541-0824
Email; helms.tom@epa.gov
RIN: 2060-AJ36
3380. • WITHDRAWAL OF
AMENDMENTS FOR TESTING AND
MONITORING PROVISIONS TO PARTS
60, 61, AND 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7410 to 7412; 42 USC 7414; 42 USC
7416
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Legal Deadline: None
Abstract: This rulemaking will amend
the emission test methods and
performance specifications in
appendices A and B of part 60,
appendix B of part 61, and appendix
A of part 63 by revising the method
format to conform with Environmental
Monitoring Management Council
(EMMC) guidelines. Conformance to the
guidelines will promote consistency
NPRM 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4580
Split from RIN 2060-AG21.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1063
Fax: 919 541-1039
Email: curtis.foston@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
RIN: 2060-AJ85
3381. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Regulatory Plan: This entry is Seq. No.
118 in part II of this issue of the
Federal Register.
RIN: 2060-AA61
3382. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Regulatory Plan: This entry is Seq. No.
122 in part II of this issue of the
Federal Register.
RIN: 2060-AG63
3383. NESHAP: COMBUSTION
TURBINE
Regulatory Plan: This entry is Seq. No.
123 in part II of this issue of the
Federal Register.
RIN: 2060-AG67
3384. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62273
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, See additional
information.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
of air emissions of manganese
compounds, lead compounds, and
other substances that are among the
pollutants listed as hazardous air
pollutants in section 112 of the Clean
Air Act, as amended in November of
1990. As such, these industries may be
source categories for which national
emission standards may be warranted.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3343
EPA is required to promulgate
standards for all of the source
categories listed in accordance with
section 112(e) by November 15, 2000.
Agency Contact: Jim Maysilles,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3265
Fax: 919 541-5600
Email: maysilles.jim@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE43
3385. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING AND
MISCELLANEOUS COATING
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will cover
organic chemical manufacturing
processes not covered by the HON or
other MACT standards. The regulation
will control process vents (continuous
and batch, including mixing
operations], equipment leaks, storage
tanks, wastewater, solvent recovery,
and heat exchange systems.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3452
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: Iassiter.penny@epa.gov
RIN: 2060-AE82
3386. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The chlorine production
source category includes facilities
engaged in the production of chlorine
and sodium hydroxide [caustic) by one
of the following electrolytic processes:
diaphragm cell, membrane cell, and
mercury cell. Hazardous air pollutants
emitted include chlorine, hydrogen
chloride, and mercury. None of the
facilities are major sources on their
own. However, several are co-located
with major sources (e.g., pulp and
paper plants, polymer plants, synthetic
organic chemical plants, etc.).
Emissions of chlorine and hydrogen
chloride are very minor and the Agency
is evaluating whether regulation of
these HAPs is warranted. Relative to
mercury, which is among five
pollutants listed for regulation under
section 112(c)[6] due to their persistent
and bioaccumulative effects, the
Agency intends to subject to regulation
under section 112(d)(2) all mercury cell
facilities regardless of major source
status.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3449
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE85
3387. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAPs) from operations that apply
surface coatings to metal parts and
products. Although this rule would
cover a wide variety of coating
operations, it would not apply to
specific coating operations for which
regulations have been developed (e.g.,
plastic parts coating, can coating, large
appliance coating, etc.). This regulation
is required under section 112 of the
Clean Air Act of 1990.
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62274 Federal Register/Vol. 66, No. 232/Monday, December 3, 20Q1 /Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 3825
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5342
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG56
3388. NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The CAA required EPA to
publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the asphalt roofing and
processing industry may be reasonably
anticipated to emit one or more of the
pollutants listed in section I12(b) of the
CAA. As a consequence, the source
category is included on the initial list
of HAP-emitting categories scheduled
for standards promulgation within ten
years of enactment of the CAA
Amendments of 1990. The purpose of
this action is to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated according to the
mandated schedule.
timetable:
Action
Date
FR Cite
NPRM
Interim Final
12/00/01
05/00/02
reduction of 46 percent from current
levels. No significant adverse economic
impact is expected to occur as a result
of implementing this proposed
rulemaking. The capital cost associated
with the proposed rulemaking is
approximately $3.5 million. The total
annual cost of the proposed rulemaking
is approximately $1.7 million.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3655
Sectors Affected: 324122 Asphalt
Shingle and Coating Materials
Manufacturing
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG66
3389. NESHAP: REFRACTORY
PRODUCTS MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The proposed rulemaking
will apply to existing and new
refractory products manufacturing
facilities. There are approximately 8
existing refractory products
manufacturing facilities in the United
States located at major source facilities.
It is estimated that no new refractory
products manufacturing facilities will
be built at least for the next 3 years.
The HAP that will be reduced by this
proposed rule are polycyclic organic
matter (POM), phenol, formaldehyde,
methanol, and ethylene glycol.
Implementation of the proposed rule
would reduce emissions of air toxics
by approximately 132 tons per year, a
Action
Date
FR Cite
NPRM 12/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3652
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: zapata.susan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jini@epa.gov
RIN: 2060-AG68
3390. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Regulatory Plan: This entry is Seq. No.
124 in part II of this issue of the
Federal Register.
RIN: 2060-AG69
3391. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
44 USC 350 et seq; 5 USC 605
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants [HAPs). The
standards are to be technology-based
and are to require the maximum degree
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62275
EPA—Clean Air Act (CAA)
Proposed Rule Stage
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards] is being developed
for the lime manufacturing industry.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3651
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG72
3392. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 BBBBB
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This rule will establish a
MACT (maximum available control
technology) for semiconductor
production facilities. There is currently
one major source that would be affected
by the NESHAP. This action will result
in little or no additional emission
reduction but will establish a Federal
MACT level for large facilities.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3902
Sectors Affected: 334413
Semiconductor and Related Device
Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG93
3393. NESHAP: METAL CAN
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry. The
Agency will study what pollutants are
emitted and evaluate the control
techniques, including pollution
prevention, that are used to reduce
these emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/02
05/00/02
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3906
Sectors Affected: 332431 Metal Can
Manufacturing; 332812 Metal Coating,
Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers; 332115 Crown and
Closure Manufacturing
Agency Contact: Paul A. Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG96
3394. NESHAP: FABRIC PRINTING,
COATING AND DYEING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric printing,
coating, and dyeing. The Agency will
identify and study the types and
sources of HAP emissions from these
processes, and evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3909
Sectors Affected: 3133 Textile and
Fabric Finishing and Fabric Coating
Mills; 3132 Fabric Mills; 3141 Textile
Furnishings Mills; 3399 Other
Miscellaneous Manufacturing
Agency Contact: Vinson Hellwig,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2317
Fax: 919 541-5689
Email: hellwig.vinson@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
3395. NESHAP: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2060-AG99
3396. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (Act), as amended November 1990,
requires the EPA to regulate categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b). The EPA has determined that
sources that manufacture primary
magnesium may reasonably be
anticipated to emit several of the 189
HAPs listed (including chlorine and
hydrochloric acid) in quantities
sufficient to designate them as a major
source. As a consequence, primary
magnesium refining is among the HAP
emitting source categories selected for
regulation and is in the group of
categories for which final rules are
scheduled to be promulgated by
November 15, 2000 (58 FR 63941,
December 3, 1993).
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3924
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH03
3397. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Final standards under section
112[d) for chromium emissions from
hard and decorative chromium
electroplating and chromium anodizing
tanks (40 CFR 63, subpart N) were
promulgated on January 25, 1995. Since
promulgation, the Agency has
determined that a class of chromium
electroplating operations were
inadvertently excluded from regulation.
Specifically, the final standards do not
apply to sources engaged in continuous
chromium electroplating of steel sheet
used to make cans and other
containers. It is the Agency's intent to
regulate all facilities engaged in
chromium electroplating. Therefore, the
Agency plans to amend the chromium
electroplating rule to extend its
applicability to continuous chromium
electroplating operations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/02
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 2841
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH08
3398. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This rule will specify
maximum achievable control
technology for site remediation.
Hazardous air pollutant emissions from
treatment of contaminated soils and
groundwater, and other operations will
be considered in developing the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH12
3399. NESHAP: ROCKET ENGINE
TEST FIRING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants [HAP's). The HAP's are
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62277
EPA—Clean Air Act (CAA)
Proposed Rule Stage
listed in section 112(b) of the Clean Air
Act. The Rocket Engine Test Firing
source category and the Engine Test
Facilities source category are included
on EPA's list of sources of HAP's. The
Rocket Engine Test Firing source
category includes facilities engaged in
test firing of rocket engines using solid
or liquid propellants. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3972
This source category is now covered
under the Engine Test Cells/Stands,
SAN 4144, RIN 2060-AI74.
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH35
3400. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
distributing organic liquids. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAPs) from all industries to
protect the public health and
environment. This project should
include but is not limited to those
activities associated with the storage
and distribution of organic liquids
other than gasoline at sites that serve
as distribution points from which
organic liquids may be obtained for
further use and processing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3971
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41
3401. 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 W
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. There are no
impacts anticipated for small
businesses or State/local/tribal
governments.
Timetable:
Action
Date FR Cite
ANPRM Petitions for
Jud. Rev-
Dow, UCC, Exxon)
NPRM Petitions for
Judicial Review-
Prop. Amend.
DirectFinal Action
Petition for
Reconsid.-Equip
Leaks
NPRM Petition for
Recons. - Equip.
Leaks
NPRM Petition for
Recons. - Equip.
Leaks
Final Action Petitions
for Judicial Rev-
Amendments
Direct Final Rule Stay
Direct Final Rule
Withdrawal -
Polymers and
Resins
Final Rule Amend.
Petition for Recons.-
Cooling Towers
Final Rule Amend.
Petition for Jud.
Review-Tech. Corr.
Final-Amend. & Denial
Petition for
Reconsideration-
Equip. Leaks
NPRM Petition for
Reconsideration-
Cooling Towers
11/25/96 61 FR 59849
03/09/99 64 FR 11559
06/08/99 64 FR 30406
06/08/99 64 FR 30453
06/08/99 64 FR 60456
06/19/00 65 FR 38030
08/29/00 65 FR 52319
10/26/00 65FR64161
02/23/01 66 FR 11233
07/16/01 66 FR 36924
08/06/01 66 FR 40903
01/00/02
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47
3402. AMENDMENTS TO PARTS 51,
52, 63, 70 AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend regulations already established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
Date
FR Cite
NPRM 06/00/02
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3479
Agency Contact: Carol Holmes,
Environmental Protection Agency, Air
and Radiation, OECA (2242A),
Washington, DC 20460
Phone: 202 260-8709
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AI01
3403. • NESHAP: PUBLICLY OWNED
TREATMENT WORKS (POTW)-
AMENDMENTS II
Priority: Other Significant
Legal Authority: 42 USC 7412(e](5)
CAAA sec 112(e)(5); 42 USC 7412(n)(3)
CAAA sec 112(n)(3)
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will amend the
existing rule to implement a settlement
agreement with the Pharmaceutical
Research and Manufacturers of America
regarding their petition for judicial
review.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 4546
Split from RIN 2060-AF26.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, MD-13, Washington, DC
20460
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ66
3404. METAL FURNITURE (SURFACE
COATING) NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of metal furniture
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of metal furniture
products and parts, which is required
under section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3824
Sectors Affected: 332612 Wire Spring
Manufacturing; 337215 Showcase,
Partition, Shelving, and Locker
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
33636 Motor Vehicle Fabric Accessories
and Seat Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing; 337127
Institutional Furniture Manufacturing;
332116 Metal Stamping
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG55
3405. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda
62279
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would address
the hazardous air pollutants (HAP)
emissions from the coating of plastic
parts. Pollution prevention approaches
will be considered.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Sectors Affected: 337214 Nonwood
Office Furniture Manufacturing; 32614
Polystyrene Foam Product
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing; 326199 All
Other Plastics Product Manufacturing;
333313 Office Machinery
Manufacturing; 33422 Radio and
Television Broadcasting and Wireless
Communications Equipment
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 339111 Laboratory
Apparatus and Furniture
Manufacturing; 339112 Surgical and
Medical Instrument Manufacturing;
33992 Sporting and Athletic Goods
Manufacturing; 33995 Sign
Manufacturing; 339999 All Other
Miscellaneous Manufacturing
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-5689
Email: teal.kim@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG57
3406. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted by the wood building
product surface coating industry. The
Agency will study the various HAP
emitted by the industry and evaluate
pollution prevention and control
techniques which can reduce these
emissions.
Timetable:
Additional Information: SAN No. 3826 Action
Date
FR Cite
NPRM
Final Action
12/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3904
Sectors Affected: 321212 Softwood
Veneer and Plywood Manufacturing;
321219 Reconstituted Wood Product
Manufacturing; 321911 Wood Window
and Door Manufacturing; 321918 Other
Millwork (including Flooring ); 321999
All Other Miscellaneous Wood Product
Manufacturing; 321211 Hardwood
Veneer and Plywood Manufacturing;
32199 All Other Wood Product
Manufacturing
Agency Contact: Luis Lluberas,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2659
Fax: 919 541-5689
Email: lluberas.luis@epa.gov
Paul Almodovar, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
RIN: 2060-AH02
3407. LOCATION OF SELECTIVE
ENFORCEMENT AUDITS OF FOREIGN
MANUFACTURED VEHICLES AND
ENGINES; AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525 CAA sec
206(b)
CFR Citation: 40 CFR 86G (Revision);
40 CFR 86K (Revision)
Legal Deadline: None
Abstract: This action would consider
an amendment to the existing
regulations to include ports of entry as
a location for EPA selection of foreign
produced vehicles and engines for SEA
emissions testing at laboratories in the
U.S. While the regulations do not
specify EPA authority to conduct such
port selections, the increased flexibility
provided by port selections warrants
amending the regulations. Presently,
EPA must travel overseas to conduct
SEA audits of foreign manufactured
vehicles and engines, even though most
manufacturers now have access to
laboratory facilities in the U.S. The
benefits include a reduction in Agency
cost since fewer overseas trips would
be necessary. Also, EPA would be able
to conduct more audits of foreign
manufactured vehicles and engines.
Separate from the provisions proposed
in this NPRM for amendments to allow
port selection for SEAs, EPA is also
proposing to make two other
amendments to 40 CFR part 86. The
first would amend current Selective
Enforcement Auditing regulations to
change the minimum annual limit of
Selective Enforcement Audits per
manufacturer to two (2) per year.
Currently, the minimum annual limit
is one audit per manufacturer. Under
the proposed amendments EPA would
be able to perform a second audit on
those manufacturers that might
otherwise be limited to one audit.
The second additional proposed
amendment to part 86 would delete
from subparts A and E references to
the Agency representation in certain
types of administrative hearings. The
two provisions state that the Office of
General Counsel will represent the
Agency in administrative procedures
governing hearings on certification for
light-duty vehicles, light-duty trucks,
heavy-duty engines and motorcycles.
The Agency is proposing to delete these
two provisions in order to be consistent
with other hearing procedures in part
86.
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62280
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3139
Agency Contact: Richard Gezelle,
Environmental Protection Agency, Air
and Radiation, 6403J, Washington, DC
20460
Phone: 202 564-9267
RIN: 2060-AD90
3408. REVIEW OF FEDERAL TEST
PROCEDURES FOR EMISSIONS FROM
MOTOR VEHICLES; TEST
PROCEDURE ADJUSTMENTS TO
FUEL ECONOMY AND EMISSION
TEST RESULTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549
CFR Citation: 40 CFR 600; 40 CFR 86
Legal Deadline: None
Abstract: This action considers
potential adjustments to fuel economy
and emission test results to compensate
for test procedure changes previously
adopted; it applies to light-duty
vehicles and light-duty trucks. This
aspect of the previous rulemaking (SAN
3323, RIN 2060-AE27) was deferred.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3979
Agency Contact: R. W. Nash,
Environmental Protection Agency, Air
and Radiation, AAVRAG, Ann Arbor,
MI 48105
Phone: 743 214-4412
RIN: 2060-AH38
3409. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767i(g) CAA
sec 608
CFR Citation: 40 CFR 82 subpart F
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3673
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AG20
3410. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
7/28/99 we proposed to partially
approve, conditionally approve and
partially disapprove Montana's S02 SIP
for Billings/Laurel. EPA intends to
propose a Federal Implementation Plan
(FIP) to cover those parts of the State's
plan we disapprove. EPA's FIP will
assure that the Billings/Laurel area will
attain and maintain the SO2 NAAQS.
Timetable:
Action
Date
FR Cite
NPRM
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4542
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR,
Washington, DC 20460
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epa.gov
Larry Svoboda, Environmental
Protection Agency, Regional Office
Denver, 8P-AR
Phone: 303 312-6004
Fax: 303 312-6064
Email: svoboda.larry@epa.gov
RIN: 2008-AAOO
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62281
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3411. FEDERAL IMPLEMENTATION
PLANS FOR INDIAN RESERVATIONS
IN IDAHO, OREGON AND
WASHINGTON
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 49.121 to 49.139;
40 CFR 49.9861 to 49.17810
Legal Deadline: None
Abstract: This Federal Implementation
Plan (FIP) proposes basic air rules to
apply on Indian Reservations in Idaho,
Oregon, and Washington. The rules
provide some basic air quality
protection similar to what the state
implementation plans (SIPs) require for
Idaho, Oregon, and Washington. These
rules are needed to establish a level
playing field and create basic federally
enforceable rules under the Clean Air
Act.
Timetable:
Action
Date
FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities 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: Regina Thompson,
Environmental Protection Agency,
Regional Office Seattle, OAQ-107, 1200
6th Avenue; Seattle, Washington 98101
Phone: 206 553-1498
Fax: 206 553-0110
Email: hompson.regina@epa.gov
Bonnie Thie, Environmental Protection
Agency, Regional Office Seattle, OAQ-
107
Phone: 206 553-1189
Fax: 206 553-0110
Email: thie.bonnie@epa.gov
RIN: 2012-AA01
3412. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); THIRD PARTY AUDnT
PROVISIONS
Priority: Other Significant
Legal Authority: 42 U.S.C. 74l2(r);
7601 (a)[l)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: This action establishes
requirements, incentives, and
procedures for third party audits of
Risk Management Plans (RMPs) under
40 CFR part 68 that would reduce the
need for, and thus the incidence of,
government audits of RMPs submitted
by facilities that volunteer for such an
audit. In this context, a third party is
someone not employed by either an
RMP-regulated facility or a government
agency responsible for implementing
the RMP program (implementing
agency).
hi the preamble to the final Risk
Management Program rule, EPA
endorsed the concept of using third
parties to assist in rule compliance and
oversight (61 FR 31705), provided that
any such proposal: not weaken the
compliance responsibilities of facility
owner/operators; offer cost savings and
benefits to the industry, community,
and implementing agencies that
significantly exceed the cost of
implementing the approach lead to a
net increase in process safety,
particularly for smaller, less technically
sophisticated facilities; and promote
cost-effective agency prioritization of
oversight resources. However, no
specific criteria or requirements were
specified in the RMP rule to regulate
the activities of facilities, implementing
agencies, or third parties with respect
to third party assistance.
A facility's participation in the third
party audit program proposed by this
action would be totally voluntary. For
facilities who choose not to participate
in the program, this action would have
no effect. However if a facility
participates, this regulation would
establish the requirements and
regulatory incentives for their
participation. For participating sources,
the action would offer the potential for
reduced regulatory burden (while
maintaining their compliance
responsibilities), flexible auditing
options, and other benefits, provided
the source meets the applicable
requirements described in the rule.
This action also would specify the
proposed qualification requirements for
persons desiring to act as third party
auditors.
EPA believes that this action would
promote increased safety among
facilities covered by the risk.
Timetable:
Action
Date
FR Cite
NPRM 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4511
Sectors Affected: 49312 Refrigerated
Warehousing and Storage Facilities;
22132 Sewage Treatment Facilities;
22131 Water Supply and Irrigation
Systems; 31161 Animal Slaughtering
and Processing; 49311 General
Warehousing and Storage Facilities;
42291 Farm Supplies Wholesalers;
42269 Other Chemical and Allied
Products Wholesalers; 49313 Farm
Product Warehousing and Storage
Facilities; 32512 Industrial Gas
Manufacturing; 11511 Support
Activities for Crop Production
Agency Contact: James Belke,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-8023
Fax: 202 564-8444
Email: belke.jim@epa.gov
Breeda Reilly, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A
Phone: 202 564-7983
Fax: 202 584-8444
Email: reilly.breeda@epa.gov
RIN: 2050-AE85
3413. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Since the promulgation of the
chromium electroplating NESHAP we
have been informed of several sources
that are experiencing difficulty in
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62282
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
complying with the concentration limit
for new sources even though they have
installed and operate composite mesh
pad scrubber technology similar or
identical to that used as the basis for
the MACT emission limit. These
sources operate new state-of-the-art
plating tanks not encountered during
rule development which feature
enclosing hoods that completely cover
the surface of the plating tank. This
covered tank design allows for effective
capture and ventilation at substantially
lower exhaust air flow rates than
otherwise encountered with more
conventional exterior hooding.
Although these sources exceed the new
source standard concentration limit of
0.015 mg/dscm, actual mass rate
emissions are more than 50. percent
lower than would otherwise be
achieved with more conventional
hooding and higher ventilation rates.'
The chromium electroplating standard
will be amended to include this
alternative type of control system.
Timetable:
Action
NPRM
Final Action
Date
12/00/01
04/00/02
PR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH69
3414. CONTROL OF EMISSIONS FROM
NONROAD LARGE SPARK IGNITION
ENGINES, RECREATIONAL ENGINES
(MARINE AND LAND-BASED), AND
HIGHWAY MOTORCYCLES
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7401 to
7671(q)
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial,
September 29, 2000.
Final, Judicial, December 31, 2001.
Abstract: Emissions from large spark-
ignition engines are currently
unregulated. EPA and California Air
Resources Board (GARB) are
cooperating in an effort to set emission
standards for these engines to
substantially reduce their contribution
to the emission inventory.
Timetable:
Action
Date
FR Cite
Proposed Finding 02/08/99 64 FR.6008
ANPRM Final Finding 12/07/00 65 FR 76790
NPRM 10/05/01 66 FR 51098
NPRM Comment 12/19/01
Period End
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4154
Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 335312
Motor and Generator Manufacturing;
42183 Industrial Machinery and
Equipment Wholesalers
Agency Contact: Alan Stout,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epamail.epa.gov .
Don Kopinski, Environmental
Protection Agency, Air and Radiation,'
QMS EPCD, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
RIN: 2060-AI11
3415. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Regulatory Plan: This entry is Seq. No.
126 in part II of this issue of the
Federal Register.
RIN: 2060-AI44
3416. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2060-AI56
3417. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
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
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5342
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI62
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62283
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3418. NESHAP FOR THE PRINTING
AND PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
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
NPRM
Final Action
12/00/01
05/00/02
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, (MD-13), Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI66
3419. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The brick and structural clay
products industry primarily includes
facilities that manufacture brick, clay,
pipe, roof tile, extruded floor and wall
tile, and other extruded dimensional
clay products from clay, shale, or a
combination of the two. The
manufacture of brick and structural
clay products involves mining, raw
material processing (crushing, grinding,
and screening), mixing, forming, cutting
or shaping, drying, and firing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4325
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327123 Other Structural Clay Product
Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI67
3420. NESHAP: CLAY CERAMICS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Ceramics are defined as a
class of inorganic, nonmetallic solids
that are subject to high temperature in
manufacture and/or use. The clay
ceramics manufacturing source category
includes facilities that manufacture
traditional ceramics. Traditional
ceramics include ceramic tile,
dinnerware, sanitaryware, pottery, and
porcelain. The primary raw material
used in the manufacture of traditional
ceramics is clay. The manufacture of
clay ceramics involves raw material
processing (crushing, grinding, and
screening), mixing, forming, shaping,
drying, glazing, and firing.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4343
Title in April 2001 Agenda: NESHAP:
Clay Ceramics Manufacturing
Sectors Affected: 327122 Ceramic Wall
and Floor Tile Manufacturing; 327111
Vitreous China Plumbing Fixture and
China and Earthenware Fittings and
Bathroom Accessories Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI68
3421. NESHAP: ENGINE TEST
CELLS/STANDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Engine Test Facilities source
category are included on EPA's list of
sources of HAP's. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines and
rocket engines. Aircraft engine testing
consists of facilities which perform
testing on uninstalled aircraft engines.
Non-aerospace engine test facilities
consists of facilities which perform
testing on uninstalled engines such as
automotive engines, stationary turbines,
1C engines, and diesel engines.
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Federal Register/Vol 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date
12/00/01
05/00/02
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4144
This action will cover the rocket engine
test firing source category RIN 2060-
AH35
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
RIN: 2060-AI74
3422. DEVELOPMENT OF REFERENCE
METHOD FOR THE DETERMINATION
OF SOURCE EMISSIONS OF
FILTERABLE FINE PARTICULATE
MATTER AS PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51 app M
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: Under this action, EPA is
initiating the publication of a reference
test method that can be used to
quantify that portion of particulate
matter emissions that are solid at stack
conditions and are equal to or less than
2.5 uM in aerodynamic diameter. This
test method is to be used in
conjunction with existing and future
reference methods which are designed
to quantify condensable particulate and
particulate precursors. Condensable
particulate is that portion of particulate
matter emissions that are gaseous at
stack conditions but which quickly
condense to a solid form when released
to the atmosphere. Particulate
precursors are gaseous compounds
which become solids as a result of
chemical reactions in the atmosphere.
This test method supports the amended
National Ambient Air Quality Standard
(NAAQS) for particulate matter which
was promulgated on July 18, 1997. The
NAAQS was revised by adding new
standards for particulate of 2.5 uM
aerodynamic diameter. An important
foundation element of State efforts to
attain the NAAQS will be the
development of reliable inventories of
baseline particulate and particulate
precursor emissions. The emission
inventories developed should be based
upon credible source tests of individual
facilities or emission factors developed
from credible source tests. At the
present time there is no reference test
method available for quantifying the
filterable particulate matter of 2.5 uM
aerodynamic diameter from emission
sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4306
Sectors Affected: 21231 Stone Mining
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Ronald E. Myers,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
Tom Logan, Environmental Protection
Agency, Air and Radiation, MD-19,
Washington, DC 20460
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
RIN: 2060-AI96
3423. 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.
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62285
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation
Phone: 202 564-5592
RIN: 2060-AI97
3424. 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 intends to issue 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
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4393
Agency Contact: Karen Smith,
Environmental Protection Agency, Air
and Radiation, 6406J
Phone: 202 564-9674
Fax: 202 565-2084
Email: smith.karen@epa.gov
Bob Perlis, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO
3425. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The taconite iron ore
processing source category is comprised
of nine facilities operating in the
United States. Seven facilities are
located in Minnesota and two are
located in Michigan. The expected
sources of HAP emissions for this
source category include: fossil fuel
combustion sources, and possibly the
handling and transfer of mined ore
containing naturally occurring
inorganic compounds. Anticipated HAP
emissions released from these sources
primarily include: formaldehyde,
manganese, nickel, arsenic, and
chromium. The quantities of HAP
released are expected to exceed major
source levels.
Timetable:
Action
Date FR Cite
NPRM 01/00/02
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4380
There are nine taconite processing
facilities in the U.S.; seven are located
in Minnesota and two are located in
Michigan. The MACT standard for this
industry group will be shared between
EPA and the State of Minnesota. State
regulations currently in place include
both air emissions limitations and
prohibition of effluent discharge to
Great Lakes waters, and both air and
water monitoring requirements. Other
existing Federal regulations may be
affected under RCRA and TSCA.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AJ02
3426. UTILITY SECTOR NEW SOURCE
REVIEW (NSR) ALTERNATIVE
COMPLIANCE PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 51; 40 CFR 52.21
Legal Deadline: None
Abstract: The New Source Review
(NSR) Program is the principal means
by which EPA assures that new
pollution sources install reasonably
effective air pollution controls before
they are allowed to begin operation.
EPA is currently involved in a
comprehensive rulemaking (NSR
Improvement, SAN 3259), intended to
streamline the NSR program and reduce
its administrative burden. This new
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62286
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
rulemaking is an outgrowth of that
reform effort, and will provide
industries with the flexibility to focus
more on existing pollution sources,
with the goal of achieving as good or
better environmental results than could
be achieved focusing strictly on new
sources. The Utility Sector NSR
Alternative Compliance Program is a
proposed rulemaking that is an
outgrowth of this action and will
provide industries with the flexibility
to focus more on existing pollution
sources, with the goal of achieving as
good or better environmental results
than could be achieved focusing strictly
on new sources. The Utility Sector NSR
Alternative Compliance Program is a
proposed rulemaking that is an
outgrowth of this action and will
provide industries with the flexibility
to focus more on existing pollution
sources, with the goal of achieving as
good or better environmental results
than could be achieved focusing strictly
on new sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/02
03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No, 4390
See also SAN 3259
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
BIN: 2060-AJ14
3427. INTERSTATE OZONE
TRANSPORT: RESPONSE TO COURT
DECISIONS ON THE NOX SIP CALL,
NOX SIP CALL TECHNICAL
AMENDMENTS, AND SECTION 126
RULES
Priority: Other Significant
Legal Authority: 42 USC 7410(a)(2)(D];
7410(10(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: On October 27,1998 (63 FR
57355), EPA issued a rule to reduce
smog in the eastern half of the country.
The rule required 22 States and the
District of Columbia to reduce
emissions of nitrogen oxides (NOx),
which reacts with other chemicals in
the atmosphere to form smog. EPA
required these reductions because
pollution from each of these States was
transported by the wind and
significantly contributed to unhealthy
air quality in downwind states. In
response to litigation from several
parties on the NOx SIP call, the United
States Court of Appeals for the District
of Columbia issued a decision on
March 3, 2000 making it clear that EPA
and States can and should move
forward to implement this regional
strategy. The ruling remanded certain
relatively minor portions of the original
rule back to the EPA. This rulemaking
covers the portion of the rule associated
with the remanded issues: certain
cogeneration units, internal combustion
engines, the partial State requirements
for Georgia & Missouri and the
exclusion of Wisconsin. In this
rulemaking, EPA will consider the
partial State issue for Alabama &
Michigan and propose SIP submittal
dates and compliance dates, as well.
The D.C. Circuit Court also remanded,
or remanded and vacated, the
cogeneration unit issue in decisions on
the NOx SIP Call Technical
Amendments, and Section 126 Rule on
June 8, 2001 and May 15, 2001,
respectively. These remands will also
be addressed in this rulemaking.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4433
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AJ16
3428. NESHAP FOR FRICTION
PRODUCTS MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will propose
NESHAP for friction products
manufacturing in order to comply with
the Clean Air Act of 1990 (CAA). The
friction products source category
includes any facility that manufactures
friction products such as brakes and
clutches. The rule is expected to limit
HAP emissions, including toluene,
hexane, and 1,1,1 trichloroethane) from
solvent mixing operations.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
10/04/01 66 FR 50768
12/03/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4460
Sectors Affected: 3363 Motor Vehicle
Parts Manufacturing; 3364 Aerospace
Product and Parts Manufacturing; 3369
Other Transportation Equipment
Manufacturing
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AJ18
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62287
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3429. RULEMAKINGS FOR THE
PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Regulatory Plan: This entry is Seq. No.
128 in part II of this issue of the
Federal Register.
RIN: 2060-AJ20
3430. PETITIONS TO DELIST SOURCE
CATEGORIES FROM THE SOURCE
CATEGORY LIST, DEVELOPED
PURSUANT TO SECTION 112(C) OF
THE CLEAN AIR ACT
Priority: Routine and Frequent
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, April
21, 2000.
Abstract: The EPA has received 1
petition to remove a SC (2-Piece Can
Manufacturing) from the SC List
developed pursuant to Section 112(c)
of the Clean Air Act (CAA). The most
current SC List was published on
November 18, 1999 (64 FR 63025).
Section 112(c)(9), which provides the
legislative authority and guidelines for
such actions, states that the
Administrator may delete a SC from the
list under Section 112(c), on petition
of any person or on the Administrator's
own motion, whenever the
Administrator determines that no
source in the category emits hazardous
air pollutants (HAPs) in quantities
which may cause a lifetime risk of
cancer greater than 1 in one million
to the individual in the population who
is most exposed and that emissions
from no source in the category exceed
a level which is adequate to protect
public health with an ample margin of
safety and that no adverse
environmental effect will result. As of
August 30, 2001, 1 petition to delist
a SC has been received. It contains
information on HAP emissions,
exposures, health effects, human risks,
and potential ecological concerns as
well as the petitioner's explanation
why the 2-Piece Can Manufacturing
should be removed from the SC List.
The EPA will conduct a comprehensive
review of the petition received then
decide whether to grant or deny the
petition. Section 112(c)(9) requires that
within 12 months of receipt of a
petition, the Administrator shall either
grant or deny the petition by publishing
a written explanation of the reasons for
the Administrator's decision. We
believe that petitions to delist source
categories are non-significant actions
because they do not meet any of the
principles outlined in section A above.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4415
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5368
RIN: 2060-AJ23
3431. REVISING REGULATIONS ON
AMBIENT AIR QUALITY MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58 (Revision); 40
CFR 53 (Revision); 40 CFR 50
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by State and local agencies,
although Federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. The
proposed revisions would remove real
or perceived constraints on redeploying
air monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The current
regulations require states to develop
plans to deploy air monitoring
networks, but they do not emphasize
administering the networks. States
generally develop new plans only when
new monitoring is needed, such as for
a new NAAQS. The regulations should
be revised to reflect the roles of EPA
and the State and local agencies.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4421
Sectors Affected: 334519 Other
Measuring and Controlling Device
Manufacturing; 92411 Air and Water
Resource and Solid Waste Management
Agency Contact: Mike Fapp,
Environmental Protection Agency, Air
and Radiation, MD-14, Research
Triangle Park, NC 27711
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.michael@epa.gov
Lee Ann Byrd, Environmental
Protection Agency, Air and Radiation,
MD-14, Washington, DC 20460
Phone; 919 541-5367
Fax: 919 541-1903
Email: byrd.lee@epa.gov
RIN: 2060-AJ25
3432. CLARIFICATION TO EXISTING
PART 63 NESHAP DELEGATIONS'
PROVISIONS-WORK PRACTICES
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
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62288
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract; 40 CFR part 63 contains
QAR's air-toxics emissions regulations,
often referred to as MACT rules or
NESHAPS. We are revising some part
63 standards to reflect changes in
delegation provisions. We are also
revising some sections in the part 63
regulations to clarify what are
standards and what are compliance
assurance measures. The benefits of the
changes will include clarifying what
authorities in each standard can be
delegated to State and local air
pollution control agencies and meshing
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4426
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, MD-12, Research.
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov
Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa,gov
RIN: 2060-AJ26
3433. FEDERAL PLAN
REQUIREMENTS FOR COMMERCIAL
AND INDUSTRIAL SOLID WASTE
INCINERATION UNITS CONSTRUCTED
ON OR BEFORE NOVEMBER 30, 1999
Priority: Substantive, Nonsignificant
Legal Authority: 1990 Amendments to
the Clean Air Act sections 111; 1990
Amendments to the Clean Air Act
sections 129; 1990 Amendments to the
Clean Air Act sections 301(a)(d)
CFR Citation: 40 CFR 62
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines for existing
incinerators combusting commercial or
industrial waste under sections 111 and
129. Final emission guidelines for
Commercial and Industrial Solid Waste
Incineration (CISWI) were published on
December 1, 2000 (see 65 FR 75338).
In accordance with section 129, any
State with affected sources must submit
a State plan by December 1, 2001
describing how the State will
implement the emission guidelines for
existing CISWI. Section 129 requires
the Administrator to develop and
implement a Federal plan for existing
CISWI units located in any State which
has not submitted an approvable plan
within 2 years of promulgation of the
emissions guidelines. In this CISWI
Federal plan rulemaking, EPA becomes
the implementing authority in those
instances where the State has failed to
submit a plan or a plan has not yet
been approved. Therefore, consistent
with section 129(b)(3) of the Act, EPA
is proposing a plan that applies to
CISWI in any State that has not
submitted an approvable plan within
the time allotted, This action makes no
changes to the requirements in the rule,
and is intended to fulfill EPA's duty
under section 129(b)(3) to promulgate
a Federal plan as a gap-filling measure
until the State fulfills its statutory
obligations. When the State submits an
approvable State plan, the Federal plan
will no longer apply to units in that
State,
Timetable:
Action Date FR Cite
NPRM
Final Action
01/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4441
Sectors Affected: 321 Wood Product
Manufacturing; 325 Chemical
Manufacturing
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email; painter.david@epa.gov
RIN: 2060-AJ28
3434. REVISIONS TO PART 97
FEDERAL NOX BUDGET TRADING
PROGRAM ALLOWANCE
ALLOCATION METHOD AND PART 75
OUTPUT AND EMISSIONS
MONITORING PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority; 42 USC 7401; 42 USC
7403; 42 USC 7426; 42 USC 7601; 42
USC 7651 et seq
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (Revision)
Legal Deadline: None
Abstract: This rulemaking package will
propose two types of modifications to
the Code of Federal Regulations:
revisions to parts 72 and 75 related to
the existing Acid Rain Program; and,
revisions to part 75 and part 97 that
are associated with the implementation
of the Federal NOx Budget Trading
Program.
The proposed revisions to parts 72 and
75 pertaining to the Acid Rain Program
will improve the program's efficiency
and effectiveness. These revisions
include technical corrections and
clarifications to the monitoring
procedures that will improve quality of
the SO2 and NOx emissions data. Some
reporting requirements will be modified
to broaden and improve electronic
reporting provisions in order to reduce
industry burden and facilitate better
data management within the Agency.
In support of the Federal NOx Budget
Trading Program, EPA will propose
revisions to parts 72, 75, and 97. Parts
72 and 75 will be modified to introduce
procedural requirements for the
monitoring and reporting of output (i.e.,
electricity, steam, or heated water) for
electric generating units, The proposed
revisions to part 97 will satisfy a
commitment the Agency made in the
January 18, 2000 final section 126 rule
to use output for updating NOx
allowance allocations. Our analysis
predicts that updating allocations based
on output will reduce air pollution
nationwide and will result in more •
efficient electricity generation.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62289
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4448 Email: mcdonald.randy@epa.gov
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Sam Waltzer,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9175
Fax: 202 565-2140
Email: waltzer.sam@epa.gov
Margaret Sheppard, Environmental
Protection Agency, Air and Radiation,
6 2 04]
Phone: 202 564-9163
Fax: 202 565-2141
Email: sheppard.margaret
BIN: 2060-AJ30
3435. NESHAP: PESTICIDES ACTIVE
INGREDIENTS—AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On June 23, 1999, EPA
promulgated the NESHAP for Pesticide
Active Ingredient Production
[Production of Agricultural Chemicals).
Subsequently, a petition was filed on
this rule, and EPA received the list of
issues filed with the court. There are
four separate, but related petitions.
Major issues include applicability
determination for creosote producers,
control requirements for left-over vents,
averaging period, and wastewater
applicability cutoffs. This amendment
will address these issues raised by
creosote producers. The other issues
will be addressed in a separate
rulemaking.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4457
Split from RIN 2060-AE84.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5402
Fax: 919 541-3470
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ34
3436. NESHAP: GASOLINE
DISTRIBUTION FACILITIES —
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63.425[e]
Legal Deadline: None
Abstract: This action will add a DOT
test method as an alternative for
measuring emissions from railcars. This
method came to our attention
subsequent to promulgation of the
original rule.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4479
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax; 919 541-0246
Email: shedd.steve@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AJ42
3437. NESHAP: AMINO/PHENOLIC
RESINS: AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 63 subpart 000
Legal Deadline: None
Abstract: The Amino and Phenolic
Wood Adhesives Association [APWAA]
has filed a petition for review of the
final rule. APWAA has identified two
areas of concern in their statement of
issue. First of all APWAA claims that
EPA was unjustified in going above the
floor level of control to include
equipment requirements equivalent to
the Consolidated Air Rule [CAR] for
new and existing sources. APWAA
believes EPA should use the floor level
of control for both new and existing
sources. For existing sources there is
no floor, and for new sources the floor
level of control is equivalent to the
requirements included in 40 CFR part
60 subpart W. The second issue
identified by APWAA is the way the
requirements for non-reactor batch
vents were calculated. The current rule
has a 500 Ibs per year applicability
cutoff for non-reactor batch vents at the
facility level. APWAA has stated that
the cutoff should be applicable to
individual vents instead of the entire
facility.
Timetable:
Action
Date FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No, 4484
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ45
3438. INDOOR AIR TOXICS
STRATEGY
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Indoor Air Toxics
Strategy is a plan to reduce risks from
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2Q01/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
toxic air pollutants indoors and is in
response to the July 19, 1999 release
of the National Air Toxics
Program/Integrated Urban Air Toxics
Strategy (64 FR 38706). The latter
strategy recognized that, although
exposures to air toxics indoors may be
significant, the risks associated with
indoor exposures are not as well
characterized as those for exposures
outdoors. The Indoor Air Toxics
Strategy will present the results of a
screening-level ranking and selection of
key air toxics indoors, which was
performed to help us prioritize our
future efforts in this area, and will
present a plan to work with outside
stakeholders to further characterize and
reduce risks from air toxics indoors.
The Indoor Air Toxics Strategy will
rely heavily on voluntary, non-
regulatory efforts.
Timetable:
Action
Date
FR Cite
Draft Notice
Final Notice
01/00/02
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4494
Agency Contact: Pauline Johnston,
Environmental Protection Agency, Air
and Radiation, 6609J, Washington, DC
20460
Phone: 202 564-9425
Fax: 202 565-2039
Email: johnston.pauline@epa.gov
RIN: 2060-AJ49
3439. REVISIONS TO REGIONAL HAZE
RULE TO INCORPORATE SULFUR
DIOXIDE MILESTONES AND
BACKSTOP EMISSIONS TRADING
PROGRAM FOR NINE WESTERN
STATES
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
CFR Citation: 40 CFR 51.309
Legal Deadline: None
Abstract: This regulation is for an
action anticipated by the regional haze
rule that we published in July 1999.
One portion of the regional haze rule
was an optional visibility protection
program for nine Western States. Part
of this program for the West, a long-
term program to reduce stationary
source emissions of sulfur dioxide, was
incomplete at the time of the 1999 rule.
Accordingly, the rule required Western
States to submit an 'Annex" to an
earlier report of the Grand Canyon
Visibility Transport Commission, We
required the Annex to contain sulfur
dioxide milestones for the years 2003
to 2018, to establish a program to track
emissions from stationary sources over
this time period, and to provide the
details of a market trading program that
would be triggered if a milestone is
exceeded. The Western Regional Air
Partnership submitted the Annex on
September 29, 2000. The purpose of
this rulemaking is to determine
whether the Annex meets the
requirements of the regional haze rule
and the Clean Air Act, and if it does,
to amend the regional haze rule to
incorporate its provisions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4495
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, MD 15, Research
Triangle Park, NC 27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
MD-15
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epa.gov
RIN: 2060-AJ50
3440. NESHAP: PORTLAND CEMENT
MANUFACTURING INDUSTRY,
AMENDMENTS TO RULE TO
IMPLEMENT SETTLEMENT
AGREEMENT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999. The rule
is codified in 40 CFR 63, Subpart LLL.
This rule is being revised to reflect a
pending settlement agreement with the
American Portland Cement Alliance.
The rule changes will be minor, and
mostly will help to clarify
requirements, provide monitoring
alternatives and/or remove minor
monitoring requirements.
Timetable:
Action Date FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4524
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Tripp Boone,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5625
Fax: 919 541-5600
Email: boone.tripp@epa.gov
Joe Wood, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AJ57
3441. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62291
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531
Agency Contact: Jeffrey A. Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4227
Fax: 734 214-4051
Email: herzog.jeff@epa.gov
RIN: 2060-AJ61
3442. MOTOR VEHICLE AND ENGINE
COMPLIANCE PROGRAM FEES FOR:
LIGHT-DUTY VEHICLES AND
TRUCKS; HEAVY-DUTY VEHICLES
AND ENGINES; NONROAD ENGINES;
AND MOTORCYCLES
Priority: Other Significant
Legal Authority: 42 USC 7552; 31 USC
9701;42USC4370(c)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: Under the Motor Vehicle and
Engine Compliance (MVECP) Fee
Program user fees are collected for
certification and compliance activities.
Currently, user fees are required by
manufacturers of light-duty vehicles,
light-duty trucks, heavy-duty vehicles,
heavy-duty engines and motorcycles.
Through this Notice, EPA is proposing
to update the current fee provisions for
the existing industries and incorporate
fees for nonroad manufacturers. In
addition, the fee schedule will be
updated to reflect costs in
administering compliance activities for
new regulations such as the "Tier 2"
automobile standards and nonroad
engine standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4532
Sectors Affected: 333 Machinery
Manufacturing; 3331 Agriculture,
Construction, and Mining Machinery
Manufacturing; 333111 Farm
Machinery and Equipment
Manufacturing; 333112 Lawn and
Garden Tractor and Home Lawn and
Garden Equipment Manufacturing;
33312 Construction Machinery
Manufacturing; 333131 Mining
Machinery and Equipment
Manufacturing; 3336 Engine, Turbine,
and Power Transmission Equipment
Manufacturing; 33651 Railroad Rolling
Stock Manufacturing; 3361 Motor
Vehicle Manufacturing; 33611
Automobile and Light Duty Motor
Vehicle Manufacturing; 336112 Light
Truck and Utility Vehicle
Manufacturing; 33612 Heavy Duty
Truck Manufacturing; 336311
Carburetor, Piston, Piston Ring and
Valve Manufacturing; 336412 Aircraft
Engine and Engine Parts
Manufacturing; 33661 Ship and Boat
Building; 336991 Motorcycle, Bicycle
and Parts Manufacturing; 333
Machinery Manufacturing; 33392
Material Handling Equipment
Manufacturing; 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 33399 All-
Other General Purpose Machinery
Manufacturing; 333991 Power-Driven
Hand Tool Manufacturing
Agency Contact: Trina D. Vallion,
Environmental Protection Agency, Air
and Radiation, OTAQ/CCD,
Washington, DC 20460
Phone: 734 214-4449-
Fax: 734 214-4053
Email: vallion.trina@epa.gov
Daniel Harrison, Environmental
Protection Agency, Air and Radiation,
OTAQ/CCd
Phone: 734 214-4281
Fax: 734 214-4053
Email: harrison.dan@epa.gov
RIN: 2060-AJ62
3443. • ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Regulatory Plan: This entry is Seq. No.
129 in part II of this issue of the
Federal Register.
RIN: 2060-AJ65
3444. • 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
12/00/01
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4555
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender,kevin@epa,gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone; 919 541-5602
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: vervaert.al@epa.gov
RIN: 2060-AJ68
3445. • TRANSPORTATION
CONFORMITY RULE AMENDMENTS:
MINOR REVISION AND ADDITION OF
GRACE PERIOD FOR NEWLY
DESIGNATED NONATTAINMENT
AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: This action is the result of
a recent amendment to the Clean Air
Act and a 1999 court decision on the
same Act. It provides greater flexibility
and more time for state and local
governments to evaluate and ensure
that their transportation plans will not
worsen air quality conditions in areas
where air quality standards have been
established to protect public health and
the environment.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
10/05/01 66 FR 50954
11/05/01
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected;
Undetermined
Additional Information: SAN No. 4558
Agency Contact: Denise Kearns,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4240
Fax: 734 214-4906
Email: kearns.denise@epa.gov
Meg Patulski, Environmental Protection
Agency, Air and Radiation, NFEVL,
Ann Arbor, MI 48105
Phone: 734 214-4842
Fax: 734 214-4052
Email: patulski,meg@epa,gov
RIN: 2060-AJ70
3446. • CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE LOW-
SULFUR HIGHWAY DIESEL FUEL
TRANSITION PROGRAM FOR ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7625-
1
CFR Citation: 40 CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy-duty diesel
rule, which was promulgated on
January 18, 2001. That rule established
more stringent national emission
standards for heavy-duty highway
vehicles and engines for the 2007
model year, and a technology-enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low-sulfur highway diesel fuel, as an
alternative to the national transition
program. Our goal in offering this
flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA
intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to submit an alternative
transition plan in late 2001 or early
2002. This action will be in response
to that anticipated submittal,
Timetable:
Action
Data
FR Clta
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4570
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN-340-F, 6406-J,
Washington, DC 20460
Phone; 202 564-9473
Fax: 202 565-2085
Email; babst.richard@epa.gov
Mike Shields, Environmental Protection
Agency, Air and Radiation, 6406-J
Phone; 202 564-9035
Fax: 202 565-2085
Email; shields.mike@epa.gov
RIN: 2060-AJ72
3447. t NON-CONFORMANCE
PENALTIES FOR 2004 AND LATER
MODEL YEAR HEAVY-DUTY DIESEL
ENGINES AND HEAVY-DUTY DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525(g)
CFR Citation: 40 CFR 86.1105
Legal Deadline: None
Abstract: Section 206(g) of the Clean
Air Act requires EPA to issue a
certificate of conformity for heavy-duty
engines or heavy-duty vehicles which
exceed an applicable emission
standard, but do not exceed an upper
limit associated with that standard, if
the manufacturer pays a non-
conformance penalty (NCP) established
by rulemaking. Three basic criteria are
used to determine the eligibility of
emission standards for NCPs. First, the
emission standard in question must
become more difficult to meet (e.g.,
through increased stringency). Second,
substantial work must be required to .
meet the emission standard. Third, a
technological laggard must be likely to
develop. A technological laggard is
defined as a manufacturer who cannot
meet a particular emission standard
due to technological difficulties, and,
in the absence of NCPs, might be forced
from the marketplace. This rule will
propose that these criteria are fulfilled
with respect to the 2004 model year
non-methane hydrocarbon plus
nitrogen oxide standard established in
1997 for heavy-duty diesel engines and
heavy-duty diesel vehicles. The rule
will propose specific NCPs available for
manufacturers unable to comply with
this standard,
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62293
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
PR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4573
Sectors Affected: 33612 Heavy Duty
Truck Manufacturing
Agency Contact: Rob French,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4380
Fax: 734 214-4869
Email: french.roberts@epa.gov
Bill Gharmley, Environmental
Protection Agency, Air and Radiation
Phone: 734 214-4466
Email: charmley.william@epa.gov
RIN: 2060-AJ73
3448. • PROTECTION OF
STRATOSPHERIC OZONE: ASSORTED
AMENDMENTS TO THE PHASEOUT
OF CLASS I CONTROLLED
SUBSTANCES - CHANGES UNDER
THE MONTREAL PROTOCOL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7671 to 7671q
CFR Citation: 40 CFR 82,1 to 82.13
Legal Deadline: None
Abstract: The U.S. regulatory program
is being amended to reflect changes in
the international treaty, "The Montreal
Protocol on Substances that Deplete the
Ozone Layer." These amendments: (1)
will change the amount of class I
ozone-depleting substances that can be
produced in the United States for
export to developing countries, [2] will
create procedures for the transfer of
allowances and CFCs under the
essential-use exemption for metered-
dose inhalers, and (3) ban the trade of
methyl bromide with countries that are
not parties (not signatories) to the
Montreal Protocol.
Timetable:
Action
Date
FR Cite
NPRM 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4574
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 3254
Pharmaceutical and Medicine
Manufacturing
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ74
3449. • MODIFICATION OF FEDERAL
ON-BOARD DIAGNOSTIC
REGULATIONS FOR 2004 MODEL
YEAR VEHICLES BELOW 14,000
POUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 12 USC I70iq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule proposes revisions
to the existing Light-Duty On-Board
Diagnostic Requirements, including
revisions that will: (1) require vehicle
manufacturers to monitor the catalyst
for NOx emission performance in
addition to existing requirements to
monitor NMHC performance,
whichever is more stringent; (2) require
monitoring of the evaporative emissions
systems for the presence of 0.020" leaks
or greater and allow for non-intrusive,
engine-off methods to perform
monitoring instead of the current
requirements to monitor for the
presence of a 0.040" leak or greater
during vehicle operation; (3) allow the
use of the Control Area Network (CAN)
Protocol (SAE 15765-4) for OBD
communications in addition to the
other allowable SAE (J1850, J1939) and
ISO (9141, 14230-4); (4) new software
and hardware changes to aid in OBD-
I/M program implementation including
adding vehicle dentification number
(VTN) to the generic datastream,
confining the physical location of the
data link connector, and allowing the
use of the malfunction indicator lamp
(MIL) and a special key sequence to
indicate readiness; (5) add new generic
data stream parameters to aid in the
repair and diagnosis of vehicle
malfunctions; (6) require manufacturers
to record critical pieces of OBD
information under the CAP 2000 In-Use
Verification Program (IUVP); and (7)
establish new OBD in-use performance
demonstration standards used to
determine appropriate frequency of
monitoring in the real world; such in-
use performance standards do not
currently exist which places a greater
burden on our in use program.
Timetable:
Action
Date FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4583
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing
Agency Contact: Arvon Mitcham,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4522
Fax: 734 214-4053
Email: mitcham.arvon@epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AJ77
3450. • REGULATION TO ESTABLISH
NEW DATE FOR RECEIPT OF
SUMMER GRADE RFG AT TERMINALS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.78
Legal Deadline: None
Abstract: This rule will establish a new
date of April 1 for receipt of summer
grade reformulated gasoline at
terminals. The rule is intended to
alleviate gasoline supply shortfalls
during the winter to summer transition
period.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 4592
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Bute Stage
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9037
Fax: 240 363-8260
Email: mckenna.chris@epa.gov
Barry Garelick, Environmental
Protection. Agency, Air and Radiation,
6406]
Phone: 202 564-9028
Fax: 202 564-2085
Email: garelick.barry@epa.gov
RIN: 2060-AJ79
3451. • RELAXATION OF SUMMER
GASOLINE VOLATILITY STANDARD
FOR DENVER/BOULDER AREA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.27(a)(2]
(Revision)
Legal Deadline: None
Abstract: EPA is relaxing the
summertime volatility standard (Reid
Vapor Pressure - RVP) for conventional
gasoline in the Denver/Boulder area
from 7.8 pounds per square inch
("psi") to 9.0 psi. This action is
consistent with, and a result of, the
actions EPA is taking to redesignate the
Denver/Boulder area to be in
attainment with the one-hour ozone
standard and to approve the
maintenance plan for the
Denver/Boulder area. It is also
consistent with past waivers that EPA
has granted to allow 9.0 psi RVP
gasoline in the Denver/Boulder area
since 1992. EPA does not believe that
this action will cause environmental
harm to the Denver/Boulder area, or
that it will adversely impact small
businesses or state and local
governments. The area has been in
compliance with the ozone standard
since 1987.
Timetable:
Action
Date
FR Cite
NPRM 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4593
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN-340-F, 6406-J,
Washington, DC 20460
Phone: 202 564-9473
Fax: 202 565-2085
Email: babst.richard@epa.gov
Mike Shields, Environmental Protection
Agency, Air and Radiation, 6406-J
Phone: 202 564-9035
Fax: 202 565-2085
Email: shields.mike@epa.gov
RIN: 2060-AJ80
3452. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF YEAR 2002
ESSENTIAL USE ALLOWANCES
Priority: Routine and Frequent
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-7671q
CFR Citation: 40 CFR 82.4(t)(2)
Legal Deadline: None
Abstract: With this action EPA is
allocating essential use exemptions to
U.S. entities to produce and/or import
class I ozone depleting substances for
uses considered to be essential under
the Montreal Protocol. These
exemptions include the following:
pharmaceutical grade CFCs for use in
metered dose inhalers used in the
treatment of asthma, methyl chloroform
for use in the space shuttle and titan
rockets, and class I substances for most
laboratory and analytical uses.
Timetable:
Action
Date FR Cite
11/01/01 66 FR 55145
12/03/01
NPRM
NPRM Comment
Period End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4594
Sectors Affected: 54171 Research and
Development in the Physical Sciences
and Engineering Sciences; 54162
Environmental Consulting Services;
6215 Medical and Diagnostic
Laboratories; 3254 Pharmaceutical and.
Medicine Manufacturing; 33641
Aerospace Product and Parts
Manufacturing
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2155
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ81
3453. • 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
Final Action
12/00/01
08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4547
Agency Contact: Rirna Howell,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov
RIN: 2060-AJ83
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62295
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3454. • PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et sea
CFR Citation: 40 CFR 60 app B (New);
40 CFR 60 app F (Revision)
Legal Deadline: None
Abstract: This action proposes
Performance Specification 17 (PS-17),
Quality Assurance (QA] Procedure 4,
and amendments to Appendix F, QA
Procedure 1. Performance Specification
17 and QA Procedure 4 apply to
continuous parameter monitoring
systems (CPMS). Many of the rules
promulgated under 40 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis, Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of Appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) that measure a single
pollutant. The proposed amendments to
QA Procedure 1 broadens the
procedure to address the unique
requirements of GEMS that are used for
monitoring multiple pollutants.
Because several of the regulations
promulgated under 40 CFR part 63
require multiple pollutant GEMS, 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
NPRM
Data
12/00/01
FR Cite
Small Entitles Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4584
Sectors Affected: 21 Mining; 22
Utilities; 31-33 Manufacturing; 486
Pipeline Transportation; 562212 Solid
Waste Landfill; 562213 Solid Waste
Combustors and Incinerators
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, MD-19
Phone: 919 541-5635
Fax; 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AJ86
3455. • BENZENE WASTE
OPERATIONS NESHAP;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7626
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: This amendment will add a
compliance option for tanks, making
the Benzene Waste Operations NESHAP
consistent with the RCRA CC rules.
Hazardous waste treatment facilities
have requested these amendments
because they must comply with both
rules. There will be no cost as a result
of this action and there is no emission
reduction. We expect no negative
impacts on small businesses and
State/local/tribal governments. Industry
and government support this change.
Timetable:
Action
Date FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4591
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
562211 Hazardous Waste Treatment
and Disposal
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, MD-13, Washington, DC
20460
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ87
3456. • PROPSED AMENDMENTS TO
PERFORMANCE STANDARDS AND
MONITORING REQUIREMENTS FOR
PARTICULATE MATTER AT
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 app B; 40
CFR 60 app F
Legal Deadline: None
Abstract: This action would repropose
some monitoring specifications that
were originally included in an OSWER
proposal to regulate air emissions from
hazardous waste combustors (as
explained further below). It revises
several standards and requirements
related to continuous emission
monitoring systems for particulate
matter (PM). These include:
specifications and test procedures
known as Performance Specification 11
(PS-11), and quality assurance
requirements known as "Procedure 2".
The proposed revisions clarify and
update performance standards and
'monitoring requirements for facilities
required to install and use continuous
monitoring equipment to measure
particulate matter emissions from
stacks and ducts. The action does not
change any emission standards or add
any additional recordkeeping
requirements. This action is a
supplement to actions by EPA's
OSWER that included proposed
regulations for hazardous waste
combustors. The first action was
published in the Federal Register on
December 30, 1997 (62 FR 67788).
Recent OAR field studies have revealed
needed revisions to PS-11 and
Procedure 2. In view of the significant
amount of time that has passed since
the last proposal was published
(December 30, 1997) and the significant
amount of knowledge we have recently
gained from our field studies, we
believe that a supplemental proposal
and another opportunity for the public
to comment on PS-11 and Procedure
2 are appropriate. The need to do this
reproposal only recently became
evident, and we apologize for the short
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62296
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
time between tiering and the expected
proposal date.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4605
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Daniel Bivins,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-5244
Fax: 919 541-1039
Email: bivins.dan@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation
Phone: 919 541-7774
Fax: 919 541-1039
RIN: 2060-AJ88
3457. • CONTROL OF EMISSIONS
FROM SPARK IGNITION MARINE
VESSELS AND HIGHWAY
MOTORCYCLES
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 7401 to
7671(q)
CFR Citation: 40 CFR 94
Legal Deadline: None
Abstract: EPA is pursuing brand new
evaporative controls on vessels
powered up by spark ignition engines,
EPA is also developing tighter
standards for highway motorcycles.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
09/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4626
Split from RIN 2060-AIll.
Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 335312
Motor and Generator Manufacturing;
42183 Industrial Machinery and
Equipment Wholesalers
Agency Contact: Alan Stout,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epamail.epa.gov
Don Kopinski, Environmental
Protection Agency, Air and Radiation,
QMS EPCD, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
RIN: 2060-AJ90
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3458. 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
•NPRM
Final Action
09/08/99 64 FR 48731
12/00/01
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.htm.; Formerly listed as RIN
2060-AF42,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1999/September/Day-
08/a23277.htm
Agency Contact: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AA01
3459. NEW SOURCE REVIEW (NSR)
IMPROVEMENT
Regulatory Plan: This entry is Seq. No,
139 in part II of this issue of the
Federal Register.
RIN: 2060-AE11
3460. NSPS: SYNTHETIC ORGANIC
CHEMICALS MANUFACTURING
INDUSTRY - WASTEWATER (FINAL) &
AMEND. TO APPENDIX C OF PART 63
& APPENDIX J OF PART 60
Priority: Other Significant
Legal Authority: CAAA
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.
Timetable:
Action
Date FR Cite
NPRM
SuppNPRM-1st
09/12/94 59 FR 46780
10/11/95 60 FR 52889
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62297
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
Timetable:
SuppNPRM-2nd
Appendix J to Part
60
Final Action
12/09/98 63 FR 67988
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380
Supp NPRM-2nd-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/December/Day-
09/a28472a.htm
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Tom Kissell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3461. NESHAP: PETROLEUM
REFINERIES; CATALYTIC CRACKING
UNITS, CATALYTIC REFORMING
UNITS AND SULFUR RECOVERY
UNITS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
PL 101-549, 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop national emission standards for
hazardous air pollutants (NESHAPs).
EPA promulgated NESHAP rules for
petroleum refineries on August 18,
1995 (RIN 2060-AD94). This action
covers three process vents not covered
under RIN 2060-AD94. These are the
catalyst regeneration vents from fluid
catalytic cracking units (FCCU) and
catalytic reformers and the tail gas
vents from sulfur recovery plants.
Action
Date FR Cite
NPRM 09/11/98 63 FR 48889
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3549
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/September/Day-
Il/a23508.htm
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, MD-13, Washington, DC
20460
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas,bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt,ken@epa.gov
RIN: 2060-AF28
3462. 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 740l(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601 [a]
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AF83
3463. SERVICE INFORMATION
REGULATION FOR LIGHT-DUTY
VEHICLES AND TRUCKS.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521(m)
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This rule will require
manufacturers of automobiles to
provide necessary information needed
to make use of emission control
diagnostic systems as well as that
needed to make emission-related
diagnosis and repairs by any person
engaged in the repairing or servicing
of motor vehicles or motor vehicle
engines. This will allow independent
service repair garages, individual
owners, parts manufacturers, etc., to
have access to emission control
information to better service
automobiles and ensure clean air
compliance requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/08/01 66 FR 30830
03/00/02
NPRM
Final Action
11/22/93 58 FR 61639
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3741
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AG13
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62298
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3464. 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
NPRM
Final Action
Date
12/08/97
12/00/01
FR Cite
62 FR 64532
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
3465. NESHAP; CELLULOSE
PRODUCTION MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants [NESHAPs) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing cellulose ether,
carboxymethyl cellulose ether, methyl
cellulose ether, cellulose food casing,
cellulosic sponges, producing rayon,
and producing cellophane. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, product
washing operations, material storage
tanks, and film drying.
Timetable:
Action
Date FR Cite
NPRM 08/28/00 65 FR 52166
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No .
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3970
Project combined with SAN 3963
Sectors Affected: 325221 Cellulosic
Organic Fiber Manufacturing; 326113
Unsupported Plastics Film and Sheet
(except Packaging) Manufacturing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH11
3466. CONSOLIDATED EMISSIONS
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 51.321 to 51.323
Legal Deadline: None
Abstract: Three sections of the Clean
Air Act and its amendments require
State agencies to report emission
estimates to EPA. Some of these
sections contain obsolete wording,
inconsistent instructions, and duplicate
reporting requirements. This rule will
consolidate the requirements into one
area, eliminate obsolete wording,
eliminate duplicate reporting
requirements, and provide options for
collecting and reporting data. There
will be no impact on small businesses.
State agencies will report point, area,
and mobile source emissions statewide.
State agencies will also report fine
particulate matter and its precursors.
The rule will provide for flexibility in
collecting and reporting data.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/23/00 65 FR 33268
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3986
Agency Contact: William B.
Kuykendal, Environmental Protection
Agency, Air and Radiation, MD-14,
Research Triangle Park, NC 27711
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
RIN: 2060-AH25
3467. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING LOW-
EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the terra
dedicated fuel system, broaden the
criteria for engine families, and provide
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62299
EPA—Clean Air Act (CAA)
Final Rule Stage
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:
Timetable:
Action
Date FR Cite
Action
NPRM
Notice
Final Action
Date
07/20/98
05/14/99
12/00/01
FR Cite
63 FR 38767
64 FR 26410
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4030
Agency Contact: Sam Napolitano,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20640
Phone: 734 214-4310
Email: sam.napolitano@epa.gov
RIN: 2060-AH52
3468. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: There are currently 25 active
domestic coke plants, 20 of which are
furnace coke plants and 5 of which are
foundry coke plants. Coke oven
batteries used to produce metallurgical
coke at these plants emit hazardous air
pollutants (HAPs) such as coke oven
emissions and polycyclic organic
matter listed in section 112 of the Clean
Air Act (CAA). This action will
establish a National Emission Standard
for Hazardous Air Pollutants (NESHAP)
for three specific operations associated
with coke ovens, namely pushing,
quenching, and battery stacks.
07/03/01 66 FR 35326
05/00/02
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH55
3469. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT & EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 82.5(h); 40 CFR
82.6(h); 40 CFR 82.8; 40 CFR 82.4(n]-
(s); 40 CFR 82.4(u)
Legal Deadline: None
Abstract: The Stratospheric Protection
Division currently oversees an
allowance allocation system for the
class I ozone-depleting substances. An
allowance allocation system for class II
ozone-depleting substances or
hydrochloroflurocarbons (HCFCs) had
not been established prior to 1998
because consumption figures had
hovered around 80% of the cap
imposed by the Montreal Protocol in
1992. The HCFC consumption figures
for 1999 indicate that the US is within
95% of the cap; the figures for 2000
were in the low 90s. Since the US is
in danger of violating this cap if high
HCFC consumption rates continue into
2001, the system for allocating
allowances must be in place as soon
as possible in order to control HCFC
consumption for all four quarters of
2002.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
04/04/99 64 FR 16373
07/20/01 66 FR 38064
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4120
Additional deadline: Montreal Protocol.
The Protocol requires compliance with
formulary caps of all Parties'
consumption and production of HCFCs.
The ANPRM and the NPRM are
available on the Internet at:
http://www.epa.gov/ozone/
title6/phaseout/phaseout.html
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AH67
3470. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the polyvinyl chloride industry, to
be promulgated by November 15, 2000.
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62300
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM 12/08/00 65FR76958
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4114
Agency Contact: Warren Johnson Jr.,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH82
3471, PHASE 1 FEDERAL
IMPLEMENTATION PLANS (FIPS) 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, EPA
is required to promulgate FIPs by
January 25.
NPRM, Statutory, 2003 unless States
submit approvable plans.
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases. The
intended effect is to reduce the
transport of ozone (smog) pollution and
one of its main precursors — NOx —
across State boundaries in the eastern
half of the United States. On October
27, 1998, EPA published a final rule
(the NOx SIP Call) which allowed
States 12 months to develop, adopt,
and submit revisions to their State
Implementation Plans (SIPs) to address
the transport problem. The
Administrator is required to promulgate
a FIP within 2 years of: (l) finding that
a State has failed to make a required
submittal or (2) finding that a submittal
is not complete or (3) disapproving a
SIP submittal. On June 22, 2000, the
D.C. Court of Appeals assigned a new
SIP submittal date of October 30, 2000.
Eleven States (Virginia, West Virginia,
Alabama, Kentucky, North Carolina,
South Carolina, Tennessee, Illinois,
Indiana, Michigan, and Ohio) and the
District of Columbia had not-submitted
adequate SIPs, as announced in a
findings rule published on December
26, 2000. EPA is continuing to work
with these States to assist them in
adopting State plans that meet the
requirements of the NOx SIP Call; 4
States and D.C. recently submitted fully
approvable plans. (Note: The FIPs
discussed here will apply to all
elements of the NOx SIP call that were
not remanded to EPA by the court on
March 3, 2000. The portions of the SIP
call that were remanded to EPA will
be covered under Phase 2 SIPs, and if
necessary, separate FIP actions will be
prepared for those,)
Timetable:
Action
Date FR Cite
NPRM
Findings Rule
Final Action
10/21/98 63 FR 56393
12/26/00 65 FR 81366
12/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4096
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/October/Day-21/a26431.htm
Findings
Sectors Affected: 322122 Newsprint
Mills; 322121 Paper (except Newsprint)
Mills; 32213 Paperboard Mills; 32211
Pulp Mills; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 325131 Inorganic Dye
and Pigment Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325211 Plastics
Material and Resin Manufacturing;
32511 Petrochemical Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing; 32512
Industrial Gas Manufacturing; 325199
All Other Basic Organic Chemical
Manufacturing; 327211 Flat Glass
Manufacturing; 327213 Glass Container
Manufacturing; 327212 Other Pressed
and Blown Glass and Glassware
Manufacturing; 32731 Cement
Manufacturing; 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills; 331221 Cold-Rolled Steel Shape
Manufacturing; 33611 Automobile and
Light Duty Motor Vehicle
Manufacturing; 333618 Other Engine
Equipment Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 221122 Electric Power
Distribution; 221112 Fossil Fuel
Electric Power Generation; 221121
Electric Bulk Power Transmission and
Control; 48621 Pipeline Transportation
of Natural Gas; 221122 Electric Power
Distribution; 221112 Fossil Fuel
Electric Power Generation; 221121
Electric Bulk Power Transmission and
Control; 22133 Steam and Air-
Conditioning Supply
Agency Contact: Doug Grano,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
Jan King, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
RIN: 2060-AH87
3472. NESHAP: WET-FORMED
FIBERGLASS MAT PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
1, 2001.
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPsJ listed in section
112(bJ of the CAA and to establish and
meet dates for promulgation of
emission standards for each of the
listed categories of HAP emissions
sources. The wet-formed fiberglass mat
production industry is not included in
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62301
EPA—Clean Air Act (CAA)
Final Rule Stage
the initial list of categories for
standards development but information
available to the Administrator suggests
that the industry is a major source of
HAP emissions and, as such, emission
standards shall be developed for this
industry. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the wet-formed
fiberglass mat production industry may
be reasonably expected to emit one of
the pollutants listed in section 112(b)
of the CAA. The purpose of this action
is to pursue a regulatory development
program such that emission standards
may be promulgated for this industry.
Emission standards for this industry
were proposed on May 26, 2000.
Timetable:
Action
Date FR Cite
NPRM 05/26/00 65 FR 34278
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4082
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
BIN: 2060-AH89
3473. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION ON THE 610
NONESSENTIAL PRODUCTS BAN
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-767l(q)
CFR Citation: 40 CFR 82(C)
Legal Deadline: None
Abstract: This action extends the
current class I ban on the sale and
distribution of nonessential uses of
ozone-depleting substances where
sufficient substitutes are already readily
available. As part of the initial 1993
rulemaking, EPA banned the use of
ozone-depleting substances in aerosols,
pressurized dispensers, and foams
where substitutes were available. Since
that rulemaking was issued, the
phaseout of production and
consumption of class I substances has
become effective and the Significant
New Alternatives Policy (SNAP)
Program under section 612 has been
promulgated. The phaseout of newly
manufactured class I substances and
the identification of new acceptable
substitutes for both class I and class
II applications provide compelling
reasons to reconsider the initial
decisions regarding both product-
specific exemptions and the decision to
limit the ban's effect on major sectors
that traditionally used ozone-depleting
substances. Most domestic
manufacturers have already
incorporated the non-ozone-depleting
substances in their products. The
continued availability and use of
ozone-depleting substances in parts and
products manufactured abroad, which
are sold or incorporated into larger
products that are then sold into
interstate commerce in the United
States, negatively affects the
competitiveness of domestic
manufacturers who use substitute
substances in their production.
Therefore, it is appropriate to
reconsider the applicability of the class
I ban to both specific products and
.product categories. Amending these
requirements would limit the potential
use of ozone-depleting substances in
applications where substitutes are
available and thus, further protect the
stratospheric ozone layer.
Timetable:
Action Date FR Cite
NPRM 06/14/99 64 FR 21772
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4077
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9729
Fax: 202 565-2095
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3474. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-767lq
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: The definition of VOC is
proposed to be revised to add tertiary
butyl acetate to the list of negligibly
reactive compounds. This is a
deregulatory action that will remove
tertiary butyl acetate from the necessity
to be controlled as a VOC in SIPs for
attaining the ozone standard. This is
not expected to have a significant
impact on small businesses or local
governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/30/99 64 FR 52731
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Diane McConkey, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5588
Fax: 202 564-5603
Email: mcconkey.diane@epa.gov
RIN: 2060-AI45
3475. REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF STATE
IMPLEMENTATION PLANS
(GUIDELINE ON AIR QUALITY
MODELS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
sec 110(a)(2); CAAA sec 165(e); CAAA
sec 172(aj; CAAA sec 172(c); 42 USC
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62302 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
7601 CAAA sec 301(a](l); CAAA sec
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 proposes
revisions to the Guideline on Air
Quality Models, published as appendix
W to 40 CFR part 51. Such models are
used to predict ambient concentrations
of pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. Appendix W to 40 CFR part
51 fulfills a Clean Air Act mandate for
EPA to specify models for air
management purposes. This proposed
rulemaking enhances appendix W with
new and/or improved techniques.
Timetable:
Action Date FR Cite
NPRM 04/21/00 65FR21505
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3470
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, MD-14, Research
Triangle Park, NC 27711
Phone: 919 541-0832
RIN: 2060-AF01
3476. NESHAP: PRIMARY COPPER
SMELTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The primary copper smelting
industry is known to emit a number
of the hazardous air pollutants listed
in section 112 of the Clean Air Act.
The industry is comprised of seven
smelters located in four states. All have
extensive control systems for oxides of
sulfur and HAPs. However, fugitive
emissions may cause several smelters
to exceed major source levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/26/00 65 FR 39326
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3340
NPRM-
http: //www. ep a. go v/fedrgstr/EP A-
AIR/1998/April/Day-20/al0142.htm
Agency Contact: Eugene Grumpier,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.eugene@epa.gov
Al Verveart, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE46
3477. NESHAP: INTEGRATED IRON
AND STEEL
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended November 1990, requires the
EPA to regulate categories of major and
area sources of hazardous air pollutants
(HAP). The EPA has determined that
integrated iron and steel mills emit
several of the 188 HAP listed
(including compounds of chromium,
lead, manganese, toluene, and
polycyclic organic matter) in quantities
sufficient to designate them as major
sources. As a consequence, integrated
iron and steel facilities are among the
HAP-emitting source categories selected
for regulation.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/13/01 66 FR 36836
05/00/02
Action
Date
FR Cite
NPRM
04/20/98 63 FR 19582
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3346
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RiN: 2060-AE48
3478. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Project is to develop a
NESHAP for the source category which
involves the manufacture of composite
products involving thermoset resins
and re-enforcements. Some of the
specific products in the source category
are tubs/showers, auto/truck parts,
appliances, furniture, piping,
construction materials, sporting goods
using such materials, and intermediate
compounds such as bulk molding
compound and sheet molding
compounds. The most common HAP in
the resins used is styrene, which is
present in polyester and vinylester
resins as a monomer. Styrene is listed
as a candidate urban area source HAP.
So is methylene chloride, which is
sometimes used for cleaning, and
xylenes, which may appear in some
mold release formulas. All HAP, except
for methylene chloride, are also VOC's.
Timetable:
Action
Date
FR Cite
NPRM .
Final Action
08/02/01 66 FR 40324
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3326
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
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62303
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3470
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
3479. AMENDMENTS TO GENERAL
PROVISIONS SUBPARTS A AND B
FOR 40 CFR 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112; PL 101-549
CFR Citation: 40 CFR 63.1-15; 40 CFR
63.50-56
Legal Deadline: None
Abstract: The General Provisions
(subpart A) were promulgated on
March 16, 1994 (59 FR 12408). The
General Provisions create the technical
and administrative framework and
establish general procedures and
criteria for implementing MACT
standards. On May 16, 1994, six
litigants filed petitions for EPA to
review certain provisions of the General
Provisions. Subpart B, the procedures
for implementing section 112[j), was
promulgated on May 26, 1994. In June,
1994 litigants filed petitions for EPA
to review the promulgated procedures.
As a result of the litigation, it is
anticipated that a number of technical
and administrative amendments to
subpart A and B will be proposed.
Timetable:
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AF31
3480. NESHAP: PAINT STRIPPING
OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The EPA has determined that
paint stripping operations emit at least
one of the HAP's listed in section
112(b) of the Clean Air Act. As a result,
the source category was included on
the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Act. There are several emission
standards for other source categories
(for example, aerospace manufacturing
and wood furniture manufacturing) that
already address emissions from paint
stripping operations. We are currently
in the process of determining if there
are any other major sources of HAP
emissions from paint stripping
operations that are not already
regulated. Furthermore, HAP emissions
from paint stripping operations that are
area sources will be regulated in the
future as part of the urban air toxics
strategy.
Action
Date
FR Cite Timetable:
NPRM 03/23/01 66 FR 16318
NPRM Comment 05/22/01
Period End 60 day
period
Final Action 02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3551
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Action
Date
FR Cite
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3746
This action being addressed under SAN
3825, RIN 2060-AG56.
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG26
3481. NESHAP: TIRE
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This is a 10-year MACT
covering the HAP emissions from the
manufacturing of Rubber tires. The
emission sources associated with the
rubber compound mixing (banbury);
extruding calendaring; building; curing
and finishing are covered in this
MACT. Forty-one facilities have been
initially identified, This includes
approximately 35 facilities of at least
10 tpy and 26 facilities of at least 25
tpy. Emissions are primarily associated
with rubber processing and the use of
HAP-bearing solvent and cements.
Several facilities have eliminated
through substitution much of the HAP-
bearing solvent and cements. However,
evaluation of the MACT and separation
of the rubber processing emissions from
HAP-bearing solvents and cement will
reduce the number of affected facilities
to about 30. In addition, the tire cord
coating operations will also be
included. Typically these facilities are
separate non-colocated operations. The
major pollutant associated with tire
cord is formaldehyde. There are
approximately 12 affected major
facilities,
Timetable:
Action
Date
FR Cite
NPRM 10/18/00 65 FR 62414
FinalAction 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3749
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
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EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG29
3482. NESHAP: LARGE APPLIANCE
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of large appliance
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of large
appliances, a measure required by
section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/22/00 65FR81133
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3323
Sectors Affected: 335222 Household
Refrigerator and Home Freezer
Manufacturing; 335221 Household
Cooking Appliance Manufacturing;
335228 Other Major Household
Appliance Manufacturing; 336391
Motor Vehicle Air-Conditioning
Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 335212
Household Vacuum Cleaner
Manufacturing; 333298 All Other
Industrial Machinery Manufacturing;
335224 Household Laundry Equipment
Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: daillynn@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne,dianne@epa.gov
RIN: 2060-AG54
3483. NESHAP: METAL COIL
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal coil surface
coating industry. The Agency will
study what pollutants are emitted and
evaluate the control techniques,
including pollution prevention, that are
used to reduce these emissions. The
Agency will also determine what, if
any, impact the rule would have on
small businesses.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/18/00 65 FR 44616
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3905
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-5689
Email: jones.rhea@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: hyrne.dianne@epa,gov
RIN: 2060-AG97
3484. NESHAP: LEATHER FINISHING
OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
1, 2001.
Abstract: Title III of the Clean Air Act
requires EPA to develop air emission
standards for facilities that emit any of
the 189 hazardous air pollutants. This
action will develop a MACT standard
for sources involved in leather finishing
operations. Facilities involved in these
operations release over 1.7 million
pounds of hazardous air pollutants per
year. Regulation of these facilities will
result in a reduction of the emissions
of hazardous air pollutants, several of
which are highly toxic.
Timetable:
Action
Date
FR Cite
NPRM 10/02/00 65 FR 58702
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3964
Sectors Affected: 31611 Leather and
Hide Tanning and Finishing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH17
3485. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA sec
203; 42 USC 7525 CAA sec 206; 42
USC 7541 CAA sec 207; 42 USC 7542
CAA sec 208; 42 USC 7601 CAA sec
301; 42 USC 7522 CAA sec 203; 42
USC 7550 CAA sec 216; 42 USC 7601
CAA sec 301
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62305
EPA—Clean Air Act (CAA)
Final Rule Stage
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: (I) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States
(2] establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date
FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
FinalAction 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2665
Agency Contact: Len Lazarus,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 564-9281
RIN: 2060-AI03
3486. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CAA sec 608
CFR Citation: 40 CFR 82 subpart F
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
including small appliances. The rule
also addresses the transfers of
unreclaimed refrigerant between
majority-owned and majority-controlled
subsidiaries.
Timetable:
Action
NPRM1
NPRM
Final Action
Date FR Cite
02/29/96 61 FR7858
11/01/96 61 FR 56493
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3556
Additional SANs 3895, 3896. This rule
will address a potential adoption of a
more flexible method for cleaning
refrigerants for refrigerant transferred
between appliances with different
ownership with a potential adoption of
a 3rd party certification program for
labs.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AF36
3487. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING RULE
AMENDMENT TO INCLUDE
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
42 USC 7671(g] CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This action would facilitate
fulfillment of the statutory mandate to
apply the venting prohibition to
substitute refrigerants. The action
would provide regulations covering
recovery/re cycling equipment,
recovery/recycling practices, and
applicable certifications that would be
required to accomplish compliance
with the venting prohibition.
Requirements would parallel those of
the current section 608 regulations,
expanding applicability, where
appropriate, to substitute refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/11/98 63 FR 32044
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3560
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/June/Day-ll/al5003.htm
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AF37
3488. PAPER AND OTHER WEB
COATING NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59; 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would result in
the reduction of hazardous air
pollutants (HAPs) emitted by the paper
and other web coating industries. The
Agency will study the various HAP and
VOC pollutants emitted by the industry
and will evaluate pollution prevention
and control techniques which can
reduce these emissions.
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62306
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM
Final Action
09/13/00 65 FR 55332
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3827
Sectors Affected: 322211 Corrugated
and Solid Fiber Box Manufacturing;
322212 Folding Paperboard Box
Manufacturing; 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
322223 Plastics, Foil, and Coated Paper
Bag Manufacturing; 323111 Commercial
Gravure Printing; 323116 Manifold
Business Form Printing
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
R1N: 2060-AG58
01/26/00 65 FR 4244
12/00/01
3489. 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:
Notice
Final Action
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: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AAOO
3490. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYNAIDE AND SPANDEX
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
1, 2001.
Abstract: Several of the source
categories that are subject to MACT
(maximum achievable control
technology) standards contain only a
few sources (e.g., less than five). For
such categories, EPA plans to develop
a generic MACT standard for these
source categories. Given the relatively
few affected sources caught by the
generic standard, the overall cost and
environmental effects of this action are
expected to be small, nationally.
Timetable:
Action
Date FR Cite
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email; morris.mark@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email; lassiter.penny@epa.gov
RIN: 2060-AH68
3491. NESHAP FOR ETHYLENE OXIDE
COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The proposed amendments
will correct technical problems
associated with both the emission
limits (because of safety issues) and the
compliance testing and monitoring
requirements.
Action
Date
FR Cite
NPRM
09/08/99 64 FR 48725
NPRM 12/06/00 65 FR 76408
Final Action 02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4105
Sectors Affected: 325182 Carbon Black
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
Timetable:
Action
NPRM
Final Action
Date
03/06/01
12/00/01
FR Cite
66 FR 13464
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4316
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI64
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda 62307
EPA—Clean Air Act (CAA)
Final Rule Stage
3492. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS (E.G.,
MEK, EGBE, METHANOL, AND MIBK)
FROM SECTION 112(B)(1) OF THE
CAA
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112(bK3)
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received 4
petitions to remove certain pollutants
(i.e., methanol, methyl ethyl ketone,
ethylene glycol butyl ether, and methyl
isobutyl ketone) from the list of
hazardous air pollutants (HAPs) under
Section 112(b) of the Clean Air Act.
The Agency must review the petitions
and either grant or deny the petition
within 18 months of the date the
complete petition was received. If the
Agency grants a petition, a notice of
proposed rulemaking will be published
in the Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under Section 112(c) and H2(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Timetable:
Action
Date
PR Cite
Denial Notice: 05/02/01 66 FR 21929
Methane! Petition --
Final Action
Final Actions on the 07/00/02
Other 3 Petitions
Are Expected by
This Date
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected; No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4313
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5~36~8 ...........
RIN: 2060-AI72
3493. AMEND SUBPART H AND I, 40
CFR PART 61, FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112(g] (q); PL 95-95
CFR Citation: 40 CFR 61.93(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 61 establish limits, under the
Clean Air Act, for radionuclide
emissions (other than radon) from
Department of Energy (DOE) and other
non-DOE federal facilities. These
Subparts require emission sampling,
monitoring, and calculations to identify
compliance with the standard. The
current air sampling methodology
required by the standards is embodied
in ANSI-N13. 1-1969, a consensus
guidance document that is incorporated
by reference in EPA's standards. That
guidance was updated in 1999, and
contains new technical
recommendations (that differ from the
1969 version) for obtaining
representative air samples. In this rule,
EPA is updating subparts H and I to
incorporate the new sampling guidance,
ANSI-N13. 1-1999, and require its use
for new facilities and for those
undergoing significant changes to
ventilation systems. Existing facilities
will be allowed to continue sampling
in accordance with the current
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/09/00 65 FR 29934
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
and Radiation, 6608], Washington, DC
20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN:. 206Q-AI90_ -
3494. REVISION TO METHOD 24 FOR
ELECTRICAL INSULATING
VARNISHES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to revise Method 24 to allow the use
of American Society for Testing and
Materials' Method D6053-96 to measure
the volatile organic content of electrical
insulating varnishes. Method 24 as
currently written is not applicable to
these types of coatings. This action will
ensure consistency in testing these
coatings for determining compliance
with current regulations. We do not
anticipate any impact on small business
or State/local/tribal governments.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4299
Agency Contact: Candace B, Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
RIN: 2060-AI94
3495, NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 41 USC 7401 et seq
-------
62308
Federal Register/Vol. .66, No. 232/Monday, December 3, 2001 /Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA)
requires development of emission
standards for major sources emitting
any of the hazardous air pollutants
(HAP) listed in section 112(b) of the
CAA. The EPA is proposing a rule to
reduce emissions of toxic air pollutants
from flexible polyurethane foam
fabrication operations. Toxic air
pollutants, or air toxics, are those
pollutants known, or suspected, to
cause cancer and other serious health
problems. This proposal focuses on
reducing air toxics emitted from two
foam fabrication emission sources: 1)
loop slitter adhesive use, which
includes processes that use adhesives
to bond foam to foam or to other
substrates (i.e., cloth, foam, plastic, and
other materials) using scorched or
melted foam.
Timetable:
Action
NPRM
Final Action
Date FR Cite
08/08/01 66 FR 41 71 8
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4449
Agency Contact: Maria Noell,
Environmental Protection Agency, Air-
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ19
3496. PROTECTION OF
STRATOSPHERIC OZONE: PHASEOUT
OF CHLOROBROMOMETHANE
(HALON 1011) PRODUCTION AND
CONSUMPTION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 31, 2001, See additional
information.
Abstract: EPA is amending its
regulations for the production and
import of ozone-depleting substances
(ODSs). Through this action, EPA
implements certain amendments made
in 1999 (Beijing Amendments) to the
Montreal Protocol (Protocol). This
action implements the elements of the
Beijing Amendments that add control
measures for the chemical
chlorobromomethane (CBM). Consistent
with the Beijing Amendments, this
action adds CBM to the list of
substances addressed by production
and consumption controls of both the
Montreal Protocol and EPA's
regulations under the Clean Air Act
Amendments of 1990 (CAAA). The
action creates a new group of class I
substances, places CBM in this new
group, and, consistent with the Beijing
Amendments, designates the value of
CBM's "ozone depleting potential"
(OOP) as 0.12. This action establishes
a phaseout of CBM production and
import to be effective as of January 1,
2002. No allowances for production of
CBM to meet "basic domestic needs"
of Article 5 countries are provided in
this action. Consistent with the Beijing
Amendments, the action also bans trade
in CBM with countries which are not
parties to or in compliance with the
Beijing Amendments. This action
imposes recordkeeping and reporting
requirements associated with
production, import, export, destruction,
transhipment, essential uses and
feedstock uses of CBM, but these
requirements would not become
effective until EPA's information
collection request has been finalized.
The ban does not apply to CBM
production for use as a feedstock or for
destruction. The ban also does not
apply to CBM imports for use as a
feedstock or for destruction, or to CBM
imports of transhipments and heels, as
long as those imports are from
countries that are a party to or in
compliance with the Beijing
Amendments.
Timetable:
Additional Information: SAN No. 4428
Statutory Legal Description: The
Montreal Protocol as amended (1999)
requires CBM to be phased out
beginning 1/1/02. Therefore the U.S.
intends to issue a direct final rule by
12/31/01.
Sectors Affected: 115114 Postharvest
Crop Activities (except Cotton
Ginning); 3112 Grain and Oilseed
Milling; 322 Paper Manufacturing; 325
Chemical Manufacturing; 3333
Commercial and Service Industry
Machinery Manufacturing
Agency Contact: Lisa Chang,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9742
Fax: 202 565-2096
Email: chang.lisa@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ27
3497. NESHAP FOR SOURCE
CATEGORIES: PHOSPHORIC ACID
MANUFACTURING AND PHOSPHATE
FERTILIZERS PRODUCTION —
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549 sec 112
CFR Citation: 40 CFR 63 subparts AA
toBB
Legal Deadline: None
Abstract: The rules are being amended
to resolve specific issues and questions
raised after promulgation. The changes
do not change the projections for
environmental benefits, compliance
costs, burden on industry, or the
number of affected facilities. There are
no impacts on small businesses, State,
local, or tribal governments. These
amendments do not raise any cross-
media issues.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Action
Date
FR Cite
Direct Final Rule 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62309
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 4442
Agency Contact: Tanya Medley,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5422
Fax: 919 541-5600
Email: ...medley .tanya@epa.gpv
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
MD-15
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epa.gov
BIN: 2060-AJ31
Additional Information: SAN No. 4478
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Michele Laur,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ29
3498. GUIDELINES FOR BEST
AVAILABLE RETROFIT TECHNOLOGY
(BART)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 app Y (New)
Legal Deadline: None
Abstract: To meet the Clean Air Act's
requirements, final regional haze
regulations were published in the
Federal Register on July 1, 1999 (64 FR
35714). These regulations include, in
section 51.308(e), a requirement for best
available retrofit technology (BART) for
certain types of existing stationary
sources of air pollutants. In the
preamble to regional haze rule, we
committed to issuing further guidelines
to clarify the BART requirements. The
purpose of this rulemaking is to
provide those BART guidelines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/20/01 66 FR 38108
07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4450
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, MD 15, Research
Triangle Park, NC 27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epa.gov
3499. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(O; 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 to pipeline quality
natural gas. 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. There
are no internal issues involved with the
proposed amendment, and we
anticipate no significant adverse
reaction related to this action from
regulators or environmentalists.
Industry may comment on the landfill
gas treatment language but in general
supports the amendments.
Timetable:
Action
Date
FR Cite
Final Action NSPS: 12/00/01
Municipal Solid
Waste Landfills
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Plume. 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ41
3500. REVISIONS TO THE PART 97
FEDERAL NOX BUDGET TRADING
PROGRAM, THE PART 75 EMISSIONS
MONITORING PROVISIONS, THE
PART 72 PERMITS REGULATION
PROVISIONS, AND THE PART 78
APPEAL PROCEDURES
Priority: Other Significant
Legal Authority: 42 USC 7601; 42 USC
7651 et seq; 42 USC 7401; 42 USC
7403:; 42 USC 7426
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (Revision)
Legal Deadline: None
Abstract: The purpose of these
proposed revisions is to modify existing
procedures for monitoring and
reporting NOx and SO2 emissions for
sources affected by the Acid Rain
Program, the Federal NOx Budget
Trading Program, and the October 27,
1998 NOx SIP call. The proposed
changes will: streamline part 75 by
removing outdated provisions and give
electricity generators added flexibility
with the monitoring and reporting
requirements; tighten the calibration
error limit for some units to be more
in line with industry's current accepted
technical specifications; make technical
corrections and changes necessary to
correct printing, typographical, and
grammatical errors in existing rules;
and correct/clarify cross references
between the subject Parts to ensure
consistency among the rules.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/13/01 66 FR 31978
12/00/01
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Regulatory Flexibility Analysis Timetable:
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4538
Split from RIN 2060-AJ30.
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Gabrielle Stevens,
Environmental Protection Agency, Air
and Radiation, 6204N
Phone: 202 564-2681
Email: stevens.gabrielle@epa.gov
RIN: 2060-AJ43
3501. FEDERAL PLAN FOR SMALL
MUNICIPAL WASTE COMBUSTION
UNITS
Priority: Substantive, Nonsignificant
Legal Authority: 1990 Amendments to
the Clean Air Act; sections lll(d) 129
and 301(a)(d)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 directed the EPA
to set emission guidelines for existing
municipal waste combustion units
(MWCs) under sections 111 and 129.
On 12/19/95, the EPA adopted
emission guidelines for MWCs under
the authority of sections lll(d) and 129
of the Clean Air Act. These emission
guidelines covered all MWC units
located at plants with an aggregate
plant combustion capacity larger than
35 tons per day of municipal solid
waste. Subsequent litigation cancelled
the emission guidelines for small MWC
units, but the Court directed EPA to
adopt a new rule for small MWC units.
This rule was adopted on December 6,
2000. This action is a follow-on activity
to this rulemaking. In this proposed
MWC Federal Plan for small units, EPA
becomes the implementing authority in
those instances where the state or local
agency fails to submit a plan or a plan
has not yet been approved. This action
makes no changes to the rule and is
intended to fulfill EPA's duty under
pection 129[b)(3) to promulgate a
Federal Plan as a gap-filling measure
until the State fulfills its statutory
obligations. When the State submits an
approvable State plan, the Federal plan
will no longer apply to units in the
State.
Date
FR Cite
NPRM 06/14/01 66 FR 32484
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 4454
About half the small municpal waste
combustor owners are local
governments.
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AJ46
3502. SECTION 126 RULE REVISION
CORRECTING NOX ALLOWANCE
ALLOCATIONS FOR CERTAIN UNITS
IN THE FEDERAL NOX BUDGET
TRADING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7403; 42 USC 4726; 42 USC 7601
CFR Citation: 40 CFR 95.42(g)(2); 40
CFR 97.43(c)[9](new); 40 CFR 97.43(a)
Legal Deadline: Final, Judicial,
September 15, 2001, Deadline for
signing of final rule under settlements
of litigation.
Abstract: These rule revisions will
correct NOx allowance allocations for
certain units in the Federal NOx Budget
Trading Program under section 126 of
the Clean Air Act. Most of the
corrections are under settlement
agreements between EPA and owners
of the units. The rule revisions also
propose to authorize the Administrator
to make similar corrections in the
future by order, rather than by rule.
Timetable:
Agency Contact: Dwight C. Alpern,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9151
Fax: 202 564-2141
Email: alpern.dwight@epa.gov
Kevin Culligan, Environmental
Protection Agency, Air and Radiation,
6204J
Phone: 202 564-9172
Fax: 202 564-2141
Email: culligan.kevin@epa.gov
RIN: 2060-AJ47
3503. STANDARDS OF
PERFORMANCE FOR NEW SOURCES
AND EMISSION GUIDELINES FOR
EXISTING SOURCES: LARGE
MUNICIPAL WASTE COMBUSTORS
AMENDMENT OF STARTUP,
SHUTDOWN, AND MALFUNCTION
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7429
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This direct final action will
amend the provisions limiting startup,
shutdown, and malfunction to 3 hours
per occurrence to provide more time
for shutdown as a result of specific
malfunctions (i.e., waterwall tube
failure, grate failure, and combustion
air fan failure). This is a narrow
technical amendment responding to
new information, that came in after the
original rule was promulgated.
Timetable:
Action
Date FR Cite
NPRM 12/21/00 65 FR 80398
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No, 4491
Action
Date FR Cite
Direct Final Rule 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4507
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
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62311
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Final Rule Stage
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AJ52
3504. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: VOLAtrLE
ORGANIC LIQUID STORAGE
VESSELS; AMENDMENTS
3505. 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"tFSC 7545r4TUSC-7e0Tta)—
CFR Citation: 40 CFR 80.9l(b)(l)(i); 40
CFR 80.93(a)
Priority: Substantive, Nonsignificant LeSaI Deadline: None
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This direct final action
revises existing standards for Volatile
Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage
Vessels) by amending the storage vessel
volume applicability criteria and
adding a vapor pressure applicability
criterion. This is a narrow technical
amendment responding to new
information that came in after the
original rule was promulgated.
Timetable:
Action
Date
FR Cite
Direct Final Rule
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4508
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 42271
Petroleum Bulk Stations and Terminals
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ53
Abstract: The goal of the anti-dumping
program is to maintain gasoline quality
throughout the country. Without the
program, as refiners produce cleaner,
reformulated gasoline for certain
localities under the Clean Air Act, they
could take the chemicals removed and
"dump" them into supplies of
"ordinary" non-reformulated gasoline
as a cost-saving measure. The anti-
dumping program prohibits this. This
rule amends the existing anti-dumping
program to accommodate certain
refiners with unusual data problems.
Timetable:
Action
Date FR Cite
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4528
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202 564-5593
Fax: 202 564-5603
Email: simms.patrice@epa.gov
RIN: 2060-AJ59
3506. CHANGE IN THE DEFINITION OF
MAJOR SOURCE FOR OPERATING
PERMITS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.2
Legal Deadline: None
Abstract: This action would remove
the requirement for sources to count
fugitive emissions [such as equipment
leaks) when determining major source
status if they are in categories subject
to standards under section 111 or 112
promulgated after August 7, 1980.
Making this change removes
impediments to full approval of permit
programs in several States and
facilitates compliance with a settlement
agreement with environmental groups.
This action was proposed in 1994 and
reproposed in 1995, after which work
was stopped due to other priorities. It
is now being re-tiered because so much
time has elapsed since proposal.
Timetable:
Action
Date FR Cite
NPRM
NPRM
Final Action
08/29/94 59 FR 44460
08/31/95 60 FR 45529
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4529
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-3153
Email: vogel.ray@epa.gov
RIN: 2060-AJ60
3507. • CONTROL OF HAZARDOUS
AIR POLLUTANTS FROM MOBILE
SOURCES; 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)(l)
Legal Deadline: None
Abstract: This rule corrects a final
regulatory action which was published
in the Federal Register on March 29,
2001 (66 FR 17230). The correction
consists of restoring a paragraph that
was inadvertently omitted when the
final rule was published.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4554
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
Paul Cort, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-5573
Fax: 202 564-5603
Email; cort.paul@epa.gov
RIN: 2060-AJ67
3508. • CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES;
SECOND AMENDMENT TO THE TIER
2/GASOL1NE SULFUR REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7401
to 7521(1); 42 USC 752l(m) to 7671q
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: None
Abstract: This direct final rule (and
concurrent proposal) corrects, amends,
and revises certain provisions of the
Tier 2/Gasoline Sulfur regulations to
assist regulated entities with program
implementation and compliance. First,
it makes minor corrections to clarify
the regulations'governing compliance
with the gasoline sulfur standards.
Second, with respect to .the low sulfur
gasoline program, it removes the anti-
backsliding provision of the Geographic
Phase-in Area (GPA) program by
establishing a flat GPA gasoline
standard of 150 ppm sulfur. Third, it
amends certain provisions of the
Averaging, Banking, and Trading (ABT)
programs to assist domestic and foreign
refiners and importers in generating
sulfur credits and allotments. Fourth,
it clarifies and amends certain
downstream standards for parties in the
gasoline distribution system to assist
them with program compliance.
Finally, today's action makes minor
revisions to the regulations governing
compliance with the vehicle standards.
Timetable:
Action
Date
FR Cite
Direct Final Rule and 12/00/01
Concurrent NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4569
Sectors Affected: 336111 Automobile
Manufacturing; 336112 Light Truck and
Utility Vehicle Manufacturing
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4873
.Fax; 734 214-4051
Email: manners.mary@epa.gov
Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD
Phone: 734 214-4781
Fax: 734 214-4816
Email: moran.robin@epa.gov
RIN: 2060-AJ71
3509. • MODIFICATION OF THE ANTI-
DUMPING BASELINE DATE CUT-OFF
LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.9l(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:
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, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202 564-5593
Fax: 202 564-5603
Email: simms.patrice@epa.gov
RIN: 2060-AJ82
3510. • COMPILATION OF SOURCE-
SPECIFIC ALTERNATIVE METHODS
BEING APPROVED FOR SOURCE-
CATEGORY WIDE APPLICATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Sources have applied for
approval of alternative test methods for
use at their facility. The Agency has
approved these methods and issued
letters of approval to each requestor.
The Agency has determined that these
methods could be used at similar
sources, thus giving those sources an
alternative test method to the one cited
in the regulation. This action seeks to
publish these facility-specific approvals
in order to provide other facilities
within the source category the option
of using the alternative method.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Direct Final Rule
01/00/02
Direct Final Rule 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4548
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-0443
Fax: 919 541-1039
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62313
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: howell.rima@epa.gov
RIN: 2060-AJ84
3511. • STATE AND FEDERAL
OPERATING PERMITS PROGRAM:
REMOVAL OF AMENDMENTS TO
PART 70 AND PART 71 COMPLIANCE
--CERTIFICATION REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414a; 42
USC 7661 to 7661f
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Legal Deadline: None
Abstract: Action is in response to the
October 29, 1999, United States Circuit
Court of Appeals decision to remand
to EPA part of the October 22, 1997,
Compliance Assurance Monitoring
rulemaking that included revisions to
parts 70 and 71 compliance
certification requirements. The Court
ruled that the compliance certification
must address whether the affected
facility has been in continuous or
intermittent compliance.
Timetable:
Action
Date
FR Cite
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4600
Split from RIN 2060-AJ04
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, MD-M
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AJ89
3512. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION'S FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 740 to 7671q
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The proposed rule would
implement a project under the Project
XL program for the Andersen
Corporation facility located in Bayport,
Minnesota. The terms of the project are
defined in a draft Final Project
Agreement (FPA) which is being made
available for public review and
comment by the Federal Register
notice. The proposed site-specific rule,
applicable only to the Andersen
Bayport facility, would facilitate
implementation of the project. Through
the notice, EPA solicits comment on
the proposed rule, the draft FPA, and
the project generally. The proposed
site-specific rule is intended to provide
regulatory changes under the Clean Air
Act (CAA or the Act) to implement
Andersen's XL project, which will
result in superior environmental
performance and, at the same time,
provide Andersen with greater
operational flexibility. The proposed
site-specific rule would change some of
the CAA requirements which apply to
Prevention of Significant Deterioration
(PSD) program, in particular existing
synthetic minor limits that apply to
some VOC sources in the Bayport
facility. Synthetic minor limits are
operational and control limitations
which serve to limit the net emissions
increase associated with proposed new
or modified units or systems to less
than the applicable significance level
and thereby keep them out of PSD
review.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/19/99 64 FR 19097
12/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4278
Agency Contact: Nancy Birnbaum,
Environmental Protection Agency, '
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-2601
Fax: 202 401-6637
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA21
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3513. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
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.
The Agency does not anticipate any
significant impact on small businesses
and State/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees,scott@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
Additional Information: SAN No. 3922 RIN: 2060-AG92
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3514, ADDITION OF OPACITY
METHOD TO APPENDIX M OF 40 CFR
PART 51 (METHOD 203)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date PR Cite
NPRM
Final Action
10/07/92 57 FR 46114
12/00/02
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, MD-19, Washington, DC
20460
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
3515. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7410
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian country. Pursuant
to the Tribal Air Rule, eligible Indian
tribes may receive EPA authorization to
develop and implement such programs.
The Federal NSR permitting programs
would be effective throughout Indian
country and would be implemented by
EPA if eligible Indian tribes do not
elect, or do not receive authorization,
to manage such programs. The
proposed Federal minor NSR rule
would require sources in Indian
country, with certain exceptions, to
obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (1) new major sources, or
(2) existing major sources undergoing
major modification. These rules would
not impose any mandates on tribal
governments to implement NSR
permitting programs. Tribal
governments may be affected, however,
insofar as they own or operate sources
that must obtain a permit from the EPA
under the final Federal permitting
program regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/02
11/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
Agency Contact: Karen Blanchard,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5503
Fax: 919 541-5509
Email: blanchard.karen@epa.gov
Sara Terry, Environmental Protection
Agency, Air and Radiation, MD-11,
Research Triangle Park, NC 27711
Phone: 919 541-7576
Fax: 919 541-7925
Email: terry.sara@epa.gov
RIN: 2060-AH37
3516. FEDERAL MAJOR NEW
SOURCE REVIEW (NSR) PROGRAM
FOR NONATTAINMENT AREAS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 124; 40 CFR
51.165; 40 CFR 52.10; 40 CFR 52.24
Legal Deadline: None
Abstract: The Clean Air Act (Act) (title
I, part D) requires that construction
permit programs for new or modified
major stationary sources of air pollution
be established for areas not attaining
the NAAQS. This action will add
Federal rules at 40 CFR 52.10 for
permitting the construction of new or
modified major stationary sources in
certain nonattainment areas where
State, local, or tribal rules in whole or
in part are not in place that meet the
statutory permitting requirements.
These rules will basically incorporate
the requirements for State
nonattainment NSR permit programs,
codified at 40 CFR 51.165(a), with
supplemental provisions added to make
explicit the permit requirements of
section 173 of the Act and certain long-
standing policies regarding
nonattainment NSR permitting. This
action will also change 40 CFR 52,24
to specify that the requirements of 40
CFR 52.10 govern any permits issued
in certain nonattainment areas where
acceptable nonattainment NSR rules are
not in place. Changes to 40 CFR part
124 will specify that the permit
processing, public participation, and
permit appeal requirements that
otherwise apply to Federal PSD
permitting will also apply, in most
cases, to Federal nonattainment NSR
permitting under 40 CFR 52.10.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/03
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4046
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62315
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AH53
Timetable:
Action
Date FR Cite
3517. 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. Since 1993, EPA has amended
the transportation conformity rule three
times in response to stakeholders'
requests. The EPA is working on a
separate revision to address
transportation conformity in
transitional areas which will be final
by December 1998. The EPA has not
reviewed' or revised the General
Conformity Regulations since their
1993 promulgation. Several Federal
agencies have identified concerns over
the implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
^™.rJ?.m.e.n? Levels Affected: Federal,
. Sk_e- . . _ _. _.
Federalism: Undetermined
Additional Information: SAN No. 4070
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
RIN: 2060-AH93
3518. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(G);
42 USC 7603
CFR Citation: 40 CFR 51 app L; 40 CFR
51.150 to 51.153
Legal Deadline: None
Abstract: 40 CFR part 51.150-51.153
require States to have contingency
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, O3, SO2, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e., alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
1970's, based on the NAAQS from that
era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over
the past 5 years would not need to
develop emergency episode plans.
Sources with the potential to cause
exceedances of the SHL due to a
process/control equipment malfunction
would need to develop source
contingency plans to prevent (and to
respond to) such malfunctions.
Appendix L would also be revised to
reflect the revised program
requirements. The result will be a
sensible, credible program replacing an
outdated program.
Timetable:
Action Date FR Cite
NPRM
"~RnatA'ctraiT
To Be Determined
"To""Be'~DeTerfflilT6"cl"
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No, 4247
Agency Contact: Tom Helms,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5527
rFax: 919 541-0824
Email: helms.tom@epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
RIN: 2060-AI47
3519. REVISION OF EPA'S
RADIOLOGICAL EMERGENCY
RESPONSE PLAN
Priority: Substantive, Nonsignificant
Legal Authority: EO 12777; PL 96-295
Sec 304
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) Radiological
Emergency Response Plan (RERP)
establishes a framework for timely,
coordinated EPA action to protect
public health and safety and the
environment in response to a peacetime
radiological incident. The original EPA
RERP was approved in 1986. This new
revision updates authorities,
responsibilities, capabilities, and
procedures for implementing effective
radiological emergency response
actions by EPA Offices. The RERP
presents the EPA organizational
structure and concept of operations for
responding to radiological incidents as
a participant in a Federal multi-agency
response using the Federal Radiological
Emergency Response Plan (FRERP) and
the Federal Response Plan (FRP), and
-------
62316
Federal Register/Vol. 66, No, 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). This revision incorporates recent
changes to the FRERP and NCP, and
many other policy updates. In short,
this revision ensures that EPA
maintains a comprehensive strategy to
provide organized, effective assistance
to State and local governments in the
event of a radiological emergency.
Timetable:
Action
Date
FR Cite
Final Plan To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3638
Was previously listed in the Regulatory
Agenda as RIN 2060-AF85.
Agency Contact: Craig Conklin,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9222
RIN: 2060-AI49
3520. NESHAP: OIL AND NATURAL
GAS PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On February 2, 1998, we
proposed NESHAP for oil and gas
production (major sources), oil and gas
production (area sources), and natural
gas transmission and storage in one
package. On June 17, 1999, we
promulgated NESHAP for oil and gas
production (major sources) and natural
gas transmission and storage. In this
action, we will publish a supplemental
proposal for the oil and gas production
glycol dehydrators (area sources) and
subsequently promulgate the proposal.
Timetable:
Action
Date
FR Cite
Supplemental NPRM 06/00/03
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4162
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt,ken@epa.gov
RIN: 2060-AI13
3521. FIELD CITATION PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7413(d) CAA
sec 113(d)
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: The Clean Air Act
Amendments give EPA the authority to
issue on-the-spot field citations for
minor violations of the Clean Air Act,
with penalties of up to $5,000 per day
of violation. Section 113(d) of the Act
requires the field citation program to
be implemented through regulations
which provide the informal hearing
procedures. These hearing procedures
are not required to be as rigorous as
those imposed by the Administrative
Procedures Act (APA), but nevertheless
must provide due process. Agency
guidance providing appropriate
penalties for specific minor violations
will be prepared for EPA employees
and made available to the regulated
community. Training on the issuance
of field citations will also be
developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/03/94 59 FR 22776
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 2937
Agency Contact: Gary Secrest,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2242A, Washington, DC
20460
Phone: 202 564-8661
RIN: 2020-AA32
3522. NSPS AND EMISSION
GUIDELINES FOR OTHER SOLID
WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section 129 of the Clean Air
Act of 1990 requires the Agency to
promulgate New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for solid waste
incinerators. Section 129 specifically
required the Administrator to publish
a schedule for regulating Other Solid
Waste Incinerators (OSWI). A notice
published on November 9, 2000
announced that the Administrator
would promulgate OSWI standards by
November 15, 2005, The notice also
listed what classes of incinerators
might be covered by the OSWI
standards. Standards will be set for the
following pollutants: particulate matter,
opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon
monoxide, lead cadmium, mercury, and
dioxins and dibenzofurans.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
11/09/00 65 FR 66850
11/00/04
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: State,
Local
Additional Information: SAN No. 3751
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62317
EPA—Clean Air Act (CAA)
Long-Term Actions
Email: wayland.robertj@epa.gov
RIN: 2060-AG31
3523. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CtASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670-7479
CAA sec 160-169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
10/00/03
10/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epa.gov
RIN: 2060-AH01
3524. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) CAA sec 612
CFR Citation: 40 CFR 82; 40 CFR 9
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
^nTeTsTaten^raTO'erceT^
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Fax: 202 565-2095
RIN: 2060-AG12
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
NPRM 3
Final Rule 2
Notice 5
Final Rule 3
Notice 6
NPRM 4
Notice 7
NPRM5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM 9
NPRM 6
Final Rule 5
Notice 1 0
Notice 1 1
Notice 12
Final Rule 6
Notice 1 3
NPRM 10
Date FR Cite
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 49108
01/13/95 60FR3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 5 1383
02/08/96 61 FR4736
05/22/96 61 FR 25604
05/22/96 61 FR 25585
09/05/96 61 FR 47012
10/16/96 61 FR 54030
03/10/97 62 FR 10700
05/21/97 62 FR 27874
06/03/97 62 FR 30275
02/03/98 63 FR 5491
02/24/98 63 FR 91 51
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8043
02/18/99 64 FR 8038
04/28/99 64 FR 22981
06/08/99 64 FR 304 10
12/06/99 64 FR 68039
04/11/00 65 FR 19327
04/26/00 65 FR 24387
06/19/00 65 FR 37900
07/11/00 65 FR 42653
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
Agency Contact: Anhar Karimjee,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2683
3525. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
—-m(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA ll2(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 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
hrs 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 and the
revision will state that OCA data is
made available to the public under the
provisions of 40 CFR part 1400.
Timetable:
Action
Date
FR Cite
Final Action
To Be Determined
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62318
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A
Phone: 202 564-7992
Fax: 202 564-8233
Email: ferris.john@epa.gov
RIN: 2050-AE95
3526. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: CAA ll2(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
with more than the threshold quantity
of a listed substance in a process are
required to develop a Risk Management
Program and submit a Risk
Management Plan to EPA. The
proposed changes to the list will ensure
that facilities are properly managing
risks of the most acutely toxic and
flammable chemicals that could have
an adverse impact on the facility and
surrounding community in event of an
accidental release,
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4619
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-7987
Fax: 202 564-8211
Email: franklin.kathy@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and'Emergency
Response, 5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE96
3527. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT METHYL BROMIDE
AND TRADE BAN WITH NON-PARTIES
TO THE MONTREAL PROTOCOL
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7671 to 7671(q)
CFR Citation: 40 CFR 82.1 to 82.13
Legal Deadline: None
Abstract: The Montreal Protocol
exempts quarantine and preshipment
from the methyl bromide production
and import baseline; therefore, a
regulation must be promulgated to
allow for the exemption in EPA's
current allowance system.
Timetable:
Action
Date
FR Cite
Interim Final Rule
Final Action
07/19/01 66 FR 37752
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4253
OLD TITLE: Protection of Stratospheric
Ozone: Process for Exempting
Quarantine and Preshipment Methyl
Bromide Used in the United States and
Baseline Adjustments
Agency Contact: Suzanne Bratis,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-3515
Fax: 202 565-2155
Email: bratis.suzanne@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AI42
3528. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: Clean Air Act Title I
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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62319
EPA—Clean Air Act (CAA)
Long-term Actions
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Final Action
05/00/03
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, MD-15, RTF, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
MD-15, RTF, NC 27711
Phone: 919 541-5271
Fax: 919 541-0237
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
3529. REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74lo(a)(2){D);
42 USC 7410(k)(5)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: On October 27,1998, EPA
published a final rule (the OTAG SIP
Call) making a finding of significant
contribution and assigning statewide
NOx emission budgets to 22 States and
the District of Columbia for purposes
of reducing regional transport of ozone
and its precursor, NOx. Subsequent to
the promulgation of the SIP call, EPA
and the States of Connecticut,
Massachusetts and Rhode Island signed
a memorandum of understanding that
obligated EPA to propose to redistribute
the budgets assigned to the three States
in a different way. This action would
carry out that obligation. This
redistribution would not lead to an
increase in the overall budget for the
three States.
Direct Final Rule
Withdrawal of Direct
Final Rule
Final Action
09/15/99 64 FR 49987
11/01/99 64 FR 58792
To Be Determined
Regulatory Flexibility Analysis
Required": No"""
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4276
Direct Final Action-
http://www.epa.gov/fedrgstr/EPA-
AIR/1999/September/Day-
157a23914.htm
Withdrawal-
http://www.epa.gov/fedrgstr/EPA-
AIR/1999/November/Day-
01/a28519.htm
Agency Contact: Kathryn Petrillo,
Environmental Protection Agency, Air
and Radiation, 6204J
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov
Kevin Culligan, Environmental
Protection Agency, Air and Radiation,
6204J
Phone: 202 564-9172
Fax: 202 564-2141
Email: culligan.kevin@epa.gov
RIN: 2060-AI80
3530. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
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
CAA requires EPA to take final action
on the petitions within 60 days of
receipt, but may extend the deadline
for up to 6 additional months to allow
for public process. 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
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4383
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99, Maryland - 01/01/00,
Delaware - 02/10/00, District of
Columbia - 03/07/00
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AI99
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62320
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3531. RESCINDING FINDING THAT
PRE-EXISTING PM10 STANDARDS NO
LONGER APPLICABLE IN NORTHERN
ADA COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQSJ for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the pre-
existing PM-10 NAAQS. Therefore, in
order to protect public health in the
Boise/Ada County area, EPA is
proposing to reinstate the pre-existing
PM-10 NAAQS, Without this action
there would be no Federal PM-10
NAAQS applicable to this area. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal Register notice of the
proposed settlement requesting public
comment was published January 30,
2001 in accordance with section U3(g)
of the Act. Written comments on the
proposed settlement agreement must be
received by.EPA (Mike Prosper) by
March 1, 2001. Unless EPA or DO]
determine, following the comment
period, that consent is inappropriate
the settlement agreement will then be
executed by the parties. This action
will then be fully subject to the terms
of the settlement agreement, No
negative comments received. EPA/DOJ
signed the settlement agreement and
the State is in the process of carrying
out its obligations under the settlement
agreement.
Timetable:
Additional Information: SAN No. 4391 Email: moreen.amber@epa.gov
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected:
Undetermined
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, MD-15, RTF, NC
27711
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epa.gov
Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5601
Email: wilcox.geoffrey@epa.gov
RIN: 2060-AJ05
3532. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL AND
EMERGENCY USES OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767lc; PL 764
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: With this action, EPA will
revise the accelerated phaseout
regulations that govern the production,
import, export, transformation and
destruction of substances that deplete
the ozone layer. The amendments will
incorporate exemptions permitted
under the Montreal Protocol on
Substances that Deplete the Ozone
Layer and recent changes to the Clean
Air Act. Specifically, the amendments
will create a process to exempt
production and consumption of
quantities of methyl bromide for critical
and emergency uses from the 2005
phaseout of methyl bromide. Because
this is an exemption, the rule will
confer a benefit on affected entities,
Timetable:
Action
NPRM
Notice Extension of
Comment Period
Final Action
Date
06/26/00
07/26/00
To Be
FR Cite
65 FR 39321
65 FR 45953
Determined
Action
Date
FR Cite
NPRM
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4535
Agency Contact: Amber Moreen,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9295
Fax: 202 565-2095
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ63
3533. • PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1340 to
63.1359 (Revision)
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 Code of Federal
Regulations 63, Subpart LLL. The Sierra
Club and the National Lime Association
petitioned the court to review subpart
LLL, while the American Portland
Cement Alliance (APCA) opted to
negotiate a settlement agreement, (Note
that there is currently a separate rule
under development to amend subpart
LLL to implement the settlement
agreement with the APCA — SAN
4524, RIN 2060-AJ57). On December 15,
2000, a panel of the D.C. Circuit issued
its opinion in National Lime 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 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected;
Undetermined
Federalism: Undetermined
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62321
EPA—Clean Air Act (CAA)
Long-Term Actions
Additional Information: SAN No. 4585
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Fax: 919 541-5600
Email: wood.joe@epa.gov
James Crowder, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ78
3534. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR GEORGIA-PACIFIC
CORPORATION'S FACILITY IN BIG
ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under the Project XL
program, the EPA is supporting a
project for the Georgia-Pacific
Corporation facility located in Big
Island, Virginia. The EPA is
promulgating this rule, applicable only
to the Georgia-Pacific Big Island
facility, to help implement the project.
Under the XL project, Georgia-Pacific
will install and operate the first
gasification system in the United States.
This system will provide superior air
emissions reductions and energy
benefits compared to use of
conventional recovery technology for
black liquor in the pulp and paper
industry; However, since this will be
the first commercial scale
demonstration of this technology, there
is some risk that the technology will
take longer than planned to work
properly or may not ever work
properly. If either of these scenarios
happens, Georgia-Pacific requires relief
from otherwise applicable air emission
standards to allow time for the new
technology to achieve expected
performance or, in the event of failure,
to allow time for Georgia-Pacific to
build conventional recovery technology
that will meet applicable standards.
Without this relief, Georgia-Pacific
would not undertake commercialization
of this promising technology. Therefore,
this rule provides relief (in the form
of limited duration compliance
extensions) from otherwise applicable
hazardous air pollutant emission
standards, as needed during the
conduct of the XL project. The specific
standard amended by this rule is:
Standards for Hazardous Air Pollutants
e^
Sources at Kraft, Soda, Sulfate, and
Stand-Alone Semichemical Pulp Mills.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4471
Formerly RIN 2060-AJ39.
Sectors Affected: 32211 Pulp Mills;
32211 Pulp Mills
Agency Contact: David Beck,
Environmental Protection Agency,
Office of the Administrator, MD-10,
Research Triangle Park, NC 27711
Phone: 919 541-5421
Fax: 919 541-2464
Email: beck.david@epa.gov
RIN: 2090-AA26
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3535. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Priority: Other Significant
CFR Citation: 40 CFR 197
Completed:
Reason
Date FR Cite
Final Action
06/13/01 66 FR 32074
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Ray Clark
Phone: 202 564-9198
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AG14
3536. NESHAP: PULP AND PAPER
PRODUCTION; AMENDMENTS TO THE
PROMULGATED RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.440 to 63.459
(Revision]
Completed:
Reason
Date
FR Cite
Technical Corrections 05/14/01 66 FR 24268
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Stephen Shedd
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Kent C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH74
3537. NESHAP: MANUFACTURING OF
NUTRITIONAL YEAST
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
05/21/01 66 FR 27876
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David Markwordt
Phone: 919 541-0837
Fax; 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AF30
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62322
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3538. NESHAP: BOAT
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
PR Cite
Final Action 08/22/01 66 FR 44218
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG27
3539. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Paul Almodovar
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne
Phone: 919 541-5689
Fax: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI31
3541. IDENTIFICATION OF
ADDITIONAL OZONE AREAS
ATTAINING THE 1-HOUR STANDARD
AND TO WHICH THE 1-HOUR
STANDARD IS NO LONGER
APPLICABLE (7 AREAS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81 (Revision)
Completed:
Final Action 04/12/01 66 FR 19003
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: James Durham
Phone: 919 541-5672
Fax: 919 541-0246
Email: durham.jim@epa.gov
K.C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH22
3540. CONSUMER AND COMMERCIAL
PRODUCTS: FLEXIBLE PACKAGE
PRINTING MATERIALS:
DETERMINATION ON CONTROL
TECHNIQUES GUIDELINES IN LIEU OF
REGULATION
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn-Agency
Plans No Further
Action
09/24/01
Reason
Date
FR Cite
Withdrawn - Agency 09/19/01
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Annie Nikbakht
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
Barry Gilbert
Phone: 919 541-5238
Fax: 919 541-0824
Email: gilbert.barry@epa.gov
RIN: 2060-AI57
3542. NESHAP: LIGHTWEIGHT
AGGREGATE MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Email: crumpler.gene@epa.gov
Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AI75
3543. REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Priority: Other Significant
CFR Citation: 40 CFR 80.45
Completed:
Reason
Date
FR Cite
Final Action
07/17/01 66 FR 37156
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Barry Garelick
Phone: 202 564-9028
Fax: 202 564-2085
Email: garelick.barry@epa.gov
Lori Stewart
Phone: 202 564-9028
Fax: 202 565-2084
Email: shields.mike@epa.gov
RIN: 2060-AI98
3544. NESHAP: ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Merged into RIN 2060- 09/28/01
AI67, SAN No. 4325
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Gene Crumper
Phone: 919 541-0881
Fax: 919 541-5600
Withdrawn - Agency 09/28/01
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Juan E. Santiago
Phone: 919 541-1084
Fax; 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ09
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Federal Register/Vol 66, No. 232/Monday, December 3, 2001/Unified Agenda
62323
EPA—Clean Air Act (CAA)
Completed Actions
3545. REMOVAL OF ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES FROM THE SECONDARY
ALUMINUM NESHAP AND
APPLICABILITY STAY FOR THESE
INDUSTRIES
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn-Agency 10/31/01
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Juan E. Santiago
Phone; 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJll
3546. PROTECTION OF
STRATOSPHERIC OZONE
ALLOCATION OF ESSENTIAL-USE
ALLOWANCES FOR CALENDAR YEAR
2001: LABORATORY ESSENTIAL USE
EXEMPTIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Direct Final Rule 2001 03/13/01 66FR14760
De Mlnimls
Exemption
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Erin Birgfeld
Phone: 202 564-9079
Fax: 202 565-2155
Email: birgfeld,erin@epa.gov
RIN: 2060-AJ15
3547. NESHAP FOR
PHARMACEUTICALS PRODUCTION:
DIRECT FINAL AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Direct Rnal Rule 08/02/01 66 FR 40121
Amendments
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: m.cdonald.randy@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email; lassiter.penny@epa.gov
RIN: 2060-AJ17
3548. REVISION TO INTERIM
APPROVAL REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70
Completed:
Reason
Date
FR Cite
Rnal Action 05/15/01 66 FR 27008
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Roger Powell
Phone: 919 541-5331
Fax: 919 541-5509
Email; powell.roger@epa.gov
RIN: 2060-AJ48
3549. STANDARDS OF
PERFORMANCE FOR NEW SOURCES
AND EMISSION GUIDELINES FOR
EXISTING SOURCES: LARGE
MUNICIPAL WASTE COMBUSTORS
AMENDMENT OF MASS BURN
ROTARY WATERWALL DEFINITION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Direct Final Rule 07/12/01 66 FR 36473
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Fred Porter
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
RIN: 2060-AJ51
3550. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES
AMENDMENTS TO THE TIER
2/GASOLINE SULFUR REGULATIONS
Priority: Other Significant
CFR Citation: 40 CFR 80; 40 CFR 86
Completed:
Reason
Date
FR Cite
Direct Rnal Rule 04/13/01 66 FR 19296
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Don Kopinski
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
Paul Machele
Phone: 734 214-4264
Fax: 734 214-4050
Email: machiele.paul@epa.gov
RIN: 2060-AJ54
3551. PETITION BY COLORADO TO
RELAX THE REID VAPOR PRESSURE
STANDARD FOR GASOLINE FOR 2001
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.27
Completed:
Reason
Date
FR Cite
Direct Final Rule . 05/24/01 66 FR 28807
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Marilyn Winstead
McCall
Phone: 202 564-9020
RIN: 2060-AJ55
3552. NESHAP: AMENDMENTS TO
FERROALLOYS PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Rnal Rule 03/20/01 66 FR 16007
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Conrad Chin
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Al Vervaert
Phone: 919 541-5602
Email; vervaert.al@epa.gov
BIN: 2060-AJ56
3553. NESHAP: FERROALLOY
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date PR Cite
Withdrawn -Agency 08/29/01
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Conrad Chin
Phone; 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
Al Vervaert
Phone: 919 541-5602
Email; vervaert.al@epa.gov
RIN: 2060-AJ64
3554. • REVISION TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM;
DIRECT FINAL AND PROPOSED
RULES
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: Pursuant to a Settlement
Agreement with the American
Chemistry Council that became final in
August, 2000, EPA is to publish a
proposed rule making minor revisions
to the regulations on the certification
of detergent additives in gasoline. The
Settlement Agreement requires that
EPA publish a notice of proposed
rulemaking "as expeditiously as
practicable." Publication of this
proposed rule would fulfill this
requirement. We expect that the
proposed changes will be
uncontroversial. Consequently, a direct
final rule would be published as part
of this action containing the regulatory
changes in the proposed rule. The
regulatory changes in this action would
address additive manufacturer concerns
that compliance with the existing
requirements would be burdensome
and difficult, while maintaining the
emissions control benefits of the
gasoline deposit control program. This
action would not result in an adverse
impact on small businesses. There
would be no impacts on State, local,
or tribal governments. There are no
cross-media issues.
Timetable:
Action
Date FR Cite
Direct Final Rule 11/05/01 66 FR 55885
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4557
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, B.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@epa.gov
Andrea Medici, Environmental
Protection Agency, Air and Radiation,
ARLO/PTSLO
Phone: 202 564-5434
Fax: 202 564-5653
Email: medici.andrea@epa.gov
RIN: 2060-AJ69
3555. • PROHIBITIONS ON GASOLINE
CONTAINING LEAD OR LEAD
ADDITIVES FOR HIGHWAY USE: FUEL
INLET RESTRICTOR EXCLUSION FOR
MOTORCYCLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.24(b)
(Revision)
Legal Deadline: None
Abstract: Honda has requested that
motorcycles be exempt from the filler
inlet restrictor requirement. The burden
for motorcycle manufacturers and
owners is significant, and much of the
air quality benefits intended by vapor
recover nozzles are not realized when
used to refuel many motorcycles. The
Clean Air Act and corresponding EPA
regulation prohibits gasoline containing
lead or lead additives [leaded gasoline)
as a motor vehicle fuel after December
31, 1995. The regulation also requires
filler inlet restrictors on motor vehicles
equipped with an emission control
device that will be impacted by the use
of leaded gasoline, such as a catalytic
converter. Beginning with the
introduction of Stage I vapor recovery
fueling systems in the early 1990s, and
continuing with current Stage II vapor
recovery systems, the filler inlet
restrictor has also been used as a guide,
a seat and a pressure contact point for
some vapor recovery gasoline nozzle
spouts. Consequently, EPA retained the
requirement for the filler inlet restrictor
after 1995. As a practical matter, filler
inlet restrictors are not feasible for most
motorcycle fuel tanks, especially the
saddle type of tank, because of limited
depth. Typically motorcycles are fueled
while the operator observes the tank
fuel level, similar to refueling a gas can.
The filler inlet restrictor obstructs the
view of the fuel level, and could
contribute to fuel spillage. Further, the
filler inlet restrictor requires the nozzle
spout to be inserted deeper into the
tank, potentially causing increased
splash back. This was not much of an
issue in the 1995 and earlier time
frame, because only relatively few
motorcycles were equipped with
catalytic converters, and thus, only
relatively few required filler inlet
restrictors. However, a significant
number of 2001 model year
motorcycles have been equipped with
catalytic converters.
Timetable:
Action
Date
FR Cite
Direct Final Rule 10/31/01 66 FR 54955
Regulatory Flexibility Analysis
Required: No
Small Entities Affected; No
Government Levels Affected: None
Additional Information: SAN No. 4564
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Federal Register/Vol 66, No. 232/Monday, December 3, 2001/Unified Agenda
62325
EPA—Clean Air Act (CAA)
Completed Actions
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN-340-F, 6406-J,
Washington, DC 20460
Phnns: 202 SB4-fl473
Fax: 202 565-2085
Email; babst.richard@epa.gov
Mike Shields, Environmental Protection
Agency, Air and Radiation, 6406-J
Phone: 202 564-9035
Fax: 202 565-2085
Email: shields.mike@epa.gov
RIN: 2060-AJ76
3556. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR WEYERHAEUSER
COMPANY FLINT RIVER OPERATIONS
"Priority: "Routine arid'Frequent
CFR Citation: 40 CFR 63
Completed:
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Janet Murray
Phone: 202 260-7570
Fax: 202 260-3125
Emaik murfay;janet@epa.gov
Reason
Date
FR Cite
Lynda Crum
Phone: 404 562-9524
Email: crum.lynda@epa.gov
Final Action
06/27/01 66FR34119 RIN: 2090-AA20
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3557. PROTECTIVE ACTION
GUIDANCE FOR DRINKING WATER
Priority: Other Significant
Legal Authority: 42 USC 2021[h) AEA
of 1954 sec 274(h); Reorganization Plan
No. 3 of 1970; PL 96-295 sec 304; EO
12241
CFR Citation: 41 CFR 351
Legal Deadline: None
Abstract: This action will result in
Federal protective action guidance
(PAG) for State and local officials to
use in the event of a nuclear accident
to protect the general public from the
adverse health effects associated with
the ingestion of drinking water that is
contaminated with radioactive material.
The PAG will be incorporated into the
revision of the PAG manual. The draft
guidance will be submitted to the PAG
subcommittee of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) for review and
comment. Members of the PAG
subcommittee include representatives
from DOE, DOD, FEMA, NRC, HHS,
USDA, DOT, and the Conference of
Radiation Control Program Directors
(CRCPD). When a consensus among the
representatives is reached, the guidance
is recommended to the full FRPCC for
endorsement. After that endorsement is
obtained a notice of the availability of
a revised EPA 400-R-92-001, Manual of
Protective Action Guides and Protective
Actions for Nuclear Incidents will be
published in the Federal Register. This
action is temporarily delayed until the
FDA's revised PAGs for food can be
evaluated.
Timetable:
Action
Date
FR Cite
Notice of Availability 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3602
Agency Contact: Charles Blue,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9488
RIN: 2060-AF39
3558. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This voluntary action will
allow low-activity mixed radioactive
wastes to be disposed in facilities that
meet the design requirements for
RCRA-C disposal cells. The wastes
intended to be disposed of in these
cells are mixed wastes, consisting of a
chemically hazardous component and
low levels of radioactivity. These
wastes are anticipated to arise in the
commercial sector from various
sources, The rule is intended to
increase disposal options for these
wastes and offer a streamlined
regulatory process which melds
hazardous chemical protection and
radioactivity protection requirements
while protecting public health and
safety. The rule does not mandate a
disposal method, but rather permits an
alternative to existing disposal
methods. The U.S. Nuclear Regulatory
Commission is anticipated to be the
implementing Agency for the
application of this rule.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9300
Fax: 202 565-2062
Email: schultheisz.daniel@epa.gov
RIN: 2060-AH63
3559. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: 106 Stat. 4777 as
amended by the 1996 LWA
Amendments; PL 102-579; PL 104-201;
Waste Isolation Pilot Plant Land
Withdrawal Act of 1992
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62326
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
CFR Citation: 40 CFR 194.8(b)
Legal Deadline: None
Abstract: This rule would change some
of the language in Section 194.8(b) of
the Waste Isolation Pilot Plant [WIPP}
Compliance Criteria without deleting
any of the requirements for the
Department of Energy's (DOE)
compliance. Section 194.8(b) explains
the process by which EPA inspects and
approves waste characterization
processes at DOE transuranic waste
sites that send waste to the WIPP. The
194.8(b) process involves a public
comment period. Most of the language
in section 194.8(b) will be left intact.
The most significant change would
eliminate a statement that EPA will
follow the 194.8(b) notice-and-comment
process each time a previously
approved site seeks to send a different
waste stream to the WIPP. Other
changes would correct certain
terminology and clarify the important
elements of our inspections. This rule
would eliminate the ambiguity of the
current language and replace it with;
(1) a site can ship waste once EPA has
approved it using a notice-and-
comment process; (2) EPA will perform
follow-up inspections under a separate
authority that does not call for public
comment; and (3) EPA can disallow
shipment if an initial or follow-up
inspection reveals significant
compliance issues. The main purpose
of this revision is to eliminate EPA's
obligation to approve DOE sites on a
waste stream by waste stream basis.
Our understanding of DOE's operations
has improved considerably since
194.8(b) went final in May 1998. We
now recognize that approving sites by
waste stream, using a comment period,
is unnecessarily time-consuming for
EPA staff, confusing for DOE, and
generates almost no public comment. In
addition, repetitive inspections at sites
are expensive and provide little
additional regulatory confidence. This
rule will save money and will greatly
improve the effectiveness of our
interactions with DOE.
Timetable:
Action
Date
FR Cite
NPRM 01/00/02
Final Action 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4403
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6608J
Phone: 202 564-9712
TDD Phone: 202 564-9320
Fax: 202 565-2062
Email: monroe.scott@epa.gov
RIN: 2060-AJ07
3560. • MODIFICATION OF 40 CFR
PART 194, APPEDIX A, WASTE
ISOLATION PILOT PLANT
CERTIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: PL 102-579, sec 8
CFR Citation: 40 CFR 194, app A
Legal Deadline: None
Abstract: This rule will modify the
certification of the Waste Isolation Pilot
Plant (WIPP) that EPA granted in May
1998 by replacing or deleting Condition
1 of the certification. Condition 1
requires the Department of Energy
(DOE), which operates the WIPP, to
employ a specific design for panel seals
in the disposal system. DOE plans to
propose a different design for EPA's
consideration, and our preliminary
review suggests that we will be able
to accept the proposal. However,
because this change constitutes a
significant departure from the existing
program, under section 194.4 of the
WIPP Compliance Criteria (40 CFR 194)
we must conduct a rulemaking to
accept the change.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4582
Agency Contact: Sharon White,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9457
TDD Phone: 202 564-9320
Fax: 202 565-2062
Email: white.sharon@epa.gov
Scott Monroe, Environmental
Protection Agency, Air and Radiation,
6608J
Phone: 202 564-9712
TDD Phone: 202 564-9320
Fax: 202 565-2062
Email: monroe.scott@epa.gov
RIN: 2060-AJ75
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3561. • ACCEPTABILITY OF
RESEARCH USING HUMAN
SUBJECTS
Regulatory Plan: This entry is Seq. No.
115 in part II of this issue of the
Federal Register.
RIN: 2070-AD57
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Federal Register/Vol. 66. No. 232/Monday, December 3, 2001/Unified Agenda 62327
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3562. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Regulatory Plan: This entry is Seq. No.
131 in part II of this issue of the
Federal Register,
RIN: 2070-AD26
35637 PROCEDURES FOffTHE
PESTICIDE REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I38(e){g); 7
USC 136(w)
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 Pesticides- 04/26/00 65 FR 24586
Procedural
Regulations for
Registration Review
NPRM 06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@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@epa.gov
RIN: 2070-AD29
3564. DATA REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
REGISTRATION
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a; 7 USC
136c; 7 USC 136w
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all
antimicrobial data requirements to
reflect current practice.
Timetable:
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amemlep^tp make _
tKem consistent with'the revised~cfaTa
requirements and new use indexing,
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types. This proposal covers the
data requirements for environmental
fate and ecological effects for
conventional pesticides.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
02/00/02
NPRM
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Government Levels Affected: Federal Additional Information: SAN No, 4496
Additional Information: SAN No. 4173 Split from RIN 2070-AC12.
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@epa.gov
RIN: 2070-AD30
3565, PESTICIDE EMERGENCY
EXEMPTION REGULATIONS
Regulatory Plan: This entry is Seq. No.
132 in part II of this issue of the
Federal Register.
RIN: 2070-AD36
3566. DATA REQUIREMENT FOR
PESTICIDE REGISTRATION;
ENVIRONMENTAL FATE AND
ECOLOGICAL EFFECTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a) to I38(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
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@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@epa.gov
RIN: 2070-AD47
3567. • DATA REQUIREMENTS;
BIOCHEMICAL AND MICROBIAL
PESTICIDES
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 clarify all
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62328
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
data requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
chemistry and residue chemistry,
toxicology and environmental fate and
effects. The revision will not include
plant incorporated protectants.
Timetable:
Action Date PR Cite
NPRM
09/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4596
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Carol Peterson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
William Schneider, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C
Phone: 703 308-8683
Fax: 703 308-7026
Email: schneider.william@epa.gov
RIN: 2070-AD51
3568. • EXEMPTION OF MEDICAL
DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
pesticide regulation medical devices
treated with antimicrobial pesticides.
EPA has determined that these treated
medical devices are adequately
regulated by the Food and Drug
Administration. This action would
eliminate dual regulation of these
products by EPA and FDA. EPA would
continue to regulate the antimicrobial
pesticide used to treat the medical
device.
Timetable:
Action
Date FR Cite
NPRM
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4609
Sectors Affected: 32619 Other Plastics
Product Manufacturing; 31499 All
Other Textile Product Mills
Agency Contact: Melba Morrow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703 308-2716
Fax: 703 308-8481
Email: morrow.melba@epa.gov
RIN: 2070-AD54
3569. • PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Regulatory Plan: This entry is Seq. No.
133 in part II of this issue of the
Federal Register.
RIN: 2070-AD56
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3570. • PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Regulatory Plan: This entry is Seq. No.
143 in part II of this issue of the
Federal Register.
RIN: 2070-AD49
3571. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: This action develops
procedures for mandatory and
voluntary recall actions under section
19[b) of FIFRA and would establish
criteria for acceptable storage and
disposal plans which registrants may
submit to this Agency to become
eligible for reimbursement of storage
costs. This action establishes
procedures for indemnification of
owners of suspended and canceled
pesticides for disposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/05/93 58 FR 26856
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA33
3572. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136[q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: None
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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62329
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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;
3574. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(w)
CFR Citation: 40 CFR 170
I pgal Dparillnp' Nnne
CFR Citation: 40 CFR 152; 40 CFR 156
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
writ rethice'tO"tterextettt~ptJ5sible''tiie'1
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. This regulation
will also implement some general
provisions of FIFRA pertaining to all
pesticides, including labeling
requirements. EPA intends to
promulgate these last provisions
separately from the antimicrobial
portion of the proposal.
Timetable:
Action
Date FR Cite
NPRM (Container 02/11/94 59FR6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 12/21/99 64FR71368
Extension of
Comment Period
Supplemental NPRM 02/24/00 65 FR 9234
Extension of
Comment Period
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659
Supplemental NPRM-
http://www.epa.gov/fedrgstr/EPA-
PEST/1999/October/Day-21/p27397.htm
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 11511 Support
Activities for Crop Production; 42291
Farm Supplies Wholesalers
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epa.gov
BIN: 2070-AB95
3573. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Regulatory Plan: This entry is Seq. No.
140 in part II of this issue of the
Federal Register.
RIN: 2070-AC46
Abstract: This final rule would create
greater flexibility in requirements of the
1992 Worker Protection Standard
related to the use of gloves by workers
and applicators.
Timetable:
Action
Date FR Cite
NPRM Glove
Requirement
Final Action
09/09/97 62 FR 47544
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3731
NPRM-
http://www.epa.gov/fedrgstr/EPA-
PEST/1997/September/Day-
09/p23833.htm
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
Agency Contact: Donald Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@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@epa.gov
RIN: 2070-AC93
3575. REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS; LABELING AND OTHER
REGULATORY CHANGES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a)(h); 7
USC 136(w)
Action
Date FR Cite
NPRM Reg. Require. 09/17/99 64 FR 50671
forAnti Pest.
Products/Other Pest
Reg Changes
Notice Extends 11/16/99 64FR62145
Comment Period to
January 18,2000
Final Action Labeling 01/00/02
and other regulatory
portions
Final Action 03/00/02
Antimicrobial
procedural portion
only.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32531 Fertilizer Manufacturing; 32532
Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 42291
Farm Supplies Wholesalers
Agency Contact: Cleo Pizana,
Environmental Protection Agency,
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62330
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa.gov
Jean M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD14
3576. • PLANT-INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Regulatory Plan: This entry is Seq. No.
144 in part II of this issue of the
Federal Register.
RIN: 2070-AD55
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3577. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180.33
Legal Deadline: None
Abstract: In 1996, the Food Quality
Protection Act amended the Federal
Food, Drug, and Cosmetic Act to
require EPA to charge tolerance fees
that, in the aggregate, will cover all
costs associated with processing
tolerance actions, including filing a
tolerance petition, and establishing,
modifying, leaving in effect, or revoking
a tolerance or tolerance exemption.
Since 1983 (the last time a cost analysis
was conducted), factors such as
expanded data requirements, changes
in risk assessment methods,
improvements in data base management
and tracking systems, and the
increasing complexity of scientific
review of petitions have resulted in
costs substantially exceeding the fees
currently charged. This rule will adjust
the fee structure'and fee amounts for
tolerance actions. A Congressional
provisions currently bars the Agency
from finalizing this rulemaking.
Timetable:
Action
Date
FR Cite
NPRM Pesticides- 06/09/99 64 FR 31039
Tolerance
Processing Fees
Supplemental NPRM 07/24/00 65 FR 45569
Processing Fees for
Inert Ingredients
Supplemental NPRM 08/31/00 65 FR 52979
Reopening of
Comment Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4027
NPRM-
http://www.epa.gov/fedrgstr/EPA-
PEST/1999/June/Day-09/pl4477.htm
Supplemental NPRM-
http://www.epa.gov/fedrgstr/EPA-
PEST/2000/July/Day-24/pl8646.htm
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Carol Peterson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@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@epa.gov
RIN: 2070-AD23
3578. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Other Significant
Legal Authority: 21 USC 346(a)(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2002, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408(q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Since such actions are issued on a
chemical-by-chemical basis, this
regulatory plan entry does not list the
individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
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
access pesticide tolerances throughout
year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Robert McNally,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epa,gov
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62331
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (F1FRA)
Long-Term Actions
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8037
Email: nevola.joseph@epa.gov
RIN: 2070-AD24
Action
Date FR Cite
3579. PLANT INCORPORATED
PROTECTANTS (FORMERLY PLANT
PESTICIDES) RULEMAKINGS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 152.20; 40 CFR
174
Legal Deadline: None
Abstract: Substances that plants
produce to protect themselves against
pests are pesticides under FIFRA if
humans intend to use them to destroy,
prevent, repel or mitigate any pest. The
Agency designates these substances,
along with the genetic material
necessary to produce them, plant-
pesticides. This rulemaking will change
the name of these pesticides to plant-
incorporated protectants and will
clarify the relationship between plants
and plant-incorporated protectants and
exempt conventional breeding and
establishes a new part in title 40 of the
CFR, part 174, which consolidates
regulations specific for plant-pesticides
in one part of the CFR. The proposed
consolidation is expected to benefit the
public by providing greater focus,
enhanced clarity and ease of use. These
actions may reduce burden on both the
regulated community and EPA.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
Request for
Comment on
Alternate Name
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62FR27132
04/23/99 64 FR 19958
Final Action Plant-
Incorporated
Protectants (PIPs)
Under FIFRA
Supplemental NPRM
Seeks Additional
Comment on Other
07/19/01 66 FR 37771
07/19/01 66 FR 37855
Action
'Exemptions
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 2684
The Agency has created a new Agenda
entry for the action that is still pending.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 111 Crop Production;
54171 Research and Development in
the Physical Sciences and Engineering
Sciences
Agency Contact: Janet Andersen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7511C
Phone: 703 308-8128
Fax: 703 308-7026
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7201, Washington, DC
20460
Phone: 202 260-0699
Fax: 202 260-0949
Email: milewski.elizabeth@epa.gov
RIN: 2070-AC02
3580. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION;
TOXICOLOGY, EXPOSURE AND
RESIDUE CHEMISTRY
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a) to I36(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
• theTevts"ed~data
requirements and new use indexing.
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types. This proposal is
currently limited to product chemistry,
and human health and exposure data
requirements for conventional
pesticides.
Timetable;
Date
FR Cite
NPRM Product 02/00/03
Chemistry and
Human Health
portions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Carol Peterson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@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@epa.gov
RIN: 2070-AC12
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62332
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3581. • 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 ot be subject ot TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plant 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 nonregulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
PR Cite
Draft Policy 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone; 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
James Alwood, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
RIN: 2070-AD53
Environmental Protection Agency (EPA)
Toxic Substances Controt Act (TSCA)
Proposed Rule Stage
3582. TEST RULE; ATSDR
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 42
USC 9601 CERCLA; 15 USC 2611 TSCA
12; 42 USC 7401 112(b)(4) CAA; 42
USC 7412(b)(4) and (b)(l) CAA; 42 USC
7403(d) CAA
CFR Citation: 40 CFR 790 to end
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 certain chemicals to fulfill data
needs identified by the Agency for
Toxic Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i).
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
.found at 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.
Timetable:
Action
Date
FR Cite
NPRM
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
RIN: 2070-AB79
3583. TSCA SECTION 4
ENFORCEABLE CONSENT
AGREEMENT FOR CERTAIN
OXYGENATED FUEL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611; 15 USC 2625
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR/EPA) 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
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62333
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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 methy t-butyl ether
CMTBE).
Timetable:
Timetable:
Action
Date FR Cite
NPRM 03/04/91 56 FR 9092
NPRM Reproposal 04/00/02
Regulatory Flexibility Analysis
Required: No
Timetable:
Action
NPRM 2,4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Date FR Cite
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 451 19
Notice To Solicit 06/00/02
Interested Parties
Notice-EGA 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Charles M. Auer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-2134
Fax: 202 401-3672
Email: semeniuk.george@epa.gov
BIN: 2070-AD28
3584. TEST RULE; MULTI-
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2607(a); 15 USC 2611; 15 USC 2625
CFR Citation: 40 CFR 799; 40 CFR 704
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4 of the Toxic Substances
Control Act (TSCA] that would require
manufacturers, defined by statute to
include importers, and processors of
seven (7) substances to conduct testing
for developmental and/or reproductive
toxicity. This is a reproposal of a test
rule announced March 4, 1991 (56 FR
9092].
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8155
Fax: 202 401-3672
Email: roman.catherine@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
RIN: 2070-AD44
3585. 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 721;
40 CFR 707; 40 CFR 710
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.
Substances
Final Action
Benzidine-based
Chemical
Substances
NPRM Amendment to
Benzidine-based
Chemical
Substances SNUR
NPRMo-Tolidine&o-
Dianisidine-based
Dyes (Benzidine
Congener Dyes)
NPRM Heavy Metal-
Based Pigments in
Aerosol Spray
Paints SNUR
NPRM Certain
Chemical
Substances No
Longer in
Production SNUR
NPRM
Methylcyclopentane
SNUR
NPRM 2-
Ethoxyethanol & 2-
Methoxyethanol &
2-Methoxyethanol
Acetate
NPRM 2,4-
Pentanedione
SNUR (Reproposal)
NPRM p-Aminophenol
& Bromo-
chloromethane 8(a)
Chemical Specific
Rule
Final Action
Amendment to
Benzidine-based
Chemical
Substances SNUR
Final Action Final
Chloranil SNUR
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
10/07/96 61 FR 52287
12/00/01
12/00/01
12/00/01
01/00/02
01/00/02
01/00/02
03/00/02
04/00/02
06/00/02
12/00/02
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62334
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
Mary Dominiak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AA58
3586. SIGNIFICANT NEW USE RULE;
SELECTED FLAME RETARDANT
CHEMICAL SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act [TSCA) covering certain
flame retardant chemicals for use in
residential upholstered furniture. The
SNUR would require companies
wanting to import or manufacture these
chemicals for the significant new uses
described in the proposed rule to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities.
Timetable:
Action
Date
FR Cite
NPRM Flame
Retardant
Chemicals
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4512
Split from RIN 2070-AA58.
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: Carolyn Grandson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1560
Fax: 202 260-1096
Email: grandson.carolyn@epa.gov
John Bowser, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-1771
Fax: 202 260-1096
Email: bowser.john@epa.gov
RIN: 2070-AD48
3587. LEAD-BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING
Regulatory Plan: This entry is Seq. No.
130 in part II of this issue of the
Federal Register.
RIN: 2070-AC83
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3588. TSCA INVENTORY UPDATE
RULE AMENDMENTS
Regulatory Plan: This entry is Seq. No.
141 in part II of this issue of the
Federal Register.
RIN: 2070-AC61
3589. TEST RULE; GENERIC ENTRY
FOR ITC RELATED TESTING
DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is requiring testing via
rules, or will obtain testing through
enforceable consent agreements (EGAs)
or publish a notice which provides the
reasons for not doing so for chemicals
listed herein. These chemicals have
been designated for priority testing
consideration by the ITC or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply). The list
also includes chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
ANPRM Aryl
Phosphates (ITC
List 2)
NPRM Aryl
Phosphates (FTC
List 2)
NPRM Brominaled
Flame Retardants
Final Action-EGA
DiBasic Esters
(CPSC)
Final Action-EGA
1,1,2-
Trichloroethane
(TCE)
Final Action-EGA
Ethylene Dichloride
(EDC)
Final Action-EGA
Maleic Anhydride
12/29/83 48 FR 57452
01/17/92 57FR2138
06/25/91 56 FR 29140
08/05/99 64 FR 42692
06/15/00 65 FR 37550
12/00/01
12/00/01
Final Action-EGA 02/00/02
Hydrogen Fluoride
Final Action-EGA 04/00/02
Phthalic Anhydride
Final Action ITC 06/00/02
Chemicals (ITC List
28)
Final Action-EGA Aryl 06/00/02
Phosphates (ITC
List 2}
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No, 3493
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62335
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Fax: 202 260-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Action
Date FR Cite
Supplemental NPRM 04/21/98 63 FR 19694
Final Action 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
-Government Levels Affected:-Federal
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AB94
3590. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 7412 CAA 112; 42 USC 7403
CAA 103; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs,
Timetable;
Action
Date
FR Cite
NPRM 06/26/96 61 FR 33178
Supplemental NPRM 12/24/97 62 FR 67466
Additional Information: SAN No. 3487
Supplemental NPRM-
http://www.epa.gov/fedrgstr/EPA-
TOX/1997/December/Day-
24/t3 3451.htm
Supplemental NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/April/Day-21/al0494.htm
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-0321
Fax: 202 401-3672
Email: leukroth.rich@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AC76
3591. TEST RULE; CERTAIN HIGH
PRODUCTION VOLUME (HPV)
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611 to 2612; 15 USC 2625 to 2626
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: This action is related to a
challenge to industry on the eve of
Earth Day, April 21, 1998, to come
forward quickly with .needed test data
on high production volume (HPV]
chemicals. This challenge encompasses
approximately 2,800 chemicals which
are manufactured (including imported]
in the aggregate at more than 1 million
pounds on an annual basis. The data
needed on these chemicals are: acute
toxicity, repeat dose toxicity,
developmental and reproductive
toxicity; mutagenicity ecotoxicity and
environmental fate. This rule will
require testing and recordkeeping
requirements for certain chemicals for
which industry does not voluntarily
agree to provide testing in a timely
manner. The action is part of the
Chemical Right-to-Know Initiative,
describechn the Regulatory
Plan. Industry has volunteered to
conduct needed testing on over 2155
of these HPV chemicals. The first rule
proposed testing for 37 unsponsored
HPV chemicals with substantial worker
exposure. The proposed rule was
published in the Federal Register on
December 26, 2000.
Timetable:
Action
Date FR Cite
NPRM.
Final Action
12/26/00 65FR81658
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990
See also the Regulatory Plan entry
entitled Chemical Right-to-Know
Initiative (RIN 2070-AD25; SAN 4176).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AD16
3592. TEST RULE; IN VITRO DERMAL
ABSORPTION RATE TESTING OF
CERTAIN CHEMICALS OF INTEREST
TO THE OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
-------
62336
Federal Register/Vol, 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Abstract: EPA is requiring
manufacturers (which is defined by
statute to include importers) and
processors of 38 chemical substances of
'interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate testing. These
chemicals, and others, were designated
for in vitro dermal absorption rate
testing in the 31st, 32nd, and 35th
Reports of the TSCA section 4(e)
Interagency Testing Committee (ITC) to
the EPA. Each of the chemical
substances included in this proposed
rule is produced in an amount equal
to or greater than one million pounds
per year. In addition, each of the
chemicals in this proposed rule was
identified in the National Occupational
Exposure Survey (NOES) has having a
total potential worker exposure of
greater than 1,000 workers, OSHA has
indicated that it needs quantitative
measures of dermal absorption rate in
order to evaluate the potential hazard
of these chemicals to workers.
Timetable:
Action Date FR Cite
NPRM OSHA06/09/99 64 FR 31074
Chemicals Dermal
Testing (ITC List 31,
32&3S)
Final Action OSHA 04/00/02
Chemical Dermal
Testing
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4425
Please note that this entry was
previously identified under RIN 2070-
AB07. TSCA requires EPA to publish
the NPRM within one year of ITC
designation.
.Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AD42
3593. FOLLOW-UP RULES ON NON-
5(E) NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRMAlkyi&Sulfonic 06/11/86 51 FR21199
Acid & Ammonium
Salt (84-1056)
NPRM1-Decanlmine- 12/08/87 52 FR 46496
N-Decyl-N-Methyl-
N-Oxide (86-566)
NPRM Aluminum 06/11/93 58 FR 32628
Cross-linked
Sodium
Carboxymethyl-
. cellulose
Final Action Alkyl& 12/00/01
Sul(onicAc!d&
Ammonium Salt (84-
1056)
Final Action 1- 12/00/01
Decanimine-N-
Decyl-N-Melhyl-N-
Oxide (86-566)
Final Action Aluminum 12/00/01
Cross-linked
Sodium
Carboxymethyl-
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1857
Fax; 202 260-0118
Email: alwood.jim®epa,gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
RIN: 2070-AA59
3594. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMNJ
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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62337
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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 whic1rcommentsJare receivedrin
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM Batch SNUR:
84-660/-704 & 84-
105/-106/-107&85-
433
NPRM Aromatic
Amino Ether (P90-
1840)
NP'RMAlkenyl Ether
of Alkanetriol
Polymer (93-458)
NPRM Certain
Chemical
Substances (91-
1299/95-166791-
129891-1297
NPRM Certain
Chemical
Substances
Final Action Alkenyl
Ether of Alkanetriol
Polymer (93-458)
Final Action Certain
Chemical
Substances
Final Action Batch
SNUR: 84-660A704
&84-105/-106M07
& 85-433
Final Action Aromatic
Amino Ether (P90-
1840)
Final Action Certain
Chemical
Substances (91-
1299/95-166791-
129891-1297
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3495
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1857
05/27/93 58 FR 30744
06/06/94 59 FR 29255
12/19/94 59 FR 65289
06/26/97 62 FR 34421
09/09/98 63 FR 48157
12/00/01
12/00/01
01/00/02
01/00/02
01/00/02
Fax: 202 260-0118
Email: alwood.jim@epa.gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-2797
Fax: 202 260-1096
Email: lannon.karen@epa.gov
RIN: 2070-AD43
Email: chow.flora@epa.gov
RIN: 2070-AB27
3595. SIGNIFICANT NEW USE RULE;
CERTAIN PERFLUOROALKYL
SULFONYL (PFOS) CONTAINING
CHEMICAL SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 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 [TSCAJ covering certain
perfluoroalkyl sulfonyl-containing
chemical substances. This SNUR would
require companies who wanted to
manufacture or import these chemicals
for the significant new uses described
in the proposed rule to submit a
Significant New Use Notice (SNUN) to
the Agency at least 90 days prior to
beginning those activities.
Timetable:
Action
Date FR Cite
NPRM
Notice of Public
Meeting on
Proposed Rule
Final Action
10/18/00 65 FR 62319
02/23/01 66 FR 11243
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4475
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Mary Dominiak,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
Karen Lannon, Environmental
Protection Agency, Office of
3596. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605, TSCA
sec 6[e)(3)(B]
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
(1) no unreasonable risk to health or
the environment will occur, and (2)
good faith efforts have been made by
the petitioner to develop a substitute
for PCS which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date FR Cite
12/06/94 59 FR 62875
09/00/02
02/00/02
NPRM (1) Group I
Final Action Group I
NPRM (2) Group II
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 2150
Sectors Affected: 211 Oil and Gas
Extraction; 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
622 Hospitals; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
-------
62338
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: giralin.peter@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony ©epa.gov
RIN: 2070-AB20
3597. ACRYLAMIDE; PROHIBITION ON
MANUFACTURE, IMPORTATION,
DISTRIBUTION AND USE OF
ACRYLAMIDE FOR GROUTING
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 8
CFR Citation: 40 CFR 764
Legal Deadline: None
Abstract: On October 2, 1991, EPA
proposed a regulation of acrylamide
and NMA grouts based on the
unreasonable risk associated with their
usage. EPA's rule would prohibit the
manufacture, distribution in commerce,
and use of acrylamide grout. In
February 1996, EPA reopened the
record for 30 days to take additional
comments, specifically to seek data on
the relative durability of acrylamide
and ISTMA grouts. The Agency has
reviewed the comments and expects to
promulgate the final rule in the
Summer of 2002.
Timetable:
Action
NPRM
Notice Reopening
Date FR Cite
10/02/91 56 FR 49863
02/28/96 61 FR 7454
Record for
Comments on
Durability of NMA
Final Action
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2779
Sectors Affected: 23491 Water, Sewer,
and Pipeline Construction; 23491
Water, Sewer, and Pipeline
Construction; 32519 Other Basic
Organic Chemical Manufacturing;
32519 Other Basic Organic Chemical
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 22132
Sewage Treatment Facilities
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1771
Fax: 202 260-1096
Email: bowser.john@epa.gov
Charles Auer, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
RIN: 2070-AC17
3598. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
sec 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
Action
Date
FR Cite
Final Action 37th ITC 02/28/96 61 FR 7421
List
Final Action 38th ITC 10/29/96 61 FR 55871
List
Final Action 38th ITC 12/11/96 61 FR65186
List-Stay
Final Action 38th ITC 01/07/98 63 FR 684
List-Stay/Technical
Amendments
Final Action 38th ITC 01/11/00 65 FR 1548
List - Revocation
Final Action 39th ITC 01/11/00 65 FR 1548
List
Final Action 41 st ITC 07/05/00 65 FR 41371
List
Final Action 42nd ITC 07/24/00 65 FR 45535
List
Final Action 47th ITC 07/26/01 66 FR 38955
List
Final Action 48th ITC 04/00/02
List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
John R. Harris, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB08
3599. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d),
TSCA sec 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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62339
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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-
FR-ette-
10/29/96 61 FR 55871
12/11/96 61 FR 65186
01/07/98 63FR684
01/11/00 65FR1548
Final 38th ITCUst
Final 38th ITC List -
Stay
Final38th ITC List-
StayrTechnica!
Amendment
Final Action 38th ITC
List • Revocation
Final Action 39th, 41st 02/00/02
and 42nd ITC List
Final Action 47th ITC 06/00/02
List
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax; 202 401-3672
Email: campanella.paul@epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB11
3600, LEAD; NOTIFICATION
REQUIREMENTS FOR LEAD-BASED
PAINT ABATEMENT ACTIVITIES AND
TRAINING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2682 TSCA
402; 15 USC 2687 TSCA 407; PL 102-
550
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: EPA is issuing this rule
under the authority of Section 407 of
the Toxic Substances Control Act
(TSCA] to establish notification
procedures for lead abatement
professionals (certified under 40 CFR
745.226) conducting lead-based paint
activities, and training programs
(accredited under 40 CFR 225)
providing lead-based paint activities
courses. Specifically, this rule seeks to
establish procedures to notify the
Agency "prior to comnTencernent of
lead-based paint abatement activities as
required by 40 CFR 745.227(e)(4). In
addition, this rule seeks to establish
provisions which would require
training programs accredited under 40
CFR 745.225 to notify the Agency
under the following conditions: 1) prior
to providing lead-based paint activities,
training , and 2) following completion
of lead-based paint activities courses.
These notification requirements are
necessary to provide EPA compliance
monitoring and enforcement personnel
with information necessary to track
compliance activity and to prioritize
inspections. This rule supports 40 CFR
part 745, subpart L. to ensure that lead
abatement professionals who inspect,
assess and remove lead-based paint,
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
Email: simpson.julie@epa.gov
RIN: 2Q70-AD31
3601. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS
-Priority: Other Significant
Action
Date
FR Cite
NPRM
Final Action
01/22/01 66 FR 7207
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4172
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Do re en Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1770
Fax: 202 260-0770
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-7873
Fax; 202 260-0770
Legal Authority: 15 USC 2601 to 2671;
42 USC 6901 to 6992
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements is
managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume
architectural components (e.g., doors
and windows) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances and the Office of Solid
Waste have initiated a joint rulemaking
to address the disposal of these
architectural components. This
rulemaking would develop disposal
standards for these components under
the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal standards for LBP
architectural components and identify
recycling and incineration activities
that would be controlled or prohibited,
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
lead-based paint debris which will be
subject to the new TSCA standards,
Timetable:
Action Date FR Cite
NPRM TSCA Proposal 12/18/98 63FR70189
Extension of Comment 02/12/99 64FR7158
Period
Extension of Comment 02/12/99 64FR7159
Period
Final Action 08/00/02
Regulatory Flexibility Analysis
Required: No
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62340
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, 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/ 19 98/Decemb er/Day-
18/tri33326.htm,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
23321 Single Family Housing
Construction; 23332 Commercial and
Institutional Building Construction;
23521 Painting and Wall Covering
Contractors; 23542 Drywall, Plastering,
Acoustical and Insulation Contractors;
23511 Plumbing, Heating and Air-
Conditioning Contractors; 23594
Wrecking and Demolition Contractors;
23592 Glass and Glazing Contractors;
54138 Testing Laboratories; 562111
Solid Waste Collection
Agency Contact: Robert Wright,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-7800
Fax: 202 260-0770
Email: wright.robert@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-7873
Fax: 202 260-0770
Email: simpson.julie@epa.gov
RIN: 2070-AC72
3602. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(e) TSCA
sec 8(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The TSCA section 8(e) Notice
of Clarification and Solicitation of
Public Comment would amend certain
aspects of the 1978 TSCA section 8(e)
Statement of Interpretation and
Enforcement Policy (1978 Policy
Statement). The 1978 Policy Statement
describes the types of information that
EPA considers reportable under section
8(e), the substantial risk reporting
provision of TSCA, and describes the
procedures for reporting such
information to EPA. This clarification
effort derives from a review of the
existing section 8(e) guidance done in
the context of questions raised by
companies considering participating in
the section 8(e) Compliance Audit
Program (CAP). As a result of this
review, EPA determined that parts of
the 1978 Policy Statement concerning
the reportability of information on
widespread and previously
unsuspected distribution in
environmental media and emergency
incidents of environmental
contamination needed some refinement.
The subject Federal Register action
solicited comment on refined reporting
guidance concerning widespread and
previously unsuspected distribution in
environmental media and provides
additional circumstances where
information is not reportable because it
is considered known to the
Administrator. Finally, the notice
solicited comments on changes to the
section 8(e) reporting deadline and
reaffirmed the standards for claims of
confidentiality for information
contained in a notice of substantial risk
under section 8(eJ.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/13/93 58 FR 37735
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information; SAN No. 3118
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Hefter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403, Washington,
DC 20460
Phone: 202 260-3470
Fax: 202 260-1216
Email: hefter.richard@epa.gov
Terry O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403, Washington, DC
20460
Phone: 202 260-3483
Fax: 202 260-1216
Email; obryan.terry@epa.gov
RIN: 2070-AC80
3603. CHEMICAL RIGHT-TO-KNOW
INITIATIVE; HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Regulatory Plan: This entry is Seq. No.
142 in part II of this issue of the
Federal Register.
RIN: 2070-AD25
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3604. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Other Significant
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 has held public
meetings to involve stakeholders in the
design and development of a voluntary
program to evaluate commercial
chemicals to which children may have
a high likelihood of exposure. The
purpose of the voluntary program is to
obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. If an adequate
voluntary children's chemical
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62341
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
evaluation program fails to emerge from
the stakeholder involvement process,
EPA may proceed with development of
a test rule under section 4 of the Toxic
Substances Control Act {TSCA).
Timetable:
Action
Date FR Cite
08/26/99 64 FR 46673
03/29/00 65 FR 16590
12/26/00 65 FR 81700
Notice Initiation of
Stakeholder
Process- Notice of
Public Meetings
Notice Cancellation of 01/13/00 65FR2163
Public Meeting
Notice Stakeholder
Involvement
Process - Notice of
Public Meeting
Notice Voluntary
Children's Chemical
Evaluation Program
- Pilot
Notice Phase I Report To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2865
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
•Office of Prevention, Pesticides and
Toxic Substances, 7405, 7405,
Washington, DC 20460
Phone: 202 260-1730
Fax: 202 260-8168
Email: penberthy.ward@epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8155
Fax: 202 401-3672
Email: roman.catherine@epa.gov
RIN: 2070-AC27
3605. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26; 42 USC 9604(i) CERCLA
CFR Citation: 40 CFR 790 to end
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 certain metals to fill 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, "arid 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. The metals are also
hazardous air pollutants (HAPs) under
the Clean Air Act (CAA) section 112.
Data from this action would also be
used to implement several provisions
of section 112 of the CAA, including
determining risks remaining after the
application of technology based on
standards under section 112(d) of the
CAA, estimating the risks associated
with accidental releases, and
determining whether or not substances
should be removed from the CAA
section (b)(l) list of HAPs (delisting).
Timetable:
Action
Date FR Cite
NPRM
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
RIN: 2070-AD10
3606. LEAD; REGULATORY
INVESTIGATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
TO REDUCE LEAD (PB)
CONSUMPTION AND USE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: This action initiates a
regulatory investigation under the
Toxic Substances Control Act (TSCA)
section 6 to determine if uses of lead
(Pb) present an unreasonable risk to
human health and the environment.
The investigation will involve
examination of the potential sources of
human or other exposure to lead
throughout the life cycle. Based on
information gathered EPA may propose
TSCA section 6(a) rules to control
existing or new uses of Pb which pose
an unreasonable risk to human health
or the environment, and to explore the
desirability and feasibility of
discouraging overall consumption of Pb
in general.
Timetable:
Action
Date FR Cite
ANPRM 05/13/91 56 FR 22096
NPRM Proposed Ban 03/09/94 59 FR 11122
of Fishing Sinkers
Final Action Fishing 12/00/02
Sinkers
Regulatory Flexibility Analysis
Required: Undetermined
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, 7404, Washington,
DC 20460
Phone: 202 260-7873
Fax: 202 260-0770
Email: simpson.julie@epa.gov
RIN: 2070-AC21
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62342
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-term Actions
3607. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
3608. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
Legal Authority: 15 USC 2646 TSCA
sec 206
CFR Citation: 40 CFR 704; 40 CFR 721 CFR Citation: 40 CFR 763
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals. Proposed
rules may be published on at least the
chemicals listed on the timetable
below.
Timetable:
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments.
Timetable:
Action
Date
FR Cite
NPRM Refractory 03/21/94 59 FR 13294
Ceramic Fiber
Final Action Refractory 03/00/03
Ceramic Fiber
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Action
Model Plan
Interim Final Rule
Final Action
Date
05/13/92
02/03/94
05/00/03
FR Cite
57 FR 20438
59 FR 5236
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3528 Federalism: Undetermined
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
RIN: 2070-AC37
Additional Information: SAN No. 3148
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax; 202 260-1724
Email: baney.tony ©epa.gov
RIN: 2070-AC51
3609. POLYCHLORINATED
BIPHENYLS (PCBS); USE
AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2605(e) TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The notice of proposed
rulemaking that was published on
December 6, 1994, covered the
manufacture (including import),
processing, distribution in commerce,
export use, disposal, and marking of
PCBs. On June 29, 1998, EPA issued
a final rule involving the disposal
related provisions. Other provisions,
e.g., certain use authorizations and
import provisions, were to be addressed
in separate actions. This rulemaking
addresses a use authorization for
certain non-liquid PCB applications,
which although currently in use have
never been authorized under the PCB
regulations at 40 CFR part 761.
Timetable:
Action
Date FR Cite
06/10/91 56 FR 26738
12/06/94 59 FR 62788
06/29/98 63 FR 35384
12/10/99 64 FR 69358
04/06/00 65 FR 18018
01/00/03
ANPRM
NPRM
Final Actionl PCB
Disposal Provisions
NPRM Notice of Data
Availability,
Reopening of
Comment Period
NPRM Comment
Period Extended
NPRM Use
Authorizations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4179
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 622 Hospitals;
6113 Colleges, Universities and
Professional Schools; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Peggy Reynolds,
Environmental Protection Agency,
Office of Prevention, Pesticides and
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62343
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3965
Fax: 202 260-1724
Email: reynolds.peggy@epa.gov
Sara McGurk, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-1107
Fax: 202 260-1724
Email: m.cgurk.sara@epa.gov
RIN: 2070-AD27
3610. NOTICE OF TSCA SECTION 4
REIMBURSEMENT PERIOD AND TSCA
SECTION 12(B) EXPORT
NOTIFICATION PERIOD SUNSET
DATES FOR TSCA SECTION 4
SUBSTANCES
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 707; 40 CFR 790;
40 CFR 791; 40 CFR 799
Legal Deadline: None
Abstract: EPA is developing a list of
substances that are or have been subject
to TSCA section 4 testing actions which
required testing under rules or
Enforceable Consent Orders. EPA will
identify sunset, or termination dates
that will identify: (1) the end of section
4 reporting requirements (40 CFR 790);
[2] the end of the reimbursement period
under which persons subject to test
rules are subject to an obligation to
reimburse test sponsors (40 CFR 791);
and (3) the end of the period during
which export notification requirements
under TSCA section 12(b) are triggered.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 3559
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202T4TT1736T2
Email: Williams,daver@epa.gov
RIN: 2070-AC84
3611. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE - BUILDING AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2603 TSCA
Title IV; 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 (Buildings & 10/00/04
Structures)
Final Action (Buildings 10/00/05
& Structures)
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
TflrhniraT and Trada Srhnnle
Agency Contact: Joel Wolf,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3890
Fax: 202 260-0770
Email; wolf.joel@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone:' 202 260-7873
Fax: 202 260-0770
Email: simpson.julie@epa.gov
RIN: 2070-AC64
3612. • DISPOSAL OF
POLYCHLORINATED BIPHENYLS:
IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2607(TSCA
Section 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, 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.
Timetable:
Action
Date
FR Cite
NPRM
06/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
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62344
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4597
Sectors Affected: 92 Public
Administration; 22 Utilities; 31-33
Manufacturing; 48-49 Transportation;
53 Real Estate and Rental and Leasing;
54 Professional, Scientific and
Technical Services; 562 Waste
Management and Remediation Services;
81 Other Services (except Public
Administration)
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Laura Casey, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404
Phone: 202 260-1346
Fax: 202 260-1724
Email: casey.laura@epa.gov
RIN: 2070-AD52
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3613. • TOXIC SUBSTANCES
CONTROL ACT TEST GUIDELINES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611; 15 USC 2625
CFR Citation: 40 CFR 799.9630
Legal Deadline: None
Abstract: EPA has established a unified
library for test guidelines issued by the
Office of Prevention, Pesticides and
Toxic Substances (OPPTS) for use in
testing chemical substances to develop
data for submission to EPA under the
Toxic Substances Control Act [TSCA),
the Federal Food, Drug and Cosmetic
Act (FFDCA), or the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). These test guidelines
represent an Agency effort that began
in 1991 to harmonize the test
guidelines within OPPTS, as well as to
harmonize the OPPTS test guidelines
with those of the Organization for
Economic Cooperation and
Development (OECD). The process for
developing and amending these test
guidelines includes public participation
and the extensive involvement of the
scientific community, including peer
review by the FIFRA Scientific
Advisory Panel, the Agency's Science
Advisory Board (SAB) and other expert
scientific organizations. In order to
ensure that there is an enforceable test
standard for use in a test rule
promulgated under section 4 of TSCA,
EPA must promulgate the test guideline
in the Code of Federal Regulations
(CFR). The TSCA test guidelines are
consistent with those established as
part of the OPPTS harmonized effort,
and codification of the guideline does
does not by itself impose obligations
on any person. Obligations are only
imposed when the guideline is
subsequently cross referenced in a
specific test rule promulgated under
section 4 of TSCA.
Timetable:
Action
Date PR Cite
Final Rule TSCA Test 12/15/00 65FR78746
Guidelines
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4490
Sectors Affected: 325 Chemical
Manufacturing; 32411'Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8133
Fax: 202 260-3672
Email: kover.frank@epa.gov
RIN: 2070-AD50
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3614. 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
NPRM
Final Action
09/00/02
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities 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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62345
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
Agency Contact: Steve Devito,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
PKoneT2"0"2~2"6"0-6T85~
Fax: 202 401-8142
Email: devito.steve@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
BIN: 2025-AA03
3615. 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
which manufacture or process at least
25,000 pounds of a listed chemical, or
otherwise use 10,000 pounds of a listed
chemical. In determining amounts of
listed chemicals that are manufactured,
processed or otherwise used, facilities
may be entitled to consider specific
exemptions from reporting. EPA is
presently reviewing a group of these
exemptions. The categories of
exemptions presently being
reconsidered by EPA are the structural
component exemption, the routine
janitorial and facility grounds
maintenance exemption, the personal
use exemption, and the motor vehicle
maintenance exemption. Also known as
the otherwise use exemptions because
they are limited to otherwise use
activities, these exemptions are
expressly provided for at 40 CFR
372,38(c). EPA is also considering
changes to the coal mining extraction
activities exemption provided for at 40
CFR 372.38(g).
Timetable:
Action
Date PR Cite
NPRM
Final Action
05/00/02
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected:-Bus4Bess9&
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: Lawrence A.
Reisman, Environmental Protection
Agency, Office of Environmental
Information, 2844, Washington, DC
20460
Phone: 202 260-2301
Fax: 202 401-8142
Email: reisman.larry@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA06
3616. TRI: APA PETITION-EPCRA 313
DEFINITION OF OVERBURDEN AS IT
RELATES TO THE MINING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority; 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The regulatory definition for
EPCRA section 313 defines overburden
to mean any unconsolidated material
that overlies a deposit of useful
material or ores. It does not include any
portion of ore or waste rock.
Overburden generally lacks any
recoverable materials and contains only
trace amounts of EPCRA section 313
chemicals. Under section 313, all
activities related to overburden are
exempt from threshold determinations
and release and other waste
management calculations because
overburden contains TRI chemicals in
negligible amounts and reporting is
unlikely to provide the public with
valuable information. On December 22,
1998, the National Mining Association
(NMA) petitioned EPA, pursuant to the
Administrative Procedures Act (APA)
to change the current EPCRA 313
definition of overburden to include
both consolidated material and
unconsolidated material. By making
such a change, consolidated material
That overlies ari~ofe~deposit would be
eligible for the overburden exemption
(i.e., overburden generally lacks any
recoverable minerals and contains only
trace amounts of EPCRA section 313
chemicals). NMA asserts that EPA's
definition of overburden is inconsistent
with that of industry. NMA considers
overburden to be all material, both
consolidated and unconsolidated, that
overlies an ore deposit of useful
material and must be removed to allow
access to ore deposit.
Timetable:
Action
Date
FR Cite
Notice 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4392
Fomerly listed as RIN 2070-AD41.
Agency Contact: Peter South,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-5997
Fax: 202 401-8142
Email: south.peter@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email; dombrowski.john@epa.gov
RIN: 2025-AA08
3617. • RULEMAKING TO CHANGE
TOXICS RELEASE INVENTORY (TRI)
REPORTING REQUIREMENTS FROM
STANDARD INDUSTRIAL
CLASSIFICATION (SIC) CODES TO
NORTH AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM
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
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62346
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initates 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
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: 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
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-1802
Fax: 202 401-0237
Email: kendall.judith@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA10
3618. • 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, In this
rule, EPA is also planning to review
the de minimis exemption. This action
will not affect the coal extraction
activities exemption.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/02
07/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4616
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-0616
Fax: 202 401-0237
Email: edmonds.marc@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA11
3619. 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 '031,
February 11, 1999.) A supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule 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.
Timetable:
Action
Date
FR Cite
NPRM 06/08/98 63 FR 31268
Supplemental NPRM 12/00/01
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 3215
Agency Contact: John Ferris,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-7992
Fax: 202 564-8233
Email: ferris.john@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
3620. MODIFICATION OF THRESHOLD
PLANNING QUANTITY FOR
ISOPHORONE DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: On October 12, 1994 (59 FR
51816), EPA proposed to modify the
listing of several chemicals on the
extremely hazardous substances (EHS)
list under the Emergency Planning and
Community Right-to-Know Act. One
petitioner requested the removal of
isophorone diisocyanate (IPDI). EPA
rejected the petitioner's request.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62347
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
However, in the review of the petition,
EPA noticed that there was an error in
the setting of the threshold planning
quantity (TPQJ for IPDI, and proposed
to correct the error in the October 12,
1994 notice of proposed rulemaking.
The other modifications to the EHS list
were made final on May 7, 1996;
"Kbwever.'tKe TFy. for 1FLJ1 was "riot
included in that final rule. The goal
is to finalize the TPQ for IPDI.
Timetable:
Action
Date
PR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3993
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104 A
Phone: 202 564-8019
Eaxt2Q2-564_-8233 -
Email: jacob.sicy@epa.gov
RIN: 2050-AE43
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3621. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Routine and Frequent. Major
status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: 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
Action
Date
FR Cite
Notice DBNPA 10/27/95 60 FR 54949
(Request to Delete)
NPRM Chromite Ore 02/23/99 64 FR 8775
from Transvaal Reg.
of S.A.
NPRM Diisononyl 09/05/00 65 FR 53681
phthalate (DINP)
(Request to Add)
Final Action Chromite 05/11/01 66 FR 24066
Ore from Transvaal
Reg. of S.A.
Final Response 01/00/02
DBNPA (Request to
Delete)
Response Chromium, 02/00/02
Antimony, Titanite
Petition
Final Action 03/00/02
Diidononyl phthalate
(DINP), Request To
Add
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2425
Fomerly 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).
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email; dorabrowski.john@epa.gov
RIN: 2025-AAOO
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3622. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30,1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A) to (C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
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62348
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action
Date
FR Cite
NPRM 01/12/94 59 FR 1788
Supplemental NPRM 12/00/02
Deferred Chemicals
Final Action Deferred 12/00/03
Chemicals
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3007
Fomerly listed as RIN 2070-AC47.
Includes SIC codes; 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).
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email; bushman.daniel@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AAOl
3623. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013
Pollution Prevention Act
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Section 6607(b) of the
Pollution Prevention Act of 1990 (PPA)
(Pub. L. 101-508) requires the addition
of several data elements to the Toxic
Chemical Release Inventory (TRI)
reporting requirements as promulgated
under section 313 of the Emergency
Planning and Community Right-to-
Know Act of 1986 (EPCRA) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25,1991 (56 FR 48475),
EPA proposed regulations which would
provide definitions and instructions for
reporting the PPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991, proposed rule.
Timetable;
Action
Date FR Cite
NPRM
Supplemental NPRM
Response
Final Action
09/25/91 56 FR 48475
To Be Determined
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2847
Fomerly 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).
Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844
Phone: 202 260-0420
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
Amy Newman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-1846
Fax: 202 401-8142
Email: newman,amy@epa.gov
RIN: 2025-AA09
3624. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHS)
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA has received a petition
to remove Phosmet from the extremely
hazardous substance (EHS) list under
the Emergency Planning and
Community Right-to-Know Act
(EPCRA). This rulemaking will address
the petitioner's claims,
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. 3994
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A
Phone: 202 564-7992
Fax: 202 564-8233
Email: ferris.john@epa.gov
RIN: 2050-AE42
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62349
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3625. LAND DISPOSAL
RESTRICTIONS; POTENTIAL
REVISIONS FOR MERCURY LISTED
AND CHARACTERISTIC WASTES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: In May 1999, EPA published
an Advance Notice of Proposed
Rulemaking that described the issues
the Agency has with the current Land
Disposal Restrictions (LDR) treatment
standards for mercury hearing
hazardous wastes. Based on the
comments received on this ANPRM as
well as other information the Agency
has collected, we are now conducting
a series of mercury treatability studies
in conjunction with DOE. The data
from these studies will be presented in
a Notice of Availability (NODA). These
data are from a number of treatment
vendors, treating several different types
of mercury wastes. In addition to
examining TCLP data, we are also
looking at alternative leaching
methodologies and other factors which
might aSeet long-term-stability-of the-
treated wasteforms.
Timetable:
Action
Date
FR Cite
ANPRM
NoDA
05/28/99 64 FR 28949
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4094
Sectors Affected: 325181 Alkalies and
Chlorine Manufacturing; 3353 Electrical
Equipment Manufacturing; 3254
Pharmaceutical and Medicine
Manufacturing; 32551 Paint and
Coating Manufacturing
Agency Contact: Mary Cunningham,
Environmental Protection^Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: cunningham.mary@epa.gov
John Austin, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-0436
Fax: 703 308-8433
Email: austin.john@epa.gov
RIN: 2050-AE54
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3626. REMOVAL OF REQUIREMENT
TO USE SW-846 METHODS (TEST
METHODS FOR EVALUATING SOLID
WASTE: PHYSICAL/CHEMICAL
METHODS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921-6927; 42 USC
6930; 42 USC 6934-6939; 42 USC 6974;
42 USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 258; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270; 40 CFR 279
Legal Deadline: None
Abstract: EPA has been actively
working to break down the barriers that
the environmental monitoring
community faces when trying to use
new monitoring techniques, As a first
step, EPA has accelerated its review
process for new methods by eliminating
several unnecessary internal review
steps, and by streamlining the internal
approval process for each new method.
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 plans to remove
the requirements to use SW-846
methods for other than method denned
parameters (i.e., where the method
defines the regulations, such as the
Toxicity Characteristic Leaching
Procedure) from 40 CFR. This 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.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3989
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0490
Fax: 703 308-0511
Email': kirkland.kim@epa.gov
RIN: 2050-AE41
3627. 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 6939; 42 USC 6974
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Legal Deadline: None
Abstract: EPA is considering 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
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62350
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. This
proposal also raises 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.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/12/01 66FR52191
12/11/01
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4028
Sectors Affected: 32411 Petroleum
Refineries; 3251 Basic Chemical
Manufacturing; 3252 Resin, Synthetic
Rubber, and Artificial and Synthetic
Fibers and Filaments Manufacturing;
325211 Plastics Material and Resin
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32551 Paint and
Coating Manufacturing; 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Vernon Myers,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8660
Fax: 703 308-8609
Email: myers.vernon@epa.gov
RIN: 2050-AE44
3628. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS-
PHASE II COVERING BOILERS AND
CERTAIN INDUSTRIAL FURNACES
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial, May
15, 2002, Settlement agreement for
boilers and other industrial furnaces.
Seeking extension.
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of smelting
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
EPA is concerned that its current RCRA
standards for HWCs may not be
adequately protective given that the
standards do not take into account
indirect pathways of exposure and that
there have been advances both in risk
assessment and control technologies
.since promulgation of the current
standards. The Agency is in the process
of developing a proposal to address
boilers and possibly other industrial
furnaces, which combust hazardous
wastes.
Timetable:
Action
Date FR Cite
NPRM Cement Kilns & 04/19/96 61 FR17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns &LWAKS&
Incinerators (Final-
Phase I)
NPRM Boilers & Other 07/00/02
Industrial Furnaces
(Phase II)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3333
For information on the Phase I portion
of this effort, see SAN 4418, RIN 2050-
AE79.
Sectors Affected: 2123 Non-Metallic
Mineral Mining and Quarrying; 2211
Electric Power Generation,
Transmission and Distribution; 22132
Sewage Treatment Facilities; 3241
Petroleum and Coal Products
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3231
Printing and Related Support Activities;
3251 Basic Chemical Manufacturing;
3252 Resin, Synthetic Rubber, and
Artificial and Synthetic Fibers and
Filaments Manufacturing; 3253
Pesticide, Fertilizer and Other
Agricultural Chemical Manufacturing;
3254 Pharmaceutical and Medicine
Manufacturing; 3255 Paint, Coating,
Adhesive, and Sealant Manufacturing;
3259 Other Chemical Product
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3273 Cement
and Concrete Product Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3279 Other
Nonmetallic Mineral Product
Manufacturing; 3327 Machine Shops,
Turned Product, and Screw, Nut and
Bolt Manufacturing; 3328 Coating,
Engraving, Heat Treating and Allied
Activities; 3329 Other Fabricated Metal
Product Manufacturing; 3332 Industrial
Machinery Manufacturing; 3335 -; 3339
Other General Purpose Machinery
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
3342 Communications Equipment
Manufacturing; 3343 Audio and Video
Equipment Manufacturing; 3344
Semiconductor and Other Electronic
Component Manufacturing; 3361 Motor
Vehicle Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 4227 Petroleum
and Petroleum Products Wholesalers;
45431 Fuel Dealers; 5622 Waste
Treatment and Disposal; 5629
Remediation and Other Waste
Management Services
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email; minnick.rhonda@epa.gov
RIN: 2050-AE01
3629. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT
Regulatory Plan: This entry is Seq. No.
134 in part II of this issue of the
Federal Register.
RIN: 2050-AE50
3630. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED SHOP TOWELS AND
WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62351
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Legal Deadline: None
Abstract: This action would modify
RCRA rules that impact the
management of solvent-contaminated
shop towels and wipes. Solvent-
contaminated shop towels and wipes
are used throughout industry for
equipment-cleaning and other related
facility operations. The spent shop
towels and wipes can be hazardous
wastes when the solvent used is either
a characteristic or listed solvent. An
examination of industry use and
management practices reveals that
many facilities may use only small
amounts of solvent on their disposable
wipes, and use small numbers of wipes
daily — suggesting that these materials
may sometimes pose little or no risk
to human health and the environment
if disposed in municipal landfills.
Similarly, situations exist where both
disposable wipes and reusable shop
towels are not being managed according
to prescribed Federal and States' rules
and policies. Problems with this issue
have persisted since the late 1980s.
Timetable:
Action
Date
PR Cite
NPRM
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091
Sectors Affected: 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 332
Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 441
Motor Vehicle and Parts Dealers; 811
Repair and Maintenance; 812 Personal
and Laundry Services
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
R1N: 2050-AE51
3631. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND MERCURY-
CONTAINING EQUIPMENT: CHANGES
TO HAZARDOUS WASTE
REGULATIONS
Regulatory Plan: This entry is Seq. No.
135 in part II of this issue of the
Federal Register.
RIN: 2050-AE52
3632. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
to allow leachate recirculation over
alternative liner systems which meet
the performance standard specified by
the municipal solid waste landfill
(MSWLF) criteria. The performance
determination would be made by the
state director of an approved MSWLF
program. EPA also plans to propose a
new section to the MSWLF criteria
which will allow the alternative of
clean closure of landfills rather than
require the installation of a landfill cap,
which would allow the solid waste in
the MSWLF to be totally removed from
the site and be properly disposed of
at another site. Finally, EPA plans to
propose an additional factor to 258.54
for determining the frequency of
ground water monitoring for the
detection monitoring program specified
in this subpart. The additional factor
for consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
less than once a year as stated in the
existing regulation.
Timetable:
Action
Date
FR Cite
NODA Request for
Information and
Data
NPRM
04/06/00 65 FR 18014
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4230
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste"and""Emergency Response^""
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email; hlustick.dwight®.epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone; 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE67
3633. AMENDMENTS TO THE
CORRECTIVE ACTION MANAGEMENT
UNIT RULE
Priority: Other Significant
Legal Authority: 42 USC 6901 et.seq.
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 271
Legal Deadline: NPRM, Judicial,
August 7, 2000, Settlement agreement
calls for proposal to be signed by
08/07/2000.
Final, Judicial, October 8, 2001,
Settlement agreement calls for final to
be signed by 10/8/2001.
Abstract: EPA has proposed and is
proposing amendments seeking
extension to the existing RCRA
Corrective Action Management Unit
[CAMU Regulation (at 40 CFR 264.552).
CAMUs are used for managing
remediation wastes onsite during the
course of implementing corrective
action or cleanup at a facility. CAMUs
can promote cleanups by allowing a
broader range of cleanup activities than
are allowed under the other hazardous
waste management regulations. Upon
finalization, the amendments would
add more detail to the treatment and
technical standards for management of
cleanup wastes in CAMUs.
Timetable:
Action
Date
FR Cite
NPRM 08/22/00 65 FR 51079
Supplemental NPRM 01/00/02
Regulatory Flexibility Analysis
Required: No
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62352
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4419
Agency Contact: Patricia Buzzell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
Washington, DC 20460
Phone: 703 308-8632
Fax: 703 308-8617
Email: buzzell.tricia@epa.gov
RIN: 2050-AE77
3634. REGULATION OF OIL BEARING
WASTES FROM PETROLEUM
REFINERIES GASIFIED TO PRODUCE
SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(aJ; 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; ...
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is planning to
propose revisions to the RCRA solid
waste regulations to exclude oil-bearing
secondary materials, generated by the
petroleum refining industry, from the
definition of solid waste if the materials
are destined to be processed in a
gasification device manufacturing
synthesis gas fuel. We are planning to
propose this exclusion in order to
clarify and simplify RCRA jurisdiction,
and to be consistent with other
comparable existing exclusions. In this
notice, we are also soliciting comment
on an option to extend the exclusion
to organic containing secondary
materials generated by industries (other
than the petroleum refining industry).
Timetable:
Action
Date FR Cite
NPRM
Interim Notice of Data
Availability
Notice of Data
Availability and
Request for
Comment
Final Action
Final Action Technical
Amendments
NPRM
11/20/95 60 FR 57747
04/08/97 62 FR 16747
07/15/98 63 FR 38139
08/06/98 63 FR 42110
10/09/98 63 FR 54356
01/00/02
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: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
RIN: 2050-AE78
3635. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a); 6921;
6922; 6924;6926
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(E)(Revision)
Legal Deadline: None
Abstract; EPA is looking into
proposing to add up to four solvents
(benzene, 2-ethoxyethanol, 1,1,2-
trichloroethane, and 2-nitropropane) 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). Spent solvents are
solvents that have been used and are
no longer fit for use without being
regenerated, reclaimed, or otherwise
processed. In addition, EPA is
considering proposing: (1) changes to
implementation of rule from using mass
balance only, to choice of using direct
monitoring; (2) adding certain leachates
to allowed categories of wastestreams;
and (3) revising other provisions of
rule, such as de minimis quantities and
the definition of point of application
of exemption.
Timetable:
Action
Date
FR Cite
NPRM - Revisions for 03/00/02
Wastewater
Treatment
Exemptions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4501
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services
Agency Contact: Ron Josephson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0442
Fax: 703 308-0522
Email; josephson.ron@epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8672
Fax: 703 308-0522
Email: atagi.tracy@epa,gov
RIN: 2050-AE84
3636. • MUNICIPAL SOLID WASTE
LANDFILL LOCATION RESTRICTIONS
FOR AIRPORT SAFETY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6902(a); 42
USC 6907; 42 USC 6912(a); 42 USC
6944; 42 USC 6945(c); 42 USC 6949(c)
CFR Citation: 40 CFR 258.10(e) and (f)
Legal Deadline: None
Abstract: The direct final rule would
amend the municipal solid waste
landfill (MSWLF) location restrictions
for airport safety by adding location
restrictions to conform with those
contained in the Wendell H. Ford
Aviation Investment and Reform Act
for the 21st Century. The rule would
prohibit the construction or
establishment of a new MSWLF within
six miles of a public airport (1) that
has received grants under the Airport
and Airway Improvement Act of 1982,
as amended, and (2) that is primarily
designed for 60 passengers or less.
MSWLFs in the State of Alaska are
exempt. Because new MSWLFS are
subject to the statutory location
restrictions in addition to regulatory
location restrictions currently in effect
under 40 CFR 258.10, EPA is
promulgating the rule amendment to
prevent confusion regarding applicable
location restrictions for MSWLFs for
airport safety purposes, as well as to
notify affected entities of these
statutory restrictions. EPA is also
proposing a parallel rule identical to
this direct final action in order to
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda 62353
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
provide opportunity for comment on
the rule, although we view the action
as noncontroversial and do not
anticipate any adverse comments. The
regulated entities are expected to be:
(1) Federal agencies and State, local,
municipal and tribal governments
constructing or establishing new
MSWLFs withm-six-miles-of-a-pubHc
airport and (2) industries involved in
constructing or establishing new
landfills within six miles of a public
airport.
Timetable:
Action
Date FR Cite
control would not be allowed by this
action. EPA is considering this
alternative to stimulate new
technologies and alternatives in the
landfilling of municipal solid waste.
Timetable:
Action
Date
FR Cite
NoD A~Req uesffor".
Information and
Data
NPRM
04/06/00 65 FR 18014
01/00/02
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
NPRM 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4575
Sectors Affected: 23 Construction;
5622 Waste Treatment and Disposal;
56221 Waste Treatment and Disposal;
562212 Solid Waste Landfill
Agency Contact: Mary T. Moorcones,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 540 338-1348
Fax: 540 338-5547
Email; moorcones.mary@epa.gov
RIN: 2050-AE91
3637. • RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PERMITS FOR
MUNICIPAL SOLID WASTE LANDFILL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to issue a direct
final rule adding a new section to the
Criteria for Municipal Solid Waste
Landfills (MSWLF) to allow states to
issue research, development, and
demonstration (RD&D) permits for
landfill operations at variance with
some parts of the criteria, as long as
it is demonstrated that these operations
will not result in an increased risk to
human health and the environment.
Waivers of location restrictions,
groundwater monitoring, corrective
action requirements, the financial
assurance criteria, and explosive gases
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
• Governmental Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 4588
Split from RIN 2050-AE67.
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@.epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE92
3638. • REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This regulation
would be amended to comply with
"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.
Timetable:
Action
Date FR Cite
NPRM Revisions for 09/00/02
Transboundary
Shipments of
Hazardous Waste
Direct Final Rule 09/00/02
Revisions for
Transboundary
Shipments of
Hazardous Waste
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606
Agency Contact: Rick Picardi,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8879
Fax: 703 308-0514
Email: picardi.rick@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, OS-341, 5304W
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
3639. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANNE ARUNDEL
COUNTY MILLERSVILLE LANDFILL
SEVERN, MARYLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Anne Arundel County
proposes to demonstrate that a
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62354 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA_Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage
bioreactor with an alternative liner
system is as effective, or superior to
a bioreactor with the standard
composite liner currently allowed by
regulations. The main goal of this
project is to deliver superior
environmental performance (SEP) by
capturing the additional airspace
gained by accelerated decomposition of
the waste. This benefits the County and
its citizens by prolonging the life of the
landfill and thereby postponing the
siting of new solid waste management
facilities, with their attendant social
impacts, environmental impacts, and
economic costs. Environmental benefits
of this project include: (1) reduced
need for construction of new landfills
and corresponding reduction [or
elimination) of the land, air, and water
impacts associated with landfill
construction; (2) decreased
concentration of most leachate
constituents as cycling of leachate
removes or reduces contaminants; (3)
reduction in the amount of leachate
requiring pretreatment; (4) reduction in
the amount of leachate that the facility
discharges to the local wastewater
treatment plant, and subsequent
discharge of effluent to the Patuxent
River; and (5) reduction in post-closure
care, maintenance and risk (bioreactor
landfills minimize long-term
environmental risk and liability due to
the controlled settlement of the solid
waste during landfill operation, low
potential for leachate migration into the
subsurface environment, and the
recovery of landfill gas during
operation).
Timetable:
Action
Date
FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4534
Agency Contact: Sherri Walker,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Office of the
Administrator, 5306W
Phone: 703 308-8647
Email; hlustick.dwight@epa.gov
R1N: 2090-AA25
3640. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR IMPLEMENTING
WASTE TREATMENT SYSTEMS AT
TWO VIRGINIA LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: The Virginia Landfills XL
project includes two solid waste
municipal landfills (SWMLF) operated
by subsidiaries of Waste Management
Inc. (WMI); Maplewood Recycling and
Waste Disposal Facility is located in
Amelia County, Virginia, approximately
30 miles southwest of Richmond, and
King George County Landfill and
Recycling Center is located
approximately 50 miles north-northeast
of Richmond. Both landfills accept
municipal solid waste and a small
percentage of biodegradable products
(e.g., construction debris). Through this
XL project, the Maplewood and King
George landfills propose to implement
two variations of bioreactor landfill
systems and compare the relative
improvement in landfill performance at
the two different bioreactor project
sites. In a bioreactor landfill, controlled
quantities of liquids are added and
circulated through waste to accelerate
the natural biodegradation rate of waste
and therefore decrease the waste
stabilization and composting time
compared to a conventional landfill.
The Maplewood bioreactor will
recirculate liquids (primarily leachate)
generated at the facility. The King
George bioreactor will recirculate
facility-generated leachate plus other
liquids, such as non-hazardous liquid
waste or storm water. These activities
collectively should decrease emissions
of landfill gas, accelerate waste
decomposition, improve leachate
quality, and increase the waste capacity
of the existing landfills.
Timetable:
Action Date FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 4608
Agency Contact: Sherri L. Walker,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Office of the
Administrator, 5306W
Phone: 703 308-8647
Email: hlustick.dwight®epa,gov
RIN: 2090-AA30
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3641. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 6905; 42 USC 6912(a);
42 USC 6921; 42 USC 6922; 42 USC
6926; 42 USC 6938; 42 USC 9602; 42
USC 9603; 42 USC 9604
CFR Citation: 40 CFR 261; 40 CFR 271;
40 CFR 302; 40 CFR 264; 40 CFR 265
Legal Deadline: NPRM, Judicial,
January 28, 2001, Administrator signed
proposal on 1/25/2001.
Final, Judicial, March 30, 2002.
Abstract: This action addresses the
potential risks posed by wastes from
the production of paints, and
determines whether these wastes
should be listed as hazardous under
RCRA to control any potentially
unacceptable risks. Any new wastes
listed as hazardous will also be added
to the CERCLA list of hazardous
substances. This action will be
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62355
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected.
Specific wastes to be addressed are
water/caustic cleaning wastes, solvent
cleaning wastes, emission control
dusts/sludges, waste water treatment
sludges, and off-spec product.
Timetable:
Action
Date PR Cite
NPRM
Final Action
02/13/01
04/00/02
66 FR 10060
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3805
Agency Contact: Patricia Cohn,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8675
Fax: 703 308-8686
Email: cohn.patricia@epa.gov
Katrin Krai, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-6120
Fax: 703 308-0514
Email: kral.katrin@epa.gov
RIN: 2050-AE32
3642. LISTING OF HAZARDOUS
WASTE; INORGANIC CHEMICAL
WASTES; LAND DISPOSAL
RESTRICTIONS FOR NEWLY LISTED
WASTES; CERCLA HAZARDOUS
SUBSTANCES REPORTABLE
QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 6901 to
6992(k)
CFR Citation: 40 CFR 261; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial,
August 30, 2000, Administrator signed
8/30/00.
Final, Judicial, October 31, 2001.
Abstract: EPA, under an Environmental
Defense Fund settlement agreement,
proposed to amend the regulations for
hazardous waste management under the
Resource Conservation and Recovery
Act (RCRA) to reduce hazards to
human health and the environment for
three wastes from the manufacturing of
inorganic chemicals. EPA also proposed
to add manganese to 40 CFR 261,
Appendix VII and VIII; the 40 CFR 268
UTS table; and the F039 landfill
leachate listing. Under the settlement
agreement, EPA reviewed the wastes
from 14 inorganic chemical
manufacturing sectors including:
sodium dichromate production, the dry
process for manufacturing phosphoric
acid, phosphorus trichloride
production, phosphorus pentasulfide
production, the production of sodium
phosphate from wet process phosphoric
acid, sodium chlorate production,
antimony oxide production, cadmium
pigments production, barium carbonate
production, potassium dichromate
production, phenyl mercuric acetate
production, boric acid production,
inorganic hydrogen cyanide production,
and titanium dioxide production
(except for chloride process waste
solids). EPA published a proposal on
September 14, 2000. The rule was
proposed under the authority of section
3001(e)(2) of RCRA which directs EPA
to make hazardous waste listing
determinations for inorganic chemical
manufacturing wastes. The FR notice
proposes to list as hazardous three
specific wastes under 40 CFR part 261:
(l) baghouse filters from the production
of antimony oxide; (2) slag from the
production of antimony oxide that is
disposed of or speculatively
accumulated; and (3) nonwastewaters
from the production of titanium
dioxide by the chloride-ilmenite
process. The remaining wastes
evaluated in'the rule were proposed to
not be listed as hazardous wastes. EPA
has evaluated public comments on the
proposal and will issue a final rule.
This action will include final Land
Disposal Restrictions for the final listed
wastes. Where possible, newly listed
wastes will be given CERCLA
Hazardous Substance Designation and
Reportable Quantities assigned.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/14/00 65 FR 55684
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4083
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325131 Inorganic Dye
and Pigment Manufacturing; 331419
Primary Smelting and Refining of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Sue Burnell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8653
Fax: 703 308-0522
Email: burnell.sue@epa.gov
Gwen DiPietro, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
RIN: 2050-AE49
3643. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a) RCRA
sec 6002(e)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
government procurement of these
items. Once designated, procuring
agencies are required to purchase these
items with the highest percentage of
recovered materials practicable.
Government procurement of EPA-
designated items containing recovered
materials fosters markets for recovered
materials and, thereby, closes the
recycling loop. To date, EPA has
designated 54 items under three
Comprehensive Procurement
Guidelines (CPGl, CPG2 and CPG3).
EPA has also issued a Recovered
Materials Advisory Notice (RMAN)
with each CPG which provides
recommendations on buying the
designated items. The E.O. requires
EPA to update the CPG every two
years. The newest action issues final
item designations in CPG4.
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62356
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Notice--Paper 06/08/98 63 FR 31214
Products Recovered
Materials Advisory
Notice
Notice-Recovered 06/08/98 63FR31217
Mate rials Advisory
Notice I Update
NPRM(CPG3and 08/26/98 63 FR 45558
RMAN 3)
Notice of Availability of 01/19/00 65 FR 3082
Final Document
Final Action (CPG3 01/19/00 65 FR 3069
and RMAN 3)
NPRM(CPG4and 08/28/01 66 FR 45256
RMAN 4)
Final Action (CPG4 04/00/02
and RMAN 4)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3545
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/August/Day-
26/f22793.htm
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Terry Grist,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7257
Fax: 703 308-8686
Email: grist.terry@epa.gov
RIN: 2050-AE23
3644. REQUIREMENTS FOR ZINC
FERTILIZER MADE FROM RECYCLED
HAZARDOUS SECONDARY
MATERIALS
Regulatory Plan: This entry is Seq. No.
145 in part II of this issue of the
Federal Register.
RIN: 2050-AE69
3645. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR. 270
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of recovery
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
Consequently, the Agency established
in the HWC Maximum Achievable
Control Technology (MACT) rule new
emissions standards for cement kilns,
lightweight aggregate kilns,'and
incinerators under CAA authority on
September 30, 1999 (64 FR 52828).
Following promulgation, issues were
raised by the regulated community
through informal comments and
through litigation. In response, EPA
proposed changes to and clarifications
to certain provisions of the final Phase
I rule. EPA is currently working on the
final rule for these changes and
clarifications.
Timetable:
Action
Date
FR Cite
NPRM Cement Kilns & 04/19/96 61 FR17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM Phase! 07/03/01 66 FR 35126
Amendments
Final (Good Cause) 01/00/02
Emergency
Extension of
Compliance Date
Final Action Phase I 02/00/02
Amendments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4418
Split from RIN 2050-AE01. The Agency
will develop a Technical
Implementation Guidance on Phase I.
Sectors Affected: 2123 Non-Metallic
Mineral Mining and Quarrying; 2211
Electric Power Generation,
Transmission and Distribution; 22132
Sewage Treatment Facilities; 3241
Petroleum and Coal Products
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3231
Printing and Related Support Activities;
3251 Basic Chemical Manufacturing;
3252 Resin, Synthetic Rubber, and
Artificial and Synthetic Fibers and
Filaments Manufacturing; 3253
Pesticide, Fertilizer and Other
Agricultural Chemical Manufacturing;
3254 Pharmaceutical and Medicine
Manufacturing; 3255 Paint, Coating,
Adhesive, and Sealant Manufacturing;
3259 Other Chemical Product
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3273 Cement
and Concrete Product Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3279 Other
Nonmetallic Mineral Product
Manufacturing; 3327 Machine Shops,
Turned Product, and Screw, Nut and
Bolt Manufacturing; 3328 Coating,
Engraving, Heat Treating and Allied
Activities; 3332 Industrial Machinery
Manufacturing; 3335 -; 3339 Other
General Purpose Machinery
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
3342 Communications Equipment
Manufacturing; 3343 Audio and Video
Equipment Manufacturing; 3344
Semiconductor and Other Electronic
Component Manufacturing; 3361 Motor
Vehicle Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 4227 Petroleum
and Petroleum Products Wholesalers;
45431 Fuel Dealers; 5622 Waste
Treatment and Disposal; 5629
Remediation and Other Waste
Management Services
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE79
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62357
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3646. • NESHAP5: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS •
PARALLEL PROPOSED RULE
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
-42-USG 7412 CAA setH^-2-^U-S€
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of recovery
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment
Consequently, the Agency established
in the HWC Maximum Achievable
Control Technology (MACT) rule new
emissions standards for cement kilns,
lightweight aggregate kilns, and
incinerators under CAA authority on
September 30, 1999 (64 FR 52828).
Following promulgation, issues were
raised by the regulated community
through informal comments and
through litigation. In response, the
Agency published a direct final rule
and a parallel proposal on changes to
and clarifications to certain provisions
of the final Phase I rule. The Agency
partially withdrew a portion of the
direct final rule. (See RIN 2050-AE89.)
Issues pertaining to the withdrawal will
be addressed during the development
of a final rule.
Timetable:
Split from RIN 2050-AE79.
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE90
Action
Date
FR Cite
07/03/01 66 FR 35124
02/00/02
NPRM Phase I
Amendments
Interim Final Rule
(See RIN 2050-
AE79)
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4566
Action
Date
FR Cite
Final Action
12/00/01
3647. • DEFINITION OF SOLID
WASTE; CODIFICATION OF MINERAL
PROCESSING VACATURE
(CLASSIFICATION OF BATTERY
RECYCLERS V. EPA) AND
DISCUSSION OF FUTURE PROPOSED
RULEMAKING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6903(27)
RCRA Section 1004(27)
CFR Citation: 40 CFR 26l.2(c)(3); 40
CFR261.4(a)(17)
Legal Deadline: None
Abstract: Under the Resource
Conservation and Recovery Act (RCRA)
a material must first be a solid waste
to be a hazardous waste. EPA's
framework for determining whether a
material is a solid waste is based on
what the material is and how it is used.
The 1998 Phase IV Land Disposal
Restrictions (LDRJ rule purported to
expand EPA's jurisdiction over certain
types of mineral processing hazardous
secondary materials stored on the land
prior to being reclaimed in production
processes. The Association of Battery
Recyclers v. U.S. EPA decision (208
F.3d 1047 (B.C. cir. 2000)) vacated a
portion of the 1998 Phase IV LDR rule
at 40 CFR 261.2(c)(3) and vacated the
Phase IV LDR rule insofar as it provides
for the use of the Toxicity
Characteristic Leachating Procedure
(TCLP) to determine whether
manufactured gas plant waste exhibits
the characteristic of toxicity. The intent
of this rulemaking is to codify changes
directed in the vacatures and make
conforming changes to the regulations
to ensure clarity. EPA will aslo discuss
a future proposed rulemaking to modify
the rules governing hazardous waste
recycling (e.g., the definition of solid
waste).
Timetable:
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4615
Agency Contact: 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@epa.gov
RIN: 2050-AE94
3648. 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 to treat small volumes
of low-level mixed wastes on-site using
a bench-scale catalytic oxidizing
treatment unit. This treatment
effectively destroys the organic
component of the wastestream, yielding
a residual that is only a low-level
radioactive waste.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/24/01 66 FR 38395
12/00/01
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4439
Agency Contact: Mitch Kidwell,
Environmental Protection Agency,
Office of the Administrator, 1801,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
Nancy Birnbaum, Environmental
Protection Agency, Office of the
Administrator, 1802, Washington, DC
20460
Phone: 202 260-2601
Fax: 202 401-6637
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA14
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62358
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3649. • 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. Because this is a site-specific
rulemaking, there will be no impact on
small businesses, and there are no local
tribal governments affected. The State
regulatory agency has been involved in
the project and approves of the
rulemaking. The focal governments and
citizen groups have been involved in
the project development and no
opposition has been raised.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/06/01 66 FR 30349
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565
Agency Contact: Mitch Kidwell,
Environmental Protection Agency,
Office of the Administrator, 1801,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
David Fagan, Environmental Protection
Agency, Office of the Administrator,
5301W
Phone: 703 308-0603
Email: fagan.david@epa.gov
RIN: 2090-AA29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3650. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 69l2(a) RCRA
sec 200.2.{a); 42 USC 6921(a) RCRA sec
3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: Cement kiln dust (CKD) is a
high volume material byproduct of the
cement manufacturing process. While it
contains potentially hazardous
constituents such as lead, cadmium and
chromium, it has been exempted since
November 1980 from hazardous waste
regulation under RCRA subtitle C by
the Bevill Amendment. This
amendment modified section 3001 of
RCRA to exempt certain special wastes
until further studies could be
completed and any applicable
regulations were promulgated. In
December 1993, EPA submitted a
Report to Congress with its findings on
the nature and management practices
associated with CKD. This was
followed in January 1995 by an EPA
regulatory determination published in
the Federal Register (60 FR 7366,
2/7/95), which concluded that
additional control of CKD is warranted.
In the regulatory determination EPA
committed to develop regulations that
would be tailored to protect human
health and the environment while
limiting burden on the regulated
community. These tailored regulations
would be developed under RCRA
subtitle C and, if necessary, the Glean
Air Act. As part of its regulatory
development effort, EPA has initiated
further studies and has held informal
discussions with stakeholders. A
proposed rule was issued (64 FR 45632,
8/20/99) which included a
comprehensive set of standards for the
management of CKD. EPA is currently
making an assessment as to which
regulatory approach it will like
concerning CKD waste management.
Timetable:
Action
Date
FR Cite
NPRM 08/20/99 64 FR 45631
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3856
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/1999/August/Day-
20/f20546.htm
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 308-8686
Email: englander.jana@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@epa.gov
RIN: 2050-AE34
3651. 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
sec 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
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62359
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral-. The-temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/12/93 58 FR 8504
12/00/04
Regulatory Flexibility Analysis
Required: 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: 703 603-9900
Fax: 202 260-9163
Email: ng.sammy@epa.gov
RIN: 2050-AD69
3652. LISTING DETERMINATION OF
WASTES GENERATED DURING THE
MANUFACTURE OF AZO,
ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial, See
Additional Information Section.
Final, Judicial, See Additional
Information Section.
Abstract: 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 RCRA to
control any potentially unacceptable
risks. If listed under RCRA, these
wastes would also be added to the
CERCLA list of hazardous substances.
This action will be implemented by
EPA and States authorized under
RCRA. Impacts on local governments
are not expected, and there may be
some" small business impacts". EPA
proposed listing decisions for most
wastes in 1994 (Dyes-I), and deferred
decisions on several others. Two
deferred waste streams (filter aids and
triarylmethane sludges) are subject to
separate deadlines for proposed and
final action (Dyes II rulemaking). The
Dyes n NPRM was published on July
23, 1999. The rules proposed in 1994
and 1999 were incomplete because they
did not contain information claimed to
be confidential by industry. Therefore,
a NODA for each proposal will be
necessary, when EPA is able to release
an adequate record. The deadlines are
based on recent settlement discussions
with plaintiffs in EDF v. Browner, Civil
Action No. 89-0598 D.D.C.
As part of the listing of dyes and
pigments effort, EPA will also develop
land disposal restrictions for these dyes
and pigments.
Timetable:
Action
Date
FR Cite
12/22/94 59 FR 66072
07/23/99 64 FR 40192
To Be Determined
NPRM Dyes I
NPRM Dyes II
(deferred wastes)
NPRM Dyes I Land
Disposal
Restrictions
NoDA Dyes I Notice of To Be Determined
Data Availability.
See Additional
Information.
NoDA Dyes 11 Notice To Be Determined
of Data Availability.
See Additional
Information.
Final Action Dyes I. To Be Determined
See Additional
Information.
Final Acton Dyes II To Be Determined
(Deferred Wastes).
See Additional
Information.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3066
Judicial Deadlines: Dyes II (deferred
wastes) NPRM: met deadline of
6/30/1999. Dyes I & II NODAs due by
67 days after the injunction is lifted
from Magruder case. NPRM for LDRs
due 3 months after NODAs are signed.
Dyes I and II final rules due 13 months
after NODAs are signed.
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8462
Fax: 703 308-0522
Email: slotnick.sue@epa.gov
Wanda LeBleu, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-0438
Fax: 703 308-0522
Email: lebleu.wanda@epa.gov
RIN: 2050-AD80
3653. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 69l2(a) RCRA
sec 2002(a); 42 USC 6924 RCRA sec
3004; 42 USC 6925 RCRA sec 3005; 42
USC 6926 RCRA sec 3006
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: The revised financial
responsibility test is intended to
improve the current test in predicting
which firms will enter bankruptcy and
not be able to cover their financial
obligations for liability and closure
costs of hazardous waste treatment,
storage and disposal facilities. A
bankrupt firm may be unable to afford
the proper closure of a facility which
would require the government to incur
response costs at the facility. The rule
would also qualify owners and
operators of RCRA Treatment, Storage,
and Disposal Facilities which must
currently use more expensive ways,
such as surety bonds or letters of credit,
of demonstrating financial assurance, to
use the less expensive corporate
financial responsibility test for more of
their obligations. The combined savings
from screening out riskier firms and
making the test more available to viable
firms would be approximately S19
million annually in public and private
costs. These regulatory amendments
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62360
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
would have no effect on local or tribal
governments.
Timetable:
Action
Date
PR Cite
NPRM
NPRM
Notice of Data
Availability
Final Action
07/01/91 56 FR 30201
10/12/94 59 FR 51523
06/00/02
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2647
Sectors Affected: 323110 Commercial
Lithographic Printing; 323114 Quick
Printing; 325131 Inorganic Dye and
Pigment Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 331311 Alumina
Refining; 325211 Plastics Material and
Resin Manufacturing; 32551 Paint and
Coating Manufacturing; 32511
Petrochemical Manufacturing; 32512
Industrial Gas Manufacturing; 325188
All Other Basic Inorganic Chemical
Manufacturing; 325193 Ethyl Alcohol
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
325998 All Other Miscellaneous
Chemical Product Manufacturing;
311942 Spice and Extract
Manufacturing; 32411 Petroleum
Refineries; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 33271 Machine Shops; 33299
All Other Fabricated Metal Product
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 334
Computer and Electronic Product
Manufacturing; 336 Transportation
Equipment Manufacturing; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 56211 Waste
Collection; 22111 Electric Power
Generation; 221112 Fossil Fuel Electric
Power Generation; 22132 Sewage
Treatment Facilities; 56292 Materials
Recovery Facilities; 42271 Petroleum
Bulk Stations and Terminals; 45431
Fuel Dealers; 4411 Automobile Dealers;
4471 Gasoline Stations; 811111 General
Automotive Repair
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 205Q-AC71
3654. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 6922 RCRA
sec 3002; 42 USC 6923 RCRA sec 3003;
42 USC 6924 RCRA sec 3004; 42 USC
6926 RCRA sec 3006; PL 105-277, Title
17 Government Paper Elimination Act
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. The manifest
system's reliance on paper results in
significant paperwork and cost burden
to waste handlers and States who
choose to collect manifest information.
The Agency intends to pursue an
optional approach to redesign the
manifest system so that it utilizes
automated technologies to increase
access to manifest-related information,
and to facilitate the manifest process,
including the form's preparation,
transmission, and recordkeeping,
thereby lessening the total burden on
waste handlers and States that choose
to collect manifests. In addition, the
Agency intends to standardize further
the manifest form itself, by eliminating
several optional data fields.
Timetable:
Action
Date
FR Cite
NPRM 05/22/01 66 FR 28239
Final Action- ' 04/00/03
Modification of the
Hazardous Waste
Manifest System
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3147
Sectors Affected: 5622 Waste
Treatment and Disposal; 2111 Oil and
Gas Extraction; 2122 Metal Ore Mining;
2211 Electric Power Generation,
Transmission and Distribution; 3221
Pulp, Paper, and Paperboard Mills; 323
Printing and Related Support Activities;
325 Chemical Manufacturing; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 482 Rail
Transportation; 483 Water
Transportation; 484 Truck
Transportation; 5621 Waste Collection
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@epa.gov
RIN: 2050-AE21
3655. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088) AND
REGULATORY CLASSIFICATION OF
K088 VITRIFICATION UNITS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: On July 20, 2000, EPA
proposed revised treatment standards
for K088 wastes. Specifically, the
Agency proposed to lower the cyanide
treatment standard and reinstate a
treatment standard for fluoride
nonwastewaters based on a deionized
water leach test. Comments to the
proposed rule were significant and
suggest that there are significant
treatment issues yet to be resolved for
K088 waste. The Agency needs to
further assess the treatment universe for
K088 and is considered extending the
possible date of a final rule or to
investigate other strategies both
regulatory and non-regulatory to
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda
62361
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
facilitate recycling of spent aluminum
potliners.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/12/00 65 FR 42937
10/00/02
Regulatory Flexibility Analysis
RequTfed:~No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4233
Sectors Affected: 3334 Ventilation,
Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
Rick Brandes, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov.
RIN: 2050-AE65
3656. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
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 6907(a)(3); 42
USC 6944(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of proposed RCRA
subtitle D regulations for the
management of coal combustion wastes
in landfills and surface impoundments
that are generated by producers of
electric power, including electric
utilities and independent power
producers. On April 25, 2000 EPA
issued a regulatory determination for
fossil fuel combustion wastes (65 FR
32214, May 22, 2000). The purpose of
the determination was to decide
whether certain wastes from the
combustion of fossil fuels (including
coal, oil and natural gas) should remain
exempt from subtitle C (management as
hazardous waste) of the Resource
Conservation and Recovery Act (RCRA)
for the coal, oil and natural gas
combustion wastes that were addressed.
The Agency's decision was to retain the
exemption from hazardous waste
management for all of the fossil fuel
combustion wastes. However, the
Agency also determined and
announced that waste management
regulations under RCRA subtitle D
(management as non-hazardous wastes)
are appropriate for certain coal
combustion wastes that are disposed in
landfills and surface impoundments.
The utility industry has made
significant improvements in its waste
management practices over recent
years, and most state regulatory
programs are similarly improving.
Nevertheless, public comments and
other analyses have convinced the
Agency that coal combustion wastes
could pose 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, while
most states can now require newer
waste management units to include
liners and groundwater monitoring, 62
percent of existing utility surface
impoundments do not have
groundwater monitoring. In the
Agency's view, this justifies the
development of national regulations.
We note, however, that some waste
management units may not warrant
liners and/or groundwater monitoring,
depending on site-specific
characteristics. The Agency is initiating
this action to develop and issue
appropriate waste management
regulations under subtitle D of RCRA.
Timetable:
Action
Date
FR Cite
NPRM 03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, 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: Dennis Ruddy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE81
3657. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES - NON-
POWER PRODUCERS AND
MINEFILL1NG
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 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: EPA is developing proposed
regulations for the management of coal
combustion wastes that are generated
by non-electric utility coal burners and
managed in landfills and surface
impoundments, and for the practice of
minefilling of coal combustion wastes.
On April 25, 2000 EPA issued a
regulatory determination for fossil fuel
combustion wastes (65 FR 32214, May
22, 2000) to announce its decision that
certain wastes from the combustion of
fossil fuels (including coal, oil and
natural gas) should remain exempt from
subtitle C (management as hazardous
waste) of RCRA. This regulatory
determination also announced that
regulations under RCRA subtitle D
(management as non-hazardous wastes)
are appropriate for management of
certain coal combustion wastes that are
disposed in landfills and surface
impoundments. In addition, EPA stated
its plan to consult with the U.S.
Department of the Interior on
appropriate measures under the Surface
Mining Control and Reclamation Act
(SMCRA) or RCRA or some
combination of both, to address the
disposal of coal combustion wastes
when used for minefilling in surface or
underground mines.
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62362
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Although industry has made significant
improvements in waste management
practices over recent years, and most
state regulatory programs are similarly
improving, public comments and other
analyses have convinced the Agency
that coal combustion wastes could pose
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, while most States
can now require newer waste
management units to include liners and
groundwater monitoring, less than
about 50 percent of existing non-utility
landfills are lined (these statistics
exclude municipal solid waste landfills
which are not the subject of this
action). EPA acknowledges that some
waste management units may not
warrant liners and/or groundwater
monitoring, depending on site-specific
characteristics. The Agency also
decided that the practice of minefilling
coal combustion wastes could present
a danger to human health and the
environment under certain
circumstances. Since there are few
States that currently operate
comprehensive programs that
specifically address the unique
circumstances of minefilling, the
Agency believes national regulations
under RCRA subtitle D and/or SMCRA
may be appropriate.
Timetable:
Action
Date
FR Cite
NPRM 03/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 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: 311 Food
Manufacturing; 313 Textile Mills; 337
Furniture and Related Product
Manufacturing; 2121 Coal Mining; 322
Paper Manufacturing; 325 Chemical
Manufacturing; 331 Primary Metal
Manufacturing; 336 Transportation
Equipment Manufacturing; 62 Health
Care and Social Assistance; 22112
Electric Power Transmission, Control
and Distribution
Agency Contact: Dennis Ruddy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE83
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3658. HAZARDOUS WASTE
MANAGEMENT SYSTEM: SLAG
RESIDUES DERIVED FROM HIGH
TEMPERATURE METALS RECOVERY
(HTMR) TREATMENT OF KO61, KO62
AND F0006 WASTES
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 266
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Agency Contact: Narendra Chaudhari
Phone: 703 308-0454
Fax: 703 308-0514
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE15
3659. HAZARDOUS WASTE
IDENTIFICATION; RECYCLED USED
OIL MANAGEMENT STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 279
Completed:
Reason
Date FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Agency Contact: Mike Svizzero
Phone: 703 308-0046
Fax: 703 308-8617
Email: svizzero.michael@epa.gov
RIN: 2050-AE28
3660. MERCURY-CONTAINING AND
RECHARGEABLE BATTERY
MANAGEMENT ACT; CODIFICATION
OF WASTE MANAGEMENT
PROVISIONS
Priority: Other Significant
CFR Citation: 40 CFR 271; 40 CFR 273
Completed:
Reason
Date FR Cite
Withdrawn-Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Agency Contact: Bryan Groce
Phone: 703 308-8750
Fax: 703 308-0522
Email: groce.bryan@epa.gov
RIN: 2050-AE39
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62363
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
3661. STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL
OF MIXED WASTES; FINAL RULE
Priority: Other Significant
CFR Citation: 40 CFR 261.4; 40 CFR
262.34; 40 CFR 266
Completed:
Reason
Date
FR Cite
FinalAction 05/16/01 66FR27217
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Nancy Hunt
Phone: 703 308-8762
Fax: 703 308-8609
Email: hunt.nancy@epa.gov
RIN: 2050-AE45
3662. RECYCLED USED OIL
CONTAINING PCBS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 261; 40 CFR 279
Completed:
Reason
Date FR Cite
Removal (of 3 07/14/98 63 FR 37780
Amendments)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Mike Svizzero
Phone: 703 308-0046
Fax: 703 308-8617
Email: svizzero.niichael@epa.gov
RIN: 2050-AE47
3663. RCRA APPENDIX VIII
STREAMLINING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR. 261
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Dr. Monica A. Barren
Phone: 703 308-0483
Fax: 703 308-0509
Email: barron.monica@epa.gov
RIN: 2050-AE55
3664. CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT UNITS
(SWMUS) AT HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 264; 40 CFR 270
Completed:
Reason
Date FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Barbara Foster
Phone: 703 308-7057
Fax: 703 308-8638
Email: foster.barbara@epa.gov
RIN: 2050-ABSO
3665. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority: Other Significant
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
FinalAction
Direct Final Rule
05/16/01 66 FR 27266
10/03/01 66 FR 50332
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Tracy Atagi
Phone: 703 308-8672
Fax: 703 308-0522
Email: atagi.tracy@epa.gov
Adam Klinger
Phone: 703 308-3267
Fax: 703 308-0514
Email: klinger.adam@epa.gov
RIN: 2050-AE07
3666. REINVENTING THE LAND
DISPOSAL RESTRICTIONS PROGRAM
Priority: Other Significant
CFR Citation: 40 CFR 268
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Josh Lewis
Phone: 703 308-7877
Fax: 703 308-8433
Email: lewis.josh@epa.gov
RIN: 2050-AE53
3667. TEMPORARY SUSPENSION OF
TOXIC1TY CHARACTERISTIC RULE
FOR SPECIFIC LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
Withdrawn-RCRA 10/17/01
Temporary
Suspension
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Rajani Joglekar
Phone: 703 308-8806
Fax: 703 308-0522
Email: joglekar.rajani@epa.gov
RIN: 2050-AE68
3668. RCRA CONTROLS FOR
WASTEWATER TREATMENT UNITS
Priority: Other Significant
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 265
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 09/11/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Marie Boucher
Phone: 703 308-8754
Fax: 703 308-0522
Email: boucher.marie@epa.gov
RIN: 2050-AE82
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62364
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
3669. CRITERIA FOR
CLASSIFICATION OF SOLID WASTE
DISPOSAL FACILITIES AND
PRACTICES AND CRITERIA FOR
MUNICIPAL SOLID WASTE
LANDFILLS: DISPOSAL OF
RESIDENTIAL LEAD-BASED PAINT
WASTE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 257; 40 CFR 258
Completed:
Reason
Date
FR Cite
Direct Final Rule 10/23/01 66 FR 53535
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Agency Contact: Susan Nogas
Phone: 703 308-7251
Fax: 703 308-8686
Email: nogas.sue@epa.gov
RIN: 2050-AE86
3670. • NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 300"4"; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of recovery
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
Consequently, the Agency established
in the HWC Maximum Achievable
Control Technology (MACT) rule new
emissions standards for cement kilns,
lightweight aggregate kilns, and
incinerators under CAA authority on
September 30, 1999 (64 FR 52828).
Following promulgation, issues were
raised by the regulated community
through informal comments and
through litigation. In response, this rule
will promulgate changes to and
clarifications to certain provisions of
the final Phase I rule. The Agency
issued a notice to withdraw a portion
of the direct final rule, based on
comments received.
Timetable:
Action
Date FR Cite
Final Court-Ordered 05/14/01 66 FR 24270
Vacature
Direct Final Rule - 07/03/01 66 FR 35087
Phase I
Amendments
Notice - Partial 10/15/01 66FR52361
Withdrawal of Direct
Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4552
Split from RIN 2050-AE79.
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE89
3671 .PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE US FILTER
RECOVERY SERVICES, ROSEVILLE,
MINNESOTA, AND APPROVED
GENERATORS AND TRANSPORTERS
OF USFRS XL WASTE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 260 to 265; 40
CFR 268; 40 CFR 270; 40 CFR 273; 40
CFR 279
Completed:
Reason
Date
FR Cite
Final Action 05/22/01 66 FR 28066
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Sandra Panetta
Phone: 202 260-6632
Fax: 202 260-3125
Email: panetta.sandra@epa.gov
Robert Egan
Phone: 312 886-6212
Fax: 312 353-4788
Email: robert egan@epa.gov
RIN: 2090-AA15
3672. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR YOLO COUNTY
LANDFILL, DAVIS, YOLO COUNTY,
CALIFORNIA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 258
Completed:
Reason
NPRM
Final Action
Date
05/09/01
08/13/01
FR Cite
66 FR 23652
66 FR 42441
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Sherri L. Walker
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick
Phone: 703 308-8647
Email: hlustick.dwight@epa.gov
RIN: 2090-AA18
3673. PROJECT XL NOTICE OF
PROPOSED RULE FOR AUTOLIV INC.
SITE-SPECIFIC RULEMAKING
Priority: Info./Admin./Other
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
Final Action
05/09/01 66 FR 23617
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Ted Cochin
Phone: 202 260-0880
Fax: 202 401-6637
Email: cochin.ted@epa.gov
Mary Byrne
Phone: 303 312-6491
Email: byrne.mary@epa.gov
RIN: 2090-AA19
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62365
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3674. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1321 CWA sec
3H(j)UXC)
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: Following a major inland oil
spill with substantial environmental
impacts (i.e., Ashland Oil in Floreffe,
PA, in January 1988), an interagency
task force recommended steps to
improve EPA's oil spill prevention
program (40 CFR part 112). This
program requires oil storage facilities to
prevent and contain discharges that
could reach waters of the United States.
On October 22,1991, the Agency
proposed revisions to implement some
of the task force recommendations and
on February 17, 1993, the Agency
proposed further clarifications and
technical changes to the spill
prevention regulations. On December 2,
1997, EPA supplemented the 1991 and
1993 proposed revisions with a
proposal to reduce burdens associated
with the oil spill prevention program
by reducing the recordkeeping
provisions or exempting some facilities
from some recordkeeping requirements.
This rule will take final action on the
1991, 1993, and 1997 proposals.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
NPRM
10/22/91 56FR54612
02/17/93 58 FR 8824
Supplemental NPRM 12/02/97 62FR63812
Final Action 01/00/02
Regulatory Flexibility Analysts
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2634
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@epa.gov
RIN: 2050-AC62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3675. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11004; 42
USC 9602(a)
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA has listed carbamate
waste streams as hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA). RCRA listed
wastes, by statute, automatically
become hazardous substances under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) and are assigned a one-
pound statutory reportable quantity
(RQ) unless EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one-
pound threshold. EPA, in this action,
will propose RQ adjustments for the
carbamates. Most RQ adjustments are
expected to be greater than one pound.
Raising the RQs for these substances
would decrease the burden on (1) the
regulated community for complying
with the reporting requirements under
CERCLA and EPCRA; (2) Federal, State,
and local authorities for program
implementation; and (3) Federal, State,
or local authorities, if they release
hazardous substances at die RQ level
or greater.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423
Agency Contact: Frank Avvisato,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8949
Fax: 703 603-9100
Email: awisato.frank@epa.gov
Lynn Beasley, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE12
3676. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
Superfund (CERCLA) sec 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
NPRM 24
Final Action 20
NPRM 25
Rnal Action 21
Final Action (Tex-Tin
Corp)
NPRM 26
Rnal Action 22
NPRM 27
Final Action 23
NPRM (Midnight Mine)
NPRM 28
NPRM (Almeda)
Rnal Action 24
NPRM 29
Final Action 25
NPRM 30
Final Action
NPRM 31
Final Action 26
NPRM 32
Final Action 28
NPRM 33
Final Action 29
Date FR Cite
03/06/98 63 FR 11 340
03/06/98 63 FR 11 332
07/28/98 63 FR 40247
07/28/98 63 FR 40182
09/18/98 63 FR 49855
09/29/98 63 FR 5 1882
09/29/98 63 FR 5 1848
01/19/99 64 FR 2950
01/19/99 64 FR 2942
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24990
05/10/99 64 FR 24949
07/22/99 64 FR 39886
07/22/99 64 FR 39878
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5468
02/04/00 65 FR 5435
05/11/00 65 FR 30489
05/11/00 65 FR 30482
07/27/00 65 FR 46131
07/27/00 65 FR 46096
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EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Action
Date FR Cite
NPRM
Alabama/Malone
NPRM 34
Final Action 30
NPRM 35
NPRM 36
Final Action 31
NPRM 37
Final Action 32
NPRM Site No.
Undetermined
08/24/00 65 FR 51 567
12/01/00 65 FR 75215
12/01/00 65 FR 75179
01/11/01 66 FR 2380
06/14/01 66 FR 32287
06/14/01 66 FR 32235
09/13/01 66 FR 4761 2
09/13/01 66 FR 47583
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3439
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8835
Fax: 703 603-9100
Email: singer.yolanda@epa.gov
Terry Keidan, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703 603-8852
Fax: 703" 603-9104
Email: keidan.terry@epa.gov
RIN: 2050-AD75
3677. 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 0 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
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 other policy advances in
State/tribal/EPA interaction.
Timetable:
Action
Date
FR Cite
NPRM
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4177
Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
Stephen Caldwell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: caldwell.stephen@epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3678. • FINAL RULE TO CORRECT
TYPOGRAPHICAL ERRORS AND
REMOVE OBSOLETE LANGUAGE IN
40 CFR PART 302
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602 to 9604;
33 USC 1231; 33 USC 1261
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: EPA has reviewed the
portions of the Code of Federal
Regulations [CFR) related to the release
reporting program under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA). Within these
regulations, which appear in 40 CFR
part 302, EPA has identified several
categories of errors, including: (1)
typographical errors in the table of
CERCLA hazardous substances (Table
302.4 in 40 CFR 302.4); (2) definitions
made legally obsolete because of
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EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
changes in CERCLA's statutory
provisions; and (3) redundant or
unnecessary information (particularly
in the "Regulatory synonyms,"
"Statutory RQ," and "Final RQ
Category" columns of Table 302.4] that
could be removed from the CFR to
reduce potential confusion.
Correcting the typographical errors,
updating definitions, and removing
redundant information in 40 CFR part
302 will not affect the scope of what
is regulated or how it is regulated. For
this reason, EPA is developing a final
rule to make these minor corrections.
EPA does not anticipate any substantial
impact on small businesses or
State/tribal/local governments because
the final rule will not introduce any
new regulations or impose new
burdens. The corrections included in
this rulemaking will serve to reduce
confusion among the regulated
community and government authorities.
Timetable:
Action
Date FR Cite
Direct Rnal Rule
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3929
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE88
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3679. REPORTING EXEMPTIONS FOR
FEDERALLY PERMITTED RELEASES
OF HAZARDOUS SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 9602; 42 USC 11004
CFR Citation: 40 CFR 117; 40 CFR 302;
40 CFR 355
Legal Deadline: None
Abstract: This action will clarify the
definition of federally permitted release
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). Federally permitted releases
of hazardous substances are exempt
from CERCLA reporting and liability,
and from, reporting under section 304
of the Emergency Planning and
Community Right-to-Know Act.
Timetable:
Action
Date FR Cite
NPRM 07/19/88 53 FR 27268
Supplemental Notice 07/11/89 54 FR 29306
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2394
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AB82
3680. STREAMLINING THE
PREAUTHORIZATION MIXED
FUNDING FOR APPLICATION AND
IMPLEMENTATION OF CLAIMS
AGAINST SUPERFUND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9601
CFR Citation: 40 CFR 307
Legal Deadline: None
Abstract: Current regulations at 40 CFR
part 307 provide for the
preauthorization of claims against the
Superfund in instances where the
Agency makes a determination that
mixed funding is appropriate. This
process has been labeled by many
stakeholders as overly burdensome. The
Agency has reviewed the current
process in order to identify areas in
which burdens may be lessened and
requirements may be streamlined. As a
result, the Agency is considering a
proposal to amend the current
regulation to: streamline the application
process by eliminating duplicative
information requirements; minimize the
requirements related to management,
oversight, and reporting of the cleanup,
by removing the requirement to be
guided by the Federal Acquisition
Requirements, and replacing the
requirement of maximum free and open
competition with a bright-line standard;
allow claimants to provide independent
certification of claims and supporting
documentation; streamline the actual
payment process by taking advantage of
the electronic funds transfer process;
ensure that cost recovery concerns are
addressed by requiring claimants,
within a settlement document, to
reimburse the Fund for costs not
recovered (only in the event cost
recovery is initiated), due to claimants'
failure to provide adequate
documentary support or upon a
determination that response costs
expended (and claimed) were not
reasonable or not incurred consistent
with the National Contingency Plan
and ensure proper accounting by
requiring offsets for funds owed to the
Agency by claimants.
Timetable:
Action Date FR Cite
NPRM
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3885
Agency Contact: Phyllis Anderson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5201G, Washington, DC 20460
Phone: 703 603-8971
Fax: 703 603-9146
Email: anderson.phyllis@epa.gov
Lynn Beasley, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE38
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EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
3681. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USG 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under CERCLA. It is
necessary to develop evaluation criteria
because the Agency has the authority
under CERCLA 102(a) to designate
substances as hazardous; however, the
Agency does not have criteria to do so.
To date the only substances designated
as CERCLA hazardous substances are as
a result of their appearance on other
Acts' lists defined under CERCLA
101(14). Using CERCLA designation
criteria the Agency may establish
CERCLA hazardous substances
independently from other Acts, in the
interest of public health and the
environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102 [a] hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
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@epa.gov
RIN: 2050-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3682. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Regulatory Plan: This entry is Seq. No.
137 in part II of this issue of the
Federal Register.
RIN: 2040-AD42
3683. EFFLUENT GUIDELINES AND
STANDARDS FOR THE AQUATIC
ANIMAL PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: CWA sec 301; CWA
sec 304; CWA sec 306; CWA sec 307;
CWA sec 308; CWA sec 318; CWA sec
402; CWA sec 501
CFR Citation: 40 CFR 451
Legal Deadline: NPRM, Judicial, June
30, 2002.
Final, Judicial, June 30, 2004.
Abstract: EPA is focusing new efforts
to help reduce nutrient loadings from
commercial agricultural and industrial
operations nationwide. Currently, there
are no Federal technology-based
standards for aquatic animal production
facilities, which are part of the
aquaculture industry. This action is a
new effort to develop pollutant controls
in the form of nationally applicable
discharge standards for commercial and
public aquaculture operations.
In assessments of surface water quality,
States most frequently cite siltation,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and inconsistent state
regulatory oversight, EPA will examine
available technologies for the control of
pollutants, primarily nutrients. This
action was formerly titled Aquaculture.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4406
Sectors Affected: 112519 Other
Animal Aquaculture; 112512 Shellfish
Farming; 112511 Finfish Farming and
Fish Hatcheries
Agency Contact: Marta E. Jordan,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0817
Fax: 202 260-7185
Email: jordan.marta@epa.gov
Kristen Strellec, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-6036
Fax: 202 260-7185
Email: strellec.kristen@epa.gov
RIN: 2040-AD55
3684. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT
PRODUCTS POINT SOURCE
CATEGORY (REVISIONS)
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1361
CFR Citation: 40 CFR 432 (Revision)
Legal Deadline: NPRM, Judicial,
December 31, 2001.
Final, Judicial, December 31, 2003.
Abstract: The Agency is revising
effluent limitations guidelines and
standards for the Meat Products Point
Source Category. The current
regulations, at 40 CFR 432, are more
than 20 years old and are limited to
a few conventional pollutants. Recent
concerns about nutrient discharges
from these facilities might be resolved
by additional effluent limitations. In
particular, the current regulations do
not address ammonia nitrogen for red
meat slaughterous es/packinghouses
(subparts A to D). Nutrients are a
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62369
EPA—Clean Water Act (CWA)
Proposed Rule Stage
significant remaining water quality
problem for impaired streams.
Revisions to the current regulations
will also include effluent limitations for
poultry processing, which is not
currently covered by any effluent
guideline.
Timetable:
Action
Date
FR Cite
NPRM 12/00/01
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4407
Sectors Affected: 311611 Animal
(except Poultry) Slaughtering; 311612
Meat Processed from Carcasses; 311613
Rendering and Meat By-product
Processing; 311615 Poultry Processing
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7149
Fax: 202 260-7185
Email: lewis.samantha@epa.gov
RIN: 2040-AD56
3685. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: NPRM, Judicial,
January 15, 2002, Consent decree
specifies that EPA will sign proposed
Federal replacement standards by
1/15/02 unless EPA approves state use
designations.
Final, Statutory, 90 Days after Proposal.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA requires the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
states' water quality standards. EPA is
developing a proposed rule to
determine the appropriate use
designations for seven waterbodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action
Date
FR Cite
NPRM 01/00/02
Final Action 06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region04, Atlanta, GA 30303
Phone: 404 562-9267
Cara Lalley, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-0314
Fax: 202 260-9830
Email: lalley.cara@epa.gov
RIN: 2040-AD35
3686. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7
CFR Citation: 40 CFR 136.3(IB)
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve a new analytical
test procedure (method) for the
determination of mercury in the
wastewater program as authorized
under the Clean Water Act (CWA). This
new test procedure is capable of
measuring mercury at low parts-per-
trillion (ppt; ng/L) concentrations and
would be an alternative to the recently
promulgated EPA Method 1631, which
also determines mercury at low ppt
concentrations. EPA Method 245.7 uses
similar technology to EPA Method 1631
(cold vapor atomic fluorescence
spectrometry), but it does not require
the use of a gold trap. Laboratories
claim that EPA Method 245.7 is a less
burdensome and more cost-effective
method than EPA Method, 1631.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4377
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD52
3687. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Regulatory Plan: This entry is Seq. No.
138 in part II of this issue of the
Federal Register.
RIN: 2040-AD62
3688. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY SEWER COLLECTION
SYSTEMS, MUNICIPAL SATELLITE
COLLECTION SYSTEMS, AND
SANITARY SEWER OVERFLOWS
Regulatory Plan: This entry is Seq. No.
136 in part n of this issue of the
Federal Register.
RIN: 2040-AD02
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62370
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
3689. RECOGNITION AWARDS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1361(a) and
(e); CWA 501(a) and (e)
CFR Citation: 40 CFR 105 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is establishing
a framework for the annual Clean Water
Act (CWA) Recognition Awards known
as the National Wastewater
Management Excellence Awards
Program. Section 501(e) of the CWA
authorized the Administrator, on behalf
of the U.S. Government, to recognize
outstanding technological achievements
or innovative processes, methods or
devices in waste treatment and
pollution abatement programs. The rule
would establish regulations under
which the recognition may be applied
for and granted. The existing awards
program recognizes innovative and
outstanding achievements, processes,
methods or devices in: Operations and
Maintenance (O&M) of Publicly Owned
Treatment Works (POTW); Biosolids
Management {Biosolids); POTW
Pretreatment Programs; Municipal and
Industrial Storm Water (SW)
Management; and Combined Sewer
Overflows (CSO) Controls. These
wastewater management programs can
generally be characterized as waste
treatment and/or pollution abatement
programs. EPA may later establish,
discontinue, combine or rename
categories by notice published in the
Federal Register. Though the Agency
has conducted an awards program for
many years, this rulemaking action
clearly acknowledges the basis for the
program. EPA is formalizing the CWA
Recognition Awards program using a
direct final rulemaking because the
Agency does not expect adverse
comments. Unless the Agency receives
comments requiring a response during
the public comment period associated
with an identical companion proposed
rule published elsewhere in the Federal
Register on the same day, the
formalized program would become
effective without further notice.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4332
Note: This rule was formerly known as
National Wastewater Management
Excellence Awards Program.
Sectors Affected: 2213 Water, Sewage
and Other Systems; 5622 Waste
Treatment and Disposal
Agency Contact: Maria Campbell,
Environmental Protection Agency,
Water, 4204M, Washington, DC 20460
Phone: 202 564-0628
Fax: 202 501-2396
Email: campbell.maria@epa.gov
RIN: 2040-AD44
3690. OCEAN DISCHARGES CRITERIA
REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1343 et seq
CFR Citation: 40 CFR 125.121(a); 40
CFR 125.121(e); 40 CFR 125.122; 40
CFR 125.123; 40 CFR 125.124
Legal Deadline: None
Abstract: EPA is proposing to modify
the existing regulations implementing
the ocean protection provisions of
section 403 of the Clean Water Act. A
key element of the proposed rule would
provide for establishment of baseline
water quality standards for ocean
waters beyond three miles offshore.
These waters, designated "Healthy
Ocean Waters," would be protected by
both a narrative statement of desired
quality and pollutant-specific numeric
criteria. The proposed rule also would
strengthen the requirements for a
permit to discharge to any ocean
waters, and would create a process for
establishing Special Ocean Sites
(SOSs), which are areas within ocean
waters that are of outstanding value,
where new and significantly expanded
discharges would be prohibited. The
proposed rule will enhance the
protection of the ocean environment
and meet the goals of the Executive
order on Marine Protected Areas (E.O.
13158).
Timetable:
NPRM-Companion of 01/00/02
Direct Final Rule
Direct Final Rule 01/00/02
Action
Date
FR Cite
NPRM
Final Action
04/00/02
04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4446
Sectors Affected: 21111 Oil and Gas
Extraction; 22132 Sewage Treatment
Facilities; 221111 Hydroelectric Power
Generation; 221112 Fossil Fuel Electric
Power Generation; 42271 Petroleum
Bulk Stations and Terminals; 325412
Pharmaceutical Preparation
Manufacturing; 311711 Seafood
Canning
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504-F, Washington, DC 20460
Phone: 202 260-1952
Fax: 202 260-9920
James Woodley, Environmental
Protection Agency, Water, 4504-F,
Washington, DC 20460
Phone: 202 260-1998
Fax: 202 260-9920
Email: woodley.james@epa.gov
RIN: 2040-AD60
3691. CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I383(h)
CFR Citation: 40 CFR 35.3l25(b)(l)
Legal Deadline: None
Abstract: This regulation will revise
the Clean Water State Revolving Fund
(CWSRF) Regulations to allow the use
of loans from the non-Federal and non-
State match share of CWSRF funds as
a match for infrastructure grants. In
1990, EPA issued regulations
implementing the CWSRF program,
established as title VI of the Clean
Water Act (CWA) in 1987. Section
603(h) of the CWA prohibits use of the
CWSRF loan as matching funds with
respect to the non-Federal share of the
cost of a treatment works project for
which a municipality or agency is
receiving assistance from the
Administrator under any other
authority. In issuing its regulations at
40 CFR 35.3125(b)(l), EPA interpreted
this prohibition broadly, applying the
restriction to all treatment works
construction. At that time, EPA
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62371
EPA—Clean Water Act (CWA)
Proposed Rule Stage
believed the replacement of the
construction grants program authorized
by title II of the CWA by the CWSRF
would result in a significant decrease
in the use of other Federal grant funds
for treatment works construction.
However, from FY 1995 onward,
Congress has authorized and
appropriated funds for infrastructure
construction grants in various
appropriations acts. There are currently
over 700 projects totaling over S3.3
billion dollars. In several cases, EPA
has been asked to allow CWSRF funds
to be used as a match for these grants;
but 40 CFR 35.3125[b)(l) prohibits such
action. Upon reconsideration, EPA has
decided its initial reading in 1990 was
too broad, and the intent of Congress
was only to prohibit use of CWSRF
loans as a match for title II construction
grants. This action will revise the
regulations to allow a State, in its
operation of the CWSRF, to permit a
CWSRF loan for non-title II
infrastructure construction grant
projects to be used as a non-Federal
match in certain circumstances. The
prohibition on the use of CWSRF as
a match for a title II construction grant
will continue.
Timetable:
Action
Date
FR Cite
NPRM 02/00/02
Direct Final Rule With 02/00/02
Companion NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4493
Agency Contact: Chau Hoang,
Environmental Protection Agency,
Water, 4204M, Washington, DC 20460
Phone: 202 564-0689
Fax: 202 501-2396
Email: hoang.chau@epa.gov
Gary Hudiburgh, Environmental
Protection Agency, Water, EN-336,
4204M, Washington, DC 20460
Phone: 202 564-0626
Fax; 202 501-2396
Email: hudiburgh.gary@epa.gov
RIN: 2040-AD68
3692. 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 1251 et seq;
33 USC iai4(h); CWA 304(h}; 33 USC
1361(a); CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR parts 136 and
141 to approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
(CWA) and Safe Drinking Water Act.
This regulation would propose new
methods for metals such as Method
1638 (which utilizes ICP/MS), new
methods for chemical pollutants (e.g.,
Method 245.7), and updated methods
for chemical and biological pollutants
(e.g., Methods 625 and 1625), including
methods from voluntary consensus
standards bodies (VCSBs), and from
other external organizations. The new
and updated methods include methods
from organizations such as the
American Society for Testing and
Materials (ASTM), Standard Methods,
Association of Official Analytical
Methods-International, and U.S.
Geological Survey.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4540
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gome2-taylor.maria@epa.gov
RIN: 2040-AD71
3693. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (REVISIONS TO
METHOD 1631)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); CWA
304(h); 33 USC 1361(a); CWA 501(a)
CFR Citation: 40 CFR 136.3
Legal Deadline: NPRM, Judicial,
September 30, 2001, Settlement
agreement.
Final, Judicial, September 30, 2002,
Settlement agreement.
Abstract: This proposal would amend
EPA Method 1631 to add new
requirements for clean techniques and
quality control (QC) beyond those
specified in EPA Method 1631 for the
determination of mercury at water
quality criteria levels. EPA Method
1631 was promulgated at 40 CFR 136
in June 1999. Later that year, the
Alliance of Automobile Manufacturers,
the Chemical Manufacturers
Association, and the Utility Water Act
Group (Petitioners) filed a petition for
judicial review of the final rule. One
of the issues in the petition related to
the clean sampling techniques and QC
requirements in the Method. As part of
a Settlement Agreement in October
2000, EPA agreed to sign a Federal
Register notice proposing additional
clean techniques and QC requirements
for Method 1631 by September 30,
2001, and to take final action by
September 30, 2002.
Timetable:
Action
Date
FR Cite
Rnal Action Technical 06/18/01 66 FR 32774
Correction
NPRM 10/09/01 66FR51518
NPRM Comment 12/10/01
Period End
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4541
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-tayloT.maria@epa.gov
RIN: 2040-AD72
3694. • 2002 EFFLUENT GUIDELINES
PLAN
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(m) CWA
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial, August
28, 2002.
Abstract: The Effluent Guidelines Plan
is published biennially as required by
the Clean Water Act and a consent
decree. The Plan is often called the
304(m) Plan, based on the relevant
section in the Clean Water Act. The
Plan discusses the status of ongoing
rulemakings, development of additional
rules, and preliminary studies. The
Plan sets forth EPA's rationale for the
selection of particular industries as
candidates for new or revised effluent
guidelines. The 2002 edition will
include regulatory plans beyond those
industries covered by the consent
decree, and OW will use the 2002 Plan
as a strategic opportunity to help
design the future of the technology-
based pollution control program for
industrial sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/02
08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4576
Agency Contact: Pat Harrigan,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-8479
Fax: 202 260-7185
Email: harrigan.patricia@epa.gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-9126
Fax: 202 260-7185
Email: matuszko.jan@epa.gov
RIN: 2040-AD78
3695. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC I321(d](2);
CWA section 31l(d)(2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP) (40 CFR part
300.900). Section 311(d)(2)(G) of the
Clean Water Act requires that EPA
prepare a schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data specified in 40 CFR
300.915 to EPA. This rulemaking will
propose revisions to subpart J to clarify
and change protocols for effectiveness
and toxicity testing. It will clarify EPA
authority to remove products from the
Product Schedule. These changes will
help ensure protection of the
environment when these products are
used to clean up and mitigate oil spills
into or upon navigable waters,
adjoining shorelines, the waters of the
contiguous zone, or which may affect
natural resources belonging to or under
the exclusive management authority of
the United States.
Timetable:
Action
Date
FR Cite
NPRM
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
Other Chemical Product Manufacturing;
325 Chemical Manufacturing; 3251
Basic Chemical Manufacturing
Agency Contact: William Nick
Nichols, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5203G, Washington, DC
20460
Phone: 703 603-9918
Fax: 703 603-9116
Email: nichols.nick@epa.gov
RIN: 2050-AE87
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3696. EFFLUENT GUIDELINES AND
STANDARDS FOR THE IRON AND
STEEL MANUFACTURING POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1362 CWA sec 501
CFR Citation: 40 CFR 420
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, April 30, 2002.
Abstract: EPA is proposing to revise
the effluent limitations guidelines and
standards for the Iron and Steel
Manufacturing Point Source Category to
reflect significant industry changes
related to consolidation and
modernization within the U.S.
steelmaking industry as well as
advances in manufacturing
technologies, in-process pollution
prevention, water conservation
practices, and end-of-pipe wastewater
treatment.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62373
EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Rnal Action
12/27/00 65 FR 81963
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3833
Sectors Affected: 331111 Iron and
Steel Mills; 3312 Steel Product
Manufacturing from Purchased Steel;
3328 Coating, Engraving, Heat Treating
and Allied Activities; 324199 All Other
Petroleum and Coal Products
Manufacturing
Agency Contact: George Jett,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7151
Fax: 202 260-7185
Email: jett.george@epa.gov
Kevin Tingley, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-9843
Email: tingley.kevin@epa.gov
RIN: 2040-AC90
3697. EFFLUENT GUIDELINES AND
STANDARDS FOR THE BLEACHED
PAPERGRADE KRAFT
SUBCATEGORY OF THE PULP,
PAPER, AND PAPERBOARD
CATEGORY; CERTIFICATION IN LIEU
OF MONITORING FOR CHLOROFORM
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1342 CWA sec
402; 33 USC 1318 CWA sec 308; 33
USC 1361 CWTA sec 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: This action is a follow-on to
the already-promulgated Pulp and
Paper Cluster Rules covering the
Bleached Papergrade Kraft Subcategory
(Subpart B). EPA is considering
allowing Subpart B mills to certify
process changes {specifically,
elimination of elemental chlorine and
hypochlorite) and operating conditions
in lieu of minimum monitoring to
demonstrate compliance with the
effluent limitations for chloroform.
Action
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18796
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4192
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WATER/1998/April/Day-15/w9615.htm
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1826
Fax: 202 260-7185
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD23
3698. EFFLUENT GUIDELINES AND
STANDARDS FOR THE COAL MINING
POINT SOURCE CATEGORY
(REVISIONS)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 434
Legal Deadline: NPRM, Judicial, March
31, 2000.
Final, Judicial, December 31, 2001.
Abstract: Coal mining discharges are
covered by existing effluent guidelines
at 40 CFR part 434. This new regulatory
action will revise the existing
regulations to address two new
subcategories: Coal Remining and
Western Alkaline Coal Mining. The
existing regulations do not cover
remining operations, which, when
appropriately planned and regulated,
will improve effluent quality from
abandoned mine lands while
reclaiming them and prevent
disturbance of unexploited lands.
Advances in treatment technologies and
Best Management Practices pertinent to
coal mines in the arid West show
promise of being more protective of
water quality.
Timetable:
Action-
NPRM
Notice of Data
Availability
Final Action
--Date FRCtte —
04/11/00 65 FR 19440
07/30/01 66 FR 39300
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4168
Sectors Affected: 21211 Coal Mining
Agency Contact: John Tinger,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AD24
3699. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 13Gl(a) CWA 501{a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES Program unless the Regional
Administrator approves an alternative
procedure. EPA plans to segment the
rulemaking into two phases to
accommodate different amounts of data
for the long list of compounds.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
ERA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
NPRM
Final Action
Date
10/18/95
06/00/02
FR Cite
60 FR 53988
Timetable:
Action
NPRM
Final Action
Date FR Cite
08/30/01 66 FR 45811
09/00/02
Timetable:
Action
NPRM
Final Action
Date
10/18/95
06/00/02
FR Cite
60 FR 53988
Regulatory Flexibility Analysis
Required: No
Smalt Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3155 Additional Information: SAN No. 4047
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AC95
3700. TEST PROCEDURES FOR
ANALYSIS FOR BIOLOGICAL
CONTAMINANTS UNDER CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h) CWA
304(h); 33 USC 1361 CWA 50l(a)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve EPA Method 1622
and to approve microbiological
methods for monitoring ambient water
for the detection of Cryptosporidium,
Giardia, E. coli and Enterococci. in
ambient waters by nitration of a 10-
L sample in laboratory, separation of
target organisms from other debris
using immunomagnetic separation, and
detection of the organisms using
immunofluorescence assay and
differential interference contrast
microscopy and confirmation
examination of the organisms using
vital dye stains. This proposed
regulation would approve test
procedures to be available for use by
testing laboratories.
Agency Contact: Robin K. Oshiro,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7278
Fax: 202 260-7185
Email: oshiro.robin@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08
3701. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I314(h) CWA
304(h); 33 USC 1361{a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES unless the Regional
Administrator approves an alternative
procedure. This rulemaking would
constitute the second of two segments
of rulemaking initially proposed as one
action.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4089
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD12
3702. TEST PROCEDURES: CLEAN
WATER ACT AND SAFE DRINKING
WATER ACT METHODS UPDATE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
CWA 304(h); 33 USC 1314(h); CWA
50l(a); 33 USC 1361(a); SDWA 1412;
42 USC 300 g-1; 42 USC 300f(l); SDWA
1401(a); SDWA 1445; SDWA 1450(a);
42 USC 300J-4; 42 USC 300j-9(a]
CFR Citation: 40 CFR 136; 40 CFR 141;
40 CFR 143
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136,
National Primary Drinking Water
Regulations under 40 CFR part 141, and
National Secondary Drinking Water
Regulations under 40 CFR part 143 to
approve updated versions of analytical
test procedures (methods) from
voluntary consensus standards bodies
and other organizations. These methods
are used to comply with monitoring
requirements in the wastewater and
drinking water programs, as authorized
under the Clean Water Act (CWA) and
the Safe Drinking Water Act (SDWA).
This regulation would approve updated
versions of methods for determination
of chemical, radiological, and
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EPA—Clean Water Act (CWA)
Final Rule Stage
microbiological pollutants in
wastewater and drinking water. The
updates are to methods from voluntary
consensus standards bodies (the
American Society for Testing and
Materials and Standard Methods) and
from the U.S. Geological Survey and
the Department of Energy. Previously
approved versions of the methods being
updated remain approved. Because EPA
received adverse comments on the
direct final rule published on January
16, 2001, the Agency withdrew the
direct final on May 15, 2001. EPA plans
to issue a final rulemaking addressing
the adverse comments by early 2002,
based on a companion proposal to the
direct final rule.
Timetable:
Action
Date
FR Cite
Direct Final Rule
Notice of Withdrawal
of Direct Final Rule
Rnal Action
01/16/01 66 FR 3466
05/15/01 66 FR 26795
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4409
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax; 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD59
3703. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT NEW FACILITIES
UNDER SECTION 316(B) OF THE
CLEAN WATER ACT, PHASE 1
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1316 CWA sec 306; 33
USC 1326 CWA sec 316; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial, July
20, 2000.
Final, Judicial, November 9, 2001.
Abstract: This rulemaking affects new
facilities that use cooling water intake
structures. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to section 301 or
306 of the Clean Water Act and
applicable to a point source shall
"requireThaTtheTocation, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact
associated with the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement refers to
trapping fish and other aquatic life on
intake screens or other devices where
they may be injured or killed.
Entrainment occurs when smaller
aquatic organisms, eggs and larvae are
drawn into a cooling system and then
pumped back out, often with significant
injury or mortality due to heat, physical
stress or exposure to chemicals.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/10/00 65 FR 49059
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3444
Sectors Affected: 61131 Colleges,
Universities and Professional Schools;
336 Transportation Equipment
Manufacturing; 21 Mining; 22111
Electric Power Generation; 22133 Steam
and Air-Conditioning Supply; 311 Food
Manufacturing; 3122 Tobacco
Manufacturing; 313 Textile Mills; 321
Wood Product Manufacturing; 322
Paper Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
327 Nonmetallic Mineral Product
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-7185
Email: nagle.deborah@epa.gov
Debra Hart, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-0905
Email: hart.debra@epa.gov
RIN: 2040-AC34
3704. • TOTAL MAXIMUM DAILY
LOAD (TMDL) PROGRAM
REGULATIONS REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1313
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 130
Legal Deadline: None
Abstract: On July 13, 2000, EPA
published a final Total Maximum Daily
Load (TMDL) Program Regulation (65
FR 23580). At that time, EPA expected
this to become effective the end of
October 2001 (30 days after the existing
Congressional restriction on
implementation). On August 9, 2001
(66 FR 41817), EPA published a
proposed rule to establish April 30,
2003 as the effective date of the final
TMDL rule. This will allow the Agency
time to convene a consensus -building
process to engage the full spectrum of
affected parties in developing a
successful TMDL program. The
consensus-building process will
consider new information, including
the recent National Academy of
Sciences report recommending changes
to the TMDL program, in an effort to
speed up the cleanup of the nation's
waters by developing a workable
program with broad stakeholder
support.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
NPRM Delay of
Effective Date
Delay of Rnal Rule
Effective Date
NPRM
Final Action
08/23/99 64 FR 46011
07/13/00 65 FR 43586
08/09/01 66 FR 41817
10/18/01 66 FR 53044
06/00/02
04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
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EPA—Clean Water Act (CWA)
Final Rule Stage
Additional Information: SAN No. 4145
Split from RIN 2040-AD22.
Agency Contact: Francoise M. Brasier,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-5668
Email: brasier.francoise@epa.gov
John Wilson, Environmental Protection
Agency, Water, 4503F, Washington, DC
20460
Phone: 202 260-7078
RIN: 2040-AD79
3705. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344 CWA sec
404
CFR Citation: 40 CFR 230
Legal Deadline: None
Abstract: This action would revise the
testing provisions of the Clean Water
Act section 404(b)(l) guidelines to
provide for comparisons between
dredged material proposed for
discharge and reference sediment.
Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
currently employs a reference sediment
approach. This action is not expected
to have a significant impact on State,
local, or tribal governments or small
business, as the action will be limited
to Corps projects and permit
applications for which dredged material
testing is necessary, and because the
effect of the action will be limited to
changing the location of an otherwise
collected sample.
Timetable:
Action
Date
FR Cite
NPRM 01/04/95 60FR419
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3288
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9910
Email: goodin.john@epa.gov
RIN: 2040-AC14
3706. REVISION TO CLEAN WATER
ACT REGULATORY DEFINITION OF
"FILL MATERIAL"
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.2(e); 40 CFR
232.2
Legal Deadline: None
Abstract: Section 404 of the Clean
Water Act requires a permit from the
US Army Corps of Engineers (Corps)
for discharges of dredged or fill
material to waters of the United States.
The Environmental Protection Agency
(EPA) and Corps regulations
implementing section 404 currently
contain differing definitions of the term
fill material. In particular, the Corps
regulations define fill material as being
used for the primary purpose of
replacing an aquatic area with dry land
or changing the bottom elevation of a
waterbody. In contrast,. EPA's definition
of fill material looks to whether the
effect is to replace waters of the United
States with dry land or change the
bottom elevation of waterbodies, and
does not contain a primary purpose test
as found in the Corps regulations. In
order to clarify what constitutes fill
material for purposes of section 404
and provide improved regulatory
certainty, the Corps and EPA are
conducting notice and comment
rulemaking to achieve greater
consistency between the two agencies'
definitions of fill material.
Timetable:
Action
Date FR Cite
NPRM 04/20/00 65 FR 21292
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4375
Agency Contact: Brenda Mallory,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-0044
Fax: 202 260-7546
Email: mallory.brenda@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502F,
Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RIN: 2040-AD51
3707. ROUND 2 STANDARDS FOR
THE USE OR DISPOSAL OF SEWAGE
SLUDGE
Priority: Other Significant
Legal Authority: 33 USC 1345 CWA sec
405; 33 USC 1361(a) CWA sec 501(a)
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999.
Final, Judicial, December 15, 2001.
Abstract: Section 405 of the Clean
Water Act (CWA) requires EPA to
promulgate regulations providing
guideline's for the use and disposal of
sewage sludge. The rules, among other
things, are to identify uses for sewage
sludge, including disposal, and
concentrations of pollutants which
interfere with such use or disposal. The
statute establishes a schedule for EPA
to identify and regulate toxic pollutants
in sewage sludge in two rounds: first
with respect to those toxic pollutants
for which information is available and
subsequently, with respect to those
toxic pollutants in sewage sludge not
regulated in the first round which may
adversely affect public health and the
environment. The regulations must
specify management practices,
including numeric limits, for each such
pollutant, for each use or disposal
practice. EPA published the first round
of sewage sludge regulations, pursuant
to a court ordered schedule, in
February 1993 (58 FR 9247) and
proposed round two regulations in
December 1999. EPA's round two
proposal identified dioxins,
dibenzofurans and coplanar
polychlorinated biphenyls as the
additional toxic pollutants in sewage
sludge to be regulated for sewage
sludge that is to be applied to the land.
The consent decree requires EPA to
take final action on proposed round
two regulations by December 15, 2001.
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62377
EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM 12/23/99 64 FR 72045
Rnal Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Juris dictions"
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3488
Agency Contact: Alan B. Rubin.
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
Alan B. Hais, Environmental Protection
Agency, Water, 4304, Washington, DC
20460
Phone: 202 260-7579
Fax: 202 260-1036
Email: hais.alan@epa.gov
RIN: 2040-AC25
3708. PROCEDURES FOR TRIBES TO
OBTAIN APPROVAL FOR TREATMENT
AS A STATE TO RECEIVE FUNDING
FOR THE BEACHES PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 33 UCS 1375(a) et seq
CFR Citation: 40 CFR 35; 40 CFR 130
Legal Deadline: None
Abstract: This interim final rule would
establish procedures under the Clean
Water Act for EPA to treat Indian tribes
in substantially the same manner in
which it treats States for purposes of
obtaining financial assistance.
As part of the Beaches Environmental
Assessment and Coastal Health Act of
2000, EPA is authorized to award
grants to develop and implement
monitoring and notification programs
for coastal or Great Lakes recreational
waters. This rule will describe the
requirements for Indian tribes to
become eligible for grants.
Timetable:
Action
Date
FR Cite
Interim Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4515
Agency Contact: Frances A. Desselle,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1320
RIN: 2040-AD69
3709. RULE TO REVISE AND TO
RATIFY OR WITHDRAW WHOLE
EFFLUENT TOXICITY TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(hJ; CWA
304(h); 33 USC 1361(a); CWA 501[a)
CFR Citation: 40 CFR 136.3
Legal Deadline: NPRM, Judicial,
September 24, 2001, Settlement
Agreement.
Final, Judicial, September 24, 2002,
Settlement Agreement.
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 by revising several whole
effluent toxicity (WET) test methods
and by ratifying or withdrawing WET
test methods listed in Table IA for use
under the Clean Water Act. These
methods were promulgated on October
16, 1995 [60 FR 53529). The proposed
regulation is needed to satisfy the terms
of two settlement agreements (entered
into by EPA and Edison Electric
Institute, et al., and Western Coalition
of Arid States on July 24, 1998; and
entered into by EPA and Lone Star
Steel in January, 1997). This proposal
will amend the 1995 rule by revising
three- WET- methed-raamials, and by
ratifying or withdrawing each of the
WET test methods challenged in the
settlement agreements from these three
manuals. Specific revisions include: the
requirement of blocking by parentage in
Method 1002, the requirement for
demonstration of valid concentration-
response relationships, the inclusion of
specific procedures to control pH drift,
and the inclusion of procedures to
reduce pathogenic interferences in
Method 1000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/28/01 66 FR 49794
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4514
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-7117
Fax: 202 260-7185
Email: kelly.marion@epa.gov
RIN: 2040-AD73
Environmental Projection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3710. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Economically Significant
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 413; 40 CFR 433;
40 CFR 438; 40 CFR 463; 40 CFR 464;
40 CFR 467; 40 CFR 471
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, December 31, 2002.
Abstract: EPA is developing effluent
limitations guidelines for facilities that
generate wastewater while processing
metal parts; metal products; and
machinery, including manufacture,
assembly, rebuilding, repair, and
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EPA—Clean Water Act (CWA)
Long-Term Actions
maintenance. In 1995 EPA proposed
regulations for seven industrial groups:
aircraft, aerospace, hardware, ordnance,
stationary industrial equipment, mobile
industrial equipment, and electronic
equipment. EPA has consolidated this
rulemaking with a second phase, whose
scope would include additional
industrial groups such as: bus and
truck, household equipment,
instruments, motor vehicles, office
machines, precious metals and jewelry,
railroads, job shops, printed circuit
boards, and ships and boats. The
deadlines and timetable apply to the
consolidated Phase 1 and 2 rulemaking.
Timetable:
Action
Date
FR Cite
NPRM(Phasel) 05/30/95 60FR28210
NPRM (Consolidated 01/03/01 66FR424
Phase 1 and 2)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2806
For more information on Metal
Products and Machinery on the
Internet, please visit:
http://www.epa.gov/ost/
guide/mpm/index.html
Sectors Affected: 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 339
Miscellaneous Manufacturing
Agency Contact: Shari Barash,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7130
Fax: 202 260-7185
Email: barash.shari@epa.gov
RIN: 2040-AB79
3711. EFFLUENT GUIDELINES AND
STANDARDS FpR THE PULP, PAPER,
AND PAPERBOARD CATEGORY,
PHASE II
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1318 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: EPA will consider revising
the technology-based effluent
limitations guidelines and standards for
8 of the 12 subcategories for this
industrial category: Unbleached Kraft
Semi-Chemical; Mechanical Pulp; Non-
Wood Chemical Pulp Secondary Fiber
Deink; Secondary Fiber Non-Deink;
Fine and Lightweight Papers from
Purchased Pulp; and Tissue, Filter,
Non-Woven, and Paperboard from
Purchased Pulp. EPA proposed
guidelines and standards for these
subcategories as part of the Pulp and
Paper Rules (also known as the Cluster
Rules] in December 1993. The Agency
intends to develop these revised
effluent limitations in close
coordination with the Office of Air
Quality Planning and Standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 4050
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
RIN: 2040-AD10
3712. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REGULATION AND
EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS FOR
CONCENTRATED ANIMAL FEEDING
OPERATIONS (CAFOS)
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122.23; 40 CFR
412
Legal Deadline: NPRM, Judicial,
December 15, 2000, Effluent guidelines
and standards only.
Final, Judicial, December 15, 200'2,
Effluent guidelines and standards only.
Abstract: Feedlot operations are
covered by existing effluent guidelines
at 40 CFR 412 and concentrated animal
feeding operations (CAFOs) are covered
by permitting regulations at 40 CFR
122.23. This action will revise the
existing effluent guidelines primarily to
address swine, poultry, beef, and dairy
cattle operations and will revise the
NPDES regulation for concentrated
animal feeding operations. The existing
regulations, which require the largest
confined animal feeding operations to
achieve zero discharge of wastes to
surface waters except for certain storm
related discharges, have not been
sufficient to resolve water quality
impairment from feedlot operations.
Feedlot operations are substantial
contributors of nutrients in surface
waters that have severe anoxia (low
levels of dissolved oxygen) and
problem algae blooms.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/12/01 66FR2959
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4153
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Long-Term Actions
This rule was formerly know as
Effluent Guidelines and Standards for
Feedlots Point Source Category, and
NPDES Regulation for Concentrated
Animal Feeding Operations
Sectors Affected: 11221 Hog and Pig
Farming; 11232 Broilers and Other
Meat Type Chicken Production; 11231
Chicken Egg Production; 112112 Cattle
Feedlots; 11212 Dairy Cattle and Milk
Production; 11241 Sheep Farming;
11233 Turkey Production; 11292 Horse
and Other Equine Production; 11239
Other Poultry Production
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-3163
Fax: 202 260-7185
Email: shriner.paul@epa.gov
Karen Metchis, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 564-0734
Email: metchis.karen@epa.gov
RIN: 2040-AD19
3713. EFFLUENT GUIDELINES AND
STANDARDS FOR THE DISSOLVING
KRAFT AND DISSOLVING SULFITE
SUBCATEGORIES OF THE PULP,
PAPER, AND PAPERBOARD POINT
SOURCE CATEGORY (PHASE 111)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). This action,
which OW refers to as Phase III of the
Cluster Rules, will respond to
comments and reflect new data. There
are five domestic mills in these two
subcategories. The final rule is
anticipated to set limits for adsorbable
organic halides (AOX), chemical
oxygen demand {COD], chloroform,
dioxin, furan, and 12 specific
chlorinated phenolics.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Mo
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1826
Fax: 202 260-7185
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD49
3714. EFFLUENT GUIDELINES AND
STANDARDS FOR THE INDUSTRIAL
CONTAINER AND DRUM CLEANING
POINT SOURCE CATEGORY.
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Industrial facilities that clean
out 55 gallon drums and other
industrial sized containers are not
currently subject to nationally
applicable wastewater treatment
standards. Many types of toxic and
hazardous materials, including
pesticides, solvents, and petrochemical
products are transported in bulk via
drums and containers. Most of these
containers have a residue, or heel,
present in the containers before they
are cleaned. The accumulation of
residue from large numbers of drums
and containers may result in the
discharge of pollutants to the Nation's
waterways. This regulation is expected
to cover those facilities that clean out
drums and industrial sized containers
as a business, and would generally not
cover industrial facilities that clean out
their own drums and containers used
on site.
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4408
Sectors Affected: 562998 All Other
Miscellaneous Waste Management
Services
Agency Contact: John linger,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
Yu-Ting Guilaran, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-3596
Fax: 202 260-7185
Email: guilaran.yu-ting@epa.gov
RIN: 2040-AD57
3715. WATER QUALITY STANDARDS
REGULATION — REVISION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1313 CWA sec
303 (c)
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Water quality standards set
by States and Indian tribes establish the
water quality goals for surface waters
of the U.S. and the means by which
attainment of these goals will be
measured and assured. They are the
foundation for protecting water quality
and related public health and welfare
and the ecological health of the nation's
waters. The Federal water quality
standards regulation at 40 CFR Part 131
governs the development, review and
revision of water quality standards
under section 303[c) of the Clean Water
Act by States and Indian Tribes, and
the review and approval of water
quality standards by EPA. Based upon
the Federal, State, Tribal and local
experience gained in the program over
the last 20 years, EPA's proposed
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62380
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
revisions to 40 CFR 131 are intended
to strengthen the water quality
standards regulation thus enhancing
water quality management on a
watershed basis, and focusing Federal,
State and Tribal resources on the areas
of greatest concern. Program areas
identified for revision include mixing
zone policies and procedures.
Timetable:
Action Date PR Cite
ANPRM
NPRM
07/07/98 63 FR 36741
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3662
Agency Contact: Jennifer Wigal,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-5177
Fax: 202 260-9830
Email: wigal.jennifer@epa.gov
Susan Gilbertson, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 20.2 260-1188
Fax: 202 260-9830
Email: gilbertson.sue@epa.gov
RIN: 2040-AC56
3716. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131; 40 CFR
121.17 (New); 40 CFR 122.4
(Amended); 40 CFR 123.1 (Amended);
40 CFR 131.4 (Amended); 40 CFR
131.40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Legal Deadline: Final, Statutory, 90
Days after Proposal.
Abstract: EPA is considering proposing
a national rule containing core Federal
water quality standards (WQS) to
support tailored, site-specific decisions
for certain waters in Indian country
that do not have EPA-approved tribal
standards. EPA is contemplating this
rule as a first step towards ensuring
that the core Clean Water Act (CWA)
framework for protecting water quality
is in place for all such waters. The core
Federal water quality standards would
establish: use designations consistent
with CWA section 101(a) goals, cultural
and traditional, and other uses; water
quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a tribe) to affect pollution discharges
occurring upstream from tribal waters,
provide a basis for including water
quality based limitations or conditions
in permits or certifications for
discharges within Indian country; and
provide the basis for establishing Total
Maximum Daily Loads (TMDLs) for
Indian country waters. A Federal
promulgation would not prevent tribes
from developing their own standards.
The Office of Management and Budget
reviewed the proposal and returned it
to EPA on October 2, 2001, for further
consideration and analysis. EPA is
considering how to proceed.
Timetable:
Action
Date
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. 4344
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1542
Fax: 202 260-9830
Email: leutner.fred@epa.gov
Edward Hanlon, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202 260-5396
Fax: 202 260-9830
Email: hanlon.edward@epa.gov
RIN: 2040-AD46
3717. 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(h) CWA
304(h); 33 USC 1361(a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. Because the
methods currently approved under 40
CFR part 136 were designed to support
primarily technology-based permitting
needs, and because these technology-
based levels are as much as 280 times
higher than water quality-based criteria
for metals, approval of new EPA test
procedures is necessary.
Timetable:
Action
NPRM
Final Action
Date
To Be
To Be
FR Cite
Determined
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gome2-taylor.maria@epa.gov
RIN: 2040-AC75
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62381
EPA—Clean Water Act (CWA)
Long-Term Actions
3718. INCREASED METHOD
FLEXIBILITY FOR TEST
PROCEDURES APPROVED FOR
CLEAN WATER ACT COMPLIANCE
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h) CWA
304 (hj; 33 USC laaifc) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
[2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3714
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC92
3719. PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304[h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713
NPRM-
http://www.epa.gov/fe drgstr/EP A-
W ATER/19 9 7/March/Day-
28/w7221.htm
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC93
3720. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLOR1NATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
CWA 304(h); 33 USC 1314(h); CWA
501{a); 33 USC 1361(a]
CFR Citation: 40 CFR 136; 40 CFR 503
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
parts 136 and 503 to approve EPA
Method 1668 for the congener-specific
determination of co-planar and mono-
ortho-substituted polychlorinated
biphenyls (PCBs) in effluent, ambient
water, and sludge. This method is
necessary for the implementation of
water quality-based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
Clean Water Act. Water quality-based
permits are necessary when technology-
based controls do not ensure that a
particular water body would meet the
State's designated water quality
standard. At present there is no EPA
analytical method for determination of
these PCBs at the levels of concern.
Therefore, approval of a new EPA test
procedure is necessary.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/03
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4049
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62382
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09
3721. REVISIONS TO METHOD
DETECTION AND QUANTIFICATION
FOR USE UNDER THE CLEAN WATER
ACT AND SAFE DRINKING WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); GWA
304(h); 33 USC 1361(a); CWA 50l(a);
42 USC 300f; SDWA 1401
CFR Citation: 40 CFR 136(b)
Legal Deadline: NPRM, Judicial,
February 28, 2003, Settlement
Agreement.
.Final, Judicial, September 30, 2004,
Settlement Agreement.
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 related to the detection and
quantification procedures currently
used hy EPA for analytes regulated in
the wastewater program as authorized
under the Clean Water Act (CWA) and
in the drinking water program under
the Safe Drinking Water Act (SDWA).
The current method detection limit
(MDL) procedure is set forth at 40 CFR
part 136, appendix B. EPA has not
promulgated a generic procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program and the practical
quantitation level (PQL) in its drinking
water program. The ML is defined in
analytical methods and is generally set
at 3.18 times the MDL. The PQL is
generally set at five to ten times the
MDL. The Office of Water has been
working to revise and refine these
concepts in response to the need to
regulate pollutants at low levels (often
levels that are lower than measurement
capabilities will allow) and to address
other potential approaches to detection
and quantification, including concepts
being introduced by outside
organizations such as voluntary
consensus standards bodies (VCSBs).
The rulemaking would also reevaluate
the current MDL and quantification
approaches and assess alternative
approaches.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/03
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4378
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD53
3722. 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. 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
10/00/03
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4357
Agency Contact: Gregory Stapteton,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0141
Fax: 202 260-7185
Email: stapleton.gregory@epa.gov
RIN: 2040-AD39
3723. 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. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1316 CWA sec 306; 33
USC 1326 CWA sec 316; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial, June
15, 2003.
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Unified Agenda
62383
EPA—Clean Water Act (CWA)
Long-Term Actions
Final, Judicial, December 15, 2004.
Abstract: This ruleraaking affects, at a
minimum, existing facilities that use
cooling water intake structures, and
whose intake flow levels exceed a
minimum threshold EPA will
determine during this rulemaking. The
affected facilities include: (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. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of this action is to
minimize the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement refers to
trapping fish and other aquatic life
against cooling water intake structures.
Entrainment occurs when aquatic
organisms', eggs and larvae are drawn
into the cooling system, through the
heat exchanger, and then pumped back
out with significant injury or mortality
to the entrained organisms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/03
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4543
Split from RIN 2040-AC34.
Sectors Affected: 326 Plastics and
Rubber Products Manufacturing; 325
Chemical Manufacturing; 324
Petroleum and Coal Products
Manufacturing; 322 Paper
Manufacturing; 321 Wood Product
Manufacturing; 313 Textile Mills; 3122
Tobacco Manufacturing; 311 Food
Manufacturing; 22133 Steam and Air-
Conditioning Supply; 21 Mining;
211111 Crude Petroleum and Natural
Gas Extraction; 211112 Natural Gas
Liquid Extraction; 22111 Electric Power
Generation; 327 Nonmetallic Mineral
Product Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 333
Machinery Manufacturing; 334
Computer and Electronic Product
Manufacturing; 335 Electrical
Equipment, Appliance and Component
Manufacturing; 336 Transportation
Equipment Manufacturing; 61131
Colleges, Universities and Professional
Schools
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-7185
Email: nagle.deborah@epa.gov
Debra Hart, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-0905
Fax: 202 260-7185
Email: hart.debra@epa.gov
RIN: 2040-AD70
3724. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Legal Authority: 33 USC 1314 CWA sec
304; 33 USC 1317 CWA sec 307; 33
USC 1342 CWA sec 402; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the General Pretreatment
Regulations (40 CFR part 403) that
address restrictions on and oversight of
industrial discharges into Publicly
Owned Treatment Works (POTWs). The
final rule will include exclusions or
variable requirements for smaller
facilities that contribute insignificant
amounts of pollutants, clarify
requirements for implementing
Pretreatment Standards, and provide
more flexible reporting, inspection and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
Date FR Cite
NPRM
Rnal Action
07/22/99 64 FR 39564
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3663
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WATER/1999/July/Day-22/wl7773.htm
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0652
Fax: 202 564-6431
Email: smith.jeff@epa.gov
Jan Pickerel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickerel.jan@epa.gov
RIN: 2040-AC58
3725. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1312 CWA sec 302; 33
USC 1314 CWA sec 304; 33 USC 1316
CWA sec 306; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to issue several
rulemaking packages to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification, and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include adding additional permit
modifications that can be considered
minor modifications at 122.63, and
changes to requirements concerning
EPA's review of State permits. Other
revisions may be considered as work
on this rule progresses. This
rulemaking is expected to affect entities
which implement the NPDES program
or are regulated by it. This includes
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62384 Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Clean Water Act (CWA) Long-Term Actions
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: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3786
Agency Contact: Thomas Charlton,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 564-6960
Fax: 202 564-9544
Email: charlton.tom@epa.gov
Howard Rubin, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 564-2051
Fax: 202 564-9544
Email: nabin.howarde@epa.gov
RIN: 2040-AC84
3726. CLEAN WATER ACT DEFINITION
OF WATERS OF THE UNITED STATES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1361 CWA sec
501; 33 USC 1362 CWA sec 502
CFR Citation: 33 CFR 328.3(a); 40 CFR
110.1; 40 CFR 112.2; 40 CFR 116.3; 40
CFR 117.1; 40 CFR 122.2; 40 CFR
230.3(s); 40 CFR 232.2; 40 CFR 257.3-
l(d); 40 CFR 300, app E; 40 CFR
401.11(1)
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to amend the regulatory
definition of waters of the United
States. The proposal would clarify the
juris dictional status under the Clean
Water Act (CWA) of so-called
"isolated" intrastate waters and
wetlands. The existing regulations
contain language asserting jurisdiction
over isolated intrastate waters, but that
regulatory provision has been the
subject of a January 9, 2001, U.S.
Supreme Court opinion. Revision of the
regulatory language is necessary to
address the Court's decision, improve
regulatory clarity, and provide more
specificity regarding CWA jurisdiction.
The rulemaking would clarify CWA
jurisdiction for entities (e.g., industrial,
commercial, governmental) that
discharge pollutants, including dredged
or fill material, to isolated intrastate
surface waters or wetlands. Significant
impacts on small entities or
State/local/tribal governments are not
anticipated, as the proposed regulatory
revisions would be consistent with the
Supreme Court ruling.
Timetable:
Action
Date
FR Cite
NPRM 12/00/02
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2804
Agency Contact: Donna Downing,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-8795
Fax: 202 260-7546
Email: downing.donna@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502F,
Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RIN: 2040-AB74
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3727. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI AND
ENTEROCOCCI UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136.3
Completed:
Reason
Date
FR Cite
Merged into RIN 2040- 07/17/01
ADOS, SAN No.
4047
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William A. Telliard
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor
Phone: 202 260^1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD34
3728. REVISION OF NPDES
INDUSTRIAL PERMIT APPLICATION
REQUIREMENTS AND FORM 2C—
WASTEWATER DISCHARGE
INFORMATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 40 CFR 122.21(e)
Completed:
Reason
Date
FR Cite
Withdrawn - No
Further Action
Planned at This
Time
10/01/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Agency Contact: Ruby Cooper-Ford
Phone: 202 564-0767
Fax: 202 564-6431
Email: ford.ruby@epa.gov
RIN: 2040-AC26
3729. • TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (REVISIONS TO
METHOD 1631)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3i4(h); CWA
304(h); 33 USC 1361(a); CWA 501(a)
CFR Citation: 40 CFR 138.3
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62385
EPA—Clean Water Act (CWA)
Completed Actions
Legal Deadline: Final, Judicial, June
15, 2001, Direct Final.
Abstract: EPA plans to publish a
correction notice on Method 1631 prior
to proposal of the new clean techniques
and QC requirements to clarify the use
of field blank subtraction.
Timetable:
Action
Date
FR Cite
Technical Corrections 06/18/01 66 FR 32774
Merged into BIN 2040- 09/13/01
AD72, SAN No.
4541
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4581
Merged into RIN 2040-AD72.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303 ,
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD74
3730. PRETREATMENT PROGRAM
REINVENTION PILOT PROJECTS
UNDER PROJECT XL
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 403
Completed:
Reason
Date
FR Cite
Final Action
10/03/01 66 FR 50334
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Chad Carbone
Phone: 202 260-4296
Fax: 202 260-1812
Email: carbone.chad@epa.gov
Brian Frazer
Phone: 202 260-0101
Fax: 202 260-1460
Email: frazer.brian@epa.gov
RIN: 2090-AA16
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
3731. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq;
SDWA 1412(b)(l)(B)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
August 6, 2001, Final Regulatory
Determination.
Abstract: The 1996 amendments to the
Safe Drinking Water Act [SDWA)
requires EPA to publish a list of non-
regulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first list, called
the Contaminant Candidate List (CCL),
was published in the Federal Register
on March 2, 1998 (63 FR 10274). When
establishing the 1998 CCL, EPA divided
the contaminants among three main
categories: 1) contaminants which are
priorities for additional research; 2)
contaminants which need additional
occurrence data; and 3) contaminants
which are priorities for consideration
for rulemaking. These contaminants are
collectively referred to as the
Regulatory Determination Priority
contaminants. In addition to publishing
the drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the CCL and
determine, by August 2001, whether to
regulate these contaminants with a
National Primary Drinking Water
Regulation (NPDWR). The Regulatory
Determination Priority category is the
list of contaminants from which the
Agency will determine whether or not
regulations are necessary. There are
currently nine contaminants that have
sufficient scientific information to make
regulatory determinations:
Acanthamoeba; Aldrin; Dieldrin;
Hexachlorobutadiene; Manganese;
Metribuzin Napthalene; Sodium; and
Sulfate. In order make a decision
whether or not to develop a NPDWR
for a contaminant, the SDWA requires
three statutory tests be met: (1) the
contaminant may have an adverse effect
on the health of persons; (2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and (3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: (1) regulate the contaminant
with a NPDWR; (2) develop guidance
(e.g., Health or Consumer Advisory); or
(3) determine no regulatory action is
necessary. Once a regulatory decision
is made, .the contaminant is removed
from the CCL.
Timetable:
Action
Date FR Cite
Notice of Preliminary 12/00/01
Regulatory
Determinations
Notice of Rnal 06/00/02
Regulatory
Determinations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4447
SDWA requires a final determination of
whether or not NPDWR(s) are necessary
for no less than 5 contaminants on the
CCL.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
Karen Wirth, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-0720
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62386
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
Fax: 202 260-3762
Email: wirth.karen@epa.gov
RIN: 2040-AD61
3732. 6-YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Regulatory Plan: This entry is Seq. No.
116 in part II of this issue of the
Federal Register.
RIN: 2040-AD67
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3733. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is a fuel additive used
primarily to increase the oxygen
content in gasoline. It has been used
in increasing quantity in the 1990s to
meet the requirements of the Federal
Reformulated Gasoline (RFC) and
Oxyfuels programs required by the
Clean Air Act Amendments of 1990.
Although the use of MTBE in gasoline
has helped to reduce harmful air
emissions, it is being detected in
ground water and surface water
throughout the country. In some
instances the affected waters are
drinking water sources. At relatively
low levels, MTBE's taste and odor can
make drinking water supplies
unacceptable to consumers. In this
action, EPA is proposing a secondary
standard for MTBE, which would
provide guidance for taste and odor
acceptability and to protect the public
welfare.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/02
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: James Taft,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-5519
Fax: 202 260-3762
Email: taft.james@epa.gov
RIN: 2040-AD54
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3734. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Regulatory Plan: This entry is Seq. No.
146 in part II of this issue of the
Federal Register.
RIN: 2040-AA94
3735. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
AND CLARIFICATIONS TO
COMPLIANCE AND NEW SOURCE
CONTAMINANT MONITORING
Regulatory Plan: This entry is Seq. No.
147 in part II of this issue of the
Federal Register.
RIN: 2040-AB75
3736. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
1 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Other Significant
Legal Authority: SDWA 1412(b); SDWA
1445(a)(l)(A)
CFR Citation: 40 CFR 9 (Revision); 40
CFR 141; 40 CFR 142 (Revision)
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: The purposes of the Long
Term 1 Enhanced Surface Water
Treatment Rule (LTlESWTR) are to
improve control of microbial pathogens,
specifically the protozoan
Cryptosporidium, in drinking water and
address risk trade-offs with disinfection
by-products. The LTlESWTR builds
upon the framework established for
systems serving a population of 10,000
or more in the Interim Enhanced
Surface Water Treatment Rule
(IESWTR). The LTlESWTR applies to
public water systems that use surface
water or ground water under the direct
influence of surface water and serve
fewer than 10,000 persons and includes
the following provisions: (1) 2-log
removal of Cryptosporidium; (2)
compliance with specific combined
filter fluent turbidity requirements; (3)
continuous turbidity monitoring for
individual filters with follow-up
activities based on monitoring results;
(4) development of a disinfection
profile unless applicability monitoring
at a particular plant demonstrated
TTHM and HAAS levels less than 0.064
mg/L and 0.048 mg/L respectively; (5)
development of a Giardia inactivation
disinfection benchmark and
consultation with the State before
making a significant change in
disinfection practices; (6) mandatory
covers for all newly constructed
finished water reservoirs; and (7)
unfiltered system compliance with
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62387
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
updated watershed control
requirements that add Cryptosporidium
as a pathogen of concern.
Timetable:
Action
Date FR Cite
NPRM
Rnal Action
04/10/00 65 FR 19095
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4147
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Tom Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
Patricia Hall, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-5750
Fax: 202 401-6135
Email: hall.patricia@epa.gov
RIN: 2040-AD18
3737. UNDERGROUND INJECTION
CONTROL CLASS V PHASE 2
REVISIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300(h); Safe
Drinking Water Act 1421-1425
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, April
30, 2001.
Final, Judicial, May 31, 2002.
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to protect current
and future underground sources of
drinking water (USDWs) from the
endangerment posed by Class V
underground injection control (UIC)
wells. Class V UIC wells are typically
shallow waste disposal systems that are
diverse in purpose, design, geographic
distribution, the nature of the fluids
injected, and endangerment potential.
In accordance with the judicial
deadlines in a consent agreement, EPA
finalized specific regulations addressing
two types of high risk UIC Class V
injection wells (motor vehicle waste
disposal wells and large-capacity
cesspools) in December 1999. That
regulatory action is informally referred
to as the UIC Class V Phase 1 Rule.
Also, in accordance with the consent
agreement, EPA must evaluate all other
Class V well types and determine if
additional specific requirements are
necessary to protect USDWs and if so,
finalize the appropriate requirements.
On May 7, 2001, EPA published a
proposed determination that existing
federal regulation of Class V well is
adequate to protect drinking water
supplies, and that additional federal
UIC regulations are not needed at this
time to prevent Class V wells from
endangering underground sources of
drinking water. EPA is currently
evaluating the public comment received
on the proposed determination and
plans to publish a final determination
by May 2002.
Timetable:
Action
Date
FR Cite
Notice of Proposed 05/07/01 66 FR 22971
Determination
Final Action - Notice of 05/00/02
Final Determination
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4451
Agency Contact: Robyn Delehanty,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-1993
Fax: 202 260-0732
Email: delehanty.robyn@epa.gov
Ryan McReynolds, Environmental
Protection Agency, Water, 4606
Phone: 202 260-3709
Fax: 202 260-0732
Email: mcreynolds.ryan@epa.gov
RIN: 2040-AD63
3738. • MINOR REVISIONS TO THE
PUBLIC NOTIFICATION RULE AND
THE CONSUMER CONFIDENCE
REPORT RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: As part of a settlement
agreement, EPA agreed to make specific
changes to the health effects language,
in the Public Notification and
Consumer Confidence Report Rules,
concerning di(2-ethylhexyl)adipate
(DEHA) and di(2-ethylhexyl)phthalate
(DEHPJ. With respect to DEHA, the
proposed new wording would replace
a reference to "general toxic effects"
with specific toxic effects wording (i.e.,
weight loss and liver enlargement) and
add the word "possible" to the
reference to reproductive effects. With
respect to DEHP, the proposed revision
would add the word "well" in front
of the phrase in excess of the MCL to
describe when the health effects may
be experienced. In addition, this
proposal would include a negotiated
paragraph on the proper use of the
Agency's Integrated Risk Information
System (IRIS). EPA is also making the
following minor changes to the
Consumer Confidence Report Rule:
removing "leaching from wood
preservatives" as a likely source for
copper contamination; revising
appendix A to move some disinfection
byproducts contaminants from the
"volatile organic contaminants" section
to the "inorganic contaminants"
section; and revising appendix A to
change "chloride dioxide" to "chlorine
dioxide."
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
09/07/01 66 FR 46928
10/09/01
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4561
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Kathy Williams,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-2589
Fax: 202 401-2345
Email: williams.kathleena@epa.gov
RIN: 2040-AD77
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62388
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3739. USE OF SCREENING METHODS
FOR COMPLIANCE MONITORING OF
DRINKING WATER CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f SDWA
1401; 42 USC 300g-l SDWA 1412; 42
USC 300J-4 SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: The 1996 Safe Drinking
Water Act (SDWA) Amendments
require EPA to review new analytical
methods that may be used for regulated
contaminants screening or analysis,
including screening methods. After this
review, EPA may approve such
methods that are deemed more accurate
or cost-effective than established
reference methods for use in
compliance monitoring or the
monitoring of unregulated
contaminants. In this advanced notice
of proposed rulemaking, EPA
announces its intention to integrate the
use of screening methods in the overall
scheme of drinking water compliance
monitoring. Efforts will be made to
keep the proposal consistent with the
Office of Water plan for Performance
Based Methods (FBMS). EPA will
identify regulated contaminates, types
of monitoring and specific areas within
each monitoring framework which are
amenable to the use of screening
methods. A logical application of
screening procedures would be in a
tiered monitoring mode where Tier 1
(screening phase) would identify the
principal problem areas while Tier 2
would use sampling and analysis to
more carefully identify and quantify
specific contaminants. EPA would
identify specific screening methods
which are available for use based on
their performance characteristics,
tolerance to sample interferences,
validation for drinking water analysis
and correlation of results with
traditional instrumental methods. The
use of screening methods is expected
to make drinking water compliance
monitoring cheaper and faster, and
provide flexibility to the Public Water
Systems in the choice of analytical
methods. Laboratory acceptance limits
and other method performance
requirements that were specified under
previous rules will not be changed in
this rule making. The final action
would only add new analytical
methods and/or analytical approaches
and would not withdraw or modify
previously approved methods.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
10/00/02
07/00/03
07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4212
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dr. Jitendra Saxena,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-9579
Fax: 202 260-3762
Email: saxena-jitendra@epa.gov
Dr. Richard Reding, Environmental
Protection Agency, Water, U.S. EPA
Facilities, Cincinnati, OH 45268
Phone: 513 569-7961
Fax: 513 569-7191
Email: reding.richard@epa.gov
R1N: 2040-AD31
3740. 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 300f; SDWA
1412
CFR Citation: 40 CFR 141 400 to 406;
40 CFR 142 14 to 16 (revision)
Legal Deadline: Final, Statutory, May
2003.
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 associated with the consumption
of waterborne pathogens from fecal
contamination for a substantial number
of people served by ground water
sources. The proposed strategy
addresses risks through a multiple-
barrier approach that relies on five
major components: periodic sanitary
surveys of ground water systems
requiring the evaluation of eight
elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2340
Statutory deadline for final: After
August 6, 1999 but before the
Administrator promulgates a stage II
rulemaking for disinfection and
disinfection byproducts.
NPRM-
http://www.epa.gov/safewater/gwr.html
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Eric Burneson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-1445
Fax: 202 401-6135
Email: burneson.eric@epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-2954
Fax: 202 401-6135
Email: bone.tracy@epa.gov
RIN: 2040-AA97
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Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62389
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
3741. 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;
SDWA 1412
CFR Citation: 40 CFR 141; 40 GFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will
reexamine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
NPRM
Final Action
Date
08/00/04
08/00/05
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
Karen Wirth, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-0720
Fax: 202 260-3762
Email: wirth.karen@epa.gov
RIN: 2040-AC13
3742. 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: 40 USC 300g-l(b);
SDWA 1412(b); 42 USC 300f; 42 USC
300g-l; 42 USC 300g-2; 42 USC 300g-
3; 42 USC 300g-4; 42 USC 300g-5; 42
USC 300g-6; 42 USC 300J-4; 42 USC
300j-9;42 USC 300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR 9
Legal Deadline: None
Abstract: The Long Term 2 Enhanced
Surface Water Treatment Rule
(LT2ESWTR) will control risk from
microbial pathogens in drinking water.
It is being developed simultaneously
with the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBPR)
which will address risk caused by the
use of disinfectants in drinking water.
This rule could affect all public water
systems that use surface water as a
source. Promulgating the LT2ESWTR
and the Stage 2 DBPR as a paired
rulemaking is necessary to ensure that
adequate protection from microbial risk
is maintained while EPA manages risk
from disinfection byproducts. In
developing the LT2ESWTR, EPA will
analyze a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete .picture of
the occurrence of waterborne pathogens
than was available previously. EPA will
also use significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the pathogenicity of
certain pathogens, to determine
effective regulatory requirements for
controlling microbial risk. On March
30, 1999 EPA established a committee
of stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these rules
and an agreement in principle was
signed in September 2000 outlining the
proposed rule options.
Timetable:
Action Date FR Cite
Final Action
NPRM
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal.
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4341
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-1439
Fax: 202 401-6135
Email: schmelling.dan@epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
RIN: 2040-AD37
3743. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 40 USC 300g-l(b);
SDWA 1412(b); 42 USC 300f; 42 USC
300g-2; 42 USC 300g-3; 42 USC 300g-
4; 42 USC 300g-5; 42 USC 300g-6; 42
USC 300J-4; 42 USC 300J-9; 42 USC
300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR 9
Legal Deadline: Final, Statutory, May
2003.
Abstract: This Regulation, along with
a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
-------
62390
Federal Register/Vol. 66, No. 232/Mondav. December 3, 2001/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. In
developing the Stage 2 DBPR, EPA will
analyze a significant body of new
survey data on source water quality
parameters, treatment data and
disinfection byproduct occurrence. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of DBFs and
microbiological pathogens than was
available previously. EPA will also use
new information on the health effects
of exposure to DBFs to determine
effective regulatory requirements for
controlling risk. On March 30, 1999
EPA reconvened a committee of
stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these rules
and an Agreement in Principle was
signed in September 2000 outlining the
proposed rule options.
Timetable:
Action
Date FB Cite
NPRM
Final Action
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4342
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jennifer McLain,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-0431
Fax: 202401-6135
Email: mclain.jennifer@epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
RIN: 2040-AD38
3744. REGULATED DRINKING WATER
CONTAMINANT OCCURRENCE
REPORTING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f
CFR Citation: 40 CFR 142.15
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary Drinking
Water Regulations to require public
water systems and States to report
regulated drinking water contaminant
occurrence level data to EPA. At.
present, States only report violation
data for the purpose of compliance
tracking, as concentrations that exceed
the Maximum Contaminant Level. The
data will be compared to health effects
levels and used to compare occurrence
frequency with monitoring
requirements. The results of these
analyses may be used to modify
existing regulations during the
statutorily required 6-year regulatory
review cycle.
Timetable:
Action
NPRM
Final Action
Date
12/00/02
06/00/04
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4369
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Charles Job,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-7084
Email: job.charles@epa.gov
RIN: 2040-AD48
3745. UPDATE OF STATE
UNDERGROUND INJECTION
CONTROL PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l;
SDWA sec 1422; 42 USC 300h-4;
SDWA sec 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 09/00/03
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, 4606, Washington, DC 20460
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
62391
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Phone: 202 260-2363
Fax: 202 260-0732
Email: salazar.mario@epa.gov
Bruce Kobelski, Environmental
Protection Agency, Water, 4606,
Washington, DC 20460
Phone: 202 260-7275
Fax: 260 202-4656
RIN: 2040-AD40
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3746. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: SULFATE
Priority: Other Significant
CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
Reason
Date FR Cite
Merged into RIN 2040- 09/13/01
AD61,SANNo.
4447
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Dan Olson
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
Karen Wirth
Phone: 202 260-0720
Fax: 202 260-3762
Email: wirth.karen@epa.gov
RIN: 2040-AC07
3747. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: FILTER
BACKWASH RECYCLING RULE
Priority: Other Significant
CFR Citation: 40 CFR 141.76; 40 CFR
142.16
Completed:
Reason
Date
FR Cite
Final Action
06/08/01 66 FR 31086
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Katie Leo
Phone: 202 260-0052
Fax: 202 401-2345
Email: leo.katie@epa.gov
Philip Berger
Phone: 202 260-7006
TDD Phone: 202 401-6135
Email: berger.philip@epa.gov
RIN: 2040-AD65
3748. * UNREGULATED
CONTAMINANT MONITORING
REGULATION FOR PUBLIC WATER
SYSTEMS; AMENDMENT TO THE LIST
2 RULE AND PARTIAL DELAY OF
REPORTING OF MONITORING
RESULTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: Under the Safe Drinking
Water Act [SDWA), EPA published
Revisions to the Unregulated
Contaminant Monitoring Regulation
(UCMR) for public water systems on
September 17,1999, which included
lists of contaminants for which
monitoring was required or would be
required in the future once analytic
methods were established for them. The
Agency supplemented these revisions
to the UCMR on January 11, 2001,
establishing analytical methods for
contaminants and activating monitoring
requirements for some of the
contaminants on the UCMR lists. This
regulation corrects the January 2001
UCMR to include that public water
system laboratories that have been
certified to use EPA Method 515.3 are
automatically certified to use EPA
Method 515.4 for unregulated
contaminant monitoring analysis and
delays requirements for electronic
reporting of unregulated contaminant
monitoring results until EPA's data
system is able to accept data.
Timetable:
Action
Date FR Cite
Direct Final Rule 09/04/01 66 FR 46221
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4560
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Chuck Job,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-7084
Fax: 202 401-3041
Email: job.charles@epa.gov
RIN: 2040-AD75
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Final Rule Stage
3749. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
-------
62392
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Unified Agenda
EPA—Shore Protection Act (SPA)
Final Rule Stage
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. In regards to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 2820
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504F, Washington, DC 20460
Phone: 202 260-6419
Fax: 202 260-9920
Email: giordano.steven@epa.gov
James Woodley, Environmental
Protection Agency, Water, 4504-F,
Washington, DC 20460
Phone: 202 260-1998
Fax: 202 260-9920
Email: woodley.james@epa.gov
RIN: 2040-AB85
[FR Doc. 01-26705 Filed 11-30-01; 8:45 am]
BILLING CODE 6560-50-S
-------
-------
B. INDEX TO ENVIRONMENTAL PROTECTION AGENCY 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 Regulatory Plan and the
Unified Agenda
The following index lists the regulatory actions in this publication for which agencies believe that
the Act may require a Regulatory Flexibility Analysis because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.)
of the entry identifies the location of the entry in this edition. For further information, see the Regulatory
Information Service Center's Introduction to The Regulatory Plan and the Unified Agenda in part II o'f
this issue.
Seq.
No.
130
137
146
147
3391
3457
3471
3478
3657
3710
Small Businesses
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
NESHAP: Lime Manufacturing
Control of Emissions from Spark Ig-
nition Marine Vessels and High-
way Motorcycles
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
NESHAP: Reinforced Plastic Com-
posites Production
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Seq.
No.
3712
3740
3742
Title
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines and Standards for Con-
centrated Animal Feeding Oper-
ations (CAFOs)
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
Small Governmental Jurisdictions
Seq.
No.
130
146
147
3657
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefiliing
Seq.
No.
3740
3742
Seq.
No.
130
147
3657
3740
3742
Title
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
Small Organizations
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
-------
C. INDEX TO ENVIRONMENTAL PROTECTION AGENCY 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 Regulatory Plan and the
Unified Agenda. Some agencies have chosen to identify additional regulatory actions that may have some
impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen
to indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may
not be required. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this
edition. For further information, see the Regulatory Information Service Center's Introduction to The Regulatory
Plan and the Unified Agenda in part II of this issue.
Small Businesses
Seq.
No.
Seq.
No.
117
120
121
122
123
124
125
129
133
138
141
142
143
144
Title
EPA
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
Operating Permits: Revisions (Part
70)
NESHAP: Plywood and Composite
Wood Products
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess Heaters
NESHAP: Surface Coating of Auto-
mobiles and Light-Duty Trucks
Electric Utility Steam Generating
Unit MACT Regulation
Plant Incorporated Protectants
(PIPs); Exemption for PIPs That
Act by Primarily Affecting the
Plant
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
TSCA Inventory Update Rule
Amendments
Chemical Right-to-Know Initiative;
High Production Volume (HPV)
Chemicals
Plant Incorporated Protectants
(PIPs); Exemption for Those
Based on Viral Coat Proteins
Plant-Incorporated Protectants
(PIPs); Exemption for Those De-
rived Through Genetic Engineer-
ing From Sexually Compatible
Plants
145
148
3334
3335
3336
3338
3340
3343
3344
3350
3352
3362
3363
3371
3373
3385
3387
Title
Seq.
No.
Requirements for Zinc Fertilizer
Made From Recycled Hazardous
Secondary Materials
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Revision to EPAAR 1552.211-73,
Level of Effort
Revisions to Acquisition Regulation
Concerning Conflict of Interest
Incrementally Funding Fixed Price
Contracts
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Public Information and Confiden-
tiality Regulations
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Electronic Funds Transfer
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Hydrochloric Acid Pro-
duction Industry
National Emission Standards for
Hazardous Air Pollutants: Mis-
cellaneous Organic Chemical
Manufacturing and Miscellaneous
Coating Manufacturing
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
3389
3393
3394
3397
3398
3400
3404
3405
3406
3409
3410
3411
3413
3414
3417
3419
3420
3424
.3428
Title
NESHAP: Refractory Products Man-
ufacturing
NESHAP: Metal Can (Surface Coat-
ing) Industry
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Chromium Electroplating
Amendment
NESHAP: Site Remediation
NESHAP: Organic Liquids Distribu-
tion (Non-Gasoline)
Metal Furniture (Surface Coating)
NESHAP
Plastic Parts and Products (Surface
Coating) NESHAP
NESHAP: Wood Building Products
(Surface Coating)
Protection of Stratospheric Ozone:
Reconsideration of Section 608
Sales Restriction
Federal Implementation Plan (FIP)
for the Billings/Laurel, Montana
Sulfur Dioxide (SO2) Area
Federal Implementation Plans for
Indian Reservations in Idaho, Or-
egon and Washington
NESHAP: Chromium Electroplating
Amendment
Control of Emissions from Nonroad
Large Spark Ignition Engines,
Recreational Engines (Marine
and Land-based), and Highway
Motorcycles
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP: Brick and Structural Clay
Products Manufacturing
NESHAP: Clay Ceramics Manufac-
turing
Control of Methyl Tertiary Butyl
Ether (MTBE)
NESHAP for Friction Products Man-
ufacturing
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Federal Register/Vol. 66, No. 232/Monday. December 3. 2001/Small Entities Index
Small Businesses—Cont
Seq.
No.
Seq.
No.
3432
3433
3434
3437
3442
3452
3460
3461
3465
3469
3472
3473
3479
3482
3483
3484
3487
3488
3491
Title
Clarification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
Federal Plan Requirements for
Commercial and Industrial Solid
Waste Incineration Units Con-
structed on or Before November
30, 1999
Revisions to Part 97 Federal NOx
Budget Trading Program Allow-
ance Allocation Method and Part
75 Output and Emissions Moni-
toring Provisions
NESHAP: Amino/Phenolic Resins:
Amendment
Motor Vehicle and Engine Compli-
ance Program Fees for: Light-
Duty Vehicles and Trucks;
Heavy-Duty Vehicles and En-
gines; Nonroad Engines; and Mo-
torcycles
Protection of Stratospheric Ozone:
Allocation of Year 2002 Essential
Use Allowances
NSPS: Synthetic Organic Chemi-
cals Manufacturing Industry -
Wastewater (Final) & Amend, to
Appendix C of Part 63 & Appen-
dix J of Part 60
NESHAP: Petroleum Refineries;
Catalytic Cracking Units, Catalytic
Reforming Units and Sulfur Re-
covery Units
NESHAP: Cellulose Production
Manufacturing
Protection of Stratospheric Ozone:
Allowance System for Controlling
HCFC Production, Import & Ex-
port
NESHAP: Wet-Formed Fiberglass
Mat Production
Protection of Stratospheric Ozone:
Reconsideration on the 610 Non-
essential Products Ban
Amendments to General Provisions
Subparts A and B for 40 CFR 63
NESHAP: Large Appliance (Surface
Coating)
NESHAP: Metal Coil (Surface Coat-
ing) Industry
NESHAP: Leather Finishing Oper-
ations
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Paper and Other Web Coating
NESHAP
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
3495
3496
3500
3501
3515
3516
3520
3537
3538
3539
3542
3544
3563
3564
3566
3567
3571
3572
3575
3577
3579
3580
3581
3582
3583
Title
Seq.
No.
NESHAP for Flexible Polyurethane
Foam Fabrication Operations
Protection of Stratospheric Ozone:
Phaseout of
Chtorobromomethane (Halon
1011) Production and Consump-
tion
Revisions to the Part 97 Federal
NOx Budget Trading Program,
the Part 75 Emissions Monitoring
Provisions, the Part 72 Permits
Regulation Provisions, and the
Part 78 Appeal Procedures
Federal Plan for Small Municipal
Waste Combustion Units
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Oil and Natural Gas Pro-
duction
NESHAP: Manufacturing of Nutri-
tional Yeast
NESHAP: Boat Manufacturing
NESHAP: Solvent Extraction for
Vegetable Oil Production
NESHAP: Lightweight Aggregate
Manufacturing
NESHAP: Aluminum Die Casting
and Aluminum Foundries
Procedures for the Pesticide Reg-
istration Review Program
Data Requirements for Antimicrobial
Pesticide Registration
Data Requirement for Pesticide
Registration; Environmental Fate
and Ecological Effects
Data Requirements; Biochemical
and Microbiaf Pesticides
Pesticide Management and Dis-
posal
Pesticide Management and Dis-
posal; Standards for Pesticide
Containers and Containment
Registration Requirements for Anti-
microbial Pesticide Products; La-
beling and Other Regulatory
Changes
Pesticides; Tolerance Processing
Fees
Plant Incorporated Protectants (For-
merly Plant Pesticides)
Rulemakings
Data Requirements for Pesticide
Registration; Toxicology, Expo-
sure and Residue Chemistry
TSCA Policy Statement on Over-
sight of Transgenic Organisms
(Including Plants)
Test Rule; ATSDR Substances
TSCA Section 4 Enforceable Con-
sent Agreement for Certain
Oxygenated Fuel Additives
3584
3585
3586
3589
3590
3591
3592
3595
3596
3597
3598
3599
3600
3601
3602
3604
3605
3606
3607
3608
3609
3610
3611
Title
Test Rule; Multi-Substance Rule for
the Testing of Developmental and
Reproductive Toxicity
Follow-Up Rules on Existing Chemi-
cals
Significant New Use Rule; Selected
Flame Retardant Chemical Sub-
stances for Use in Residential
Upholstered Furniture
Test Rule; Generic Entry for ITC
Related Testing Decisions
Test Rule; Hazardous Air Pollutants
(HAPs)
Test Rule; Certain High Production
Volume (HPV) Chemicals
Test Rule; In Vitro Dermal Absorp-
tion Rate Testing of Certain
Chemicals of Interest to the Oc-
cupational Safety and Health Ad-
ministration
Significant New Use Rule; Certain
Perfluoroalkyl Sulfonyl (Pfos)
Containing Chemical Substances
Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Proc-
essing, and Distribution in Com-
merce
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
TSCA Section 8(a) Preliminary As-
sessment Information Rules
TSCA Section 8(d) Health and
Safety Data Reporting Rules
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
TSCA Section 8(e) Policy; Notice of
Clarification
Voluntary Children's Chemical Eval-
uation Program (VCCEP)
Test Rule; Certain Metals
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Significant New Use Rule; Refrac-
tory Ceramic Fibers
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyis (PCBs);
Use Authorizations
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
-------
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Small Entities Index
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3612
3615
3618
3621
3622
3623
3630
3632
3633
3637
3641
3642
3643
3650
3652
3653
3659
366:
3666
Title
Disposal of Polychlorinated
Biphenyls: Implementation Issues
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Clarity TRI Reporting Obligations
Under EPCRA Section 313 for
the Metal Mining Activities of Ex-
traction and Beneficiation
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tjon of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
mation Requirements
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Amendments to the Corrective Ac-
tion Management Unit Rule
Research, Development, and Dem-
onstration Permits for Municipal
Solid Waste Landfill
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Haz-
ardous Substances Reportable
Quantities
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Management of Cement Kiln Dust
(CKD)
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
Recycled Used Oil Containing
PCBs
Reinventing the Land Disposal Re-
strictions Program
3667
3668
3671
3683
3684
3690
3695
3696
3699
3700
3701
3703
3706
3711
3714
3715
3717
3718
Trtle
Seq.
No.
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
RCRA Controls for Wastewater
Treatment Units
project XL Site-Specific Rulemaking
for the US Filter Recovery Serv-
ices, Rosevflte, Minnesota, and
Approved Generators and Trans-
porters of USFRS XL Waste
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Meat Products Point
Source Category (Revisions)
Ocean Discharges Criteria Revi-
sions
Revisions to the National OB and
Hazardous Substances PoQutkxi
Contingency Plan; Subpart J
Product Schedule Listing Re-
quirements
Effluent Guidelines and Standards
for the Iron and Steel Manufac-
turing Point Source Category
(Revisions)
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase 11
Effluent Guidelines and Standards
for the Industrial Container and
Drum Cleaning Point Source Cat-
egory.
Water Quality Standards Regulation
— Revision
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
3719
3720
3723
3724
3725
3726
3727
3728
3730
3736
3738
3739
3741
3743
3744
3746
3747
3749
Title
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(RCBs) Under, the Clean Water
Act
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round 111
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Pretreatment Program Reinvention
Pilot Projects Under Project XL
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Shore Protection Act, Section
4103(b) Regulations
-------
Federal Register/Vol. 66. No. 232/Monday, December 3, 2001/Small Entities Index
Small Governmental Jurisdictions
Seq.
No.
Seq.
No.
117
120
122
123
129
136
138
142
148
3334
3344
3350
3368
3387
3398
3403
3424
3431
3433
3487
3501
Title
EPA
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
Operating Permits: Revisions (Part
70)
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
Electric Utility Steam Generating
Unit MACT Regulation
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
Chemical Right-to-Know Initiative;
High Production Volume (HPV)
Chemicals
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
NESHAP: Municipal Solid Waste
Landfills
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
NESHAP: Site Remediation
NESHAP: Publicly Owned Treat-
ment Works (POTW)-Amend-
ments II
Control of Methyl Tertiary Butyl
Ether (MTBE)
Revising Regulations on Ambient
Air Quality Monitoring
Federal Plan Requirements for
Commercial and Industrial Solid
Waste Incineration Units Con-
structed on or Before November
30, 1999
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Federal Plan for Small Municipal
Waste Combustion Units
3515
3516
3522
3531
3585
3596
3597
3600
3601
3608
3609
3610
3611
3612
3632
3637
3643
3667
3671
3677
Title
Seq.
No.
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NSPS and Emission Guidelines for
Other Solid Waste Incinerators
Rescinding Finding that Pre-existing
PM10 Standards No Longer Ap-
plicable in Northern Ada
County/Boise, Idaho
Follow-Up Rules on Existing Chemi-
cals
Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Proc-
essing, and Distribution in Com-
merce
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyls (PCBs);
Use Authorizations
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Research, Development, and Dem-
onstration Permits for Municipal
Solid Waste Landfill
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Temporary Suspension of Toxfcfty
Characteristic Rule for Specific
Lead-Based Paint Debris
Project XL Site-Specific Rulemaking
for the US Filter Recovery Serv-
ices, Roseville, Minnesota, and
Approved Generators and Trans-
porters of USFRS XL Waste
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
3690
3699
3700
3701
3703
3706
3707
3715
3717
3718
3719
3720
3723
3724
3725
3726
3727
3730
3736
Title
Ocean Discharges Criteria Revi-
sions
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Water Quality Standards Regulation
— Revision
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round III
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Pretreatment Program Reinvention
Pilot Projects Under Project XL
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Small Entities Index
Small Governmental Jurisdictions—Cont.
Seq.
No.
Seq.
No.
3738
3739
3741
3743
3744
3746
3747
3749
Title
Seq.
NO.
133
143
144
3334
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Shore Protection Act, Section
4103(b) Regulations
Small Organizations
Title
EPA
Plant Incorporated Protectants
{PIPs); Exemption for PIPs That
Act by Primarily Affecting the
Plant
Plant Incorporated Protectants
(PIPs); Exemption for Those
Based on Viral Coat Proteins
Plant-Incorporated Protectants
(PIPs); Exemption for Those De-
rived Through Genetic Engineer-
ing From Sexually Compatible
Plants
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
3340
3344
3350
3424
3522
3567
3579
3581
3600
3601
3609
3610
3611
3612
3667
3683
3699
Title
Seq.
No.
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Control of Methyl Tertiary Butyl
Ether (MTBE)
NSPS and Emission Guidelines for
Other Solid Waste Incinerators
Data Requirements; Biochemical
and Microbial Pesticides
Plant Incorporated Protectants (For-
merly Plant Pesticides)
Rulemakings
TSCA Policy Statement on Over-
sight of Transgenic Organisms
{Including Plants)
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Polychlorinated Biphenyls (PCBs);
Use Authorizations
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
3700
3701
3717
3718
3719
3720
3727
3736
3738
3739
3741
3743
3744
3746
3747
Title
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Pfanar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
-------
D. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES THAT MAY AFFECT
GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review" (October 4, 1993; 58 FR 51735) and
the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the effects of Federal
regulations on State, local, and tribal governments. In addition, Executive Order 12875 entitled "Enhancing
the Intergovernmental Partnership" (October 26, 1993; 58 FR 58093) directs agencies to reduce the imposition
of unfunded mandates upon State, local, and tribal governments. In keeping with these efforts, agencies
include in their submissions for The Regulatory Plan and the Unified Agenda information on whether their
regulatory actions have an effect on various levels of government.
The following index lists the regulatory actions in this publication that agencies believe may have
effects on State, local, tribal, or Federal levels of government. The Sequence Number (Seq. No.) of the
entry identifies the location of the entry in this edition. For further information, see the Regulatory Information
Service Center's Introduction to The Regulatory Plan and the Unified Agenda in part n of this issue.
State Government
Seq.
No.
Seq.
No.
117
118
120
125
127
128
129
130
132
134
135
136
137
Title
EPA
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
NAAQS: Sulfur Dioxide (Response
to Remand)
Operating Permits: Revisions (Part
70)
NESHAP: Surface Coating of Auto-
mobiles and Light-Duty Trucks
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Rulemakings for the Purpose of Re-
ducing Interstate Ozone Trans-
port
Electric Utility Steam Generating
Unit MACT Regulation
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Pesticide Emergency Exemption
Regulations
Office of Solid Waste Burden Re-
duction Project
Recycling of Cathode Ray Tubes
(CRTs) and Mercury-Containing
Equipment: Changes to Haz-
ardous Waste Regulations
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
138
139
140
145
146
147
148
3334
3344
3346
3347
3361
3362
3371
3372
TrtJe
Seq.
No.
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
New Source Review (NSR) Im-
provement
Groundwater and Pesticide Man-
agement Plan Rule
Requirements for Zinc Fertilizer
Made From Recycled Hazardous
Secondary Materials
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Project XL Site Specific Rulemaking
for NASA White Sands Test Fa-
cility Electronic Reporting in Las
Cruces, New Mexico
New Jersey Gold Track Project XL
Rule
New Jersey Gold Track Project XL
Rule
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Fumed Silica Production
3374
3375
3376
3377
3386
3387
3391
3394
3396
3397
3412
3413
3417
3418
3422
3423
3425
Title
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Uranium Hexafluoride
Production
Performance Specification 16 -
Specifications and Test Proce-
dures for Predictive Emission
Monitoring Systems in Stationary
Sources
NESHAP: Chlorine Production
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
NESHAP: Lime Manufacturing
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Primary Magnesium Re-
fining
NESHAP: Chromium Electroplating
Amendment
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112{r)(7); Third Party
Audit Provisions
NESHAP: Chromium Electroplating
Amendment
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
NESHAP: Taconite Iron Ore Proc-
essing Industry
-------
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Government Levels Index
State Government—Cont.
Seq.
No.
Seq.
No.
3431
3432
3433
3439
3440
3454
3470
3471
3476
3479
3486
3487
3491
3513
3516
3517
3518
3520
3522
352
Title
Revising Regulations on Ambient
Air Quality Monitoring
larification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
Federal PTan Requirements tor
Commercial and Industrial Solid
Waste Incineration Units Con-
structed on or Before November
30, 1999
Revisions to Regional Haze Rule to
Incorporate Sulfur Dioxide Mile-
stones and Backstop Emissions
Trading Program for Nine West-
em States
NESHAP: Portland Cement Manu-
facturing Industry, Amendments
to Rule to Implement Settlement
Agreement
Performance Specifications for Con-
tinuous Parameter Monitoring
Systems
NESHAP: Polyvinyl Chloride and
Copolymers Production
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
NESHAP: Primary Copper Smelting
Amendments to General Provisions
Subparts A and B for 40 CFR 63
Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
General Conformity Regulations;
Revisions
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51}
NESHAP: Oil and Natural Gas Pro-
duction
NSPS and Emission Guidelines for
Other Solid Waste Incinerators
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
3526
3542
3S5t
3553
3557
3560
3571
3562
3597
3600
3601
3604
3608
3609
3611
361
3614
3615
3617
3619
362
3622
362
Title
Seq.
No.
iccidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
NESHAP: Lightweight Aggregate
Manufacturing
'etftion by Colorado To Relax the
Reid Vapor Pressure Standard
for Gasoline for 2001
NESHAP: Ferroalloy Production:
Ferromanganese and
Silicomanganese
Protective Action Guidance for
Drinking Water
Modification of 40 CFR Part 194,
Appedix A, Waste Isolation P8ot
Plant Certification
Pesticide Management and Dis-
posal
Test Rule; ATSDR Substances
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Voluntary Children's Chemical Eval-
uation Program (VCCEP)
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyls (PCBs);
Use Authorizations
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues
TR1; Review of Chemicals on the
Original TR1 List
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Rulemaking To Change Toxics Re-
lease Inventory (TRI) Reporting
Requirements From Standard In-
dustrial Classification (SIC)
Codes to North American Indus-
trial Classification System
Emergency Planning and Commu-
nity Right-to-Know Act: Amend-
ments and Streamlining Rule
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
mation Requirements
3625
3626
3627
3628
3630
3632
3633
3634
3635
3636
3637
3639
3640
3641
364;
364,
364
Title
and Disposal Restrictions; Poten-
tial Revisions for Mercury Listed
and Characteristic Wastes
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Standardized P.ermit for RCRA Haz- .
ardous Waste Management Fa-
cilities
MESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors-Pnase
II Covering Boilers and Certain
Industrial Furnaces
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Amendments to the Corrective Ac-
tion Management Unit Rule
Regulation of Oil Bearing Wastes
From Petroleum Refineries
Gasified To Produce Synthesis
Gas
Revision of Wastewater Treatment
Exemptions tor Hazardous Waste
Mixtures
Municipal Solid Waste Landfill Lo-
cation Restrictions for Airport
Safety
Research, Development, and Dem-
onstration Permits for Municipal
Solid Waste Landfill
Project XL Site-Specific Rulemaking
for Anne Arundel County
Millersville Landfill, Severn, Mary-
land
Project XL Site-Specific Rulemaking
for Implementing Waste Treat-
ment Systems at Two Virginia
Landfills
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Haz-
ardous Substances Reportable
Quantities
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2 00 \l Government Levels Index
State Government—Cont.
Seq
No.
Seq
No.
3646
3649
3650
365:
3653
3654
3655
3656
3657
3658
3659
3660
3661
3662
3665
3667
3669
Title
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors - Par-
allel Proposed Rule
Project XL Site-Specific Rufemaking
for the IBM Semiconductor Manu-
facturing Facility in Hopewell
Junction, New York
Management of Cement Kiln Dust
(CKD)
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Hazardous Waste Manifest Regula-
tion
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potfiners from Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Commercial Electric
Power Producers
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilltng
Hazardous Waste Management
System: Slag Residues Derived
From High Temperature Metals
Recovery (HTMR) Treatment of
KO61, KO62 and F0006 Wastes
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Storage, Treatment, Transportation,
and Disposal of Mixed Wastes;
Final Rule
Recycled Used Oil Containing
PCBs
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Criteria for Classification of Solid
Waste Disposal Facilities and
Practices and Criteria for Munic-
ipal Solid Waste Landfills: Dis-
posal of Residential Lead-Based
Paint Waste
3670
3671
367;
3674
3676
3677
3683
3684
3685
3686
3689
3690
3691
3692
3693
3695
3696
3697
3698
Title
Seq
No.
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors
Project XL Site-Specific Rulemaking
for the US Filter Recovery Serv-
ices, Roseville, Minnesota, and
Approved Generators and Trans-
porters of USFRS XL Waste
Project XL Site-Specific Rulemaking
for Yolo County Landfill, Davis,
Yoio County, California
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Meat Products Point
Source Category (Revisions)
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Recognition Awards Under the
Clean Water Act
Ocean Discharges Criteria Revi-
sions
Clean Water State Revolving Fund
Regulation Revisions Re: Use as
Matching Funds
Test Procedures: New and Updated
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act and Safe Drinking
Water Act
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
Revisions to the National Ol and
Hazardous Substances PoBution
Contingency Plan; Sufapart J
Product Schedule Listing Re-
quirements
Effluent Guidelines and Standards
for the Iron and Steel Manufac-
turing Point Source Category
(Revisions)
Effluent Guidelines and Standards
for the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
3699
3700
3701
370;
3703
3704
3706
3707
3709
3710
3711
3712
3713
3715
3716
3717
3718
3719
Title
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Total Maximum Daily Load (TMDL)
Program Regulations Revisions
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Rule To Revise and To Ratify or
Withdraw Whole Effluent Toxicity
Test Methods
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines and Standards for Con-
centrated Animal Feeding Oper-
ations (CAFOs)
Effluent Guidelines and Standards
for the Dissolving Kraft and Dis-
solving Sulfite Subcategories of
the Pulp, Paper, and Paperboard
Point Source Category (Phase III)
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
ncreased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
erformance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Government Levels Index
State Government—Cont.
Seq.
No.
3720
3721
3723
3724
3725
3726
3727
3728
3729
3730
3736
3738
3739
3740
3741
374:
3743
3744
3745
Title
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rute —
Round III
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
Pretreatment Program Reinvention
Pilot Projects Under Project XL
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
Update of State Underground Injec-
tion Control Programs
Seq.
No.
3746
3747
Title
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Seq.
No.
Local Government
Seq.
No.
118
120
125
127
129
130
134
135
136
137
138
146
147
148
3334
3344
Title
EPA
NAAQS: Sulfur Dioxide (Response
to Remand)
Operating Permits: Revisions (Part
70)
NESHAP: Surface Coating of Auto-
mobiles and Light-Duty Trucks
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Electric Utility Steam Generating
Unit MACT Regulation
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Office of Solid Waste Burden Re-
duction Project
Recycling of Cathode Ray Tubes
(CRTs) and Mercury-Containing
Equipment: Changes to Haz-
ardous Waste Regulations
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
3362
3369
3371
3372
3374
3375
3391
3403
3412
3417
3418
3422
3431
3432
3440
3470
3471
3479
3486
348"
3501
3513
Title
erformance Warranty and
Inspection/Maintenance Test Pro-
cedures
ransportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered In Major Source Determina-
tions
NESHAP: Fumed Silica Production
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Lime Manufacturing
NESHAP: Publicly Owned Treat-
ment Works (POTW)-Amend-
ments II
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(7); Third Party
Audit Provisions
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Revising Regulations on Ambient
Air Quality Monitoring
Clarification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
NESHAP: Portland Cement Manu-
facturing Industry, Amendments
to Rule to Implement Settlement
Agreement
NESHAP: Polyvinyl Chloride and
Copolymers Production
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
Amendments to General Provisions
Subparts A and B for 40 CFR 63
Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Federal Plan for Small Municipal
Waste Combustion Units
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Government Levels Index
Local Government—Cont.
Seq.
No.
Seq.
No.
3516
3518
3522
3526
3542
3582
3597
3600
3601
3604
3608
3609
3611
3612
3619
3626
3632
3636
3637
3639
3643
Title
3655
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
Revisions to Air Pollution Emer-
gency Episode Requirements
(SubpartH, 40CFRPart51)
NSPS and Emission Guidelines for
Other Solid Waste Incinerators
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
NESHAP: Lightweight Aggregate
Manufacturing
Test Rule; ATSOR Substances
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Voluntary Children's Chemical Eval-
uation Program (VCCEP)
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyls (PCBs);
Use Authorizations
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues
Emergency Planning and Commu-
nity Right-to-Know Act: Amend-
ments and Streamlining Rule
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Municipal Solid Waste Landfill Lo-
cation Restrictions for Airport
Safety
Research, Development, and Dem-
onstration Permits for Municipal
Solid Waste Landfill
Project XL Site-Specific Rulemaking
for Anne Arundel County
Miilersville Landfill, Severn, Mary-
land
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
3656
3657
3660
3667
3672
3674
3676
3677
3684
3686
3689
3691
3692
3693
3696
3697
Title
Seq.
No.
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Commercial Electric
Power Producers
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilltng
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Project XL Site-Specific Rulemaking
for Yolo County Landfill, Davis,
Yolo County, California
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Meat Products Point
Source Category (Revisions)
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Recognition Awards Under the
Clean Water Act
Clean Water State Revolving Fund
Regulation Revisions Re: Use as
Matching Funds
Test Procedures: New and Updated
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act and Safe Drinking
Water Act
Test Procedures for the Analysis of
Mercury Under the Cfean Water
Act {Revisions to Method 1631)
Effluent Guidelines and Standards
for the Iron and Steel Manufac-
turing Point Source Category
(Revisions)
Effluent Guidelines and Standards
for the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
3698
3699
3700
3701
3702
3703
3706
3707
3709
3710
3711
3712
3715
3717
3718
3719
3720
Title
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Rule To Revise and To Ratify or
Withdraw Whole Effluent Toxicity
Test Methods
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines and Standards for Con-
centrated Animal Feeding Oper-
ations (CAFOs)
Water Quality Standards Regulation
— Revision
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
-------
Federal Register/Vol. 66, No. 232/Monday. December 3. 2001 /Government Levels Index
Local Government—Cont.
Seq.
No.
3721
3723
3724
3725
3726
3727
3728
3729
3730
3736
3738
3739
3740
3741
374!
3743
3744
3746
374
Title
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Pretreatment Regulations lor Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rute —
Round III
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
Pretreatment Program Reinvention
Paot Projects Under Project XL
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Seq.
No.
3749
Title
Shore
Protection Act,
Section
4103(b) Regulations
Seq.
No.
Tribal Government
Seq.
No.
118
127
130
132
134
135
136
137
138
140
146
147
148
3334
3344
3371
337
Title
EPA
NAAQS: Sulfur Dioxide (Response
to Remand)
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
'esticide Emergency Exemption
Regulations
Office of Solid Waste Burden Re-
duction Project
Recycling of Cathode Ray Tubes
(CRTs) and Mercury-Containing
Equipment: Changes to Haz-
ardous Waste Regulations
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
Groundwater and Pesticide Man-
agement Plan Rule
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
3375
3391
3411
3412
3417
3422
3431
3432
3479
3513
3515
3516
3518
3523
3526
354;
3582
3597
3600
360
3604
360
360<
Titie
NESHAP: Clay Minerals Processing
NESHAP: Lime Manufacturing
Federal Implementation Plans for
Indian Reservations in Idaho, Or-
egon and Washington
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(7); Third Party
Audit Provisions
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fne Par-
ticulate Matter as PM2.5
Revising Regulations on Ambient
Air Quality Monitoring
Clarification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
Amendments to General Provisions
Subparts A and B for 40 CFR 63
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51}
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federat Class I Areas
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
NESHAP: Lightweight Aggregate
Manufacturing
Test Rule; ATSDR Substances
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Voluntary Children's Chemical Eval-
uation Program (VCCEP)
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyls (PCBs);
Use Authorizations
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Government Levels Index
Tribal Government—Cont.
Seq.
No.
Seq.
No.
3611
361
3626
3632
3636
3652
3655
3656
3657
3661
3667
3674
3677
3683
3684
3686
3689
3690
Title
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyis: Implementation Issues
Removal of Requirement To Use
SW-846 Methods fTest Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Municipal Solid Waste Landfill Lo-
cation Restrictions for Airport
Safety
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potlinere from Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Commercial Electric
Power Producers
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Storage, Treatment, Transportation,
and Disposal of Mixed Wastes;
Final Rule
Temporary Suspension of Toxicrty
Characteristic Rule for Specific
Lead-Based Paint Debris
Oil Pollution Prevention Regulation:
Revisions
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Meat Products Point
Source Category (Revisions)
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Recognition Awards Under the
Clean Water Act
Ocean Discharges Criteria Revi-
sions
3691
369;
3693
3698
3699
3700
3701
3702
3704
3706
3707
3708
3709
3712
3715
3716
3717
3718
3719
Title
Seq
No.
Clean Water State Revolving Fund
Regulation Revisions Re: Use as
Matching Funds
Test Procedures: New and Updated
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act and Safe Drinking
Water Act
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Total Maximum Daity Load (TMDL)
Program Regulations Revisions
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Procedures for Tribes to Obtain Ap-
proval for Treatment as a State
To Receive Funding for the
Beaches Program
Rule To Revise and To Ratify or
Withdraw Whole Effluent Toxicity
Test Methods
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines and Standards for Con-
centrated Animal Feeding Oper-
ations (CAFOs)
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
ncreased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
'erformance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
3720
3721
3723
3724
3725
3726
3727
3728
3729
3736
3738
3739
3740
3741
3742
3743
3744
3746
3747
Title
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyis
(PCBs) Under the Clean Water
Act
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Presentment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round 111
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: AJdicarb
National Primary Drinking Water
Regulations: Long Tern 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
-------
Federal Register/Vol. 66, No, 232/Monday, December 3, 2001 /Government Levels Index
Federal Government
Seq.
No.
Seq.
No.
Title
EPA
115
118
127
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
Acceptability of Research Using
Human Subjects
NAAQS: Sulfur Dioxide (Response
to Remand)
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Electric Utility Steam Generating
Unit MACT Regulation
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Endocrine Disrupter Screening Pro-
gram
Pesticide Emergency Exemption
Regulations
Plant Incorporated Protectants 3349
(PIPs); Exemption for PIPs That
Act by Primarily Affecting the
Plant
Office of Solid Waste Burden Re-
146
147
148
3334
3343
3344
3346
Title
Seq.
No.
3350
3359
3362
3363
3369
duction Project
Recycling of Cathode Ray Tubes
(CRTs) and Mercury-Containing
Equipment: Changes to Haz-
ardous Waste Regulations
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act, Phase 2
New Source Review (NSR) Im-
provement
Groundwater and Pesticide Man-
agement Plan Rule
TSCA Inventory Update Rule
Amendments
Chemical Right-to-Know Initiative;
High Production Volume (HPV)
Chemicals
Plant Incorporated Protectants
(PIPs); Exemption for Those
Based on Viral Coat Proteins
Plant-Incorporated Protectants 3411
(PIPs); Exemption for Those De-
rived Through Genetic Engineer-
ing From Sexually Compatible 3412
Plants
Requirements for Zinc Fertilizer
Made From Recycled Hazardous
Secondary Materials
3372
3374
3375
3376
3378
3391
3399
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Public Information and Confiden-
tiality Regulations
Persistent, Btoaccumulative, and
Toxic (PBT) Pollutants Strategy
Project XL Site Specific Rulemaking
for NASA White Sands Test Fa-
cility Electronic Reporting in Las
Cruces, New Mexico
Nondiscrimination on the Basis of
Race, Color, National Origin,
Handicap, and Age in Programs
and Activities Receiving Federal
Financial Assistance
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
EPA Draft Agencywide Public In-
volvement Policy
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
Transportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Fumed Silica Production
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Uranium Hexafluoride
Production
Technical Change to Dose Method-
ology for 40 CFR 191, Subpart A
NESHAP: Lime Manufacturing
NESHAP: Rocket Engine Test Fir-
ing
Federal Implementation Plans for
Indian Reservations in Idaho, Or-
egon and Washington
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(7); Third Party
Audit Provisions
3417
3418
3422
3423
3432
3433
3442
Title
3450
3470
3479
3485
3486
3487
3491
3493
3513
3515
3516
3517
3518
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
Clarification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
Federal Plan Requirements for
Commercial and Industrial Solid
Waste Incineration Units Con-
structed on or Before November
30, 1999
Motor Vehicle and Engine Compli-
ance Program Fees for: Light-
Duty Vehicles and Trucks;
Heavy-Duty Vehicles and En-
gines; Nonroad Engines; and Mo-
torcycles
Regulation to Establish New Date
for Receipt of Summer Grade
RFG at Terminals
NESHAP: Polyvinyl Chloride and
Copolymers Production
Amendments to General Provisions
Subparts A and B for 40 CFR 63
Importation of Nonconforming Vehi-
cles; Amendments to Regulations
Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
Amend Subpart H and I, 40 CFR
Part 61, for Emissions of Radio-
nuclides Other Than Radon From
DOE Facilities
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
General Conformity Regulations;
Revisions
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Government Levels Index
Federal Government—Cont.
Seq.
No.
Seq.
No.
3521
3526
3529
3535
3542
3557
3558
3559
3560
3563
3564
3566
3567
3571
3572
3574
3575
3577
3578
3579
3580
3581
3582
Title
Field Citation Program
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(3); Revisions
to the List of Substances
Revision to NOx SIP Call Emission
Budgets for Connecticut, Massa-
chusetts and Rhode Island
Environmental Radiation Protection
Standards for Yucca Mountain,
Nevada
NESHAP: Lightweight Aggregate
Manufacturing
Protective Action Guidance for
Drinking Water
Environmental Radiation Protection
Standards for the Disposal of
Low-Activity Mixed Radioactive
Waste
Revision of the 40 CFR Part 194
Waste Isolation Pilot Plant Com-
pliance Criteria
Modification of 40 CFR Part 194,
Appedix A, Waste Isolation Pilot
Plant Certification
Procedures for the Pesticide Reg-
istration Review Program
Data Requirements for Antimicrobial
Pesticide Registration
Data Requirement for Pesticide
Registration; Environmental Fate
and Ecological Effects
Data Requirements; Biochemical
and Microbial Pesticides
Pesticide Management and Dis-
posal
Pesticide Management and Dis-
posal; Standards for Pesticide
Containers and Containment
WPS; Pesticide Worker Protection
Standard; Glove Amendment
Registration Requirements for Anti-
microbial Pesticide Products; La-
beling and Other Regulatory
Changes
Pesticides; Tolerance Processing
Fees
Pesticide Tolerance Reassessment
Program
Plant Incorporated Protectants (For-
merly Plant Pesticides)
Rulemakings
Data Requirements for Pesticide
Registration; Toxicology, Expo-
sure and Residue Chemistry
TSCA Policy Statement on Over-
sight of Transgenic Organisms
(Including Plants)
Test Rule; ATSDR Substances
3584
3585
3586
3589
3590
3591
3592
3596
3597
3600
3601
3604
3605
3605
3606
3608
3609
3610
3611
3612
3614
Title
Seq.
No.
Test Rule; Multi-Substance Rule for
the Testing of Developmental and
Reproductive Toxicity
Follow-Up Rules on Existing Chemi-
cals
Significant New Use Rule; Selected
Flame Retardant Chemical Sub-
stances for Use in Residential
Upholstered Furniture
Test Rule; Generic Entry for ITC
Related Testing Decisions
Test Rule; Hazardous Air Pollutants
(HAPs)
Test Rule; Certain High Production
Volume (HPV) Chemicals
Test Rule; In Vitro Dermal Absorp-
tion Rate Testing of Certain
Chemicals of interest to the Oc-
cupational Safety and Health Ad-
ministration
Polychlocinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Proc-
essing, and Distribution in Com-
merce
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris
Voluntary Children's Chemical Eval-
uation Program (VCCEP)
Test Rule; Certain Metals
Modification of Ocean Dumping
Regulations to Issue General
Permit for Dumping of Ice Piers
by National Science Foundation
in Antarctica
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Asbestos Model Accreditation Plan
Revisions
Polychlorinated Biphenyls {PCBs);
Use Authorizations
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
Lead-Based Paint Activities; Train-
ing, Accreditation, and Certifi-
cation Rule and Model State Plan
Rule - Building and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues
TRI; Review of Chemicals on the
Original TRI List
3615
3621
3622
3623
3625
3626
3627
3628
3630
3633
3634
3635
3636
3638
3641
3642
3643
Title
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
mation Requirements
Land Disposal Restrictions; Poten-
tial Revisions for Mercury Listed
and Characteristic Wastes
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Standardized Permit for RCRA Haz-
ardous Waste Management Fa-
cilities
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors- Phase
II Covering Boilers and Certain
Industrial Furnaces
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Amendments to the Corrective Ac-
tion Management Unit Rule
Regulation of Oil Bearing Wastes
From Petroleum Refineries
Gasified To Produce Synthesis
Gas
Revision of Wastewater Treatment
Exemptions for Hazardous Waste
Mixtures
Municipal Solid Waste Landfill Lo-
cation Restrictions for Airport
Safety
Revisions for Transboundary Ship-
ments of Hazardous Waste for
Recovery Within the Organization
for Economic Cooperation and
Development
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Haz-
ardous Substances Reportable
Quantities
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
-------
10
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001 /Government Levels Index
Federal Government—Cont.
Seq.
No.
Seq.
No.
3645
3646
3649
3650
3652
3653
3654
3655
3656
3657
3658
3659
3660
3661
3662
3665
3667
Title
3669
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors - Par-
allel Proposed Rule
Project XL Site-Specific Rulemaking
for the IBM Semiconductor Manu-
facturing Facility in Hopewell
Junction, New York
Management of Cement Kiln Dust
(CKD)
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Hazardous Waste Manifest Regula-
tion
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Commercial Electric
Power Producers
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Hazardous Waste Management
System: Slag Residues Derived
From High Temperature Metals
Recovery (HTMR) Treatment of
KO61, KO62 and F0006 Wastes
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Storage, Treatment, Transportation,
and Disposal of Mixed Wastes;
Final Rule
Recycled Used Oil Containing
PCBs
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Temporary Suspension of Toxfcity
Characteristic Rule for Specific
Lead-Based Paint Debris
3670
3672
3674
3676
3677
3683
3684
3685
3686
3689
3690
3691
3692
3693
3695
3696
3697
Title
Seq.
No.
Criteria for Classification of Solid
Waste Disposal Facilities and
Practices and Criteria for Munic-
ipal Solid Waste Landfills: Dis-
posal of Residential Lead-Based
Paint Waste
NESHAPS: Standards for Haz-
ardous Air Pollutants for Haz-
ardous Waste Combustors
Project XL Site-Specific Rulemaking
for Yolo County Landfill, Davis,
Yolo County, California
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Meat Products Point
Source Category (Revisions)
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Recognition Awards Under the
Clean Water Act
Ocean Discharges Criteria Revi-
sions
Clean Water State Revolving Fund
Regulation Revisions Re: Use as
Matching Funds
Test Procedures: New and Updated
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act and Safe Drinking
Water Act
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
Revisions to the National Oil and
Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing Re-
quirements
Effluent Guidelines and Standards
for the Iron and Steel Manufac-
turing Point Source Category
(Revisions)
Effluent Guidelines and Standards
for the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
3698
3699
3700
3701
3702
3703
3704
3705
3706
3707
3709
3710
3711
3712
3713
3715
3716
3717
3718
Title
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for Analysis for Bi-
ological Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Minimizing Adverse Environmental
Impact From Coding Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Total Maximum Daily Load (TMDL)
Program Regulations Revisions
Comparison of Dredged Material to
Reference Sediment
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Rule To Revise and To Ratify or
Withdraw Whole Effluent Toxicity
Test Methods
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines and Standards for Con-
centrated Animal Feeding Oper-
ations (CAFOs)
Effluent Guidelines and Standards
for the Dissolving Kraft and Dis-
solving Sulfite Subcategories of
the Pulp, Paper, and Paperboard
Point Source Category (Phase III)
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Government Levels Index 11
Federal Government—Cont.
Seq.
No.
Seq.
No.
3719
3720
3721
3722
3723
Title
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Potychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Uniform National Discharge Stand-
ards for Vessels of the Armed
Forces - Phase II
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
3724
3725
3726
3727
3728
3729
3736
3738
Title
Seq.
No.
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round III
Clean Water Act Definition of Wa-
ters of the United States
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Revisions to Method 1631)
National Primary Drinking Water
Regulations: Long Term 1 En-
hanced Surface Water Treatment
Rule
Minor Revisions to the Public Notifi-
cation Rule and the Consumer
Confidence Report Rule
3739
3740
3741
3742
3743
3744
3745
3746
3747
Title
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Aldicarb
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Regulated Drinking Water Contami-
nant Occurrence Reporting
Update of State Underground Injec-
tion Control Programs
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
-------
E. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES THAT MAY HAVE
FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism" (August 4, 1999, 64 FR 43255) directs agencies to have
an accountable process to ensure meaningful and timely input by State and local officials in the development
of regulatory policies that have "federalism implications." This term refers to actions "that have substantial
direct effects on the States, on the relationship between the national government and ^the States, or on
the distribution of power and responsibilities among the various levels of government." As part of this
effort, agencies, other than independent regulatory agencies include in their submissions for the Unified
Agenda information on whether their regulatory actions have federalism implications
The following index lists the regulatory actions in this publication that agencies believe may have
federalism implications. The Sequence Number (Seq. No.) of the entry identifies the location of the entry
in this edition. For further information, see the Regulatory Information Service Center's Introduction to
the Unified Agenda in part II of this issue.
Seq.
No.
129
136
146
Title
Seq.
No.
EPA
Electric Utility Steam Generating
Unit MACT Regulation
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
National Primary Drinking Water
Regulations: Radon
147
3471
3740
3742
Title
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Long Term 2 En-
hanced Surface Water Treatment
Rule
Seq.
No.
3743
Title
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
-------
F. SUBJECT INDEX TO THE ENVIRONMENTAL PROTECTION AGENCY
Acquisition regulations:
See Government procurement
Additives:
See Fuel additives
Administrative practice and procedure:
See also Environmental impact statements
Freedom of information
EPA 3354,3571
Agriculture:
See also Foods
Pesticides and pests
Effluent guidelines for aquaculture industry 3633
Worker protection standards 3574
Air pollution control:
See also Motor vehicle pollution
Accidental release prevention 3525, 3526
Air quality modeling 3475
Air quality resources:
Class I area designations 3523
Air quality standards 118, 3528, 3531
Alternative method approvals 3453, 3510
Aluminum industry 3544, 3545
Ambient air quality monitoring 3431
Asphalt roofing and processing 3388
Baker's yeast manufacturing industry .' 3537
Best available retrofit technology 3498
Boat manufacturing industry 3538
Boilers 124
Carbon monoxide 3528
Chemicals 3385, 3386
Chromium emissions 3389, 3397
Clean Air Act 127, 3412, 3445, 3464, 3486, 3487, 3492, 3517
Consumer products 3540
Continuous parameter monitoring systems 3454
Copper smelters 3476
Delisting hazardous pollutants. 3492
Electric arc furnace 3444
Electric utility steam generating unit MACT regulation
129
Electrical insulating varnishes 3494
Emergency episode requirements 3518
Emission control diagnostic systems 3449, 3463
Emission standards:
Cellulose production 3465
Coke ovens 3468, 3515
Compliance certification requirements 3511
Definition of major source 3506
Highway motorcycles 3457
Hydrogen fluoride production 3515
Municipal landfills 3368
Navajo generating station .'. 3458, 3489
New marine engines 3515
Non-road spark-ignition engines 3414
Permit requirements 3515
Potential to emit 3402
Radionuclides 3493
Semiconductor facilities 3392, 3515
Spark ignition marine vessels 3457
VOC standards 3417, 3512
Emissions monitoring program 3370, 3380, 3408, 3434, 3454,
3456,3500, 3514, 3539
Emissions reporting 3466
Emissions trades 3369
Essential uses 3452
Fabric printing, coating and dyeing industry 3394
Filterable fine paniculate matter 3422
Air pollution control—Continued
Fuels and fuel additives 3441, 3446, 3447, 3450, 3451, 3508,
3543,3550,3554, 3555
Fugitive emissions 3371
Gas turbines 123
Gasoline anti-dumping program 3505, 3509
General provisions amendments 3479
Halons 3496
Hazardous air pollutants 121,122,123,124, 3368, 3385, 3386,
3386, 3387, 3388, 3389, 3391, 3398, 3399, 3400, 3401,
3404, 3405, 3430, 3465, 3478, 3480,3481,3482, 3484,
3488, 3492, 3538, 3539, 3590
Hazardous waste combustion facilities 3628
HCFC allowance distribution system 3469
Indian reservations in Idaho, Oregon, and Washington
3411
Indoor Air Toxics Strategy 3438
Inspection/maintenance programs 3363, 3423
Interim approval requirements 3548
Internal combustion engines 122
Iron and steel industry 3384, 3477
Lime manufacturing industry 3391
MACT standards 129, 3368, 3392, 3398, 3400, 3465
Metal parts and products coating industry 3393, 3483
Methyl bromide 3527
Mobile sources 3507
Motor Vehicle and Engine Compliance Fee Program 3442
Municipal landfills 3368
Municipal waste combustion units 3501, 3503, 3549
NESHAP:
Aluminum production 3544, 3545
Amino/phenolic resins 3437
Asphalt/coal tar application 3374
Benzene waste operations 3455
Brick manufacturing 3419
Carbon black 3490
Cellulose production 3465
Ceramics 3420
Chromium electroplating 3413
Chromium emissions 3397
Clay products manufacturing 3375, 3419
Delegations' provisions 3432
Elastomers 3401
Engine Test Facilities 3421
Ethylene oxide commercial sterilization and fumigation
operations 3491
Fabric printing, coating and dyeing industry 3394
Ferroalloy production 3552, 3553
Friction products manufacturing industry 3428
Fumed silica production 3372
Gasoline distribution facilities 3436
Hazardous waste combustors 3645, 3646, 3670
Hydrochloric acid production 3373
Large appliance surface coating 3482
Leather tanning 3484
Lightweight aggregate 3542
Metal furniture surface coating 3404
Metal parts and products coating industry 3387, 3393, 3483
Metal pipes 3374
Natural gas production 3520
Non-metallic minerals processing 3396
Oil production 3520
Organic liquids 3400
Paper and other web coating 3488
Pesticide Active Ingredient Production 3435
Pharmaceuticals production......... 3547
Phosphate fertilizer production ...,3497
Phosphoric acid manufacturing 3497
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Subject Index
Air pollution control—Continued
NESHAP-—Continued
Plastic parts and products 3405
Polyurethane foam production 3495
Polyvinyl chloride production 3470
Portland Cement Manufacturing Industry 3440, 3533
Predictive emission monitoring 3377
Printing and publishing industry 3418
Publicly owned treatment works 3403
Pulp and paper production 3534, 3536, 3556
Site remediation 3398
Taconite iron ore processing 3425
Thermoplastics 3401
Uranium hexafluoride production 3376
Vegetable oil production 3539
Wet-formed fiberglass mat production 3472
New source performance standards 3444, 3522
New source review 139, 3426
New stationary sources 3515
Nitrogen oxides 3500,3502
Non-^netallic minerals processing 3396
Opacity measurement of emissions 3462, 3514
Operating permits 120, 3513
Ozone and ozone precursors:
1—hour standard 3541
Emission budgets 3529
National ambient air quality standards 119, 3516
Protection of stratospheric ozone 3409, 3448, 3452, 3469,
3473,3486, 3487, 3496, 3496, 3524, 3527, 3532, 3546,
3546
Transport 128, 3379, 3427, 3471, 3530
Paint stripper users 3480
Particulate matter 119, 126, 3456
PCB manufacturing 3596
Penalties for violations 3521
Petroleum refineries 3461
Plastic composites manufacturing 3478
Plywood and particle board manufacturing 121
Process heaters 124
Project XL 3346, 3512, 3534, 3556, 3639, 3640, 3672, 3673
Regional haze rule 3439
Risk management plans:
List of substances 3526
Public access to information 3525
Third party audits 3412
Solid waste incinerators 3433, 3522
Source category list 3430
State implementation plans 119,139
Sulfur oxides 118, 3410, 3439, 3500
Synthetic organic chemicals manufacturing 3460
Tire manufacturing 3481
Transportation conformity 127, 3445
Volatile organic compounds ....125, 3406, 3417, 3460, 3474, 3494,
3504
Wood furniture industry 3406
Aircraft:
Rocket engines 3399
Airplanes:
See Aircraft
Airports:
Municipal solid waste landfill location restrictions 3636
Airworthiness directives and standards:
See Aircraft
Alaska Natives:
See Indians
American Indians:
See Indians
Animals:
Transgenic 3581
Antidumping:
Baseline date cut-off limit modification 3505
Appeal procedures:
See Administrative practice and procedure
Appliances:
See Household appliances
Armed forces:
See also Federal buildings and facilities
Discharge standards for vessels 3722
Asbestos:
Model accreditation plan 3608
Authority delegations:
EPA 3357
Automobiles:
See Motor vehicles
B
Balloons:
See Aircraft
Bankruptcy:
RCRA financial responsibility 3653
Barrels:
See Packaging and containers
Beef:
See Meat and meat products
Buildings:
See also Federal buildings and facilities
Asbestos 3608
Indoor air quality 3438
Business and industry:
See also Bankruptcy
Confidential business information
Labeling
Packaging and containers
Aluminum industry:
Air pollution control 3544, 3545
Asphalt roofing and processing industry:
Air pollution control 3388
Baker's yeast manufacturing:
Air pollution control 3537
Boat manufacturing industry:
Air pollution control 3538
Cellulose manufacturing 3465
Cement manufacturing industry 3440, 3533
Chemicals:
Air pollution control 3385, 3386, 3460
Control of PMNs 3594
Hazardous wastes listing 3652
Manufacture 141, 3585, 3593, 3598, 3599
Pollution standards 3596
Polychlorinated biphenyls 3609
Effluent guidelines 3683, 3694, 3696, 3710, 3714
EPA operating permits 120
Ferroalloy production 3552, 3553
Industrial container and drum cleaning effluent guidelines
3714
Iron manufacturing:
Effluent guidelines 3696
Large appliance coating industry:
Air pollution control 3482
Leather tanning and finishing 3484
Lime manufacturing industry:
Air pollution control 3391
Metal parts and products coating industry:
Air pollution control 3387, 3404
Motor vehicle manufacturing:
Air pollution control 125, 3463
National Pollutant Discharge Elimination System permits
3728
Paint manufacturing:
Hazardous waste management 3641
Paper, film and foil coating industry:
Air pollution control 3488
Plastic parts industry:
Air pollution control 3405
Plywood and particle board manufacturing:
Air pollution control 121
Polyurethane foam production:
Air pollution control 3495
Printing/publishing 3418
-------
Federal Register/Vol. 66, No. 232/Monday, December 3, 2001/Subject Index
Business and industry—Continued
Pulp, paper and paperboard:
Effluent limitations 3713
Emissions reduction 3534
NESHAP revisions 3556
Steel manufacturing:
Effluent guidelines 3696
Tires:
Manufacture 3481
Vegetable oil production 3539
Cancer:
Carcinogen risk assessment 3358
Charter buses:
See Motor vehicles
Chemicals:
See also Hazardous substances
Pesticides and pests
Acrylamide 3597
Air pollution control 3460
Arsenic in drinking water 147
Assessment information rule 3598
Chemical inventory reporting 3619
Drinking water regulations 3741
Endocrine Disruptor Screening and Testing Program 131
Flame retardant substances 3586
Health and safety reporting rule 3599
High-production-volume (HPV) chemicals 3591
New use rules for PMNs 3594
OSHA dermal testing 3592
Ozone depleting:
Halons 3496
Methyl bromide 3527, 3532
Refrigerant recycling 3486, 3487
Sales restrictions 3409
Substitutes 3524
Perfluoroalkyl sulfonyls 3595
Polychlorinated biphenyls 3596, 3609, 3612
Polymers and resins 3401
Right-to-Know initiative 142
Screening Information Data Set (SIDS) 3591
Test rules 3589, 3604, 3607, 3610
Toxic substances 3585, 3593, 3663
Toxic Substances Control Act 3581, 3613
Toxicity profiles 3582
Toxicity testing, developmental and reproductive 3584
Toxics Release Inventory:
Additions, deletions, and modifications 3621
Chemical expansion 3622
Coal 3615
Metal mining 3618
Pollution Prevention Act information requirements 3623
Reporting requirements 3617, 3618
Review of chemicals on original list 3614
Use inventory rule 141
Children:
See Infants and children
Clean Air Act:
See Air pollution control
Clean Water Act:
See Water pollution control
Coal:
Combustion wastes 3656, 3657
Toxics Release Inventory 3615
Coal mines:
See Mine safety and health
Mines
Coastal zone:
Waste deposit prevention 3749
Conduct standards:
See Conflict of interests
Confidential business information:
EPA regulations 3343
Conflict of interests:
EPA
Construction industry:
Effluent guidelines
Consumer protection:
See also Labeling
Lead-based paint
Containers:
See Packaging and containers
Contracts:
See Government contracts
Corporations:
See Business and industry
Crude oil:
See Petroleum
Dangerous cargo:
See Hazardous materials transportation
Debannent and suspension:
EPA
Defense acquisition regulations:
See Government procurement
Defense contracts:
See Government contracts
Government procurement
Drinking water:
See Water supply
.3336
...137
.3600
.3339
Ecology:
See Environmental protection
Education:
See also Schools
Nondiscrimination in federally assisted programs 3349
Electric utilities:
Steam generating unit MACT regulation 129
Electronic funds transfers:
Federal agency disbursements 3352
Energy;
See also Coal
Fuel economy
Petroleum
Alternative fuels 3467
Environmental impact statements:
Antarctic impact assessment 3340
Environmental protection:
See also Air pollution control
Environmental impact statements
Pesticides and pests
Waste treatment and disposal
Water pollution control
Acquisition regulation:
Informal clauses .3360
Antarctic Treaty 3340
CERCLA corrections 3678
Chemicals 141, 3591, 3604, 3607
Class deviations incorporation into EPAAR 3337
Coal combustion wastes 3656, 3657
Coastal waste deposit prevention 3749
Confidential business information 3343
Consumer confidence report rule 3738
Contracting by negotiation 3354
Cooling water intake structures impact 138, 3723
Cooperative agreements and Superfund state contracts 3677
Corrective Action Management Unit rule 3633
Cross-media electronic reporting and recordkeeping rule
148
Delegations of authority 3357
Designation of hazardous substances under CERCLA 3681
Developmental and reproductive toxicity testing 3584
Effluent guidelines 3683, 3684, 3694, 3713, 3714
EPA acquisition regulations 3339
Fellowship grant regulation 3356
-------
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Subject Index
Environmental protection—Continued
Freedom of information 3350
National Environmental Achievement Track Program 117
National Environmental Policy Act 3341
New Jersey Gold Track program 3347, 3361
On-site treatment of low-level mixed wastes 3648
Overburden definition • 3616
Persistent, bioaccumulative, and toxic pollutants 3344
Pesticides 132, 3342, 3566, 3567, 3568, 3580
Plant incorporated protectants 133, 143,144
Protocol on Environmental Protection 3340
Public Involvement Policy 3359
Public notification rule 3738
Radiological Emergency Response Plan 3519
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3634
Significant new use rules:
Flame retardant chemical substances 3586
Total Maximum Daily Load Program Regulations.. 3704
Toxic Substances Control Act 3581, 3613
Toxics Release Inventory:
Additions, deletions, and modifications 3621
Chemical expansion 3622
Coal 3615
Metal mining • 3618
Pollution Prevention Act information requirements 3623
Reporting requirements 3617, 3618
Review of chemicals on original list 3614
Eskimos:
See Indians
Estuaries:
See Coastal zone
Ethical conduct:
See Conflict of interests
Ex parte communications:
See Administrative practice and procedure
Exports:
Chemicals 3610
FAR (Federal Acquisition Regulation):
See Government procurement
Farmers:
See Agriculture
Federal acquisition regulations:
See Government procurement
Federal buildings and facilities:
Inspection/maintenance programs
Federal-State relations:
See Intergovernmental relations
Fellowships:
See Scholarships and fellowships
Fines and penalties:
See Penalties
Foods:
See also Meat and meat products
Pesticide residues 3578
Foreign relations:
See also Foreign trade
Treaties
Organization for Economic Cooperation and Development
(OECD) 3591, 3638
Foreign trade:
See also Exports
Imports
Motor vehicles 3407
Freedom of information:
See also Confidential business information
Chemical inventory reporting 3619
EPA 3350
Fuel:
See Energy
Fuel:
Date for receipt of summer grade reformulated gasoline at
terminals 345°
.3423
Fuel—Continued
Low-sulfur highway diesel fuel 3446
Summer gasoline volatility standard 3451
Tier 2/gasoline sulfur regulations 3508, 3550
Fuel additives:
Air pollution control 3543, 3554
Gasoline containing lead or lead additives 3555
Gasoline deposit control additives 3441
Methyl tertiary butyl ether (MTBE) 3424, 3733
Oxygenated 3583
Fuel economy:
Light trucks and light duty vehicles 3408
Government buildings:
See Federal buildings and facilities
Government contracts:
See also Government procurement
Contractors:
Local hiring and training 3348
Debannent and suspension .....3339
EPA acquisition regulations 3339, 3354
Government procurement:
See also Government contracts
Acquisition regulations:
EPA 3336, 3360
Contractors:
Local hiring and training 3348
Contracts:
Incrementally funding fixed price contracts 3338
Notice to Proceed letter contracts 3353
EPA acquisition regulation:
Informal clauses 3S60
Level of effort 3335
Recycled products 3643
Small, minority, and women's business utilization 3334
Grant programs-environmental protection:
Clean Water State Revolving Fund program 3691
Cooperative agreements and Superfund state contracts 3677
EPA Fellowship Rule 3356
Grant programs-Indians:
Beaches program 3708
H
Hazardous materials transportation:
Hazardous waste manifest rule 3*>54
Mercury-containing and rechargeable batteries 3660
Wastewater treatment exemptions 3635
Hazardous substances:
See also Hazardous waste
Hazardous materials transportation
Air pollutants 121, 122, 123, 124, 125, 128, 3368, 3384, 3385,
3387, 3388, 3389, 3391, 3393,3394,3396, 3397, 3398,
3400, 3401, 3404, 3405, 3406, 3461, 3465, 3476, 3477,
3478, 3480, 3481, 3482,3483,3484,3488, 3492, 3500,
3522, 3537,3538,3539,3552, 3553, 3590
Aluminum:
Spent potliners from primary reduction 3655
Asbestos 3608
Carcinogen risk assessment 3358
CERCLA corrections 3678
Chemicals:
Chemical test rules 3589,3590,3610
Import of toxic chemicals 3582
Chromium 3389
Consumer confidence report rule 3738
Designation under CERCLA S681
Developmental and reproductive toxicity testing 3584
Drinking water regulations 3692, 3702, 3739, 3748
Ethylene oxide 3491
Extremely Hazardous Substances List 3620, 3624
Federally permitted releases 3679
Isocyanates 3464- 362°
Lead 130, 3555, 3600, 3611
-------
Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Subject Index
Hazardous substances—Continued
Mercury analysis 3686, 3693, 3729
Mercury-containing and rechargeable batteries 3660
Metals 3605
Method 24 amendment 3366
Methyl tertiary butyl ether (MTBE) 3424, 3733
Ozone depleting substances 3496, 3532
Perfluoroalkyl sulfonyls !.3595
Pesticides ,357273575
Active ingredient production 3435
Data requirements for registering biochemical or
microbial products 3567
Emergency exemption regulations 132
EPA consolidation of GLPS regulations 3355
Produced by transgenic plants 3572, 3579
Rules of practice 3342
Worker protection standards 3574
Pollution contingency plan 3695
Public notification rule 3738
Radon 146
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3634
Reporting and recordkeeping requirements 3602
Semiconductors manufacture and assembly 3649
Solid waste disposal 3664
Sulfur oxides 118, 3410, 3439, 3500
Surface coatings 3366
lexicological profiles:
Metals 3605
Toxics Release Inventory:
Additions, deletions, and modifications 3621
Chemical expansion 3622
Coal 3615
Metal mining 3618
Pollution Prevention Act information requirements 3623
Reporting requirements 3617, 3618
Review of chemicals on original list !.3614
Water pollution control 3686, 3692, 3704, 3709, 3717, 3729
Hazardous waste:
Benzene 3455
Carbamates ....3675
Cathode ray tubes 135
Cement kiln dust 3650
Disposal facilities:
Combustion facilities 3628
Low level mixed waste 3661
Radioactive waste 3558
Groundwater contamination 3393
Hazardous waste combustors 3646, 3670
Identification and listing 3641, 3642, 3659^ 3665
Land disposal:
Restrictions 3625,3658
Spent potliners from primary aluminum reduction 3655
Lead 3601
Lead-based paint debris 3667, 3669
Manifest regulations 3554
Mercury ,'"3625
Mineral processing secondary materials 3647
Paint manufacturing 3641
Permit program 3627
Polychlorinated biphenyls 3612, 3662
Radioactive waste:
Dose methodology 3373
Yucca Mountain, NV 3535
Recycled used oil 3659, 3662
Recycling 135,145
Solid waste 3632, 3647
Solvents 3630,3659
Toxic waste site..... 3582
Toxicity characteristic rule 3651
Transboundary shipment within Organization for Economic
Cooperation and Development member countries 3638
Triarylmethane dye and pigments 3652
Uncontrolled sites on the NPL 3676
Hearing and appeal procedures:
See Administrative practice and procedure
Helicopters:
See Aircraft
Heliports:
See Airports
Herbicides:
See Pesticides and pests
Household appliances:
Surface coating of large appliance products and parts,
Housing:
Lead-based paint
Housing assistance payments:
See Housing
Human research subjects:
Protection of
.3482
.3601
.115
I
Imports:
See also Antidumping
Chemicals:
Blanket certifications 3585, 3598, 3599
Control of PMN chemicals 3594
Motor vehicles 3485
Indians:
See also Indians-lands
Navajo generating station 3453, 3489
Indians-lands:
Air pollution control implementation 3411, 3523
Beaches program funding 3703
EPA new source reviews 3515
Water quality standards 3715
Industrial safety:
See Occupational safety and health
Industry:
See Business and industry
Infants and children:
Lead poisoning 3500
Sulfate in drinking water 3746
Information:
See Confidential business information
Freedom of information
Reporting and recordkeeping requirements
Insecticides:
See Pesticides and pests
Intergovernmental relations:
Air pollution control implementation 119,120, 139
EPA 3514, 3654, 3717, 3725
Nuclear accident protection 3557
International agreements:
See Treaties
International trade:
See Foreign trade
Labeling:
See also Packaging and containers
Pesticides 3572
Laboratories:
EPA consolidation of GLPS regulations 3355
Land:
See Indians-lands
Lead poisoning:
Paint 130, 3600, 3601, 3611
Reducing lead consumption and use 3606
M
Marine engineering:
See Vessels
Marine pollution:
See Water pollution control
Meat and meat products:
Effluent guidelines and standards for the Meat Products
Point Source Category 3684
-------
Federal Register/Vol. 66. No. 232/Monday, December 3, 20Q1 / Subject Index
Medical devices:
Treated with antimicrobial pesticides 3568
Metals:
EPA trace metal analysis 3717
High temperature metal recovery residues 3658
Toxics Release Inventory reporting requirements 3618
Military installations:
See Federal buildings and facilities
Mine safety and health:
Toxics Release Inventory reporting requirements for metal
mining 3618
Mineral resources:
See also Coal
Metals
Overburden definition 3616
Miners:
See Mine safety and health
Mines:
See also Mine safety and health
Water pollution control 3698
Mobile offshore drilling units:
See Vessels
Motor vehicle pollution:
Emission control diagnostic systems 3449
Emission standards for highway motorcycles 3457
Emissions testing 3407
Fuel inlet restrictor exclusion for motorcycles 3555
Gasoline:
Additives 3441,3554
Anti—dumping program 3505, 3509
Date for receipt of summer grade reformulated gasoline
at terminals • 3450
Lead or lead additives prohibition 3555
Petition to relax Reid vapor pressure standard 3551
Reformulated 3543
Summer gasoline volatility standard 3451
Tier 2/gasoline sulfur regulations 3508, 3550
Imported vehicles emissions standards 3485
Inspection/maintenance programs 3362
Low emission vehicles program 3467
Low-sulfur highway diesel fuel 3446
Motor Vehicle and Engine Compliance Fee Program 3442
Non-conformance penalties for heavy-duty diesel engines
and vehicles 3447
Motor vehicles:
See also Fuel economy
Alternatively fueled vehicles 3467
Imports 3485
Light trucks 337°
Motorcycles:
See Motor vehicles
.3540
N
National defense contracts:
See Government contracts
Government procurement
Native Americans:
See Indians
Nuclear safety:
See Radiation protection
Occupational safety and health:
See also Mine safety and health
Chemicals:
Dermal absorption rate testing.
Ocean dumping:
See Water pollution control
Oil pollution:
National Contingency Plan
Prevention
.3592
.3695
.3674
Packaging and containers:
See also Labeling
Printing materials control guidelines
Paint:
See Lead poisoning
Paperwork requirements:
See Reporting and recordkeeping requirements
Parachutes:
See Aircraft
Penalties:
Air pollution control 3521
Pesticides and pests:
Active ingredient production 3435
Antimicrobial pesticides 3564, 3575
Biochemical or microbial products 3567
Canceled or suspended 3571
Data requirements 3566, 3567, 3580
Disposal and storage guidelines 3571, 3572
Emergency exemption regulations 132
Endocrine Disrupter Screening and Testing Program 131
Environmental fate and ecological effects 3566
Groundwater protection 14°
Medical devices treated with antimicrobial pesticides 3568
Pesticide tolerance reassessment program 3578
Plant incorporated protectants 133-143,144
Protection of human research subjects • H5
Registration review program 3E>63
Rules of practice • 3342
Scientific research 3355
Storage and disposal 3571, 3572
Tolerance fees 3577
Transgenic plants 3579
Worker protection standards 3574
Petroleum:
See also Fuel additives
Oil pollution
Refineries 3461
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3634
Toxicity characteristic rule 3651
Plants:
Plant incorporated protectants 133, 143,144
Transgenic
Plastics materials and synthetics:
Air pollution control regulations
Pollution:
See Environmental protection
Power resources:
See Energy
Practice and procedure:
See Administrative practice and procedure
Procurement:
See Government procurement
Prosthetic devices:
See Medical devices
Public buildings:
See Federal buildings and facilities
Public health:
See also Waste treatment and disposal
Air pollution effects
Carcinogen risk assessment 3358
Radiological Emergency Response Plan 3519
Water contamination 131, 3736, 3740
Public utilities:
See Electric utilities
Water supply
Radiation protection:
Dose methodology 3378
Drinking water 3557
Radiological Emergency Response Plan 3519
Yucca Mountain, NV 3535
.3581
.3478
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Federal Register/Vol. 66, No. 232/Monday. December 3. 2001/Subject Index
Radioactive waste:
See Hazardous waste
Record retention:
See Reporting and recordkeeping requirements
Records:
See Freedom of information
Reporting and recordkeeping requirements
Recycling:
Cathode ray tubes 135
Government purchase of recovered materials 3643
Refrigerant 3486,3487
Reporting and recordkeeping requirements:
Carbamates 3575
Chemical inventory reporting... 141? 3519
Drinking water contaminant occurrence 3744 3748
EPA 3337
Cross-media electronic reporting and recordkeeping rule
148
Electronic reporting 3345
Emissions reporting requirements 3466
Hazardous materials 3602, 3679
Information collection requests 134
Pesticides 3355
RCRA IZZ1.134
Toxic chemical test rules 36io
Toxics Release Inventory 3617, 3618
Research:
See also Human research subjects
EPA consolidation of GLPS regulations 3355
Protection of human subjects 115
Rockets:
See Aircraft
Rodenticides:
See Pesticides and pests
Rotorcraft:
See Aircraft
Sanitation:
See Public health
Waste treatment and disposal
Scholarships and fellowships:
EPA 3356
Schools:
Asbestos model accreditation plan 3608
Seaplanes:
See Aircraft
Sewage disposal:
Sewer collection systems 135
Sludge use and disposal 3707
Sex discrimination:
Federally assisted programs 3349
Ships:
See Vessels
Solid waste disposal:
See Waste treatment and disposal
State-Federal relations:
See Intergovernmental relations
Superfund:
Claims application streamlining 3680
Cooperative agreements and state contracts 3677
Reportable quantity adjustments for carbamates 3675
Synthetics:
See Plastics materials and synthetics
Toxic substances:
See Hazardous substances
Transportation:
See also Vessels
Air pollution control conformity 127, 3445
Environmental review 3359
Interstate ozone transport 3530
Treaties:
Antarctic Treaty 3340
-.3448, 3527
Treaties—Continued
Montreal Protocol...
Trucks:
See Motor vehicles
Vessels:
Discharge standards for Armed Forces vessels 3722
Emission standards for spark ignition marine vessels 3457
W
Waste treatment and disposal:
See also Hazardous waste
Recycling
Sewage disposal
Clean Water Act recognition awards 3689
Coal combustion waste 3656, 3657
Corrective Action Management Unit rule 3633
Effluent guidelines 3694, 3711, 3713
Financial test criteria 3553
Hazardous waste management 3645, 3646, 3664, 3670
Iron and steel manufacturing 3696
Land disposal:
Restrictions 3647, 3655, 3658, 3666
Lead-based paint debris 3667
Metal machinery and equipment wastewater 3710
Municipal waste combustion units 3501, 3503, 3549
On-site treatment of low-level mixed wastes 3648
Permit applications 3728
Pretreatment programs 3730
Project XL 3346, 3512, 3534, 3556, 3639, 3640, 3648, 3649,
3671, 3672, 3673, 3730
Radioactive waste -. 3535
Recycling of hazardous waste in fertilizers 145
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3634
Sewer grouting 3597
Shore Protection Act 3749
Solid waste disposal:
Bioreactor landfills 3639, 3640
Guideline revisions 3532
Hazardous waste 3664
Landfill criteria 3499, 3632
Landfill location restrictions 3636
Landfills and incinerators 3433, 3522
Lead-based paint waste.. 3669
Municipal landfills 3368, 3669, 3672
Physical/chemical evaluation methods 3626
Research, development, and demonstration permits 3637
Solid waste definition 3647
Underground storage tanks:
Toxicity characteristic rule 3551
Waste Isolation Pilot Plant compliance criteria 3559, 3560
Wastewater treatment exemptions for hazardous waste
mixtures 3535
Wastewater treatment sludges 3649
Wastewater treatment units 3668
Water pollution control:
See also Oil pollution
Waste treatment and disposal
Beaches program funding for Indian tribes 3708
Clean Water Act 3705, 3717, 3726
Clean Water State Revolving Fund program 3691
Cooling water intake structures , 138, 3723
Fill material definition 3706
Mercury analysis 3686, 3693, 3729
Product schedule listing requirements 3695
Recognition awards 3689
Test procedures.. 3692, 3699, 3701, 3702, 3717, 3718, 3719,
3726, 3727
Detection and quantification procedures for regulated
analytes 3721
Effluent guidelines:
Animal feeding operations 3712
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Federal Register/Vol. 66, No. 232/Monday, December 3. 2001/Subject Index
Water pollution control—Continued
Effluent guidelines—Continued
Aquaculture industry 3683
Coalmining 3698
Construction and development industry 137
Industrial containers and drum cleaning 3714
Industrial wastewater 3710
Iron and steel manufacturing 3696
Meat Products Point Source Category 3684
Pulp, paper and paperboard 3697, 3711
Regulatory plans 3694
Whole effluent toxicity text methods 3709
Microbiological test methods 3727
NPDES permits 136, 3725
Ocean discharge criteria 3690
Permit applications 3728
Pretreatment regulations 3724
Radon 146
Sewer collection systems 136
Sludge management programs 3707
Test procedures for the analysis of pollutants 3700, 3720
Total Maximum Daily Load Program Regulations 3704
Trace metals criteria 3717
Vessels of the Armed Forces discharge standards 3722
Water quality standards 3699, 3715, 3718, 3719
Alabama 3685
Criteria for acute aquatic life 3699, 3715, 3718, 3719
Indian country waters 3716
Water resources:
See also Water supply
.3358
Water resources—Continued
Best technology available for cooling water intake
structures
Cooling water intake structures environmental impact 138
Water supply:
Carcinogen risk assessment
Drinking water:
Aldicarb and atrazine 3741
Arsenic 147
Contaminant occurrence reporting 3744, 3748
Contaminants 146, 3557, 3727, 3731, 3736, 3739
Disinfectants 3740,3743
Endocrine Disrupter Screening and Testing Program 131
Filter backwash recycling rule 3747
Lone Term 2 Enhanced Surface Water Treatment Rule
e 3742
Methods update 3702
Methyl tertiary butyl ether (MTBE) 3424, 3733
Oxygenated fuel additives 3583
Six-year review of regulations H6
State Underground Injection Control Programs 3745
Sulfate 3746
Test procedures for pollutants 3692
Underground Injection Control Class V wells 3737
Groundwater protection 14^
Water transportation:
See Vessels
Wetlands:
See Coastal zone
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