SPRING 2002 AGENDA
OF REGULATORY AND
DEREGULATORY ACTIONS
"PPfe 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."
\
o
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SPRING 2002 AGENDA
OF REGULATORY AND
DEREGULATORY ACTIONS
"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 Whitman
United States
Environmental Protection Agency
Office of Policy, Economics and Innovation
May 2002
EPA-230-Z-02-002
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL-7163-5
Spring 2002 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Regulatory Agenda to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Regulations and major policies
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: ncepimal@one.net, or
call 800-490-9198. There is no charge
for single copies of the Agenda.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
Agenda entry. If you have general
questions about the Agenda or about
EPA's decisionmaking process, please
contact: Phil Schwartz (1806A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202) 564-6564; e-
mail: schwartz.philip@epa.gov. 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?
o. What Information Is in Agenda
Entries?
f. What Tools Are Available To Help
Quickly Identify Actions That Are of
Interest to You?
g. How Can You Access Federal
Register Documents and Interpretive
Documents via the Internet and via E-
mail?
h. What is EPA's New Regulatory
Public Access System (RPAS)?
i. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Governments, and
Nonprofit Organizations?
j. Why Participate in EPA's
Decisionmaking Process and How Can
You Be Most Persuasive?
A. What Principles and Objectives
Guide EPA in Developing Regulations
and Policies?
The quality of the scientific,
economic, and policy analyses 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 system
protects human health and the
environment in a cost-effective manner.
Appropriate scientific, economic and
policy analyses must be planned at early
stages in the regulatory development
process so that senior Agency
decisionmakers 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 nonregulatory approaches
where effective, by creating strong
partnerships with States and businesses,
and by vigorously using public outreach
and involvement.
The basic legal requirements we must
follow when we issue a regulation
generally 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 athttp://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#top.
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 can be made
in several areas to more effectively carry
out our mission including: better
scientific and economic analyses;
broader consideration of policy options;
greater accountability; and better
management of significant
nonregulatory decisions. For more
information about EPA's
decisionmaking process for rules,
policies, and certain other important
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33725
EPA
actions go to: http://www.epa .gov/opei/
regulatory.htm. We also discussed the
steps we are taking to improve our
decisionmaking in the FY2001
Statement of Priorities
(http://ciir.cs.umass
.edu/ua/October2001/priorities/
environmental protection
agency_(EP A) .html).
C. What Actions Are Included in the
Agenda?
EPA includes regulations and certain
major noncodified policy documents in
the Agenda. We generally do not
include minor amendments or the
following categories of actions in the
Agenda:
• Administrative regulations such as
delegations of authority, changes of
address or phone numbers.
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
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 regulation;
• Second, by the current stage of
development (proposal, final, etc.);
and
• Third, by the section number of the
statute which requires or authorizes
the rule.
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 March 2003.
5. Completed Actions - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 2001 Agenda. It also includes
actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future Agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
E. What Information Is in Agenda
Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates
where the entry appears in the Agenda.
Title: Titles for new entries (those that
have not appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below.
Economically Significant: As defined
in Executive Order 12866, a rulemaking
action that may have an annual effect on
the economy of $100 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
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EPA
economically significant rules under
Executive Order 12866.
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
may:
• Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
• Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights or
obligations of recipients; or
• Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is neither Significant, nor Routine
and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.0.12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
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 Act (5 U.S.C. 801, etseq.}
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."
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 businesses, governments,
or nonprofit organizations
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
requires an assessment of anticipated
costs and benefits if a rule includes a
mandate that may result in expenditures
of more than $100 million in any one
year by State, local, and tribal
governments, in the aggregate, or by the
private sector. If we expect to exceed
this $100 million threshold, we note it
in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: A code number that
EPA uses to identify and track
rulemakings.
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 Tools Are Available To Help
Quickly Identify Actions That Are of
Interest to You?
The Regulatory Information Service
Center (RISC), the Government Printing
Office (GPO), 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 website 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
http://www.access.gpo.gov/su docs/
multidb.html.
For Rules With Significant Impacts on
Small Businesses, Small Governments,
and Small Nonprofit 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/Spring2002/
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33727
EPA
entities/sin index-2.html. The small
governments list is at
http://ciir.cs.umass.edu/ua/Spring2002/
entities/sin index-3.html. And the
small organizations list is at
http://ciir.cs.umass.edu/ua/Spring2002/
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/Spring2002/
entities/smgov-5 .html.
For Rules With Any Impact on State,
Local, or Tribal Governments, 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/Spring2002/
entities/smgov-8 .html.
G. How Can You Access Federal
Register Documents and Interpretive
Documents 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/
multidb.html.
• EPA's site
(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
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 documents issued to
Regions, States, and/or the regulated
community that describe how the
Agency intends to exercise its
discretionary authority and explain
what a statute or regulation means. The
collection is located at:
http://www.epa.gov/guidance/.
H What is EPA's New Regulatory Public
Access System (RPAS)?
The Regulatory Public Access
System (RPAS) will provide access to
documents used and produced as a part
of EPA's administrative rulemaking
process. These documents include
Federal Register notices, support
documents, and public comments. Users
may review these documents and
submit comments on rulemaking actions
online through RPAS. Furthermore,
RPAS will also include certain
nonregulatory information of general
interest, such as selected guidance
documents.
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Governments, and
Nonprofit Organizations?
For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
As required by the Regulatory
Flexibility Act (RFA), for rules which
we expect may have 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
Flexibility Analysis is Required" for a
list of these rules. See Appendix C for
a list of the rules that may affect small
entities, but which 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.
This year we have no rules scheduled
for section 610 review.
J. Why Participate in EPA's
Decisionmaking Process and How Can
You Be Most Persuasive?
You may participate by getting in
touch with the contact person provided
in each Agenda entry. 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 and address comments
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
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
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EPA
with us in deciding on the solution. We
urge you to participate with us in this
process.
Dated: March 19, 2002.
Thomas J. Gibson,
Associate Administrator, Office of Policy,
Economics, and Innovation.
GENERAL—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
2803
2804
2805
2806
2807
2808
2809
2810
2811
2812
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 3876 Incrementally Funding Fixed Price Contracts
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No. 4191 Revision to EPAAR 1552.211-73, Level of Effort !Z"II!!!""""""Z""
SAN No. 4463 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Strategy
SAN No. 4473 Regulatory Incentives for the National Environmental Performance Track Program
SAN No. 4533 New Jersey Gold Track Project XL Rule
2020-AA39
2030-AA67
2030-AA37
2030-AA50
2020-AA42
2020-AA44
2030-AA64
2070-AD45
2090-AA13
2090-AA28
GENERAL—Final Rule Stage
Sequence
Number
2813
2814
2815
2816
2817
2818
2819
2820
2821
Title
SAN No. 3817 Implementation of Changes to Governmentwide Debarment and Suspension Common Rule
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. 4185 Electronic Funds Transfer
SAN No. 4187 EPAAR Coverage on Local Hiring and Training
SAN No. 4400 Administrative Corrections to EPAAR 1515, Contracting by Negotiation
SAN No. 4572 Fellowship Grant Regulation Revision
SAN No. 4530 EPA Agencywide Public Involvement Policy
SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces, New Mexico
Regulation
Identification
Number
2030-AA48
2020-AA36
2025-AA04
2030-AA57
2030-AA62
2030-AA73
2030-AA77
2090-AA23
2090-AA27
GENERAL—Long-Term Actions
Sequence
Number
2822
2823
2824
Title
SAN No. 3240 Public Information and Confidentiality Regulations
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule
SAN No. 3671 Guidelines for Carcinogen Risk Assessment . .
Regulation
Identification
Number
2025-AA02
2025-AA07
2080-AA06
GENERAL—Completed Actions
Sequence
Number
2825
2826
2827
Title
SAN No. 3933 Environmental Impact Assessment of Nongovernmental Activities in Antarctica
SAN No. 4351 Notice to Proceed
SAN No. 4589 Empowerment Through Delegations of Authority and Miscellaneous Amendments
Regulation
Identification
Number
2Q20-AA34
onon AAftR
2030-AA78
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GENERAL—Discontinued Entries
Regulation
Identification
Number
2020-AA26
Title
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS)
Regulations Currently Under TSCA and FIFRA Into One Rule
Date With-
drawn
03/19/2002
Comments
Withdrawn The Agency plans
no further action.
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
2828
2829
2830
2831
2832
2833
2834
2835
2836
2837
2838
2839
2840
2841
2842
2843
2844
2845
2846
2847
2848
2849
2850
2851
2852
2853
2854
2855
2856
2857
2858
2859
2860
2861
2862
2863
2864
2865
2866
2867
2868
2869
2870
2871
2872
2873
SAN No. 4511 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Third Party Audit Provisions
SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No. 3262 Inspection/Maintenance Recall Requirements
SAN No. 3412 Operating Permits: Revisions (Part 70)
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No. 3820 NESHAP: Plywood and Composite Wood Products
SAN No. 3969 NESHAP: Municipal Solid Waste Landfills '.
SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203)
SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions
SAN No. 3910 Streamlined Evaporative Test Procedures
SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal Pipes ••
SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR 191, Subpart A
SAN No. 3656 NESHAP: Reciprocating Internal Combustion Engine
SAN No. 3657 NESHAP: Combustion Turbine
SAN No. 3343 NESHAP: Iron Foundries and Steel Foundries •
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing and Miscellaneous Coating Manufacturing
SAN No. 3449 NESHAP: Mercury Cell Chlor-Alkali Plants
SAN No. 3746 NESHAP: Paint Stripping Operations •
SAN No. 3825 NESHAP: Miscellaneous Metal Parts and Products (Surface Coating)
SAN No. 3652 NESHAP: Refractory Products Manufacturing :
SAN No. 3837 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters
SAN No. 3651 NESHAP: Lime Manufacturing •
SAN No. 3902 NESHAP: Semiconductor Production
SAN No. 3906 NESHAP: Metal Can Manufacturing (Surface Coating) Industry
SAN No. 3909 NESHAP: Fabric Printing, Coating and Dyeing
SAN No. 3907 NESHAP: Surface Coating of Automobiles and Light-Duty Trucks :
SAN No. 3924 NESHAP: Primary Magnesium Refining
SAN No. 3968 NESHAP: Site Remediation •
SAN No. 3972 NESHAP: Rocket Engine Test Firing •
SAN No. 3971 NESHAP: Organic Liquids Distribution (Non-Gasoline)
SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments
SAN No. 4546 NESHAP: Publicly Owned Treatment Works (POTW)-Amendments II
SAN No. 3904 NESHAP: Wood Building Products (Surface Coating)
SAN No. 3673 Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction
SAN No. 3824 Metal Furniture (Surface Coating) NESHAP •
SAN No. 3826 Plastic Parts and Products (Surface Coating) NESHAP
SAN No. 4115 NESHAP: Chromium Electroplating Amendment
SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision
SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments
SAN No. 4310 NESHAP for the Printing and Publishing Industry; Amendments
SAN No. 4343 NESHAP: Clay Ceramics Manufacturing
SAN No. 4313 Petitions to Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) from Section
112(b)(1)oftheCAA
SAN No. 4144 NESHAP: Engine Test Cells/Stands
SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) ,
2050-AE85
2060-AE20
2060-AE22
2060-AF70
2060-AF72
2060-AG52
2060-AH13
2060-AH23
2060-AH31
2060-AH34
2060-AH78
2060-AH84
2060-AH90
2060-AG63
2060-AG67
2060-AE43
2060-AE82
2060-AE85
2060-AG26
2060-AG56
2060-AG68
2060-AG69
2060-AG72
2060-AG93
2060-AG96
2060-AG98
2060-AG99
2060-AH03
2060-AH12
2060-AH35
2060-AH41
2060-AH47
2060-AJ66
2060-AH02
2060-AG20
2060-AG55
2060-AG57
2060-AH69
2060-AI56
2060-AI62
2060-AI66
2060-AI68
2060-AI72
2060-AI74
2060-AI97
2060-AJOO
-------
33730
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
2874 SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry 2060-AJ02
2875 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
2876 SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring ZZZZ!!."Z!" 2060-AJ25
2877 SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production and
Consumption 2060-AJ27
2878 SAN No. 4441 Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units Con-
structed on or Before November 30, 1999 ; 2060-AJ28
2879 SAN No. 4457 NESHAP: Pesticides Active Ingredients—Amendments !!..".".."."........."!...."........."! 2060-AJ34
2880 SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
rnsnt •• >••*•••••. , , , ofififi A i/t *i
2881 SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendmen^!!!!!"""""!!!!!""!!!!!"!!!"""!!!!"!^!"^"""""! 2060-AJ42
2882 SAN No. 4495 Revisions to Regional Haze Rule to Incorporate Sulfur Dioxide Milestones and Backstop Emissions
Trading Program for Nine Western States 2060-AJ50
2883 SAN No. 4524 NESHAP: Portland Cement Manufacturing Industry, Amendments to Rule to Implement Settiement
Agreement 2060-AJ57
2884 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
2885 SAN No. 4555 Electric Arc Furnace NSPS Amendment .'...".'.".'.'.'.'.'.'.'.'.'""."!!!.'.'.'.".'.'.'.'.".' 2060-AJ68
2886 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Dtesei
Fuel Transition Program for Alaska 2060-AJ72
2887 SAN No. 4583 Modification of Federal On-board Diagnostic Regulations for 2004 Model Year Vehicles Below
14,000 Ibs 2060-AJ77
2888 SAN No. 4547 Modification of Authority to Grant Alternative Method Approvals 2060-AJ83
2889 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060 AJ86
2890 SAN No. 4591 Benzene Waste Operations NESHAP; Amendments Z"ZZZZZZ 2060-AJ87
2891 SAN No. 4605 Proposed Amendments to Performance Standards and Monitoring Requirements for Particuiate
Matter at Stationary Sources 2060-AJ88
2892 SAN No. 4626 Control of Emissions from Spark Ignition Marine Vessels and Highway Motorcycles 2060 AJ90
2893 SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing Z.'Z" 2060-AJ91
2894 SAN No. 4622 Control of Emissions of Air Pollution From New Marine Compression-Ignition Engines At or Above
30 Liters per Cylinder 2060-AJ98
2895 SAN No. 4625 Implementation Rule for 8-hour Ozone NAAQS .Z!ZZZZ! 2060-AJ99
2896 SAN No. 4632 Modification of Anti-dumping Baselines for Gasoline Produced or Imported for Usein Hawaii"Alas-
ka and the U.S. Territories ' 2060-AK02
2897 SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
2898 SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
mulated Gasoline to California Phase 3 Gasoline 2060-AK04
2899 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depletingi SubstancesZN"
Propylbromide 2060-AK26
2900 SAN No. 4675 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel ....!ZZZZ"! 2060-AK27
2901 | SAN No. 4676 New Source Review Routine Maintenance, Repair, and Replacement IZZZ.Z! 2060-AK28
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
2902
2903
2904
2905
2906
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN NO. 3259 New source Review (NSR) improvement »......"!........."..!"..."........!!!..!!!.!!!!!.!!!.!!!!!!!!!!!!!!.!!!!
SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (FINAL) & Amend to
Appendix C of Part 63 & Appendix J of Part 60
SAN No. 3549 NESHAP: Petroleum Refineries; Catalytic Cracking Units, Catalytic"Reforming Units'and'su'lfur Re-
covery Units
2009-AAOO
2009-AA01
2060-AE11
2060-AE94
2060-AF28
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
33731
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
2907 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
2908 SAN No. 3741 Service Information Regulation for Light-Duty Vehicles and Trucks 2060-AG13
2909 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
2910 SAN No. 3970 NESHAP: Cellulose Production Manufacturing 2060-AH11
2911 SAN No. 3986 Consolidated Emissions Reporting Rule 2060-AH25
2912 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
2913 SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import &
Export ; 2060-AH67
2914 SAN No. 4114 NESHAP: Polyvinyl Chloride and Copolymers Production 2060-AH82
2915 SAN No. 4096 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the
Eastern United States 2060-AH87
2916 SAN No. 4082 NESHAP: Wet-Formed Fiberglass Mat Production 2060-AH89
2917 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate ... 2060-AI45
2918 SAN No. 4464 Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michi-
gan; Revision of Definition of Applicable Requirement for Title V Operating 2060-AJ36
2919 SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 2060-AF01
2920 SAN No. 3340 NESHAP: Primary Copper Smelting 2060-AE46
2921 SAN No. 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63 2060-AF31
2922 SAN No. 3749 NESHAP: Tire Manufacturing 2060-AG29
2923 SAN No. 3823 NESHAP: Large Appliance (Surface Coating) , 2060-AG54
2924 SAN No. 3655 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing 2060-AG66
2925 SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry 2060-AG97
2926 SAN No. 3964 NESHAP: Leather Finishing Operations 2060-AH17
2927 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
2928 SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
tion 608 2060-AF36
2929 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 2060-AF37
2930 SAN No. 3827 Paper and Other Web Coating NESHAP 2060-AG58
2931 SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington 2012-AA01
2932 SAN No. 4105 NESHAP: Generic MACT for Carbon Black, Ethylene, Cyanide and Spandex 2060-AH68
2933 SAN No. 4154 Emissions from Nonroad Spark-Ignition Engines and Standards for Recreational Spark-Ignition En-
gines 2060-AI11
2934 SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Applica-
tions of Methyl Bromide 2060-AI42
2935 SAN No. 4273 Amend Subpart H and I, 40 CFR Part 61, for Emissions of Radionuclides Other Than Radon From
DOE Facilities 2060-AI90
2936 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
2937 SAN No. 4460 NESHAP for Friction Products Manufacturing 2060-AJ18
2938 SAN No. 4466 Rulemakings for the Purpose of Reducing Interstate Ozone Transport 2060-AJ20
2939 SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions-Work Practices 2060-AJ26
2940 SAN No. 4450 Guidelines for Best Available Retrofit Technology (BART) 2060-AJ31
2941 SAN No. 4538 Revisions to Part 97 Federal NOx Budget Trading Program, Part 75 Emissions Monitoring Provi-
sions, Part 72 Permits Regulation Provisions, and Part 78 Appeal Procedures 2060-AJ43
2942 SAN No. 4454 Federal Plan for Small Municipal Waste Combustion Units 2060-AJ46
2943 SAN No. 4508 Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage Vessels;
Amendments 2060-AJ53
2944 SAN No. 4554 Control of Hazardous Air Pollutants From Mobile Sources; Correction 2060-AJ67
2945 SAN No. 4558 Transportation Conformity Rule Amendments: Minor Revision and Addition of Grace Period for
Newly Designated Nonattainment Areas .'..... :. 2060-AJ70
2946 SAN No. 4569 Control of Air Pollution from New Motor Vehicles; Second Amendment to the Tier 2/Gasoline Sulfur
Regulations 2060-AJ71
2947 SAN No. 4574 Protection of Stratospheric Ozone: Availability of Allowances to Produce Methyl Bromide for Devel-
oping Countries 2060-AJ74
-------
33732
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
2948
2949
2950
2951
2952
2953
2954
2955
2956
2957
2958
2959
2960
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 Ap-
plication
SAN No. 4600 State and Federal Operating Permits Program: Removal of Amendments to Part 70 and Part 71
Compliance Certification Requirements
SAN No. 4646 Amendments to NESHAP for Solvent Extraction for Vegetable Oil Production
SAN No. 4614 NESHAP: Generic MACT Amendments !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision and Minor
Corrections
SAN No. 4627 NESHAP: Pesticide Active Ingredient Production -Amendment
SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines !.!!!!!!!!!!!!!!!!!!!!!!!!
SAN No. 4647 Reduction of the Ambient Air Monitoring Fine Particulate Collocated Precision Requirement"!.."!!!!..
SAN No. 4648 Revision to Regulations Implementing the Federal Permits Program in Areas for which the Indian
Country Status Is in Question
SAN No. 4652 Direct Final Rulemaking for Modifications to Reformulated Gasoline (RFG) "Covered Area" Provi-
sions
SAN No. 4671 Amendments to Compliance Certification Requirements for State and Federal Operating Permits
Programs
SAN No. 4278 Project XL Site-Specific Rulemaking for Andersen Corporation's Facility in Bayport, Minnesota !!
2060-AJ82
2060-AJ84
2060-AJ89
2060-AJ93
2060-AJ95
2060-AJ97
2060-AKOO
2060-AK01
2060-AK05
2060-AK06
2060-AK07
2060-AK11
2090-AA21
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
2961 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
2962 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
2963 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program !!!!!!!!!!!!!!!!!!!!!!!!!! 2060-AG92
2964 SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country "!!!" 2060-AH37
2965 SAN No. 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas 2060-AH53
2966 SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks !!!!!!!!!!!!!!!!!!!!!! 2060-AH55
2967 SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
ered in Major Source Determinations 2060-AH58
2968 SAN No. 4111 NESHAP: Fumed Silica Production !!!!!!!!!!!!!!!!!!.!!!.! 2060-AH72
2969 SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry I!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.!!.!!!!!!!!!!.."!.!! 2060-AH75
2970 SAN No. 4070 General Conformity Regulations; Revisions !!!!!!!!!!!!!!!! 2060-AH93
2971 SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51) !!!!!!!!!!!!!! 2060-AI47
2972 SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 2060-AI49
2973 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) .... 2060 AA61
2974 SAN No. 3346 NESHAP: Integrated Iron and Steel !!!!" 2060-AE48
2975 SAN No. 3326 NESHAP: Reinforced Plastic Composites Production " 2060-AE79
2976 SAN No. 2841 NESHAP: Chromium Electroplating Amendment 2060-AH08
2977 SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
trott ^^ 2060 AI01
2978 SAN No. 4162 NESHAP: Oil and Natural Gas Production !!!!!!!!!!!!!!!!'!! 2060-AI13
2979 SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators !!!!!!!!!!!!!! 2060-AG31
2980 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
2981 SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
ments to Fuel Economy and Emission Test Results 2060-AH38
2982 SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under SNAP Program !!!!!!!!!!.!!!!!! 2060-AG12
2983 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
2984 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
2985 SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter ....!! 2060-AI44
2986 SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts, and Rhode Island !!!!! 2060-AI80
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33733
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
2987
2988
OQQQ
OQQn
2991
2992
9Q
-------
33734 Federal Register /Vol. 67, No. 92 /Monday, May 13, 2002 /Unified Agenda
EPA
CLEAN AIR ACT (CAA)— Discontinued Entries
Regulation
Identification
Number
2020-AA32
2060-AD90
2060-AF34
2060-AH79
2060-AI67
2Q60-AI94
2060-AI96
2060-AJ29
2060-AJ30
2060-AJ45
2060-AJ49
2060-AJ59
Title
SAN No. 2937 Field Citation Program
SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manu-
factured Vehicles and Engines; Amendment
SAN No. 3553 Implementation of Ozone and Particulate Matter (PM) Na-
tional Ambient Air Quality Standards (NAAQS) and Regional Haze Regula-
tions
SAN No. 4113 NESHAP: Clay Minerals Processing
SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing
SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes
SAN No. 4306 Development of Reference Method for the Determination of
Source Emissions of Filterable Fine Particulate Matter as PM2.5
SAN No. 4442 NESHAP for Source Categories: Phosphoric Acid Manufac-
turing and Phosphate Fertilizers Production — Amendments
SAN No. 4448 Revisions to Part 97 Federal NOx Budget Trading Program
Allowance Allocation Method and Part 75 Output and Emissions Monitoring
Provisions
SAN No. 4484 NESHAP: Amino/Phenolic Resins: Amendment
•SAN No. 4494 Indoor Air Toxics Strategy
SAN No. 4528 Modification of the Anti-Dumping Baseline Date Cut-Off Limit
for Data Used in Development of an Individual Baseline
Date With-
drawn
03/19/2002
03/13/2002
03/13/2002
03/14/2002
03/21/2002
03/19/2002
03/15/2002
03/14/2002
03/19/2002
03/15/2002
03/14/2002
03/25/2002
Comments
Withdrawn The Agency plans
no further action.
Withdrawn The Agency plans
no further work.
Withdrawn - Superseded by
SANs 4625, SAN 4450, and
SAN 4495
Withdrawn - Merged with SAN
4325, RIN 2060-AJ91
Withdrawn - Merged into RIN
2060-AJ91, SAN 4325
Withdrawn The Agency plans
no further action.
Withdrawn - The Agency plans
no further action.
Withdrawn - Merged with SAN
4636, RIN 2060-AJ94.
Withdrawn - Superseded by
SAN 4538, RIN 2060-AJ38.
Withdrawn - No further action
will be taken on this amend-
ment
Withdrawn - No further action
is planned
Withdrawn - Merged into RIN
2060-AJ82, SAN 4604
ATOMIC ENERGY ACT (AEA)— Prerule Stage
Sequence _.„ Regulation
Number Tltle Identification
Number
3027 SAN No. 3602 Protective Action Guidance for Drinking Water 2060-AF39
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
3028
3029
SAN No.
Waste .
SAN No.
Title
4054 Environmental Radiation Protection Standards for
4403 Revision of the 40 CFR Part 194 Waste Isolation P
the Disposal of Low-Activity Mixed Radioactive
lot Plant Compliance Criteria
Regulation
Identification
Number
PflRO-AHftt
2060-AJ07
ATOMIC ENERGY ACT (AEA)—Discontinued Entries
Regulation
Identification
Number
2060-AJ75
Title
SAN No. 4582 Modification of 40 CFR Part 194, Appendix A, Waste Isola-
tion Pilot Plant Certification
Date With-
drawn
01/1 4/2002
Comments
Withdrawn - The Agency plans
no further action.
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33735
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3030
3031
3032
3033
3034
3035
3036
3037
3038
Title
SAN No. 2687 Data Requirements for Pesticide Registration; Toxicology, Exposure and Residue Chemistry
SAN No. 4143 Endocrine Disruptor Screening Program
SAN No. 4170 Procedures for the Pesticide Registration Review Program
SAN No. 4173 Data Requirements for Antimicrobial Pesticide Registration
SAN No. 4216 Pesticide Emergency Exemption Regulations
SAN No. 4496 Data Requirement for Pesticide Registration; Environmental Fate and Ecological Effects
SAN No. 4596 Data Requirements; Biochemical and Microbial Pesticides
SAN No. 4609 Exemption of Medical Devices Treated with Antimicrobial Pesticides
SAN No. 4612 Plant-Incorporated Protectants (PIPs); Exemption for PIPs that Act by Primarily Affecting the Plant
Regulation
Identification
Number
2070-AC12
2070-AD26
2070-AD29
2070-AD30
2070-AD36
2070-AD47
2070-AD51
2070-AD54
2070-AD56
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3039
3040
3041
Title
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
SAN No. 3731 WPS; Pesticide Worker Protection Standard; Glove Amendment
SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products
Regulation
Identification
Number
2070-AB95
2070-AC93
2070-AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3042
3043
3044
3045
3046
3047
3048
3049
Title
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No. 4175 Pesticide Tolerance Reassessment Program
SAN No. 2684 Plant-Incorporated Protectants (Formerly Plant Pesticides) Rulemakings
SAN No. 4602 Plant-Incorporated Protectants (PIPs); Exemption for those Based on Viral Coat Proteins
SAN No. 3432 Pesticide Management and Disposal
SAN No. 3222 Groundwater and Pesticide Management Plan Rule
SAN No. 4611 Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4610 Acceptability of Research Using Human Subjects
Regulation
Identification
Number
2070-AD23
2070-AD24
2070-AC02
2070-AD49
2020-AA33
2070-AC46
2070-AD55
2070-AD57
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3050
Title
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
Regulation
Identification
Number
2070-AD28
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3051
3052
3053
3054
3055
3056
3057
Title
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 3882 Test Rule; Certain Metals
SAN No. 4395 Test Rule; Developmental and Reproductive Toxicity
SAN No. 1923 Follow-Up Rules on Existing Chemicals
SAN No. 4512 Significant New Use Rule; Selected Flame Retardant Chemical Substances for Use in Residential
Upholstered Furniture
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce
SAN No. 4179 Polychlorinated Biphenyls (PCBs); Use Authorizations
Regulation
Identification
Number
2070-AB79
2070-AD10
2070-AD44
2070-AA58
2070-AD48
2070-AB20
2070-AD27
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33736
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage (Continued)
Sequence
Number
3058
3059
Title
SAN No 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
Regulation
Identification
Number
2070-AD53
2070-AD58
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3060
3061
3062
3063
3064
3065
3066
3067
3068
3069
3070
3071
3072
3073
3074
3075
Title
SAN No. 3301 TSCA Inventory Update Rule Amendments
SAN No. 3493 Test Rule; Generic Entry for ITC-Related Testing Decisions
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 3990 Test Rule; Certain High Production Volume (HPV) Chemicals
SAN No. 4425 Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occupa-
tional Safety and Health Administration
SAN No. 1976 Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No. 3528 Significant New Use Rule; Refractory Ceramic Fibers
SAN No. 4475 Significant New Use Rule; Perfluoroalkyl Sulfonates
SAN No. 2779 Acrylamide and N-methylolacrylamide Grouts: Withdrawal of Proposed Ban
SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No. 3118 TSCA Section 8(e) Policy; Notice of Clarification
SAN No. 4172 Lead; Notification Requirements for Lead-Based Paint Abatement Activities and Training
SAN No. 3508 Lead; Management and Disposal of Lead-Based Paint Debris
Regulation
Identification
Number
2070-AC61
2070-AB94
2070-AC76
2070-AD16
2Q70-AD42
2070-AA59
2070-AB27
2070-AC37
2070-AD43
2070-AC17
2070-AC21
2070-AB08
2070-AB1 1
2070-AC80
2070-AD31
2070-AC72
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3076
3077
3078
3079
3080
3081
3082
Title
SAN No. 2865 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
riod Sunset Dates for TSCA Section 4 Substances
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Rule — Bridges and Structures
SAN No. 3557 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling
SAN No. 4176 Chemical Right-to-Know Initiative; High Production Volume (HPV) Chemicals
SAN No. 4597 Disposal of Polychlorinated Biphenyls: Implementation Issues
Regulation
Identification
Number
2070-AC27
2070-AC51
207Q-AC84
2070-AC64
2070-AC83
2070-AD25
2070-AD52
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Prerule Stage
Sequence
Number
3083
Title
SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of Overburden as It Relates to the Mining Industry ..
Regulation
Identification
Number
2025-AA08
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33737
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3084 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3085 SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet from the Extremely Hazardous Substances
(EHSs)List 2050-AE42
3086 SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 2025-AA03
3087 SAN No. 4265 TRI; Revisions to the Otherwise-Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion 2025-AA06
3088 SAN No. 4595 Rulemaking To Change Toxics Release Inventory (TRI) Reporting Requirements From Standard In-
dustrial Classification (SIC) Codes to North American Industrial Classification System 2025-AA10
3089 SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 2025-AA11
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
Regulation
• ™-
3090 SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate 2050-AE43
3091 SAN No. 2425 TR1; 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 _... ,J?e9.'ilatl'?n
Number Tl"e Identification
Number
3092 SAN No. 3007 TRI; Chemical Expansion; Finalization of Deferred Chemicals 2025-AA01
3093 SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 2025-AA09
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence I Regulation
Title Identification
Number
3094 SAN No. 4094 Land Disposal Restrictions; Notice of Data Availability: Mercury Treatability Studies 2050-AE54
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence _... ,JRe9"lati°n
Number Tl"e Identification
Number
3095 SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 2050-AE81
3096 SAN No. 4469 Standards for the Management of Coal Combustion Wastes: Non-Power Producers and Minefilling 2050-AE83
3097 SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods) 2050-AE41
3098 SAN No. 4230 Revisions to Solid Waste Landfill Criteria—Leachate Recirculation on Alternative Liners 2050-AE67
3099 SAN No. 4588 Research, Development, and Demonstration Permits for Municipal Solid Waste Landfill 2050-AE92
3100 SAN No. 4411 Regulation of Hazardous Oil-bearing Secondary Materials from Petroleum Refining Industry and
other Hazardous Secondary Materials Processed in a Gasification System 2050-AE78
3101 SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipes 2050-AE51
3102 SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to Haz-
ardous Waste Regulations 2050-AE52
. 3103 SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 2050-AE84
3104 SAN No. 4651 Increase Metals Reclamation from F006 Waste Streams '. 2050-AE97
3105 SAN No. 4534 Project XL Site-specific rulemaking for Anne Arundel County Miilersville Landfill, Severn, Maryland 2090-AA25
-------
33738
Federal Register /Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3106
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York
2090-AA29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3107
3108
3109
3110
3111
3112
3113
3114
3115
3116
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
SAN No. 3856 Management of Cement Kiln Dust (CKD)
SAN No. 4525 Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal
Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste
SAN No 4575 Municipal Solid Waste Landfill Location Restrictions for Airport Safety
SAN No. 4084 Office of Solid Waste Burden Reduction Project
SAN No 4208 Requirements for Zinc Fertilizer Made From Recycled Hazardous Secondary Materials
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery within the Organization
for Economic Cooperation and Development
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit
SAN No. 4608 Project XL Site-Specific Rulemaking for Implementing Waste Treatment Systems at Two Virginia
Landfills
Regulation
Identification
Number
2050-AE44
2050-AE23
2050-AE34
2050-AE86
2050-AE91
2050-AE50
P050-AE69
2050-AE93
2090-AA14
2090-AA30
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3117
3118
3119
3120
3121
3122
3123
3124
SAN No. 3147 Hazardous Waste Manifest Regulation
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum-Contami-
nated Media and Debris from Underground Storage Tanks
SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and Tri-
arylmethane Dyes and Pigments
SAN No. 4670 Revisions to the Definition of Solid Waste
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Re-
duction (K088) and Regulatory Classification of K088 Vitrification Units
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors—Phase II
Covering Boilers and Certain Industrial Furnaces
SAN No. 4418 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
2050-AE21
2050-AD69
2050-AD80
2050-AE98
2050-AC71
2050-AE65
2050-AE01
2050-AE79
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3125
3126
3127
3128
3129
Title
SAN No. 4419 Amendments to the Corrective Action Management Unit Rule
SAN No. 3328 Hazardous Waste Identification Rule (HWIR): Identification and Listing of Hazardous Wastes
SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste
SAN No. 4083 Listing of Hazardous Waste; Inorganic Chemical Wastes; Land Disposal Restrictions for Newly List-
ed Wastes; CERCLA Hazardous Substances Reportable Quantities ...".
SAN No. 4615 Definition of Solid Waste; Codification of Mineral Processing Vacature (Classification of Battery Re-
cyclers v. EPA) and Discussion of Future Proposed Rulemakinq
Regulation
Identification
Number
2050-AE77
2050-AE07
2050-AE32
2050-AE49
2050-AE94
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33739
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3130 SAN No. 4566 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors - Parallel
Proposed Rule 2050-AE90
OIL POLLUTION ACT (OPA)—Final Rule Stage
Regulation
M k , Title Identification
Number Number
3131 SAN No. 2634 Oil Pollution Prevention Regulation: Revisions : 2050-AC62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
o „„„= Regulation
N,q,mh«r Title Identification
Number Number
3132 SAN No. 3423 Reportable Quantity Adjustments for Carbamates 2050-AE12
3133 SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Against Superfund 2050-AE38
3134 SAN No. 4177 Cooperative Agreements and Superfund State Contracts for Superfund Response Actions 2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Regulation
Title Identification
Number
3135 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
Regulation
er•
3136 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules 2050-AD75
3137 SAN No. 4201 Criteria for the Designation of Hazardous Substances under CERCLA Section 102(a) 2050-AE63
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Discontinued
Entries
Regulation
Identification
Number
Title
Date With-
drawn
Comments
2050-AB82
SAN No. 2394 Reporting Exemptions for Federally Permitted Releases of
Hazardous Substances
03/14/2002
Withdrawn
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3138
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
2050-AE87
-------
33740
EPA
Sequence
Number
3139
3140
3141
3142
3143
3144
3145
3146
3147
3148
3149
3150
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
CLEAN WATER ACT (CWA)— Proposed Rule Stage (Continued)
Title
SAN No 4280 Effluent Guidelines and Standards for the Construction and Development Industry
SAN No 4406 Effluent Guidelines and Standards for the Aquatic Animal Production Industry
SAN No 4576 Effluent Guidelines 2002 Program Plan .
SAN No 4264 Water Quality Standards for Alabama — Phase II
SAN No 4377 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245 7)
SAN No. 4378 Revisions to Method Detection and Quantification for Use Under the Clean Water Act and Safe
Drinking Water Act
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 4474 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act Phase 2
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary Sewer Collection Systems, Municipal Satellite
Collection Systems, and Sanitary Sewer Overflows
SAN No. 4446 Ocean Discharges Criteria Revisions
SAN No. 2804 Clean Water Act Definition of Waters of the United States ...
SAN No. 4623 Total Maximum Daily Load (TMDL) Program Revisions
Regulation
Identification
Number
2040-AD42
2040-AD55
2040-AD78
2040-AD35
2040-AD52
2040-AD53
2040-AD71
2040-AD62
2040-AD02
2040-AD60
2040-AB74
2040-AD82
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3151
3152
3153
3154
3155
3156
3157
3158
3159
3160
3161
3162
3163
Title
SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2
SAN No. 3833 Effluent Guidelines and Standards for the Iron and Steel Manufacturing Point Source Category (Re-
visions)
SAN No. 4153 National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guide-
lines Standards for Concentrated Animal Feeding Operations (CAFOs)
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. 4047 Test Procedures for Analysis of Biological Contaminants Under Clean Water Act
SAN No. 4409 Test Procedures: Clean Water Act and Safe Drinking Water Act Methods Update
SAN No. 4541 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Revisions to Method
1631)
SAN No. 4514 Rule to Revise and to Ratify or Withdraw Whole Effluent Toxicity Test Methods
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. 4493 Clean Water State Revolving Fund Regulation Revisions Re: Use as Matching Funds .. ..
SAN No. 4624 Modification to Competitive Process Used by EPA for Water Quality Cooperative Agreements and
Wetland Program Development Grants
Regulation
Identification
Number
2040-AB79
2Q40-AC90
2Q40-AD19
2040-AD23
2040-AD08
2040-AD59
2040-AD72
2040-AD73
2040-AC14
2040-AD51
2040-AC25
2040-AD68
204Q-AD83
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
3164
3165
3166
3167
3168
3169
3170
Title
SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category, Phase II
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN No. 4407 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source .Category (Revi-
sions)
SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container and Drum Cleaning Point Source
Category
SAN No. 4344 Water Quality Standards for Indian Country Waters :.
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring
Regulation
Identification
Number
2040-AD10
2040-AD49
2040-AD56
2040-AD57
2040-AD46
2040-AC75
2040-AC92
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33741
EPA
Sequence
Number
3171
3172
3173
3174
3175
3176
3177
3178
CLEAN WATER ACT (CWA)— Long-Term Actions (Continued)
Title
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures .
SAN No. 3155 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
Clean Water Act, Phase One
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4089 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
Clean Water Act, Phase Two
SAN No 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II
SAN No. 4543 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facili-
ties Under Section 31 6(b) of the Clean Water Act PhaseS
SAN No 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution . ...
SAN No 3786 NPDES Streamlining Rule — Round III
Regulation
Identification
Number
2040-AC93
2040-AC95
2040-AD09
2040-AD12
2040-AD39
2040-AD70
2040-AC58
2040-AC84
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3179
3180
3181
Title
SAN No. 4168 Effluent Guidelines and Standards for the Coal Mining Point Source Category (Revisions)
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. 4332 Recognition Awards Under the Clean Water Act
Regulation
Identification
Number
2040-AD24
2040-AC34
2040-AD44
CLEAN WATER ACT (CWA)—Discontinued Entries
Regulation
Identification
Number
2040-AC56
2040-AD69
2040-AD79
Title
SAN No. 3662 Water Quality Standards Regulation — Revision
SAN No. 4515 Procedures for Tribes To Obtain Approval for Treatment as a
State To Receive Funding for the Beaches Program
SAN No. 4617 Total Maximum Daily Load (TMDL) Program Regulations Re-
visions
Date With-
drawn
04/24/2002
03/19/2002
02/27/2002
Comments
Withdrawn - No further action
planned.
Withdrawn - No further action
planned at this time
Withdrawn - Merged into RIN
2040-AD82, SAN 4623
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
3182
3183
Title
SAN No. 4212 Use of Screening Methods for Compliance Monitoring of Drinking
SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contamir
taminant Candidate List
Water Contaminants .
ants on the Drinking Water Con-
Regulation
Identification
Number
2040-AD31
2040-AD61
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3184
3185
Title
SAN No. 4638 Unregulated Contaminant Monitoring Regulation: Analytical Method for Aeromonas. National Pri-
mary and Secondary Drinking Water Regulations: Analytical Methods for Chemical&Microbiological Contaminants
SAN No. 4341 National Primary Drinking Water Regulations: Long-Term 2 Enhanced Surface Water Treatment
Rule .
Regulation
Identification
Number
2040-AD81
2040-AD37
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33742
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3186 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-AD38
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33743
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2803. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101-507; PL 102-
389; PL 101-549 sec 1001; 42 USC
9605(f); PL 100-590; EO 12432; EO
12138; EO 11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review of affirmative
action programs. They include: (1)
placing greater emphasis on requiring
assistance agreement recipients to
submit documentation supporting
proposed fair share procurement
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:
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 260-8886
Fax: 202 401-1080
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
2804. 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
05/00/02
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
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: 202 565-2475
Email: humphries.daniel@epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epa.gov
RIN: 2030-AA67
2805. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the
EPAAR since its promulgation in April
1994. This proposed rule would
incorporate most of the class deviations
to the EPAAR.
Timetable:
Action
Date
FR Cite
NPRM 08/00/02
Final Action 11/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4319
Sectors Affected: 5413 Architectural,
Engineering and Related Services; 5416
Action
Date
FR Cite
NPRM 06/00/02
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—General
Proposed Rule Stage
2806. INCREMENTALLY FUNDING
FIXED PRICE CONTRACTS
Priority: Substantive, Nonsignificant
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:
Timetable:
Action
Data
FR Cite
NPRM
Final Action
07/00/02
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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: 202 565-2475
Email: humphries.daniel@epa.gov
RIN: 2030-AA50
2807. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for:
Congressionally funded special
appropriation projects and EPA-funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Action
Date FR Cite
NPRM
Final Action
12/00/02
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Katherine Biggs, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7144
RIN: 2020-AA42
2808. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a(c)to
136a(d); 7 USC 136b(d)to 136b(f); 7
USC 136d(b)to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision}
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the Rules of
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 19 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
Action
Date FR Cite
NPRM Rules of 06/00/02
Practice Governing
Pesticide
Cancellation
Hearings, etc.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618
Sectors Affected: 111 Crop Production;
112 Animal Production; 32532
Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epa.gov
Kevin Lee, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A
Phone: 202 564-5375
Fax: 202 564-5644
Email: lee.kevin@epa.gov
RIN: 2020-AA44
2809. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 205(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 Legal
challenge to
Interpretation of
clause
Final Action Legal
challenge to
interpretation of
clause
08/00/02
10/00/02
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33745
EPA—General
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4191
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 564-2475
Email: wyborski.larry@epa.gov
RIN: 2030-AA64
2810. PERSISTENT,
BIOACCUMULATIVE, 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 signed
international agreement to control
persistent organic pollutants (POPs).
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
EPA's tools to prevent and reduce
releases of these substances. These
tools include international, voluntary,
outreach, programmatic, remedial,
compliance monitoring and assistance,
enforcement, research, and regulatory
tools. EPA will integrate and sequence
actions within and across action plans,
and will seek to leverage these actions
on international and industry-sector
bases. Beyond these first 12 substances
EPA will identify additional PBTs for
development of National Action Plans.
Timetable:
Action
Date FR Cite
Notice Multimedia 11/17/98 63 FR 63926
Strategy for PBTs
Notice Draft National 11/17/98 63 FR 63926
Action Plan for
Mercury
Notice Proposed 08/25/00 65 FR 51823
National Action Plan
forAIkyl-lead
Notice Draft Action
Plan for Level 1
Pesticides
Notice Draft Action
Plan for
Hexachlorobenzene
(HCB)
Notice Final Action
Plan forAIkyl-lead
Notice Draft Action
Plan for
Benzo(a)pyrene
(B(a)P)
Notice Final Action
Plan for Mercury
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4463
Agency Contact: Tom Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409M, Washington,
DC 20460
Phone: 202 564-8829
Fax: 202 564-8901
Email: murray.tom-hq@epa.gov
08/25/00
11/01/00 65 FR 65314
12/08/00 65 FR 77026
05/00/02
05/00/02
06/00/03
Paul Matthai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7409M,
Washington, DC 20460
Phone: 202 564-8839
Fax: 202 564-8899
Email: matthai.paul@epa.gov
RIN: 2070-AD45
2811. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
PERFORMANCE TRACK PROGRAM
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The National Environmental
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: operating environmental
management system; commitment to
continuous environmental
improvement through documented past
improvements and future commitments;
engaging the public; and a strong
record of compliance. To promote
participation in the program, and the
environmental and other benefits that
will come with it, EPA intends to offer
several incentives. Among those
incentives are the adjustments in
current regulatory requirements that are
the subject of this rulemaking. These
include reducing the frequency of
reports required under the Maximum
Achievable Control Technology
(MACT) provisions of the Clean Air
Act; streamlining 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.
Timetable:
Action
Date
FR Cite
NPRM 07/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—General
Proposed Rule Stage
Additional Information: SAN No. 4473
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1808,
Washington, DC 20460
Phone: 202 260-2765
Fax: 202 401-3998
Email: sachs.robert@epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1808
Phone: 202 260-0571
Fax: 202 401-3998
Email: fiorino.dan@epa.gov
RIN: 2090-AA13
2812. NEW JERSEY GOLD TRACK
PROJECT XL RULE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory, This
rule references a NJ rule which will be
published 2/4/02.
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
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4533
Agency Contact: Chad Carbone,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4296
Fax: 202 260-1812
Email: carbone.chad@epa.gov
David Beck, Environmental Protection
Agency, Office of the Administrator,
MD-10, Research Triangle Park, NC
27711
Phone: 919 541-5421
RIN: 2090-AA28
Environmental Protection Agency (EPA)
General
Final Rule Stage
2813. 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 01/23/02 67 FR 3265
Final Action 07/00/02
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
2814. 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
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33747
EPA—General
Final Rule Stage
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 76459
01/05/01
NPRM
NPRM Comment
• Period End
Final Action 08/00/02
Final Action Effective 09/00/02
Regulatory Flexibility Analysis
Required: Mo
Small Entities Affected: Ho
Government Levels Affected: Federal
Additional Information: SAN No. 4021
Agency Contact: Ann Goode,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1201, Washington, DC
20460
Phone: 202 564-7272
RIN: 2020-AA36
2815. 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 10/00/02
Freedom of
Information Act
Regulations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4180
Formerly listed as RIN 2020-AA40.
Agency Contact: Alan D. Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone: 202 566-1644
Fax: 202 566-1639
Email: margolis.alan@epa.gov
RIN: 2025-AA04
2816. ELECTRONIC FUNDS
TRANSFER
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 205(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 to its
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 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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
2817. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 205(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 (EPAAR) to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract ClausesvThe purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
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
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4187
Agency Contact: Frances Smith,
Environmental Protection Agency,
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—General
Final Rule Stage
Action
Administration and Resources Timetable:
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA62
2818. 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
Date
FR Cite
Direct Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4400
Agency Contact: Leigh Pomponio,
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
2819. 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
Nonprofit 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.
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
2820. EPA AGENCYWIDE PUBLIC
INVOLVEMENT POLICY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency is revising its 1981
Public Participation Policy. The Draft
Policy was updated to reflect changes
over the intervening years such as
additional Agency responsibilities, new
regulations, expanded public
involvement techniques, and the
changed nature of public access due to
the Internet. The Policy will provide
guidance and direction to EPA officials
on reasonable and effective means to
involve the public in its regulatory and
program decisions.
Timetable:
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
2821. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of the NASA
White Sands Test Facility (WSTF)
Electronic Reporting site specific rule
is to enable the NASA WSTF to
electronically submit compliance
reports and permit information to the
New Mexico Environmental
Department (NMED) in lieu of
submitting paper reports. The rule will
set forth guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes.
Timetable:
Action
Date
FR Cite
Draft Public 12/28/00 65 FR 82335
Involvement Policy
Final Public 12/00/02
Involvement Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4.530
Action
Date
FR Cite
NPRM
Final Action
10/31/01 66 FR 55050
07/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-5355
Fax: 202 260-3125
Email: heinemann.kristina@epa.gov
RIN: 2090-AA27
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Environmental Protection Agency (EPA)
General
Long-Term Actions
2822. 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.
Timetable:
Action
Date FR Cite
NPRM/CBIRegs 11/23/94 59 FR 60446
Proposal to revise
EPA's CBI
regulations
Final/CBI Substant. To Be Determined
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
Action
NPRM Resubmittal
Final Action
Additional Information: SAN No. 3240 Timetable:
Formerly listed as RIN 2020-AA21.
Agency Contact: Alan Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone: 202 566-1644
Fax: 202 566-1639
Email: margolis.alan@epa.gov
Rebecca Moser, Environmental
Protection Agency, Office of
Environmental Information, 2822,
Washington, DC 20460
Phone: 202 566-1679
Fax: 202 566-1639
Email: moser.rebecca@epa.gov
RIN: 2025-AA02
2823. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority: Other Significant
Legal Authority: PL 104-13; PL 105-277
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Legal Deadline: None
Abstract: 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 both remove current legal
requirements for paper that create
obstacles to electronic reporting and
recordkeeping and provide for
mechanisms to assure the legal validity
and authenticity of electronic
documents and associated electronic
signatures, whether transmitted as
reports or maintained as records. This
rule is important because the legal and
electronic signature issues remain the
chief obstacle to implementation of
paperless electronic reporting, and
affect the overall enforceability of
environmental programs both federally
and under State
delegation/authorization. Also, 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 can only be met if this
rulemaking has active participation by
the AA-ships and moves on a fast track.
Date
FR Cite
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
Additional Information: SAN No. 4270
Formerly listed as RIN 2020-AA41.
Agency Contact: Evi Huffer,
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
2824. 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
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EPA—General
Long-Term Actions
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
Timetable:
Action
Date
FR Cite
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
RIN: 2080-AA06
Environmental Protection Agency (EPA)
General
Completed Actions
2825. ENVIRONMENTAL IMPACT
ASSESSMENT OF
NONGOVERNMENTAL ACTIVITIES IN
ANTARCTICA
Priority: Other Significant
CFR Citation: 40 CFR 8
Completed:
Reason
Date
FR Cite
Final Action
12/06/01 66 FR 63454
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Joseph Montgomery
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Katherine Biggs
Phone: 202 564-7144
RIN: 2020-AA34
2826. NOTICE TO PROCEED
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1516
Completed:
Reason
Date
Final Action 07/31/01 66 FR 39456
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
Phone: 202 564-4369
Fax: 202 564-2475
Email: wyborski.larry@epa.gov
RIN: 2030-AA68
2827. EMPOWERMENT THROUGH
DELEGATIONS OF AUTHORITY AND
MISCELLANEOUS AMENDMENTS
Priority: Info./Admin./Other
CFR Citation: 48 CFR 1501; 48 CFR
1502; 48 CFR 1515; 48 CFR 1517; 48
CFR 1536; 48 CFR 1552
Completed:
FR Cite Reason
Date
FR Cite
Direct Final Rule 02/04/02 67 FR 5070
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
Phone: 202 564-4369
Fax: 202 564-2475
Email: wyborski.larry@epa.gov
RIN: 2030-AA78
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2828. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); THIRD PARTY AUDIT
PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 7412(r); 7601
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).
In 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
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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
11/00/02
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,
5104 A
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: 202 564-8444
RIN: 2050-AE85
2829. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
Date
FR Cite
NPRM 02/00/03
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3263
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20
2830. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM 09/00/02
Final Action 04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3262
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE22
2831. 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.
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 05/00/02
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 3412
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-3153
Email: vogel.ray@epa.gov
RIN: 2060-AF70
2832. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: The determination of volatile
organic compounds CVOCs) 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
12/00/02
12/00/03
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, Research
Triangle Park, NC 27711
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
Fax: 919 541-1039
RIN: 2060-AF72
2833. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAP) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. This rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board
(MDF), oriented strandboard (OSB),
medium density fiberboard,
particleboard, strawboard, hardwood
and softwood plywood, glue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/02
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3820
Sectors Affected: 32121 Veneer,
Plywood, and Engineered Wood
Product Manufacturing
Agency Contact: Mary Tom Kissell,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,.
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52
2834. 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 (MACT) for
municipal solid waste landfills.
Timetable:
Action
Date FR Cite
NPRM 11/07/00 65 FR 66672
Supplemental NPRM 05/00/02
Final Action 11/00/02
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-5450
Email: laur.michele@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13
2835. 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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date FR Cite
10/07/92 57 FR 46114
12/00/02
NPRM
Supplemental NPRM
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, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
2836. 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 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Fax: 734 214-4531
Email: voss.laura@epa.gov
RIN: 2060-AH31
2837. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521(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:
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
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Action
NPRM 12/00/02
Final Action 10/00/03
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
2838. 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.
Date FR Cite 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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-0072
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AH78
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Proposed Rule Stage
2839. 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
111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action
Data FR Cite
NPRM
Final Action
09/00/02
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, Research
Triangle Park, NC 27711
Phone: 919 541-1063
Fax: 919 541-1039
Email: curtis.foston@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
RIN: 2060-AH84
2840. 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
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
NE>RM
Final Action
05/00/02
11/00/02
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
2841. 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.
Timetable:
Action
Date
FR Cite
NPRM 11/00/02
Final Action 11/00/04
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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5263 '
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33755
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: wayland.robertj@epa.gov
RIN: 2060-AG63
2842. NESHAP: COMBUSTION
TURBINE
Priority: Substantive, Nonsignificant
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,
SO2, CO, arid PM. Combustion turbines
are already regulated for NOx and SO2
emissions under section 111 of the
CAA. The EPA will gather information
on HAP emissions from combustion
turbines and determine the appropriate
maximum achievable control
technology (MACT) to reduce HAP
emissions. The EPA information that
has already been developed will be
used if possible and additional
information will be gathered by
working with State/local agencies,
vendors, manufacturers of combustion
turbines, owners and operators of
combustion turbines, and
environmentalists,
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3657
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG67
2843. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, See additional
information.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
of air emissions of manganese
compounds, lead compounds, and
other substances that are among the'
pollutants listed as hazardous air
pollutants in section 112 of the Clean
Air Act, as amended in November of
1990. As such, these industries may be
source categories for which national
emission standards may be warranted.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/02
11/00/03
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: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AE43
2844. 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
Final Action
05/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3452
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE82
2845. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
-------
33756
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112(c)(6) of the Clean
Air Act requires us to list categories
of sources for seven specific pollutants
(including mercury) assuring that
sources accounting for not less than 90
percent of the aggregate emissions of
each pollutant are subject to standards
pursuant to section 112(d)(2). Chlor-
alkali plants are among the source
categories listed to achieve the 90
percent goal for mercury. Currently, the
source category includes 11 plants
located in 10 states engaged in the
production of chlorine and caustic
using mercury cells. Together, these
plants account for 45 percent of the
nationwide mercury inventory for non-
combustion sources.
Timetable:
Action Date FR Cite
NPRM 05/00/02
Final Action 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional information: SAN No. 3449
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5450
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Ah- and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AE85
2846. 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.
Timetable:
Action
Date FR Cite
NPRM
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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045 '
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG26
2847. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
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.
Timetable:
Action Date FR Cite
NPRM 05/00/02
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 3825
Sectors Affected: 322214 Fiber Can,
Tube, Drum, and Similar Products
Manufacturing; 326199 All Other
Plastics Product Manufacturing; 326291
Rubber Product Manufacturing for
Mechanical Use; 326299 All Other
Rubber Product Manufacturing; 331111
Iron and Steel Mills; 33121 Iron and
Steel Pipes and Tubes Manufacturing
from Purchased Steel; 331221 Cold-
Rolled Steel Shape Manufacturing;
331316 Aluminum Extruded Product
Manufacturing; 331319 Other
Aluminum Rolling and Drawing;
331422 Copper Wire (except
Mechanical) Drawing; 331511 Iron
Foundries; 331524 Aluminum
Foundries; 332311 Prefabricated Metal
Building and Component
Manufacturing; 81131 Commercial and
Industrial Machinery and Equipment
(except Automotive and Electronic)
Repair and Maintenance
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG56
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33757
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2848. 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
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:
Action
Date FR Cite
NPRM
Final Action
05/00/02
05/00703
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3652
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, C504-05, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG68
2849. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Industrial boilers,
institutional/commercial boilers and
process heaters are among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. EPA promulgated an NSPS for
these source categories in 1987 and
1990. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/02
05/00/04
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, C439-01, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa,gov
RIN: 2060-AG69
2850. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
44 USC 350 et seq; 5 USC 605
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants (HAPs). The
standards are to be technology-based
and are to require the maximum degree
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards) is being developed
for the lime manufacturing industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/02
11/00/03
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, C504-05, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG72
2851. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 BBBBB
-------
33758
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
1 major source that would be affected
by the NESHAP. This action will result
in little or no additional emission
reduction but will establish a Federal
MACT level for large facilities.
Timetable:
Action Date FR Clta
Timetable:
NPRM
Final Action
05/00/02
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, C504-05, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG93
2852. NESHAP: METAL CAN
MANUFACTURING (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.
Action
Date
FR Cite
NPRM
Final Action
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG96
2853. 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 05/00/02
Final Action 05/00/03
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, C539-03, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
2854. 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
and are to require the maximum
achievable control technology as
described in section 112 of the CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/02
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3907
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33759
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing; 336112 Light Truck and
Utility Vehicle Manufacturing; 336211
Motor Vehicle Body Manufacturing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG99
2855. 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 63
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 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, 2002 (58 FR 63941,
December 3, 1993).
Timetable:
Additional Information: SAN No. 3924
Agency Contact: Gene Grumpier,
Environmental Protection Agency, Air_
and Radiation, C439-05, Research
Triangle Park, NC 27711
Phone: 919 541-0881
Fax: 919 541-5450
Email: crumpler.gene@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AH03
2856. 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: Superfund, RCRA corrective
action, gasoline stations, farms and
residential sites are excluded from the
source category description.
Timetable:
Action
Date
FR Cite
NPRM 11/00/02
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Action
Date FR Cite
NPRM
Final Action
05/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH12
2857. 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
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
05/00/02
05/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH35
2858. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
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33760
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 05/00/02
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3971
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41
2859. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues. There are no
impacts anticipated for small
businesses or State/local/tribal
governments.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
ANPRM Petitions for
Jud. Rev-
Dow.UCC.Exxon)
NPRM Petitions for
Judicial Review-
Prop. Amend.
NPRM Petition for
Recons. - Equip.
Leaks
Direct Final Action
Petition for
Reconsid.-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.
11/25/96 61 FR 59849
03/09/99 64 FR 11559
06/08/99 64 FR 30453
06/08/99 64 FR 30406
06/19/00 65 FR 38030
08/29/00 65 FR 52319
10/26/00 65 FR 64161
02/23/01 66 FR 11233
07/16/01 66 FR 36924
Final-Amend. & Denial 08/06/01 66 FR 40903
Petition for
Reconsideration-
Equip. Leaks
NPRM Petition for 08/00/02
Reconsideration-
Cooling Towers
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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47
2860. 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 05/00/02
Final Action 10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 4546
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33761
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Split from RIN 2060-AF26.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ66
2861. 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:
Action
Date FR Cite
NPRM 05/00/02
Final Action 11/00/03
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: Vinson Hellwig,
Environmental Protection Agency, Air
and Radiation, C539-03, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AH02
2862. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671(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:
Government Levels Affected: None
Additional Information: SAN No. 3673
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-9870
Fax: 202 565-2156
Email: banks.julius@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AG20
2863. 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 - 06/00/02
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Action
Date FR Cite
NPRM
Final Action
05/00/02
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3824
Sectors Affected: 337124 Metal
Household Furniture Manufacturing;
33636 Motor Vehicle Fabric Accessories
and Seat Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing; 337127
Institutional Furniture Manufacturing;
332116 Metal Stamping; 332612 Wire
Spring Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air •
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin@epa.gov
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33762
Federal Register /Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
R1N: 2060-AG55
2864. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 et seq
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
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3826
Sectors Affected: 337214 Nonwood
Office Furniture Manufacturing; 32614
Polystyrene Foam Product
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing; 326199 All
Other Plastics Product Manufacturing;
333313 Office Machinery
Manufacturing; 33422 Radio and
Television Broadcasting and Wireless
Communications Equipment
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 339111 Laboratory
Apparatus and Furniture
Manufacturing; 339112 Surgical and
Medical Instrument Manufacturing;
33992 Sporting and Athletic Goods
Manufacturing; 33995 Sign
Manufacturing; 339999 All Other
Miscellaneous Manufacturing
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG57
2865. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: This proposed amendment
will also allow hard chromium
electroplating facilities using fume
suppressants for emission control to
meet a surface tension limit similar to
the requirements for decorative
chromium electroplating and chromium
anodizing facilities instead of the
present requirement to meet an
emission limit. Facilities choosing to
use fume suppressants for emission
control would be required to monitor
the surface tension at the same
frequency currently required for
decorative chromium and chromium
anodizing tanks and demonstrate
compliance with the surface tension
operating limit. Like decorative
chromium electroplating and chromium
anodizing facilities, hard chromium
electroplating facilities would now be
allowed to monitor surface tension to
demonstrate compliance in lieu of
performance testing.
Timetable:
Action
Date
FR Cite
NPRM 05/00/02
Final Action 01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AH69
2866. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 7401-767lq
CFR Citation: 40 CFR 93
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to promulgate rules that establish
the criteria and procedures for
determining whether highway and
transit plans, programs, and projects
conform to State air quality plans.
Conformity means that the
transportation actions will not cause or
worsen violations of air quality
standards or delay timely attainment of
the standards. The original conformity
rule was finalized on November 24,
1993, and most recently amended on
August 15, 1997. On March 2, 1999,
the U.S. Court of Appeals overturned
certain provisions of the 1997
conformity amendments. This
rulemaking will amend the conformity
rule in compliance with the court
decision. The rulemaking will formalize
the May 14, 1999 EPA guidance and
the June 18, 1999 DOT guidance that
was issued to guide action on this issue
until a rulemaking could be issued.
Specifically, the rulemaking will clarify
the types of projects that can be
implemented in the absence of a
conforming transportation plan. It will
also explain EPA's process for
reviewing newly submitted air quality
plans and when those submissions can
be used for conformity purposes,
Timetable:
Action Date FR Cite
NPRM 07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33763
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4340
Agency Contact: Kathryn Sergeant,
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
2867. 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 06/00/02
Final Action 06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection, Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-0072
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI62
2868. 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:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/02
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Action
Date FR Cite Government Levels Affected: None
NPRM
Final Action
06/00/02
12/00/02
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, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI66
2869. 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.
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI68
2870. 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
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
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33764
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 H2(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Timetable:
Action
Date
FR Cite
Denial Notice: 05/02/01 66 FR 21929
Methanol Melhanol
petition - final
action
Actlon:MEK Prop, rule 06/00/02
todelist/denial
notice-3 petitions by
06/2002
Action: EGBE Prop. 09/00/02
ruletodelistor
denial notice
Action: MIBK Prop. 03/00/03
ruletodelistor
denial notice
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4313
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Gulnnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Reserach Triangle Park, NC
27711
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AI72
2871. 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 is 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
consist of facilities which perform
testing on uninstalled engines such as
automotive engines, stationary turbines,
1C engines, and diesel engines.
Timetable:
Action
Date FR Cite
NPRM 05/00/02
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: 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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epa.gov
RIN: 2060-AI74
2872. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
'waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
NPRM
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348
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33765
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
2873. 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
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4393
Agency Contact: Joseph Bachman,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202 564-9035
Fax: 202 565-2084
Email: bachman.joseph.@epa.gov
Bob Perlis, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO
2874. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The taconite iron ore
processing source category is comprised
of eight facilities operating in the
United States. Six facilities are located
in Minnesota and two are located in
Michigan. The expected sources of HAP
emissions for this source category
include fossil fuel combustion sources,
and possibly the handling and transfer
of mined ore containing naturally
occurring inorganic compounds.
Anticipated HAP emissions released
from these sources primarily include -
formaldehyde, manganese, nickel,
arsenic, and chromium. The quantities
of HAP released are expected to exceed
major source levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/02
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4380
There are eight taconite processing
facilities in the U.S.; six 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, C439-04, Research
Triangle Park, NG 27711
Phone: 919 541-1512
Fax: 919 541-5450
Email: chin.conrad@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AJ02
2875. PETITIONS TO DELIST SOURCE
CATEGORIES FROM THE SOURCE
CATEGORY LIST, DEVELOPED
PURSUANT TO SECTION 112(C) OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
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 a
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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
03/00/03
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Reserach Triangle Park, NC
27711
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AJ23
2876. 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:
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
Agency Contact: Lee Ann Byrd,
Environmental Protection Agency, Air
and Radiation, C339-02, RTF, NC 27711
Phone: 919 541-5367
Fax: 919 541-1903
Email: byrd.lee@epa.gov
Mike Papp, Environmental Protection
Agency, Air and Radiation, C339-02
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.michael@epa.gov
RIN: 2060-AJ25
2877. 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: None
Abstract: EPA is proposing to add
chlorobromomethane (CBM) to the list
of controlled substances subject to
production and consumption controls
in accordance with both the Montreal
Protocol on Substances that Deplete the
Ozone Layer (Protocol) and EPA's
regulations under the Clean Air Act
Amendments of 1990. Today's action
proposes to create a new Group (Group
VIII) of class I substances for CBM, and
to designate the value of CBM's ozone
depleting potential as 0.12. In
accordance with the Protocol, today's
action proposes phasing out CBM
production and consumption upon
publication of the final rule with
permitted exemptions. Today's action
also proposes to restrict trade in CBM
with countries who are not Parties to
the Beijing Amendments to the
Protocol.
Action
Date
FR Cite Timetable:
NPRM
Final Action
10/00/02
06/00/03
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4421
NPRM 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4428
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing;
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33767
EPA—Clean Air Act (CAA)
Proposed Rule Stage
325412 Pharmaceutical Preparation
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 54138
Testing Laboratories; 6215 Medical and
Diagnostic Laboratories; 54171 Research
and Development in the Physical
Sciences and Engineering Sciences
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-3514
Fax: 202 565-2155
Email: akhtar.jabeen@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ27
2878. 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:
averaging period, and wastewater
applicability cutoffs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/02
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4441
Sectors Affected: 321 Wood Product
Manufacturing; 325 Chemical
Manufacturing
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epa.gov
RIN: 2060-AJ28
2879. 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,
Action
Date
FR Cite
NPRM 05/00/02
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ34
2880. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C); 40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Legal Deadline: None
Abstract: This action will amend the
existing regulation entitled Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR Part
60, promulgated on March 12, 1996.
The amendment is being undertaken in
response to requests to clarify our
intent regarding what constitutes an
adequate landfill gas treatment system.
This action also clarifies our intent to
exempt from control landfill gas that
is treated/upgraded to pipeline quality
natural gas. Furthermore, it clarifies
who is responsible for control of
untreated landfill gas that is sold. This
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
NPRM NSPS: 05/00/02
Municipal Solid
Waste Landfills
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4478
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Michele Laur,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-5450
Email: laur.michele@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ41
2881. 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
Final Action
05/00/02
04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4479
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AJ42
2882. 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 199S.
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
05/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4495
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epa.gov
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, C339-03
Phone: 919 541-5135
Fax: 919 541-5489
Email: driscoll.tom@epa.gov
RIN: 2060-AJ50
2883. 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
05/00/02
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33769
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4524
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ57
2884. MOTOR VEHICLE AND ENGINE
COMPLIANCE PROGRAM FEES FOR:
LIGHT-DUTY VEHICLES AND
TRUCKS; HEAVY-DUTY VEHICLES
AND ENGINES; NONROAD ENGINES;
AND MOTORCYCLES
Priority: Other Significant
Legal Authority: 42 USC 7552; 31 USC
9701; 42 USC 4370(c)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: Under the Motor Vehicle and
Engine Compliance (MVECP) Fee
Program user fees are collected for
certification and compliance activities.
Currently, user fees are required by
manufacturers of light-duty vehicles,
light-duty trucks, heavy-duty vehicles,
heavy-duty engines and motorcycles.
Through this Notice, EPA is 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
06/00/02
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
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
2885. 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
09/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4555
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AJ68
2886. 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
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33770
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 hi late 2001 or early
2002. This action will be in response
to that anticipated submittal.
Timetable:
Action
Date
FR Cite
NPRM
11/00/02
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
2887. MODIFICATION OF FEDERAL
ON-BOARD DIAGNOSTIC
REGULATIONS FOR 2004 MODEL
YEAR VEHICLES BELOW 14,000 LBS
Priority: Substantive, Nonsignificant
Legal Authority: 12 USC 1701q
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule proposes revisions
to the existing Light-Duty On-Board
Diagnostic Requirements, including
revisions that will: (1) require vehicle
manufacturers to monitor the catalyst
for NOx emission performance in
addition to existing requirements to
monitor NMHC performance,
whichever is more stringent; (2) require
monitoring of the evaporative emissions
systems for the presence of 0.020 leaks
or greater and allow for non-intrusive,
engine-off methods to perform
monitoring instead of the current
requirements to monitor for the
presence of a 0.040 leak or greater
during vehicle operation; (3) allow the
use of the Control Area Network (CAN)
Protocol (SAE 15765-4) for OBD
communications in addition to the
other allowable SAE (J1850, J1939) and
ISO (9141, 14230-4); (4) new software
and hardware changes to aid in OBD-
I/M program implementation including
adding vehicle identification number
(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:
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
2888. 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
Action
NPRM
11/00/02
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 10/00/02
Regulatory Flexibility Analysis
Required: Undetermined
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33771
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4547
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov
RIN: 2060-AJ83
2889. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
GEMS, these amendments are needed
to ensure those GEMS are operated in
a manner that ensures the quality of
the emission data collected. This action
is not expected to have any impact on
small entities or State, local, or tribal
governments.
Timetable:
Action
Date FR Cite
NPRM
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Priority: Substantive, Nonsignificant Additional Information: SAN No. 4584
Legal Authority: 42 USC 7401 et seq
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 GFR 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 broaden 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
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
2890. BENZENE WASTE OPERATIONS
NESHAP; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7626
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 is no emission reduction
'as a result of this action. However,
facilities may save money. We expect
no negative impacts on small
businesses and State/local/tribal
governments. Industry and government
support this change.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/02
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4591
Sectors Affected: 562211 Hazardous
Waste Treatment and Disposal; 3311
Iron and Steel Mills and Ferroalloy
Manufacturing; 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ87
2891. PROPOSED 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
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33772
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
time between Tiering and the expected
proposal date.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM 08/00/02
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, D243-02, RTF, NC 27711
Phone: 919 541-5244
Fax: 919 541-0516
Email: bivins.dan@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Fax: 919 541-1039
RIN: 2060-AJ88
2892. CONTROL OF EMISSIONS FROM
SPARK IGNITION MARINE VESSELS
AND HIGHWAY MOTORCYCLES
Priority: Odier 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 new
evaporative controls on vessels
powered by spark ignition engines. EPA
is also developing tighter standards for
highway motorcycles.
Action
Date FR Cite
NPRM
Final Action
05/00/02
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
2893. • 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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4325
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327123 Other Structural Clay Product
Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ91
2894. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7621 et seq;
42 USC 7542 et seq
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial, April
30, 2002, Propose emission standards
for new compression-ignition marine
engines at or above 30 liters per
cylinder.
Final, Judicial, January 31, 2003,
Finalize emission standards for new
compression-ignition marine engines at
or above 30 liters per cylinder.
Abstract: This rule will set exhaust
emission standards for new marine
compression-ignition engines at or
above 30 liters per cylinder installed
on vessels flagged by the United States
and will consider whether it is
appropriate to apply these standards to
foreign flag vessels that use U.S. ports.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/02
05/00/03
NPRM 05/00/02
Final Action 01/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
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Federal Register /Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33773
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4622
Sectors Affected: 333618 Other Engine
Equipment Manufacturing; 3366 Ship
and Boat Building
Agency Contact: Jean Marie Revelt,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
Pat Scoville, Environmental Protection
Agency, Air and Radiation, 6401A
Phone: 202 564-1101
Fax: 202 564-1342
Email: scoville.pat@epa.gov
RIN: 2060-AJ98
2895. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS
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 7408; 42 USC
7410; 42 USC 7501-7511f; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51 (revision)
Legal Deadline: None
Abstract: This rule would provide
specific requirements for State and
local air pollution control agencies to
prepare State implementation plans
(SIPs) under the 8-hour national
ambient air quality standard (NAAQS)
for ozone, published by EPA on July
18, 1997. The Clean Air Act requires
EPA to set ambient air quality
standards and requires States to submit
SIPs to implement those standards. The
1997 standards were challenged in
court, but in February 2001, the
Supreme Court determined that EPA
has authority to implement a revised
ozone standard, but ruled that EPA
must reconsider its implementation
plan for moving from the 1-hour
standard to the revised standard. The
Supreme Court identified conflicts
between different parts of the Clean Air
Act related to implementation of a
revised NAAQS, provided some
direction to EPA for resolving the
conflicts, and left it to EPA to develop
a reasonable approach for
implementation. Thus, this rulemaking
must address the requirements of the
Clean Air Act and the Supreme Court's
ruling.
This rule would provide detailed
provisions to address the Clean Air
Act's requirements for State
Implementation Plans (SIPs) and would
thus affect State and local air agencies.
States with areas that are not attaining
the 8-hour ozone NAAQS will have to
develop — as part of their SIPs —
emission limits and other requirements
to attain the NAAQS within the
timeframes set forth in the Clean Air
Act.
Tribal lands that are not attaining the
8-hour ozone standard may-be affected,
and could voluntarily submit a Tribal
Implementation Plan (TIP), but would
not be required to submit a TIP. In
cases where a TIP is not submitted,
EPA would have the responsibility for
planning in those areas.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/02
01/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4625
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.ogv
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
RIN: 2060-AJ99
2896. • MODIFICATION OF ANTI-
DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: Dumping refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and dump them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
anti-dumping rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFG program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska. We are
proposing this action to address certain
inconsistencies in the RFG program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers. In
addition, this action proposes to modify
the anti-dumping provisions to address
compliance in certain situations where
a refinery becomes non-operational
during the annual averaging period.
This action is intended to address
compliance issues where a refinery
does not produce sufficient summer
gasoline to offset the higher emissions
of winter gasoline due to the refinery
becoming non-operational during the
annual averaging period. Today's
proposed actions would not
compromise the environmental goals of
the RFG program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
State/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
05/00/02
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33774
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Action
Regulatory Flexibility Analysis Timetable:
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4632
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-8989
Fax: 202 565-2085
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
2897. • PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe designated
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. The qualification
criteria are designed to admit only
methods that are as precise as the
designated methods and can be made
to accurately predict designated method
measurements. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual NPRM
practice across all methods. Final Action
Date FR Cite
NPRM 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4633
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 42271 Petroleum Bulk
Stations and Terminals; 48691 Pipeline
Transportation of Refined; 334516
Analytical Laboratory Instrument
Manufacturing
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9305
Fax: 202 565-2085
Email: holley.john@epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J
Phone: 202 564-9034
Fax: 202 565-2085
Email: sopata.joe@epa.gov
RIN: 2060-AK03
2898. • REGULATION OF FUEL AND
FUEL ADDITIVES: EXTENSION OF
CALIFORNIA ENFORCEMENT
EXEMPTIONS FOR REFORMULATED
GASOLINE TO CALIFORNIA PHASE 3
GASOLINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.81
Legal Deadline: None
Abstract: EPA is proposing to exempt
refiners, importers, and blenders of
gasoline subject to the State of
California's reformulated gasoline
regulations from certain enforcement
provisions in the federal reformulated
(RFC) regulations. Certain exemptions
under the federal RFC program already
apply to California Phase 2 gasoline,
but additional exemptions are -••
necessary to cover Phase 3 gasoline.
Timetable:
Action
Date
FR Cite
05/00/02
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4634
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne-Marie
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-8987
Fax: 202 565-2085
Email: pastorkovich.anne-
marie@epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J
Phone: 202 564-9022
Fax: 202 565-2085
Email: kortum.dave@epa.gov
RIN: 2060-AK04
2899. • PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR OZONE-
DEPLETING SUBSTANCES—N-
PROPYLBROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
Abstract: This rule proposes to add n-
propylbromide (nPB) to the list of
acceptable substitutes for class I and
class II ozone depleting substances
used as solvents for general metals,
precision, and electronics cleaning, as
well as in aerosol solvent applications.
This would provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using, The rule would propose finding
nPB not acceptable as a substitute for
use in adhesives due to its toxicity and
the greater emissions from that
application. The rule also would
propose specific conditions on the use
of nPB as a solvent. These might
include limiting the specific
applications in which it may be used
to those with low emissions and
requiring exposure limits consistent
with industry practices. This will
ensure that nPB is used in a manner
that is safe and environmentally
protective. OSHA does not currently
regulate nPB. EPA would revise our
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33775
EPA—Clean Air Act (CAA)
Proposed Rule Stage
ruling to adopt whatever OSHA
requires if OSHA later regulates the use
of nPB. If finalized as proposed, this
rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action Date FR Cite
NPRM
Final Action
07/00/02
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.
Sectors Affected: 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 32615
Urethane and Other Foam Product
(except Polystyrene) Manufacturing
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9163
Fax: 202 565-2155
Email: sheppard.margaret@epa.gov
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AK26
2900. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES AND FUEL
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: CAA
CFR Citation: 40 CFR 89
Legal Deadline: None
Abstract: On October 23,1998, EPA
finalized emission standards for
nonroad compression ignition (i.e.,
diesel) engines for engines over 37
kW(50hp). The regulation reduced the
NOx + HC emissions standard by 30%
to 37% (based on the power class) from
the previous 6.9 g/hp-hr NOx and 1.0
g/hp-hr HC standard beginning in 1999.
As a follow-up to that 1998 rulemaking,
the Agency is now undertaking a
technology review, pursuant to the
Clean Air Act, to assess whether more
stringent standards are now feasible,
and to promulgate such standards if the
findings are positive. The technology
review will reassess the NOx + HC
standards and will set the next phase
of particulate matter standards for over
37 kW and up to 560 kW. The emission
limits will also be reexamined for the
under 37 kW scheduled for
implementation in 2004. The issue of
the sulfur content of nonroad diesel
fuel will be raised and consideration
given to lowering the fuel sulfur level
with an ultimate 15 ppm cap. The
certification duty cycle for this class of
engines will also be revisited to
implement a transient duty cycle that
gives some assurance of better in-use
control of particulate matter.
Timetable:
Action Date FR Cite
NPRM 12/00/02
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4675
Agency Contact: Cleophas Jackson,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
William Charmley, Environmental
Protection Agency, Air and Radiation,
ASD
Phone: 734 214-4408
Fax: 734 214-4050
Email: charmley.william@epa.gov
RIN: 2060-AK27
2901. • NEW SOURCE REVIEW
ROUTINE MAINTENANCE, REPAIR,
AND REPLACEMENT
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21; 40 CFR 52.24
Legal Deadline: None
Abstract: This rulemaking provides a
definition of the term routine
maintenance, repair, and replacement
for the New Source Review program.
The current New Source Review
regulations do not provide a definition
of this term, and there has been
considerable debate over the scope of
activities that should be included. The
new definition will provide a level of
certainty for regulated entities and
regulatory agencies with respect to
program applicability. While this rule
will affect small businesses and
state/local/tribal governments, this rule
is intended to simplify the regulatory
process and decrease the burden on
these entities.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
08/00/02
08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4676
Agency Contact: Rachel Rineheart,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-2402
Fax: 919 541-5509
Email: rineheart.rachel@epa.gov
Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
C339-03
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman,kathy@epa.gov
RIN: 2060-AK28
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33776
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
2902. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
NPRM 09/08/99 64 FR 48725
Notice 01/26/00 65 FR 4244
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4315
Agency Contact: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AAOO
2903. 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 09/08/99 64 FR 48731
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569
Agency Contact: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AA01
2904. 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
in Federal Class I areas (i.e., certain
national parks and wilderness areas)
under the 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. Consequently, 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, with the goal of
achieving as good or better
environmental results than could be
achieved by focusing strictly on new
sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/96 61 FR 38249
07/00/02
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, C339-03
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AEll
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33777
EPA—Clean Air Act (CAA)
Final Rule Stage
2905. 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
Supp NPRM-2nd
Appendix J to Part
60
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
12/00/02
2906. 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.
Timetable:
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, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
2907. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401(b)(D; 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans]. These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in.
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/11/98 63 FR 48889
05/00/02
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, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AF28
Action
Date FR Cite
NPRM
Final Action
11/22/93 58 FR 61639
05/00/02
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, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AF83
2908. 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
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33778
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
2909. 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.
Action
Date
FR Cite
06/08/01 66 FR 30830
09/00/02
NPRM 12/08/97 62 FR 64532
Final Action 12/00/02
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, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
2910. 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 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AHll
2911. 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
FFt Cite
NPRM 05/23/00 65 FR 33268
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No, 3986
Agency Contact: William B.
Kuykendal, Environmental Protection
Agency, Air and Radiation, D205-01,
Research Triangle Park, NC 27711
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33779
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
Phil Lorang, Environmental Protection
Agency, Air and Radiation, D205-01,
RTF, NG 27711
Phone: 919 541-5463
Fax: 919 541-0684
Email: lorang.phil@epa.gov
RIN: 2060-AH25
2912. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING LOW-
EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the market place. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability of the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Timetable:
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
2913. 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)
to 82.4(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. U.S. consumption for 1999
through 2001 has been fluctuating
between 80% and 95%. In 1999, the
Protocol imposed a production cap
effective January 1, 2004. An allowance
allocation system for HCFCs will allow
the U.S. to remain under the
consumption and production caps. This
rule also contains the mechanisn to
implement the phaseout of HCFC-141b,
effective January 1, 2003.
Timetable:
Action
Date
FR Cite
NPRM 07/20/98 63 FR 38767
Notice 05/14/99 64 FR 26410
Final Action 01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
http://www.epa.gov/
ozone/title6/phaseout/ phaseout.html
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AH67
2914. 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.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
04/04/99 64 FR 16373
07/20/01 66 FR 38064
06/00/02
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:
Action
Date
FR Cite
NPRM 12/08/00 65 FR 76958
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4114
Agency Contact: Warren Johnsonjr.,
Environmental Protection Agency, Air
and Radiation, C504-04, 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,
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33780
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH82
2915. PHASE I 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,
January 25, 2003, EPA is required to
promulgate FIPs by January 25 2003
unless States submit approvable plans.
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases. The
intended effect is to reduce the
transport of ozone (smog) pollution and
one of its main precursors — NOx —
across State boundaries in the eastern
half of the United States. On October
27,1998, EPA published a final rule
(the NOx SIP Call) which allowed
States 12 months to develop, adopt,
and submit revisions to their State
Implementation Plans (SIPs) to address
the transport problem. The
Administrator is required to promulgate
a FE? within 2 years of: (1) finding that
a State has failed to make a required
submittal or (2) finding that a submittal
is not complete or (3) disapproving a
SIP submittal. On June 22, 2000, the
B.C. Court of Appeals assigned a new
SIP submittal date of October 30, 2000.
Eleven States (Virginia, West Virginia,
Alabama, Kentucky, North Carolina,
South Carolina, Tennessee, Illinois,
Indiana, Michigan, and Ohio) and the
District of Columbia had not submitted
adequate SIPs, as announced in a
findings rule published on December
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; 6
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
10/21/98 63 FR 56393
12/26/00 65 FR 81366
02/00/03
NPRM
Findings Rule
Final Action
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, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
Jan King, Environmental Protection
Agency, Air and Radiation, C539-02
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
RIN: 2060-AH87
2916. 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 (HAPs) listed in section
112(b) 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
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.
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33781
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM 05/26/00 65 FR 34278
Final Action 05/00/02
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, C439-04, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH89
2917. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7671q
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 09/30/99 64 FR 52731
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Mo
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1554
Fax: 202 564-5603
Email: keating.terry@epa.gov
RIN: 2060-AI45
2918. RULEMAKING ON SECTION 126
PETITIONS FROM NEW YORK AND
CONNECTICUT REGARDING
SOURCES IN MICHIGAN; REVISION
OF DEFINITION OF APPLICABLE
REQUIREMENT FOR TITLE V
OPERATING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline: None
Abstract: The EPA is proposing to
revise the Section 126 Rule in light of
the March 3, 2000 court decision on
the NOx SIP Call. The court vacated,
and remanded to EPA for further
consideration, the inclusion of Georgia
and Missouri in the NOx SIP Call in
light of the Ozone Transport
Assessment Group conclusions that
emissions from coarse grid portions of
States did not merit controls. The
reasoning of the Court regarding the
significance of NOx emissions from
sources in Georgia and Missouri calls
into question the inclusion of the
coarse grid portion of Michigan in the
NOx SIP Call. In a separate proposal,
EPA is proposing to withdraw the NOx
SIP Call requirements for the Michigan
coarse grid area. The Section 126 Rule
is based on many of the same analyses
and information used for the NOx SEP
call and covers part of Michigan. Thus,
EPA is proposing to withdraw its
section 126 findings and control
requirements with respect to sources
located in the small part of the coarse
grid portion of Michigan that is
currently covered by the Section 126
Rule. The EPA has not identified any
existing section 126 sources that would
be affected by the proposal, however
this proposal would eliminate findings
and control requirements for new
sources locating in the coarse grid. This
proposal does not create any new
requirements, thus there are no
associated costs. The EPA is also
proposing to revise the definition of
applicable requirement for title V
operating permit programs by providing
expressly that any standard or other
requirement under section 126 is an
applicable requirement and must be
included in operating permits issued
under title V of the CAA.
Timetable:
Action
Date
FR Cite
NPRM 02/22/02 67 FR 8386
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4464
Split from RIN 2060-AH88.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Tom Helms, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5527
Fax: 919 541-0824
Email: helms.tom@epa.gov
RIN: 2060-AJ36
2919. 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(a); CAAA sec 172(c); 42 USC
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
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33782
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
(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
NPRM 04/21/00 65FR21505
Final Action 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3470
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, C339-02
Phone: 919 541-0832
Email: coulter.tom@epa.gov
Joe Tikvart, Environmental Protection
Agency, Air and Radiation, D243-01,
RTF, NC 27711
Phone: 919 541-5562
Email: tikvart.joe@epa.gov
RIN: 2060-AF01
2920. 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:
Additional Information: SAN No. 3340
NPRM-
http://www.epa.gov/fedrgstr/EPA-
ALR/1998/April/Day-20/al0142.htm
Agency Contact: Eugene Grumpier,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-0881
Date FR Cite Fax: 919 541.5450
Email: crumpler.eugene@epa.gov
Al Verveart, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AE46
2921. 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
subparts A and B will be proposed,
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM 04/20/98 63 FR 19582
NPRM 06/26/00 65 FR 39326
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
NPRM
Final Action
03/23/01 66 FR 16318
05/00/02
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AF31
2922. 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
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3551
Date
FR Cite
NPRM 10/18/00 65 FR 62414
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33783
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 3749
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG29
2923. 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 65 FR 81133
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3823
Sectors Affected: 335222 Household
Refrigerator and Home Freezer
Manufacturing; 335221 Household
Cooking Appliance Manufacturing;
335224 Household Laundry Equipment
Manufacturing; 335212 Household
Vacuum Cleaner Manufacturing;
335228 Other Major Household
Appliance Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Comme'rcial and
Industrial Refrigeration Equipment
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 333312
Commercial Laundry, Drycleaning and
Pressing Machine Manufacturing
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: dail.lynn@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: b3rrne.dianne@epa.gov
RIN: 2060-AG54
2924. 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 112(b) of the
CAA. As a consequence, the source
category is included on the initial list
of HAP-emitting categories scheduled
for standards promulgation within ten
years of enactment of the CAA
Amendments of 1990. The purpose of
this action is to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated according to the
mandated schedule.
Timetable:
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG66
2925. 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
Interim Final
11/21/01 66 FR 58610
05/00/02
Action
Date FR Cite
NPRM
Final Action
07/18/00 65 FR 44616
05/00/02
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3905
Sectors Affected: 323122 Prepress
Services; 339991 Gasket, Packing, and
Sealing Device Manufacturing; 326113
Unsupported Plastics Film and Sheet
(except Packaging) Manufacturing;
32613 Laminated Plastics Plate, Sheet
and Shape Manufacturing; 32614
Polystyrene Foam Product
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33784
Federal Register/Vol. 67, No. 92/Monday; May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Manufacturing; 331112
Electrometallurgical Ferroalloy Product
Manufacturing; 331221 Cold-Rolled
Steel Shape Manufacturing; 33121 Iron
and Steel Pipes and Tubes
Manufacturing from Purchased Steel;
331312 Primary Aluminum Production;
331314 Secondary Smelting and
Alloying of Aluminum; 331315
Aluminum Sheet, Plate and Foil
Manufacturing; 331319 Other
Aluminum Rolling and Drawing
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG97
2926. 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 IE 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 05/00/02
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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH17
2927. 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
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States;
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
2928. 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
Date FR Cite
NPRM1
NPRM
Final Action
02/29/96
11/01/96
05/00/02
61 FR7858
61 FR 56493
Action
Date
FR Cite
NPRM
03/24/94 59 FR 13912
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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 third party certification program for
labs.
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33785
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-9870
Fax: 202 565-2156
Email: banks.julius@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AF36
2929. 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/recycling equipment,
recovery/recycling practices, and
applicable certifications that would be
required to accomplish compliance
with the venting prohibition.
Requirements would parallel those of
the current section 608 regulations,
expanding applicability, where
appropriate, to substitute refrigerants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/11/98 63 FR 32044
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
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
Phone: 202 564-9870
Fax: 202 565-2156
Email: banks.julius@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AF37
2930. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/13/00 65 FR 55332
11/00/02
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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG58
2931. 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
Final Action
03/15/02 67 FR 11748
03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Federalism: Undetermined
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, WA 98101
Phone: 206 553-1498
Fax: 206 553-0110
Email: thompson.regina@epa.gov
Bonnie Thie, Environmental Protection
Agency, Regional Office Seattle, OAQ-
107
Phone: 206 553-1189
Fax: 206 553-0110
Email: thie.bonnie@epa.gov
RIN: 2012-AA01
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33786
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
2932. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYANIDE 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). 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
NPRM 12/06/00 65 FR 76408
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH68
2933. EMISSIONS FROM NONROAD
SPARK-IGNITION ENGINES AND
STANDARDS FOR RECREATIONAL
SPARK-IGNITION ENGINES
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 14, 2001.
Final, Judicial, September 13, 2002.
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
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: Yes
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,
OMS EPCD, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
RIN: 2060-AI11
2934. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT APPLICATIONS OF
METHYL BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7671-7671(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 Action
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
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AI42
2935. 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33787
EPA—Clean Air Act (CAA)
Final Rule Stage
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
05/00/02
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, 6608J, Washington, DC
20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI90
2936. 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(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: On October 27,1998 (63 FR
57355), EPA issued a rule to reduce
smog in the eastern half of the country.
The rule required 22 States and the
District of Columbia to reduce
emissions of nitrogen oxides (NOx),
which reacts with other chemicals in
the atmosphere to form smog. EPA
required these reductions because
pollution from each of these States was
transported by the wind and
significantly contributed to unhealthy
air quality in downwind states. In
response to litigation from several
parties on the NOx SIP call, the United
States Court of Appeals for the District
of Columbia issued a decision on
March 3, 2000 making it clear that EPA
and States can and should move
forward to implement this regional
strategy. The ruling remanded certain
relatively minor portions of the original
rule back to the EPA. This rulemaking
covers the portion of the rule associated
with the remanded issues: certain
cogeneration units, internal combustion
engines, the partial State requirements
for Georgia and Missouri and the
exclusion of Wisconsin. In this
rulemaking, EPA will consider the
partial State issue for Alabama and
Michigan and propose SEP 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 SB? 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
02/22/02 67 FR 8395
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4433
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AJ16
2937. 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
Date FR Cite
NPRM
Final Action
10/04/01 66 FR 50768
11/00/02
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, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AJ18
2938. 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 States' facilities or sources from
contributing significantly to air
pollution that is transported downwind
to other States, exacerbating their
inability to meet the national ambient
air quality standards for ozone.
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 multi-year
collaboration resulted in the most
comprehensive analysis of ozone
transport ever conducted. The OTAG
States voted in favor of a range of
strategies to reduce nitrogen oxide
emissions from utilities and other major
sources. Building on the
recommendations of OTAG, EPA issued
a rule known as the NOx SIP Call
(10/27/98, 63 FR 57355) requiring 22
States and the District of Columbia to
submit revisions to their SIPs to
address the regional transport of
nitrogen oxides (a precursor to ozone
formation known as NOx). By reducing
emissions of NOx, the actions directed
by these plans will decrease the
formation and transport of ozone across
State boundaries in the eastern half of
the United States. This rule was
challenged in court, and on March 3,
2000, the U.S. Court of Appeals for the
District of Columbia issued a decision
largely upholding the NOx SIP Call, but
remanded four narrow issues to EPA
for further rulemaking action. In an
August 30, 2000 Court Order, emission
reduction measures are required to be
in place by May 31, 2004. On June 8,
2001, the Court made a related decision
concerning the NOx SIP Call Technical
Amendment rulemakings which largely
upheld Phase I of the NOx SEP Call,
but remanded one issue to EPA. EPA
is now addressing in a separate
rulemaking the remanded issues
mentioned above (see SAN 4433 in
today's Regulatory Agenda). Another
remanded issue dealing with growth
projections is being addressed
separately. A notice of data availability
was published on 8/3/01 which made
new data publicly available for notice-
and-comment. A second notice of data
availability was published on March
11, 2002 listing additional items which
were made publicly available. Final
action is expected soon. In addition to
the SIP Call provisions, Federal
Implementation Plans (FTPs) may also
ba needed to reduce regional transport
if any affected State fails to adequately
revise its SEP to comply with the NOx
SEP call (see SAN 4096 in today's
Regulatory Agenda). In addition to the
SEP 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
Timetable:
Action
Date
FR Cite
10/21/98 63 FR 56393
10/27/98 63 FR 57355
05/25/99 64 FR 28250
01/18/00 65 FR 2674
08/03/01 66 FR 40609
NPRM NOx FIPs
(SAN 4096)
Final Action NOx SIP
Call
Final Action Section
126 Findings
Final Action Section
126 Approvals and
Remedy
NODA Notice of Data
Availability for NOx
SIP Call/Section
126 rule
NPRM Response to 02/22/02 67 FR 8395
NOx SIP Call Court
Decision (SAN
4433)
NODA Notice of Data 03/11/02 67 FR 10844
Availability for NOx
SIPCall/Section126
Rule
Final Action Response 05/00/02
to Remands
Concerning Growth
Factors
Final Action Response 09/00/02
to NOx SIP Call
Court Decision
(SAN 4433)
Final Action NOx FIPS To Be Determined
(SAN 4096)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4466
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AJ20
2939. 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
Abstract: 40 CFR part 63 contains
OAR's air-toxics emissions regulations,
often referred to as MACT rules or
NESHAPS. We are revising some part
63 standards to reflect changes in
delegation provisions. We are also
revising some sections in the part 63
regulations to clarify what are
standards and what are compliance
assurance measures. The benefits of the
changes will include clarifying what
authorities in each standard can be
delegated to State and local air
pollution control agencies and meshing
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
Date
FR Cite
NPRM 01/16/02 67 FR 2286
Final Action 01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4426
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, C339-03
Phone: 919 541-5135
Fax: 919 541-5489
Email: driscoll.tom@epa.gov
Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
C339-03
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
RIN: 2060-AJ26
2940. GUIDELINES FOR BEST
AVAILABLE RETROFIT TECHNOLOGY
(BART)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470-7479;
42 USC 7491; 42 USC 7492; 42 USC
7601; 42 USC 7602
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 Appendix Y (New)
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33789
EPA—Clean Air Act (CAA)
Final Rule Stage
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 the 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: Ho
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4450
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epa.gov
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, C339-03
Phone: 919 541-5135
Fax: 919 541-5489
Email: driscoll.tom@epa.gov
RIN: 2060-AJ31
2941. REVISIONS TO PART 97
FEDERAL NOX BUDGET TRADING
PROGRAM, PART 75 EMISSIONS
MONITORING PROVISIONS, PART 72
PERMITS REGULATION PROVISIONS,
AND 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
NPRM
NPRM Extension of
comment period
Final Action
Date
06/13/01
07/27/01
05/00/02
FR Cite
66 FR 31 978
66 FR 391 23
Regulatory Flexibility Analysis
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
2942. 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
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 the
State.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/14/01 66 FR 32484
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 4454
About half the small municipal waste
combustor owners are local
governments.
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, C339-03
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AJ46
2943. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: VOLATILE
ORGANIC LIQUID STORAGE
VESSELS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This direct final action
revises existing standards for Volatile
Organic Liquid Storage Vessels
-------
33790
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
(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 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ53
2944. 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 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4554
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, 2344A
Phone: 202 564-5573
Fax: 202 564-5603
Email: cort.paul@epa.gov
RIN: 2060-AJ67
2945. 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 10/05/01 66 FR 50954
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
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
2946. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES;
SECOND AMENDMENT TO THE TIER
2/GASOLINE 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 7521(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, this action makes minor
revisions to the regulations governing
compliance with the vehicle standards.
Timetable:
Action
Date
FR Cite
Direct Final Rule 06/00/02
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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33791
EPA—Clean Air Act (CAA)
Final Rule Stage
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
2947. PROTECTION OF
STRATOSPHERIC OZONE:
AVAILABILITY OF ALLOWANCES TO
PRODUCE METHYL BROMIDE FOR
DEVELOPING COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7671-7671q
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 U.S. 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
Direct Final Rule
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ74
2948. MODIFICATION OF THE ANTI-
DUMPING BASELINE DATE CUT-OFF
LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: Dumping refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and dump them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
anti-dumping rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1,1995
in the development of baselines, and
it would establish a cut-off date of
January 1, 2002 for the submission of
all individual baselines under the anti-
dumping program. This date is the
same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.
Timetable:
2949. 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:
Date FR Cite Actlon
Date
FR Cite
Direct Final Rule . 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
Action
Date FR Cite
Direct Final Rule
10/00/02
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, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov
RIN: 2060-AJ84
2950. 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
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33792
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 08/00/02
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: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Pk, NC 27711
Phone: 919 541-1351
Email: castro.grecia@epa.gov
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-AJ89
2951. • AMENDMENTS TO NESHAP
FOR SOLVENT EXTRACTION FOR
VEGETABLE OIL PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.2852; 40 CFR
B3.2861(d); 40 CFR 63.2870 (Table 1
Entry for 63.6(e))
Legal Deadline: None
Abstract: The final air-toxics rule
(NESHAP) controlling emissions from
solvent extraction for vegetable oil
production was promulgated in April
2001. This and all other NESHAPs rely
on another existing rule, called the Part
63 General Provisions, for definition of
a number of housekeeping functions
such as testing and monitoring. We are
currently in the process of finalizing
some amendments to the Part 63
General Provisions, and we have
recently discovered that we need to
simultaneously amend the existing
vegetable oil NESHAP to avoid a
number of minor inconsistencies with
the amended General Provisions. The
amendments in this package will
eliminate these minor inconsistencies
between the vegetable oil NESHAP and
the revisions being made to the Part
63 General Provisions.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Direct Final Rule
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4646
Sectors Affected: 311223 Other
Oilseed Processing; 311222 Soybean
Processing; 311223 Other Oilseed
Processing; 311119 Other Animal Food
Manufacturing; 311211 Flour Milling;
311221 Wet Corn Milling
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
RIN: 2060-AJ93
2952. • NESHAP: GENERIC MACT
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Several of the source
categories that are subject to MACT
(maximum available control
technology) standards contain only a
few sources (e.g., less than five). EPA
developed a generic MACT standard for
these source categories. This
reinvention to the MACT standards
development process will allow for
proper participation by all stakeholders.
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. The MACT
program addresses hazardous air
pollutants. This action currently affects
major sources of these HAPs. The
source categories included in this
standard are: Acrylic/Modacrylic (RIN
2060-AF06), Polycarbonates (RIN 2060-
AF09), Acetal Resins, and Hydrogen
Fluoride (RIN 2060-AG94).
NPRM Amendment for 10/14/98 63 FR 55177
Storage Tanks
Final Action 06/30/99 64 FR 34853
Amendment for
Storage Tanks
NPRM Amendment for 11/22/99 64 FR 63779
Storage Tanks
Final Action 11/22/99 64 FR 71852
Amendment for
Storage Tanks
Direct Final Rule 06/00/02
Amendment for
Process Vents
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4614
Split from RIN 2060-AG91.
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AJ95
2953. • CONTROL OF HAZARDOUS
AIR POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION AND MINOR CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Final, Statutory,
October 31, 2001, 80.855(b)(2) directs
EPA to revise the default baseline by
this date.
Abstract: The final rule, Control of
Emissions of Hazardous Air Pollutants
From Mobile Sources (66 FR 17230,
3/29/01), directed EPA to revise the
default toxics baselines in the rule to
include year 2000 data when it
becomes available. When revised, the
default toxics baseline values will be
the average toxics values for gasoline
over the period 1998-2000. This data
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33793
EPA—Clean Air Act (CAA)
Final Rule Stage
is now available, and this rule will
promulgate those revised baseline
values, and also incorporate several
minor technical corrections to the
existing rule.
Timetable:
Action Date FR Cite
Direct Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4621
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
Paul Cort, Environmental Protection
Agency, Air and Radiation, 2344A
Phone: 202 564-5573
Fax: 202 564-5603
Email: cort.paul@epa.gov
RIN: 2060-AJ97
2954. • NESHAP: PESTICIDE ACTIVE
INGREDIENT PRODUCTION
-AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Amendment to change
compliance date from 6/23/2002 to
12/23/2003.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4627
Split from RIN 2060-AE84.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AKOO
2955. • ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
CAA 231 to 232; 42 USC 7571 to. 7572;
5 USC 552(a)
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.31(b); 40 CFR
87.82; 40 CFR 87.89
Legal Deadline: None
Abstract: The purpose of this proposed
rulemaking is to amend the existing
United States regulations governing the
exhaust emissions from new
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nations International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
• aircraft meet international standards
and so that the public can be assured
that they are receiving the air quality
benefits of the international standards.
Timetable:
Action,
Date
FR Cite
Direct Final Rule 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4631
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 33641
Aerospace Product and Parts
Manufacturing; 336412 Aircraft Engine
and Engine Parts Manufacturing;
336413 Other Aircraft Part and
Auxiliary Equipment Manufacturing
Agency Contact: Tia Sutton,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4018
Fax: 734 214-4816
Email: sutton.tia@epa.gov
Bryan Manning, Environmental
Protection Agency, Air and Radiation,
NFEVL, Ann Arbor, MI 48105
Phone: 734 214-4832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
RIN: 2060-AK01
2956. • REDUCTION OF THE AMBIENT
AIR MONITORING FINE PARTICULATE
COLLOCATED PRECISION
REQUIREMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410; 42 USC
7601(a); 42 USC 7619
CFR Citation: 40 CFR 58
Legal Deadline: None
Abstract: This rule will amend the
regulations governing the monitoring of
ambient fine particulate pollution
(PM2.5) conducted by State and local
governments as part of their programs
to meet the National Ambient Air
Quality Standard (NAAQS) for PM2.5.
This direct final rule reduces the
requirement to collocate PM2.5
samplers from 25 percent of a reporting
organization's sites to 15 percent.
Collocation is a technique used to
provide an estimate of precision or
repeatability of the PM2.5 network. The
process involves setting up a second
PM2.5 sampling instrument within 1 to
4 meters of the primary sampler
instrument and collecting a sample
during the same time period as the
• primary sampler. EPA analysis now
shows that a reduction in the precision
requirement would not significantly
affect confidence in precision estimates.
Since precision values are collected
every sixth day at the monitoring sites
and the precision data quality
objectives are developed over 3 years,
EPA feels that enough precision data
will be collected at the proposed
frequency (15 percent) to provide
acceptable estimates of achievement of
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EPA—Clean Air Act (CAA)
Final Rule Stage
the precision data quality objectives.
This change should reduce the
monitoring burden of all organizations
implementing State and local Ambient
Monitoring Sites.
Timetable:
Action
Date
FR Cite
issued by State/local/tribal permitting
authorities.
Timetable:
Action Date FR Cite
Direct Final Rule 05/00/02
Direct Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4647
Agency Contact: Michael Papp,
Environmental Protection Agency, Air
and Radiation, C339-02, Washington,
DC 20460
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.michael@epa.gov
Tim Hanley, Environmental Protection
Agency, Air and Radiation, C339-02
Phone: 919 541-4417
Fax: 919 541-1903
Email: hanley.tim@epa.gov
RIN: 2060-AK05
2957. • REVISION TO REGULATIONS
IMPLEMENTING THE FEDERAL
PERMITS PROGRAM IN AREAS FOR
WHICH THE INDIAN COUNTRY
STATUS IS IN QUESTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 71.4(b); 40 CFR
71.9(p)
Legal Deadline: None
Abstract: The rulemaking responds to
an order of the U.S. Court of Appeals
for the District of Columbia, which
vacated and remanded a portion of the
regulations that authorize EPA to issue
operating permits to large stationary
sources of air pollution located in
Indian country. The relevant portion of
the regulation stated that EPA will treat
areas for which EPA believes the Indian
country status is in question as Indian
country. To conform with the court's
order, we are removing the regulatory
language that treats areas in question
as Indian country. A proposed
rulemaking is not necessary for this
action. The amendment may cause EPA
not to issue permits to a few sources,
which may result in permits being
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 4648
This action will have a minimal affect
on State and tribal governments. As a
result of this action, EPA may be
unable to issue permits to a handful
of sources which would then probably
be permitted by State or tribal
permitting agencies.
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, C339-03
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
RTF, NC 27711
Phone: 919 541-0886
Email: hitte.steve@epa.gov
RIN: 2060-AK06
2958. • DIRECT FINAL RULEMAKING
FOR MODIFICATIONS TO
REFORMULATED GASOLINE (RFG)
"COVERED AREA" PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 40 CFR 80.72; 42 USC
7545 (k)
CFR Citation: 40 CFR 80.70 (Revision)
Legal Deadline: None
Abstract: EPA will publish a direct
final rulemaking (and parallel NPRM)
to make several minor modifications to
its reformulated gasoline (RFG)
regulations to reflect changes in the
geographical areas that are covered by
the Federal RFG program, and to delete
obsolete language and clarify existing
language in the provisions listing the
Federal RFG covered areas. These
changes include: (1) deleting the seven
southern counties in Maine from the
RFG covered areas list, reflecting their
opt-out of the RFG program, as of
March 10, 1999, (2) adding the
Sacramento Metro and San Joaquin
Valley nonattainment areas to the list
of RFG covered areas, reflecting the
Sacramento Metro Area's inclusion in
the RFG program as of June 1, 1996
and the San Joaquin Valley Area's
inclusion in the RFG program on
December 10, 2002; and (3) deleting the
text which extended the RFG opt-in
provisions to all ozone nonattainment
areas including previously designated
ozone nonattainment areas, reflecting a
court decision in January 2000, which
invalidated this language. This
rulemaking also makes certain other
minor changes in the provisions listing
the RFG covered areas for purposes of
clarification. A parallel NPRM will also
be issued for use in case we receive
itive comments on the direct final
nej
rule.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4652
Agency Contact: John Brophy,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9068
Fax: 202 565-2085
Email: brophy.john@epa.gov
Carol Weisner, Environmental
Protection Agency, Air and Radiation,
6406J
Phone: 202 564-8985
RIN: 2060-AK07
2959. • AMENDMENTS TO
COMPLIANCE CERTIFICATION
REQUIREMENTS FOR STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS
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
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Final Rule Stage
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 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4671
Split from RIN 2060-AJ04.
Agency Contact: Steve Hitte,
Environmental Protection Agency, Air
and Radiation, C304-04, RTF, NC 27711
Phone: 919 541-0886
Email: hitte.steve@epa.gov
Grecia Castro, Environmental Protection
Agency, Air and Radiation, C304-04
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epa.gov
RIN: 2060-AK11
2960. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION'S FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This site-specific rule,
applicable only to the Andersen
Bayport facility, provides regulatory
changes under the Clean Air Act (CAA)
to implement Andersen Corporation's
XL project. In this project, the facility
will be allowed to increase production
levels without undergoing case-by-case
reviews prompted by its Volatile
Organic Compounds (VOC) emission
changes, as long as its VOC emissions
per unit of production remain below
the performance ration and its overall
emissions remain below a facility-wide
VOC cap.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/19/99 64 FR 19097
09/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4278
Agency Contact: Lisa Reiter,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-9041
Fax: 202 401-2474
Email: breiter.lisa@epa.gov
RIN: 2090-AA21
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
2961. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA 112[r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(rH7) 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
his rulemaking authority to the
Attorney General and the Administrator
of EPA, who jointly promulgated the
required regulations at 40 CFR part
1400. The Part 1400 regulations restrict
the public's access to the OCA sections
of RMPs in certain ways. As currently
drafted, however, section 68.210(a) of
part 68 states that RMPs are available
to the public under CAA section 114,
which makes information collected
under the CAA, including RMPs in
their entirety, available to the public,
except for confidential business
information. EPA is therefore revising
40 CFR section 68.210(a) to reflect the
August 2000 rulemaking 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
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
2962. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112(r)
CFR Citation: 40 CFR 68.130
Legal Deadline: None
Abstract: The list of substances subject
to the Chemical Accident Prevention
requirements at 40 CFR part 68 was
promulgated on January 31, 1994. The
Clean Air Act states that the list may
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EPA—Clean Air Act (CAA)
Long-Term Actions
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
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: 202 564-8444
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
2963. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7661(a)(dX3)
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 06/00/04
Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C339-03
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304-04,
RTF, NC 27711
Phone: 919 541-0886
Email: hitte.steve@epa.gov
RIN: 2060-AG92
2964. 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
06/00/03
06/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
_
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Long-Term Actions
Agency Contact: Karen Blanchard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NG 27711
Phone: 919 541-5503
Fax: 919 541-5509
Email: blanchard.karen@epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C504-01, Research Triangle Park, NC
27711
Phone: 919 541-5497
RIN: 2060-AH37
2965. 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 that meet
the statutory permitting requirements
are in place, in whole or in part. 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:
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
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AH53
2966. 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 20 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.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
Final Action
07/00/03
07/00/04
NPRM 07/03/01 66 FR 35326
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5450
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NG 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AH55
2967. 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.
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33798 Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/03
06/00/04
Regulatory Flexibility Analysis
Required: No
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, C339-03
Phone: 919 541-5282
Fax: 919 541-5509
Email: swanson.joanna@epa.gov
RIN: 2060-AH58
2968. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
Section 112; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Fumed silica is produced at
four facilities in three states. There is
no NSPS for the source category. Based
on preliminary results of a screening
study, the source category emits
chlorine, HC1, and chlorinated organics.
This source category was included in
the hydrochloric acid production
industry at proposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/18/01 66 FR 4874
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4in
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, C439-04, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH72
2969. 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 III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some
hydrochloric acid plants may be major
sources of 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
09/18/01 66 FR 48174
Final Action 05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, C439-04, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH75
2970. 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33799
EPA—Clean Air Act (CAA)
Long-Term Actions
appropriate revision to those
regulations,
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4070
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
Dave Stonefield, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5350
Fax: 919 541-0824
Email: stonefield.dave@epa.gov
RIN: 2060-AH93
2971. 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 die 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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4247
Agency Contact: Tom Helms,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5527
Fax: 919 541-0824
Email: helms.tom@epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.ogv
RIN: 2060-AI47
2972. 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), the
Federal Response Plan (FRP), and 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
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
2973. 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
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33800
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2,1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5,1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 FR 1665).
Timetable:
Action
Date
FR Cite
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
NPRM NAAQS
Review
NPRM NAAQS
Implementation
(Part 51)
Final Rule NAAQS
Review
NPRM Revised
NAAQS
Implementation
(Part 51)
Notice Schedule for 05/05/98 63 FR 24782
Response to
NAAQS Remand
Informational FR 01/09/01 66 FR 1665
Notice
Notice To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C504-02, RTF, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AA61
2974. 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 07/13/01 66 FR 36836
Final Action 05/00/03
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, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AE48
2975. 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
05/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3326
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3470
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
2976. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33801
EPA—Clean Air Act (CAA)
Long-Term Actions
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
05/00/03
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2841
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AH08
2977. 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 To Be Determined
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,
C339-03
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AI01
2978. 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
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH3
2979. 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
Supplemental NPRM 06/00/03
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
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33802
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Small Entitles Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: State,
Local
Additional Information: SAN No. 3751
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG31
2980. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479,
CAA sec 160 to 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 rale
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 05/16/97 62 FR 27158
NPRM 10/00/03
Final Action 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
2981. 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
11/00/03
FR Cite
NPRM
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
2982. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
SNAP PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) CAA 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
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Final Rule 1
NPRM 2
NPRM 3
Final Rule 2
Final Rule 3
Notice 6
Notice 7
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM 9
NPRM 6
Notice 10
Notice 11
Notice 12
Notice 13
Notice Notice 14
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
06/13/95 60 FR 31 092
10/02/95 60 FR 51 383
05/22/96 61 FR 25604
05/22/96 61 FR 25585
10/16/96 61 FR 54030
03/10/97 62 FR 10700
06/03/97 62 FR 30275
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
06/08/99 64 FR 30410
12/06/99 64 FR 68039
04/11/00 65 FR 19327
06/19/00 65 FR 37900
12/18/00 65 FR 78977
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
Agency Contact: Anhar Karimjee,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2683
Fax: 202 565-2095
Email: karimjee.anhar@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-0135
Email: cohen.jeff@epa.gov
RIN: 2060-AG12
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33803
EPA—Clean Air Act (CAA)
Long-Term Actions
2983. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Other Significant
CFR Citation: 40 CFR 52
Timetable:
Action
Date
PR Cite
NPRM 06/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Agency Contact: Laurie Ostrand
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epa.gov
Larry Svoboda
Phone: 303 312-6004
Fax: 303 312-6064
Email: svoboda.larry@epa.gov
RIN: 2008-AAOO
2984. REVIEW OF THE 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
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
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
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, C504-02, RTF, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C504-02, RTF, NC 27711
Phone: 919 541-5271
Fax: 919 541-0237
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
2985. 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 particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, 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 believes 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/03
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4255
Agency Contact: Mary A. Ross,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5170
Fax: 919 541-0237
Email: ross.mary@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AI44
2986. REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS,
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(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
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33804
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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 SEP 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
cany out that obligation. This
redistribution would not lead to an
increase in the overall budget for the
three States.
Timetable;
Action
Date FR Cite
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-
15/a23914.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
2987. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, The rulemaking
includes action on 4 separate petitions.
See Additional Information.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
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
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AI99
2988. RESCINDING FINDING THAT
PRE-EXISTING PM10 STANDARDS
ARE NO LONGER APPLICABLE IN
NORTHERN ADA COUNTY/BOISE,
IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the pre-
existing PM-10 NAAQS. Therefore, in
order to protect public health in the
Boise/Ada County area, EPA'is
proposing to reinstate the pre-existing
PM-10 NAAQS. Without this action
there would be no Federal PM-10
NAAQS applicable to this area. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal Register notice of the
proposed settlement requesting public
comment was published January 30,
2001 in accordance with section 113(g)
of the Act. Written comments on the
proposed settlement agreement were
due to EPA (Mike Prosper) by March
1, 2001. Unless EPA or DOJ 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 were
received. EPA/DOJ signed the
settlement agreement and the State is
in the process of carrying out its
obligations under the settlement
agreement.
Timetable:
Action
Date
FR Cite
NPRM 06/26/00 65 FR 39321
Extension of Comment 07/26/00 65 FR 45953
Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33805
EPA—Clean Air Act (CAA)
Long-Term Actions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4391
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02, RTF,
NC 27711
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epa.gov
Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5601
Email: wilcox.geoffrey@epa.gov
RIN: 2060-AJ05
2989. 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
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/03
04/00/04
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, C339-03
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
RIN: 2060-AJ14
2990. NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 41 USC 7401 et seq
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. EPA identified two
subcategories under the flexible
polyurethane foam fabrication
operations source category. These
subcategories are loop slitter HAP-
based adhesive use and flame
lamination. Loop slitters are equipment
at foam fabrication operations that are
used to slice large foam blocks into thin
sheets. Flame lamination refers to the
bonding of foam to other substrates
(i.e., cloth, foam, plastic, and other
materials), where the bonding agent is
scorched or melted foam.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/08/01 66 FR 41718
05/00/03
Regulatory Flexibility Analysis
Required: No
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, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ19
2991. 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
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.:
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The proposed
action will not impact small businesses,
or state, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531
Agency Contact: Jeffrey A. Herzog,
Environmental Protection Agency, Air
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
and Radiation, ASD, Washington, DC
20460
Phone: 734 214-4227
Fax: 734 214-4051
Email: herzog.jeff@epa.gov
RIN: 2060-AJB1
2992. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL AND
EMERGENCY USES OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671c; 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 recent1 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:
2993. ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
December 15, 2003.
Final, Judicial, December 15, 2004.
Abstract: In December 2000, the EPA
determined that regulation of hazardous
air pollutant emissions (HAP) from oil-
and coal-fired electric utility steam
generating units was necessary and
appropriate. This finding was based on
the results of the study mandated by
section 112(nXl)(A) of the Clean Air
Act, as amended. The regulation(s) will
be developed under section 112 and
will result in standards based on the
use of maximum achievable control
technology (MACT). The primary
benefit will be the reduction of mercury
emissions to the atmosphere from coal-
fired units but other HAP will also be
reduced. Small businesses and
State/local/tribal governments could be
impacted (particularly those
governments owning or operating oil-
or coal-fired electric generation
facilities).
Timetable:
Action
Date FR Cite Actlon
Date FR Cite
NPRM
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
Email: moreen.amber@epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ63
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
Additional Information: SAN No. 4571
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Robert J. Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
William Maxwell, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AJ65
2994. 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
f:R Cite
NPRM 06/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4585
Sectors Affected: 32731 Cement
Manufacturing
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33807
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
James Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ78
2995. • NATIONAL EMISSION
STANDARDS FOR COKE OVEN
BATTERIES - RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
October 27, 2001, National Emission
Standards for Coke Ovens - Residual
Risk Standards.
Abstract: The Clean Air Act (CAA)
section 112(f) standard to protect health
and the environment is the statutory
authority for this rulemaking. In
accordance with section 112(f)(2), EPA
must promulgate residual risk
standards 8 years after promulgation of
emission standards. We promulgated
emission standards for charging,
topside leaks, and door leaks at coke
ovens on October 27, 1993. This rule
will further reduce coke oven emissions
from charging, topside leaks, and door
leaks at the affected coke plants.
Timetable:
Fax: 919 541-5450
Email: melton.lula@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Reserach Triangle Park, NC
27711
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AJ96
2996. • NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart GG.
The current action, required by section
112[f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4620
Sectors Affected: 331111 Iron and
Steel Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-2910
2997. • NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES -
RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 6, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4653
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AK08
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4654
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AK09
2998. • NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 14, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
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EPA—Clean Air Act (CAA)
Long-Term Actions
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The sources
covered are Stage I gasoline distribution
sources — i.e., sources of air emissions
from processes involved with the
wholesale distribution of gasoline to
gas stations.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4655
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Pk, NG
27711
Phone: 919 541-5395
RIN: 2060-AK10
2999. • NESHAP: GROUP I
POLYMERS AND RESINS —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 6, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart U.
This source category covers chemical
process units used to manufacture
elastomer products from raw materials.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
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. 4656
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK12
3000. • NESHAP: GROUP II
POLYMERS AND RESINS - RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK13
3001. • NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
22, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. This rule will
cover the major sources of air emissions
within the synthetic organic chemical
industry.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4659
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK14
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Long-Term Actions
3002. • NESHAP: GROUP IV
POLYMERS AND RESINS —
RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 12, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Abstract: A national emission standard
for hazardous air pollutants (NESHAP)
for industrial process cooling towers
(IPCT) was previously promulgated
under Section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium-based water treatment
chemicals in IPCT used to remove heat
from chemical or industrial processes.
The Clean Air Act Section 112(f)
requires us to assess within 8 years of
promulgation of a NESHAP the
remaining risk to the public and to
develop additional more stringent
standards if such standards are needed
to protect the public health with an
ample margin of safety. This action is
to examine the remaining risk from
IPCT and, if warranted, to develop new
risk based standards.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4658
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK15
3003. • NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2002.
Action
Date FR Cite
This source category covers tanks on
ships that contain gasoline or crude oil
in bulk. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4660
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AK16
3004. • NESHAP: NATIONAL
EMISSION STANDARDS FOR MARINE
TANK VESSEL LOADING
OPERATIONS—RESIDUAL RISK
STANDARD
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 19, 2003, Final Action. ,
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart Y.
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4661
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, 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, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AK17
3005. • NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 22, 2002, Final Action.
Abstract: EPA developed technology-
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by Section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standards,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date
FR Cite
To Be Determined'
NPRM
Regulatory Flexibility Analysis
Required: Undetermined
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EPA—Clean Air Act (CAA)
Long-Term Actions
Small Entitles Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4662
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Amy Vasu,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-0107
Fax: 919 541-0840
Email: vasu.amy@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Reserach Triangle Park, NC
27711
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AK18
3006. • NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, June
23, 2003, Final Action.
Abstract: National emission standards
for hazardous air pollutants (NESHAP]
for secondary lead smelting were
promulgated on June 23, 1995 under
Clean Air Act section 112(d). The
standards establish emission limitations
and work practice standards for all new
and existing secondary lead smelters
that produce refined lead from lead
scrap, mainly lead acid batteries. Clean
Air Act section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional, more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from secondary lead smelters and to
develop new risk based standards, if
warranted.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4665
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5450
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Fax: 919 541-5450
Email: vervaert.al@epa.gov
RIN: 2060-AK19
3007. • NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 31, 2003, Final Action.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart II
(that's not a capital two, it's a double
I). This source category covers air-toxic
emissions from the painting of ships
under construction or repair in major
sources. The current action, required by
section 112(f) of the CAA, is to assess
residual risks from this same source
category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4666
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK20
3008. • NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 7, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJ.
This source category covers air-toxic
emissions from wood-furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4667
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: dail.lynn@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
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EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK21
3009. • NESHAP: HALOGENATED
SOLVENT CLEANING - RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002.
Abstract: This action is required by the
CAA to assess residual risk and
develop standards as necessary to
provide an ample margin of safety.
Timetable:
3010. • NESHAP:MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 15, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4668
Sectors Affected: 332999 All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
335999 All Other Miscellaneous
Electrical Equipment and Component
Manufacturing; 336999 All Other
Transportation Equipment
Manufacturing; 332116 Metal Stamping;
336 Transportation Equipment
Manufacturing; 339 Miscellaneous
Manufacturing; 332999 All Other
Miscellaneous Fabricated Metal Product
Manufacturing
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK22
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart KK.
This source category covers air-toxic
emissions from many activities located
at printing and publishing facilities —
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Action
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4669
Sectors Affected: 33461 Manufacturing
and Reproducing Magnetic and Optical
Media; 334613 Magnetic and Optical
Recording Media Manufacturing
Agency Contact: Vinson Hellwig,
Environmental Protection Agency, Air
and Radiation, C539-03, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK23
3011. • NESHAP: PRINTING AND
PUBLISHING INDUSTRY - RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004.
Abstract: EPA developed technology-
based standards for this source category
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4664
Sectors Affected: 322222 Coated and
Laminated Paper Manufacturing;
322212 Folding Paperboard Box
Manufacturing; 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
322225 Laminated Aluminum Foil
Manufacturing for Flexible Packaging
Uses; 322223 Plastics, Foil, and Coated
Paper Bag Manufacturing; 323111
Commercial Gravure Printing; 323112
Commercial Flexographic Printing;
323119 Other Commercial Printing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK24
3012. • NESHAP: PETROLEUM
REFINERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
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Long-Term Actions
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart CC.
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4663
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
K. C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK25
3013. 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
commercial scale black liquor
gasification system in the United States.
This system will provide superior air
emissions reductions and energy
benefits compared to use of
conventional recovery technology for
black liquor in the pulp and paper
industry. However, since this will be
the first commercial scale
demonstration of this technology, there
is some risk that the technology will
take longer than planned to work
properly or may not ever work
properly. If either of these scenarios
happens, Georgia-Pacific requires relief
from otherwise applicable air emission
standards to allow time for the new
technology to achieve expected
performance or, in the event of failure,
to allow time for Georgia-Pacific to
build conventional recovery technology
that will meet applicable standards.
Without this relief, Georgia-Pacific
would not undertake commercialization
of this promising technology. Therefore,
this rule provides relief (in the form
of limited duration compliance
extensions)from otherwise applicable
hazardous air pollutant emission
standards, as needed during the
conduct of the XL project.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4471
Sectors Affected: 32211 Pulp Mills;
32211 Pulp Mills
Agency Contact: David Beck,
Environmental Protection Agency,
Office of the Administrator, MD-10,
Research Triangle Park, NC 27711
Phone: 919 541-5421
RIN: 2090-AA26
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3014. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Notice of Dellsting 02/12/02 67 FR 6521
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Jeff Telander
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH83
3015. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF THE 610
NONESSENTIAL PRODUCTS BAN
Priority: Other Significant
CFR Citation: 40 CFR 82(C)
Completed:
Reason
Date
FR Cite
Final Action
11/15/01 66 FR 57511 40 CFR 63
Regulatory Flexibility Analysis;
Required: No
Government Levels Affected: None
Agency Contact: Cindy Newberg
Phone: 202 564-9729
Fax: 202 565-2155
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3016. WITHDRAWAL OF
AMENDMENTS FOR TESTING AND
MONITORING PROVISIONS TO 40 CFR
PARTS 60, 61, AND 63
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60; 40 CFR 61;
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33813
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Direct Final Rule 08/27/01 66 FR 44978
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Foston Curtis
Phone: 919 541-1063
Fax: 919 541-1039
Email: curtis.foston@epa.gov
Conniesue Oldham
Phone: 919 541-7774
Fax: 919 541-1039
RIN: 2060-AJ85
3017. • NESHAP: FROM PHOSPHORIC
ACID MANUFACTURING PLANTS AND
PHOSPHATE FERTILIZERS
PRODUCTION PLANTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
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 12/17/01 66 FR 65072
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4636
Split from RIN 2060-AE44.
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.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C439-04,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ94
3018. NESHAP FOR ETHYLENE OXIDE
COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
11/02/01 66 FR 55577
Regulatory Flexibility Analysis
Required: No,
Government Levels Affected: Federal,
State, Local
Agency Contact: David Markwordt
Phone: 919541-0837
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-AI64
3019. SECTION 126 RULE REVISION
CORRECTING NOX ALLOWANCE
ALLOCATIONS FOR CERTAIN UNITS
IN THE FEDERAL NOX BUDGET
TRADING PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 95.42(g)(2); 40
CFR 97.43(c)(9HNew); 40 CFR 97.43(a)
Completed:
Reason
Date
FR Cite
Final Action 09/21/01 66 FR 48567
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Dwight C. Alpern
Phone: 202 564-9151
Fax: 202 564-2141
Email: alpern.dwight@epa.gov
Kevin Culligan
Phone: 202 564-9172
Fax:202564-2141
Email: culligan.kevin@epa.gov
RIN: 2060-AJ47
3020. 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
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Direct Final Rule 11/16/01 66 FR 57824
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
Bob Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AJ52
3021. CHANGE IN THE DEFINITION OF
MAJOR SOURCE FOR OPERATING
PERMITS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70.2
Completed:
Reason
Date
FR Cite
Final Action-Change 11/27/01 66 FR 59161
to Definition of Major
Source
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Ray Vogel
Phone: 919 541-3153
Email: vogel.ray@epa.gov
Steve Hitte
Phone: 919 541-0886
Email: hitte.steve@epa.gov
RIN: 2060-AJ60
3022. NON-CONFORMANCE
PENALTIES FOR 2004 AND LATER
MODEL YEAR HEAVY-DUTY DIESEL
ENGINES AND HEAVY-DUTY DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86.1105
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33814
Federal Register/VoI. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
RnalActlon 01/16/02 67FR2159
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Rob French.
Phone: 734 214-4380
Fax: 734 214-4869
Email: french.roherts@epa.gov
Bill Charmley
Phone: 734 214-4466
Email: charmley.william@epa.gov
RIN: 2060-AJ73
3023. REGULATION TO ESTABLISH
NEW DATE FOR RECEIPT OF
SUMMER GRADE RFC AT TERMINALS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.78
Completed:
Reason
Date
FR Cite
NPRM
Final Action
12/03/01 66 FR 60163
02/26/02 67 FR 8729
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Chris McKenna
Phone: 202 564-9037
Fax: 240 363-8260
Email: mckenna.chris@epa.gov
Barry Garelick
Phone: 202 564-9028
Fax: 202 564-2085
Email: garelick.barry@epa.gov
RIN: 2060-AJ79
3024. RELAXATION OF SUMMER
GASOLINE VOLATILITY STANDARD
FOR DENVER/BOULDER, CO AREA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.27(a)(2)
(Revision)
Completed:
Reason
Date
FR Cite
Direct Final Rule 01/24/02 67 FR 3435
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Richard Babst
Phone: 202 564-9473
Fax: 202 565-2085
Email: babst.richard@epa.gov
Mike Shields
Phone: 202 564-9035
Fax: 202 565-2085
Email: shields.mike@epa.gov
RIN: 2060-AJ80
3025. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF YEAR 2002
ESSENTIAL USE ALLOWANCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4(t)(2)
Completed:
Reason
Date FR Cite
NPRM
Final Action
11/01/01 66 FR 55145
02/11/02 67 FR 6352
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Erin Birgfeld
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ81
3026. • NESHAP: REVISION OF
SOURCE CATEGORY LIST UNDER
SECTION 112 OF THE CAA
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act requires the EPA to publish a list
of major and area source categories
which emit one or more of the
hazardous air pollutants listed in
section 112. An initial list of source
categories was finalized in July 1992
and contained 174 categories. Section
112 further requires the Agency to
prioritize the listed categories such that
standards are promulgated for 40
source categories within 2 years of
enactment, 25 percent of all initially
listed categories within 4 years, 50
percent within 7 years, and 100 percent
within 10 years. The schedule for the
promulgation of emissions standards
was published in December 1993. This
action revises the list of source
categories and the corresponding
schedule for emission standards. This
is in accordance with the statute, which
requires the Agency to periodically
amend the list in response to public
comment or new information, and no
less often than every eight years. The
list and schedule were last updated on
February 12, 2002.
Timetable:
Action
Date
FR Cite
Notice: Revision
Notice: Correction
Second Notice
ANPRMListing
Research and
Development
Facilities
Notice Second
Revision
Notice
Notice
Notice
Notice
06/04/96 61 FR 28197
07/18/96 61 FR 37542
05/12/97 62 FR 25877
02/12/98 63 FR 07155
05/17/99 64 FR 26743
11/18/99 64 FR 63025
01/30/01 66 FR 8220
02/12/02 67 FR 6521
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4284
2060-AI52
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C439-04, 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,
C439-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ92
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33815
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Prerule Stage
3027. 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, NRG, 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 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3602
Agency Contact: Craig Conklin,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9222
RIN: 2060-AF39
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3028. 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 12/00/02
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
3029. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: 106 Stat. 4777 as
amended by the 1996 LWA
Amendments; PL 102-579; PL 104-201;
Waste Isolation Pilot Plant Land
Withdrawal Act of 1992
CFR Citation: 40 CFR 194.8(b)
Legal Deadline: None
Abstract: 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,
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33816
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
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
Final Action
05/00/02
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4403
Agency Contact: Agnes Ortiz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9466
Fax: 202 565-2062
Email: ortiz.agnes@epa.gov
RIN: 2060-AJ07
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3030. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION;
TOXICOLOGY, EXPOSURE AND
RESIDUE CHEMISTRY
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline; None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
them consistent with the revised data
requirements and new use indexing.
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types. This proposal is
currently limited to product chemistry,
and human health and exposure data
requirements for conventional
pesticides.
Timetable:
Action
Date
FR Cite
NPRM Product 08/00/02
Chemistry and
Human Health
Portions
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa Chun,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-4027
Fax: 703 305-5884
Email: chun.melissa@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC12
3031. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFRA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: 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 2003-2005 will be the
standardization and validation of assays
in the screening battery and the
completion of the priority setting
system.
Timetable:
Action
Date FR Cite
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
& Request for
Comment
NPRM Proposed 12/00/02
Procedural Rule
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4143
In August 2000, the Agency submitted
the required status report to Congress.
In March 2002, the Agency submitted
the requested status report to Congress
on the Endocrine Disrupter Methods
Validation Subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
Agency Contact: Jane Smith,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: smith.jane-scott@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7201M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8483
Email: timm.gary@epa.gov
RIN: 2070-AD26
3032. PROCEDURES FOR THE
PESTICIDE REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a (g); 7 USC
136w
CFR Citation: Not Yet Determined
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33817
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
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:
antimicrobial data requirements to
reflect current practice.
Timetable:
Action
Date
FR Cite
ANPRM Pesticides- 04/26/00 65 FR 24586
Procedural
Regulations for
Registration Review
NPRM 01/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29
3033. DATA REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
REGISTRATION
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a, 136c,
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
Action
Date
FR Cite
NPRM
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AD30
3034. 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.
Timetable:
Action
Date
FR Cite
NPRM 01/00/03
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: Joe Hogue,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joe@epa.gov
Jean M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD36
3035. DATA REQUIREMENT FOR
PESTICIDE REGISTRATION;
ENVIRONMENTAL FATE AND
ECOLOGICAL EFFECTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
them consistent with the revised data
requirements and new use indexing.
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types. This proposal covers the
data requirements for environmental
fate and ecological effects for
conventional pesticides.
Timetable:
Action
Date
FR Cite
NPRM 08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4496
Split from RIN 2070-AC12.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa Chun,
Environmental Protection Agency,
Office of Prevention, Pesticides and
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33818
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
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
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD47
3036. 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 codify data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology and
environmental fate and effects. Efficacy
data may also bs included. The revision
will not include plant-incorporated
protectants.
Timetable:
Action
Date FR Cite
NPRM
11/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4596
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@epa.gov
Jean M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD51
3037. EXEMPTION OF MEDICAL
DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
pesticide regulation medical devices
treated with antimicrobial pesticides.
EPA has determined that these treated
medical devices are adequately
regulated by the Food and Drug
Administration. This action would
eliminate dual regulation of these
products by EPA and FDA. EPA would
continue to regulate the antimicrobial
pesticide used to treat the medical
device.
Timetable:
Action
Date
FR Cite
NPRM 09/00/02
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
3038. PLANT-INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants that act by primarily
affecting the plant to its plant-
incorporated protectants exemptions at
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to prevent,
repel or mitigate any pest. These
substances are also chemical pesticide
residues under the Federal Food, Drug,
and Cosmetic Act (FFDCA). EPA has
determined that it will no longer issue
split registrations for biotechnology
products. Therefore, EPA is
concurrently considering the exemption
of plant-incorporated protectants
derived through genetic engineering
from sexually compatible plants from
the requirement of a tolerance under
section 408 of the FFDCA. Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a recent
Supplemental Proposal (66 FR 37855).
Timetable:
Action
Date 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 splitting
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;
_
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33819
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
54171 Research and Development in
the Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email: milewski.elizabeth@epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C
Phone: 703 308-8128
Fax: 703 308-7026
Email: andersen.janet@epa.gov
RIN: 2070-AD56
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3039. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC I36(q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: None
Abstract: FIFRA section 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling,
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide-dispensing
areas.
Timetable:
Action
Date
FR Cite
NPRM (Container 02/11/94 59 FR 6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 12/21/99 64 FR 71368
Extension of
Comment Period
Supplemental NPRM 02/24/00 65 FR 9234
Extension of
Comment Period
Final Action 12/00/02
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
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epa.gov
RIN: 2070-AB95
3040. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(w)
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: This final rule would create
greater flexibility in requirements of the
1992 Worker Protection Standard
related to the use of gloves by workers
and applicators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/09/97 62 FR 47544
06/00/02
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: 1131 Timber Tract
Operations; 115 Support Activities for
Agriculture and Forestry; 1114
Greenhouse, Nursery and Floriculture
Production; 111 Crop Production
Agency Contact: Nancy Vogel,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 305-6475
Fax: 703 305-5884
Email: vogel.nancy@epa.gov
Jean M. Frane, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC93
3041. REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The Final Rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
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33820
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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 Reg. Require. 09/17/99 64 FR 50671
for Anti Pest.
Products/Other Pest
Reg Changes
Action
Date FR Cite
Notice Extends 11/16/99 64 FR 62145
Comment Period to
January 18,2000
Final Action Labeling 12/14/01 66 FR 64759
and Other
Regulatory Portions
Final Action 07/00/02
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;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.goy
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510C,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa:.gov
RIN: 2070-AD14
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3042. 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
provision currently bars the Agency
from finalizing this rulemaking.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM Pesticides-
Tolerance
Processing Fees
06/09/99 64 FR 31039
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
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
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD23
3043. PESTICIDE TOLERANCE-
REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to
346(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 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.
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33821
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM , 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
assess 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
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
3044. 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
07/19/01 66 FR 37771
07/19/01 66 FR 37855
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
Final Action Plant-
Incorporated
Protectants (PIPs)
Under FIFRA
Supplemental NPRM
Seeks Additional
Comment on Other
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
Email: andersen.janet@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460 ,
Phone: 202 564-8492
Fax: 202 564-8501
Email: milewski.elizabeth@epa.gov
RIN: 2070-AC02
3045. PLANT-INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat proteins
to its plant-incorporated protectants
exemptions at 40 CFR 174. Substances ,
which plants produce for protection
against pests, and the genetic material
necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to prevent, repel or mitigate
any pest. These substances are also
chemical pesticide residues under the
Federal Food, Drug, and Cosmetic Act
(FFDCA). EPA has determined that it
will no longer issue split registrations
for biotechnology products. Therefore,
EPA is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
recent Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
Request for
Comment on
Alternate Name
Supplemental NPRM
Seeks Additional
Comment based on
NAS Report
FFDCA Final Action
FIFRA Final Action
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
06/00/03
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4602
-------
33822
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
This action Is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 111 Crop Production;
54171 Research and Development in
the Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email: milewski.elizabeth@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
3046. 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 05/05/93 58 FR 26856
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
RIN: 2020-AA33
3047. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 7 USC 136(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation 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.
Timetable:
Action
Date
FR Cite
NPRM 06/26/96 61 FR 33259
Notice of Availability re 02/23/00 65 FR 8925
Metolachlor
Supplemental NPRM - 03/24/00 65 FR 15885
Notice of Availability
& Extension
Comment Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3222
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Arthur-Jean B.
Williams, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
3048. 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
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
recent Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date
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
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33823
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Action
Date
FR Cite
Supplemental NPRM 08/20/01 66 FR 43552
Extension of
Comment Period
Final Action 09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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 splitting
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, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
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
Email: andersen.janet@epa.gov
RIN: 2070-AD55
3049. 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 human research subjects
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. No action has been taken to
give effect to the otherwise-subject-to-
regulation phrase. In addition, EPA has
asked the advice of the National
Academy of Sciences on several issues
surrounding th'e acceptability and
interpretation of third-party studies
involving deliberate dosing of human
subjects for the purpose of defining or
quantifying toxic endpoints. EPA will
seek public comment on issues related
to Agency use of human research data
in its regulatory decisionmakirig. EPA
believes the process being initiated will
serve two important Agency goals:
ensuring the availability of sound and
appropriate scientific data in its
decisions, and protection of the
interests, rights and safety of human
research subjects. EPA may issue one
or more documents, which may include
policy statements, rulemaking or
requests for public comment.
Timetable:
Action
Date
FR Cite
ANPRM
07/00/03
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, 7201M, Washington,
DC 20460
Phone: 202 564-8429
Fax: 202 564-8452
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
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3050. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611; 15 USC 2625
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of oxygenated fuel additives (OFA's).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other OF As such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Timetable:
Action
Date
FR Cite
Notice Solicit
Interested Parties
Notice EGA
06/00/02
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, 7405M, Washington,
DC 20460
Phone: 202 564-4760
Fax: 202 564-4745
Email: auer.charles@epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8174
Fax: 202 564-4765
-------
33824
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Email: semeniuk.george@epa.gov
R1N: 2070-AD28
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3051. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 42
USC 9601 CEERCLA; 15 USC 2611
TSCA 12; 42 USC 7401 112(b)(4) CAA;
42 USC 7412 (b)[4)&(b)(l) CAA; 42 USC
7403 (d) CAA
CFR Citation: 40 CFR 790
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight chemicals to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
lexicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(f) and sections 112(d and
e). Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology-based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPs.
Timetable:
Action
Date
FR Cite
NPRM 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover.frank@epa.gov
RIN: 2070-AB79
3052. 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
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, and Liability
Act (CERCLA) section 104(1). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. 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
CFR Citation: 40 CFR 790
NPRM
12/00/02
-------
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33825
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-4780 -
Fax: 202 564-4765
Email: kover.frank@epa.gov
RIN: 2070-AD10
3053. TEST RULE; 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 substances to conduct testing for
developmental and/or reproductive
toxicity. EPA is also proposing
reporting rules for two of the seven
substances. These rules would require
the reporting of production volumes so
it will be possible to determine when
the testing program can be triggered for
the two substances without causing a
significant impact on reviewers. This is
a reproposal of a test rule announced
March 4, 1991 (56 FR 9092).
Timetable:
Action
Date
FR Cite
03/04/91 56 FR 9092
06/00/02
NPRM
NPRM Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395 Action
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
Date
FR Cite
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover.frank@epa.gov
RIN: 2070-AD44
3054. 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.
Timetable:
Action
Date
FR Cite
NPRM 2,4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Substances
Final Action
Benzidine-based
Chemical
Substances
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61 FR 52287
NPRM Heavy Metal-
Based Pigments in
Aerosol Spray
Paints SNUR
NPRM p-Amino-
phenol &
Bromochlo-
romethane 8(a)
Chemical Specific
Rule
NPRM 2,4-
Pentanedione
SNUR {Reproposal)
Final Action Heavy
Metal-Based
Pigments in Aerosol
Spray Paints SNUR
NPRM
Methylcyclopentane
SNUR
NPRM 2-
Ethoxyetharibl & 2-
Methoxyethanol &
2-Methoxyethano!
Acetate
NPRM Amendment to
Benzidine-based
Chemical
Substances SNUR
NPRM o-ToIidine & o-
Dianisidine-based
Dyes (Benzidine
Congener Dyes)
NPRM Certain
Chemical
Substances No
Longer in
Production SNUR
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
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-4770
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov
Diane Sheridan, Environmental
Protection Agency, Office of
01/15/02 67 FR 1937
05/00/02
05/00/02
06/00/02
06/00/02
06/00/02
12/00/02
03/00/03
06/00/03
06/00/03
12/00/04
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33826
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8176
Fax: 202 260-1096
Email: sheridan.diane@epa.gov
RIN: 2070-AA58
3055. SIGNIFICANT NEW USE RULE;
SELECTED FLAME RETARDANT
CHEMICAL SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
flame retardant chemicals for use in
residential upholstered furniture. The
SNUR would require companies
wanting to import or manufacture these
chemicals for the significant new uses
described in the proposed rule to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities.
Timetable:
Action
Dato FR Clto
NPRM
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, 7405M, Washington,
DC 20460
Phone: 202 564-8109
Fax: 202 564-4775
Email: grandson.carolyn@epa.gov
John Bowser, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@epa.gov
RIN: 2070-AD48
3056. 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
PCB which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date FR Cite
NPRM (1) Group I 12/06/94 59 FR 62875
NPRM (2) Group II 05/00/02
Final Action (1) Group 01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.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
3057. 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
ANPRM
NPRM
Final Action 1 PCB
Disposal Provisions
NPRM Notice of Data
Availability,
Reopening of
Comment Period
NPRM Extension of
Comment Period
NPRM Use
Authorizations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
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
-------
Federal Register/Vol. 67, No. 92/Monday, May 13,^ 2002/Unified Agenda
33827
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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
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: mcgurk.sara@epa.gov
RIN: 2070-AD27
3058. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction, For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action Date FR Cite
NPRM
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8983
Fax: 202 564-9062
Email: chow.flora@epa.gov
Jamesine Rogers, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405
Phone: 202 260-2721
Fax: 202 564-9490
Email: rogers.jamesine@epa.gov
RIN: 2070-AD53
3059. • AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: This regulatory action will
eliminate exemptions under the
Polymer Exemption Rule for certain
chemicals containing or related to
perfluorooctyl sulfonate (PFOS) and
perfluorooctonoic acid (PFOA). Based
on data on PFOS and PFOA, EPA
believes that these substances and other
structurally related substances may
persist in the environment,
bioaccumulate, and be toxic. Certain
polymers which contain PFOS, PFOA,
or structurally similar substances, or
which could release such substances as
a degradation-on-incineration product
would no longer qualify for exemption
from TSCA section 5 reporting.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635
Sectors Affected: 325 Chemical
Manufacturing; 326 Plastics and Rubber
Products Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing
Agency Contact: Mary Begley,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 564-8976
Fax: 202 564-9490
Email: begley.mary@epa.gov
Jamesine Rogers, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405
Phone: 202 260-2721
Fax: 202 564-9490
Email: rogers.jamesine@epa.gov
RIN: 2070-AD58
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33828
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3060. 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 is making other
amendments to the IUR. These include
removing the inorganic chemicals
exemption, thereby 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.
Timetable:
Action Date FR Cite
Action
Date
FR Cite Timetable:
Notice Comment 10/22/99 64 FR 56998
Extension
Final Action 08/00/02
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
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epa.gov
Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Action
ANPRMAryl
Phosphates (ITC
List 2)
NPRM Aryl
Phosphates (ITC
List 2)
Final Action-EGA
DiBasic Esters
(CPSC)
Final Action-EGA
1,1,2-
Trichloroethane
(TCE)
Final Action-EGA
Ethylene Dichloride
(EDC)
Final Action ITC
Chemicals (ITC List
OQ\
28)
Final Action-EGA Aryl
Phosphates (ITC
List 2)
Final Action-EGA
Maleic Anhydride
Final Action-EGA
Hydrogen Fluoride
Final Action-EGA
Phthalic Anhydride
Date
12/29/83
01/17/92
08/05/99
06/15/00
07/00/02
12/00/02
12/00/02
12/00/02
12/00/02
12/00/02
FR Cite
48 FR 57452
57 FR 2138
64 FR 42692
65 FR 37550
Washington, DC 20460
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epa.gov
RIN: 2070-AC61
NPRM
08/26/99 64 FR 46771
3061. 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.
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, 7405M, Washington,
DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover,frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AB94
3062. 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33829
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
Supplemental NPRM 04/21/98 63 FR 19694
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
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. ep a.go v/fedrgstr/EP A-
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, 7405M, Washington,
DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AC76
3063. TEST RULE; CERTAIN HIGH
PRODUCTION VOLUME (HPV)
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611 to 12; 15 USC 2625 to 26
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,
which is described in 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 65 FR 81658
09/00/02
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, 7405M, Washington,
DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8102
Fax: 202 564-4765
Email: cronin.keith@epa.gov
RIN: 2070-AD16
3064. TEST RULE; IN VITRO DERMAL
ABSORPTION RATE TESTING OF
CERTAIN CHEMICALS OF INTEREST
TO THE OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is requiring
manufacturers (which is defined by
statute to include importers) and
processors of 38 chemical substances of
interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate testing. These
chemicals, and others, were designated
for in vitro dermal absorption rate
testing in the 31st, 32nd, and 35th
Reports of the TSCA section 4(e)
Interagency Testing Committee (ITC) to
the EPA. Each of the chemical
substances included in this proposed
rule is produced in an amount equal
to or greater than one million pounds
per year. In addition, each of the
chemicals in this proposed rule was
identified in the National Occupational
Exposure Survey (NOES) as having a
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33830
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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 OSHA 06/09/99 64 FR 31074
Chemicals Dermal
Testing (ITC List 31,
32&3S)
Final Action OSHA 06/00/02
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, 7405M, Washington,
DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8102
Fax: 202 564-4765
Email: cronin.keith@epa.gov
RIN: 2070-AD42
3065. 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 to 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
Data
FR Cite
NPRMAIkyl&Sulfonlc 06/11/86 51 FR21199
Acid & Ammonium
Salt (84-1056)
NPRM 1-Decanimlne- 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 Carboxy-
methyl-cellulose
Final Action Alkyl& 06/00/02
SulfonlcAcid&
Ammonium Salt (84-
1056)
Final Action 1- 10/00/02
Decanimine-N-
Decyl-N-Methyl-N-
Oxlde (86-566)
Final Action Aluminum 10/00/02
Cross-linked
Sodium Carboxy-
methyl-cellulose
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epa.gov
RIN: 2070-AA59
3066. 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 (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to-limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date
FR Cite
NPRM Batch SNUR: 05/27/93 58 FR 30744
84-660/-704&84-
105/-106/-107&85-
433
NPRM Aromatic 06/06/94 59 FR 29255
Amino Ether (P90-
1840)
NPRM Alkenyl Ether 12/19/94 59 FR 65289
ofAlkanetriol
Polymer (93-458)
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33831
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Action
Date FR Cite
09/09/98 63 FR 48157
NPRM Certain 06/26/97 62 FR 34421
Chemical
Substances (91-
1299/95-166791-
129891-1297
NPRM Certain
Chemical
Substances
Final Action Batch 05/00/02
SNUR: 84-660/-704
&84-105/-106/-107
& 85-433
Final Action Certain 05/00/02
Chemical
Substances (91-
1299/95-166791-
129891-1297
Final Action Aromatic 05/00/02
Amino Ether (P90-
1840)
Final Action Alkenyl 05/00/02
Ether of Alkanetriol
Polymer (93-458)
Final Action Certain 08/00/02
Chemical
Substances
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epa.gov
RIN: 2070-AB27
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:
Action
3067. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Date FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: 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
3068. SIGNIFICANT NEW USE RULE;
PERFLUOROALKYL SULFONATES
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 (TSCA) covering certain
perfluoroalkyl sulfonates. 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 10/18/00 65 FR 62319
Notice of Extension of 11/21/00 65 FR 69889
Comment Period
Notice of Public 02/23/01 66 FR 11243
Meeting on
Proposed Rule
Supplemental NPRM 03/11/02 67 FR 11014
Supplemental
Proposed Rule
Final Action for Certain 03/11/02 67 FR 11008
Uses in the
Proposal
Final Action for 10/00/02
Remaining Uses in
Proposal
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, 7405M, Washington,
DC 20460
Phone: 202 564-8104
Fax: 202 564-4775
Email: dominiak.mary@epa.gov
Barbara Leczynski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-4770
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov
RIN: 2070-AD43
3069. ACRYLAMIDE AND N-
METHYLOLACRYLAMIDE GROUTS:
WITHDRAWAL OF PROPOSED BAN
Priority: Substantive, Nonsignificant
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 to prohibit the
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33832
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
manufacture, importation, distribution
and use of acrylamide and NMA grouts
based on the unreasonable risk to
workers who apply these grouts. Since
that time, personal protective
equipment that can provide adequate
protection to workers has become
available. EPA now believes that it may
not be necessary to prohibit the use of
these grouts to protect the health of
grouters.
Timetable:
Action
Date FR Cite
NPRM
Notice Reopening
Record for
Comments on
Durability of NMA
Final Action
10/02/91 56 FR 49863
02/28/96 61 FR7454
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2779
Sectors Affected: 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, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@epa.gov
Charles Auer, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 564-4760
Fax: 202 564-4765
Email: auer.charles@epa.gov
RIN: 2070-AC17
3070. LEAD; REGULATORY
INVESTIGATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
TO REDUCE LEAD (PB)
CONSUMPTION AND USE
Priority: Other Significant
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: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-7873
Fax: 202 260-0770
Email: simpson.julie@epa.gov
RIN: 2070-AC21
3071. 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
Final Action 37th ITC
List
Final Action 38th ITC
List
Final Action 38th ITC
List - Stay
Final Action 38th ITC
List-Stay/Technical
Amendments
Final Action 38th ITC
List - Revocation
Final Action 39th ITC
List
Final Action 41st ITC
List
Final Action 42nd ITC
List
Final Action 47th ITC
List
Final Action 48th ITC
List
02/28/96 61 FR7421
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
01/11/00 65 FR 1548
01/11/00 65 FR 1548
07/05/00 65 FR 41371
07/24/00 65 FR 45535
07/26/01 66 FR 38955
05/00/02
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, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov
John R. Harris, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.johnr@epa.gov
RIN: 2070-AB08
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33833
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3072. 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
have been identified by- the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.
Timetable:
Action
Date FR Cite
10/29/96 61 FR 55871
12/11/96 61 FR 65186
01/07/98 63FR684
01/11/00 65 FR 1548
Final 38th ITC List
Final 38th ITC List -
Stay
Final 38th ITC List -
Stay/Technical
Amendment
Final Action 38th ITC
List - Revocation
Final Action 39th, 41st 06/00/02
and 42nd ITC List
Final Action 47th ITC 10/00/02
List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.johnr@epa.gov
RIN: 2070-ABll
3073. 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 change certain
aspects of the 1978 TSCA section 8(e)
Policy Statement. The 1978 Policy
Statement describes the types of
information that EPA considers
reportable under section 8(e), the
substantial risk reporting provision of
TSCA, and describes the procedures for
reporting such information to EPA.
This clarification effort derives from a
review of the existing section 8(e)
guidance done in the context of
questions raised by companies
considering participating in the section
8(e) Compliance Audit Program (CAP).
As a result of this review, EPA
determined that parts of the 1978
Policy Statement concerning the
reportability of information on
widespread and previously
unsuspected distribution in
environmental media and emergency
incidents of environmental
contamination needed some refinement.
The subject Federal Register action
solicited comment on refined reporting
guidance concerning widespread and
previously unsuspected distribution in
environmental media and provides
additional circumstances where
information is not reportable because it
is considered known to the
Administrator. Finally, the notice
solicited comments on changes to the
section 8(e) reporting deadline and the
standards for claims of confidentiality
for information contained in a notice
of substantial risk under section 8(e).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/13/93 58 FR 37735
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3118
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Hefter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403M, Washington,
DC 20460
Phone: 202 564-7649
Fax: 202 564-7460
Email: hefter.richard@epa.gov
Terry O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403M, Washington, DC
20460
Phone: 202 564-7656
Fax: 202 564-7450
Email: obryan.terry@epa.gov
RIN: 2070-AC80
3074. 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 commencement of
lead-based paint abatement activities as
required by 40 CFR 745.227(e)(4). In
addition, this rule seeks to establish
provisions which would require
training programs accredited under 40
CFR 745.225 to notify the Agency
under the following conditions: 1) prior
to providing lead-based paint activities,
training, and 2) following completion
of lead-based paint activities courses.
These notification requirements are
necessary to provide EPA compliance ,
monitoring and enforcement personnel
with information necessary to track
compliance activity and to prioritize
inspections. This rule supports 40 CFR
part 745, subpart L to ensure that lead
abatement professionals who inspect,
assess and remove lead-based paint,
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
Action
Data FR Cite
NPRM
Final Action
01/22/01 66 FR 7207
05/00/02
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: 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
RIN: 2070-AD31
3075. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
Legal Authority: 15 USC 2601 to 2671;
42 USC 6901 to 6992
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements is
managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume
architectural components (e.g., doors
and windows) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances and the Office of Solid
Waste have initiated a joint rulemaking
to address the disposal of these
architectural components. This
rulemaking would develop disposal
standards for these components under
the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal standards for LBP
architectural components and identify
recycling and incineration activities
that would be controlled or prohibited.
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
lead-based paint debris which will be
subject to the new TSCA standards.
Timetable:
Action
Date
FR Cite
NPRM TSCA Proposal 12/18/98 63 FR 70189
Extension of Comment 02/12/99 64 FR 7159
Period
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3508
See also RCRA companion rule:
Temporary Suspension of Toxicity
Characteristic Rule for Specified Lead-
Based Paint Debris (SAN No.4263; RIN
2050-AE68),
NPRM-
http ://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm
Sectors Affected: 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; 233 Building,
Developing and General Contracting;
23321 Single Family Housing
Construction
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
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3076. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33835
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessment they will prepare. A peer
consultation process will be used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. The first
assessments developed for VCCEP are
expected to be received in mid 2002.
Timetable:
Action
Date
FR Cite
Notice Initiation of 08/26/99 64 FR 46673
Stakeholder
Process- Notice of
Public Meetings
Notice Cancellation of 01/13/00 65 FR 2163
Public Meeting
Notice Stakeholder 03/29/00 65 FR 16590
Involvement
Process - Notice of
Public Meeting
Notice Voluntary 12/26/00 65 FR 81700
Children's Chemical
Evaluation Program
- Pilot
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, 7405M, Washington,
DC 20460
Phone: 202 564-8171
Fax: 202 564-4765
Email: penberthy.ward@epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone:202564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
RIN: 2070-AC27
3077. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
sec 206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments.
Timetable:
Action
Model Plan
Interim Final
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
Federalism: Undetermined
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
3078. 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 Entities 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, 7405M, Washington,
DC 20460
Phone: 202 564-4780
Fax: 202 564-4765
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AC84
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33836
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified,Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3079. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE—BRIDGES AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: 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 & 03/00/04
Structures)
Final Action (Buildings 10/00/05
& Structures)
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
Agency Contact: Joel Wolf,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 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
3080. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/03
12/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3557
Sectors Affected: 23321 Single Family
Housing Construction; 23322
Multifamily Housing Construction;
23521 Painting and Wall Covering
Contractors; 23551 Carpentry
Contractors; 23599 All Other Special
Trade Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
531311 Residential Property Managers;
54138 Testing Laboratories
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 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
RIN: 2070-AC83
3081. 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
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33837
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Inventory (TRI). This Initiative will
involve several separate activities, with
any regulatory-related actions included
as separate entries in the Regulatory
Agenda.
Timetable:
Action
Date FR Cite
Notice Data Collection 12/26/00 65 FR 81686
and Development
on HPV Chemicals
Initiative Completed 06/00/05
HPV Data To Be
Received by
06/2005
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176
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, 7405M, Washington,
DC 20460
Phone: 202 564-4770
Fax: 202 564-4775
Email: leczynski.barbara@epa.gov
Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8176
Fax: 202 260-1096
Email: sheridan.diane@epa.gov
RIN: 2070-AD25
3082. DISPOSAL OF
POLYCHLORINATED BIPHENYLS:
IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2607 (TSCA
sec 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: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4597
Sectors Affected: 92 Public
Administration; 22 Utilities; 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)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Prerule Stage
3083. 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 an ore 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 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4392
Formerly listed as RIN 2070-AD41.
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Preruile Stage
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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3084. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8,1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11,1999.) 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 05/00/02
Final Action 12/00/03
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
3085. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHSS)
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 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3994
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-7987
Fax: 202 564-8444
Email: franklin.kathy@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
3086. 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 12/00/02
Final Action 12/00/03
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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33839
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
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: Steve Devito,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-6185
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
RIN: 2025-AA03
3087. 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:
Timetable:
Action
Date
FR Cite Action
Date
FR Cite
NPRM 12/00/02
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4265
Formerly listed as RIN 2070-AD39.
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: 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
3088. 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
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
NPRM 09/00/02
Final Action 09/00/03
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
3089. 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
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33840
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
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
12/00/02
12/00/03
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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3090. 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.
However, in the review of the petition,
EPA noticed that there was an error in
the setting of the threshold planning
quantity (TPOJ for IPDI, and proposed
to correct the error in the October 12,
1994 notice of proposed rulemaking.
The other modifications to the EHS list
were made final on May 7,1996;
however, the TPQ for IPDI was not
included in that final rule. The goal
is to finalize the TPQ for IPDI.
Timetable:
Action
Solid Waste and Emergency Response,
5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE43
3091. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: 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.
DateFR Cite Timetable:
Final Action 12/00/02
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,
Action
Date
FR Cite
Notice DBNPA 10/27/95 60 FR 54949
(Request To Delete)
Response-Chromium, 08/00/02
Antimony, Titanite
Petition
Final Response 11/00/02
DBNPA (Request
To Delete)
Final Action 11/00/02
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
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code ,10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products—
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
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-AAOO
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33841
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3092. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant, Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30, 1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A)-(C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action Date FR Cite
NPRM 01/12/94 59 FR 1788
Supplemental NPRM 12/00/03
Deferred Chemicals
Final Action Deferred 12/00/04
Chemicals
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3007
Formerly 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-AA01
3093. 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 09/25/91 56 FR 48475
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2847
Formerly listed as RIN 2070-AC24.
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844
Phone: 202 260-0420
Fax:202401-0237
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
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33842
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3094. LAND DISPOSAL
RESTRICTIONS; NOTICE OF DATA
AVAILABILITY: MERCURY
TREATABILITY STUDIES
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 bearing
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 affect long-term stability of the
treated wasteforms.
Timetable;
Action Date FR Cite
ANPRM 05/28/99 64 FR 28949
NoDA 10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4094
Sectors Affected: 3353 Electrical
Equipment Manufacturing; 3254
Pharmaceutical and Medicine
Manufacturing; 32551 Paint and
Coating Manufacturing; 325181 Alkalies
and Chlorine 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@epaigov
RIN: 2050-AE54
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3095. 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
PR 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 120460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE81
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33843
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3096. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES: NON-POWER
PRODUCERS AND MINEFILLING
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.
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
3097. 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 07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3989
Agency Contact: Kim Kirk] and,
Environmental Protection Agency,
-------
33844
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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
3098. 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 04/06/00 65 FR 18014
Information and
Data
NPRM 09/00/02
Regulatory Flexibility Analysis
Required: No
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
3099. RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PERMITS FOR
MUNICIPAL SOLID WASTE LANDFILL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258.4
Legal Deadline: None
Abstract: EPA is considering 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
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
NoDA Request for 04/06/00 65 FR 18014
Information and
Data
NPRM 05/00/02
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
3100. REGULATION OF HAZARDOUS
OIL-BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; ...
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is planning to
finalize revisions to the'RCRA solid
waste regulations to exclude oil-bearing
secondary materials, generated by the
petroleum refining industry and others,
from the definition of solid waste if the
materials are destined to be processed
in a gasification device manufacturing
synthesis gas fuel. We are 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
03/25/02 67 FR 13684
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33845
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Action
Date
FR Cite
NPRM Comment 06/24/02
Period End
Interim Final Rule 04/00/03
Effective
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
Rick Brandes, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov
RIN: 2050-AE78
3101. 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
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
FR Cite
NPRM
11/00/02
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: Kathy Blanton,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 605-0761
Fax: 703 605-0514
Email: blanton.kathy@epa.gov
RIN: 2050-AE51
3102. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND MERCURY-
CONTAINING EQUIPMENT: CHANGES
TO HAZARDOUS WASTE
REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: 40 CFR 261; 40 CFR 273
Legal Deadline: None
Abstract: This action will ultimately
revise the existing Federal hazardous
waste regulations to encourage
recycling and better management of
Cathode Ray Tubes (CRTs) by _
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.
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. 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
3103. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a); 6921;
6922; 6924; 6926
-------
33846
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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)(ivXAMB). 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
PR Cite
NPRM Revisions for 01/00/03
Wastewater
Treatment
Exemptions
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
Laura Burrell, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W
Phone: 703 308-0005
Fax: 703 308-0514
Email: burrell.laura@epa.gov
RIN: 2050-AE84
3104. • INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: Currently wastewater
treatment (WWT) sludges from
electroplating operations (waste code
F006) are identified as listed hazardous
wastes. EPA is considering proposing
changes to existing regulations
intended to encourage safe recycling
and management practices of this waste
stream. We are considering reducing
regulations for electroplating sludges
that are sufficiently high in metal(s)
and sufficiently low in other toxic
constituents to be recovered.
Timetable:
Action
Date
FR Cite
NPRM 03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4651
Agency Contact: Anita Cummings,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8303
Fax: 703 308-0514
Email: cummings.anita@epa.gov
RIN: 2050-AE97
3105. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANNE ARUNDEL
COUNTY MILLERSVILLE LANDFILL,
SEVERN, MARYLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Anne Arundel County
proposes to demonstrate that a
bioreactor with an alternative liner
system is as effective, or superior to
a bioreactor with the standard
composite liner currently allowed by
regulations. The main goal of this
project is to deliver superior
environmental performance (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.
Timetable:
Action
Date FR Cite
NPRM 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
RIN: 2090-AA25
3106. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements', including the
need for a storage permit by the cement
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33847
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date
FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 05/00/02
Final Action 10/00/02
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, 1807,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
David Pagan, 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)
Final Rule Stage
3107. 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 has proposed creating a
new type of general permit, called a
standardized permit, for facilities that
generate waste and routinely manage
the waste on-site in tanks, containers,
and containment buildings. Under the
standardized permit, facility owners
and operators would certify compliance
with generic design and operating
conditions set on a national basis. The
permitting agency would review the
certifications submitted by the facility
owners and operators. The permitting
agency would also be able to impose
additional site-specific terms and
conditions for corrective action or other
purposes, as called for by RCRA.
Ensuring compliance with the
standardized permit's terms and
conditions would occur during
inspection of the facility after the
permit has been issued. The
standardized permit should streamline
the permit process by allowing facilities
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. The
proposal raised issues for public
comment on how all facilities receiving
RCRA permits can satisfy RCRA
corrective action requirements under
appropriate alternative state cleanup
programs and on financial assurance
issues. The Agency is developing a
final rule addressing this topic.
Timetable:
Action
Date FR Cite
NPRM 10/12/01 66 FR 52192
Final Action 02/00/03
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: Jeff Gaines,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8655
Fax: 703 308-8609
Email: gaines.jeff@epa.gov
RIN: 2050-AE44
3108. 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.
Timetable:
Action
Date
FR Cite
Notice-Paper 06/08/98 63 FR 31214
Products Recovered
Materials Advisory
Notice
Notice-Recovered 06/08/98 63 FR31217
Materials Advisory
Notice I Update
NPRM (CPG3 and 08/26/98 63 FR 45558
RMAN 3)
Notice of Availability of 01/19/00 65FR3082
Final Document
Final Action (CPG3 01/19/00 65 FR 3069
and RMAN 3)
NPRM (CPG4 and 08/28/01 66 FR 45256
RMAN 4)
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33848
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda:
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Action
Date FR Cite
Final Action (CPG4 06/00/02
andRMAN4)
Regulatory Flexibility Analysis
Required: No
Small Entitles 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
3109. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6921(a) RCRA sec
3001 (b)
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, which
potentially contains hazardous
constituents such as lead, cadmium and
chromium. CKD 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 Clean
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 will be appropriate
for CKD waste management.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/20/99 64 FR 45631
03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3856
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: 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
Anthony Carrell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-0458
Fax: 703 308-8686
Email: carrell.anthony@epa.gov
RIN: 2050-AE34
3110. CRITERIA FOR
CLASSIFICATION OF SOLID WASTE
DISPOSAL FACILITIES AND
PRACTICES AND CRITERIA FOR
MUNICIPAL SOLID WASTE
LANDFILLS: DISPOSAL OF
RESIDENTIAL LEAD-BASED PAINT
WASTE
Priority: Substantive,; Nonsignificant
Legal Authority: 42 USC 6907(a)(3); 42
USC 6912(a); 42 USC 6944; 42 USC
6949a
CFR Citation: 40 CFR 257; 40 CFR 258
Legal Deadline: None
Abstract: To help accelerate the pace
of lead-based paint removal from
residences, and thereby reduce
exposure to children and adults from
the health risks associated with lead,
the Agency is expressly allowing
residential lead-based paint waste to be
disposed of in construction and
demolition landfills. The rule will
revise the definition of municipal solid
waste landfill (MSWLF) unit, and add
definitions of construction and
demolition landfill and residential lead-
based paint waste in the Criteria for
Classification of Solid Waste Disposal
Facilities and Practices (part 257) and
Criteria for Municipal Solid Waste
Landfills (part 258).
Timetable:
Action
NPRM
Direct Final Rule
Direct Final Rule
Withdrawn
Final Action
Date FR Cite
10/23/01 66 FR 53566
10/23/01 66 FR 53535
12/28/01 66 FR 67108
08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4525
Sectors Affected: 235 Special Trade
Contractors; 23599 All Other Special
Trade Contractors; 562212 Solid Waste
Landfill
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304, 5306W, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 308-8686
Email: nogas.sue@epa.gov
Paul Cassidy, Environmental Protection
Agency, Solid Waste and Emergency
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33849
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Response, 5306W, Washington, DC
20460
Phone: 703 308-7281
Fax: 703 308-8686
Email: cassidy.paul@epa.gov
RIN: 2050-AE86
3111. 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)-(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
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 within six miles of a public
airport and (2) industries involved in
constructing or establishing new
landfills within six miles of a public
airport.
Timetable:
Action Date FR Cite
Direct Final Rule
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal5
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
3112. 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(a); 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 government-wide goal
established by the Paperwork
Reduction Act (PRA).
In June 1999, EPA published a Notice
of Data Availability (NODA) in the
Federal Register (64 FR 32859) to seek
comment on a number of burden
reduction ideas. After reviewing the
comments received on the NODA, EPA
proposed to implement many of these
ideas. The proposal was designed to
eliminate duplicative and nonessential
paperwork.
The main ideas for the final rulemaking
are: (1) eliminating or modifying one-
third of the 334 RCRA-required notices
and reports that are sent by the
regulated community to states and EPA;
(2) eliminating the RCRA emergency
response training requirements that
overlap with the Occupational Safety
and Health Administration
requirements; (3) eliminating the need
for facilities to record personnel
descriptions; (4) decreasing the
owner/operator self-inspection
frequency of hazardous waste tanks to
weekly; (5) providing states and EPA
with the opportunity to lengthen
owner/operator self-inspection
frequencies on a case-by-case basis for
containers, containment buildings, and
tanks; (6) eliminating the Land Disposal
Restrictions generator waste
determinations, recycler notifications
and certifications, hazardous debris
notifications and characteristic waste
determinations, and streamlining the
characteristic waste notification
procedures; and (7) modifying the
groundwater monitoring requirements
for hazardous waste facilities.
Timetable:
Action
Date FR Cite
Notice of Data
Availability
NPRM
Final Action
06/18/99 64 FR 32859
01/17/02 67 FR 2518
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
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
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33850
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3113. REQUIREMENTS FOR ZINC
FERTILIZER MADE FROM RECYCLED
HAZARDOUS SECONDARY
MATERIALS
Priority: 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, July 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.
Timetable:
Action Data FR Cite
Final Action 07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entitles 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 Fagan,
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
RIN: 2050-AE69
3114. 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
changes passed by the OECD Council.
Existing waste lists may be restructured
to comply with the new OECD waste
lists. As such, previously existing waste
lists may be renamed according to
adopted OECD terminology. Shipments
of small waste amounts destined for
laboratory analysis may be exempted
from filing certain paperwork
requirements that are otherwise
required. A certificate of recovery may
be required upon final recovery of
wastes and timeframes for recovery
operations may be changed to reflect
the decisions made by the OECD
Council.
Timetable:
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
3115. PROJECT XL —. ORTHO-MCNEIL
PILOT PROJECT ALLOWING ON-SITE
TREATMENT OF LOW-LEVEL MIXED
WASTES WITHOUT RCRA PERMIT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This site-specific rulemaking
would allow Ortho-McNeil
Pharmaceutical to treat small volumes
of low-level mixed wastes on-site using
a bench-scale catalytic oxidizing
treatment unit. This treatment
effectively destroys the organic
component of the wastestream, yielding
a residual that is only a low-level
radioactive waste.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/24/01 66 FR 38395
07/00/02
Regulatory Flexibility Analysis!
Required: No
Small Entities Affected: No
Government Levels Affected: None
Action
Direct Final Rule 12/00/02
Revisions for
Transboundary
Shipments of
Hazardous Waste
Regulatory Flexibility Analysis
Required: No
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
Date FR Cite Additional Information: SAN No. 4439
Agency Contact: Mitch Kidwell,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1802, Washington, DC 20460
Phone: 202 260-8767
Fax: 202 401-6637
Email: perla.donna@epa.gov
RIN: 2090-AA14 •
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33851
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3116. 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 and King
George County Landfill and Recycling
Center. 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
Final Action
12/28/01 66 FR 67152
12/00/02
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)
Long-Term Actions
3117. 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 Paperwork 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 current 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 that
would use information technologies to
conduct the manifest process
electronically, thereby reducing
paperwork burden, and improving the
speed and accuracy of preparing,
transmitting, and recordkeeping the
manifest form. In addition, the Agency
intends to standardize further the
manifest form elements, and to specify
one format for the manifest that may
be used in all states. The Agency also
intends to announce standard
requirements for tracking rejected
wastes, container residues, and
international shipments of hazardous
wastes.
Timetable:
Action
Date
FR Cite
NPRM 05/22/01 66 FR 28240
Final Action 04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3147
Sectors Affected: 332 Fabricated Metal
Product Manufacturing; 482 Rail
Transportation; 483 Water
Transportation; 484 Truck
Transportation; 5622 Waste Treatment
and Disposal; 5621 Waste Collection;
331 Primary Metal Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
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
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
3118. 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
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33852
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda l
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 02/12/93 58 FR 8504
Final Action 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
3119. 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: None
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. 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 II
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
NPRM Dyes I
NPRM Dyes I!
(deferred wastes)
NPRM Dyes I Land
Disposal
Restrictions
NoDA Dyes I Notice of
Data Availability.
See Additional
Information.
NoDA Dyes II Notice
of Data Availability.
See Additional
Information.
Final Action Dyes I.
See Additional
Information.
Final Action Dyes II
(deferred wastes).
See Additional
Information.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal ' '7 -•'-•, :.. f ' -' l
Additional Information: SAN No. 3066
Judicial deadlines: Dyes II (deferred
wastes) NPRM: met deadline of
6/30/1999. Dyes I & II NODAs due by
12/22/94 59 FR 66072
07/23/99 64 FR 40192
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
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: Gwen DiPietro,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8285 '. .
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
Sue Slotnick, Environmental Protection
Agency, Solid'Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-0462
Fax: 703 308-0522
Email: slotnick.sue@epa.gov
RIN: 2050-AD80
3120. • REVISIONS TO THE
DEFINITION OF SOLID WASTE
Priority: Other Significant
Legal Authority: RCRA Section
1004(27); 42 USC 6903(27)
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: Under RCRA, to be a.
hazardous waste, a material must also
be a solid waste. EPA's framework for
determining whether a material is a
solid waste is based on what the
material is, and how it's managed (e.g.,
how it is used, reused, etc.). For
materials being recycled, RCRA
jurisdiction is complex and the history
of legal decisions related to the
definition of solid waste is extensive
(AMC I, API I, AMC II, ABR, API II,
etc.). In response to one of the most
recent decisions, the Association of
Battery Recyclers, v. EPA 208 F.3d
1047 (2000) (ABR), EPA has decided
to initiate development of a proposed
rule to revise the definition of solid
waste. We expect that the proposed
rule will be broad in scope and will
specifically address materials
undergoing reclamation. In the context
of reclamation, we plan 'to discuss
options for how to distinguish materials
that are discarded from'materials that
remain in use .in a continuous
industrial process and we anticipate
proposing a definition of continuous
industrial process. Generally, we
believe that removing the specter of
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33853
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
RCRA control where it is not necessary
can spur increased reuse and recycling
of hazardous waste, and will lead to
better resource conservation and
improved materials management
overall.
Timetable:
Action
Date FR Cite
NPRM
04/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4670
Agency Contact: Ingrid Rosencrantz,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 605-0709
Email: rosencrantz.ingrid@epa.gov
RIN: 2050-AE98
3121. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 6912(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 $19
million annually in public and private
costs. These regulatory amendments
would have no effect on local or tribal
governments.
Timetable:
Action
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51523
06/00/03
NPRM
NPRM
Notice of Data
Availability
Final Action 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
3122. 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
Additional Information: SAN No. 2647 CFR Citation: 40 CFR 268; 40 CFR 271
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
Coaling 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
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Legal Deadline: None
Abstract: On July 20, 2000, EPA
proposed revised treatment standards
for K088 wastes. Specifically, the
Agency proposed to lower the cyanide
treatment standard and reinstate a
treatment standard for fluoride
nonwastewaters based on a deionized
water leach test. Comments to the
proposed rule were significant and
suggest that there are significant
treatment issues yet to be resolved for
K088 waste. The Agency needs to
further assess the treatment universe for
K088 and is considered extending the
possible date of a final rule or to
investigate other strategies both
regulatory and non-regulatory to
facilitate recycling of spent aluminum
potliners.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/12/00 65 FR 42937
10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4233
Sectors Affected: 3334 Ventilation,
Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
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
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33854
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda ;
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
R1N: 2050-AE65
3123. 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: 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 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.
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 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasllrack
Final Action Cement 09/30/99 64 FR 52828
Kilns &LWAKS&
Incinerators (Final-
Phase I)
NPRM Boilers & Other 12/00/03
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,
1 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; 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
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
3124. 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 Il2; 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: Final,-Judicial, June
14, 2005.
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. A clarification rule
was proposed on July 3.J2001 (66 FR
35126). A final rule changed and
clarified a subset of the proposed
amendments to the finalPhase I rule
(February 14, 2002, 67 FR 6968). An
interim final rule was issued on
February 13, 2002 to establish
amendments to certain implementation
requirements (67 FR 6792). EPA will
promulgate final replacement standards
to replace the interim standards
promulgated on February 13, 2002.
Timetable:
Action
Date
FR Cite
Final MACT Fasttrack 06/19/98 63 FR 33782
Final Cement Cement 09/30/99 64 FR 52828
Kilns &LWAKS&
Incinerators (Final-
Phase I) . . . .
Parallel Proposal to 07/03/01 66 FR 35124
Direct Final Rule
NPRM-Phase1 Phase 07/03/01 66 FR 35126
I Amendments
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33855
EPA—Resource Conservation and Recovery Act (RCRA)
Action
Date
FR Cite
07/03/01 66 FR 35087
10/15/01 66 FR 52361
Direct Final Rule
Phase 1
Amendments
Direct Final Rule
Partial Denial
Final (Good Cause) 11/29/01 66 FR 63313
Emergency
Extension of
Compliance Date
Final Action Extension 12/06/01 66 FR 63313
for Compliance
Interim Final Rule- 02/13/02 67 FR6791
Interim Standards
for Phase I
Amendments Final
Rule
Final Rule-Standards 02/14/02 67 FR 6967
forHAPsforHW
Combustors - Phase
I Amendments
NPRM 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4418
Split from RIN 2050-AE01.
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;
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; 3339 Other General
Purpose Machinery Manufacturing;
3341 Computer and Peripheral
Equipment Manufacturing; 3342
Long-Term Actions
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; 3255 Paint,
Coating, Adhesive, and Sealant
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; 3251 Basic Chemical
Manufacturing
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
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3125. AMENDMENTS TO THE
CORRECTIVE ACTION MANAGEMENT
UNIT RULE
Priority: Other Significant
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 271
Completed:
3126. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority: Other Significant
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
Reason
Date
FR Cite
Supplemental NPRM 11/20/01 66 FR 58085
Final Action 01/22/02 67 FR 2962
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Patricia Buzzell
Phone: 703 308-8632
Fax: 703 308-8617
Email: buzzell.tricia@epa.gov;
RIN: 2050-AE77 " . .
Direct Final Rule 10/03/01 66 FR 50332
Parallel NPRM 10/03/01 66 FR 50379
Notice-Extension of 12/03/01 66 FR 60153
Comment
Period/Delay of
Effective Date
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Tracy Atagi
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
Laura Burrell
Phone: 703 308-0005
Fax: 703 308-0514
Email: burrell.laura@epa.gov
RIN: 2050-AE07
3127. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 271;
40 CFR 302; 40 CFR 264; 40 CFR 265
Completed:
Reason
Date
FR Cite
Final Action 04/04/02 67 FR 16261
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Patricia Cohn
Phone: 703 308-8675
Fax: 703 308-8686
Email: cohn.patricia@epa.gov
Narendra Chaudhari
Phone: 703 308-0454
Fax: 703 308-0514
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33856
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agend
—Resource Conservation and Recovery Act (RCRA)
Completed Actions
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE32
3128. LISTING OF HAZARDOUS
WASTE; INORGANIC CHEMICAL
WASTES; LAND DISPOSAL
RESTRICTIONS FOR NEWLY LISTED
WASTES; CERCLA HAZARDOUS
SUBSTANCES REPORTABLE
QUANTITIES
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Completed:
Reason
Date
FR cite
Robert Kayser
Phone: 703 308-7304
Fax: 703 308-0522
Email: kayser.robert@epa.gov
RIN: 2050-AE49
3129. DEFINITION OF SOLID WASTE;
CODIFICATION OF MINERAL
PROCESSING VACATURE
(CLASSIFICATION OF BATTERY
RECYCLERS V. EPA) AND
DISCUSSION OF FUTURE PROPOSED
RULEMAKING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 261.2(c)(3); 40
CFR 261.4(aXl7)
Completed:
3130. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS •
PARALLEL PROPOSED RULE
Priority: Other Significant
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Completed:
Reason
Date
FR Cite
Final Action
11/20/01 66 FR 58258 Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Gwen DiPietro
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
Final Action 03/13/02 67 FR 11251
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Ingrid Rosencrantz
Phone: 703 605-0709
Email: rosencrantz.ingrid@epa.gov
RIN: 2050-AE94
Direct Final Rule 10/15/01 66 FR 52361
Partial Denial (See
2050-AE79)
Final Action (See 02/14/02 67 FR 6968
2050-AE79)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Rhonda Minnick
Phone: 703 308-8771 '-.
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE90
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule; Stage
3131. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1321 CWA sec
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
NPRM 10/22/91 56 FR 54612
NPRM 02/17/93 58 FR 8824
Supplemental NPRM 12/02/97 62 FR 63812
Final Action 05/00/02
Regulatory Flexibility Analysis
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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33857
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3132. 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 EPGRA; 2) Federal, State,
and local authorities for program
implementation; and 3) Federal, State,
or local authorities, if they release
hazardous substances at the RQ level
or greater.
Timetable:
Action Date FR Cite
NPRM
10/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423
Agency Contact: Frank Awisato,
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
3133. 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
3134. COOPERATIVE AGREEMENTS
AND SUPERFUND STATE
CONTRACTS FOR SUPERFUND
RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O is
the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian tribes, and
territories of the United States. Subpart
O covers State-lead, site-specific
cooperative agreements for non-time-
critical removal, preremedial, remedial,
and enforcement actions, and site-
specific management assistance for
federal-lead projects. Also covered by
subpart O are non-site-specific Gore'
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
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33858
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
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
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4177
Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
Stephen Caldwell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460 \
Phone: 703 603-8833 ;
Fax: 703 603-9104 ;
Email: caldwell.stepheri@epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3135. FINAL RULE TO CORRECT
TYPOGRAPHICAL ERRORS AND
REMOVE OBSOLETE LANGUAGE IN
40 CFR PART 302
Priority: Info./Admin./Other
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: (l)
typographical errors in the table of
CERCLA hazardous substances (Table
302.4 in 40 CFR 302.4); (2) definitions
made legally obsolete because of
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
I:R Cite
Direct Final Rule 07/00/02
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
3136. 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
Date
FR Cite
NPRM 24
Final Action 20
NPRM 25
03/06/98 63 FR 11340
03/06/98 63 FR 11332
07/28/98 63 FR 40247
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33859
EPA-Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
Action
Final Action 21
Final Action (Tex-Tin
Corp)
NPRM 26
Final Action 22
NPRM 27
Final Action 23
NPRM (Midnight Mine)
NPRM 28
NPRM (Almeda)
Final 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
NPRM
Aiabama/Malone
NPRM 34
Final Action 30
NPRM 35
NPRM 36
Final Action 31
NPRM 37
Final Action 32
NPRM
Date FR Cite
07/28/98 63 FR 401 82
09/18/98 63 FR 49855
09/29/98 63 FR 51 882
09/29/98 63 FR 51 848
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 461 31
07/27/00 65 FR 46096
08/24/00 65 FR 51567
12/01/00 65 FR 7521 5
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
02/26/02 67 FR 8836
Next Action Undetermined
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
3137. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under CERCLA. It is
necessary to develop evaluation criteria
because the Agency has the authority
under CERCLA 102(a) to designate
substances as hazardous; however, the
Agency does not have criteria to do so.
To date the only substances designated
as CERCLA hazardous substances are as
a result of their appearance on other
Acts' lists defined under CERCLA
101(14], Using CERCLA designation
criteria the Agency may establish
CERCLA hazardous substances
independently from other Acts, in the
interest of public health and the
environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102(a) hazardous substance. The
Agency already has the authority to
designate.substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
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 Walter Act (CWA)
Proposed Rule Stage
3138. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC 1321(d)(2);
CWA section 311(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 02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
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
3139. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 450
Legal Deadline: NPRM, Judicial, May
15, 2002.
Final, Judicial, March 31, 2004.
Abstract: The effluent guidelines 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 (BMPsJ. These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
Timetable:
Action
Date
FR Cite
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4280
For more information on the
construction and development rule visit
web site.,
NPRM- http://www.epa.gov/ost/guide/
construction
Sectors Affected: 233 Building,
Developing and General Contracting;
234 Heavy Construction
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epa.gov
Jesse Pritts, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epa.gov
RIN: 2040-AD42
3140. EFFLUENT GUIDELINES AND
STANDARDS FOR THE AQUATIC
ANIMAL PRODUCTION INDUSTRY
Priority: Other Significant
Legal Authority: CWA sec 301; CWA
sec 304; CWA sec 306; CWA sec 307;
CWA sec 308; CWA sec 318; CWA sec
402; CWA sec 501
CFR Citation: 40 CFR 451
pollutants, primarily.nutrients. This
action was formerly titled Aquaculture.
Timetable:
Action Date FR Cite
Legal Deadline: NPRM, Judicial, June
30, 2002.
Final, Judicial, June 30, 2004,
NPRM 05/00/02
Final Action 03/00/04
Regulatory Flexibility Analysis
Required: Yes
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
NPRM 06/00/02
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4406
Sectors Affected: 112511 Finfish
Farming and Fish Hatcheries; 112512
Shellfish Farming; 112519 Other
Animal Aquaculture
Agency Contact: Marta E. Jordan,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1049
Fax: 202 566-1053
Email: jordan.marta@epa.gov
Kristen Strellec, Environmental
Protection Agency, Water, 4303T,
, Washington, DC 20460 :
Phone: 202 566-1062 :
Fax: 202 566-1053
Email: strellec.kristen@epa.gov
RIN: 2040-AD55 :
3141. EFFLUENT GUIDELINES 2002
PROGRAM 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. This plan is sometimes referred
to as the 304(m) plan, based on one
relevant section of the Clean Water Act.
This proposed Effluent Guidelines
Program Plan describes the Agency's
ongoing effluent guidelines
development efforts and EPA's plans
for development of new or revised
effluent guidelines beginning in 2002
and 2003. In addition, this Plan
describes EPA's draft Strategy for
National Clean Water Industrial
Regulations which EPA plans to notice
in the near future. This document
provides background information on
national clean water industrial
regulations, describes the role these
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33861
EPA—Clean Water Act (CWA)
Proposed Rule Stage
regulations play in today's Clean Water
Program, and describes a process that
EPA proposes to use to develop future
biennial plans that identify industrial
categories for which EPA will develop
or revise national clean water
regulations.
Timetable:
Action Date FR Cite
States' water quality standards. EPA is
developing a proposed rule to
determine the appropriate use
designations for seven water bodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action Date FR Cite
NPRM 05/00/02
Final Action 08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4576
Agency Contact: Jan Matuszko,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1035
Fax: 202 566-1053
Email: matuszko.jan@epa.gov
Yu-Ting Guilaran, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1072
Fax: 202 566-1053
Email: guilaran.yu-ting@epa.gov
RIN: 2040-AD78
3142. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: NPRM, Judicial,
October 2002, See additional
information.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
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
NPRM 10/00/02
Final Action 05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Judicial NPRM: Consent decree
specifies that EPA will sign proposed
Federal replacement standards by
01/15/2002 unless EPA approves State
use designations.
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region 04, Atlanta, GA 30303
Phone: 404 562-9267
Cara Lally, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-0314
Fax: 202 260-9830
Email: lally.cara@epa.gov
RIN: 2040-AD35
3143. 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 12/00/02
Final Action 12/00/03
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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD52
3144. 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); CWA
304(h); 33 USC 1361(a); CWA 501(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 by EPA for analytes regulated in
the wastewater program as authorized
under the Clean Water Act (CWA) and
in the drinking water program under
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33862
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
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 denned 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 re-evaluate
the current MDL and quantification
approaches and assess alternative
approaches.
Timetable:
Action
NPRM
Final Action
Date
02/00/03
09/00/04
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4378
Agency Contact: Charles E. White,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1017
Fax: 202 566-1053
Email: white.charles-e@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD53
3145. 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 1314(h); CWA 304(h); 33 USC
1361(a); CWA 501 (a)
CFR Citation: 40 GFR 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 12/00/02
Final Action 12/00/03
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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053 '
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD71
3146. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA 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,
February 28, 2002.
Final, Judicial, Augusti28, 2003.
Abstract: This rulemaking affects, at a
minimum, existing electricity
generating facilities that employ cooling
water intake structures1 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 QT; 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.
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Federal Register /Vol. 67, No. 92/Monday, May 13, 2002-/Unified Agenda
33863
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM 04/09/02 67 FR 17122
NPRM Comment 07/08/02
Period End
Final Action 08/00/03
Regulatory Flexibility Analysis
Required: No
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: 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;
21 Mining
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1063
Fax: 202 566-1053
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
3147. 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 regulatory
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.
The Agency is also proposing a
regulatory framework for applying
NPDES permit conditions, including
applicable standard permit conditions,
to municipal satellite collection
systems. Municipal satellite collection
systems are sanitary sewers owned or
operated by a municipality that
conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/00/02
12/00/04
•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
Kevin DeBell, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0040
Fax: 202 564-6392
Email: debell.kevin@epa.gov
RIN: 2040-AD02
3148. OCEAN DISCHARGES CRITERIA
REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1343 et seq
CFR Citation: 40 CFRfi25a21,fa); £0
CFR 125.121(e); ,40 CFR 125.?2£; 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:
Action
Date
FR Cite
NPRM
Final Action
07/00/02
04/00/03
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33864
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4446
Sectors Affected: 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; 21111 Oil and Gas Extraction
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
James Woodley, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1287
Fax: 202 566-1546
Email: woodley.james@epa.gov
RIN: 2040-AD60
3149. 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, appendix 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
jurisdictional 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
Final Action
12/00/02
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, 4502T, Washington, DC 20460
Phone: 202 566-1367
Fax: 202 566-1375
Email: downing.donna@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502T,
Washington, DC 20460
Phone: 202 566-1364
Fax: 202 566-1375
Email: lishman.john@epa.gov
RIN: 2040-AB74
3150. • TOTAL MAXIMUM DAILY
LOAD (TMDL) PROGRAM REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1313
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule would amend
regulations governing the TMDL
program to ensure that it is effective,
allows for active participation by all
stakeholders includirig local
governments and communities. The
amendments will address: the scope
and content of the list of impaired
waters required by section 303(d) of the
Clean Water Act, the scope and content
of TMDLs, EPA's role in helping States
establish 303(d) lists and TMDLs so
that impaired waters are restored, and
the pace/schedule for establishing
TMDLs. '•.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
04>00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal ;
Additional Information: SAN No. 4623
Agency Contact: Christine Ruf,
Environmental Protection Agency,
Water, 4503T, Washington, DC 20460
Phone: 202 566-1220
Fax: 202 566-1333
Email: ruf.christine@epa.gov
Francois Brasier, Environmental
Protection Agency, Water, 4503T
Phone: 202 566-1214
Fax: 202 566-1333 \
Email: brasier.francoise@epa.gov
RIN: 2040-AD82
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
33865
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3151. 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
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 (Phase 1) 05/30/95 60 FR 28210
NPRM (Consolidated 01/03/01 66FR424
Phase 1 and 2)
NODA 05/00/02
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: Shad Barash,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-0996
Fax: 202 566-1053
Email: barash.shari@epa.gov
RIN: 2040-AB79
3152. 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 revising 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/27/00 65 FR 81963
05/00/02
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, 4303T, Washington, DC 20460
Phone: 202 566-1070
Fax: 202 566-1053
Email: jett.george@epa.gov
Yu-Ting Guilaran, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1072
Fax: 202 566-1053
Email: guilaran.yu-ting@epa.gov
RIN: 2040-AC90
3153. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REGULATION AND
EFFLUENT LIMITATIONS GUIDELINES
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, 2002,
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
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33866
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
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
NODA
Final Action
01/12/01 66 FR 2959
11/21/01 66 FR 58556
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4153
This rule was formerly known as
Effluent Guidelines and Standards for
Feedlots Point Source Category, and
NPDES Regulation for Concentrated
Animal Feeding Operations.
Sectors Affected: 11221 Hog and Pig
Fanning; 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, 4303T, Washington, DC 20460
Phone: 202 566-1076
Fax: 202 566-1053
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
3154. 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 CWA 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.
Timetable:
Action Date FR Cite
NPRM
Final Action
04/15/98 63 FR 18796
06/00/02
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, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD23
3155. TEST PROCEDURES FOR
ANALYSIS OF BIOLOGICAL
CONTAMINANTS UNDER CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361 CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve EPA Method 1622
and to approve microbiological
methods for monitoring ambient water
for the detection of Cryptosporidium,
Giardiai, E. coli and Enterococci in
ambient waters by filtration 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 apprpve test
procedures to be available for use by
testing laboratories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/01 66 FR 45811
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4047
Agency Contact: Robin K. Oshiro,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053 ;
Email: oshiro.robin@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08
3156. 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
501(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)
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Federal Register/Vol. 67, No. 92/Monday, May'13, 2002/Unified Agenda
33867
EPA—Clean Water Act (CWA)
Final Rule Stage
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
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 01/16/01 66 FR 3466
Notice of Withdrawal 05/15/01 66 FR 26795
of Direct Final Rule
Final Action 06/00/02
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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Khouane Ditthauong, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1068
Fax: 202 566-1053
Email: ditthauong.khouane@epa.gov
RIN: 2040-AD59
3157. 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
Final Action -
Technical
Correction
NPRM
Final Action
06/18/01 66 FR 32774
10/09/01 66 FR 51518
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4541.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Cynthia Simbanin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1073
Fax: 202 566-1053
Email: simbanin.cynthia@epa.gov
RIN: 2040-AD72
3158. RULE TO REVISE AND TO
RATIFY OR WITHDRAW WHOLE
EFFLUENT TOXICITY TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 13l4(h); 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, November 8, 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 method manuals, 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.
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33868
Federal Register/VoI. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
NPRM
Final Action
Date FR Cite
09/28/01 66 FR 49794
11/00/02
effect of the action will be limited to
changing the location of an otherwise
collected sample.
Timetable:
Timetable:
Action
NPRM
. Final Action
Date FR Cite
04/20/00 65 FR 21 292
05/00/02
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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.William@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1045
Fax: 202 566-1053
Email: kelly.marion@epa.gov
R1N: 2040-AD73
3159. 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
Action
Date
FR Cite
NPRM
Final Action
01/04/95 60FR419
07/00/02
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, 4502T, Washington, DC 20460
Phone: 202 566-1373
Fax: 202 566-1375
Email: goodin.john@epa.gov
RIN: 2040-AC14
3160. 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
U.S. 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
water body. 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 water
bodies, 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.
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, 4502T, Washington, DC 20460
Phone: 202 566-1368 ;
Fax: 202 566-1375
Email: mallory.brenda@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502T,
Washington, DC 20460
Phone: 202 566-1364 !
Fax: 202 566-1375
Email: lishman.john@epa.gov
RIN: 2040-AD51 \
3161. 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, October; 17, 2003.
Abstract: This rulemaking concerns
dioxin and dioxin-like compounds in
sewage sludge that is applied to the
land. Section 405 of the Clean Water
Act (CWA) requires EPA to promulgate
regulations providing guidelines for the
use and disposal of sewage sludge,
including numeric standards for toxic
pollutants which may adversely affect
human health and the environment and
management practices. EPA
promulgated the first round of
regulations, which set standards for
toxic pollutants in sewage sludge for
which information was 'available and
management practices for land
application, surface disposal and
incineration of sewage sludge (58 FR
9248, Feb. 19, 1993). EPA proposed the
second round of regulations, for other
toxic pollutants not regulated in the
first round, in December 1999 (64 FR
72045, Dec. 23, 1999). The proposed
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33869
EPA—Clean Water Act (CWA)
Final Rule Stage
rule would establish a limit of 300
nanograms of TEQ dioxins per kilogram
of dry sewage sludge for land
application along with monitoring
requirements. The proposal also
proposed to take no regulatory action
with respect to dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator. EPA signed a final
notice of its determination not to
further regulate for dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator, and stated that final
action on the proposal to amend the
land application rule will be published
separately at a later date (66 FR 66228,
Dec. 21, 2001). The deadline for taking
final action on the land application rule
is subject to a consent decree deadline
of October 17, 2003.
Timetable:
Action
Action
Date
FR Cite
NPRM 12/23/99 64 FR 72045
Final Notice-No 12/21/01 66 FR 66228
Further Regulation
Required for
Surface Disposal
and Incineration
Notice of Data 05/00/02
Availability - Land
Application
Final Action - Land 10/00/03
Application
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3488
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4.304.T, Washington, DC 20460
Phone: 202 566-1125
Fax: 202 566-1330
Email: rubin.alan@epa.gov
Alan B. Hais, Environmental Protection
Agency, Water, 4304T, Washington, DC
20460
Phone: 202 566-1106
Fax: 202 566-1139
Email: hais.alan@epa.gov
RIN: 2040-AC25
3162. CLEAN WATER STATE Timetable:
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1383(h)
CFR Citation: 40 CFR 35.3125(b)(l)
Legal Deadline: None
Abstract: This regulation will revise
the Clean Water State Revolving Fund
(CWSRF) Regulations to allow the use
of loans from the non-Federal and non-
State match share of CWSRF funds as
a match for infrastructure grants. In
1990, EPA issued regulations
implementing the CWSRF program,
established as Title VI of the Clean
Water Act (CWA) in 1987. Section
603 (h) of the CWA prohibits use of the
CWSRF loan as matching funds with
respect to the non-Federal share of the
cost of a treatment works project for
which a municipality ,or agency is
receiving assistance from the
Administrator under any other
authority. In issuing its regulations at
40 CFR 35.3125(b)(l), EPA interpreted
this prohibition broadly, applying the
restriction to all treatment works
construction. At that time, EPA
believed the replacement of the
construction grants program authorized
by Title II of the CWA by the CWSRF
would result in a significant decrease
in the use of other Federal grant funds
for treatment works construction.
However, from FY 1995 onward,
Congress has authorized and
appropriated funds for infrastructure
construction grants in various
Appropriations Acts. There are
currently over 700 projects totaling over
$3.3 billion dollars. In several cases,
EPA has been asked to allow CWSRF
funds to be used as a match for these
grants; but 40 CFR 35.3125(b)(l)
prohibits such action. Upon
reconsideration, EPA has decided its
initial reading in 1990 was too broad,
and the intent of Congress was only
to prohibit use of CWSRF loans as a
match for Title II construction grants.
This action will revise the regulations
to allow a State, in its operation of the :
CWSRF, to permit a CWSRF loan for '
non-Title II infrastructure construction
grant projects to be used as a non-
Federal match in certain circumstances.
The prohibition on the use of CWSRF
as a match for a Title II construction
grant will continue.
Date
FR Cite
Direct Final Rule With 12/00/02
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
3163. • MODIFICATION TO
COMPETITIVE PROCESS USED BY
EPA FOR WATER QUALITY
COOPERATIVE AGREEMENTS AND
WETLAND PROGRAM DEVELOPMENT
GRANTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251sec 104
CFR Citation: 40 CFR 35.362; 40 CFR
35.382
Legal Deadline: None
Abstract: EPA is proposing to modify
40 CFR 35.362 and 35.382, which
provided that the Water Quality
Cooperative Agreements (WQGA) and
Wetland Program Development Grants
(WPDG) will be awarded through a
competitive process. The proposed
modification to section 35.362 would
provide Regions with the discretion to
allocate a portion of WQCA funds to
States in accordance with program
guidance instead of awarding funds
based on a competition among States.
The proposed modification to section
35.382 Would provide Regions with an
option of allocating WPDG funds to
States that meet established criteria.
The proposed changes would provide
State, interstate, and local agencies
greater flexibility in developing
comprehensive programs.
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EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4624 Donna An, Environmental Protection
Agency Contact: Barry Benroth,
Environmental Protection Agency,
Water, 4204M, Washington, DC 20460
Phone: 202 564-0672
Fax: 202 501-2397
Email: benroth.barry@epa.gov
Agency, Water, 4502T, Washington, DC
20460
Phone: 202 566-1384
Fax: 202 566-1349 I
Email: an.donna@epa.gov
RIN: 2040-AD83
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3164. EFFLUENT GUIDELINES AND
STANDARDS FOR 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 12/17/93 58 FR 66078
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles 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, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email: anderson.donaldf@epa.gov
RIN: 2040-AD10
3165. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17,1993, EPA
proposed revised effluent limitations,
guidelines and standards and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR Part 430). This action,
which OW refers to as Phase III of the
Cluster Rules, will respond to
comments and reflect new data. There
are five domestic mills in these two
subcategories. The final rule is
anticipated to set limits for adsorbable
organic halides (AOX), chemical
oxygen demand (COD), chloroform,
dioxin, furan, and 12 specific
chlorinated phenolics.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State |
Additional Information: SAN No. 4370
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053 i
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460 ,
Phone: 202 566-1044 \
Fax: 202 566-1053
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD49 '
3166. EFFLUENT GUIDELINES AND
STANDARDS FOR THEjMEAT AND
POULTRY PRODUCTS POINT
SOURCE CATEGORY (REVISIONS)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1361
CFR Citation: 40 CFR 432 (Revision)
Legal Deadline: NPRM, Judicial,
January 30, 2002.
Final, Judicial, December 31, 2003.
Abstract: The Agency has proposed
revisions to the effluent limitations
guidelines and standards for the Meat
and Poultry 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 these additional
effluent limitations. In particular, the
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33871
EPA—Clean Water Act (CWA)
Long-Term Actions
current regulations do not address
ammonia nitrogen for red meat
slaughterhouses/packinghouses
(Subparts A-D). Nutrients are a
significant remaining water quality
problem for impaired streams.
Revisions to the current regulations
also include effluent limitations for
poultry processing, which is not
currently covered by any effluent
guideline.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/25/02 67 FR 8582
12/00/03
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.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
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, 4303T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epa.gov
Carey Johnston, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epa.gov
RIN: 2040-AD56
3167. 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
Action
Date
FR Cite
NPRM
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: Yu-Ting Guilaran,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1072
Fax: 202 566-1053
Email: guilaran.yu-ting@epa.gov
RIN: 2040-AD57
3168. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131; 40 CFR
121.17 (New); 40 CFR 122.4
(Amended); 40 CFR 123.1 (Amended);
40 CFR 131.4 (Amended); 40 CFR
131.40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Legal Deadline: None
Abstract: EPA is considering proposing
a national rule containing core Federal
water quality standards (WQS) to
support tailored, site-specific decisions
for certain waters in Indian country
that do not have EPA-approved tribal
standards. EPA is contemplating this
rule as a first step towards ensuring
that the core Clean Water Act (CWA)
framework for protecting water quality
is in place for all such waters. The core
Federal water quality standards would
establish: use designations consistent
with CWA section 101(a) goals, cultural
and traditional, and other uses; water
quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a tribe) to affect pollution discharges
occurring upstream from tribal waters,
provide a basis for including water
quality based limitations or conditions
in permits or certifications for
discharges within Indian country; and
provide the basis for establishing Total
Maximum Daily Loads (TMDLs) for
Indian country waters. A Federal
promulgation would not prevent tribes
from developing their own standards.
The Office of Management and Budget
reviewed the proposal and returned it
to EPA on October 2, 2001, for further
consideration and analysis. EPA is
considering how to proceed.
Timetable:
Action
Date
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
3169. 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entitles 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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AC75
3170. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, permits the analyst
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax:202566-1053 ;
Email: telliard.william@epa.gov
Khouane Ditthavong, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1068 '
Fax: 202 566-1053 :
Email: ditthavong.khouane@epa.gov
RIN: 2040-AC92
3171. TEST PROCEDURES:
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] GWA 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 regulatory1 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
Regulatory Flexibility Analysis
Required: No
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
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EPA—Clean Water Act (CWA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WATER/1997/March/Day-
28/w7221.htm
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Khouane Ditthavong, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1068
Fax: 202 566-1053
Email: ditthavong.khouane@epa.gov
RIN: 2040-AC93
3172. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES Program unless the Regional
Administrator approves an alternative
procedure. EPA plans to segment the
rulemaking into two phases to
accommodate different amounts of data
for the long list of compounds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3155
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AC95
3173. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); CWA 304(h); 33 USC
1361(a); CWA 501(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
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09
3174. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR Part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
; National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES unless the Regional
Administrator approves an alternative
procedure. This rulemaking would
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33874
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
constitute the second of two segments
of rulemaking initially proposed as one
action.
Timetable:
Action
Date
FR cite
NPRM
Final Action
10/18/95 60 FR 53988
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles 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, 4303T, Washington, DC 20460
Phone: 202 566-1061
Fax: 202 566-1053
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD12
3175. 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 H 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 Stapleton,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1028
Fax: 202 566-1053
Email: stapleton.gregory@epa.gov
RIN: 2040-AD39
3176. 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.
Final, Judicial, December 15, 2004.
Abstract: This rulemaking affects, at a
minimum, existing facilities that use
cooling water intake structures, and
whose intake flow levels exceed a
minimum threshold EPA will
determine during this rulemaking. The
affected facilities include (1) electricity
generating facilities not covered by
Phase 2 regulations; (2) pulp and paper
manufacturing facilities; (3) chemicals
and allied products manufacturing
facilities; (4) petroleum1 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: 61131 ;Colleges,
Universities and Professibnal Schools;
21 Mining; 211111 Crude Petroleum
and Natural Gas Extraction; 211112
Natural Gas Liquid Extraction; 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
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33875
EPA—Clean Water Act (CWA)
Long-Term Actions
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
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1063
Fax: 202 566-1053
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
3177. 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
NPRM
Final Action
Date FR Cite
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: Jan Pickrel,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-7904
Fax: 202 564-64*31
Email: pickerel.jan@epa.gov
John Hopkins, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0743
Fax: 202 564-6399
Email: hopkins.john@epa.gov
RIN: 2040-AC58
3178. 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
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: Howard E. Rubin,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 564-2051
Fax: 202 564-9544
Email: rubin.howarde@epa.gov
Robert Wood, Environmental Protection
Agency, Water, 4203, Washington, DC
20460
Phone: 202 564-9545
Fax: 202 564-9544
Email: wood.robert@epa.gov
RIN: 2040-AC84
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33876
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3179. EFFLUENT GUIDELINES AND
STANDARDS FOR THE COAL MINING
POINT SOURCE CATEGORY
(REVISIONS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 434
Completed:
Reason
Date
FR Cite
3180. 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
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Completed:
Fax: 202 260-7185
Email: hart.debra@epa.gov
RIN: 2040-AC34
Final Action
01/23/02 67 FR 3370 Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Ron Jordan
Phone: 202 566-1003
Fax: 202 566-1053
Email: jordan.ronald@epa.gov
RIN: 2040-AD24
Final Action 12/18/01 66 FR 65256
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Deborah Nagle
Phone: 202 566-1063
Fax: 202 566-1053
Email: nagle.deborah@epa.gov
Debra Hart
Phone: 202 260-0905
3181. RECOGNITION AWARDS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 105 [New)
Completed:
Reason Date FR Cite
Direct Final Rule 02/08/02 67 FR 6137
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Maria Campbell
Phone: 202 564-0628
Fax: 202 501-2396 |
Email: campbell.mciria@epa.gov
RIN: 2040-AD44
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
3182. 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 (PBMs). EPA will
identify regulated contaminants, 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 rulemaking. 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 Protectiop Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5243 I
Fax: 202 564-3760 \
Email: saxena-jitendra@epa.gov
Dr. Richard Reding, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460 i
Phone: 202 564-4656
Fax: 202 564-3760
Email: reding.richard@epia.gov
RIN: 2040-AD31 \
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33877
EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
3183. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Other Significant
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
nonregulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first list, called
the Contaminant Candidate List (CCL),
was published in the Federal Register
on March 2, 1998 (63 FR 10274). When
establishing the 1998 CCL, EPA divided
the contaminants among three main
categories: (1) contaminants which are
priorities for additional research; (2)
contaminants which need additional
occurrence data; and (3) contaminants
which are priorities for consideration
for rulemaking. These contaminants are
collectively referred to as the
Regulatory Determination Priority
contaminants. In addition to publishing
the drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the CCL and
determine, by August 2001, whether to
regulate these contaminants with a
National Primary Drinking Water
Regulation (NPDWR). The Regulatory
Determination Priority category is the
list of contaminants from which the
Agency will determine whether or not
regulations are necessary. There are
currently nine contaminants that have
sufficient scientific information to make
regulatory determinations:
Acanthamoeba; Aldrin; Dieldrin;
Hexachlorobutadiene; Manganese;
Metribuzin; Naphthalene; Sodium; and
Sulfate. In order to 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 action is necessary.
Timetable:
Action
Date
FR Cite
Notice of Preliminary 05/00/02
Regulatory
Determinations
Notice of Final 09/00/02
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: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epa.gov
Tom Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov
RIN: 2040-AD61
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3184. • UNREGULATED
CONTAMINANT MONITORING
REGULATION: ANALYTICAL METHOD
FOR AEROMONAS. NATIONAL
PRIMARY AND SECONDARY
DRINKING WATER REGULATIONS:
ANALYTICAL METHODS FOR
CHEMICAL&MICROBIOLOGICAL
CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f; 42 USC
300g-l; 42 USC 300g-2; 42 USC 300g-
3; 42 USC 300g-4; 42 USC 300g-5; 42
USC 300g-6; 42 USC 300J-4; 42 USC
300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 141.40
Legal Deadline: None
Abstract: This action proposes the
analytical method and an associated
Minimum Reporting Level (MRL) for
the analysis of Aeromonas to support
the Unregulated Contaminant
Monitoring Regulation's List 2
monitoring of 120 large and 180 small
public water systems from January 1,
2003 through December 31, 2003. Only
these 300 systems must monitor for
Aeromonas. Additionally, EPA
proposes to approve EPA Method 515.4
to support previously required National
Primary Drinking Water Regulation
(NPDWR) compliance monitoring for
2,4-D (as acid, salts and esters), 2,4,5-
TP (Silvex), dinoseb,
pentachlorophenol, picloram and
dalapon, and EPA Method 531.2 to
support previously required NPDWR
monitoring for carbofuran and oxamyl.
Finally, EPA proposed to approve eight
additional industry developed
analytical methods to support
previously required NPDWR
compliance monitoring. These eight
methods include: a method for the
determination of atrazine, two methods
for the determination of cyanide, three
methods for the determination of total
coliforms, a method for the
determination of heterotrophic bacteria
and a method for the determination of
turbidity.
Timetable:
Action
.NPRM ;
NPRM Comment
Period End
Final Action
Date FR Cite
03/07/02 67 FR 10532
05/06/02
10/00/02
Regulatory Flexibility Analysis
Required: No
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33878
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002 / Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Small Entitles Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4638
Statutory Legal information: Further
implements final regulations issued in
August 1999 and January 2001.
Agency Contact: David J. Munch,
Environmental Protection Agency,
Water, MLK 140, Cincinnati, OH 45268
Phone: 513 569-7843
Fax: 513 569-7191
Email: munch.dave@epa.gov
Daniel Hautman, Environmental
Protection Agency, Water, MLK 140,
Cincinnati, OH 45268
Phone: 513 569-7274
Fax: 513 569-7191
Email: hautman.dan@epa.gov
RIN: 2040-AD81
3185. 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-8; 42 USC 300J-4; 42 USC
300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR9
Legal Deadline: None
Abstract: The Long Term 2 Enhanced
Surface Water Treatment Rule
(LT2ESWTR) will control risk from
microbial pathogens 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
NPRM
Final Action
Date
11/00/02
11/00/03
FR Cite
Regulatory Flexibility Analysis
Required: Yes
Small Entitles Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4341
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, Washington, DC 20460
Phone: 202 564-5281
Fax: 202 564-3767
Email: schmelling.dan@epa.gov
' Thomas Grubbs, Environmental
Protection Agency, Water, Washington,
DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
RIN: 2040-AD37
3186. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 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, July
14, 2003.
Abstract: This Regulation, along with
a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and jaddress
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 comriiittee of
stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules, and an Agreement in Principle
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33879
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
was signed in September 2000
outlining the proposed rule options.
Timetable:
Action
Date
FR Cite
NPRM 11/00/02
Final Action 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: Mary Manibusan,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 564-5265
Fax: 202 564-3758
Email: manibusan.mary@epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, Washington,
DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
RIN: 2040-AD38
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3187. 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,
November 2003, Before Stage 2
Disinfection Byproducts Rule.
Abstract: EPA has proposed a targeted
risk-based regulatory strategy for all
public water systems served by ground
water. The proposed requirements
provide a meaningful opportunity to
reduce public health risk associated
with the consumption of -waterborne
pathogens from fecal contamination for
a substantial number of people served
by ground water sources. The proposed
strategy addresses risks through a
multiple-barrier approach that relies on
five major components: periodic
sanitary surveys of ground water
systems requiring the evaluation of
eight elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
03/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2340
Statutory deadline for final: After
August 6,1999 but before the
Administrator promulgates a stage II
rulemaking for disinfection byproducts
(currently scheduled for November
2003).
NPRM-
http://www.epa.gov/safewater/gwr.html
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Crystal Rodgers,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5275
Fax: 202 564-3767
Email: rodgers.crystal@epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 4607M, Washington, DC
. 20460
Phone: 202 564-5257
Fax: 202 564-3767
Email: bone.tracy@epa.gov
RIN: 2040-AA97
3188. 6-YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 300f et 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 69
NPDWRs published prior to 1996. The
remaining NPDWRs published prior to
1996 (e.g., arsenic, radionuclides, most
microbiological NPDWRs) have been, or
are being, reviewed in the context of
recent or ongoing rulemakings. No new
- requirements will be imposed by .this
action. The purpose of the review is
to determine whether new data,
technology, or other factors exist that
justify revisions to existing NPDWRs.
The outcome of each review will be
a Federal Register notice making
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33880
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda;
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
available the results of the Agency's
review and a planned rulemaking
schedule for the regulations that the
Agency believes are appropriate
candidates for revision at that time.
EPA may decide that any of the
following need to be revised: maximum
contaminant level goals, maximum
contaminant levels, analytical methods,
monitoring, treatment, recordkeeping
and reporting requirements. EPA plans
extensive stakeholder outreach and
consultation in the development of the
protocol and throughout the review
process.
Timetable:
Action
Date
FR Cite
Notice of Preliminary 04/17/02 67 FR 19030
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, 4607M, Washington, DC 20460
Phone: 202 564-4884
Fax: 202 564-3760
Email: lebo\vich.judy@epa.gov
Wynne Miller, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: miller.wynne@epa.gov
RIN: 2040-AD67
3189. 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, on May 7, 2001, EPA
published a proposed determination
that existing Federal regulation of Class
V wells 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 has evaluated
the public comment received on the
proposed determination and will
publish a final determination by May
2002.
Timetable:
Action
Date
FR Cite
Notice of Proposed 05/07/01 66FR22971
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: 202 564-3880
Fax: 202 564-3756
Email: delehanty.robyn@epa.gov
Ryan McReynolds, Environmental
Protection Agency, Water, 4606
Phone: 202 564-3891
Fax: 202 564-3756
Email: mcreynolds.ryan@epa.gov
RIN: 2040-AD63
3190. 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
(DEHP). With respect ,to DEHA, the
proposed new wordirig 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 additipn, 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
Date
FR Cite
NPRM
Final Action
09/07/01 6(5 FR 46928
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4561
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Khanna Johnston,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 564-3842 !
Fax: 202 564-3755 :
Email: johnston.khanna@epa.gov
RIN: 2040-AD77
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33881
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3191. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et seq;
SDWA 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: NPRM, Statutory,
August 6, 1999.
Final, Statutory, November 2, 2000.
Other, Statutory, November 2, 2000,
Publish radon health risk reduction and
cost analysis.
Abstract: EPA proposed regulations for
radon in drinking water that would
provide flexibility in how to manage
the health risks from radon, in both
drinking water and in indoor air. States
and systems would be able to focus
their efforts on the highest radon risks
to the public - in indoor air - •while
reducing the highest risks from radon
in drinking water. The proposal was
based on the unique framework in the
1996 Safe Drinking Water Act (SDWA].
The proposed regulation would provide
two options to States and water systems
for reducing public health risks from
radon. Under the first option, States
may choose to develop enhanced State
programs to address the health risks
from indoor radon while water systems
reduce radon levels in drinking water
to at or below the higher, alternative
maximum contaminant level MCL
proposed at 4,000 pCi/L (picoCuries per
liter, a standard unit of radiation). EPA
is encouraging the States to adopt this
approach as the most cost-effective way
to achieve the greatest radon risk
reduction. If a State does not elect this
option, the second option would
require water systems in that State to
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.
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132,
Additional Information: SAN No. 2281
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Becky Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epa.gov
Dick Reding, Environmental Protection
Agency, Water, 460 7M, Washington, DC
20460
Phone: 202 564-4656
Fax: 202 564-3760
Email: reding.richard@epa.gov
RIN: 2040-AA94
3192. 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
Timetable:
Action
ANPRM
NPRM-Old
Notice
NPRM
Notice
Final Action
Date FR Cite
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59245
06/23/00 65 FR 391 13
09/00/03
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jim Taft,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4655
Fax: 202 564-3760
Email: taft.james@epa.gov
Karen Wirth, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epa.gov
RIN: 2040-AC13
3193. 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; 42 USC
300g-l-6; 42 USC 300J-4; 42 USC 300J-
9; 42 USC 300J-11; SDWA 1445(a)(6)
CFR Citation: 40 CFR 142.15
CFR Citation: 40 CFR 141; 40 CFR 142 Le9al Deadline: None
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
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.
Regulatory Flexibility Analysis
Required: Yes
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Timetable:
Action
NPRM
Final Action
Date
12/00/03
06/00/05
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
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33882
Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda;
EPA—Safe Drinking Water Act (SDWA)
Lopg-Terrn Actions
Small Entitles 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, 4606M, Washington, DC 20460
Phone: 202 564-3941
Fax: 202 564-3757
Email: job.charles@epa.gov
RIN: 2040-AD48
3194. 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 protect the public
welfare.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: James Taft,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4655
Fax: 202 564-3760
Email: taft.jamesl@epa.gov
RIN: 2040-AD54
3195. UPDATE OF STATE
UNDERGROUND INJECTION
CONTROL PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l;
SDWA Section 1422; 42 USC 300h-4;
SDWA Section 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 package's 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: Marib Salazar,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3894 ,
Fax: 202 564-3756
Email: salazar.mario@epa.gov
Bruce Kobelski, Environmental
Protection Agency, Wafer, 4606M,
Washington, DC 20460:
Phone: 202 564-3888
Fax: 202 564-3756 i
RIN: 2040-AD40 '
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3196. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG-TERM
1 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Other Significant
CFR Citation: 40 CFR 9 (Revision); 40
CFR 141; 40 CFR 142 (Revision)
Completed:
Reason
Date
FR Cite
Final Action
01/14/02 67 FR 1812
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Tom Grubbs
Phone: 202 564-5262 '
Fax: 202 564-3767 ;
Email: grubbs.thomas@6pa.gov
Patricia Hall ;
Phone: 202 564-5263 !
Fax: 202 564-3767
Email: hall.patricia@epa.gov
RIN: 2040-AD18 ;
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Unified Agenda
33883
EPA—Safe Drinking Water Act (SDWA)
Completed Actions
3197. • UNREGULATED
CONTAMINANT MONITORING
REGULATION FOR PUBLIC WATER
SYSTEMS: ESTABLISHMENT OF
REPORTING DATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f); 42 USC
300(gXl-5); 42 USC 300(jK4); 42 USC
300(j)(9); 42 USC 300(j)(ll)
CFR Citation: 40 CFR 141.35(c)
Legal Deadline: None
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to establish
criteria for a program to monitor
unregulated contaminants and to
publish a list of contaminants to be
monitored. In fulfillment of this
requirement, EPA published the
Revisions to the Unregulated
Contaminant Monitoring Regulations
(UCMR) for public water systems in
September 1999. The rule identified
three lists of contaminants and
established monitoring frequencies,
schedules and data entry procedures,
including the date by which
approximately 2,800 large public water
systems would need to begin reporting
of monitoring results to EPA. This
reporting date was changed by rule in
January 2001 because the EPA database
was not ready to receive the data. The
reporting date was again delayed by
rule in September 2001 to allow the
initial version of the database to be
completed and tested before operation.
The database has now been in
operation since October 1, 2001, and
has been receiving data from large
water systems. Today's rule would
merely establish a new reporting date
by which data resulting from
monitoring must be reported. Reporting
requirements for all subsequent
monitoring data continue to remain as
set forth in the original September 1999
rule.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Rule
03/12/02 67 FR 11071
03/12/02 67 FR 11043
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4630
Agency Contact: Charles Job,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3941
Fax: 202 564-3757
Email: job.charles@epa.gov
Jeffrey Bryan, Environmental Protection
Agency, Water, 4606M
Phone: 202 564-3942
Fax: 202 564-3757
Email: bryan.jeffrey@epa.gov
RIN: 2040-AD80
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Final Rule Stage
3198. 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. All indications are that this
regulation as proposed would have a
minimal economic impact. This
regulation is intended to 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
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 2820
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1272
Fax: 202 566-1546
Email: giordano.steven@epa.gov
James Woodley, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1287
Fax: 202 566-1546
Email: woodley.james@epa.gov
RIN: 2040-AB85
[FR Doc. 02-7670 Filed 05-10-02; 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 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 Unified Agenda in part II of this issue.
Small Businesses
Seq.
No.
2850
2892
2900
2915
2933
2975
3080
3096
3139
Title
EPA
NESHAP: Lime Manufacturing
Control of Emissions from Spark Ig-
nition Marine Vessels and High-
way Motorcycles
Control of Emissions of Air Pollution
from Nonroad Diesel Engines and
Fuel
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
Emissions from Nonroad Spark-Ig-
nition Engines and Standards for
Recreational Spark-Ignition En-
gines
NESHAP: Reinforced Plastic Com-
posites Production
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Standards for the Management of
Coal Combustion Wastes: Non-
Power Producers and Minefilling
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Seq.
No.
3140
3151
3153
3185
3187
3191
Title
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
National Pollutant Discharge Elimi-
nation System Permit Regulation
and Effluent Limitations Guide-
lines Standards for Concentrated
Animal Feeding Operations
(CAFOs)
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary Drinking Water
Regulations: Radon
Small Governmental Jurisdictions
Seq.
No.
3080
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Seq.
No.
3096
3185
3187
3191
Seq.
No.
3080
3096
3185
3187
Title
Standards for the Management of
Coal Combustion Wastes: Non-
Power Producers and Minefilling
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Groundwater Rule
National Primary; Drinking Water
Regulations: Radon
Small Organizations
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling
Standards for the Management of
Coal Combustion Wastes: Non-
Power Producers and Minefilling
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary', Drinking Water
Regulations: Groundwater Rule
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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 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 Unified
Agenda in part E of this issue.
Small Businesses
Seq.
No.
Seq.
No.
2803
2804
2806
2809
2810
2816
2822
2823
2825
2829
2830
2831
2833
2841
2842
2844
2847
Title
EPA
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Revisions to Acquisition Regulation
Concerning Conflict of Interest
Incrementally Funding Fixed Price
Contracts
Revision to EPAAR 1552.211-73,
Level of Effort
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Electronic Funds Transfer
Public Information and Confiden-
tiality Regulations
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
Operating Permits: Revisions (Part
70)
NESHAP: Plywood and Composite
Wood Products
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
National Emission Standards for
Hazardous Air Pollutants: Mis-
cellaneous Organic Chemical
Manufacturing and Miscellaneous
Coating Manufacturing
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
2849
2852
2853
2854
2858
2861
2862
2863
2864
2865
2867
2869
2873
2877
2878
2884
Title
Seq.
No.
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess Heaters
NESHAP: Metal Can Manufacturing
(Surface Coating) Industry
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Surface Coating of Auto-
mobiles and Light-Duty Trucks
NESHAP: Organic Liquids Distribu-
tion (Non-Gasoline)
NESHAP: Wood Building Products
(Surface Coating)
Protection of Stratospheric Ozone:
Reconsideration of Section 608
Sales Restriction
Metal Furniture (Surface Coating)
NESHAP
Plastic Parts and Products (Surface
Coating) NESHAP
NESHAP: Chromium Electroplating
Amendment
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP: Clay Ceramics Manufac-
turing
Control of Methyl Tertiary Butyl
Ether (MTBE)
Protection of Stratospheric Ozone:
Phaseout of
Chlorobromomethane (Halon
1011) Production and Consump-
tion
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
2893
2899
2905
2906
2910
2913
2916
2921
2923
2925
2926
2928
2929
2930
2931
2937
Title
NESHAP: Brick and Structural Clay
Products Manufacturing
Protection of Stratospheric Ozone:
Listing of Substitutes for Ozone-
Depleting Substances—N-
Propylbromide
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
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:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment to Include Substitute
Refrigerants :
Paper and Other Web Coating
NESHAP
Federal Implementation Plans for
Indian Reservations in Idaho, Or-
egon and Washington
NESHAP for Friction Products Man-
ufacturing
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Small Entities Index
Small Businesses—Cont.
Sea.
No.
Seq.
No.
Title
2939 Clarification to Existing Part 63
NESHAP Delegations' Provisions-
Work Practices
2941 Revisions to Part 97 Federal NOx
Budget Trading Program, Part 75
Emissions Monitoring Provisions,
Part 72 Permits Regulation Provi-
sions, and Part 78 Appeal Proce-
dures
2942 Federal Plan for Small Municipal
Waste Combustion Units
2952 NESHAP: Generic MACT Amend-
ments
2964 Review of Minor New Sources and
Modifications in Indian Country
2965 Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
2967 Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered In Major Source Determina-
tions
2969 NESHAP: Hydrochloric Acid Pro-
duction Industry
2976 NESHAP: Chromium Electroplating
Amendment
2978 NESHAP: Oil and Natural Gas Pro-
duction
2983 Federal Implementation Plan (FIP)
for the Billings/Laurel, Montana
Sulfur Dioxide (SO2) Area
2990 NESHAP for Flexible Polyurethane
Foam Fabrication Operations
2993 Electric Utility Steam Generating
Unit MACT Regulation
2997 NESHAP: Ethylene Oxide for Steri-
lization Facilities - Residual Risk
Standards
3000 NESHAP: Group II Polymers and
Resins - Residual Risk Standards
3002 NESHAP: Group IV Polymers and
Resins — Residual Risk Stand-
ards
3004 NESHAP: National Emission Stand-
ards for Marine Tank Vessel
Loading Operations—Residual
Risk Standard
3005 NESHAP: Perchloroethylene Dry
Cleaning Facilities Residual Risk
Standards
3007 NESHAP: Shipbuilding and Ship
Repair Surface Coating — Resid-
ual Risk Standards
3008 NESHAP: Wood Furniture Manufac-
turing Operations — Residual
Risk Standards
3009 NESHAP: Halogenated Solvent
Cleaning - Residual Risk Stand-
ards
Title
Seq.
No.
3010 NESHAP:Magnetic Tape Manufac-
turing Operations Residual Risk
Standard
3011 NESHAP: Printing and Publishing
Industry - Residual Risk Stand-
ards
3012 NESHAP: Petroleum Refineries —
Residual Risk Standards
3015 Protection of Stratospheric Ozone:
Reconsideration of the 610 Non-
essential Products Ban
3018 NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
3025 Protection of Stratospheric Ozone:
Allocation of Year 2002 Essential
Use Allowances
3030 Data Requirements for Pesticide
Registration; Toxicology, Expo-
sure and Residue Chemistry
3031 Endocrine Disruptor Screening Pro-
gram
3032 Procedures for the Pesticide Reg-
istration Review Program
3033 Data Requirements for Antimicrobial
Pesticide Registration
3035 Data Requirement for Pesticide
Registration; Environmental Fate
and Ecological Effects
3036 Data Requirements; Biochemical
and Microbial Pesticides
3038 Plant-Incorporated Protectants
(PIPs); Exemption for PIPs that
Act by Primarily Affecting the
Plant
3039 Pesticide Management and Dis-
posal; Standards for Pesticide
Containers and Containment
3041 Registration Requirements for Anti-
microbial Pesticide Products
3042 Pesticides; Tolerance Processing
Fees
3044 Plant-Incorporated Protectants (For-
merly Plant Pesticides)
Rulemakings
3045 Plant-Incorporated Protectants
(PIPs); Exemption for those
Based on Viral Coat Proteins
3046 Pesticide Management and Dis-
posal
3048 Plant-Incorporated Protectants
(PIPs); Exemption for Those De-
rived Through Genetic Engineer-
ing From Sexually Compatible
Plants
3050 Testing Agreement for Certain
Oxygenated Fuel Additives
3051 Test Rule; Certain Chemicals on
the ATSDR Priority List of Haz-
ardous Substances
3052 Test Rule; Certain Metals
3053 Test Rule; Developmental and Re-
productive Toxicity
Title
3054 Follow-Up Rules on Existing Chemi-
cals ;
3055 Significant New Use Rule; Selected
Flame Retardant Chemical Sub-
stances for Use in Residential
Upholstered Furniture
3056 Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Proc-
essing, and Distribution in Com-
merce ;
3057 Polychlorinated Biphenyls (PCBs);
Use Authorizations
3058 TSCA Policy Statement on Over-
sight of Transgenic Organisms
(Including Plants)
3059 Amendment to th^ Premanufacture
Notification Exemptions; Revi-
sions of Exemptions for Polymers
3060 TSCA Inventory' Update Rule
Amendments -
3061 Test Rule; Generic Entry for ITC-
Related Testing Decisions
3062 Test Rule; Hazardous Air Pollutants
(HAPs)
3063 Test Rule; Certain High Production
Volume (HPV) Chemicals
3064 Test Rule; In Vitro! Dermal Absorp-
tion Rate Testing of Certain
Chemicals of Interest to the Oc-
cupational Safety and Health Ad-
ministration ;
3066 Significant New Us,e Rule (SNUR);
Chemical-Specific SNURs To Ex-
tend Provisions !of Section 5(e)
Orders
3067 Significant New Use Rule; Refrac-
tory Ceramic FibeVs
3068 Significant New! Use Rule;
Perfiuoroalkyl Sulfonates
3069 Acrylamide !and N-
methylolacrylamide Grouts: With-
drawal of Proposed Ban
3070 Lead; Regulatoryl Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
3071 TSCA Section 8(a) ^Preliminary As-
sessment Information Rules
3072 TSCA Section 8(d) Health and
Safety Data Reporting Rules
3073 TSCA Section 8(e) Policy; Notice of
Clarification !
3074 Lead; Notification Requirements for
Lead-Based Paint jAbatement Ac-
tivities and Training
3075 Lead; Management and Disposal of
Lead-Based Paint Debris
3076 Voluntary Children's Chemical Eval-
uation Program (VCCEP)
3077 Asbestos Model Accreditation Plan
Revisions ;
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Small Entities Index
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3078
3079
3081
3082
3087
3089
3091
3092
3093
3098
3099
3101
3104
3108
3109
3113
3119
3121
3125
Title
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—Bridges and Structures
Chemical Right-to-Know Initiative;
High Production Volume (HPV)
Chemicals
Disposal of Polychlorinated
Biphenyls: Implementation Issues
TR1; Revisions to the Otherwise-
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Clarify TRI Reporting Obligations
Under EPCRA Section 313 for
the Metal Mining Activities of Ex-
traction and Beneficiation
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
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
on Alternative Liners
Research, Development, and Dem-
onstration Permits for Municipal
Solid Waste Landfill
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Increase Metals Reclamation from
F006 Waste Streams
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Management of Cement Kiln Dust
(CKD)
Requirements for Zinc Fertilizer
Made From Recycled Hazardous
Secondary Materials
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)
Amendments to the Corrective Ac-
tion Management Unit Rule
3127
3128
3138
3146
3148
3149
3152
3155
3160
3164
3166
3167
3169
3170
3171
3172
Title
Seq.
No.
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 National Oil and
Hazardous Substances Pollution
Contingency Plan; Subpart J
Product Schedule Listing Re-
quirements
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
Ocean Discharges Criteria Revi-
sions
Clean Water Act Definition of Wa-
ters of the United States
Effluent Guidelines and Standards
for the Iron and Steel Manufac-
turing Point Source Category
(Revisions)
Test Procedures for Analysis of Bio-
logical Contaminants Under
Clean Water Act
Revision to Clean Water Act Regu-
latory Definition of Fill Material
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Effluent Guidelines and Standards
for the Meat and Poultry Products
Point Source Category (Revi-
sions)
Effluent Guidelines and Standards
for the Industrial Container and
Drum Cleaning Point Source Cat-
egory
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Test Procedures: Increased Method
Flexibility for Test Procedures Ap-
proved for Clean Water Act Com-
pliance Monitoring
Test Procedures: Performance-
Based Measurement System
(PBMS) Procedures and Guid-
ance for Clean Water Act Test
Procedures
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
3173
3174
3176
3177
3178
3180
3182
3186
3192
3193
3196
3198
Title
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
Streamlining the General
Pretreatment Regulations for Ex-
isting arid New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round III
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act, Phase 1
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Shore Protection Act, Section
4103(b) Regulations
Small Governmental Jurisdictions
Seq.
No.
2803
2810
2823
2831
2834
Title
EPA
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Operating Permits: Revisions (Part
70)
NESHAP: Municipal Solid Waste
Landfills
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Federal Register/Vol. 67, No. 92/Monday, May 13, 2002/Small Entities Index
Small Governmental Jurisdictions
mdash;Cont.
Seq
No.
Seq
No.
2841
284:
2847
2860
2873
2876
2878
2929
2942
2964
2965
2979
2988
2993
3054
3056
3057
3069
3074
3075
3077
Title
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
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
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 Are No Longer
Applicable in Northern Ada
County/Boise, Idaho
Electric Utility Steam Generating
Unit MACT Regulation
Follow-Up Rules on Existing Chemi-
cals
Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Proc-
essing, and Distribution in Com-
merce
Polychlorinated Biphenyls (PCBs);
Use Authorizations
Acrylamide and N-
methylolacrylamide Grouts: With-
drawal of Proposed Ban
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
3078
3079
3081
308:
3098
3099
3108
3134
3146
3147
3148
3149
3155
3160
3169
3170
3171
3172
Title
Seq.
No.
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—Bridges and Structures
Chemical Right-to-Know Initiative;
High Production Volume (HPV)
Chemicals
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
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
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
NPDES Permit Requirements for
Municipal Sanitary Sewer Collec-
tion Systems, Municipal Satellite
Collection Systems, and Sanitary
Sewer Overflows
Ocean Discharges Criteria Revi-
sions
:lean Water Act Definition of Wa-
ters of the United States
Test Procedures for Analysis of Bio-
logical Contaminants Under
Clean Water Act
Revision to Clean Water Act Regu-
latory Definition of Fill Material
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Test Procedures: Increased Method
Flexibility for Test Procedures Ap-
proved for Clean Water Act Com-
pliance Monitoring
"est Procedures: Performance-
Based Measurement System
(PBMS) Procedures and Guid-
ance for Clean Water Act Test
Procedures
'est Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
3173
3174
3176
3177
3178
3180
3182
3186
3192
3193
3196
3198
Title
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under,the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous ; Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact from Cojoling 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 i Sources of Pollu-
tion
NPDES Streamlining Rule —
Round III '
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures: at New Facilities
Under Section; 316(b) of the
Clean Water Act, Phase 1
Use of Screening Methods for Com-
pliance MonitoHng of Drinking
Water Contaminants
National Primary; Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
National Primary, Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary | Drinking Water
Regulations: Long-Term 1 En-
hanced Surface!Water Treatment
Rule
Shore Protectiorj Act, Section
4103(b) Regulations
Small Organizations
Seq.
No.
2803
2810
2825
2873
2979
Title
EPA
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica '•
Control of Methyl Tertiary Butyl
Ether (MTBE) i
NSPS and Emission Guidelines for
Other Solid Waste Incinerators
VarOato Mar<21>2002 14:39 May 09,2002 JkJ 000000 PO 00000 Frm 00004 Fmt1256 Sftnt1256 C:\DOCS\EPA0204C.TXT GSA1 PsN: RISC
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Federal Register/Vol. 67, No. 92/Monday. May 13, 2002 / Small Entities Index
Small Organizations—Cont.
Seq.
No.
Seq.
No.
3036
3038
3044
3045
3048
3057
3058
3074
Title
Data Requirements; Biochemical
and Microbial Pesticides
Plant-Incorporated Protectants
(PIPs); Exemption for PIPs that
Act by Primarily Affecting the
Plant
Plant-Incorporated Protectants (For-
merly Plant Pesticides)
Rulemakings
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
Polychlorinated Biphenyls (PCBs);
Use Authorizations
TSCA Policy Statement on Over-
sight of Transgenic Organisms
(Including Plants)
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
3075
3078
3079
3082
3155
3169
3170
3171
Title
Seq.
No.
Lead; Management and Disposal of
Lead-Based Paint Debris
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—Bridges and Structures
Disposal of Polychlorinated
Biphenyls: Implementation Issues t
Test Procedures for Analysis of Bio-
logical Contaminants Under
Clean Water Act
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Test Procedures: Increased Method
Flexibility for Test Procedures Ap-
proved for Clean Water Act Com-
pliance Monitoring
Test Procedures: Performance-
Based Measurement System
(PBMS) Procedures and Guid-
ance for Clean Water Act Test
Procedures
3172
3173
3174
3182
3186
3192
3193
3196
Title
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Use of Screening Methods for Com-
pliance Monitoring of Drinking
Water Contaminants
National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
VerDate Mar<21>2002 14:39 May 09,2002 Jkt 000000 PO 00000 Frm 00005 Fmt 1256 Sfmt1256 C:\DOCS\EPA0204C.TXT GSA1 PsN: RISC
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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 keeping with these efforts, agencies include m their
submissions for the Unified Agenda information on whether their regulatory actions have an effect on various
levels of government. See also Index E for entries that may have "federalism implications" as denned
in Executive Order 13132 entitled "Federalism" (August 4, 1999, 64 FR 43255). •
The following index lists the regulatory actions in this publication that agencies believe may have
effects on State, local, tribal, or Federal levels of government. The Sequence Number (Seq. No.) of the
entry identifies the location of the entry in this edition. For further information, see the Regulatory Information
Service Center's Introduction to the Unified Agenda in part II of this issue.
State Government
Seq.
No.
Seq.
No.
2803
2810
2811
2812
2821
2823
2828
2831
2838
2839
2850
2853
2854
2855
2863
Title
EPA
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Persistent, Bioaccumulative, and
Toxic (PBT) Pollutants Strategy
Regulatory Incentives for the Na-
tional Environmental Performance
Track Program
New Jersey Gold Track Project XL
Rule
Project XL Site Specific Rulemaking
for NASA White Sands Test Fa-
cility Electronic Reporting in Las
Cruces, New Mexico
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Accidental Release Prevention Re-
quirements: Risk Management
Programs Under the Clean Air
Act, Section 112(r)(7); Third Party
Audit Provisions
Operating Permits: Revisions (Part
70)
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
Performance Specification 16 -
Specifications and Test Proce-
dures for Predictive Emission
Monitoring Systems in Stationary
Sources
NESHAP: Lime Manufacturing
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Surface Coating of Auto-
mobiles and Light-Duty Trucks
NESHAP: Primary Magnesium Re-
fining
Metal Furniture (Surface Coating)
NESHAP
2866
2867
2868
2872
2874
2876
2878
2895
2900
2901
2904
2914
2915
2918
Title
Seq.
No.
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
NESHAP: Taconite Iron Ore Proc-
essing Industry
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
Implementation Rule for 8-hour
Ozone NAAQS
Control of Emissions of Air Pollution
from Nonroad Diesel Engines and
Fuel
New Source Review Routine Main-
tenance, Repair, and Replace-
ment
New Source Review (NSR) Im-
provement
NESHAP: Polyvinyl Chloride |