"Protectlisg huniaii health and the environment
is one of our nation's most important quests
and 1 thank you, for joining sis in this endeavor.'*

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                 Fall 2002 Regulatory
                Plan and Semiannual
                  Regulatory Agenda
  "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 Tbdd Whitman
                          United States
                   Environmental Protection Agency
                Office of Policy, Economics and Innovation
                         December 2002
                        EPA-230-Z-02-003
Front Cover Photo Courtesy of NASA

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 Regulatory Plan Contents
 Part 1: The Statement of Priorities


 Part 2: The 34 Actions Described in the Regulatory Plan

 Sequence     Title and Regulation Identification Number
 Number

 Prerules

 115   Pesticides;  Emergency Exemption Process Revisions 2070-AD36
 116   Endocrine Disrupter Screening Program; Priority Setting Criteria 2070-AD59
 117   Sustainable Futures; Voluntary Pilot Project Under the TSCA New Chemical Program
      2070-AD60
 118   Clean Water Act Definition of Waters of the United States 2040-AB74

 Proposed Rules

 119   NESHAP: Plywood and Composite Wood Products 2060-AG52
 120   NESHAP: Reciprocating Internal Combustion Engine 2060-AG63
 121   NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters 2060-AG69
 122   NESHAP: Surface Coating of Automobiles and Light-Duty Trucks 2060-AG99
 123   Transportation Conformity Amendments: Response to March 2, 1999, Court Decision 2060-
      AI56
 124   Control of Emissions from Spark Ignition Marine Vessels and Highway Motorcycles 2060-
      AJ90
 125   Implementation Rule for 8-hour Ozone NAAQS 2060-AJ99
 126   Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel 2060-AK27
 127   Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review
      (NSR): Routine Maintenance, Repair, and Replacement 2060-AK28
 128   Endocrine Disrupter Screening Program; Implementing the Screening and Testing Phase
      2070-AD61
 129  Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and
      Wipes 2050-AE51
 130   Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 2050-AE84
 131   Increase Metals Reclamation from F006 Waste Streams 2050-AE97
 132  Revisions to the Definition of Solid Waste 2050-AE98
 133  NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection
     Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak
      Excess Flow Treatment Facilities 2040-AD02
 134   National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water
     Treatment Rule 2040-AD37
135  National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-
     AD38
136  Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing
     Facilities Under Section 316(b) of the Clean Water Act, Phase 3 2040-AD70
137  Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions 2040-AD82
138  Withdrawal of Total Maximum Daily Load (TMDL) Program Revisions 2040-AD84

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The 34 Actions Described in the Regulatory Plan (continued)
Sequence
 Number
Title and Regulation Identification Number
Final Rules

139    Overview of Rulemakings for the Purpose of Reducing Interstate Ozone Transport 2060-
       AJ20
140    Control of Emissions of Air Pollution From New Marine Compression-Ignition Engines At
       or Above 30 Liters per Cylinder 2060-AJ98
141    Management of Cement Kiln Dust (CKD) 2050-AE34 Final Rule
142    Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
143    Office of Solid Waste Burden Reduction Project 2050-AE50
144    National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
145    Effluent Guidelines and Standards for the Metal Products and Machinery Category,
       Phases 1 and 2 2040-AB79
146    National Pollutant Discharge Elimination System Permit Regulation and Effluent
       Guidelines and Standards for Concentrated Animal Feeding Operations (CAFOs) 2040-
       AD19
147    Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at
       Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 2 2040-AD62
148    Cross-Media Electronic Reporting (ER) and Recordkeeping Rule 2025-AA07

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             Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan      74203
 ENVIRONMENTAL PROTECTION
 AGENCY (EPA)

 Statement of Priorities

 OVERVIEW
   Since 1970 the U.S. Environmental
 Protection Agency (EPA] has had the
 major Federal responsibility for
 protecting the quality of the American
 environment and controlling the effects
 of pollution on public health. EPA
 fulfills these responsibilities using a
 combination of tools, and over the past
 three decades EPA's actions have led to
 measurable improvements in air and
 water quality, significant reductions in
 solid and hazardous wastes, and
 limitations on the use of harmful
 pesticides.
   In the year ahead EPA will continue
 its regulatory and nonregulatory
 activities in order to further protect the
 Nation's air, water, and land from the
 harmful effects of pollution. In
 particular, the Agency will focus its
 attention on the President's Clear Skies
 Initiative, the protection of specific
 watersheds and the strengthening of
 urban economies through the enhanced
 cleanup of brownfields.
   But in one particular area EPA's
 responsibilities have changed
 substantially over the past year, and
 they -will continue to change in the year
 ahead. After the terrorist attacks of
 September 11, 2001, EPA — like the rest
 of the nation — reordered its priorities
 so that it could sharply increase the
 services it provides in terms of both
 preventing future terrorist attacks and
 cleaning up the effects of such attacks,
 should any occur in the future. The
 response to future terrorism and its
 potential effects on human health and
 environmental quality is now one of
 EPA's top priorities. This new priority
 is affecting the structure of EPA's
 programs, the Agency's budget, and its
 regulatory agenda.
  EPA also has made assistance to small
 businesses a top priority both in terms
 of the direct services it provides to those
 businesses and the consideration it
 gives them when developing
 regulations. The Agency is committed to
 fulfilling the President's pledge that
 "...we're going to do everything we can
 to clean up the regulatory burden on
 small businesses."
  EPA continues to give a high priority
to fresh thinking and innovation in its
 efforts to protect human health and the
 environment. Innovative methods of
achieving environmental goals are being
incorporated into EPA's regulations, and
they are an important part of the
 Agency's regulatory agenda in each of
 its program offices.
   Moreover, EPA's innovations extend
 beyond regulations and into a range of
 voluntary partnerships with industry,
 State governments, and local
 communities, partnerships that are
 leading to measurable environmental
 improvements. Although those
 partnerships often support activities
 that generate environmental benefits
 beyond those required by environmental
 regulations, many of them also result in
 more effective and less burdensome
 regulations. Like EPA's emphasis on
 innovation, partnerships involving
 individual facilities and whole
 industries cut across all of EPA's
 program offices.

 Water Infrastructure Security
   EPA's response to the terrorist attacks
 of September 11, 2001, and its
 subsequent homeland security efforts
 have not involved the need to
 promulgate new regulations.
   The responsibility and authority
 provided to the Agency with respect to
 certain public drinking water systems
 under the Public Health Security and
 Bioterrorism Response Act, signed into
 law on June 12, 2002, may require the
 promulgation of a codification rule or
 other regulation.

 Assistance to Small Businesses
   Because of the crucial role played by
 small businesses in sustaining the
 health of the national economy, EPA has
 undertaken several activities that make
 it easier for those businesses to
 understand and fulfill their
 environmental responsibilities. Those
 activities constitute a strategically
 important priority in EPA's regulatory
 agenda, and in many cases they provide
 assistance that goes beyond EPA's
 formal regulatory responsibilities, while
 encouraging small businesses to
 improve their environmental
 performance beyond what is required by
 regulation.
  In particular, the Small Business
 Regulatory Enforcement Fairness Act
 (SBREFA) amendments to the
Regulatory Flexibility Act (RFA) give
 small businesses the opportunity to
participate early in the development of
 certain regulations so that their special
needs are given full consideration. For
rules that may have a significant effect
 on small businesses, EPA solicits input
from those businesses and considers
alternatives that minimize adverse
impacts. All of EPA's activities under
SBREFA and RFA have a high priority
on the Agency's regulatory agenda.
   EPA also will encourage wider use of
 self-certification for small businesses, a
 system that is starting to become a
 reality in several states. Under this
 sector-based program, industrywide
 environmental performance standards
 are established with annual
 certifications of compliance. This
 system eases the regulatory burden on
 small businesses while improving and
 rewarding compliance with regulation.
 EPA's emphasis on small-business
 assistance extends to all of its program
 offices.

 Regulatory Innovation
   Innovation has been an important
 priority at EPA for the past several
 years, and it will be a priority into the
 future, because it has demonstrated its
 potential for improving environmental
 quality beyond what is possible with
 traditional regulations. As EPA develops
 its regulations, the Agency will continue
 to include economic incentives,
 compliance assistance, and other types
 of mechanisms that have proven capable
 of motivating better environmental
 performance by individuals,
 communities, businesses, and industry
 sectors. EPA also will support
 environmental technology innovation
 by ensuring that environmental
 regulations encourage and provide the
 flexibility for use of innovative
 technologies. Regulatory flexibility, cost
 reduction, information transfer, and
 technology development are all key
 parts of EPA's emphasis on regulatory
 innovation, and they will be evident in
 EPA's efforts to develop a number of
 regulations, including those related to
 Clear Skies.

 Voluntary Partnerships
  For the past several years EPA has
 placed a high priority on working as
 partners with both individual facilities
 and whole industries to help them
 improve their environmental
 performance. In many cases, these
 partnerships — such as Energy Star and
 Waste Wise — support industry efforts to
 reduce pollution in ways that are not
 required by Federal regulation. But
 voluntary partnerships between EPA
 and regulated businesses also are
 directly affecting the quality of the
 Agency's regulations. For example, by
 working closely with trade associations,
the Agency has been able to develop
regulations that meet environmental
goals while still being responsive to the
 special needs or circumstances of
particular industries. Because
EPA/private sector partnerships hold so
much potential for improving
regulations, they will continue to be a

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74204     Federal Register/Vol. 67, No.  236/Monday,  December  9, 2002/The Regulatory Plan
priority for the Agency's regulatory
agenda.
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
  EPA's Office of Air and Radiation
(OAR) remains committed to taking
advantage of the flexibility granted by
the Clean Air Act that enables
companies, States, and communities to
meet clean air goals with cost-effective
approaches. Consequently, this
flexibility is a major priority in OAR's
regulatory agenda for the coming year.
  In 1997 the Agency established new,
more stringent national ambient air
quality standards for ozone and
particulate matter (PM) based on new
scientific information indicating that
new standards were needed to protect
public health with an adequate margin
for safety. In 1999 a panel of the B.C.
Circuit Court, in a 2 to 1 decision, held
that the statutory provision authorizing
issuance of such standards constituted
an impermissible delegation of
authority, as interpreted by EPA, and
therefore was unconstitutional. On
appeal to the United States Supreme
Court, this decision was reversed in a
unanimous vote. On remand, the same
panel of the B.C. Circuit upheld all of
the challenged standards for PM and
ozone. The Agency now is working on
an implementation program for ozone to
respond to different aspects of the court
decisions. The Agency also  is
proceeding with the next legislatively
mandated review of the standards. In
addition, in response to a
recommendation from the Office of
Management and Budget's Office of
Information and Regulatory Affairs  ,
(OIRA), OAR is collaborating with OIRA
to identify specific types of health
research that would be useful in
enhancing OAR's ability to quantify the
health benefits from future reductions in
human exposure to particulate matter.
   To date, EPA's air toxics program has
focused primarily on reducing
emissions from large industrial sources
through technology-based standards.
Since 1990, the Agency has issued
standards affecting 77 different
industries, such as petroleum refineries
and chemical manufacturing plants.
When fully implemented, these
standards will reduce more than one
million tons of toxic air emissions per
year. Through other efforts such as
phasing lead out of gasoline, EPA also
has significantly reduced air toxics from
cars and trucks.
   OAR will continue to set technology-
based standards for large industries. The
rules listed in this year's regulatory plan
— covering industrial boilers,
institutional/commercial boilers, wood
manufacturing, reciprocating engines,
combustion turbines, and automobile
painting operations — are among the
most significant remaining categories to
be regulated under this program. While
working on these standards, OAR is
beginning to evaluate those sources with
standards already in place to determine
if the remaining.risk from those sources
warrants additional regulation.
  OAR also is implementing an Urban
Air Toxics Strategy, which focuses on
33 air toxics that pose the greatest risk
to the largest number of urban areas.
This strategy presents OAR's plan, both
nationally and locally, to reduce these
toxic emissions. Finally, to better
understand and measure risks from air
toxics, OAR is conducting important
health research while improving
emissions inventories, modeling
capability, and monitoring networks.
  To assist States in meeting clean air
goals, OAR is proceeding with Federal
programs aimed at achieving large, cost-
effective reductions in particulate
matter (PM) and ozone-forming nitrogen
oxide (NOX) emissions. OAR also is
working to develop a rule to control
emissions from off-road vehicles such as
construction equipment. In addition,
OAR is in the final stages of completing
a rulemaking to help States reduce
airborne ozone concentrations resulting
from the windblown transfer of NOX
emissions from the Midwest to the East
Coast.
   Of these actions, one supports
nominations of reform candidates in
public comments responding to OMB's .
2001 Report to the Congress on the costs
and Benefits of Regulations. This action
is the rulemaking entitled Review of the
National Ambient Air Quality Standards
for Particulate Matter, which supports
the nomination to revise this standard.
   Office of Water
   EPA's Office of Water (OW) has
established six regulatory priorities for
the coming year. They include rules
affecting cooling-water intakes,
industrial and municipal wastewater
pollution, concentrated animal feeding
operations (CAFOs), the Total
Maximum Baily Load (TMBL) program,
Clean Water Act (CWA) jurisdiction,
and drinking water.
   EPA intends to issue two rules to
minimize the adverse environmental
impacts associated with cooling-water
intakes. As the name implies, certain
industrial operations require large
volumes of water to be drawn in from
a surface water body in order to regulate
the operating temperature of equipment.
Given the makeup of the regulated
community, entities that own or operate
steam electric power plants would bear
most of the costs of these rules. The
expected benefits would be significant
reductions in aquatic organisms killed
or injured by impingement (being
pinned against screens or other parts of
a cooling-water intake structure) or
entrainment (being drawn into cooling
water systems  and subjected to thermal,
physical, or chemical stresses).
  EPA also will issue two regulations to
help control industrial and municipal
wastewater pollution. First, for the
metal products and machinery industry,
EPA expects to issue effluent limitations
to reduce the discharge of millions of
pounds of conventional and toxic
pollutants. These reductions would
achieve significant improvements in
water quality.  Second, EPA expects to
propose a rule to better control sanitary
sewer overflows (SSOs). EPA estimates
that about 60,000 SSOs discharge
untreated sewage to the environment
yearly, exposing the public to health
risks (primarily from pathogens in
untreated sewage). The proposed rule
would clarify the existing prohibition of
these overflows, improve public
notification and reporting, and provide
guidelines for  planning and managing
sewer systems. It also would ensure that
several thousand "satellite" sewer
collection systems are covered by
permit requirements.
   CAFOs present significant risks to
water quality through runoff from
animal feeding facilities and farmland
where manure has been spread. EPA
will revise existing regulations to better
control these risks. The revisions will
control the discharge and runoff of
excess nutrients and other pollutants
and, in turn, improve surface water
quality.
   EPA plans to propose to withdraw the
July 2000 TMDL program revisions and,
at the same time, to propose a rule
establishing a new framework for
accomplishing the water quality
planning and management provisions of
the Total Maximum Baily Load (TMBL)
program. EPA believes this framework,
based oh the watershed approach, will
allow more jurisdictions — i.e., States,
territories, and tribes — to use the
program to contribute more effectively
to improving the Nation's water quality.
The proposal recognizes that the major
responsibility for water quality
management resides with these
jurisdictions. The goal of the proposal is
to provide jurisdictions with a tailored

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            Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/The Regulatory Plan      74205
yet flexible approach to water quality
management that meets the unique
needs and situation of each jurisdiction
and of local communities, while
ensuring that progress is made towards
restoring the Nation's waters so they
attain and maintain water quality
standards. EPA's proposal revitalizes
and strengthens the Continuing
Planning Process (GPP) as a focus for a
variety of jurisdictions' water quality
planning and implementation activities.
The proposed new framework seeks to
increase TMDL program flexibility and
enhance stakeholder participation,
promote opportunities for trading, and
increase efficiencies in establishing,
approving, and implementing TMDLs.
  EPA intends to undertake joint
proposed rulemaking with the
Department of the Army to amend the
regulatory definition of waters subject to
the CWA. The existing regulations
contain language asserting jurisdiction
over isolated intrastate waters, but a
January 9, 2001, U.S. Supreme Court
opinion limits use of that regulatory
provision. The revisions of the
regulations will address the Court's
decision, improve regulatory clarity,
and provide more specificity regarding
the scope of CWA jurisdiction.
   Finally, EPA is developing three rules
to protect the safety of drinking water.
First, EPA is developing a proposed
Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) to reduce
risks from microbial pathogens,
especially Cryptosporidium, in public
water systems that use surface water
sources. LT2ESWTR provisions would
target systems where current standards
do not provide sufficient protection,
including both filtered systems with
elevated source water pathogen levels
 and also unfiltered systems. Second,
EPA plans to finalize the Ground Water
Rule, a rule that addresses fecal
 contamination in public water systems
 served by ground water sources. Finally,
 EPA is developing a proposed Stage 2
 Disinfectants and Disinfection
 Byproducts Rule to control exposure to
 disinfection byproducts beyond the
 requirements  of the Stage 1
 Disinfectants and Disinfection
 Byproducts Rule. This rule will respond
 to new data the Agency has received on
 disinfection byproduct occurrence and
 possible reproductive and
 developmental health  effects.
   Office of Prevention, Pesticides, and
 Toxic Substances
   The Food Quality Protection Act
 (FQPA) overhauled U.S. pesticides laws,
 enhancing protections related to
 pesticide residues in food by requiring
aggregate and cumulative risk
assessments, with a special emphasis on
children and infants. EPA is currently
working on the Pesticide Tolerance
Reassessment Program, a ten-year
program to reevaluate the safety of all
pesticide residues in food. Under this
program, EPA has completed
reassessment of two-thirds of the
tolerances for pesticide residues in
foods. Implementation of FQPA has
required an increase of the activities of
the Scientific Advisory Panel (SAP)
established under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). Significant risk-assessment
methodology issues continue to be
addressed by the SAP, including
drinking water assessment
methodologies, approaches for
conducting cumulative and aggregate
risk assessments, use of lOx safety
factors, and guidelines for assessing
protein plant pesticides. The SAP  also
jointly sponsored with the EPA Science
Advisory Board several meetings on   '
ethical considerations related to the
testing of human subjects, and the
Agency has asked the National
Academy of Science to evaluate the
ethics of testing human subjects.
   The Agency will be announcing
revisions to its pesticide emergency
exemption program, under which  States
and other Federal agencies may obtain
permission to temporarily use a
pesticide not in accordance with
registration requirements under
emergency conditions. In response to
State concerns, EPA already has
reduced the review time for emergency
exemptions significantly. Other changes
that EPA is considering have the
potential for further streamlining the
exemption program and allowing  more
flexibility.
   Evidence suggests that environmental
 exposure to manmade chemicals that
mimic hormones (endocrine disrupters)
 may cause adverse health effects in
 human and wildlife populations. FQPA
 directed EPA to develop a chemical
 screening program, using appropriate
 validated test systems and other
 scientifically relevant information, to
 determine whether certain substances
 may have hormonal effects in humans.
 In October 1996, EPA chartered a
 scientific advisory committee to advise
 it on establishing a program to carry out
 the legislated directive. The advisory
 committee recognized that there
 currently were no validated test systems
 for determining whether a chemical may
 have an effect in humans that is similar
 to an effect produced by naturally
 occurring hormones.
  EPA is in the process of developing
and validating the screens and tests that
the advisory committee recommended,
and designing a framework for
regulatory information. As part of this
process, EPA is developing priority-
setting criteria to be used by the Agency
to identify the initial list of chemicals
for which testing will be required. The
proposed criteria will be published in
the Federal Register in December 2002
for public comment. The final criteria
will be published in the Federal Register
approximately six months later.
  Bioengineering is on the cutting edge
of an emerging technology with new
and different products rapidly being
developed and introduced into
commerce. A Plant-Incorporated
Protectant (PIP) is a bioengineered
pesticidal substance produced and used
by the living plant to protect itself from
pests, typically insects, viruses, and
fungi. EPA regulates the domestic
manufacture, sale, and use of pesticides,
including PIPs, under FIFRA and
FFDCA to assure that any pesticide
residue in/on a food product is safe. The
Agency sets appropriate residue limits
and assures that there is no adverse
affect to the environment from the PIP.
   Through the voluntary High
Production Volume (HPV) Challenge
Program, certain international efforts,
and rulemaking under the Toxic
Substances Control Act (TSCA), basic
data related to the environmental fate
and potential hazards associated with
HPR chemicals, i.e., organic chemicals
manufactured (including imported) at or
above 1 million pounds per year, based
on information submitted under the
1990 Inventory Update Rule (TSCA)
will be collected or, where necessary,
developed. When combined with
information about exposure  and uses,
this data will allow the Agency and
others to evaluate and prioritize
potential health and environmental
effects and take appropriate  action.
   EPA received commitments from 357
 companies, individually or through 106
 consortia, and the International Council
 of Chemical Associations (ICCA) to
 sponsor 2,214 of the estimated 2,800
 HPV chemicals included in  the
 voluntary HPV Challenge Program.
   As an integrated approach for
 addressing the widespread problems
 associated with toxic pollutants that
 persist and bioaccumulate in the
 environment, EPA launched the
 Persistent, Bioaccumulative, and Toxic
 (PBT) pollutants program in November
 1998. The goal of the program is to  -
 further reduce risks to human health
 and the environment from existing and

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 74206     Federal Register/Vol, 67, No.  236/Monday, December 9, 2002/The Regulatory Plan
 future exposure to PBT pollutants such
 as mercury, PCBs, and dioxin through.
 the use of chemical- specific action
 plans. Through this program, the
 Agency is committed to create an
 enduring cross-office system that will
 address the cross-media issues
 associated with priority PBT pollutants.
   To encourage the application of
 pollution prevention principles during
 the development of new chemicals
 submitted as premanufacture notices
 (PMNs) under TSCA section 5, EPA has
 initiated a new and innovative
 voluntary pilot project entitled
 Sustainable Futures. The goal of this
 pilot project is to encourage pollution
 prevention and the development of
 inherently low-hazard chemicals. Also,
 the Agency seeks to gain additional data
 and experience regarding the pollution
 prevention, risk reduction, and source
 reduction benefits of use of hazard,
 exposure, and risk screening
 methodologies such as EPA's Pollution
 Prevention Framework in new product
 development efforts.
   Office of Solid Waste and Emergency
 Response
   The Office of Solid Waste and
 Emergency Response (OSWER) is
 planning regulatory actions to reduce
 risks to human health and the
 environment, reduce burden on the
 regulated community, encourage
 recycling and reuse, and standardize
 certain aspects of recordkeeping
 programs. All these actions will be
 taken under the Resource Conservation
 and Recovery Act (RCRA), the Federal
 law governing waste management.
  During the 1990s EPA determined
 that additional control is needed for
 cement kiln dust, a high-volume
 material byproduct of the cement
 manufacturing process that potentially
 contains hazardous constituents such as
 lead, cadmium and chromium. EPA is
 assessing regulatory approaches for
 waste management of cement kiln dust.
  EPA also is taking steps to encourage
recycling and reuse. EPA is considering
modifying RCRA rules that impact the
management of solvent-contaminated
shop towels and wipes.  This effort
would encourage pollution prevention.
and recycling of hazardous solvents,
make management standards more
consistent with the risks these materials
pose, and clarify existing Federal
policies regarding these materials.
  Under RCRA, wastewater treatment
sludge from electroplating operations is
listed as hazardous waste (waste code
F006). F006 represents one of the largest
hazardous waste streams amenable to
 recycling. EPA "is considering changes to
 the existing RCRA regulations to
 encourage safe recycling and
 management practices of wastewater
 treatment sludge from electroplating
 operations, and to reduce regulations
 applicable to electroplating sludge that
 is sufficiently high in metals and
 sufficiently low in other toxic
 constituents.
   Under RCRA, a hazardous waste is
 defined as 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 is
 managed. EPA is planning to revise the
 definition of solid waste, removing the
 necessity of RCRA control where it is
 unnecessary and thereby increasing
 reuse and recycling of hazardous waste,
 improving resource conservation, and
 improving materials management.
   To reduce regulatory burdens, EPA is
 considering adding four solvents to the
 hazardous-waste exemptions for
 mixtures of spent solvents (used
 solvents that are not fit for further use
 without being processed) in wastewater
 treatment plants; revising provisions,
 such as de minimis quantities and the
 definition of point of application of
 exemption; and clarifying the
 applicability of exemptions to
 incinerator scrubber water. This effort, if
 finalized, would allow more facilities to
 be eligible for regulatory exemptions
 and more wastes to be exempted from
 hazardous-waste regulation.
  To further reduce administrative
 burdens, efforts are underway to
 eliminate duplicative and nonessential
 paperwork imposed by RCRA reporting
 and recordkeeping requirements. This
 rule would have minimal impact on the
 protectiveness of RCRA regulations. It
 would eliminate or streamline
 paperwork requirements that are
 unnecessary because they add little to
 the protectiveness of RCRA regulations.
  EPA also plans to streamljne the
 permit process by creating a
 standardized permit for facilities that
 generate waste and routinely manage
 the waste on-site in tanks, containers,
 arid containment buildings. This
 standardized permit process would
 allow facilities to obtain and modify
 permits more easily, while maintaining
 the protectiveness currently existing in
 the individual RCRA permit process.
  Of these actions, two support
 nominations of reform candidates in
public comments responding to OMB's
 2001 Report to Congress on the Costs
and Benefits of Regulations. The
Revision of Wastewater Treatment
 Exemptions for Hazardous Waste
 Mixtures proposed rule supports the
 nomination to revise the Mixture and
 Derived-From final rule to exempt waste
 streams resulting from the treatment of
 hazardous wastes from RCRA subtitle C,
 unless those waste streams themselves
 exhibit a characteristic of hazardous
 wastes. This nomination received an
 OMB priority level of \ (high priority).
 This proposal is expected  to be
 published in January 2003.
   Likewise, the Revisions  to the
 Definition of Solid Waste proposed rule
 supports the nomination to revise the
 definition of solid waste to grant an
 exemption from RCRA for materials
 destined for recycling or reuse. This
 nomination received an OMB priority
 level of 2 (medium'priority). This
 proposal is expected to be  published in
 April 2003.
   Furthermore, one of OSWER's
 proposed actions, Modifications to
 RCRA Rules Associated with Solvent-
 Contaminated Shop Towels and Wipes
 proposed rule, may have small-business
 impacts. Initial analysis of options has
 found that some approaches may
 impose some costs on small business.
 The economic impacts are  expected to
 be minor, since the estimated
 incremental costs are small relative  to
 sales.

 Office of Environmental Information
   The  top regulatory priority of EPA's
 Office  of Environmental Information
 (OEI) will be the finalization of the
'Cross-Media Electronic Reporting and
 Record-Keeping Rule (CROMERRR).
 This rule will address electronic
 reporting by companies regulated under
 all of EPA's programs — air, water,
 pesticides, toxic substances, wastes, and
 emergency response. CROMERRR
 would remove existing regulatory
 obstacles to electronic reporting, and it
would set requirements for companies
 choosing to report electronically. In
addition, this rule would set the
conditions for allowing electronic
reporting under State, tribal, or local
environmental programs that operate
under EPA authorization.
  CROMERRR is intended to make
electronic reporting as^imple, efficient,
and cost effective as possible for
regulated companies, while ensuring
that a transition from paper to electronic
reporting does  not compromise EPA's
compliance and enforcement programs.
Consequently, the Agency's strategy is
to impose as few specific requirements
as possible, and to keep those
requirements neutral with respect to
technology, so the rule will pose no

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            Federal. Register/Vol.  67, No. 236/Monday, December 9, 2002/The Regulatory Plan     74207
obstacles to adopting new technologies
as they emerge.
  To ensure that authorized programs at
the State, tribal, and local levels meet
CROMERRR's goals, the rule would
specify a set of criteria that these
programs must satisfy as they initiate
electronic reporting or recordkeeping.
The final rule would specify a process
for certifying that these programs meet
the criteria. EPA is on schedule to
finalize CROMERRR by the third quarter
of FY 2003. In response to public
comment, a decision was made to focus
the final rule on electronic reporting
only, and to defer coverage of electronic
recordkeeping until a later time. Also in
response to comments, EPA currently is
exploring a streamlined process to
review State programs for electronic
reporting.
  Finally, in response to OMB's prompt
letter pertaining to EPA's progress in
implementing an integrated system of
reporting, EPA has made further
progress in implementing the Central
Data Exchange (CDX). CDX is on track
to provide electronic reporting services
for all significant environmental data
collections. All but one of the major
environmental data exchanges with
states will be operational through CDX
by the end of 2004. Also, for the first
time next year, Toxics Release Inventory
(TRI) reporters will be able to send and
view paperless reports using a form of
electronic authentication that will
substitute for a paper signature.

EPA ACTIONS OF SPECIAL INTEREST
TO SMALL BUSINESSES
  Many EPA regulations, and several
actions included in this Regulatory
Plan, are of substantial interest to small
businesses. Because small businesses
face special challenges in their efforts to
understand and comply  with
environmental regulations, EPA is
taking a number of actions across the
Agency to help small businesses fulfill
their environmental responsibilities.
The Agency's Small Business
Ombudsman provides one-stop
assistance to small businesses looking
for answers to environmental questions.
The Agency is involving small
businesses earlier in the regulatory
development process, and developing
alternative approaches — like self-
certification-— that work better for
small businesses. EPA is providing a
number of services, like compliance
assistance centers, disclosure
incentives; and a National Compliance
Assistance Clearinghouse, that help
small businesses better manage their
compliance efforts. Small businesses are
being rewarded for voluntary innovative
efforts and environmental leadership,
and EPA is investing in new
technologies and management tools that
small businesses can use in the future.
  Because EPA's regulations affect
many small businesses in many
different ways, the Agency is committed
to integrating and simplifying its
activities in ways that help small
businesses comply. In particular, EPA is
preparing a revised small business
strategy entitled Integrating EPA's Small
Business Activities: A Strategy to Meet
the Needs of Small Businesses. The
revised strategy reflects input received
over the past two years from a series of
interviews within EPA and with focus
groups, States, industry representatives,
and other interested stakeholders to
better understand the environmental
regulatory issues and obstacles facing
small businesses. In FY 2003, EPA will
implement the strategy's
recommendations to better integrate its
activities that support small businesses,
including how the Agency provides
technical assistance and  outreach,
develops regulations that minimize
burden, and simplifies participation in
EPA's voluntary programs.


EPA
          PRERULE STAGE
 115. PESTICIDES; EMERGENCY
 EXEMPTION PROCESS REVISIONS

 Priority:
 Other Significant

 Legal Authority:
 7 USC 136(p)

 CFR  Citation:
 40 CFR 166

 Legal Deadline:
 None

 Abstract:
 EPA  will publish a Federal Register
 notice to revise the pesticide emergency
 exemption process under section 18 of
 the Federal Insecticide, Fungicide and
 Rodenticide Act, based on recent
 recommendations from the States.
 Rulemaking will not be undertaken at
 this time because the revisions are to
 operational practices used to
 implement the program and are
 consistent with current regulations.
 Emergency  exemptions allow temporary
 use of a pesticide not in accordance
with registration requirements when
emergency conditions exist. EPA
identified a number of issues, which
have been refined through informal
discussions with States, user groups,
and other stakeholders.

Statement of Need:
In 1996, stakeholders, including States
and Federal agencies, identified a
number of issues related to improving
the emergency exemption process.
States and Federal agencies are the only
applicants for emergency exemptions.
Representatives of States have
recommended modifications to the
current process for application, review
and approval of emergency exemptions.
If adopted, the changes would reduce
unnecessary burden to both applicants
and EPA, expedite decisions on
applications (which is critical in
emergency situations) and potentially
reduce risk to human health and the
environment.

Summary of Legal Basis:
FIFRA section 18 authorizes EPA to
temporarily exempt States from the
requirements of registration to alleviate
an emergency condition.

Alternatives:
Several measures for streamlining or
improving the emergency exemption
process are being considered by the
Agency. EPA has analyzed these
measures and has received considerable
comment, both formally and informally,
from stakeholders, including specific
recommendations from a group
representing States' interests. Since the
modifications would generally
constitute regulatory relief, and are not
expected to cause any economic
impact, options with varying cost do
not apply.

Anticipated Cost and Benefits:
Because this action would provide
regulatory relief, no costs are
anticipated. Potential benefits include
the reduced burden and cost to  States
and Federal agencies that apply for
emergency exemptions, reduced burden
to EPA, and, some cases, reduced risk
to human health and the environment.
Indirect benefits may accrue to users
of pesticides under emergency
exemptions if changes result in faster
review and approval, or greater
availability of pesticides. No economic
assessment of costs and benefits has yet
been conducted.

Risks:
In general, the  measures being
considered are primarily intended to

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 74208      Federal  Register/Vol. 67, No. 236/Monday, December 9,  2002/The Regulatory Plan
 reduce burdens for States and EPA and
 achieve efficiencies in the program.
 There is potential risk reduction in
 reduced use of pesticides.
 Timetable:	
 Action              Date     PR Cite
 Notice
11/00/02
 Regulatory Flexibility Analysis
 Required:
 No

 Small Entities Affected:
 No

 Government Levels Affected:
 Federal, State

 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
 R1N: 2070-AD36

 EPA

 116. • ENDOCRINE DISRUPTOR
 SCREENING PROGRAM; PRIORITY
 SETTING CRITERIA

 Priority:
 Other Significant

 Legal Authority:
 15 USC 2603 TSCA; 21 USC 346(a)
FFDCA; 42 USC 300(a)(17) SDWA; 7
USC 136 FIFRA

 CFR Citation:
Not Yet Determined

 Legal Deadline:
None
 Abstract:
 EPA published a proposed policy
 statement in the Federal Register setting
 forth the Endocrine Disrupter Screening
 Program on December 28, 1998. In that
 FR Notice, the Agency described the
 major elements that the Program had
 developed to comply with the
 requirements of FFDCA section 408 (p)
 as amended by FQPA. One of those
 elements is Priority Setting which was
 defined as the collection, evaluation,
 and analysis of relevant information to
 determine the general order in which
 chemical substances and  mixtures will
 be subjected to screening and testing.
 Under this current action, EPA is
 developing priority setting criteria to be
 used by the Agency to identify the
 initial  list of chemicals for which Tier
 1 testing will be required.

 Statement of Need:
 The Endocrine Disrupter  Screening
 Program fulfills the statutory direction
 and authority to screen pesticide
 chemicals and drinking water
 contaminants for their potential to
 disrupt the endocrine system and
 adversely affect human health.

 Summary of Legal Basis:
 The mandate to screen pesticide
 chemicals for estrogenic effects that
 may affect human health  is the Federal
 Food, Drug and Cosmetic Act (FFDCA)
 as amended in the Food Quality
 Protection Act (21 U.S.C.  346a(p)).
 FFDCA also provides EPA authority to
 require testing of substances that may
 have an effect that is cumulative to that
 of a pesticide chemical. Discretionary
 authority to test contaminants in
 sources of drinking water is in the Safe
 Drinking Water Act as amended in
 1996 (42 U.S.C. 300J-17).  General
 authority to test chemicals and
 pesticides is in TSCA (15  U.S.C. 2603)
 and FIFRA (7 U.S.C. 136), respectively.

 Alternatives:
 A Federal role is mandated under cited
 authority.  There is no alternative to role
 of the Federal Government on this issue
 to ensure that pesticides,  commercial
 chemicals and contaminants are
 screened and tested for endocrine
 disruption potential. A limited amount
 of testing may be conducted voluntarily
but this will fall far short  of the
 systematic screening which is necessary
to protect public health and the
 environment and ensure the public that
all important substances have been
adequately evaluated.
Anticipated Cost and Benefits:
None.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through an endocrine mediated
pathway. Preliminary studies show
possible adverse effects on humans.
Wildlife effects have been more
thoroughly documented. Abnormalities
in birds, marine mammals, fish and
shellfish have been documented in the
U.S., Europe, Japan, Canada, and
Australia which have been linked to
specific chemical exposures. Evidence
is sufficient for the U.S. to proceed on
a two track strategy: research on the
basic science regarding endocrine
disruption and screening to identify
which chemicals are capable of
interacting with the endocrine system.
The combination of research and test
data developed by this program will
enable EPA to take action to reduce
chemical risks.
Timetable:
                                                          Action
                                                                             Date     FR Cite
                                                          Notice Proposed     12/00/02
                                                            Priority Setting
                                                            Criteria & Request
                                                            for Comment
                                                          Notice Final Priority  06/00/03
                                                            Setting Criteria

                                                          Regulatory Flexibility Analysis
                                                          Required:
                                                          NO                        :

                                                          Small Entities Affected:
                                                          No

                                                          Government Levels Affected:
                                                          None

                                                          Additional Information:
                                                          SAN No. 4727

                                                          Agency Contact:
                                                          Greg Schweer
                                                          Environmental Protection Agency
                                                          Office of Prevention, Pesticides and Toxic
                                                          Substances
                                                          7201M
                                                          Washington, DC 20460
                                                          Phone: 202 564-8469
                                                          Fax: 202 564-8482
                                                          Email: schweer.greg@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@epamail.epa.gov
                                                          RIN: 2070-AD59

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            Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/The  Regulatory Plan     74209
EPA

117. • SUSTAINABLE FUTURES;
VOLUNTARY PILOT PROJECT UNDER
THE TSCA NEW CHEMICAL
PROGRAM

Priority:
Other Significant

Legal Authority:
Not Yet Determined

CFR Citation:
Not Yet Determined

Legal Deadline:
None

Abstract:
Sustainable Futures is a voluntary pilot
project initiated by EPA to encourage
the application of pollution prevention
principles during the development of
new chemicals submitted as
premanufacture notices (PMNs) under
section 5 of the Toxic Substances
Control Act (TSCA). The goal of this
pilot project is to encourage pollution
prevention  and the development of
 inherently low-hazard chemicals. Also,
the Agency seeks to gain additional
' data and experience regarding the
 pollution prevention, risk reduction,
 and source  reduction benefits of use of
 hazard, exposure, and risk-screening
 methodologies such as EPA's Pollution
 Prevention  Framework in new product
 development efforts.

 Statement  of Need:
 Chemical manufacturers need quick,
 inexpensive, reliable methods for
 screening chemicals for risk early-on in
 the chemical development process.
 Manufacturers of new chemical
 substances  often have product or
 process alternatives available and/or
 under consideration at R&D.
 Unfortunately, little or no data are
 available about the potential hazards or
 risks of alternatives under
 consideration. As a result, stakeholders
 often make commercialization decisions
 without an understanding of the risk
 trade-offs of product or process
 alternatives under consideration.
 Commercialization decisions are often
 made "blind" to risk considerations.
 Sustainable Futures is a technology-
 transfer approach to risk reduction and
 pollution prevention. Under
 Sustainable Futures, the Agency will
 give sophisticated computerized risk-
 screening methodologies, called the P2
 Framework, to chemical companies,
 together with training and detailed
 technical assistance. The P2 Framework
 allows companies to evaluate chemical
alternatives based on a computerized
analysis of chemical structure. The P2
Framework can be used early-on in
R&D, even before a chemical is
synthesized, to render screening-level
assessments of chemicals under study
and alternatives available. R&D is the
optimal point to initiative risk
screening because alternatives are more
plentiful at R&D and the cost of change
is lowest. Risk screening at R&R is the
purest form of pollution prevention.

Summary of Legal Basis:
Section 5 of TSCA gives EPA authority
to review and, where necessary, control
unreasonable risks associated with new
chemicals. An. important approach to
risk control is to give chemical
manufacturers sophisticated, cost-
effective screening methodologies that
allow stakeholders to self-identify
problematic chemicals, resulting in
submission of inherently low-risk new
chemicals. The Pollution Prevention
Act encourages approaches that prevent
the introduction of hazardous materials.
The P2 Framework is one approach
toward this objective.

Alternatives:
One alternative would be to ask the
industry to test new chemical
substances to determine the level of
risk, if any. Such an approach would
increase costs and delay introduction
of materials into the market place.
There is no statutory authority to
require testing prior to submission of
a premanufacture notice. A second
alternative is the status quo, where
chemical commercialization decisions
are made without an understanding of
risk trade-offs of product and process
alternatives.

Anticipated Cost and Benefits:
Cost to participating stakeholders will
be low. Almost all stakeholders
 currently have computer equipment
 sufficiently powerful to run assessment
 methodologies offered through
 Sustainable Futures. Training, offered
 by EPA at no cost, will be needed,
 however. Eastman Kodak conducted an
 independent study of the benefits of
 conducting risk screening at R&D using
 the P2 Framework - the central concept
 of the Sustainable Futures Initiative.
 Kodak found they saved between 13.5
 percent and 100 percent of product
 development costs for each chemical
 evaluated at R&D. Other benefits seen
 in the Kodak case study include
 reduction in generation of chemical
 wastes, reduced time to market,
 reduced regulatory liability and better
utilization of health, safety and
environmental staff.

Risks:
The methodologies included in the P2
Framework, i.e., the foundation of the
Sustainable Futures Initiative, are
screening-level methodologies with an
inherent degree of uncertainty. As a
result, it is possible that a low risk
chemical might be mistakenly
identified as posing human or
environment concerns. The opposite is
also possible, i.e., a hazardous chemical
might be mistakenly viewed as posing
low hazard as a result of application
of the P2 Framework methodologies.
Timetable:
Action
                   Date     FR Cite
Notice Announcing   11/00/02
  Voluntary Pilot
  Project
Regulatory Flexibility Analysis
Required:
Undetermined

Government Levels Affected:
Undetermined

Federalism:
Undetermined

Additional Information:
SAN No. 4734

Sectors Affected:
325 Chemical Manufacturing; 32411
Petroleum Refineries

Agency Contact:
Bill Waugh
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
 7403M
Washington, DC 20460
Phone: 202 564-7657
Fax: 202 564-7440
Email: waugh.bill@epa.gov

Kenneth Moss
 Environmental Protection Agency
 Office of Prevention, Pesticides and Toxic
 Substances
 7405M
 Phone: 202 564-9232
 Email: moss.kenneth@epa.gov
 RIN: 2070-AD60.


 EPA
 118. CLEAN WATER ACT DEFINITION
 OF WATERS OF THE UNITED  STATES

 Priority:
 Other Significant

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  74210      Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/The Regulatory Plan
  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 Part
  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 action would clarify the
 jurisdictional status under the Clean
 Water Act (CWA)  of "isolated intrastate
 non-navigable 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, Solid Waste
 Agency of Northern Cook County v.
 U.S. Army Corps of Engineers
 (SWANCC). In SWANCC, the Court
 held that the scope of "waters of the
 United States" protected under the
 Clean Water Act did not extend to
 isolated  intrastate non-navigable waters
 based solely on presence of migratory
 birds. While SWANCC did not actually
 invalidate regulations under the CWA,
 the decision does establish limitations
 on their  use. Revision of the regulatory
 language is necessary to address the
 Court's decision, improve regulatory
 clarity, and provide more specificity
 regarding CWA jurisdiction. Among
 others things, 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. Small entities or
 State/local/tribal governments might be
 affected by a change in regulatory
 definition of "waters of the United
 States" if they either are regulated
 under or help administer CWA
 programs affecting such waters, e.g.
 sections 402, 404, 311.
 Significant impacts  on such entities or
governments are not anticipated, as the
proposed regulatory revisions would be
consistent with the Supreme Court
ruling.

Statement of Need:
The need for this rule stems from the
Supreme Court's 2001 decision in Solid
 Waste Agency of Northern Cook County
 •v. U.S. Army Corps of Engineers
 (SWANCC), which has raised
 substantive questions regarding the
 extent to which isolated intrastate non-
 navigable waters are included within
 the geographic scope of jurisdiction
 under the Clean Water Act. Rulemaking
 will help clarify issues to ensure that
 Clean Water Act protections are in
 place for the appropriate set of
 wetlands and other waters of the
 United States.

 Summary of Legal Basis:

 Although the Supreme Court's decision
 in SWANCC did not invalidate
 regulations under the CWA, it raised
 questions that can be most effectively
 answered via rulemaking on the various
 regulations concerning CWA
 jurisdiction.

 Alternatives:

 The Agency will seek public input on
 alternatives via an advance notice of
 proposed rulemaking prior to proposing
 a rulemaking.

 Anticipated Cost and Benefits:

 Cost/benefit information will be
 developed/solicited as part of the
 ANPRM and proposal process.
 However, significant changes in the
 magnitude or distribution of costs and
 benefits are not anticipated, as the rule
 is primarily focused on. how Clean
 Water Act jurisdiction for relevant
 programs is interpreted in light of the
 SWANCC Supreme Court decision.

 Risks:

 Risk information will be solicited as
 part of the ANPRM and proposal
 process. However, significant changes
 in the magnitude  or distribution of risk
 are not anticipated as the rule is
 primarily focused on how Clean Water
 Act jurisdiction for relevant programs
 is interpreted in light of the SWANCC
 Supreme Court decision.
 Timetable:
Action
                   Date
                            FR Cite
ANPRM
NPRM
Final Action
11/00/02
06/00/03
02/00/04
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@epamail.epa.gov
                      RIN: 2040-AB74


                      EPA
                           PROPOSED RULE STAGE
 119. 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

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            Federal Register/Vol.  67,  No. 236/.Monday, December 9,  2002/The Regulatory Plan      74211
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.

Statement of Need:
Plywopd and Composite Wood
Products is a source category listed to
be regulated under  section 112 of the
Clean Air Act.

Summary of Legal  Basis:
Clean Air Act Section 112

Alternatives:
The principal alternatives are to set
standards at  or beyond the "floor" level
of stringency. The "floor is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.

Anticipated Cost and Benefits:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. In
addition, an  Economic Impact Analysis
and Regulatory Impact Analysis  have
been prepared.

Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
11/00/02
02/00/04
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
C504-05
Research Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov

K. C. Hustvedt
Environmental Protection Agency
Air and Radiation
C439-03
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52


EPA

120. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE

Priority:
.Economically Significant. Major under
5 USC 801.

Unfunded Mandates:
This action may affect the private
sector under PL 104-4.

Legal Authority:
42 USC 7412 CAA 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.

                                                           Statement of Need:

                                                           Reciprocating Internal Combustion
                                                           Engines is a source category listed to
                                                           be regulated under Section 112 of the
                                                           Clean Air Act.

                                                           Summary of Legal Basis:

                                                           Section 112 of the Clean Air Act.

                                                           Alternatives:

                                                           The principal alternatives are to set
                                                           standards at or beyond the "floor" level
                                                           of stringency. The "floor is the
                                                           minimum stringency implied by the
                                                           Congressionally-given formula in
                                                           Section 112 of the Clean Air Act.

                                                           Anticipated Cost and Benefits:

                                                           In Section 112 of the Clean Air Act,
                                                           Congress found that there is sufficient
                                                           evidence of risk to warrant a broad,
                                                           technology-based MACT program to
                                                           reduce  toxic emissions nationwide.
                                                           Therefore, separate cost/benefit
                                                           analyses are not conducted for
                                                           individual rulemakings within the
                                                           MACT  program. Total annualized cost
                                                           for rule is $248 million, average
                                                           cost/facility $62,000 for 4600 existing
                                                           sources and 20,000 new sources.

                                                           Risks:

                                                           In Section 112 of the Clean Air Act,
                                                           Congress found that there is sufficient
                                                           evidence of risk to warrant a broad,
                                                           technology-based MACT program to
                                                           reduce  toxic.emissions nationwide.

                                                           Timetable:
                                                           Action
                                                                             Date
                                                                                      FR Cite
                                                           NPRM
                                                           Final Action
                  11/00/02
                  02/00/04
Regulatory Flexibility Analysis
Required:

No

Small Entities Affected:

Businesses, Governmental Jurisdictions

Government Levels Affected:

State, Local

Additional Information:

SAN No. 3656

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74212     Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan
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-AG63

EPA

121. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). Industrial boilers,
institutional/commercial boilers and
process heaters are among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. EPA promulgated an NSPS for
these source categories in 1987 and
1990. The standards for the NESHAP
are to be technology-based  and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Statement of Need:
Industrial boilers,
institutional/commercial boilers, and
process heaters are source categories
listed to be regulated under Section 112
of the Clean Air Act.
Summary of Legal Basis:

Section 112 of the Clean Air Act.

Alternatives:

Alternatives will be presented as part
of the proposed rule.

Anticipated Cost and Benefits:

Implementation of the rulemaking
would reduce nationwide emissions of
air toxics by 58,000 tons per year in
the 5th year. Mercury emissions would
be reduced by almost 2 tons per year.
Those reductions would lower ambient
air concentrations and levels of
exposure. In addition to HAP emissions
reductions, reductions in criteria
pollutant emissions (i.e., particulate
matter, sulfur dioxide) would also be
realized. The total nationwide capital
costs for the rulemaking as proposed
is about $1.7 billion, with an
annualized cost of $840 million.

Risks:

In Section 112 of the Clean Air Act,
Congress  found  that there is sufficient
evidence  of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. The
risks •from this industry are those
normally associated with combustion,
such as exposure to particulate matter
and sulfur oxides.

Timetable:
Action
                   Date
                           FR Cite
NPRM
Final Action
11/00/02
02/00/04
Regulatory Flexibility Analysis
Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Additional Information:

SAN No. 3837
Agency Contact:
James A. 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 H. 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


EPA

122. 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.

Statement of Need:

Surface coating of automobiles and
light-duty trucks is a source  category
listed to be regulated under section 112
of the CAA.

Summary of Legal Basis:

Section 112 of the Clean Air Act.

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            Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/The Regulatory Plan      74213
Alternatives:

Alternatives have been explored as the
proposal has been developed. The
alternatives include the minimum
required "floor" level of control and
other more stringent options.

Anticipated  Cost and Benefits:

The estimated total annual costs,
including costs for recordkeeping and
reporting, to the affected industry of the
rule is $150  million. The rule is
projected to  reduce emissions of
hazardous air pollutants by 6,000 tons
per year. A regulatory impact analysis
will accompany the proposed rule.

Risks:.

In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. The
risks from this industry are those
normally associated with surface
coating operations, such as exposure to
coating solvents which are hazardous
au: pollutants.
Timetable:
Action
NPRM
Final Action
Date
11/00/02
05/00/04
FR Cite

Regulatory Flexibility Analysis
Required:

No

Small Entities Affected:

No

Government Levels Affected:

State, Local

Additional Information:

SAN No. 3907

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: salmah.dave@epa.gov

Dianne Byrne
Environmental Protection Agency
Air and Radiation
C504-05
Research Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG99


EPA

123. TRANSPORTATION CONFORMITY
AMENDMENTS: RESPONSE TO
MARCH 2, 1999, COURT DECISION

Priority:
Other Significant

Legal Authority:
42 USC 7401 to 7671q

CFR Citation:
40 CFR 93

Legal Deadline:
None

Abstract:
The Clean Air Act requires EPA to
promulgate rules that establish the
criteria and procedures for determining
whether highway and transit plans,
programs, and projects conform to state
air-quality plans. Conformity means
that the transportation actions will not
cause or worsen violations of air
quality standards or delay timely
attainment of the standards. The
original conformity rule was finalized
on November 24, 1993, and most
recently amended on August 15, 1997.
On March 2, 1999, the U.S.  Court of
Appeals overturned certain provisions
of the 1997 conformity amendments.
This rulemaking will amend the
conformity rule in compliance with the
court decision. The rulemaking will
formalize the May 14, 1999, EPA
guidance and the June 18, 1999, DOT
guidance that was issued to guide
action on this issue until a rulemaking
could be issued. Specifically, the
rulemaking will clarify the types of
projects that can be implemented  in the
absence of a conforming transportation
plan. It will also explain EPA's process
for reviewing newly submitted air
quality plans and when those
submissions can be used for conformity
purposes.

Statement of Need:
The U.S. Court of Appeals remanded
some provisions of EPA's conformity
rule. The conformity rule must be
amended in compliance with the court
decision.

Summary of Legal Basis:
The Clean Air Act requires
transportation plans, programs, and
projects to conform to State air-quality
plans. The Clean Air Act also requires
EPA to establish rules for how to
determine the conformity of
transportation actions.

Alternatives:
EPA's alternatives are  constrained by
the court decision.

Anticipated Cost and  Benefits:
This amendment will not change the
results of the economic analysis
performed for the original
transportation conformity rule, which
was summarized in the preamble to
that rule on 11/24/93 at 58 FR 62214.

Risks:
Transportation conformity is a process
designed to help achieve attainment
with the National Ambient Air Quality
Standards. The risks addressed by the
rule are therefore those risks associated
with non-achievment of such standards.
Timetable:
Action
                   Date
                            FR Cite
NPRM
                  12/00/02
Regulatory Flexibility Analysis
Required:
No

Small Entities Affected:
No

Government Levels Affected:
Federal, State, Local, Tribal

Additional Information:
SAN No. 4340

Agency Contact:
Angela Spickard
Environmental Protection Agency
Air and Radiation
6406
Washington,  DC 20460
Phone: 734 214-4240
Fax: 734 214-4906
Email: spickard,angela@epa.gov
RIN: 2060-AI56

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74214     Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/The Regulatory Plan
EPA

124. CONTROL OF EMISSIONS FROM
SPARK IGNITION MARINE VESSELS
AND HIGHWAY MOTORCYCLES

Priority:
Economically Significant. Major under
5 USC 801.

Legal Authority;
42 USC 7401 to 7671(q)

CFR Citation:
40 CFR 94

Legal Deadline:
None

Abstract:
EPA is proposing to take actions to
reduce emissions from two categories
of engines. The first category, highway
motorcycles, have existing emission
standards that were put in place over
twenty years ago. Emissions control
technologies have advanced
significantly since that time, and EPA
believes it is appropriate to put in place
more stringent standards for HC and
NOx that reflect this progress. The
proposed standards are consistent with
standards California has recently
promulgated, thereby creating the
opportunity to industry to produce and
market products nationwide. The
second categoy of emissions sources
addressed in this proposal is gasoline-
powered marine vessels. Specifically,
EPA is proposing to control evaporative
emissions from these sources through
the application of fuel tank and hose
controls that can significantly reduce
HC emissions from these sources. This
proposal is the first set of emissions
standards for this category.

Statement of Need:
Ozone pollution poses a serious threat
to the health and well-being of millions
of Americans. This rulemaking
addresses control measures to reduce
emissions from highway motorcycles
and gasoline fuel systems for marine
vessels.

Summary of Legal Basis:
42 USC 7521 and 7547.

Alternatives:
The proposal describes alternatives that
could be adopted as part of the final
rule.  Small business compliance
flexibilities  are included for both
categories of standards. For the
motorcycle portion of the proposal,
alternative emission standards are less
attractive given the benefits associated
with harmonizing the Federal program
with existing California requirements.

Anticipated Cost and Benefits:

Costs and benefits will be analyzed as
part of the final rule review process.
The standards included in the proposal
are cost-effective, with significant
reductions estimated for HC and NOx
emissions from motorcycles and HC for
the evaporative emissions controls. In
addition, the evaporative emissions
controls are expected to lead to
significant fuel savings for the owners
and operators of these sources.

Risks:

The risks addressed by this program are
primarily those associated with
nonattainment of the National Ambient
Air Quality Standards for ozone. There
are also serious public health and
welfare benefits from controlling
emissions from these sources,  such as
reductions in regional haze and acid
deposition.
Timetable:
Action
NPRM
Final Action
Date
1 1/00/02
08/00/03
FR Cite

Regulatory Flexibility Analysis
Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Additional Information:

SAN No. 4626

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
Washington, DC 20460
Phone: 734 214-4229
Fax: 734 214-4816                    ,
Email: kopinski.donald@epa.gov
RIN: 2060-AJ90


EPA

125. 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 goverments  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 arid
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,

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             Federal Register/Vol. 67, No.  236/Monday,  December 9, 2002/The  Regulatory Plan     74215
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 nofcattaining 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.

Statement of Need:

This action is needed in response to
the U.S. Supreme Court's ruling in
February 2001 (Whitman v. American
Trucking Assoc.,, 121 S.Ct.903) that
stated that EPA has  the authority to
implement a revised ozone NAAQS but
that EPA could not ignore the
provisions of subpart 2 when
implementing the 8-hour NAAQS. The
Supreme Court identified several
portions of subpart 2 that are ill-fitted
to the revised NAAQS but left it to EPA
to develop a reasonable implementation
approach. Consequently, EPA is
developing a rule to implement the 8-
hour ozone NAAQS under the
provisions of subpart 2 of the CAA.

Summary of Legal Basis:

Title I of the Clean Air Act.

Alternatives:

This entry comprises the action the
Agency plans to take to implement the
8-hour ozone NAAQS. The major
alternative facing the Agency was
whether to implement the standard
strictly on a  State-by-State basis, as has
been the norm in the past, or to take
Federal action to address the fact that
emissions from one State affect the
ability of other States to achieve the
ozone NAAQS. The  other major set of
alternatives involved various possible
strategies for infrastructure design, such
as the designations of nonattainment
areas and the requirements that apply
to them.
Anticipated Cost and Benefits:

EPA prepared a regulatory impact
analysis for the final ozone NAAQS,
and is preparing a cost analysis for this
implementation rule. The benefits of
the rule are those associated with
attainment of the ozone NAAQS
including significant improvements in
premature mortality, chronic asthma,
chronic and acute bronchitis, upper
and lower respiratory symptoms, work
days lost, decreased worker
productivity, visibility in urban and
suburban areas, and increases in yields
of commercial forests currently exposed
to elevated ozone levels.

Risks:

The risks  addressed by this action are
the likelihood of experiencing
increased health and environmental
effects associated with nonattainment
of the National Ambient Air Quality
Standard for ozone. These effects are
briefly described above in the "costs
and benefits" section, and they were
outlined in detail in the Regulatory
Impact Analysis for the ozone NAAQS
rulemaking. The results are
summarized in the Federal Register
notice for that rulemaking (62 FR
38856, July 18, 1997).

Timetable:
Action
                   Date      FR Cite
NPRM
Final Action
12/00/02
12/00/03
Regulatory Flexibility Analysis
Required:

No

Small Entities Affected:

No

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.gov

 Denis e Gefth
 Environmental Protection Agency
 Air and Radiation
 C539-02
 Research Triangle Park, NC 27711
 Phone: 919 541-5550
 Fax: 919 541-0824
 RIN: 2060-AJ99


 EPA

 126. CONTROL OF EMISSIONS OF AIR
 POLLUTION FROM NONROAD DIESEL
 ENGINES AND FUEL

 Priority:
 Economically Significant. Major under
 5 USC 801.

 Unfunded Mandates:
 This action may affect the private
 sector under PL 104-4.

 Legal Authority:
 15 USC 2002

 CFR Citation:
 40 CFR 89

 Legal Deadline:
 None

 Abstract:
 On 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 percent to 37
 percent (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

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74216     Federal Register / Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan
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.

Statement of Need:
Ozone and particulate pollution pose a
serious threat to the health and well-
being of millions of Americans and a
large burden to the U.S. economy. This
rulemaking will address additional
national control measures to reduce
emissions, including emissions of
nitrogen oxides, hydrocarbons and
particulate matter, from nonroad heavy-
duty diesel engines, and will also
require reduced sulfur levels in
nonroad diesel fuel, in order to protect
the public health and welfare.

Summary of Legal Basis:
CAA title n part A section 213, 217.

Alternatives:
Alternatives will be considered as the
rulemaking proposal is developed.

Anticipated Cost and Benefits:
Costs and benefits will be assessed as
the rulemaking proposal is developed.

Risks:
The  risks addressed by this program are
primarily those associated with
nonattainment of the National Ambient
Air Quality  Standards for ozone and
particulate matter. There are also
serious public health and.
environmental problems associated
with toxic air pollution, acid rain,
reduced visibility and nitrogen loading
of estuaries.
Timetable:
Action
NPRM
Final Action
Date
04/00/03
04/00/04
FR Cite

 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


EPA

127. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR, AND
REPLACEMENT

Priority:

Economically 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:
The EPA is proposing revisions to the
regulations governing the NSR
programs mandated by parts C and D
of title I of the Clean Air Act (Act).
These proposed changes reflect the
EPA's consideration of the discussions
and recommendations of the President's
National Energy Policy Report and from
various stakeholders including
representatives from industry, State and
local governments, and environmental
groups. The proposed changes provide
a future category of activities that
would be considered to be routine
maintenance, repair, and  replacement
(RMR&R) under the NSR program. The
changes are intended to provide greater
regulatory certainty without sacrificing
the current level of environmental
protection and benefit derived from the
program. We believe that these changes
will facilitate the safe,  efficient, and
reliable operation of affected facilities.
Statement of Need:

The cm-rent New Source Review
regulations provide for an exclusion
from the definition of major
modifications for "routine maintenance,
repair, and replacement" activities;
however, they do not provide a
definition of this term. Specific
questions regarding the application of
this term have been addressed on a
case-by-case basis.  By providing a
future category of activities that would
be considered to be routine
maintenance, repair, and replacement
(RMR&R) under the NSR program, these
changes will provide greater regulatory
certainty without sacrificing the current
level of environmental protection and
benefit derived from the program.

Summary of Legal Basis:

42 USC 7411(a)(4)

Alternatives:

Alternative considerations that will
affect what activities would be
considered to be RMR&R will be
included in the proposal.

Anticipated Cost and Benefits:

The Agency will conduct analyses to
the extent appropriate to inform
decisions on the rule. Such analyses
will be introduced as part of the
proposed rule and  developed further
for the final rule.

Risks:

Risk information will be developed as
appropriate as the  rulemaking proceeds.

Timetable:	
                    Date     FR Cite
                                                                             NPRM
                                                                             Final Rule
                  11/00/02
                  10/00/03
 Regulatory Flexibility Analysis
 Required:

 No

 Small Entities Affected:

 No

 Government Levels Affected:

 Federal, State, Local, Tribal

 Additional Information:

 SAN No. 4676

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             Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/The Regulatory Plan      74217
 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

 Lynn Hutchinson
 Environmental Protection Agency
 Air and Radiation
 C33903
 Research Triangle Park, NC 27711
 Phone: 919 541-5795
 Fax: 919 541-5509
 Email: hutchinson.lynn@epa.gov
 RIN: 2060-AK28


 EPA

 128. • ENDOCRINE DISRUPTER
 SCREENING PROGRAM;
 IMPLEMENTING THE SCREENING
 AND TESTING PHASE

 Priority:
 Other Significant. Major status under 5
 USC 801 is undetermined.

 Legal Authority:
 15  USC 2603 TSCA; 21 USC 346(a)
 FFDCA; 42 USC 300(a)(17) SDWA; 7
 USC 136 FIFRA

 CFR Citation:
 Not Yet Determined

 Legal Deadline:
 None

 Abstract:
 The screening and testing phase of the •
 Endocrine Disrupter Screening Program
 (EDSP) potentially will encompass a
 broad range of types of chemicals,
 including pesticide-chemicals, TSCA
 chemicals, chemicals that may be found
 in sources of drinking water, chemicals
 that may have an effect that is
 cumulative to the effect of a pesticide
 chemical, chemicals that are both
 pesticide chemicals and TSCA
 chemicals, and other chemicals that are
 combinations of these types of
 chemicals. This proposed rule will
 describe EPA's proposed procedures
 and processes that EPA will use when
 implementing the screening and testing
 phase of the EDSP. Specifically,
 depending on decisions that the
Agency makes regarding
 implementation of"the testing phase of
the EDSP, the proposed rule will
 describe the authorities that it may
invoke to require testing and,  if
 necessary, establish the process that the
 Agency will use to require the testing.

 Statement of Need:

 The Endocrine Disrupter Screening
 Program Implementation of the
 Screening and Testing Phase fulfills the
 statutory direction and authority to
 screen pesticide chemicals and
 drinking water contaminants for their
 potential to disrupt the endocrine
 system and adversely affect human
 health.

 Summary of Legal Basis:

 The screening and testing phase of the
 Endocrine Disruptor Screening Program
 (EDSP) potentially will encompass a
 broad range.of types of chemicals,
 including pesticide chemicals, TSCA
 chemicals, chemicals that may be found
 in sources of drinking water, chemicals
 that may have an effect that is
 cumulative to the  effect of a pesticide
. chemical, chemicals that are both
 pesticide chemicals and TSCA
 chemicals, and other chemicals that are
 combinations  of these types of
 chemicals. As discussed in the
 Proposed Statement of Policy, EPA has
 a number of authorities at its disposal
 to require testing of these types of
 chemicals. The Federal Food, Drug, and
 Cosmetics Act (FFDCA) section 408(p)
 provides EPA authority to require
 testing of all pesticide chemicals and
 any other substance that may have  an
 effect that is cumulative to an effect
 of a pesticide  chemical if EPA
 determines that a substantial
 population may be exposed to the
 substance (21  U.S.C. 346a)(p)).
 Likewise, the Safe Drinking Water Act
 (SDWA) provides EPA with authority
 to require testing of any substance that
 may be found in sources of drinking
 water if EPA determines that a
 substantial population may be exposed
 to the substance (42 U.S.C. section
 300J-17). The Federal Insecticide,
 Fungicide, and Rodenticide Act
 (FIFRA) provides EPA with authority to
 require testing of pesticides if EPA
 determines that additional data are
 required to maintain in effect an
 existing registration (7 U.S.C. section
 136a(c)(2)(B)).  The Toxic Substances
 Control Act  (TSCA) provides authority
 for EPA to require  testing of TSCA
 chemicals, provided that it makes
 certain hazard and/or exposure findings
 (15 U.S.C. section 2603). In addition,
EPA has authority  to issue consent
 orders to require testing when
 interested parties agree on an
acceptable testing program (51 FR
 23706 (June  30, 1986)).
 Alternatives:
 A Federal role is mandated under cited
 authority. There is no alternative to role
 of the Federal Government on this issue
 to ensure that pesticides, commercial
 chemicals and contaminants are
 screened and tested for endocrine
 disruption potential. A limited amount
 of testing may be conducted voluntarily
 but this will fall far short of the
 systematic screening which is necessary
 to protect public health and the
 environment and ensure the public that
 all important substances have been
 adequately evaluated.

 Anticipated Cost and Benefits:
 It is too,early to project the costs and
 benefits of this program accurately.
 However, the Agency recognizes that
 the rule could potentially have
 significant cost implications,  depending
 on the screening criteria and testing
 requirements. For example, as a rough
 estimate, the screening battery currently
 under consideration is estimated to cost
 $200,000 per chemical.  It is also too
 early to quantify the benefits of this
 program mathematically. The goal of
 the program is to reduce the risks
 identified below.

 Risks:
 Evidence is continuing to mount that
 •wildlife and humans may be at risk
 from exposure to chemicals operating
 through an endocrine mediated
 pathway. Preliminary studies show
 possible adverse effects on humans.
 Wildlife effects have been more
 thoroughly documented. Abnormalities
 in birds, marine mammals, fish and
 shellfish have been documented in the
 U.S., Europe, Japan, Canada, and
 Australia which have been linked to
 specific chemical exposures. Evidence
 is sufficient for the U.S. to proceed on
 a two track strategy: research on the
 basic science regarding endocrine
 disruption and screening to identify
 which chemicals are capable of
 interacting with the endocrine system.
 The combination of research and test
 data developed by this program will
 enable EPA to take action to reduce
 chemical risks.
Timetable:
Action
                   Date.
                            FR Cite
NPRM Proposed     12/00/02
  Procedural Rule

Regulatory Flexibility Analysis
Required:
Undetermined

Small Entities Affected:
Businesses

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74218      Federal Register/Vol. 67, No. 236/Monday,  December  9, 2002/The Regulatory Plan
Government Levels Affected:
None
Additional Information:
SAN No. 4728

Agency Contact:
Jane .Smith
Environmental Protection,Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Washington, DC 20460
Phone: 919 380-4541
Fax: 202 564-8483
Email: smith.jane@epa.gov

Joe Nash
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Washington, DC 20460
Phone: '202 564-8886
Fax: 202 564-8483
Email: nash.joseph@epa.gov
RIN: 2070-AD61

EPA
129. 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.
                                      Additional Information:
                                      SAN No. 4091
Similarly, situations exist where both
disposable wipes and reusable shop
towels are not being managed according
to prescribed Federal and States' rules    Sectors Affected:
and policies. Problems with this issue
have persisted since the late 1980s.
Statement of Need:
After being asked by multiple
stakeholders to examine this waste
stream, EPA is considering changing
the requirements for management of
both reusable and disposable solvent-
contaminated industrial wipes. This
will  encourage pollution prevention
and recycling of hazardous solvents,
make the management standards more
consistent with the risks these materials
pose, and clarify existing Federal
policies regarding these materials.

Summary of Legal Basis:
No aspect of this action is required by
statute or court order.

Alternatives:
EPA is considering options that would
either exempt solvent-contaminated
industrial wipes from the definition of
hazardous waste or exclude them from
the definition of solid waste when
certain conditions are  met. These
conditions would address the  amount
of solvent present in the wipes during
transportation, as well as container
requirements for accumulation and
transp ortation.
Anticipated Cost and Benefits:
The anticipated benefits of this rule
include annual cost savings for
generators of disposable and reusable
industrial wipes. Other benefits include
the potential for pollution prevention
and for increased recycling of
hazardous solvents used in conjunction
with industrial wipes.

Risks:
The analyses associated with this
action find that the options being
considered would not cause risks from
disposal or re-use of solvent-
contaminated wipes to increase from
current regulations.
Timetable:
 Action
                   Date
                            FR Cite
 NPRM
                 ' 03/00/03
 Regulatory Flexibility Analysis
 Required:
 No
 Small Entities Affected:
 Businesses
 Government Levels Affected:
 Federal, State
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: 703 308-0514
Email: blanton.katherine@epa.gov
RIN:2050-AE51               . .  .  .


EPA

130. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES

Priority:
Other Significant

Legal Authority:
42 USC 6912(a); 42 USC 6921; 42 USC
6922; 42 USC 6924; 42 USC 6926

CFR Citation:
40 CFR 261.3(a)(2)(iv)(A)-(EKRevision)

Legal Deadline:
None

Abstract:
EPA is looking into proposing to add
up to four, solvents (benzene, 2-
ethoxyethanol, 1,1,2-trichloroethane,
and 2-nitropropane) to the hazardous
waste exemptions for mixtures of spent
solvents in wastewater treatment plants
(headworks rule) at 40 CFR
261.3(a)(2)(iv)(A)-(B). Spent solvents are
solvents that have been used and are
no longer fit for use without being
regenerated, reclaimed, or otherwise
processed. In addition, EPA is
considering proposing: (1) changes to
implementation of rule from using mass
balance only, to choice of using direct
monitoring; (2) adding certain leachates
to allowed categories of wastestreams;
 (3) revising other provisions of rule,
 such as de minimis quantities and the

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             Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/The Regulatory Plan      74219
 definition of point of application of
 exemption; and (4) clarifying
 applicability of exemption to
 incinerator scrubber waters.

 Statement of Need:
 This action is deregulatory. Federal
 action in this case will give States more
 flexibility in implementing the
 regulations.  In addition, the Agency has
 been asked to look into this issue in
 Congressional Committee
 Appropriations Report Language.

 Summary of Legal Basis:
 This action is not required by statutory
 or court order.

 Alternatives:
 The Agency is considering this rule
 without any alternatives. Some aspects
 of the proposal provide alternatives for
 the regulated community in complying
 with the regulations (e.g., direct
 monitoring of solvents vs. mass
 balance). Future rulemaking may
 expand on some of the regulatory
 options contained in the proposal,

 Anticipated  Cost and Benefits:
 This proposal, if finalized, is expected
 to provide cost  savings to the regulatory
 community because more facilities  will
 be eligible for regulatory exemptions
 and more wastes may be exempt from
 hazardous waste regulation.

 Risks:
 Since this is deregulatory, there is no
 risk reduction. However, the Agency
 performed a conservative risk analysis
 and found that risk is not increased
 above any level of concern by this
 action.
 Timetable:
Action
                   Date
                            FR Cite
NPRM Revisions for  01/00/03
  wastewater
  treatment
  exemptions

Regulatory Flexibility Analysis
Required:
No

Small Entities Affected:
No

Government Levels Affected:
Federal, State

Additional Information:
SAN No. 4501

Sectors Affected:
31-33 Manufacturing; 562 Waste
Management and Remediation Services
 Agency Contact:
 Ron Josephson
 Environmental Protection Agency
 Solid Waste and Emergency Response
 5304W
 Washington, DC 20460
 Phone; 703 308-0442
 Fax: 703 308-0522
 Email: josephson.ron@epa.gov

 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


 EPA

 131. 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.

 Statement of Need:
 F006 represents one of the largest
 hazardous waste streams amenable to
recycling. Eliminating impediments to
the safe recycling of F006 through
regulatory changes  would potentially
 facilitate this outcome - thereby
 decreasing the amount of hazardous
waste disposed.

Summary of Legal Basis:
No aspect of this action is required by
statutory or court order.
 Alternatives:
 EPA is evaluating alternatives that
 would either exempt from the
 definition of hazardous waste or
 exclude from the definition of solid
 waste  F006 destined for recycling
 provided specified conditions were
 met. Specific conditions would address
 proper handling, possibly notification,
 certification, etc.

 Anticipated Cost and Benefits:
 Costs to generating facilities would be
 reduced relative to current  compliance
 costs. Benefits include the potential for
 increased recycling of F006, thereby
 reducing the amount of virgin materials
 that must be extracted  from the land.
 Safe handling of this material also
 would be maintained.

 Risks:
 Any options evaluated and proposed
 would ensure that the risks from
 recycling F006 would not increase over
 current regulations. In  particular, the
 risks from managing the material on the
 land would be addressed.
 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:
Jim O'Leary
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov

Jim Michael
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8610
Fax; 703 308-0514
Email: michael.jim@epa.gov
RIN: 2050-AE97

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74220      Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/The Regulatory Plan
EPA
132. 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 RGRA, 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 is 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 H,
ABR, API II, etc.). In response to
American Mining Congress v. EPA, 824
F. 2d 1177(D.C. Cir. 1987) (AMC I) and
one of the most recent decisions, the
Association of Battery  Recyclers, v.
EPA 208 F.3d 1047 (2000) (ABR), EPA
has 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
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.
Statement of Need:
This proposal responds to court
decisions about EPA's definition of
solid waste under RCRA. See
Association of Battery Recyclers v.
EPA, 208 F.3d 1047 (2000).
Summary of Legal Basis:
See above.
Alternatives:
No alternatives are being considered.
Anticipated Cost and Benefits:
EPA currently anticipates that this rule,
when finalized, will result in a net
savings to the part of the regulated
community affected by the rule (those
facilities involved in recycling that is
part of a continuous process within the
generating industry). These facilities
will no longer have to comply with the
RCRA hazardous waste management
requirements.
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:
Marilyn Go ode
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

Ingrid Rosencrantz
Environmental Protection Agency
Solid Waste and Emergency Response
5307W
Washington, DC 20460
Phone: 703 605-0709
Fax: 703 308-0522
Email: rosencrantz.ingrid@epa.gov
RIN: 2050-AE98


EPA

133. NPDES PERMIT REQUIREMENTS
FOR MUNICIPAL SANITARY AND
COMBINED SEWER COLLECTION
SYSTEMS,  MUNICIPAL SATELLITE
COLLECTION SYSTEMS, SANITARY
SEWER OVERFLOWS, AND PEAK
EXCESS FLOW TREATMENT
FACILITIES

Priority:
Other Significant

Legal Authority:
33 USC 1311 CWA 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.
EPA is also proposing to clarify NPDES
requirements, including secondary
treatment requirements, for discharges
from peak excess flow treatment
facilities.

Statement of Need:
The proposed regulation is intended to
address three interrelated issues: (1)  the
risks to health and the environment
caused by SSOs; (2) the need to protect
and enhance local, State and Federal
investments in sewer system
infrastructure; and (3) the need to
provide a clear and consistent
regulatory program for collection
systems. Risks to health/environment:
EPA estimates that about 55,000 SSO
events occur each year, and perhaps ten
times this many instances occur where
sewage backs up into basements. These
events lead to a variety of damages,
including exposure of people to health
risks; lowered water quality; and
property damage and clean-up costs.
Protection of Investments in Sewer
System Infrastructure: Sanitary sewer
collection systems represent a major
national investment in community
infrastructure. EPA estimates that these
systems have a replacement value of $1
to $2 trillion. Another source estimates
that wastewater collection and

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            Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan      74221
treatment systems represent about 10 to
15 percent of the value of all publicly
owned infrastructure in the United
States. The substantial frequency of
SSOs and other collection system
failures indicates that operation,
maintenance, repair and rehabilitation
of sewer systems needs to improve.
Providing Clear and Consistent
Regulatory Program for Collection
Systems — States are implementing the
existing NPDES regulations relevant to
sanitary sewer collection systems in
widely differing ways.

Summary of Legal Basis:
EPA is considering whether to publish
a proposed rule that would require
NPDES permits for municipal sanitary
sewer collection systems to contain a
standard provision for better operation
and management of systems to avoid
SSOs, increased attention to system
planning, and better notification to the
public in the event of an overflow.
These proposed standard permit
conditions would derive from Clean
Water Act (CWA) sections 304(i), 308,
and 402(a). Section 402(a) of the CWA
authorizes EPA to prescribe permit
conditions as necessary to carry out the
provisions of the CWA, including
permit conditions on  data and
information collection and reporting.
Section 308 of the CWA authorizes EPA
to require NPDES permittees to
establish, maintain, and report records
for determining whether there has been
a violation of the CWA. The prohibition
of SSO discharges is a technology-based
limitation that is based, in part, on
CWA section 301(a) which prohibits a
discharge to waters of the United States
except in compliance with an NPDES
permit. The prohibition is also based
on EPA's interpretation of the Act that
discharges from a separate sanitary
sewer system need to meet effluent
limitations based on secondary
treatment as defined by EPA and any
more stringent limitation necessary to
meet water quality standards.
Legal authority for the requirements for
municipal satellite collection systems
derives from the definition of "publicly
owned treatment works." CWA section
212(2)(A) defines "treatment works" to
include "any devices and systems used
in the storage, treatment, recycling, and
reclamation of municipal sewage or
industrial wastes of a liquid nature .
. . including . . . intercepting sewers,
outfall sewers,  sewage collection
systems . . . ." EPA regulations define
the term "publicly owned treatment
works similarly at 40 CFR 122.2 and
403.1.
Alternatives:
NPDES requirements for municipal
sanitary sewer collection systems
currently under consideration include
the five major alternatives discussed
below. The first alternative would
require NPDES permits for municipal
sanitary sewer collection systems to
contain a standard provision for better
operation and management of systems
to avoid SSOs, increased attention to
system planning, and better notification
to the public in the event of an
overflow. The second alternative would
involve extending the requirements of
the proposed rule to  privately owned
satellite collection systems. The third
alternative would be to change the
technology-based standard for  •
discharges from sanitary sewers from
secondary treatment  to best available
technology economically achievable
(BAT)/ best practicable control
technology currently available  (BCT).
The fourth alternative would be a no-
action alternative. The  fifth alternative
would be a prescriptive capacity,
management, operation, and
maintenance provision. In addition to
these alternatives, a number of
municipalities have suggested
additional alternatives which are being
considered.
Anticipated Cost and Benefits:
EPA is considering a proposed rule that
would require NPDES permits  for
municipal sanitary sewer collection
systems contain standard provisions for
better operation and management of
systems, increase attention to system
planning, and better public notification
in the event of an overflow. EPA is in
the process of estimating the annual
costs and benefits associated with this
proposal.

Risks:
EPA estimates that there are at least
55,000 SSO events per year and an
additional 400,000 occurrences of
sewage backing up into basements. The
health and environmental risks
attributed to SSOs vary depending on
a number of factors including location
and season (potential for public
exposure), frequency, volume,  the
amount and type of pollutants present
in the discharge, and the uses,
conditions, and characteristics of the
receiving waters. SSOs can release raw
sewage to areas where  they present
high risks of human exposure, such as
streets, private property, basements,
and receiving waters used for drinking
•water, fishing and shellfishing, or
contact recreation. The most immediate
health risks associated with SSOs are
potential exposure to bacteria, viruses,
and other pathogens. Major groups of
disease-causing organisms or agents
associated with untreated SSOs
include: bacteria, viruses, protozoa, and
helminths (intestinal worms). These
pathogens can cause diseases range in
severity from mild gastroenteritis
(causing stomach cramps and diarrhea)
to diseases that can be life-threatening,
such as cholera, infectious hepatitis,
dysentery, and severe gastroenteritis.
Adverse health consequences can be
more severe for children, the elderly,
and those with weakened immune
systems. In addition to pathogens, raw
sewage may contain metals, synthetic
chemicals (including endocrine system
disrupters), nutrients, pesticides, and
oils, which also can be detrimental to
the health of humans  and wildlife.
SSOs may affect the quality and uses
of waters of the  United States. Adverse
water quality impacts from SSOs may
include changes to the physical
characteristics and viability of aquatic
habitats, causing fish  kills. In 2001,
sewer line blockages and breaks were
cited in 4 percent and SSOs were cited
in 2 percent of beach  closures and
swimming advisories  in the United
States.

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

Sectors Affected:

22132 Sewage Treatment Facilities

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 74222      Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/The Regulatory Plan
 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

 EPA

 134. 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 goverments and the private
 sector.

 Legal Authority:
 40 USC 300g-l(b); SDWA 1412(b); 42
 USC 300f; 42 USC 300g-l; 42 USC
 300g-2; 42 USC 300g-3; 42 USC 300g-
 4; 42 USC 300g-5; 42 USC 300g-6; 42
 USC 300J-4; 42  USC 300J-9; 42 USC
 300J-11

 CFR Citation:
 40 CFR 141 to 142; 40 CFR 9
 Legal Deadline:
 None

 Abstract:
 The Long Term 2 Enhanced Surface
 Water Treatment Rule (LT2ESWTR)
 will control risk from microbial
 pathogens in drinking water. It is being
 developed simultaneously with the
 Stage 2 Disinfectants and Disinfection
Byproducts Rule (DBPR) which will
 address risk caused by the use of
 disinfectants in  drinking water. This
rule could affect all public water
 systems that use surface water as a   .
 source. Promulgating the LT2ESWTR
 and the Stage 2  DBPR as a paired
rulemaking is necessary to ensure that
 adequate protection  from microbial risk
 is maintained while EPA manages risk
 from disinfection byproducts. In
 developing the LT2ESWTR, EPA will
 analyze a significant body of new
 survey data on microbial pathogens in
 source and finished waters, as well as
 data on parameters which could serve
 as indicators of microbial risk. This
 survey data, which was collected under
 the Information Collection Rule (ICR),
 Supplemental Surveys to the ICR, and
 additional research projects, will
 provide a substantially more
 comprehensive and complete picture of
 the occurrence of waterborne  pathogens
 than was available previously. EPA will
 also use significant new data on the
 efficiency of treatment processes for the
 removal and inactivation of
 microorganisms, as well as new
 information on the pathogenicity of
 certain pathogens, to determine
 effective regulatory requirements for
 controlling microbial risk. On March
 30, 1999, EPA established a committee
 of stakeholders under the Federal
 Advisory Committee Act (FACA) to
 assist in the development of these rules
 and an agreement in principle was
 signed in September 2000 outlining the
 proposed rule options.

 Statement of Need:
 The purpose of the Long Term 2
 Enhanced Surface Water Treatment
 Rule (LT2ESWTR) is to reduce health
 risks posed by Cryptosporidium and
 other microbial pathogens in drinking
 water. Cryptosporidium is a protozoa
 which causes cryptosporidiosis,  a
 severe gastrointestinal disease. While
 cryptosporidiosis is generally self-
 limiting in healthly individuals, it can
 be fatal for people with compromised
 immune systems. Cryptosporidium is
 removed to a degree by filtration but
 is highly resistant to conventional
 drinking water disinfectants, including
 chlorine and chloramines. EPA has
 recently collected a significant amount
 of data on occurrence of
 Cryptosporidium in drinking water
 sources through the Information
 Collection Rule (ICR) and ICR
 Supplemental Surveys. These data
 indicate that a subset of drinking water
 systems have an unacceptably high risk
 for Cryptosporidium in their treated
 water. The  LT2ESWTR is intended to
 identify systems at high risk for
 Cryptosporidium through monitoring
 and prescribe an appropriate level of
 additional treatment. In addition, the
LT2ESWTR will be promulgated
 simultaneously with the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR). This will help
to ensure that drinking water utilities
 do not compromise adequate microbial
 protection while they take steps to
 control DBFs.

 Summary of Legal Basis:
 Section 1412(b)(7)(A) of SDWA allows
 the Administrator to promulgate a
 national primary drinking water
 regulation that requires the use of a
 treatment technique in establishing a
 maximum contaminant level if the
 Administrator makes a finding that it
 is not feasible to ascertain the level of
 the contaminant. The MCLG for
 Cryptosporidium is zero and it is not
 feasible for public water systems to
 measure Cryptosporidium
 concentrations in treated water.
 Consequently, under section
 1412(b)(l)(A), the Administrator may   •
 establish a treatment technique for
 Cryptosporidium if this presents a
 meaningful opportunity for health risk
 reduction. Although the 1996
 Amendments do not require EPA to
 finalize a Long Term 2 Enhanced
 Surface Water Treatment Rule along
 with the Stage 2 Disinfectants and
 Disinfection Byproducts Rule, Congress
 did emphasize the importance of
 ensuring proper balance between
 microbial and DBF risks and, therefore,
 EPA believes it is important to finalize
 these rules together.

 Alternatives:
 EPA is considering various rule
 scenarios to reduce risk from
 Cryptosporidium. These scenarios
 include treatment requirements that
 would apply to all systems, such as
 requiring all conventional plants to
 achieve 2-log inactivation of
 Cryptosporidium. Alternative scenarios
 have involved assigning systems to bins
 based on mean Crypto source water
 concentrations. Additional treatment
 requirements would then depend on
 the bin to which a  system was
 assigned. Issues associated with the
 binning approach include: amount of
 monitoring necessary to assign systems
 to bins, appropriate Crypto
 concentrations to demarcate bin
 boundaries, and appropriate  level of
 additional treatment for a given bin.
 EPA is exploring analyses that evaluate
 the impact of these issues on costs and
 benefits. EPA has also considered
 options to reduce the impact on small
 systems.

Anticipated Cost and Benefits:
EPA estimates that the LT2ESWTR will
have an annual economic impact of
$100 million or more. The majority of
people (approximately 67 percent) are
served by public water systems that use
a surface water or ground water under

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            Federal  Register/Vol. 67, No. 236/Monday, December  9, 2002/The Regulatory Plan     74223
the direct influence of surface water.
Thus, a large number of people will
benefit from the LT2ESWTR. In
addition, EPA has recently identified
UV light  as a technology that can
achieve high levels of Cryptosporidium
inactivation at relatively low cost.

Risks:

Approximately 67 percent of consumers
are served by drinking water systems
that use surface water sources or
ground water under the direct influence
of surface water. Survey data indicate
that Cryptosporidium is prevalent in
drinking water sources and current
levels of treatment may not be  adequate
to control highly resistant pathogens
like Cryptosporidium.
Cryptosporidiosis is a potentially fatal
disease in people with weak immune
systems, such as infants, the elderly,
people with AIDS, and people  taking
immune suppressing drugs like cancer
and transplant patients. By requiring
additional treatment for those systems
with  the highest concentrations of
Cryptosporidium in their source waters,
EPA  expects to significantly reduce
current risk.
Timetable:
Action
NPRM
Final Action
Date
06/00/03
07/00/04
FR Cite

 Regulatory Flexibility Analysis
 Required:

 Yes

 Small Entities Affected:

 Businesses, Governmental Jurisdictions,
 Organizations

 Government Levels Affected:

 Federal, State, Local, Tribal

 Federalism:

 This action may have federalism
 implications as  defined in EO 13132.

 Additional Information:

 SAN No. 4341

 Sectors Affected:

 22131 Water Supply and Irrigation
 Systems
Agency Contact:
Dan Schmelling
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202  564-5281
Fax: 202 564-3767
Email: schmelling.dan@epa.gov

Thomas Grubbs
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202  564-5262
Fax: 202 564-3758
Email: grubbs.thomas@epa.gov
RIN: 2040-AD37


EPA

135. 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 goverments 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 address
 concerns about risk trade-offs between
 pathogens and disinfection byproducts.
 This rule could affect all public water
 systems that add a disinfectant to the
 drinking water during any part of the
 treatment  process although the impacts
 may be limited to community water
 systems (CWSs) and nontransient
 noncommunity water systems
 (NTNCWSs). Promulgating the
 LT2ESWTR and the Stage 2 DBPR as
 a paired rulemaking is necessary to
ensure that adequate protection from
microbial risk is maintained while EPA
manages risk from disinfection
byproducts. In developing the Stage 2
DBPR, EPA will analyze a significant
body of new survey data on source
water quality parameters, treatment
data and disinfection byproduct
occurrence. This survey data, which
was collected under the Information
Collection Rule (ICR), Supplemental
Surveys to  the ICR, and additional
research projects, will provide a
substantially more comprehensive and
complete picture of the occurrence of
DBFs and microbiological pathogens
than was available previously. EPA will
also use new information on the health
effects of exposure to DBFs to
determine effective regulatory
requirements for controlling risk. On
March 30,  1999, EPA reconvened a
committee  of stakeholders  under the
Federal Advisory Committee Act
(FACA) to  assist in the development of
these rules and an Agreement in
Principle was signed in September
2000  outlining the proposed rule
options.

Statement of Need:

The purpose of the Stage 2
Disinfectants/Disinfection  Byproducts
Rule  (DBPR) is to reduce potential
health risks posed by disinfection
byproducts (DBFs). Certain DBFs have
been shown in laboratory tests to be
carcinogens or to cause adverse
reproductive and developmental health
effects. In addition, epidemiology
studies have indicated that exposure to
chlorinated water may increase the risk
of bladder cancer, miscarriage, and
certain developmental defects. The
Stage 2 DBPR is designed  to reduce
peak events in DBF exposure in order
to mitigate these potential health risks.

Summary  of Legal Basis:

 Section 1412(bK2)(C) of SDWA, as
 amended in 1996, requires EPA to
 promulgate a Stage 2
 Disinfectants/Disinfection Byproducts
 Rule no later than July 14, 2003.
 Although the 1996 Amendments do not
 require EPA to finalize a Long Term
 2 Enhanced Surface Water Treatment
 Rule along with the Stage 2
 Disinfectants and Disinfection
 Byproducts Rule, Congress did
 emphasize the importance of ensuring
 proper balance between microbial and
 DBF risks  and, therefore, EPA believes
 it is  important to finalize  these rules
 together.

-------
  74224      Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/The Regulatory Plan
 Alternatives:

 EPA is considering various rule
 scenarios to achieve reductions in
 disinfection byproduct exposure. These
 alternatives include: decreasing the
 standard set in the Stage 1 DBPR (0.080
 mg/L total trihalomethanes (TTHM) and
 0.060 mg/L the sum of 5 haloacetic
 acids (HAA5)) by half and maintaining
 a running annual average compliance
 calculation; maintaining 80/60
 TTHM/HAA5 standards but revising
 the compliance calculation to a stricter
 locational running annual average;
 setting the 80/60 TTHM/HAA5
 standard as a never-to-be exceeded
 maximum; and revising the standard
 for bromate which is currently 0.010
 mg/L. EPA has also considered options
 to reduce the impact on small systems.

 Anticipated Cost and Benefits:

 EPA estimates that the Stage 2 DBPR
 will have an annual economic impact
 of $100 million or more. Over 200
 million people are served by public
 water systems that apply a disinfectant
 (e.g., chlorine) to water in order to
 provide protection against microbial
 contaminants and potentially exposed
 to DBFs. Thus, a  large number of
 people will benefit from the Stage 2
 DBPR.

 Risks:

 Over 200 million people are served by
 public water systems that apply a
 disinfectant (e.g., chlorine) to water in
 order to provide protection against
 microbial contaminants. Due to the
 large number of people exposed to
 DBFs, there is a substantial concern for
 any risks  associated with DBFs that
 may impact public health. EPA
 estimates that the Stage 2 DBPR will
 decrease exposure to DBFs on average
 but more importantly, the rule will
 significantly reduce exposure to peak
 occurrences of DBFs.

 Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
06/00/03
07/00/04
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
 4607
 Washington, DC 20460
 Phone: 202 564-5262
 Fax: 202 564-3758
 Email: grubbs.thomas@epa.gov
 RIN: 2040-AD38


 EPA

 136. MINIMIZING ADVERSE
 ENVIRONMENTAL IMPACT FROM
 COOLING WATER INTAKE
 STRUCTURES  AT EXISTING
 FACILITIES UNDER SECTION 316(B)
 OF THE CLEAN WATER ACT, PHASE
 3

 Priority:
 Economically Significant. Major status
 under 5 USC 801 is  undetermined.

 Unfunded Mandates:
 Undetermined

 Legal Authority:
 33 USC 1311 CWA 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) petroleum and coal
 products manufacturing facilities; and
 (5) primary metals manufacturing
 facilities. Section 316(b) of the Clean
 Water Act provides that any standard
 established pursuant to sections 301 or
 306 of the Clean Water Act and
 applicable to a point source shall
 require that the location, design,
 construction, and capacity of cooling
 water intake structures reflect the best
 technology available for minimizing
 adverse environmental impact. A
 primary purpose of this action is to
 minimize the impingement and
 entrainment of fish and other aquatic
 organisms  by cooling water intake
 structures. Impingement refers to
 trapping fish and other aquatic life
 against cooling water intake structures.
 Entrainment occurs when aquatic
 organisms, eggs and larvae are  drawn
 into the cooling system, through the
 heat exchanger, and then pumped back
 out with significant injury or mortality
 to the entrained organisms.

 Statement of Need:
 In the absence of national regulations,
 Permit Directors have regulated cooling
 water intake structures incompletely
 and inconsistently, especially with
 respect to the manufacturing sector. In
 some instances, permit issuance or
 reissuance  has been significantly
 delayed or  permit decisions from 20
 years ago have not been reevaluated.
 Tons of fish and other aquatic
 organisms may be cropped annually as
 a result of cooling water intake
 structures at a single large intake or
 cumulative impact at multiple small
 intakes on the same waterbody. By
 court order, EPA must propose and take
 final action on this regulation. This
 regulation may have substantial
 ecological benefits.

 Summary of Legal Basis:
 This action is required under an
 Amended Consent Decree in
 Riverkeeper Inc. et al. v. Whitman, 93
 Civ. 0314 (AGSHU.S. District Court,
 Southern District  of New York,
 November 21, 2000).

Alternatives:
This analysis will cover various sizes
and types of potentially regulated
facilities. EPA is considering whether
to regulate on a site-specific, waterbody
category, or national basis. EPA is also

-------
            Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/The Regulatory Plan      74225
considering several flow thresholds,
below which the regulation would not
apply.

Anticipated Cost and Benefits:

Costs are not yet determined, but are
expected to exceed $100 million. A
qualitative assessment of benefits at
several large and small facilities
indicates the potential for significant
benefits when intakes are controlled.
Costs and benefits are generally
expected to be smaller at facilities that
use smaller amounts of cooling water.

Risks:

Cooling water intake structures may
pose significant risks for aquatic
ecosystems.

Timetable:
Action
NPRM
Final Action
Date
06/00/03
12/00/04
FR Cite

 Regulatory Flexibility Analysis
 Required:

 Undetermined

 Small Entities Affected:

 Businesses, Governmental Jurisdictions

 Government Levels Affected:

 Federal, State, Local, Tribal

 Additional Information:

 SAN No. 4543

 Sectors Affected:

 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
 and Coal Products Manufacturing; 325
 Chemical Manufacturing; 326 Plastics
 and Rubber Products Manufacturing;
 327 Nonmetallic Mineral Product
 Manufacturing; 331 Primary Metal
 Manufacturing; 332 Fabricated Metal
 Product Manufacturing; 333 Machinery
 Manufacturing; 334 Computer and
 Electronic Product Manufacturing; 335
 Electrical Equipment, Appliance and
 Component Manufacturing; 336
 Transportation Equipment
 Manufacturing; 61131 Colleges,
 Universities and Professional Schools
Agency Contact:
Deborah Nagle
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202  566-1063
Fax; 202 566-1053
Email: nagle.deborah@epa.gov

Debbi Hart
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202  566-6379
Fax: 202 566-1053
Email: hart.debbi@epa.gov
RIN: 2040-AD70


EPA

137. WATERSHED RULE: TOTAL
MAXIMUM  DAILY LOAD (TMDL)
PROGRAM REVISIONS

Priority:
Other Significant

Legal Authority:
33 USC 1313; 33 USC 1329; 33 USC
1342

CFR Citation:
40 CFR 9; 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 130; 40 CFR 131

Legal Deadline:
None

Abstract:
Amend regulations governing the
TMDL program to  ensure that it is
effective and allows for active
participation by all stakeholders
including local governments and
communities. The amendments will
address: the scope and content of the
list of impaired waters required by
section 303(d) of the Clean Water Act,
the scope and content of TMDLs, EPA's
role in helping States establish 303(d)
 lists and TMDLs so that impaired
 waters are restored, and the framework
 for implementing TMDLs provided by
 State CPPs and watershed plans. EPA
 is also proposing revision to the NPDES
 permitting regulations.

 Statement of Need:
 This action will propose a new
 framework for accomplishing the water
 quality planning and management  •
 provisions of the Clean Water Act
 (CWA). EPA believes that this
 framework based on the watershed
 approach will allow jurisdictions ( i.e.,
State, territories and authorized tribes)
to use the Total Maximum Daily Load
(TMDL) program to more effectively
contribute to improving the Nation's
water quality. The proposal recognizes
that the major responsibility for water
quality management resides with these
jurisdictions. The goal of the proposal
is to provide jurisdictions with a
tailored yet flexible approach to water
quality management that meets the
unique needs and situation of each
jurisdiction and of local communities
while at the same time ensuring that
progress is made towards restoring the
Nation's waters so that they attain and
maintain water quality standards. The
proposal revitalizes and strengthens the
Continuing Planning Process (CPP) as
a focus  for a variety of jurisdictions'
water quality planning and
implementation activities. The proposal
seeks to increase TMDL program
flexibility and enhance stakeholder
participation, promote opportunities for
trading, and increase efficiencies in
establishing, approving and
implementing TMDLs. EPA is also
proposing revisions to the NPDES
permit regulations.

Summary of Legal Basis:

These revisions to EPA's TMDL rules
are authorized by, among others,
sections 303(d) and (e) of the CWA
that: (1) require States to identify
impaired waters within their
boundaries and establish TMDLs for
those waters at levels necessary to
implement water quality standards, and
(2) require States to have a continuing
planning process resulting in a plan for
all navigable waters that EPA reviews
from time to time.

Anticipated Cost and  Benefits:

Estimates under development.

Timetable:
 Action
                    Date
                             FR Cite
 NPRM
 Final Action
12/00/02
06/00/04
 Regulatory Flexibility Analysis
 Required:

 No

 Small Entities Affected:

 No

 Government Levels Affected:

 Federal, State, Tribal

 Additional Information:

 SAN No. 4623

-------
  74226     Federal Register/Vol.  67, No. 236/Monday, December  9, 2002/The Regulatory Plan
  Agency Contact:
  Christine Ruf
  Environmental Protection Agency
  Water
  4503T
  Washington, DC 20460
  Phono: 202 566-1220
  Fax: 202 566-1333
  Email: ruf.christine@epa.gov

  Francois Brasier
  Environmental Protection Agency
  Water
  4503T
  Washington, DC 20460
  Phone: 202 566-1214
  Fax: 202 566-1333
  Email: brasier.francoise@epa.gov
  RIN: 2040-AD82

  EPA

  138. • WITHDRAWAL OF TOTAL
  MAXIMUM DAILY LOAD (TMDL)
  PROGRAM REVISIONS
  Priority:
  Other Significant

  Legal Authority:
  33 USC 1313

  CFR Citation:
  40 CFR 9; 40 CFR 122; 40 CFR 123;
  40 CFR 124; 40 CFR 130

  Legal Deadline:
  None

  Abstract:
  EPA is proposing to withdraw the July
  2000 rule, rather than allow it to go
  into effect. EPA believes that significant
  changes would need to be made to the
 July 2000 rule before it could serve as
 the blueprint for an efficient and
 effective TMDL program. Furthermore,
 EPA needs additional time beyond
 April 2003 to promulgate new revisions
 to the TMDL program that will enable
 EPA and jurisdictions to best achieve
 the goals of the Clean Water Act.
 Regulations that EPA promulgated in
 1985 and amended in 1992 would
 remain the regulations in effect for
 implementing the TMDL Program until
 EPA finalizes any future TMDL rules.
 Statement of Need:
 Due to the significant controversy,
 pending litigation and lack of
 stakeholder consensus on key aspects
 of the July 2000 rule, it has become
 apparent to EPA that, as promulgated,
• the July 2000 rule cannot function as
 the blueprint for an efficient and
 effective TMDL program without
 significant revisions. Moreover, the
 existence of the approaching April 30,
 2003, effective date for the July 2000
 rule - a mere eight months away - is
 beginning to act as an unnecessary and
 artificial distraction from an orderly
 completion of the Agency's efforts now
 underway to chart the future direction
 and scope of the TMDL program.
 Consequently, EPA is proposing to
 withdraw the July 2000 TMDL rule so
 that the Agency can proceed in an
 orderly process to revise the TMDL
 rules without concern that those efforts
 will be adversely affected by the July
 2000 rule's effective date.

 Summary of Legal Basis:

 These revisions to EPA's TMDL rules
 are authorized by, among others,
 sections 303(d) and (e) of the CWA
 that: (1) require States to identify
 impaired waters within their
 boundaries and establish TMDLs for
 those waters at levels necessary to
 implement water quality standards, and
 (2] require States to have a continuing
 planning process resulting in a plan for
 all navigable waters that EPA reviews
 from time to time. If the July 2000
 TMDL regulations are not withdrawn,
 they will become effective  on April 30,
 2003.

 Alternatives:

 Whether the July 2000 rule should be
 withdrawn or not.

 Timetable:
Action
                   Date      FR Cite
NPRM
Final Action
12/00/02
03/00/03
Regulatory Flexibility Analysis
Required:

No

Small Entities Affected:

No

Government Levels Affected:

Federal, State, Tribal

Additional Information:

SAN No. 4729
                     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
                     Washington, DC 20460
                     Phone: 202 566-1214
                     Fax: 202 566-1333
                     Email: brasier.francoise@epa.gov
                     RIN: 2040-AD84


                     EPA
                             FINAL RULE STAGE
 139. OVERVIEW OF RULEMAKINGS
 FOR THE PURPOSE OF REDUCING
 INTERSTATE OZONE TRANSPORT

 Priority:
 Economically Significant. Major under
 5 USC 801.

 Legal Authority:
 42 USC 7410

 CFR Citation:
 40 CFR 51

 Legal Deadline:
 None                      ;

 Abstract:
 The Clean Air Act (CAA) requires that
 a State implementation plan (SIP)
 contain provisions to prevent a State's
 facilities or sources from contributing
 significantly to  air pollution that is
 transported downwind to other States,
 exacerbating their inability to meet the
 national ambient air quality standards
 for ozone. Through a two-year effort
 known as the Ozone Transport
 Assessment Group (OTAG) , EPA
 worked in partnership with the 37
 easternmost States and the District of
 Columbia, industry representatives,  and
 environmental groups to address ozone
 precursor and ozone transport. This
multiyear collaboration resulted in the
most comprehensive analysis of ozone
transport ever conducted. The OTAG
 States voted in favor of a range of
strategies to reduce nitrogen oxide
emissions from  utilities and other major
sources. Building on the

-------
            Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/The  Regulatory Plan     74227
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 SIP Call,
but remanded one issue to EPA. EPA
is now addressing the remanded issues
in separate rulemakings (see SAN 4433
and SAN 4679 in today's Regulatory
Agenda). 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 in on March
11, 2002, listing additional items which
were made publicly available. Final
action was published on 5/1/02 (67 FR
21868). In addition to the SIP Call
provisions, Federal Implementation
Plans (FIPs) may also be needed to
reduce regional transport if any affected
State fails to adequately revise its SIP
to comply with the NOx SIP call (see
SAN 4096 in today's Regulatory
Agenda). In addition to the SIP Call
remedy, the Clean Air Act also gave
States the right to petition EPA to take
other Federal action to prevent ozone
transport that affects downwind States.
Accordingly,  under section 126 of the
CAA, eight Northeastern States filed
petitions requesting EPA to make
findings and require decreases in NOx
emissions from

Statement of Need:
It has long been recognized that ozone
transport is a major factor in the
difficulty many States are having in
attaining the clean-air standards .'for
ozone. This was made more clear by
the OTAG analysis outlined above.
Summary of  Legal Basis:
Clean Air Act Section 110 provides the
legal basis for addressing transport of
air pollution.
Alternatives:
The Clean Air Act specifies the SIP Call
process, the FIP process, and the
Section 126 petition process as
alternate approaches to remedying the
problem of ozone transport. EPA
intends to use these alternatives as
appropriate in an integrated program.

Anticipated Cost and Benefits:
As outlined in the Regulatory Impact
Analysis for the NOx SIP Call, the rule
will result hi significant improvements
in premature mortality, chronic asthma,
chronic and acute bronchitis, upper
and lower respiratory symptoms, work
days lost, decreased worker
productivity, visibility in urban and
suburban areas, increases in yields of
commercial forests currently exposed to
elevated ozone levels, and reductions
in loadings of nitrogen to sensitivity
estuaries, helping State and local
government reach target reduction goals
for estuaries such as Chesapeake Bay,
Albermarle-Pamlico Sound  and Long
Island Sound. Due to practical
analytical limitations, we cannot
quantify and/or monetize all potential
benefits of this action. Within these
limitations, the quantified and
monetized benefits were estimated in
the Regulatory Impact Analysis to range
from $1.1 billion to $4.2 billion
annually. Annual costs were estimated
at $1.7 billion. All  figures are in 1990
dollars.

Risks:
The risks addressed by this action are
the likelihood of experiencing
increased health and environmental
effects associated with nonattainment
of the National Ambient Air Quality
Standard for ozone. These effects are
briefly described above in the "costs
and benefits" section, and they are
outlined in detail in the Regulatory
Impact Analysis for the NOx SIP Call.
Timetable:
Action
                   Date     FR Cite
Action
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 Phase II NOx
SIP Call Proposal
(SAN 4433)
Date
10/21/98

10/27/98

05/25/99

01/18/00


08/03/01



02/22/02


FR Cite
63

63

64

65


66



67


FR 56393

FR 57355

FR 28250

FR 2674


FR 40609



FR 8395


NODA Notice of Data 03/11/02  67 FR 10844
  Availability for NOx
  SIP Call/Section126
  Rule
Final Action Data     04/30/02  67 FR 21522
  Harmonization
  (Section 126/NOx
  SIP Call)
Final Action         05/01/02  67 FR 21868
  Response to
  Remands
  Concerning Growth
  Factors
Final Action Final     12/00/02
  Phase II NOx SIP
  Call (SAN 4433)

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
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov

Carla Oldham
Environmental Protection Agency
Air and Radiation
C539-02
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
R1N: 2060-AJ20


EPA

140. CONTROL OF EMISSIONS OF AIR
POLLUTION  FROM NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER

Priority:
Other Significant

Legal Authority:
42 USC 7621 et seq; 42 USC 7542 et
seq

CFR Citation:
40 CFR 94

-------
 74228     Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/The Regulatory Plan
 Legal Deadline:

 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 determine
 whether it is appropriate to apply these
 standards to foreign flag vessels that
 use U.S. ports. The proposed rule set
 out a primary control option of aligning
 emission standards with standards
 included in a pending international
 agreement beginning in 2004. The
 status of the international agreement is
 an issue to consider as we determine
 appropriate final standards. We also
 asked for comment  on a second tier of
 more stringent NOx standards  starting
 in 2007 as well as potential controls
 on sulfur levels in diesel fuel used in
 these vessels. Emissions control from
 marine vessels is important to  various
 port cities as the contribution from
 marine vessels to then- emissions
 inventories is projected to grow as steps
 are taken to reduce  Nox and PM
 emissions from other sources.

 Statement of Need:

 Ozone and particulate pollution pose a
 serious threat to the health and well-
 being of millions  of Americans. This
 rulemaking addresses control measures
 to reduce emissions from large diesel-
 powered marine engines, with  a focus
 on engine controls that can reduce NOx
 emissions. The proposal also asked for
 comments on controlling  sulfur levels
 in diesel fuel used in such vessels,
 which can lead to particulate matter
 reductions.

 Summary of Legal Basis:

 42 USC 7522-7525, 7541-7545,  7547,
 7549, 7550, and 7601(a)

Alternatives:

The proposed rule included extensive
cost and emissions reductions estimates
for one primary option and two
different control scenarios for NOx
emissions - 30 percent, 50 percent, and
80 percent reductions from the
assumed baseline levels associated with
compliance with international
standards. This rule also includes
information regarding costs and
benefits associated with fuel control
options.
 Anticipated Cost and Benefits:

 There are negligible costs and marginal
 unanticipated benefits associated with
 compliance with the baseline control
 scenario included in the proposal as
 engine manufacturers are already
 meeting the specified emission levels
 through application of a pending
 international agreement. The costs and
 benefits of the primary option for a
 second tier of standards are estimated
 to be less than $200/ton for NOx
 control. Cost and benefit information is
 also provided for the alternative
 options as well.

 Risks:

 The risks addressed by this program are
 primarliy those associated with
 nonattainment of the National Ambient
 Air Quality Standards for ozone and
 particulate matter. There are also
 serious public health and welfare
 benefits from controlling emissions
 from these sources,  such as reductions
 in regional haze and acid deposition.

 Timetable:
 Action
                   Date
                            FR Cite
 NPRM
 Final Action
05/29/02 67 FR 37548
01/00/03
 Regulatory Flexibility Analysis
 Required:

 No

 Government Levels Affected:

 Federal

 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
 EPA

 141. 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(a)
 CFR Citation:
 40 CFR 256; 40 CFR 259; 40 CFR 261;
 40 CFR 264

 Legal Deadline:
 None

 Abstract:
 In December 1993, EPA submitted a
 Report to Congress with its findings on
 the nature and management practices
 associated with cement kiln dust
 (CKD). In 1995, EPA determined that
 some additional control of CKD was
 needed and published a regulatory
 determination (60 FR  7366, 2/7/95).  On
 August 20, 1999, EPA issued a
 proposed rule (64 FR 45632) outlining
 the Agency's preferred regulatory
 approach (i.e., an exemption from
 hazardous waste listing for properly
 managed CKD) and several optional
 approaches including  requirements
 solely under RCRA  Subtitle D. On July
 25, 2002, the Agency published a
 Notice of Data Availability to announce
 the availability for public inspection
 and comment of recently acquired data
 on CKD. The Agency is considering an
 approach whereby it would finalize
 protective CKD management standards.

 Statement of Need:
 EPA issued a regulatory  determination
 finding that additional control of CKD
 was warranted. The Agency stated that
 its concerns about the potential harm
 to human health and the environment
 posed by some  CKD suggest the need
 for some level of regulation under
 RCRA  Subtitle C authority. The Agency
 is now considering an approach
 whereby it would finalize protective
 CKD management standards. Active
 consideration of the proposed
 mismanagement-based listing would be
 temporarily suspended for a period of
 three to five years. During this time
EPA would collect data to evaluate the
 effectiveness of CKD management
practices and States' regulatory
programs. If after its evaluation the
Agency deems CKD  management
practices and States' regulatory
programs to be effective in protecting
human health and the  environment, the
Agency would formally withdraw the

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            Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan      74229
Subtitle C portion of the 1999 proposal
and would revisit the 1995 CKD
regulatory determination. Otherwise, if
the Agency deems CKD management
practices and State regulatory programs
to be ineffective after this period, the
Agency would pursue regulation of
mismanaged CKD under RCRA Subtitle
C.

Summary of Legal Basis:
There are no applicable statutory or
judicial deadlines for the CKD
rulemaking effort. However, section
3001(b)(3)(C) of RCRA contemplates a
rule in light of the Administrator's 1995
determination that further regulation of
CKD was warranted.

Alternatives:
In the 1995 Regulatory Determination,
the Agency stated its concerns about
the potential harm to human health and
the environment posed by some CKD
suggest the need for some level of
regulation under RCRA subtitle
authority. Although the Agency is
considering issuing the protective CKD
management standards as a RCRA
subtitle D rule, if after a three- to five-
year evaluation period the Agency
deems CKD management practices and
State regulatory programs to be
ineffective, the Agency would pursue
regulation of mismanagement CKD
under RCRA subtitle C.

Anticipated Cost and Benefits:
The Agency estimated the proposed
rule would affect the economy by less
than $100 million per year. EPA also
estimated that the proposed rule may
result in a reduced risk of 0.0004 to
0.003 cancer cases per year (best
estimate - 0.0006) and 29 to 315 fewer
persons (best estimate - 43) exposed to
potential noncancer health effects due
to food chain exposures (i.e.,
vegetables, beef, and/or milk) to
"backyard" gardeners and subsistence
farmers. In addition, the population
analysis indicated that between 669
and 5,895 recreational fishers (best
estimate - 999) would avoid exposure
to contaminant levels that may result
in noncancer health effects. The
population analysis indicated that 18 to
4,118 individuals (best estimate - 2,378)
would avoid exposure to particulate
matter in excess of the National
Ambient Air Quality Standards
(NAAQS). The rule should also help
prevent contaminated CKD leachate
from impacting groundwater  resources.

Risks:
For the 1993 Report to Congress and
1995 Regulatory Determination, the
 Agency modeled individual risks from
 direct and indirect pathways for 83
 plants. The Agency concluded that the
 risks from direct pathways (i.e.,
 drinking water ingestion, incidental
 ingestion, and chemical inhalation)
 were low or negligible. The Agency
 caveated these conclusions by noting
. that (1) about half of the plants are
 underlain by limestone formations in
 areas of karst landscape and may be
 susceptible to fissures and hydraulic
 characteristics that allow leachate to
 directly enter groundwater without
 dilution or attenuation and cannot be
 modeled with current techniques; (2)
 empirical evidence indicated
 groundwater contamination in areas of
 both karst and non-karst terrain; and
 (3) modeling results for fine particulate
 emissions for 28 cement plants out of
 52 modeled may have exceedances of
 NAAQS at plant boundaries and may
 result in risks from fine particulate
 inhalation at nearby residences.

 For the indirect pathways, the Agency
 concluded that releases from about 12
 percent of the 83 plants studied may
 result in cancer risks  greater than 1x10-
 5 for highly exposed individuals (i.e.,
 subsistence fishers and subsistence
 farmers). Similarly, the Agency
 concluded that releases from about 12
 percent of the 83 plants may result in
 noncancer hazard ratios greater than 1.0
 for highly exposed individuals.

 Timetable:
 Action
                    Date
                            FR Cite
 Notice Regulatory
   Determination
 NPRM
 Notice of Data
   Availability
 Final Action
02/07/95 60 FR 7366

08/20/99 64 FR 45632
07/25/02 67 FR 48648

06/00/03
 Regulatory Flexibility Analysis
 Required:

 No

 Small Entities Affected:

 Businesses

 Government Levels Affected:

 Federal, State

 Additional Information:

 SAN No. 3856

 Sectors Affected:

 32731 Cement Manufacturing
Agency Contact:
Anthony Carrell
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-0458
Fax: 703 308-8686
Email: carrell.anthony@epa.gov

Steve Souders
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epa.gov
RIN: 2050-AE34


EPA

142. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES

Priority:
Other Significant

Legal Authority:
42 USC 6905; 42 USC 6912; 42 USC .
6924; 42 USC 6925; 42 USC 6927; 42
USC 6974

CFR Citation:
40 CFR 124; 40 CFR 267; 40 CFR 270

Legal Deadline:
None

Abstract:
EPA has proposed creating a new type
of general permit, called a standardized
permit, for facilities that generate waste
and routinely manage the waste on-site
in tanks, containers, and containment
buildings. Under the standardized
permit, facility owners and operators
would certify compliance with generic
design and operating conditions set on
a national basis. The permitting agency
would review the certifications
submitted by the facility owners and
operators. The permitting agency would
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

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74230     Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/The Regulatory Plan
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.

Statement of Need:

The Agency convened a special task
force in 1994 to look at permitting
activities throughout its different
programs and to make specific
recommendations to  improve these
permitting programs. This task force,
known as the Permits Improvement
Team (PIT), spent two years working
with stakeholders from the Agency,
State permitting agencies, industry, and
the environmental  community. The PIT
stakeholders mentioned, among other
things, that permitting activities should
be commensurate with the complexity
of the activity. The stakeholders felt
that current Agency permitting
programs were not flexible enough to
allow streamlined procedures for
routine permitting  activities. Currently,
facilities that store, treat, or dispose of
hazardous waste must obtain site-
specific "individual" permits
prescribing conditions for each "unit"
(e.g., tank, container  area, etc.) in
which hazardous waste is managed.
Experience gained  by the Agency and
States over the past 165 years has
shown that not all  the waste
management activities are at the same
level of complexity. Some  activities,
such as thermal treatment or land
disposal of hazardous wastes, are more
complex than storage of hazardous
waste. The Agency believes that
thermal treatment and land disposal
activities continue  to warrant
"individual" permits, prescribing unit-
specific conditions. However, the
Agency believes that some
accommodation can be made for
hazardous waste management practices
in standardized units such as tanks,
container storage areas, and
containment buildings. In April 1996,
the PIT tentatively recommended,
among other things, that regulations be
developed to allow "standardized
permits" for on-site storage and
nonthermal treatment of hazardous
waste in tanks, containers, and
containment buildings. On October 12,
2001, the Agency proposed revising the
RCRA regulations to  allow for this type
of permit, and is preparing to finalize
the rule.
Summary of Legal Basis:
Facilities that manage hazardous waste
are required under RCRA to obtain a
permit and carry out corrective action
as necessary (see: RCRA Section 3004,
3005, 3008, and 3010). EPA has
discretion under these statutory
provisions to apply different permitting
procedures to different types of
facilities. No aspect of this streamlining
action is required by court order.

Alternatives:
EPA considered several options
regarding RCRA permits and corrective
action alternatives. The Agency
proposed to limit the scope of the  rule
to facilities that generate waste and
manage it on-site, but asked for
comment on whether to expand that
scope to facilities that manage wastes
generated off-site. The Agency also
asked for comment on the option of
allowing a facility's RCRA corrective
action activities to be postponed if
corrective action is being carried out
under an approved state remedial
program.

Anticipated Cost and Benefits:
The RCRA standardized permit is  an
optional rule designed to streamline the
regulatory burden to EPA/States, as
well as to private sector facilities
covered by the rule, by reducing the
amount of information collected,
submitted, and reviewed for RCRA
hazardous waste permit actions (i.e.,
new permit applications, permit
modifications, and permit renewals).
Because the rule proposed to streamline
existing RCRA regulation, rather than
add new RCRA regulation,
implementation of the rule by the  EPA
and by States with EPA-authorized
permitting programs is expected to
result in economic benefits in the  form
of national cost savings from reducing
both government and private sector
resources required for the RCRA permit
process. The national workload level of
RCRA permit actions involving on-site
hazardous waste storage and
nonthermal treatment units has
averaged 92 permit determinations per
year over the 10-year period 1990-1999.
Relative to this average annual
workload, EPA estimates that the
potential average annual cost savings to
eligible facilities from implementation
of this rule will range from
approximately $100 to $5,800 (i.e., 2
to 140 burden hours) per permit action,
depending on such things as the type
of permit and the type of storage
equipment. On a national basis, the
rule is expected to generate a minimum
of $0.36 to $0.53 million in average
annual paperwork cost savings, based
on the scope of the proposed rule,
which was limited to on-site waste
management facilities. However, the
final rule may expand the initial scope
of eligible facilities, which could easily
double or triple the  national cost
savings benefits (i.e., $1.1 to $1.6
million per year in cost savings).

Risks:
The purpose of this  rule is to
streamline  existing RCRA permit
application and issuance procedures to
achieve national paperwork burden
reduction. Because of the facts that
facilities covered by this rule: (a) are
currently already required to obtain
RCRA permits, and (b) are relatively
simple to design, install/construct,
operate, and clean-close, this rule is
expected to have minimal incremental
effects on existing levels of human
health and environmental risk for these
types of hazardous waste management
facilities.
Timetable:	
Action             Date     FR Cite
NPRM
Final Action
10/12/01  66 FR 52191
05/00/03
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

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            Federal Register/Vol. 67, No. 236/Monday,  December  9, 2002/The Regulatory Plan      74231
EPA

143. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT

Priority:
Other Significant

Legal Authority:
42 USC 6907; 42 USC 6912(a); 42 USC
6921;  42 USC 6922; 42 USC 6923; 42
USC 6924; 42 USC 6925; 42 USC 6926;
42 USC 6927; 42 USC 6930; 42 USC
6934;  42 USC 6935; 42 USC 6937; 42
USC 6938; 42 USC 6939; ...

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 (67 FR 2518, 1/17/02) 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.

Statement of Need:
The Paperwork Reduction Act of 1995
establishes a federal government-wide
goal to reduce the paperwork and
reporting burden it imposes. The RCRA
Burden Reduction Initiative Proposed
Rulemaking makes the regulatory
changes necessary to meet this goal.

Summary of Legal Basis:
This action is not required by statute
or court order.

Alternatives:
Reducing recordkeeping and reporting
will require changes in our regulations.
There was no alternative to doing a
rulemaking. The Agency sought
opinions from the regulated community
on various burden reduction
possibilities.

Anticipated Cost and Benefits:
Our cost-benefit analysis showed a
savings of $12.0 million and 929,000
hours.  The rule will have minimal
impact on the protectiveness of the
RCRA regulations. It will eliminate or
streamline paperwork requirements that
are unnecessary because they add little
to the protectiveness of the RCRA
regulations.

Risks:
The rule will have no risk impacts.
Timetable:
Action
Notice of Data
Availability
NPRM
Final Action
Date FR Cite
06/18/99 64 FR 32859
01/17/02 67 FR 2518
05/00/03
Regulatory Flexibility Analysis
Required:
No

Small Entities Affected:
No

Government Levels Affected:
Federal, State, Local, Tribal

Additional Information:
SAN No. 4084

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


EPA

144. 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, October 30, 2004,
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

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 74232      Federal Register/Vol. 67,  No. 236/Monday, December 9, 2002/The Regulatory Plan
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Statement of Need:
Public water systems (PWSs) that use
ground water as their sole source of
water, as opposed to surface water
PWSs, are not federally regulated as to
treatment for microorganisms. There is
data that indicates that a number of
ground water PWSs are contaminated
with microorganisms of fecal origin that
can and have caused illness.
Summary of Legal Basis:
Section 1412(bX8) of the Safe Drinking
Water Act requires that EPA develop
regulations specifying the use of
disinfectants for ground water systems
as necessary and "...(as part of the
regulations) promulgate criteria...to
determine whether disinfection shall be
required as a treatment technique for
any public water system served by
ground water.
Alternatives:
EPA considered four regulatory
alternatives in the development of the
GWR proposal; the proposed regulatory
alternative (multi-barrier option), the
sanitary survey option, the sanitary
survey and triggered monitoring option,
and the across-the-board disinfection
option. All options include the sanitary
survey provision. The sanitary survey
option would require the primacy
agency to perform surveys every three
to five years, depending on the type
of system. If any significant deficiency
is identified, a system is required to
correct it. The sanitary survey and
triggered monitoring option adds a
source water fecal indicator monitoring
requirement triggered by a total
coliform positive sample in the
distribution system. The multi-barrier
option, which was proposed by EPA,
adds a hydrogeologic sensitivity
assessment to these elements which, if
a system is found to be sensitive,
results in a routine source water fecal
indicator monitoring requirement. The
multi-barrier option and the sanitary
survey and triggered monitoring
options are targeted regulatory
approaches designed to identify wells
that are fecally contaminated or are at
a high risk for contamination. These
across-the-board  disinfection option
would require all systems to install
treatment instead of trying to identify
only the high risk systems; therefore,
it has no requirement for sensitivity
assessment or microbial monitoring.

Anticipated Cost and Benefits:

EPA estimates the cost of the proposed
GWR will be $183 million dollars per
year (using a 3 percent discount rate).
More than half of the estimated costs
are for corrective actions which systems
will be required to take to fix or
prevent fecal contamination. The
remainder of the costs are due to
increased scope  and frequency of
sanitary surveys, hydrogeologic
sensitivity assessments and source
water monitoring. System costs are
expected to be $162 million per year
for implementation of the GWR. States
are expected to incur costs of $21
million per year. Cost estimates do not
include land acquisition, public
notification or the potential cost of
illness due to exposure to disinfection
byproducts. The total estimated value
of these benefits is $205 million per
year, $139 million from avoided illness
and $66 million from avoided deaths.
These benefits are monetized based on
a cost of illness and a value of
statistical life. These estimates  do not
include pain and suffering associated
with viral and bacterial illness  avoided
outbreak response costs (such as the
costs of providing public health
warnings and boiling drinking water),
and possibly the avoided costs  of
averting behavior and reduced
uncertainty about drinking water
quality.

Risks:

EPA estimates that currently over
200,000 illnesses and 18 deaths occur
each year due to viral and bacterial
contamination of public ground water
systems. Children, the elderly and the
immunocompromised are particularly
sensitive to the waterborne pathogens
and account for between 20 and 30
percent of the illnesses and deaths. As
proposed, the GWR is expected to
reduce the total number of illness by
115,000 and the total number of deaths
by 11 each year. The GWR in
Conjunction with the Surface Water
Treatment Rule (SWTR), Total Coliform
Rule (TCR) the Interim Enhanced
Surface Water Treatment Rule
(IESWTR), the Filter Backwash Rule
(FBR) and the Long Term Enhanced
Surface Water Treatment Rules
(LT1ESWTR & LT2ESWTR) will
provide protections to the consumers of
public -water supply systems from
waterborne pathogens.
Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
05/10/00
08/00/03
                          65 FR 30194
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 rule: After
August 6, 1999, but before the
Administrator promulgates a Stage II
rulemaking for disinfection byproducts
(currently scheduled for October 2004).

Sectors Affected:
22131 Water Supply and Irrigation
Systems

Agency Contact:
Crystal Rodgers
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-5275
Fax: 202 564-3767          ,          ,
Email: rodgers.crystal@epa.gov

Tracy Bone
Environmental Protection Agency
Water
4607M
Washington, DC 20460                1
Phone: 202 564-5257
Fax: 202 564-3767
Email: bone.tracy@epa.gov
RIN: 2040-AA97
EPA

145. 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.

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             Federal Register/Vol. 67, No. 236/Monday,  December  9, 2002/The  Regulatory Plan     74233
 Le|M Authority:
 33 USC 1311CWA 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 rule
 will cover sites not currently covered
 by previous metals effluent limitations
 guidelines and will update 20 year old •
 regulations to reflect changes in process
 control and pollution prevention
 practices. The deadlines and timetable
 apply to the consolidated Phase 1 and
 2 rulemaking.

 Statement of Need:
 Roughly a quarter of the facilities in
 this industry are currently regulated by
 national effluent limitations guidelines.
 Many facilities have inadequate
 wastewater treatment, in terms of best
 available technology. Current effluent
 limitations guidelines for parts of this
 industry were developed 20 years ago
 and do not always reflect current
practices of pollution prevention and
wastewater treatment. The MP&M rule
 enhances protection of public health
and the environment by reducing the
 discharge of toxic metals and organics
into the environment.

Summary  of Legal Basis:
The Clean Water Act requires EPA to
establish effluent limitations guidelines
 and pretreatment standards to limit the
 pollutants discharged from point
 sources. In addition, EPA is bound by
 a provision in a Consent Decree entered
 in settlement of Natural Resources
 Defense Council et al. v. Whitman
 (D.D.C. No. 89-2980) to propose
 regulations for this industry by October
 2000.

 Alternatives:
 The Agency is deliberating on final
 regulatory options. Estimates of costs
 and benefits are not available at the
 time EPA prepared this entry for the
 Regulatory Plan.

 Anticipated Cost and Benefits:
 The Agency is deliberating on final
 regulatory options. Estimates of risk
 and risk reduction are not available at
 the time EPA prepared this entry for
 the Regulatory Plan.

 Risks:
 EPA estimates that compliance with
 this regulation will reduce the annual
 discharge of conventional pollutants by
 at least 115 million pounds, priority
 pollutants by 12 million pounds, and
 non-conventional metal and organic
 pollutants by 43 million pounds. These
 reductions represent significant
 improvements in water quality. The
 amounts are substantial in terms of
 point source controls.
 Timetable:
Action
                   Date
                            FR Cite
NPRM (Phase 1)     05/30/95  60 FR 28210
NPRM (Consolidated  01/03/01  66 FR 424
  Phase 1 and 2)
NODA             06/05/02  67 FR 38752
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

Sectors Affected:
332 Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product  Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture'*and
Related Product Manufacturing; 339
Miscellaneous Manufacturing
 Agency Contact:
 Shari Barash
 Environmental Protection Agency
 Water
 4303T
 Washington, DC 20460
 Phone: 202 566-0996
 Fax; 202 566-1053
 Email: barash.shari@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-AB79


 EPA

 146. NATIONAL POLLUTANT
 DISCHARGE ELIMINATION SYSTEM
 PERMIT REGULATION AND
 EFFLUENT GUIDELINES AND
 STANDARDS FOR CONCENTRATED
 ANIMAL FEEDING OPERATIONS
 (CAFOS)

 Priority:
 Economically Significant. Major under
 5 USC 801.

 Unfunded Mandates:
 This action may affect the private
 sector under PL 104-4.

 Legal Authority:
 33 USC 1311 CWA sec 301; 33 USC
 1314 CWA sec 304; 33 USC 1316 CWA
 sec 306;  33 USC 1317 CWA sec 307;
 33 USC 1318 CWA sec 308; 33 USC
 1342 CWA sec 402; 33 USC 1361 CWA
 sec 501

 CFR Citation:
 40 CFR 122.23; 40 CFR 412

 Legal Deadline:
 NPRM, Judicial, December 15, 2000,
 Effluent guidelines and standards only.
 Final, Judicial, December 15, 2002,
 Effluent guidelines and standards only.

Abstract:
 Concentrated animal feeding operations
 (CAFOs)  are covered by existing
 effluent guidelines at 40 CFR 412 and
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 CAFOs. Feedlot
operations are substantial contributors
of nutrients in surface waters that have

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74234     Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/The Regulatory Plan
severe anoxia (low levels of dissolved
oxygen) and problem algae blooms.

Statement of Need:
The existing CAFO regulations were
promulgated in the 1970's. Since that
time, the animal production industry
has changed significantly, and revisions
to those regulations are appropriate.
Contamination of surface water results
from breaches of lagoons, runoff from
feedlots, direct contact of animals with
surface water, and manure applied to
land in excess of crop nutrient needs.
Nutrients, most notably nitrogen and
phosphorus, are essential for profitable
crop and animal agriculture. However,
nitrogen and phosphorus export in
watershed runoff can accelerate the
eutrophication of surface waters. Rapid
growth and intensification of animal
production  in many areas has created
regional imbalances  in nutrient inputs
and nutrient output. In many of these
areas nutrients produced in animal
manure exceed crop needs and pose
risks to the environment.

Summary of Legal Basis:
The Clean Water Act (CWA) authorizes
EPA to establish and to revise if
appropriate effluent  limitations
guidelines and standards to regulate the
quality of point source discharges. The
Act also authorizes EPA to promulgate
implementating regulations for NPDES
permitting program.EPA is also
required to  revisit these effluent
guidelines to satisfy a provision in a
Consent Decree entered in settlement of
Natural Resources Defense Council et
al v. Whitman, (D.D.C No.  89-2980).

Alternatives:
The CWA requires effluent guidelines
to be established on a technology basis.
EPA generally bases limitations on the
performance of specific technology
levels, such as the best available
technology  economically achievable.
For animal  feeding operations, EPA is
considering a range of regulatory
alternatives that includes management
practices, traditional pollution control
technologies, and alternative
technologies/practices that recover the
energy value or alter the handling
/marketability characteristics of animal
wastes. EPA is also considering
whether alternative pollution control
requirements should be established for
smaller animal feeding  operations. The
NPDES regulation for CAFOs defines
which facilities are covered by the
permit regulation, and will specify the
permit requirements  necessary to
protect water quality. EPA is
considering adding additional animal
types to its definition, and is
considering amending the size facility
or conditions that define which
facilities are CAFOs subject to
permitting. Requirements that
specifically address land application of
manure are also being considered.

Anticipated Cost and Benefits:

The Agency is deliberating on final
regulatory options. Estimates of costs
and benefits are not available at the
time this Regulatory Plan was prepared.

Risks:

The regulatory changes under
consideration will reduce adverse water
quality impacts caused by runoff from
animal feeding operations, thereby
reducing risks to aquatic habitat and
public health.
Timetable:
Action
NPRM
NODA
NODA
Final Action
Date
01/12/01
11/21/01
07/23/02
12/00/02
FR Cite
66 FR 2959
66 FR 58556
67 FR 481 07
Regulatory Flexibility Analysis
Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

Federal, State, Local, Tribal

Additional Information:

SAN No. 4153

Sectors Affected:

11221 Hog and Pig Farming; 11232
Broilers and Other Meat Type Chicken
Production; 11231 Chicken Egg
Production; 112112 Cattle Feedlots;
11212 Dairy Cattle and Milk
Production; 11241 Sheep Farming;
11233 Turkey Production; 11292 Horse
and Other Equine Production; 11239
Other Poultry Production
Agency Contact:
Paul Shriner
Environmental Protection Agency
Water
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          ,.      ,   .


EPA

147. 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, August 28, 2003.

Abstract:
This rulemaking affects, at a minimum,
existing electricity generating facilities
that employ cooling water intake
structures and whose intake flow levels
exceed a minimum threshold to be
determined by EPA during the
rulemaking. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to sections 301  or
306 of the Clean Water Act and
applicable to a point source shall
require that the location,  design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A

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            Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/The Regulatory Plan      74235
primary purpose of the rulemaking is
to minimize any adverse environmental
impact that may be associated with the
impingement and entrainment of fish
and other aquatic organisms by cooling
water intake structures. Impingement
refers to trapping fish and other aquatic
life on intake screens or similar devices
where they may be injured or killed.
Entrainment occurs when smaller
aquatic organisms, eggs, and larvae are
drawn into a cooling system, and then
pumped back out, often with significant
injury or mortality due to heat, physical
stress or exposure to  chemicals.

Statement of Need:
In the absence of national regulations,
Permit Directors have implemented
cooling water intake  limitations
incompletely and inconsistently and, in
some cases, permit issuance or
reissuance has been significantly
delayed. Tons of fish and other aquatic
organisms may be cropped annually as
a result of cooling water intake
structures at a single  large facility. By
court order, EPA must propose and take
final action on this regulation. This
regulation may have  substantial
ecological benefits.

Summary of Legal Basis:

This action is required under  an
Amended Consent Decree in
Riverkeeper Inc. et al. v. Whitman, 93
Civ. 0314 (ACS) (U.S. District Court,
Southern District of New York,
November 21, 2000].

Alternatives:
The analysis will cover various sizes,
types of potentially regulated  facilities,
and control technologies. EPA is
considering whether  to regulate site-by-
site, nationally, or on the basis of broad
categories of water body types.

Anticipated Cost and Benefits:
Costs are estimated in the proposal to
be $182 million annually (capital and
compliance). The benefits of the
proposed rule are approximately $700
million. Costs and benefits are
generally, as expected, smaller at
facilities that use smaller amounts of
cooling water.

Risks:
Cooling water intake  structures may
pose significant risks for aquatic
ecosystems.
Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
04/09/02 67 FR 17122
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

Sectors Affected:
22111 Electric Power Generation

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

Debbi Hart
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-6379
Fax: 202 566-1053
Email: hart.debbi@epa.gov
RIN: 2040-AD62


EPA

148. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE

Priority:
Other Significant. Major status under 5
USC 801 is undetermined.

Legal Authority:
PL 104-13; PL 105-277

CFR Citation:
40 CFR 3 (New); 40 CFR 9 (Revision)

Legal Deadline:
None

Abstract:
As proposed, the Cross-Media
Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR) was
intended to provide a uniform legal
framework for paperless electronic
reporting and recordkeeping, including
electronic signature/certification, across
EPA's environmental compliance
programs. Based on public comment,
however, EPA now plans to focus on
finalizing the electronic reporting
 components of proposed CROMERRR,
 and to defer further action on the
 electronic recordkeeping components
 until a later time. Under current plans,
 the final electronic reporting (ER) rule
 will address electronic reporting by
 companies regulated under all of EPA's
 programs: air, water, pesticides, toxic
 substances, wastes, and emergency
 response. The final rule would remove
 existing regulatory obstacles to
 electronic reporting, and it would set
 requirements for companies choosing to
 report electronically. In addition, the
 rule would set the conditions for
 allowing electronic reporting under
 State, tribal or local environmental
 programs that operate under EPA
 authorization.
 The final ER rule is intended to make
 electronic reporting as simple, efficient,
 and cost-effective as possible for
 regulated companies, while ensuring
 that a transition from paper to
 electronic reporting does not
 compromise EPA's compliance and
 enforcement programs. Consequently,
 the Agency's strategy is to impose as
 few specific requirements as possible,
 and to keep those requirements neutral
 with respect to technology, so the rule
 will pose no obstacles to adopting new
.technologies as they emerge.
 To ensure that authorized programs at
 the State, tribal, and local levels  meet
 EPA's electronic reporting goals, the
 final ER rule would specify a set of
 criteria that these program s must
 satisfy as they initiate electronic
 reporting. In response to public
 comments, EPA is also planning  to
 include provisions for a streamlined
 process for EPA to review and approve
 authorized program revisions or
 modifications  to allow electronic
 reporting.

 Statement  of Need:
 EPA is required by the Government
 Paperwork Elimination Act (GPEA) of
 1998 to make the option of electronic
 reporting and recordkeeping available,
 where practicable, to its regulated
 community by 2003. To meet this
 deadline and comply with GPEA, EPA
 believes that it needs to put a new legal
 framework in place by that time at least
 for electronic reporting. A final ER rule
 would provide for this legal framework
 by: (1) removing legal obstacles to
 electronic reporting posed by explicit
 references to paper and paper-based
 processes in EPA regulations;  and (2)
 assuring  that electronically submitted
 documents will have the same legal
 and evidentiary force as their paper
 counterparts, whether the submission is

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74236     Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/The Regulatory Plan
directly to EPA or under an EPA-
authorized program.
Summary of Legal Basis:
Government Paperwork Elimination Act
(GPEA) of 1998. GPEA requires Federal
agencies to provide, where practicable,
the option of electronic reporting and
recordkeeping to their regulated
communities by 2003.

Alternatives:
One alternative to an EPA cross-media
ER rule that applies to  most compliance
reports under 40 CFR would be
individual rulemakings by each of the
program offices. EPA's  past experience
with program-by-program ER
rulemakings has demonstrated that
such an approach would not bring EPA
into compliance with GPEA by the
2003 deadline. EPA also considered the
use of guidance instead of rulemaking,
but rejected this alternative based
principally on a concern that program
enforceability depends  greatly  on the
ability to mandate a certain level of
functionality for systems that will be
used to receive electronic reports and
other electronic documents.
Anticipated Cost  and Benefits:
EPA received a number of comments
on the assumptions used to generate
the cost and benefit estimates for the
electronic reporting components of
proposed CROMERRR;  based on this
feedback, EPA decided to develop a
new analysis of the costs and benefits
for the final ER rule. As a part  of this
effort, EPA has conducted extensive
follow-up interviews with commenters,
reevaluated existing sources of
information, and conducted new
market research on ER technologies.
The results have led to revisions in
certain of the assumptions associated
with the CROMERRR proposal that bear
on the ER rule=s costs and benefits to
State and local governments, to
regulated entities, and to the federal
government. For example, with respect
to State and local governments,
proposed CROMERRR had assumed
that the costs and benefits of electronic
reporting under authorized programs
could be attributed entirely to the rule.
EPA has since learned that a significant
number of electronic reporting systems
already operate under such programs;
correspondingly, the ER rule cannot
take credit for the costs and benefits
of electronic reporting in such cases,
but only for the costs or benefits that
result from changes that occur as a
result of the rule. With respect to
regulated entities, EPA had had to
adjust a number of assumptions
associated with electronic signature
requirements, including those related to
the number of registered signature-
holders at each facility, and the
availability of acceptable alternatives to
Public Key Infrastructure- based
electronic signature approaches in
many instances. EPA is also refining its
estimate of the number of potentially
affected regulated entities.  With respect
to the federal government,  EPA has
reconsidered the general costs and
benefits of electronic reporting based
on experience operating EPA's Central
Data Exchange and other EPA systems,
and based also on an in-depth analyses
of business processes and associated
costs for several major EPA programs
implementing electronic reporting.
Based on these and other revisions to
our assumptions, EPA has developed
preliminary new cost/benefit results.
They indicate that regulated entities
will accrue modest net benefits from
the ER rule; state and local government
agencies will break even or  experience
modest benefits; and EPA will
experience modest benefits. Concerning
regulated entities in particular, the
costs of the ER rule for those that use
web forms would be negligible, insofar
as EPA intends to provide the web
forms and signature capabilities
needed. For, entities that use some form
of file exchange B in XML, flat file,
or other format B EPA anticipates that
entities would incur additional up-front
costs, but the savings would be larger
over time, given the greater
opportunities to fully automate the
reporting functions. Qualitative benefits
of electronic reporting were also
identified, including: enhanced data
quality, faster public access to
submitted data, better tracking of
compliance submissions, and
opportunities for reengineering current
paper processes.
Finally, comments on the CROMERRR
also indicated the need for substantial
reworking of the cost and benefit
analyses with respect to the electronic
record-keeping components of the
proposal. Given EPA's current focus on
electronic reporting, EPA will defer
additional economic analysis in this
area until we resume work on
electronic recordkeeping.

Risks:
The risks are undetermined.
Timetable:
Action
                   Date
                            FR Cite
NPRM Resubmittal
Final Action
08/31/01  66 FR 46161
05/00/03
Regulatory Flexibility Analysis
Required:
No

Small Entities Affected:
Businesses, Governmental Jurisdictions

Government Levels Affected:
Federal, State, Local, Tribal

Federalism:
Undetermined

Additional Information:
SAN No. 4270

Agency Contact:
Evi Huffer
Environmental Protection Agency
Office of Environmental Information
2823T
Washington, DC 20460
Phone: 202 566-1697
Fax: 202 401-0182
Email: huffer.evi@epa.gov

David Schwarz
Environmental Protection Agency
Office of Environmental Information
2823T
Washington, DC 20460
Phone: 202 566-1704
Fax: 202 401-0182
Email: schwarz.david@epa.gov
RIN: 2025-AA07
BILLING CODE 6560-50-S

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 75168
Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/Unified Agenda
 ENVIRONMENTAL  PROTECTION  AGENCY (EPA)
 ENVIRONMENTAL PROTECTION
 AGENCY (EPA)

 40 CFR Ch. I

 FRL-7390-2

 Fall 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 OR TO MAKE
 GENERAL SUGGESTIONS CONTACT: If you
 have questions or comments about a
 particular action, please get in touch
 with the agency contact listed in each
 Agenda entry. If you have general
 questions about or suggestions for
 improving the Agenda or questions
 about EPA's decision making process,
 please contact: Phil Schwartz (1806A),
 Environmental Protection Agency, 1200
 Pennsylvania Avenue NW., Washington,
 DC 20460; phone: (202)564-6564; e-
 mail: schwartz.philip@epa.gov  .
 SUPPLEMENTARY INFORMATION:
 Table of Contents
 a.  What Is EPA's Overriding Objective
  in Developing Regulations and
  Policies and What Key Principles
  Drive EPA's Rulemaking and
  Policymaking Process?
b.  What External Controls Help Shape
  the Agency's Regulatory Development
  Efforts?
c.  How Can You Effectively Participate
  in EPA's Decisionmaking Process?
d.  What is the Relationship Between
  the Regulatory Agenda and the
  Regulatory Plan?
e.  What Actions Are Included in the
  Agenda?
f. How Is the Agenda Organized?
                        g. What Information Is in Agenda
                         Entries?
                        h. What Tools Are Available To Help
                         You Quickly Identify Actions of
                         Interest?
                        i. How Can You Get Federal Register
                         Documents and EPA Guidance and
                         Interpretive Documents via the
                         Internet?
                        j. What Is the New EPA Dockets
                         (EDOCKET) System?
                        k. What Special Attention Do We Give
                         to the Impacts of Rules on Small
                         Businesses, Small Governments, and
                         Small Nonprofit Organizations:
                        1. Acknowledgment of Participants in
                         the Rulemaking Process
                        A. What Is EPA's Overriding Objective
                        in Developing Regulations and Policies
                        and What Key Principles Drive EPA's
                        Rulemaking and Policymaking Process?
                         EPA must ensure that the Nation's
                        system of regulatory and nonregulatory
                        environmental controls is even-handed,
                        cost-effective and fully protective of
                        human health and the environment. Key
                        to this objective is our  commitment to
                        prepare high quality scientific,
                        economic, and policy analyses which
                        form the foundations of our regulations.
                        These efforts are paramount, because
                        success is measured in the credibility of
                        our decisions and ultimately our
                        effectiveness in protecting human
                       health and the environment. With this
                       in mind, appropriate scientific,
                        economic and policy analyses must be
                       planned and initiated at early stages in
                       the regulatory development process, so
                       that Agency decision makers are well
                       informed of the qualitative and
                       quantitative benefits and costs as they
                       select among alternative approaches.
                         It is also important that EPA continue
                       to apply new and improved methods to
                       protect the environment, such as:
                       building flexibility into regulations from
                       the very beginning, creating strong
                       partnerships with States and businesses,
                       vigorously engaging in  public outreach
                       and involvement, and using effective
                       nonregulatory approaches. Research,
                       testing and adoption of new
                       environmental protection methods must
                       also be a central tenet in environmental
                       problem solving. The integration of all
                       these elements via a well managed
                       regulatory development process and a
                       strong commitment to innovative
                       solutions will ensure that we all benefit
                       from significant environmental
                       improvements that are fair, efficient,
                       and protective.
 B. What External Controls Help Shape
 the Agency's Regulatory Development
 Efforts?

   Beyond the Agency's own practices,
 Congress and the President have also
 established certain parameters for our
 regulatory development activities
 through various laws and Executive
 Orders, respectively.

   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  at
 http://www4.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. archives .go v/
 federal	register/executive	orders/
 disposition	tables.html

 C. How Can You Effectively Participate
 in EPA's Decisionmaking Process?

  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 your
concerns and offer specific alternatives.

  We believe our rules will be more
cost-effective and fairer if our
development process includes external

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              Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                    75169
EPA
stakeholders working with us in
deciding on the solutions to problems.
We urge you to participate with us in
this process.
                D. What Is the Relationship Between,the Regulatory Agenda and Regulatory Plan?
Document
Regulatory Agenda




Regulatory Plan

How Often?
Spring and Fall




Fall, published with
the regulatory agenda

Why?
Originally an EPA ini-
tiative, now re-
quired by EO
12866 and the
Regulatory Flexi-
bility Act.
Required by EO
12866.

What Is Included?
Introductory preamble and rule entries with description, contact person,
deadlines, schedule, authority, OMB priority, RFA & UMRA impacts,
& sectors affected



Statement of Priorities and highest priority actions. Entries include all
regulatory information plus statement of need, costs & alternatives &
risks.
E. 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.

 F. 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
1  (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

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75270
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 EPA
  next scheduled regulatory action is
  after November 2003.

 5. Completed Actions - This section
  contains actions that have been
  promulgated and published in the
  Federal Register since publication of
  the spring 2002 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.

 G. 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
 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, et seq.)
                        because it is likely to result in an annual
                        effect on the economy of $100 million
                        or more or meets other criteria specified
                        in this law, we indicate this under the
                        "Priority" heading with the statement
                        "Major under 5 U.S.C. 801."
                          Legal Authority: The sections of the
                        United States Code (U.S.C.), Public Law
                        (P.L.), Executive Order (E.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, small
 governments, or small nonprofit
 organizations
  Government Levels Affected: Indicates
 whether we expect the rule to have any
 effect on levels of government and, if so,
 whether the governments are State,
 local, tribal, or Federal.
  Federalism Implications: Indicates
whether the action is expected to have
 substantial direct effects on the States,
 on the relationship between the  national
government and the States, or on the
 distribution of power and
responsibilities among the various
levels of government.
  Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
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

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               Federal Register/Vol. 67, No.  236/Monday,  December  9, 2002/Unified Agenda
                                                                    75171
EPA
available, of a person who is
knowledgeable about the regulation.
  SAN Number: A code number that
EPA uses to identify and track
rulemakings.
  URL's: For some of our actions we
include the Internet addresses for:
reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
that it is part of.
  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.

H. What Tools Are Available To Help
  Quickly Identify Actions of Interest?
  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 die 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 Lists of the following types of
rules:
• Rules which may have Significant
  Adverse Economic Impacts on a
  Substantial Number of Small
  Businesses, Small Governments, or
  Small Nonprofit Organizations:
• For Rules that We Expect Will Have
  Some Adverse Economic Impact on
  Some Small Entities but Less Than a
  Significant Impact on a Substantial
  Number of Them:
• For Rules that Affect State, Local, or
  Tribal Governments, or Other Federal
  Agencies:
  See the appendices following this
Agenda, or you may view them online
at
http://ciir.cs.umass.edu/ua/Fall2002/
indexes	index.html.

I. 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 GPO 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 RISC
   and GPO 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."
•  RISC 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/.

J. What is the New EPA Dockets
  (EDOCKET) System?
  When you want to submit comments
on a rule that has been proposed in the
Federal Register you can use EPA
Dockets (EDOCKET).  This is an online
public docket and comment system
designed to expand access to EPA's
major headquarter dockets and facilitate
the online submission of public
comments. EDOCKET provides an
unprecedented level of online access to
EPA's programs and rulemaking
processes, which include documents
such as Federal Register notices,
supporting materials, and public
comments. EDOCKET also includes
non-regulatory information such as
selected guidance documents.
EDOCKET allows the public and EPA
staff to search available dockets online,
view their contents, and print materials.
Visit EDOCKET at
http://www.epa.gov/edocket. The
official public docket is maintained in
paper form at the EPA Docket Center
(EPA/DC) 1301  Constitution Avenue,
NW, Washington, DC, Public Reading
Room B-102.

K. What Special Attention Do We Give
  to the Impacts of Rules on Small
  Businesses, Small Governments, and
  Small Nonprofit Organizations?
  For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
As required by the Regulatory
Flexibility Act (RFA), for rules which
we expect may have a significant

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75172        Federal Register/Vol. 67, No. 236/Monday, December  9.  2002/Unified Agenda
EPA
economic impact on a substantial
number of small entities we convene a
Small Business Advocacy Review Panel
to consider the rulemaking before it is
proposed. 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.

                           L. Acknowledgment of Participants in
                             the Rulemaking Process
                             Finally, I would like to thank and
                           acknowledge the members of the public
                           who take us up on our offer to
                           participate in the rulemaking process.
                           Experience has taught us that we must
                           listen to and involve our stakeholders if
                           we hope to fully understand the issues
                           and write the fairest, most effective

                             GENERAL—Proposed Rule Stage
rules. Over the years you, the public,
have submitted thousands of comments
on our rulemakings. We have heard all
of them and adopted many. Protecting
human health and the environment is
one of our nation's most important
quests and I thank you for joining us in
this endeavor.

Dated: October 4, 2002.
Thomas J. Gibson,
Associate Administrator, Office of Policy,
Economics, and Innovation.
 Sequence
  Number
                                           Title
                            Regulation
                           Identification
                             Number
   3113

   3114
   3115
   3116
   3117

   3118
   3119
   3120
   3121

   3122
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
 Agreements ..v,	
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. 4693 Privacy Act Regulations	
SAN No. 4191 Revision to EPAAR 1552.211-73, Level of Effort 	
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest	
SAN  No. 4733 Background Investigations for Contract Employees Performing  Services On or Within Federally
 Owned or Federally Occupied Facilities, Superfund, Oil Pollution Act	
SAN No. 4463 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Strategy  	
                            2020-AA39
                            2030-AA37
                            2030-AA50
                            2020-AA42

                            2020-AA44
                            2025-AA13
                            2030-AA64
                            2030-AA67

                            2030-AA80
                            2070-AD45
                                            GENERAL—Final Rule Stage
Sequence
Number
3123
'3124
3125
3126
3127
3128
3129
3130
3131
3132
3133
3134
Title

SAN No. 4021 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs



SAN No 4187 EPAAR Coverage on Local Hiring and Training 	


QAM Mn Aftft£ Wncte Icnlafinn Pilnt Plant AA/IPP^ FY POO1 RpDOft to ConareSS 	


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
2025-AA07
2030-AA57
2030-AA62
2030-AA77
2030-AA79
2060-AK39
2090-AA13
2090-AA23
2090-AA27
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
                                           GENERAL— Long-Term Actions
Sequence
Number

oloo


Title


SAN No 4533 New Jersey Gold Track Project XL Rule 	

Regulation
Identification
Number
2025-AA02
2080-AA06
2090-AA28


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EPA
               Federal Register/Vol.  67, No.  236/Monday, December 9, 2002/Unified Agenda        75173
                                           GENERAL—Completed Actions
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3138
SAN No. 4400 Administrative Corrections to EPAAR 1515, Contracting by Negotiation
                                                                                                             2030-AA73
                                       CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3139
SAN No. 4684 Modification of Source Category Listing for Seven Specific Pollutants — CAA Section 112(c)(6)
                                                                                                             2060-AK34
                                   CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
 Number
                                             Title
 Regulation
Identification
  Number
  3140     SAN No. 3826 Plastic Parts and Products (Surface Coating) NESHAP	   2060-AG57
  3141     SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
            tine Maintenance, Repair, and Replacement (Reg Plan Seq No. 127)	   2060-AK28
  3142     SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 	   2060-AE20
  3143     SAN No. 3262 Inspection/Maintenance Recall Requirements 	   2060-AE22
  3144     SAN No. 3649 Amendments to Method 24 (Water-Based Coatings) 	"."".'.   2060-AF72
  3145     SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR  Part 51 (Method 203) 	   2060-AH23
  3146     SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions	   2060-AH31
  3147     SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country	   2060-AH37
  3148     SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Moni-
            toring Systems in Stationary Sources 	   2060-AH84
  3149     SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Subpart
            A	   2060-AH90
  3150     SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 	   2060-AA61
  3151     SAN No. 4625 Implementation Rule for 8-hour Ozone NAAQS (Reg Plan Seq No. 125) 	   2060-AJ99
  3152     SAN No. 3657 NESHAP: Combustion Turbine 	   2060-AG67
  3153     SAN No. 3343 NESHAP: Iron and Steel Foundries 	s	.....!1'.'".'"!.".".".'".""".'   2060-AE43
  3154     SAN No. 3746 NESHAP: Paint Stripping Operations	""!""!!"   2060-AQ26
  3155     SAN No. 3656 NESHAP: Reciprocating Internal Combustion Engine (Reg Plan Seq No. 120) 	   2060-AG63
  3156     SAN No. 3837 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq No.
            121) 	   2060-AG69
  3157     SAN No. 3651 NESHAP: Lime Manufacturing  	   2060-AG72
  3158     SAN No. 3906 NESHAP: Metal Can Manufacturing (Surface Coating)  Industry	'.	'   2060-AG96
  3159     SAN No. 3907 NESHAP: Surface Coating of Automobiles and Light-Duty Trucks (Reg Plan Seq No. 122) 	   2060-AG99
  3160     SAN No. 3924 NESHAP: Primary Magnesium  Refining 	   2060-AH03
  3161     SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 	   2060-AH47
  3162     SAN No. 4162 NESHAP: Oil and Natural Gas  Production.	   2060-AI13
  3163     SAN No. 4571 Electric Utility Steam Generating Unit MACT Regulation 	   2060-AJ65
  3164     SAN No. 3673 Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction 	   2060-AG20
  3165     SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
           ered in Major.Source Determinations	   2060-AH58
  3166     SAN No. 3820 NESHAP: Plywood and Composite Wood Products (Reg Plan Seq No. 119)	   2060-AG52
  3167     SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments	   2060-AI62
  3168     SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry	   2060-AJ02
  3169     SAN No. 4555 Electric Arc Furnace NSPS Amendment	   2060-AJ68
  3170     SAN No. 4687 NESHAP: Revision of Area Source Category List Under Section 112(c)(3) and 112(k)(3)(B)(ii) 	   2060-AK40
  3171      SAN No. 4712 NESHAP: Hazardous Organic Amendments (HON) 	   2060-AK49
  3172     SAN No. 4714 NESHAP for Petroleum  Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
           Recovery Units; Amendments 	   2060-AK51
  3173     SAN No. 4715 NESHAP: Sources Categories: General Provisions; and Requirements for Control Technology De-
           terminations for Major Sources in Accordance With Clean Air Act Sec.112(g) & 1120);  Proposed Amendments ....   2060-AK52
  3174     SAN No. 4340 Transportation Conformity Amendments: Response to March 2,  1999, Court  Decision (Reg Plan
           Seq No. 123)	   2060-AI56

-------
75174         Federal Register/Vol.  67, No. 236/Monday,  December  9,  2002/Unified Agenda
EPA
                               CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
 Sequence
  Number
                                             Title
 Regulation
Identification
  Number
   3175      SAN No  4626 Control of Emissions From Spark Ignition Marine Vessels and Highway Motorcycles (Reg Plan Seq
             No. 124)	   2060-AJ90
   3176      SAN No  4675 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel (Reg Plan Seq No.
             126j  	   2060-AK27
   3177      SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) 	   2060-AJOO
   3178      SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area	   2008-AAOO
   3179      SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments 	   2060-AI66
   3180      SAN No. 4313 Petitions to Delist Hazardous Air Pollutants: Methyl  Ethyl Ketone 	   2060-AI72
   3181      SAN No. 4348 Inspection Maintenance Program Requirements for  Federal Facilities; Amendment to the Final Rule   2060-AI97
   3182      SAN No. 4390 Utility Sector New Source Review (NSR) Alternative Compliance Program 	   2060-AJ14
   3183      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
   3184      SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring  	   2060-AJ25
   3185      SAN No  4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production and
             Consumption	   2060-AJ27
   3186      SAN  No. 4441 Federal Plan Requirements for Commercial  and  Industrial Solid Waste Incineration Units Con-
             structed on or Before November 30, 1999	   2060-AJ28
   3187      SAN  No. 4450 Revisions to Regional  Haze Rule To Address Concerns Raised by  DC Circuit Regarding Best
             Available Retrofit Technology (BART)	   2060-AJ31
   3188      SAN  No 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
             ment 	   2060-AJ41
   3189      SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment 	   2060-AJ42
   3190      SAN  No  4583 Modification  of  Federal On-Board Diagnostic Regulations for 2004 Model Year Vehicles Below
              14,000 Ibs	   2060-AJ77
   3191      SAN No. 4585 Portland Cement Manufacturing Industry NESHAP:  Amendment To Implement Court Remand 	   2060-AJ78
   3192      SAN No. 4547 Modification of Authority To Grant Alternative Method Approvals 	   2060-AJ83
   3193      SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems  	   2060-AJ86
   3194      SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing  	   2060-AJ91
   3195      SAN No. 4632 Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alas-
              ka and the  U.S. Territories 	   2060-AK02
   3196      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
   3197      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
   3198      SAN  No. 4599 Protection of Stratospheric Ozone:  Listing of Substitutes for Ozone-Depleting Substances—N-
              Propylbromide	   2060-AK26
   3199      SAN  No. 4683 Air Quality: Revision to Definition of Volatile Organic Compounds — Exclusion of 4 Compounds	   2060-AK37
   3200      SAN  No. 4689 Section 126 Rule Withdrawal Provision 	•	   2060-AK41
   3201      SAN  No 4691 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):  Clean
              Units ,/_	   2060-AK42
   3202      SAN  No. 4694 Extension of Alternative Compliance Periods Under the  Anti-Dumping Program 	   2060-AK43
   3203      SAN  No 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
              cle 5 Countries	   2060-AK45
   3204      SAN No. 4700 Selection of the Order of Sanctions for Title V Operating Permits Programs  	   2060-AK46
   3205      SAN No. 4710 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2003    2060-AK48
   3206      SAN No. 4719 NESHAP for Source Categories:  General Provisions; Amendments for Pollution Prevention Alter-
              native Compliance Requirements	   2060-AK54
   3207      SAN No. 4722 California Gasoline Technical Correction 	 I  2060-AK56
   References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
                                        CLEAN AIR ACT (CAA)—Final Rule Stage
  Sequence
   Number
                                              Title
  Regulation
 Identification
   Number
    3208
    3209
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	•	
                                                                                                                  2009-AAOO
                                                                                                                  2009-AA01

-------
r
         EPA
                      Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda      75175
                                   CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
3210
3211
3212
3213
3214
3215
3216
3217
3218
3219
3220
3221
3222
3223
3224
3225
3226
3227
3228
3229
3230
3231
3232
3233
3234
3235
3236
3237
3238
3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
3249
3250
3251
3252
3253
3254
Title
SAN No. 4115 NESHAP: Chromium Electroplating Amendment 	
SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter ..
SAN No. 4466 Overview of Rulemakings for the Purpose of Reducing Interstate Ozone Transport (Reg Plan Seq
No. 139) 	
SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 	
SAN No. 4154 Emissions From Nonroad Spark-Ignition Engines and Standards for Recreational Spark-Ignition En-
gines 	
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 	
SAN No. 3380 NSPS: SOCMI — Wastewater, and Amendment to Appendix C of Part 63 and Appendix J of Part
60 	
SAN No. 3741 Service Information Regulation for Light-Duty Vehicles and Trucks 	
SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in
Stationary Source Emissions 	
SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks 	 	 	
SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import and
Export 	 	 	 : 	
SAN No. 4111 NESHAP: Fumed Silica Production 	
SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry 	
SAN No. 4096 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States 	
SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) To Exclude Tertiary Butyl Acetate ..
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 	
SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 	
SAN No. 3346 NESHAP: Integrated Iron and Steel 	
SAN No. 3326 NESHAP: Reinforced Plastic Composites Production 	
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing 	
SAN No. 3449 NESHAP: Mercury Ceil Chlor-Alkali Plants 	
SAN No. 3825 NESHAP: Miscellaneous Metal Parts and Products (Surface Coating) 	
SAN No. 3655 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing 	
SAN No. 3652 NESHAP: Refractory Products Manufacturing 	
SAN No. 3902 NESHAP: Semiconductor Production 	
SAN No. 3909 NESHAP: Fabric Printing, Coating and Dyeing 	
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. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 	
SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
tion 608 	
SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 	
SAN No. 3827 Paper and Other Web Coating NESHAP 	
SAN No. 3904 NESHAP: Wood Building Products (Surface Coating) 	
SAN No. 3969 NESHAP: Municipal Solid Waste Landfills 	
SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal Pipes 	
SAN No. 4460 NESHAP: Friction Products Manufacturing 	
SAN No. 4449 NESHAP: Flexible Polyurethane Foam Fabrication Operations 	
SAN No. 4546 NESHAP: Publicly Owned Treatment Works (POTW)— Amendments II 	
SAN No. 4685 NESHAP: Chlorine Production 	
SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 	
SAN No. 4717 Site Specific Rule for Weyerhauser Sulfite Mill 	
SAN No. 4723 NESHAP: Secondary Aluminum Industry Amendments 	
SAN No. 3259 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Base-
line Emissions Determination, Actual-to-Future-Actual Methodology, Plantwide Applicability 	
SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 	
Regulation
Identification
Number
2060-AH69
2060-AI44
pnfin-A ion
2060-AJ82
2060-AI11
2060-AJ6?
2060-AE94
2060-AG13
2060-AG88
2060-AH55
2060-AH67
2060-AH72
2060-AH75
2060-AH87
2060-AI45
2060-AJ36
2060-AF01
2060-AE48
2060-AE79
2060-AE82
2060-AE85
2060-AG56
2060-AG66
2060-AG68
2060-AG93
2060-AG98
2060-AH12
2060-AH35
2060-AH41
2060-AI03
2060-AF36
2060-AF37
2060-AG58
2060-AH02
2060- AH 13
2060-AH78
2060-AJ18
2060-AJ19
2060-AJ66
2060-AK38
2060-AK50
2060-AK53
2060-AK57
2060-AE1 1
2060-AH52

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75176
   Federal Register /Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA
                                 CLEAN AIR ACT (CAA)—Final Rule Stage  (Continued)
 Sequence
 Number
                                             • Title
 Regulation
Identification
  Number
   3255     SAN No. 4622 Control of Emissions of Air Pollution From New Marine Compression-Ignition Engines At or Above
             30 Liters per Cylinder (Reg Plan Seq No. 140)  	   2060-AJ98
   3256     SAN No. 3412 Operating Permits: Revisions (Part 70)	   2060-AF70
   3257     SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington 	   2012-AA01
   3258     SAN No. 3824 Metal Furniture (Surface Coating) NESHAP 	   2060-AG55
   3259     SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and  Preshipment Applica-
             tions of Methyl Bromide	   2060-AI42
   3260     SAN No. 4325 NESHAP: Brick and  Structural Clay Products Manufacturing	   2060-AI67
   3261     SAN No. 4343 NESHAP: Clay Ceramics Manufacturing  	   2060-AI68
   3262     SAN No. 4144 NESHAP: Engine Test Cells/Stands	   2060-AI74
   3263     SAN No. 4273 Amend Subpart H and I, 40 CFR Part 61, for Emissions of Radionuclides Other Than Radon From
             DOE Facilities	   2060-AI90
   3264     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
   3265     SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions-Work Practices  	   2060-AJ26
   3266     SAN No. 4457 NESHAP: Pesticides Active Ingredients—Amendments	   2060-AJ34
   3267     SAN No. 4454 Federal Plan for Small Municipal Waste Combustion Units 	   2060-AJ46
   3268     SAN No. 4495 Revisions to Regional Haze  Rule To Incorporate Sulfur Dioxide Milestones and  Backstop Emis-
             sions Trading Program for Nine Western States 	   2060-AJ50
   3269     SAN No. 4508 Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage  Vessels;
             Amendments	   2060-AJ53
   3270     SAN No. 4524 NESHAP: Portland Cement Manufacturing Industry, Amendments to Rule To Implement Settlement
             Agreement  	   2060-AJ57
   3271     SAN No. 4554 Control of Hazardous Air Pollutants From Mobile Sources; Correction 	   2060-AJ67
   3272     SAN No. 4548 Compilation of Source-Specific Alternative Methods Being Approved for Source-Category Wide Ap-
             plication	   2060-AJ84
   3273     SAN No. 4591 Benzene Waste Operations NESHAP; Amendments 	   2060-AJ87
   3274     SAN No. 4605 Proposed Amendments to Performance Standards and Monitoring Requirements for Particulate
             Matter at Stationary Sources 	   2060-AJ88
   3275     SAN No. 4600 State and Federal Operating Permits Program: Removal of Amendments to Part 70 and Part 71
             Compliance Certification Requirements 	   2060-AJ89
   3276     SAN No. 4621  Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision and Minor
             Corrections	   2060-AJ97
   3277     SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines	   2060-AK01
   3278     SAN No. 4647 Reduction of the Ambient Air Monitoring Fine Particulate Collocated Precision Requirement	i	2060-AK05
   3279     SAN No. 4671  Amendments to Compliance  Certification Requirements for State and Federal Operating Permits
             Programs	   2060-AK11
   3280     SAN No. 4688 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances 	   2060-AK30
   3281     SAN No. 4681 Revision of Combustion Turbines NSPS - Part 60, Subpart GG 	   2060-AK35
   3282     SAN No. 4682  Revisions to the Appeal Procedures and the Federal NOx Budget Trading Program, Parts 78 and
             97 	   2060-AK36
   3283     SAN No. 4696 Protection of Stratospheric Ozone: Additional Reconsideration of Petition Criteria and Incorporation
             of Montreal  Protocol Decisions	   2060-AK44.
   3284     SAN No. 4707 Amendment to  the Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur
             Regulations	   2060-AK47
   3285     SAN No. 4721 Control of Air Pollution from New Motor Vehicles: Amendment to the Tier 2 Motor Vehicle  Emission
             Standards	.-.	   2060-AKS5
   3286     SAN No. 4278 Project XL Site-Specific Rulemaking for Andersen  Corporation's Facility in Bayport, Minnesota 	   2090-AA21
  References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

                                      CLEAN AIR ACT (CAA)—Long-Term Actions
 Sequence
  Number
                                              Title
 Regulation
Identification
  Number
   3287
SAN No. 4511 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
 Act, Section 112(r)(7); Third Party Audit Provisions 	
                                                                                                                2050-AE85

-------
                Federal Register/Vol. 67,  No.  236/Monday,  December  9,  2002/Unified Agenda
                                                         75177
EPA
                               CLEAN AIR ACT (CAA)—Long-Term Actions  (Continued)
Sequence
 Number
Title
 Regulation
Identification
  Number
  3288      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
  3289      SAN No. 4619 Accidental Release Prevention Requirements:  Risk Management Programs Under the Clean Ajr
             Act, Section 112(r)(3); Revisions to the List of Substances  	   2050-AE96
  3290      SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives ..   2060-AJ61
  3291      SAN No. 2915 Methods for Measurement of Visible  Emissions—Addition of Methods 203A, 203B, and 203C to
             Appendix M of Part 51	   2060-AF83
  3292      SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program  	   2060-AG92
  3293      SAN No. 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas	   2060-AH53
  3294      SAN No. 4070 General Conformity Regulations; Revisions	   2060-AH93
  3295      SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51)	   2060-AI47
  3296      SAN No. 2841 NESHAP: Chromium Electroplating Amendment	   2060-AH08
  3297      SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71  Regarding the Provisions for Determining Potential To
             Emit	   2060-AI01
  3298      SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators	   2060-AG31
  3299      SAN No. 3919 Prevention  of Significant Deterioration of Air Quality: Permit Application Review Procedures for
             Non-Federal Class I Areas 	   2060-AH01
  3300      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
  3301      SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under (SNAP) Program 	   2060-AG12
  3302      SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards	   2060-AK18
  3303      SAN No. 4672 NESHAP: Solvent Extraction for Vegetable Oil: Amendments 	   2060-AK32
  3304      SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities - Residual Risk Standards	   2060-AK09
  3305      SAN No. 4655 NESHAP: Gasoline Distribution (Stage  I) Residual Risk Standards 	   2060-AK10
  3306      SAN No. 4656 NESHAP: Group I Polymers and Resins — Residual Risk Standards 	   2060-AK12
  3307      SAN No. 4657 NESHAP: Group II Polymers and Resins — Residual Risk Standards  	   2060-AK13
  3308      SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards	   2060-AK14
  3309      SAN No. 4658 NESHAP: Group IV Polymers and Resins —  Residual Risk Standards 	   2060-AK15
  3310      SAN No. 4660 NESHAP: Industrial Process Cooling Towers  Residual Risk Standards 	   2060-AK16
  3311      SAN No. 4661 NESHAP: National Emission Standards for  Marine Tank Vessel Loading Operations — Residual
             Risk Standard 	   2060-AK17
  3312      SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 	   2060-AK19
  3313      SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating — Residual Risk Standards 	   2060-AK20
  3314      SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations — Residual Risk Standards 	   2060-AK21
  3315      SAN No. 4668 NESHAP: Halogenated Solvent Cleaning — Residual Risk Standards  	   2060-AK22
  3316      SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 	   2060-AK23
  3317      SAN No. 4664 NESHAP: Printing and Publishing Industry — Residual Risk Standards 	   2060-AK24
  3318      SAN No. 4663 NESHAP: Petroleum Refineries — Residual Risk Standards 	   2060-AK25
  3319      SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards 	   2060-AK08
  3320      SAN No. 3910 Streamlined Evaporative Test Procedures	   2060-AH34
  3321      SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide	   2060-AI43
  3322      SAN No. 4383 Interstate Ozone  Transport: Rulemaking on  Section 126 Petitions From the District of Columbia,
            Delaware, Maryland, and New Jersey 	   2060-AI99
  3323      SAN No. 4391 Rescinding  Finding That Preexisting PM10 Standards Are No Longer Applicable in Northern Ada
            County/Boise, Idaho 	   2060-AJ05
  3324      SAN No. 4535 Protection of Stratospheric Ozone:  Process for Exempting Critical and Emergency Uses of Methyl
            Bromide	   2060-AJ63
  3325      SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
            Fuel Transition Program for Alaska	   2060-AJ72
  3326      SAN No. 4620 National Emission Standards for Coke Oven Batteries — Residual Risk Standards 	   2060-AJ96
  3327      SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation's Facility in Big Island, Virginia    2090-AA26

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75178
   Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
EPA
                                     CLEAN AIR ACT (CAA)—Completed Actions
Sequence
 Number
                                                         Title
                                                                                                 Regulation
                                                                                                Identification
                                                                                                  Number
   3328      SAN No. 4730 Nonconformance Penalties for 2004 and Later Model Year Heavy-Duty Diesel Engines and Vehi-
             cles	   2060-AK58
   3329      SAN No. 3549 NESHAP: Petroleum Refineries;  Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Re-
             covery Units	   2060-AF28
   3330      SAN No. 3986 Consolidated Emissions Reporting Rule	   2060-AH25
   3331      SAN No. 4082 NESHAP: Wet-Formed Fiberglass Mat Production	   2060-AH89
   3332      SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 	   2060-AI49
   3333      SAN No. 3340 NESHAP: Primary Copper Smelting  	   2060-AE46
   3334      SAN No. 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63	   2060-AF31
   3335      SAN No. 3749 NESHAP: Rubber Tire Manufacturing	   2060-AG29
   3336      SAN No. 3823 NESHAP: Large Appliance (Surface  Coating) 	   2060-AG54
   3337      SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry	   2060-AG97
   3338      SAN No. 3964 NESHAP: Leather Finishing Operations 	   2060-AH17
   3339      SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island 	   2060-AI80
   3340      SAN No. 3970 NESHAP: Cellulose Production Manufacturing	   2060-AH11
   3341      SAN No. 4105 NESHAP: Generic MACT for Carbon Black, Ethylene, Cyanide and Spandex 	   2060-AH68
   3342      SAN No. 4114 NESHAP: Polyvinyl Chloride and Copolymers Production 	   2060-AH82
   3343      SAN No. 4679 Notice and Response to Court Remand on NOx SIP Call and Section 126 Petitions	   2060-AK33
   3344      SAN No. 4538 Revisions to the Definitions and the Continuous Emission Monitoring Provisions of the Acid Rain
             Program and the NOx Budget Trading Program  	   2060-AJ43
   3345      SAN No. 4558 Transportation Conformity Rule Amendments: Minor Revision and Addition of Grace Period for
             Newly Designated Nonattainment Areas	   2060-AJ70
   3346      SAN No. 4569 Control of Air Pollution from New Motor Vehicles; Second Amendment to the Tier 2/Gasoline Sulfur
             Regulations  	   2060-AJ71
   3347      SAN No. 4574 Protection of Stratospheric Ozone: Availability of Allowances to Produce Methyl Bromide for Devel-
             oping Countries	   2060-AJ74
   3348      SAN No. 4646 Amendments to NESHAP for Solvent Extraction for Vegetable Oil Production 	   2060-AJ93
   3349      SAN No. 4614 NESHAP: Generic MACT Amendments	:	   2060-AJ95
   3350      SAN No. 4627 NESHAP: Pesticide Active Ingredient Production — Amendment 	   2060-AKOO
   3351      SAN No. 4648 Revision to Regulations Implementing the Federal Permits Program in  Areas for Which the Indian
             Country Status Is in Question 	   2060-AK06
   3352      SAN No. 4652 Direct Final Rulemaking for Modifications to Reformulated Gasoline (RFG) "Covered Area" Provi-
             sions 	   2060-AK07
                                    ATOMIC ENERGY ACT (AEA)—Prerule Stage
 Sequence
 Number
                                             Title
                                                                                                             Regulation
                                                                                                            Identification
                                                                                                              Number
   3353
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
 Waste	
                                                                                                             2060-AH63
                                  ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Sequence
 Number
                                                         Title
                                                                                                 Regulation
                                                                                                Identification
                                                                                                  Number
   3354
            SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria
                                                                                                             2060-AJ07

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EPA
            Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda      75179
                          ATOMIC ENERGY ACT (AEA)—Discontinued Entries
Regulation
Identification
Number
2060-AF39
Title
SAN No. 3602 Protective Action Guidance for Drinking Water
Date
09/05/2002
Comments
Withdrawn - Agency plans no
further action.
          FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
3355
3356
3357
Title
SAN No. 4727 Endocrine Disrupter Screening Program; Priority Setting Criteria
SAN No. 4610 Acceptability of Research Using Human Subjects 	
SAN No. 4216 Pesticides; Emergency Exemption Process Revisions (Reg Plan

(Reg Plan Seq No. 116) 	

Seq No. 115) 	
Regulation
Identification
Number
2070-AD59
2070-AD57
2070-AD36
 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.



       FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3358
3359
3360
3361
3362
3363
Title
SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals 	
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials 	
SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products
SAN No. 4728 Endocrine Disrupter Screening Program; Implementing the Screening and Testing Phase (Reg
Plan Seq No. 128) 	
SAN No. 4170 Pesticides; Procedures for the Registration Review Program 	
SAN No. 4609 Pesticides; Exemption of Medical Devices Treated With Antimicrobial Pesticides 	
Regulation
Identification
Number
2070- AC 12
2070-AD30
2070-AD51
2070-AD61
2070-AD29
2070-AD54
 References In boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.



         FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3364
3365
3366
3367
3368

Title
SAN No. 4027 Pesticides; Tolerance Processing Fees 	
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Proteins 	
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment 	
SAN No. 3731' Pesticides; Worker Protection Standard (WPS); Glove Amendment 	
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 	

Regulation
Identification
Number
2070-AD23
2070-AD49
2070-AB95
2070-AC93
2070-AD14

        FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3369
3370
3371
3372
3373
3374
Title
SAN No. 4175 Pesticide Tolerance Reassessment Program 	
SAN No. 2684 Plant-Incorporated Protectants (Formerly Plant Pesticides)
SAN No, 3432 Pesticide Management and Disposal

Rulemakings 	

SAN No. 4611 Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants 	
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 3222 Groundwater and Pesticide Management Plan Rule 	


Regulation
Identification
Number
2070-AD24
2070-AC02
2020-AA33
2070-AD55
2070-AD56
2070-AC46

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75180
Federal Register/VoL 67, No, 236/Monday, December  9, 2002/Unified Agenda
EPA
        FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Discontinued Entries
  Regulation
 Identification
   Number
                         Title
                                                           Date
                                                                          Comments
 2070-AD26
 2070-AD47
SAN No. 4143 Endocrine Disrupter Screening Program
SAN No. 4496 Pesticides; Data Requirements for Environmental Fate and
 Ecological Effects
                                                                     08/10/2002
                                                                     08/21/2002
Withdrawn - Follow-up items
  are now split into separate
  entries.
Merged With RIN 2070-AC12
                       TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3375
3376
Title
SAN No 4174 Testing Agreement for Certain Oxygenated Fuel Additives 	
SAN No. 4734 Sustainable Futures; Voluntary Pilot Project Under the TSCA New Chemical Program (Reg Plan
Sea No. 117) 	
Regulation
Identification
Number
2070-AD28
2070-AD60
  References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

                    TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3377
3378
3379
3380
3381
3382
3383
3384

Title
SAN No 3557 Lead-Based Paint Activities' Training and Certification for Renovation and Remodeling 	
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing and Distribution in Commerce 	
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
(40 CFR Part 723) 	 	 	
SAN No 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances 	
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 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 	

Regulation
Identification
Number
2070-AC83
2070-AB20
2070-AD58
2070-AB79
2070-AD44
2070-AA58
2070-AD48
2070-AD53

                      TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
3398
3399
Title
SAN No 3508 Lead; Management and Disposal of Lead-Based Paint Debris 	
SAN No 4172 Lead' Notification Requirements for Lead-Based Paint Abatement Activities and Training 	
SAN No 1976 Significant New Use Rules' 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 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 2779 Acrylamide and N-methylolacrylamide Grouts 	
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 3301 TSCA Inventory Update Rule Amendments 	
SAN No 3528 Significant New Use Rule* Refractory Ceramic Fibers (RCFs) 	
SAN No. 4176 Chemical Riaht-To-Know Initiative: Hiah Production Volume (HPV) Chemicals 	
Regulation
Identification
Number
2070-AC72
2070-AD31
2070-AA59
2070-AB27
2070-AB94
2070-AC76
2070-AD16
2070-AD42
2070-AC17
2070-AB08
2070-AB1 1
2070-AC80
2070-AC61
2070-AC37
2070-AD25

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           Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
75181
EPA
              TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage (Continued)
Sequence
Number
3400

Title
SAN No. 4475 Significant New Use Rule; Perfluoroalkyl Sulfonates (PFOA) 	

Regulation
Identification
Number
2070-AD43

                 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3401
3402
3403
3404
3405
3406
3407

Title
SAN No. 3148 Asbestos Model Accreditation Plan Revisions 	
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban 	
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Rule - Bridges and Structures 	
SAN No. 4597 Disposal of Polychlorinated Biphenyis: Implementation Issues 	
SAN No. 2865 Voluntary Children's Chemical Evaluation Program (VCCEP) 	
SAN No. 3882 Test Rule; Certain Metals 	
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 	 .-.. .

Regulation
Identification
Number
2070-AC51
2070-AC21
2070-AC64
2070-AD52
2070-AC27
2070-AD10
2070-AC84

                 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Discontinued Entries
Regulation
Identification
Number
2070-AD27
Title
SAN No. 4179 Poiychlorinated Biphenyis (PCBs); Use Authorizations
Date
08/31/2002
Comments
Withdrawn - Agency plans no
further action.
       EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Prerule Stage
Sequence
Number
3408

Title
SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of Overburden As It Relates to the Mining Industry 	

Regulation
Identification
Number
2025-AA08

    EMERGENCY PLANNING AND COMMUNITY. RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
3409
3410
3411
3412
3413
3414

Title
SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 	
SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory 	
SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion 	
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 	
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 	
SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
Dioxin and Dioxin-Like Compounds Category Under EPCRA, Section 313 	

Regulation
Identification
Number
2025-AA03
2025-AAOO
2025-AA06
2025-AA10
2025-AA1 1
2025-AA12


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75182
Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA
      EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3415
3416
3417
3418
3419

Title
SAN No 3215 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule 	
SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
stances (EHSs) List 	 	
SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate 	
SAN No 3007 TRI' Chemical Expansion" Finalization of Deferred Chemicals 	
SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 	

Regulation
Identification
Number
2050-AE17
2050-AE42
2050-AE43
2025-AA01
2025-AA09

               RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
3420

Title
SAN No 4094 Land Disposal Restrictions' Notice of Data Availability Mercury Treatability Studies 	

Regulation
Identification
Number
2050-AE54

            RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3421
3422
3423
3424
3425
3426
3427
3428
3429
3430
Title
SAN No 3989 Methods Innovation Rule . 	
SAN No 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation on Alternative Liners 	
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipes (Reg
Plan Seq No. 129) 	
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (Reg Plan Seq No.
130) 	
SAN No 4651 Increase Metals Reclamation From F006 Waste Streams (Reg Plan Seq No. 131)
SAN No 4670 Revisions to the Definition of Solid Waste (Reg Plan Seq No. 132) 	
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development 	
SAN No 4735 RCRA Burden Reduction Initiative Phase 2 	
SAN No. 4534 Project XL Site-Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, Maryland
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction. New York 	
Regulation
Identification
Number
2050-AE41
2050-AE67
2050-AE51
2050-AE84
2050-AE97
2050-AE98
2050-AE93
2050-AF01
2090-AA25
2090-AA29
 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
             RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3431
3432
3433
3434
3435
3436
3437
3438
3439
3440
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities (Reg Plan Seq No. 142)
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
terials 	
SAN No 3856 Management of Cement Kiln Dust (CKD) (Reg Plan Seq No. 141) 	
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 4588 Research Development and Demonstration Permits for Municipal Solid Waste Landfill 	
SAN No 4084 Office of Solid Waste Burden Reduction Project (Reg Plan Seq No. 143) 	
SAN No. 4731 Land Disposal Restrictions; National Treatment Variance for Radioactively Contaminated Cadmium,
Mercury and Silver Waste Batteries 	 • 	
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations To Encourage
Reuse Recycling and Recovery of Electronic Equipment 	
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit 	
Regulation
Identification
Number
2050-AE44
2050-AE23
2050-AE34
2050-AE86
2050-AE91
2050-AE92
2050-AE50
2050-AE99
2003-AAOO
2090-AA14
 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

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             Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                   75183
EPA
             RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3441
3442
3443
3444
3445
3446
3447
3448
3449
3450
3451

Title
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 	
SAN No. 4469 Standards for the Management of Coal Combustion Wastes — Non-Power Producers and
Minefilling 	
SAN No 3147 Hazardous Waste Manifest Regulation 	
SAN No. 4411 Regulation of Hazardous Oil-Bearing Secondary Materials From Petroleum Refining Industry and
Other Hazardous Secondary Materials Processed in a Gasification System 	
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. 4092 Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to Haz-
ardous Waste Regulations 	
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 	

Regulation
Identification
Number
2050-AE81
2050-AE83
2050-AE21
2050-AE78
2050-AD69
2050-AD80
2050-AE52
2050-AC71
2050-AE65
2050-AE01
2050-AE79

             RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
 Number
                                     Title
 Regulation
Identification
  Number
  3452

  3453
  3454
SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
 Listing of Hazardous Waste 	
SAN No. 4208 Requirements for Zinc Fertilizer Made From Recycled Hazardous Secondary Materials	
SAN No. 4608 Project XL Site-Specific Rulemaking for Implementing Waste Treatment Systems at Two Virginia
 Landfills	
2050-AE32
2050-AE69

2090-AA30
                            OIL POLLUTION ACT (OPA)—Completed Actions
Sequence
Number
3455

Title
SAN No 2634 Oil Pollution Prevention Regulation* Revisions 	

Regulation
Identification
Number
2050-AC62

  COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
                                               Stage
Sequence
Number
3456
34S7
3458
3459
3460

Title
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams' Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste 	
SAN No 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities 	
SAN No 4739 Standards and Practices for Conducting "All Appropriate Inquiry" 	
SAN No. 4740 Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA and No-
tice of Future Rulemaking Action 	 	 	
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for

Regulation
Identification
Number
2050-AE12
2050-AF03
2050-AF04
2050-AF05
2050-AE62


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751M
    federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA
 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3461
3462
3463

Title
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules ..
SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a) 	
SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx 	

Regulation
Identification
Number
2050-AD75
2050-AE63
2050-AF02

 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Sequence
 Number
                                           Title
 Regulation
Identification
  Number
  3464     SAN No. 3929 Correct Typographical Errors and Remove Obsolete Language in 40 CFR Part 302
                                                                                            2050-AE88
    COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Discontinued
                                                     Entries
Regulation
Identification
Number
2050-AE38
Title
SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Applica-
tion and Implementation of Claims Against Superfund
Date
09/05/2002
Comments
Withdrawn - Agency plans no
further action.
                                  CLEAN WATER ACT (CWA)—Prerule Stage
Sequence
Number
3465
Title
SAN No. 2804 Clean Water Act Definition of Waters of the United States (Reg Plan Seq No. 118)
Regulation
Identification
Number
2040-AB74
 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

                               CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
 Number
                                          Title
 Regulation
Identification
  Number
  3466

  3467
  3468

  3469
  3470

  3471

  3472

  3473
  3474
  3475
  3476
  3477
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
 Product Schedule Listing Requirements 	
SAN No. 4264 Water Quality Standards for Alabama—Phase II	.."".'"
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. 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. 4543 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
 ties Under Settion 316(b) of the Clean Water Act, Phase 3 (Reg Plan Seq No. 136)	
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Mu-
 nicipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities (Reg
 Plan Seq No. 133)  	
SAN No. 4446 Ocean Discharges Criteria Revisions	™.™
SAN No. 4623 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions (Reg Plan Seq No. 137)
SAN No. 472S Withdrawal of Total Maximum Daily Load (TMDL) Program Revisions (Reg Plan Seq No. 138)
SAN No. 4690 National  Pollutant Discharge Elimination System Permit Requirements for Municipal  Wastewater
 Treatment During Wet Weather Conditions  	
2050-AE87
2040-AD35

2040-AD09
2040-AD52

2040-AD53

2040-AD71

2040-AD70
2040-AD02
2040-AD60
2040-AD82
2040-AD84

2040-AD87
 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

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             Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
75185
EPA
                             CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3478
3479


3482

3484
O/IQC
O/!«SO
3487
3488

Title
SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2
(Reg Plan Seq No 145) 	
SAN No. 4153 National Pollutant Discharge Elimination System Permit Regulation and Effluent Guidelines and
Standards for Concentrated Animal Feeding Operations (CAFOs) (Reg Plan Seq No. 146) 	
SAN No 4047 Test Procedures for Analysis for 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. 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 (Reg Plan Seq No. 147) 	
SAN No 3288 Comparison of Dredged Material to Reference Sediment 	
SAN No 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge 	
SAN No. 4624 Modification to Competitive Process Used by EPA for Water Quality Cooperative Agreements and
SAN No. 4726 Revisions to Minimizing Adverse Environmental Impacts From Cooling Water Intake Structures
Under Section 316(b) of the Clean Water Act Phase I 	

Regulation
Identification
Number
2040-AB79
2040-AD19
2040-AD08
2040-AD59
2040-AD72
2040-AD73
2040-AD62
2040-AC14
2040-AC25
2040-AD83
2040-AD85

  References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
                             CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
3489
3490
3491
3492
3493
3494
3495
3496
3497
3498
3499
3500
3501
3502
Title
SAN No 4280 Effluent Guidelines and Standards for the Construction and Development Industry 	
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
SAN No 4406 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry 	 	
SAN No. 4407 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revi-


SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
SAN No. 3155 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
SAN No. 4089 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
SAN No 4357 Uniform National Discharqe Standards for Vessels of the Armed Forces - Phase II ....
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution 	
SAN No 3786 NPDES Streamlining Rule Round III 	
SAN No 4493 Clean Water State Revolving Fund Regulation Revisions Re° Use as Matching Funds 	

Regulation
Identification
Number
2040-AD42
2040-AD49
2040-AD55
2040-AD56
2040-AD46
2040-AC75
2040-AC92
2040-AC93
2040-AC95
2040-AD12
2040-AD39
2040-AC58
2040-AC84
2040-AD68
                             CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3503
3504
•WO"?
3506

Title
SAN No. 3833 Effluent Guidelines and Standards for the Iron and Steel Manufacturing Point Source Category (Re-
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 4576 Effluent Guidelines 2002 Program Plan . 	
SAN No 4375 Revision to Clean Water Act Regulatory Definition of Fill Material 	

Regulation
Identification
Number
2040-AC90
2040-AD23
2040-AD78
2040-AD51


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 75186
federal Register/Vol. 67, No. 236/Monday, December  9,  2002/Unified Agenda
 EPA
                                  CLEAN WATER ACT (CWA)—Discontinued Entries
   Regulation
  Identification
    Number
                             Title
                                                                    Date
                     Comments
  2040-AD10


  2040-AD57
SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and
 Paperboard Category, Phase II
SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container
 and Drum Cleaning Point Source Category
09/13/2002


09/13/2002
Withdrawn - Agency plans no
  further action at this time.
Withdrawn - Agency plans no
  further action at this time.
                               SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
 Sequence
  Number
                                         Title
                            Regulation
                           Identification
                             Number
   3507     SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Con-
             taminant Candidate List	   2040-AD61

   3508     SAN No. 4424 6-Year Review of Existing National Primary Drinking Water Regulations 	   2040-AD67



                           SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage


 Sequence                                                ~                                                I  Regulation
  Number                                                 ntle                                                Identification
                                                                                                              Number

   3509     SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
             Rule (Reg Plan Seq No. 134)  	   2040-AD37

   3510     SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule (Reg Plan Seq
             No. 135) 	   2040-AD38
   3511     SAN No. 4703 Drinking Water Contaminant Candidate List 2 	   2040-AD86
   3512     Drinking Water Contaminant Candidate List 2 	   2040-AD88

  References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                             SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage


 Sequence                                               T...                                                  Regulation
  Number                                                ™e                                                Identification
	                                                                                                    Number

   3513     SAN No. 4638 Unregulated Contaminant Monitoring Regulation: Analytical Method for Aeromonas & National Pri-
             mary & Secondary Drinking Water Regulations: Analytical  Methods for Chemical & Microbiological Contaminants    2040-AD81
   3514     SAN No. 2340 National Primary Drinking Water Regulations: Groundwater Rule (Reg Plan Seq No. 144)  	  2040-AA97
   3515     SAN No. 4561 Minor Revisions to the Public Notification Rule, Consumer Confidence Report Rule, and Primacy
	Rule	  2040-AD77

  References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                            SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions


 Sequence                                               T.,,                                                  Regulation
  Number                                                T'"e                                                Identification
                                                                                                              Number

   3516     SAN No. 2281 National Primary Drinking Water Regulations: Radon 	  2040-AA94
   3517     SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb	  2040-AC13
   3518     SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and
            Technical Corrections to the NSDWR	  2040-AD54
   3519     SAN No. 4236 Update of State Underground Injection Control Programs 	  2040-AD40

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              Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
                                                                 75187
EPA
                          SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
 Number
              Title
                                             Regulation
                                            Identification
                                              Number
  3520     SAN No. 4451 Underground Injection Control Class V Phase 2 Revisions
                                                                                                   2040-AD63
                         SAFE DRINKING WATER ACT (SDWA)—Discontinued Entries
Regulation
Identification
Number
2040-AD31
2040-AD48
Title
SAN No. 4212 Use of Screening Methods for Compliance Monitoring of
Drinking Water Contaminants
SAN No. 4369 Regulated Drinking Water Contaminant Occurrence Report-
ing
Date
10/25/2002
10/25/2002
Comments
Withdrawn - No further action
planned at this time.
Withdrawn - No further action
planned at this time.
                             SHORE PROTECTION ACT (SPA)—Final Rule Stage
Sequence
Number
OCO1

Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations 	

Regulation
Identification
Number
2040-AB85

Environmental  Protection Agency (EPA)
General
                                                  Proposed Rule Stage
3113. 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:
Action
                   Date
                           FR Cite
NPRM
Final Action
01/00/03
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
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: 202 564-5971
Fax: 202 501-0139
Email: gordon.mark@epa.gov

David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202 564-4444
Fax: 202 501-0756
Email: sutton.david@epa.gov
RIN: 2020-AA39

3114. 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

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75188        Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
EPA—General
                                                                      Proposed Rule  Stage
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
Final Action
01/00/03
03/00/03
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@epa.gov
BIN: 2030-AA37


3115. 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:
Action
                   Date
                           FR Cite
 NPRM
 Final Action
01/00/03
04/00/03
 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
3116. 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.

Timetable:
                    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
Email: biggs.katherine@epa.gov

RIN: 2020-AA42
3117. 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
                                                                           12/00/02
Regulatory Flexibility Analysis
Required: No
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

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               Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/Unified Agenda
                                                                                      75189
 EPA—General
                                                                       Proposed Rule Stage
 Phone: 202 564-5619
 Fax: 202 564-5644
 Email: lee.kevin@epa.gov

 RIN: 2020-AA44
 3118. • PRIVACY ACT REGULATIONS

 Priority: Substantive, Nonsignificant

 Legal Authority: 5 USC 552a

 CFR Citation: 40 CFR 16 (Revised)

 Legal Deadline: None

 Abstract: This action proposed to
 revise the Privacy Act regulation to
 exempt new systems and systems
 currently claiming to be exempt from
 the Act. Otiier revisions are generally
 minor and include revising the access
 provision so that a copy of a record
 can be obtained without a personal
 inspection; changing the time limit for
 appeals of denials from 10 days to 30
 days; changing the process for
 accessing Privacy Act records and
 contesting Privacy Act records from the
 system manager to  the Freedom of
 Information Office; and referring
 appeals from denials of system of
 records maintained by the Office of
 Inspector General to that office for
 decision. The proposed rule does not
 have implications on small businesses
 nor State/local/tribal government.

 Timetable:
Action
                   Date
                           FR Cite
NPRM
Final Action
11/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: SAN No. 4693

Agency Contact: Judy E Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone: 202 566-1668
Fax: 202 566-1639
Email: hutt.judy@epa.gov

Deborah Williams, Environmental
Protection Agency, Office of
Environmental Information
Phone: 202 566-1659
Fax: 202 566-1648
Email: williams.deborah@epa.gov

RIN: 2025-AA13
                    3119. REVISION TO EPAAR 1552.211-
                    73, LEVEL OF EFFORT
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 5 USC 301 sec 205(c);
                    63 Stat 390 as amended
                    CFR Citation: 48 CFR 1552
                    Legal Deadline: None
                    Abstract: This rule 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 (Pending Legal 01/00/03
  Review)
 Final Action         05/00/03
 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: 202 565-2551
 Email: wyborski.larry@epa.gov
 RIN: 2030-AA64


 3120. 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
                  01/00/03
                  05/00/03
 Regulatory Flexibility Analysis
 Required: No

 Small Entities Affected: No

 Government Levels Affected: None

 Additional Information: SAN No. 4319

 Sectors Affected: 5413 Architectural,
 Engineering and Related Services; 5416
 Management, Scientific and Technical
 Consulting Services; 54162
 Environmental Consulting Services;
 5417 Scientific Research and
 Development Services; 562 Waste
 Management and Remediation Services

 Agency Contact: Dan Humphries,
 Environmental Protection Agency,
 Administration and Resources
 Management, 3802R, Washington, DC
 20460
 Phone: 202  564-4377
 Fax: 202 565-2475
 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
                                                         3121.* BACKGROUND
                                                         INVESTIGATIONS FOR CONTRACT
                                                         EMPLOYEES PERFORMING
                                                         SERVICES ON OR WITHIN
                                                         FEDERALLY OWNED OR FEDERALLY
                                                         OCCUPIED FACILITIES, SUPERFUND,
                                                         OIL POLLUTION ACT

                                                         Priority: Substantive, Nonsignificant

                                                         Legal Authority: Not Yet Determined

                                                         CFR Citation: Not Yet Determined

                                                         Legal Deadline: NPRM, Statutory,
                                                         September 6, 2002.
                                                         Final, Statutory, December 5, 2002.

                                                         Abstract: Executive Orders 10450 and
                                                         12968 require that all persons entering
                                                         Federal service, including contract
                                                         employees, be investigated for
                                                         suitability.

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75190
Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—General
                                                                           Proposed Rule Stage
Timetable:
Action
                   Date
                            FR Cite
NPRM             11/00/02
Final Action         01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4733
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Fax: 202 565-2475
Email: schaffer.paul@epa.gov
RIN: 2030-AA80


3122. PERSISTENT,
BIOACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As described in the Agency's
1998 PBT Strategy, EPA is developing
and implementing National Action
Plans for certain priority PBT
pollutants. These pollutants pose risks
because they are toxic, persist in
ecosystems, and accumulate in fish and
up the food chain. The PBT challenges
remaining stem from the pollutants'
ability to travel long distances, to
transfer rather easily among air, water,
and land, and to linger for generations.
EPA is forging a new approach to
reduce risks from and exposures to
priority PBT pollutants through
increased coordination among EPA
                        national and regional programs. This
                        approach also requires the significant
                        involvement of stakeholders, including
                        international, state, local, and tribal
                        organizations, the regulated
                        community, environmental groups, and
                        private citizens. EPA is initially
                        focusing action on 12 substances either
                        individually or as categories and two
                        major cross-cutting issues (monitoring
                        and outreach/risk communication). The
                        action plans will use the full range of
                        tools to prevent and reduce releases of
                        these  substances. These tools include
                        international, voluntary, outreach,
                        programmatic, remedial, compliance
                        monitoring and assistance,
                        enforcement, research, and regulatory
                        tools. EPA will integrate and sequence
                        actions within and across action plans,
                        and will seek to leverage these actions
                        on international and industry-sector
                        bases. Beyond these first 12  substances
                        EPA will identify additional PBTs for
                        development of National Action Plans.
                        Although these Plans are not regulatory
                        actions, EPA has included them in the
                        Regulatory Agenda to inform the public
                        and regulated community because the
                        Action Plans may discuss regulatory
                        alternatives for consideration.

                        Timetable:
                                                                            Action
                                                                                               Date     FR Cite
                        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
                          forAlkyl-lead
                        Notice - Proposed    08/25/00  65 FR 51825
                          National Action Plan
                          for
                          Octachlorostyrene
                          (DCS)
Notice - Draft Action   11/01/00  65 FR 65314
  Plan for Level 1
  Pesticides
Notice-Draft Action   12/08/00  65 FR 77026
  Plan for
  Hexachlorobezene
  (HCB)
Notice - Final Action   07/23/02  67 FR 48177
  Plan forAlkyl-lead
Notice - Draft Action   11 /00/02
  Plan for
  Benzo(a)pyrene
  (B(a)P)
Notice - Reproposed   06/00/03
  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

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
 Environmental  Protection Agency (EPA)
 General
                                                                                 Final Rule Stage
 3123. 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

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                       Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                     75191
         EPA—General
                                                                                                     Final Rule Stage
         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         11/00/02
         Regulatory Flexibility Analysis
         Required: No
         Small Entitles Affected: No
         Government Levels Affected: None
         Additional Information: SAN No. 3817
         Agency Contact: Robert Meunier,
         Environmental Protection Agency,
         Administration and Resources
         Management, 3901R, Washington, DC
         20460
         Phone: 202 564-5399
         Fax: 202 565-2469
         Email: meunier.robert@epa.gov
         RIN: 2030-AA48


         3124. NONDISCRIMINATION ON THE
         BASIS OF RACE, COLOR, NATIONAL
         ORIGIN, HANDICAP, AND AGE IN
         PROGRAMS AND ACTIVITIES
         RECEIVING FEDERAL FINANCIAL
         ASSISTANCE
         Priority: Substantive, Nonsignificant
         Legal Authority: 42 USC 794; 42 USC
         2000d to 2000d-7; 42 USC 6101 to
         6107; EO 12250
         CFR Citation: 28 CFR 42.101 to 42.112;
         28 CFR 42.501 to 42.540; 28 CFR
         42.700 to 42.736
         Legal Deadline: None
         Abstract: The Department of Justice
         proposes to make amendments to its
         regulations implementing title VI of the
         Civil Rights Act of 1964 (title VI),
         section 504 of the Rehabilitation Act
         of 1972 (section 504), and the Age
Discrimination Act of 1975 (Age
Discrimination Act). Together, these
statutes prohibit discrimination on the
basis of race, color, national origin,
disability, and age in programs or
activities that receive Federal financial
assistance. In 1988, the Civil Rights
Restoration Act  (CRRA) added
definitions of program or activity and
program to title  VI and added a
definition of program or activity to
section 504 and the Age Discrimination
Act. The added  definitions were
designed to clarify the broad scope of
coverage of recipients' programs or
activities under  these statutes. The
promulgation of this proposed
regulation explicitly incorporates the
CRRA's  definition of program or
activity and program into the
Department's title VT, 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
                  NPRM             12/06/00 65 FR 76460
                  Final Action         12/00/02
                  Final Action Effective  01/00/03
                  Regulatory Flexibility Analysis
                  Required: No
                  Small Entities Affected: No
                  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: 202 564-7334
                  Email: goode.ann@epa.gov
                  RIN: 2020-AA36


                  3125. 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. 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             04/12/00 65 FR 19703
 Final Action         11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: Federal
 Additional Information: SAN No. 4180
 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


3126. CROSS-MEDIA ELECTRONIC
 REPORTING (ER) AND
 RECORDKEEPING RULE
Regulatory Plan: This entry is Seq. No.
148 in part II of this issue of the
Federal Register.
RIN: 2025-AA07
                                               3127. ELECTRONIC FUNDS
                                               TRANSFER
                                               Priority: Substantive, Nonsignificant
                                               Legal Authority: 5 USC 301 Sec 205(c);
                                               63 Stat 390 as amended
                                               CFR Citation: 48 CFR 1532.11
                                               Legal Deadline: None
                                               Abstract: This rule complies with the
                                               revised Federal Acquisition Regulations
                                               (FAR) coverage regarding
                                               implementation of the Debt Collection
                                               Improvement Act. Because the revised
                                               FAR offers choices in implementation,
                                               each agency must communicate with its
                                               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
_

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75292        Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—General
                                                       Final Rule Stage
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:
                   Date
                           FR Cite
Direct Final Rule      01/00/03
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

3128. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Substantive, Nonsignificant
Legal Authority: 5  USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract:  This rule will amend the EPA
Acquisition Regulation (EPAAR) to
include part 1526,  Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
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            12/09/98 63 FR 67845
 Final Action         12/00/02
 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,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epa.gov
RIN: 2030-AA62

3129. FELLOWSHIP GRANT
REGULATION REVISION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR part 46
Legal Deadline: None
Abstract: The fellowship rule (part 46)
establishes the requirements applicable
to granting all EPA fellowships. It
supplements 40 CFR part 30, "Uniform
Administrative Requirements for Grants
and Agreements with Institutions of
Higher Education, Hospitals, and Other
Non-Pro fit Organizations." The rule
requires submission of data to the
Agency; however, a new ICR is not
required. The rule is already cleared
under current ICR approval.
Timetable:	
Action              Date     FR Cite
Interim Final Rule     12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4572
Agency Contact: W. Scott McMoran,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5376
Fax: 202 565-2468
Email: mcmoran.scott@epa.gov
RIN: 2030-AA77

3130. • CONTRACTOR
PERFORMANCE EVALUATIONS
Priority:  Substantive, Nonsignificant
Legal Authority: 5 USC 301 sec. 205(c);
63  stat. 390 as amended; 40 USC
486(c); 41 USC 418b
CFR Citation: 48 CFR  1509 and  1552
Legal Deadline: None
Abstract: This action will revise
EPAAR clauses at 1509 and 1552
pertaining to contractor performance
evaluations. EPAAR clauses will be
amended to provide for use of the
National Institutes of Health (NIH)
construction module in the NIH
Contractor Performance System.
Timetable:
                                                                           Action
                                                                                              Date
                                                                                                      FR Cite
                  02/20/02 67 FR 7657
                  11/00/02
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4650
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@epa.gov
RIN: 2030-AA79


3131. • WASTE ISOLATION PILOT
PLANT (WIPP) FY 2001 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102-579, sec
23(a)(2)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Report to Congress is
required by section 23(a)(2) of the WIPP
Land Withdrawal Act, which requires
EPA to submit an annual report to
Congress "on the status of and
resources required  for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant (WIPP). This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as byproducts from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In 1998, EPA
certified that the WIPP complies with
EPA's radioactive waste  disposal
standards at subpart B and C of 40 CFR
191  and EPA's WIPP  compliance
criteria at 40  CFR 194, and thus is safe

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                Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                    75193
  EPA—General
                                                                                              Final Rule Stage
  to contain radioactive waste. Since that
  time, the DOE has begun emplacing
  waste in the WIPP. The waste is stored
  approximately 2,100 feet underground
  in excavated, natural salt formations.
  EPA also has responsibility for assuring
  continual compliance with EPA's
  radioactive waste disposal standards.
  EPA continues to have an oversight role
  at the WIPP to ensure that it continues
  to protect human health and the
  environment. This report summarizes
  EPA's activities past and present.
  Timetable:
 Action
                    Date    FR Cite
 Report to Congress    12/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4686
 Agency Contact: Ray Lee,
 Environmental Protection Agency, Air
 and Radiation, 6608J, Washington, DC
 20460
 Phone: 202 564-4625
 Fax: 202 565-2062
 Email: lee.ray@epa.gov

 Caroline Laikin, Environmental
 Protection Agency, Air and Radiation,
 6608J
 Phone:  202 564-9095
 Fax: 202 565-2065
 Email: laikin.caroline@epa.gov
 RIN: 2060-AK39


 3132. 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
 Performance 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 Performance
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 subjects of this  rulemaking. These
  include reducing the frequency of
  reports required under the Maximum
  Achievable Control Technology
  (MACT) provisions of the Clean Air
  Act; streamlined reporting by publicly
  owned treatment works (POTWs] under
  the Clean Water Act; extending on-site
  storage of RCRA waste to 180 days; and
  soliciting comment on opportunities for
 PerformanceTrack facilities to
  consolidate reporting under various
  environmental statutes into a single
 report.
 Timetable:
 Action
                    Date     FR Cite
 NPRM
 Final Action
08/13/02  67 FR 52674
07/00/03
 Regulatory Flexibility Analysis
 Required: No
 Government Levels Affected: State
 Additional Information: SAN No. 4473
 Agency Contact: Robert Sachs,
 Environmental Protection Agency,
 Office of the Administrator, 1808,
 Washington, DC 20460
 Phone: 202 566-2884
 Fax: 202 566-2989
 Email: sachs.robert@epa.gov

 David Guest, Environmental Protection
 Agency, Office of, the Administrator,
 1808, Washington, DC 20460
 Phone: 202 566-2872
 Fax: 202 566-2989
 Email: guest.david@epa.gov
 RIN: 2090-AA13


 3133. 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 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:
                    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. 4530
 Agency Contact: Patricia Bonner,
 Environmental Protection Agency,
 Office of the Administrator, 1807,
 Washington, DC 20460
 Phone: 202 566-2204
 Fax: 202 566-2200
 Email: bonner.patricia@epa.gov

 Scott Bowles, Environmental Protection
 Agency, Office of the Administrator,
 1807, Washington, DC 20460
 Phone: 202 566-2208
 Fax: 202 566-2200
 Email: bowles.scott@epa.gov
 RIN: 2090-AA23


 3134. 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

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75194
Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
EPA^-Genera!
                                                                                Final Rule Stage
of electronic signature and encryption
processes.
Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
    10/31/01 66 FR 55050
    12/00/02
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, 1807T,
Washington, DC 20460
Phone: 202 566-2183
Fax: 202 566-2220
Email: heinemann.kristina@epa.gov

Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2177
Fax: 202 566-2211
Email: perla.donna@epa.gov

RIN: 2090-AA27
Environmental Protection  Agency (EPA)
General
                                                                              Long-Term Actions
3135. 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 1414f42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC  7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq

CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86

Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.

Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its  CBI
regulations to determine whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2.205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.

Timetable:
                        Action
                                           Date     FR Cite
Action
                   Date
             FR Cite
NPRM/CBI Regs     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
                         Proposal to revise
                         CBI regs--40 CFR
                         Part 2, Subpart B
                        Final Rule/CBI Regs
                         Final rule revising
                         CBIregs-40CFR
                         Part 2, Subpart B
                        Regulatory Flexibility Analysis
                        Required: Undetermined
                        Small Entities Affected: Businesses
                    To Be  Determined
                    To Be  Determined
Government Levels Affected: Federal
Additional Information: SAN No. 3240
Agency Contact: Alan Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202 566-1644
Fax: 202 566-1639
Email: margolis.alan@epa.gov

Rebecca Mbser, 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

3136. 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 decisionmaking. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
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

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               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                   75195
 EPA—General
                                                      Long-Term Actions
 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
 BIN: 2080-AA06


 3137. NEW JERSEY GOLD TRACK
 PROJECT XL RULE
 Priority: Substantive, Nonsignificant
 Legal Authority: Not Yet Determined
 CFR Citation: Not Yet Determined
 Legal Deadline:  None
 Abstract:  The Gold  Track Program is
 a crucial part of NJDEP's efforts to
 create a State-run tiered performance-
 based program. Currently, facilities may
 join NJDEP's Silver Track Program,
 which is a lower-level tier that provides
 recognition for commitments to a
 certain level of environmental
 enhancement. Gold Track expands
 upon these environmental
 commitments, and offers proportionally
 greater recognition, as well as actual
 federal regulatory flexibility to
 participating facilities. NJDEP is
 partnering with EPA in the Gold Track
 effort under the XL program, so as to
 be able to offer federal regulatory
 flexibility to Gold Track participants.

 Timetable:
Action
                   Date
                            FR Cite
NPRM
Final Action
04/16/02  67 FR 18528
  To Be  Determined
 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, 1807,
 Washington, DC 20460          .    :
 Phone: 202 566-2178
 Fax: 202 566-2200
 Email: carbone.chad@epa.gov

 Stan Siegel, Environmental Protection
 Agency, Office of the Administrator,
 New York, NY 10007-1866
 Phone: 212 637-3701     :
 Email: siegel.stan@epa.gov
 RIN: 2090-AA28
 Environmental Protection Agency  (EPA)
 General
                                                      Completed  Actions
3138. ADMINISTRATIVE
CORRECTIONS TO EPAAR 1515,
CONTRACTING BY NEGOTIATION

Priority: Info./Admin./Other

CFR Citation: Not Yet Determined
Completed:
Reason
                   Date
          FR Cite
Merged into RIN 2030- 10/02/02
  AA59
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Leigh Pomponio
Phone: 202 564-4364
Fax: 202 565-2475
Email: pomponio.leigh@epa.gov
RIN: 2030-AA73
Environmental Protection  Agency (EPA)
Clean Air Act (CAA)
                                                           Prerule Stage
3139. • MODIFICATION OF SOURCE
CATEGORY LISTING FOR SEVEN
SPECIFIC POLLUTANTS — CAA
SECTION 112(C)(6)
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is a notice, not a rule;
it will be signed by the AA/OAR, not
the Administrator. This action will
remove eight source categories from
potential regulation under CAA section
112.  Section 112(c)(6) of the CAA
requires that the EPA identify
categories of sources of seven specific
pollutants (alkylated lead compounds,
polycyclic organic matter (POM),
mercury, hexachlorobenzene, PCBs,
dioxins and furans) that account for not
less than 90 percent of the aggregate
emissions of each pollutant and subject
these sources to standards. EPA
published that source category listing
in April 1998. With this new action,
we are removing eight area source
categories, all emissions sources of
POM, from the list previously
identified in April 1998. These
categories are no longer needed to
achieve the 90 percent requirement.
This is because we now are able to
count the contribution of area source
emissions from Gasoline Distribution
(Stage 1) toward the 90 percent
requirement for POM. We added this
category to our regulatory agenda under
a July 1999 Federal Register notice for
the Urban Air Toxics Strategy. We are
also removing Open Burning of Scrap
Tires, an area source category for POM,
from the list of anthropogenic
stationary source categories included in
the section 112(c)(6) inventory analysis.
Consequently, this source  category will
no longer be a candidate for regulation
                    under section 112(c)(6). This is similar
                    to our exclusion of a number of other
                    source categories (e.g., wildfires) that
                    we do not consider appropriate for
                    regulation under section 112 of the
                    CAA. Open burning of scrap tires is
                    a result of arson, accident, or lightning.
                    It is already banned in all 50 States.
                    With these changes EPA is still able
                    to meet the 90 percent requirement.
                    Note that CAA section 112(c)(6) is
                    currently the subject of a deadline
                    lawsuit. Negotiations with the litigant
                    are ongoing and could result in a court-
                    ordered schedule for these
                    modifications.

                    Timetable:
                   Action
                   Date
                                               FR Cite
                    Notice
                 12/00/02
                    Regulatory Flexibility Analysis
                    Required: No

                    Small Entities Affected: No

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75196
federal Register/Vol, 67, No, 236/Monday, December 9, 2002/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                                 Prerule Stage
Government Levels Affected: None
Additional Information: SAN No. 4684
Agency Contact: Ellen Wildermann,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
                       Phone: 919 541-5408
                       Fax: 919 541-0942
                       Email: wildermann.ellen@epa.gov

                       Susan Wyatt, Environmental Protection
                       Agency, Air and Radiation, C504-05,
                       Research Triangle Park, NC 27711
                                    Phone: 919 541-5674
                                    Fax: 919 541-0942
                                    Email: wyatt.susan@epa.gov

                                    RIN: 2060-AK34
Environmental  Protection Agency (EPA)
Clean Air Act (CAA)
                                                                         Proposed Rule Stage
3140. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority: Other Significant
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
    08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3826
Sectors Affected: 337214 Nonwood
Office Furniture Manufacturing; 32614
Polystyrene Foam Product
Manufacturing; 326199 All Other
Plastics Product Manufacturing; 32615
Urethane and Other Foam Product
(except Polystyrene) 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, C504-05, 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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG57


3141. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR, AND
REPLACEMENT
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2060-AK28


3142. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline:  None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
NPRM
Final Action
Date
02/00/03
12/00/03
FR Cite

Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3263
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Washington, DC
20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20

3143. INSPECTION/MAINTENANCE
RECALL  REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75ll(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            09/00/03
                                                            Final Action         04/00/04
                                                            Regulatory Flexibility Analysis
                                                            Required: No
                                                            Small Entities Affected: Businesses
                                                            Government Levels Affected: None
                                                            Additional Information: SAN No. 3262
                                                            Agency Contact: Buddy Polovick,
                                                            Environmental Protection Agency, Air
                                                            and Radiation, 6406, Washington, DC
                                                            20460
                                                            Phone: 734 214-4928
                                                            Fax:  734 214-4052
                                                            Email: polovick.buddy@epa.gov
                                                            RIN:  2060-AE22

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               Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                       75197
 EPA—Clean Air Act (CAA)
                                                                       Proposed  Rule Stage
 3144. AMENDMENTS TO METHOD 24
 (WATER-BASED COATINGS)
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7410
 CFR Citation: 40 CFR 60
 Legal Deadline: Final, Statutory, June
 15, 2001.
 Abstract: The determination of volatile
 organic compounds (VOCs) content of
 a surface coating by reference Method
 24 involves determination of its water
 content and calculation of its VOC
 content as the difference of the two
 measurements (volatile content minus
 water content). Method 24 is inherently
 less precise for water-based coatings
 than it is for solvent-based coatings and
 the imprecision increases as water
 content increases. This action will
 amend Method 24 by adding a direct
 measurement procedure for measuring
 VOC content of water-based coatings.
 The precision of Method 24 for water-
 based coatings will be improved.
 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: None
Additional Information: SAN No. 3649
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov

Connie Oldham, Environmental
Protection Agency, Ah- and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919  541-7774
RIN: 2060-AF72


3145. ADDITION OF OPACITY
METHOD TO APPENDIX M OF 40 CFR
PART 51 (METHOD 203)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: Final, Statutory, June
15, 2001.
                    Abstract: This rulemaking proposes to
                    add a method, Method 203, for the
                    measurement of opacity from stationary
                    sources, to appendix M (Example Test
                    Methods for State Implementation
                    Plans) in 40 CFR part 51. This action
                    provides States with an instrumental
                    test method which can be used in
                    determining, on a continuous basis,
                    compliance with stationary source
                    opacity emission limitations.
                    Timetable:
                    Action
                                       Date     FR Cite
 NPRM            10/07/92 57 FR 46114
 Supplemental NPRM  12/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 3958
 Agency Contact: Solomon O. Ricks,
 Environmental Protection Agency, Air
 and Radiation, D205-02, Research
 Triangle Park, NC 27711
 Phone: 919 541-5242
 Fax: 919 541-1039
 Email: ricks.solomon@epa.gov

 Frederick J. Thompson, Environmental
 Protection Agency, Air and Radiation,
 MD-19, Research Triangle Park, NC
 27711
 Phone: 919 541-2707
 Email: thompson.fred@epa.gov
 RIN: 2060-AH23


 3146. 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            04/00/03
 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


 3147. 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

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Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                          Proposed Rule Stage
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 perm.it 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            06/00/03
Final Action        06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
Agency Contact: Joyce Barkley,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-1877
Fax: 919 541-5509
Email: barkley.joyce@epa.gov

Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C504-01, Research Triangle Park, NC
27711
Phone: 919 541-5497
RIN: 2060-AH37


3148. 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
                                                        Date    FR Cite
                       NPRM
                       Final Action
                 03/00/03
                 03/00/04
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: No
                       Government Levels Affected: State
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report i2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
i26. This action would update the 40
CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
                                                            Action
Additional Information: SAN No. 4119   Timetable:
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, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-1063
                                                                               Date
                                                                                       FR Cite
                       Connie Oldham, Environmental
                       Protection Agency, Air and Radiation,
                       D205-02, Research Triangle Park, NC
                       27711
                       Phone: 919 541-7774
                       RIN: 2060-AH84


                       3149. TECHNICAL CHANGE TO DOSE
                       METHODOLOGY FOR 40 CFR PART
                       190, SUBPART B AND 40 CFR 191,
                       SUBPART A
                       Priority: Substantive, Nonsignificant
                       Legal Authority: 42 USC 2021 Atomic
                       Energy Act of 1954; Reorganization
                       Plan No. 3 of 1970; Nuclear Waste
                       Policy Act of 1982
                       CFR Citation: 40 CFR 190(B); 40 CFR
NPRM             12/00/02
Final Action         05/00/03
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


3150. 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-

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               Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                       75199
EPA—Clean Air Act  (CAA)
                                                                       Proposed Rule Stage
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22,1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2,1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the B.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). EPA is conducting
monitoring to evaluate sources of SO2
peaks. The results of this project will
inform the response to the remand.

Timetable:
Action
 Date
FR Cite
NPRM NAAQS
  Review
NPRM NAAQS
  Implementation
  (Part 51)
Final Rule NAAQS
  Review
NPRM Revised
  NAAQS
  Implementation
  (Part 51)
Notice Schedule for
  Response to
  NAAQS Remand
Notice Informational
  FR Notice
Notice
11/15/94 59 FR 58958

03/07/95 60 FR 12492


05/22/96 61 FR 25566

01/02/97 62FR210



05/05/98 63 FR 24782


01/09/01 66 FR 1665

  To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.sus&n@epa.gov

Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Email: martin.karen@epa.gov
RIN: 2060-AA61


3151. IMPLEMENTATION  RULE FOR 8-
HOUR OZONE NAAQS
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2060-AJ99


3152. NESHAP: COMBUSTION
TURBINE
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 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, and PM. Combustion turbines
are already regulated for NOx and SO2
emissions under section 111 of the
CAA. The EPA will gather information
on HAP emissions from combustion
turbines and determine the appropriate
maximum  achievable control
technology (MACT) to reduce HAP
emissions. The EPA information that
has already been developed will be
used if possible and additional
information will be gathered by
working with State/local agencies,
vendors, manufacturers of combustion
turbines, owners and operators of
combustion turbines, and
environmentalists.
                                                          Timetable:
                                                          Action
                                                                   Date     FR Cite
                                                          NPRM
                                                          Final Action
                                                                  11/00/02
                                                                  08/00/03
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

3153. NESHAP: IRON 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.
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
                  08/00/03
                                                Regulatory Flexibility Analysis
                                                Required: Yes
                                                Small Entities Affected: Businesses
                                                Government Levels Affected: None
                                                Additional Information: SAN No. 3343
                                                Agency Contact: Kevin Cavender,
                                                Environmental Protection Agency, Air

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 75200
Federal Register/VoL 67, No, 236/Monday, December  9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                         Proposed Rule Stage
 and Radiation, C439-02, Research
 Triangle Park, NC 27711
 Phone: 919 541-2364
 Fax: 919 541-5450
 Email: cavender.kevin@epa.gov
 RIN: 2060-AE43


 3154. 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
     ^             12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3746
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-AG26
3155. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2060-AG63


3156. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register.
RIN: 2060-AG69


3157. 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             11/00/02
                       Final Action         08/00/03
                       Regulatory Flexibility Analysis
                       Required: Undetermined
                       Small Entities Affected: Businesses
                       Government Levels Affected: Federal,
                       State, Local, Tribal
                       Additional information: SAN No. 3651
                       Sectors Affected: 32741 Lime
                       Manufacturing
                       Agency Contact: Joseph P. 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 U. Crowder, Environmental
 Protection Agency, Air and Radiation,
 C504-05, Research Triangle Pa, NC
 27711
 Phone: 919 541-5596
 Fax: 919 541-5600
 Email: crowder.jim@epa.gov
 RIN: 2060-AG72


 3158. 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.
 Timetable:
                                                            Action
                                                                               Date
                           FR Cite
                                                            NPRM
                                                            Final Action
                  11/00/02
                  08/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3906
Sectors Affected: 332431 Metal Can
Manufacturing; 332812 Metal Coating,
Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers; 332115 Crown and
Closure Manufacturing

Agency Contact: Paul A. Almodovar,
Environmental Protection Agency, Air
and Radiation, 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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG96

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               Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                                       75201
EPA—Clean  Air Act  (CAA)
                                                                       Proposed Rule Stage
3159. NESHAP: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS

Regulatory Plan: This entry is Seq. No.
122 in part II of this issue of the
Federal Register.

RIN: 2060-AG99
3160. 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 and area sources of hazardous
air pollutants (HAPs) listed in section
112(b). The EPA has determined that
sources that manufacture primary
magnesium may reasonably be
anticipated to emit several of the 189
HAPs listed (including chlorine and
hydrochloric acid) in quantities
sufficient to designate them as a major
source. As a consequence, primary
magnesium refining is among the HAP
emitting source categories selected for
regulation and is in the group of
categories for which final rules are
scheduled to be promulgated by
November 15, 2000 (58 FR 63941,
December 3,1993).

Timetable:
Action
 Date
FR Cite
NPRM
Rnal Action
11/00/02
08/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: State

Additional Information: SAN No. 3924

Agency Contact: Eugene 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

RIN: 2060-AH03
3161. 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. Review-
                      Dow, UCC, Exxon)
                    NPRM Petitions for
                      Judicial Review-
                      Prop. Amend.
                    NPRM Petition for
                      Recons. - Equip.
                      Leaks
                    NPRM Petition for
                      Recons. - Equip.
                      Leaks
                            11/25/96  61 FR 59849
                            03/09/99  64 FR 11559
                            06/08/99  64 FR 30453
                            06/08/99  64 FR 60456
                                                                                             08/29/00
                                                                                             10/26/00
                                                                                   65 FR 52319
                                                                                   65 FR 64161
                                                                            02/23/01 66 FR 11233


                                                                            07/16/01 66 FR 36924


                                                                            08/06/01 66 FR 40903



                                                                            09/00/03
Direct Final Action    06/08/99 64 FR 30406
  Petition for
  Reconsid.-Equip
  Leaks
Final Action Petitions  06/19/00 65 FR 38030
  for Judicial Review-
  Amendments
Direct Final Rule Stay
Direct Final Rule
  Withdrawal -
  Polymers and
  Resins
Final Rule Amend.
  Petition for Recons.-
  Cooling Towers
Final Rule Amend.
  Petition for Jud.
  Review-Tech. Corr.
Final-Amend. & Denial
  Petition for
  Reconsideration-
  Equip. Leaks
NPRM Petition for
  Reconsideration-
  Cooling Towers
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: 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,
C504-04, Research Triangle Park, NC
27711
Phone; 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47


3162. 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

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75202
Federal Register/Vol.  67, No. 236/Monday, December  9, 2002/Unified Agenda
EPA—Clean  Air Act  (CAA)
                                                                           Proposed  Rule Stage
production (area sources) , and natural
gas transmission and storage in one
package. On June 17, 1999, we
promulgated NESHAP for oil and gas
production (major sources) and natural
gas transmission and storage. In this
action, we will publish a supplemental
proposal for the oil and gas production
glycol dehydrators (area sources) and
subsequently promulgate the proposal.
Timetable:
Action
                   Date
             FR Cite
Supplemental NPRM  06/00/03
Final Action         06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4162
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov

K. C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AI13


3163.  ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect  State, local or tribal governments
and the private sector.
Legal  Authority: 42 USC 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(n)(l)(A) of the Clean Air
Act, as amended. The regulation(s) will
be developed under section 112 and
will result in standards based on the
use of maximum achievable control
technology (MACT). The primary
benefit will be the reduction of mercury
emissions to the atmosphere from coal-
fired units but other HAP will also be
reduced.  Small businesses and
State/local/tribal governments could be
impacted (particularly those
governments owning or operating oil-
or coal-fired electric generation
facilities).
Timetable:
                       Action
                   Date    FR Cite
                       NPRM
                       Final Rule
                  12/00/03
                  12/00/04
                       Regulatory Flexibility Analysis
                       Required: Undetermined
                       Small Entities Affected: Businesses,
                       Governmental Jurisdictions
                       Government Levels Affected: Federal,
                       State, Local
                       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 H. 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


                       3164. PROTECTION OF
                       STRATOSPHERIC OZONE:
                       RECONSIDERATION OF SECTION 608
                       SALES RESTRICTION
                       Priority: Substantive, Nonsignificant
                       Legal Authority: 42 USC 767l(g) CAA
                       sec 608
                       CFR Citation: 40 CFR 82 subpart F
                       Legal Deadline: None
                       Abstract: The rule will include the
                       reconsideration of the sales restriction
                       as it relates to split systems. The
                       Agency was  petitioned to reconsider
                       the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians,  emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become  certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.

Timetable:
                                     Action
                   Date    FR Cite
                                     NPRM
                                     Final Action
                  02/00/03
                  12/00/03
                                     Regulatory Flexibility Analysis
                                     Required: No

                                     Small Entities Affected: Businesses

                                     Government Levels Affected: None

                                     Additional Information: SAN No. 3673

                                     Agency Contact: Julius Banks,
                                     Environmental Protection Agency, Air
                                     and Radiation, 6205J, Washington, DC
                                     20480
                                     Phone: 202 564-9870
                                     Fax: 202 565-2156
                                     Email: banks.julius@epa.gov

                                     Tom Land, Environmental Protection
                                     Agency, Air and Radiation, 6205J,
                                     Washington, DC 20460
                                     Phone: 202 564-9185
                                     Fax: 202 565-2155
                                     Email: land.tom@epa.gov

                                     RIN: 2060-AG20

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              Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/Unified Agenda
                                                                                      75203
EPA—Clean Air  Act (CAA)
                                                                      Proposed  Rule Stage
3165. 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 from which
fugitive emissions  are to be considered
in major source  determinations under
the New Source Review (Prevention of
Significant Deterioration and
Nonattainment New Source Review]
and title V programs. As provided by
section 302(j) of the Act, EPA adopted
rules on August 7, 1980 that require,
for specific source categories, the
inclusion of fugitive emissions when
determining if a stationary source is a
major source. In its 1980 rulemaking,
EPA identified one such specific  source
category as those stationary source
categories being regulated, as of August
7,1980, under section 111 or 112 of
the Clean Air Act.  Moreover, EPA
indicated that at the time of any future
rulemaking proposing to regulate
additional categories of sources under
section 111 or 112, the EPA would
conduct a parallel  rulemaking under
section 302(j) to determine whether
fugitive emissions  from sources within
these source categories needed to be
considered in determining whether the
sources were major stationary sources.
EPA did not conduct these parallel
rulemakings as intended and is now
conducting a rulemaking pursuant to
section 302(j) to address the source
categories which became subject to
section 111 and 112 standards after
August 7,1980.
Timetable:
Action
                   Date     FR Cite
NPRM
Final Action
06/00/03
06/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4045
                    Agency Contact: Joanna Swanson,
                    Environmental Protection Agency, Air
                    and Radiation, C304-04, Research
                    Triangle Park, NC 27711
                    Phone: 919 541-5282
                    Fax: 919 541-5509
                    Email: swanson.joanna@epa.gov

                    Steve Hitte, Environmental Protection
                    Agency, Air and Radiation, C304-04,
                    Research Triangle Park, NC 27711
                    Phone: 919 541-0886
                    Fax: 919 541-5509
                    Email: hitte.steve@epa.gov
                    RIN: 2060-AH58


                    3166. NESHAP:  PLYWOOD AND
                    COMPOSITE WOOD PRODUCTS
                    Regulatory Plan: This entry is Seq. No.
                    119 in part II of this issue of the
                    Federal Register.
                    RIN: 2060-AG52

                    3167. 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            11/00/02
Final Action        10/00/03
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, C504-05, 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,
C504-05, Research Triangle Park, NC
27711
                                     Phone: 919 541-5342
                                     Fax: 919 541-5689
                                     Email: byrne.dianne@epa.gov
                                     RIN: 2060-AI62


                                     3168.  NESHAP: TACONITE IRON ORE
                                     PROCESSING INDUSTRY
                                     Priority: Substantive, Nonsignificant
                                     Legal Authority: 42 USC 7412 CAA 112
                                     CFR Citation: 40 CFR 63
                                     Legal Deadline: NPRM, Statutory, May
                                     l, 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
                  08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4380
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5450
Email: chin.conrad@epa.gov
RIN: 2060-AJ02


3169.  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,

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75204
Federal  Register /Vol. 67, No. 236/Monday, December 9, 2002,/ Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                          Proposed Rule Stage
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
    11/00/02
    08/00/03
 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
 R1N: 2060-AJ68


 3170. • NESHAP: REVISION OF AREA
 SOURCE CATEGORY LIST UNDER
 SECTION 112(C)(3) AND
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7412
 CFR Citation: 40 CFR 63
 Legal Deadline: None
 Abstract: This is a notice, not a rule;
 it will be signed by the AA/OAR, not
 the Administrator. This action is
 required under the Clean Air Act
 section 112(c)(3) and 112(k)(3)(B)(ii),
 which both require EPA to develop a
 list of urban area source categories for
 regulation under section 112(d). Under
 these CAA provisions, EPA is to list
 enough urban area source categories to
 address 90 percent of the emissions of
 each of the  30 hazardous air pollutants
 (HAP) identified as posing the greatest
 risk in urban areas. Under a consent
 decree with the Sierra Club, EPA was
to have completed this list in July 1999.
In July 1999, EPA did publish a list
of categories as part of its Urban Air
Toxics Strategy document, which was
developed by an Agency workgroup
made up of the individuals listed on
this form in the Workgroup section
(Item 32). However, the list in the
Strategy document was not inclusive
enough to  meet the requirements of
either the consent decree or the CAA
90 percent requirement. As part of an
ongoing litigation action with Earth
Justice (representing the Sierra Club
and others), EPA has agreed to listing
additional source categories to satisfy
the 90 percent requirement. EPA agreed
to do this in two groups. The first
group which included 18 area source
categories  appeared in the FR on June
24, 2002. This final listing (to be
completed by the end of December
2002) will add enough additional
source categories to satisfy the 90
percent  requirement. Both of these
listings  are based on the same data that
was used to develop the list of
categories  published in the
aforementioned Strategy. Listing a
source category makes a category
eligible  for regulation, but does not
itself levy any requirements on any
sources. Any regulations would be
developed in other, future actions.

Timetable:
                        Action
                                           Date
                                                   FR Cite
                        Notice-First Group    11/00/02
                        Notice - Second Group 12/00/02

                        Regulatory Flexibility Analysis
                        Required: No

                        Small Entities Affected: No

                        Government Levels Affected:
                        Undetermined

                        Additional Information: SAN No. 4687

                        Agency Contact: Barbara Driscoll,
                        Environmental Protection Agency, Air
                        and Radiation, C439-04, Research
                        Triangle Park, NC 27711
                        Phone: 919 541-1051
                        Fax: 919 541-0942
                        Email: driscoll.barbara@epa.gov

                        Susan Wyatt, Environmental Protection
                        Agency, Air and Radiation, C504-05,
                        Research Triangle Park, NC 27711
                        Phone: 919 541-5674
                        Fax: 919 541-0942
                        Email: wyatt.susan@epa.gov

                        RIN: 2060-AK40
                                                             3171. • NESHAP: HAZARDOUS
                                                             ORGANIC AMENDMENTS (HON)
                                                             Priority: Substantive, Nonsignificant
                                                             Legal Authority: 42 USC 7412 CAA 112
                                                             CFR Citation: 40 CFR 63
                                                             Legal Deadline: None
                                                             Abstract: This action proposes to
                                                             amend the Hazardous Organic NESHAP
                                                             to allow vapor balancing as a control
                                                             option for storage vessels. There are no
                                                             environmental, cost, or economic
                                                             impacts associated with this action.
                                                             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. 4712
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C504-05, 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,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK49


3172. • NESHAP FOR PETROLEUM
REFINERIES: CATALYTIC CRACKING
UNITS,  CATALYTIC REFORMING
UNITS,  AND SULFUR RECOVERY
UNITS;  AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The NESHAP for Petroleum
Refineries is an existing rulemaking (40
CFR part 63,  subpart CC) to control
hazardous air pollutant emissions from
equipment in the petroleum refining
industry. This rulemaking will amend
the Petroleum Refinery NESHAP to
incorporate an additional compliance
option for catalytic reforming units at
refineries. Clarifying language and
missing tables will also be added. This

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               Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                      75205
  EPA—Clean  Air Act (CAA)
                                                                      Proposed  Rule Stage
 action will not increase costs or change
 the emission reductions expected for
 this rule.
 Timetable:
 Action
   Date
                            FR Cite
 NPRM            11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: Businesses
 Government Levels Affected: None
 Additional Information: SAN No. 4714
 Agency Contact: Robert 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: 919 541-0246
 Email: hustvedt.ken@epa.gov
 RIN: 2060-AK51


 3173. • NESHAP: SOURCES
 CATEGORIES: GENERAL
 PROVISIONS; AND REQUIREMENTS
 FOR CONTROL TECHNOLOGY
 DETERMINATIONS FOR MAJOR
 SOURCES IN ACCORDANCE WITH
 CLEAN AIR ACT SEC.112(G) & 112(J);
 PROPOSED AMENDMENTS
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7401 et seq.
 CFR Citation: 40 CFR 63 (Revision)
 Legal Deadline: None
 Abstract: These amendments
 implement a settlement agreement
 reached with Earthjustice. The
 amendments would reduce the time
 required to submit certain applications,
 and would revise certain aspects of the
 startup, shutdown, and malfunction
plan.
Timetable:
Action
                  Date
                           FR Cite
NPRM
Final Action
11/00/02
01/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
  Additional Information: SAN No. 4715
  Agency Contact: Rick Colyer,
  Environmental Protection Agency, Air
  and Radiation, C504-05, Research
  Triangle Park, NC 27711
-  Phone: 919 541-5262
  Fax: 919 541-5600
  Email: colyer.rick@epa.gov

  Tim Backstrom, Environmental
  Protection Agency, Air and Radiation
  Phone: 202 564-5572
  Email: backstrom.timothy@epa.gov
  RIN: 2060-AK52


  3174. TRANSPORTATION
  CONFORMITY AMENDMENTS:
  RESPONSE TO MARCH 2, 1999,
  COURT DECISION
  Regulatory Plan: This entry is Seq. No.
  123 in part II of this issue of the
  Federal Register.
  RIN: 2060-AI56


  3175. CONTROL OF EMISSIONS FROM
  SPARK IGNITION  MARINE VESSELS
  AND HIGHWAY MOTORCYCLES
  Regulatory Plan: This entry is Seq. No.
  124 in part II of this issue of the
  Federal Register.
  RIN: 2060-AJ90


  3176. CONTROL OF EMISSIONS OF
  AIR POLLUTION FROM NONROAD
  DIESEL ENGINES AND FUEL
  Regulatory Plan: This entry is  Seq. No.
  126 in part II of this issue of the
  Federal Register.
  RIN: 2060-AK27


  3177. 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: State

 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 Perils, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov

 RIN: 2060-AJOO

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75206
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002 / Unified Agenda
EPA—Clean Air  Act (CAA)
                                                                          Proposed  Rule Stage
3178. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
7/28/99 we proposed to partially
approve, conditionally approve and
partially disapprove Montana's SO2 SIP
for Billings/Laurel. EPA intends to
propose a Federal Implementation Plan
(FIP) to cover those parts of the State's
plan we disapprove. EPA's FIP will
assure that the Billings/Laurel area will
attain and maintain the SO2 NAAQS.
Timetable:
Action
                   Date
                            FR Cite
NPRM             06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4542
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR,
Washington, DC 20460
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epa.gov

Larry Svoboda, Environmental
Protection Agency, Regional Office
Denver, 8P-AR
Phone: 303 312-6004
Fax: 303 312-6064
Email: svoboda.larry@epa.gov
RIN: 2008-AAOO


3179. NESHAP: 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. The clarifications respond to
                       industry comments asking for
                       clarification on a number of technical
                       points.
                       Timetable:
                       Action
                                          Date
                                                   FR Cite
                        NPRM
                        Final Action
12/00/02
06/00/03
                        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,
                        C504-05, Research Triangle Park, NC
                        27711
                        Phone: 919 541-5342
                        Fax: 919 541-5689
                        Email: byrne.dianne@epa.gov
                        RIN: 2060-AI66


                        3180. PETITIONS TO DELIST
                        HAZARDOUS AIR POLLUTANTS:
                        METHYL ETHYL KETONE
                        Priority: Substantive, Nonsignificant
                        Legal Authority: Clean Air Act sec
                        CFR Citation: Not Yet Determined
                        Legal Deadline: NPRM, Statutory,
                        February 28, 2000.
                        Abstract: The Agency has received 4
                        petitions to remove certain pollutants
                        (i.e., methanol, methyl ethyl ketone,
                        ethylene glycol butyl ether,  and methyl
                        isobutyl ketone) from the list of
                        hazardous air pollutants (HAPs) under
                        Section 112(b) of the Clean Air Act.
                        The Agency must review the petitions
                        and either grant or deny the petition
                        within 18 months of the date the
                        complete petition was received. If the
                        Agency grants a petition, a notice of
                        proposed rulemaking will be published
                        in the Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under Section  112(c) and 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 petition -
                      final action
                    Action:MEK Prop, rule 11/00/02
                      to delist/denial
                      notice-3 petitions by
                      06/2002
                    Action: EGBE Prop.   12/00/02
                      rule to delist or
                      denial notice
                    Action: MIBK Prop.   08/00/03
                      rule to delist or
                      denial notice
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected:
                    Undetermined
                    Additional Information: SAN No. 4313
                    Agency Contact: James White,
                    Environmental Protection Agency, Air
                    and Radiation,  C404-01, RTP, NC 27711
                    Phone: 919 541-0842
                    Email: white.james@epa.gov

                    Dave Guinnup, Environmental
                    Protection Agency, Air and Radiation,
                    C439-05, Research Triangle Park, NC
                    27711
                    Phone: 919 541-5368
                    Fax: 919 541-0840
                    Email: guinnup.dave@epa.gov
                    RIN: 2060-AI72


                    3181. 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

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                Federal Register/Vol. 67, No. 236/Monday, December  9,  2002/Unified Agenda
                                                                              75207
 EPA—Clean  Air Act (CAA)
                                                              Proposed Rule  Stage
 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
           Agency Contact: Buddy Polovick,
           Environmental Protection Agency, Air
           and Radiation, 6406, Washington, DC
           20460
           Phone: 734 214-4928
           Fax: 734 214-4052
           Email: polovick.buddy@epa.gov

           Sara Schneeberg, Environmental
           Protection Agency, Air and Radiation
           Phone: 202  564-5592
           RIN: 2060-AI97
           3182. 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. The Utility
           Sector NSR Alternative Compliance
           Program is a proposed rulemaking that
           is an outgrowth of the aforementioned
           comprehensive 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.
           Timetable:
          Action
                             Date
                           FR Cite
NPRM             09/00/03
Final Action         09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4390
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
 Phone: 919 541-0102
 Fax: 919 541-5509
 Email: kaufman.kathy@epa.gov
 RIN:2060-AJ14


 3183. 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 1
 petition to  remove a  SC (2-Piece Can
 Manufacturing) from the SC List
 developed  pursuant to Section 112(c)
 of the Clean Air Act  (CAA). The most
 current SC List was published on
 February 12, 2002 (67 FR 6521).
 Section 112(c)(9), which provides the
 legislative authority and guidelines for
 such actions, states that the
 Administrator may delete a SC from the
 list under Section 112(c), on petition
 of any person or on the Administrator's
 own motion, whenever the
 Administrator determines that no
 source in the category emits hazardous
 air pollutants (HAPs) in quantities
 which may cause a lifetime risk of
 cancer greater than I 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 14,  2002, 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 is reviewing the petition.
 Once the review is completed, the EPA
will 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

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752G8
Federal  Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
EPA—Clean  Air  Act (CAA)
                                                                          Proposed Rule Stage
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: James White,
Environmental Protection Agency, Air
and Radiation, C404-01, RTF, NC 27711
Phone: 919 541-0842
Email: white.james@epa.gov

Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C439-05, Research Triangle Park, NC
27711
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epa.gov
RIN: 2060-AJ23


3184. REVISING REGULATIONS ON
AMBIENT AIR QUALITY MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53  (Revision); 40 CFR 58
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by state and local agencies,
although federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
 but we have not revised the applicable
 regulations comprehensively. The
 proposed revisions would remove real
 or perceived constraints on redeploying
 air monitoring stations; more accurately
 reflect the roles of EPA and other
 control authorities in designing,
 reviewing, and modifying networks;
 bring provisions related to quality
 assurance up to date; and recognize
 technological changes. The current
 regulations require states to develop
 plans to deploy air monitoring
 networks, 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 need
 to be revised to reflect the roles of EPA
 and the state and local agencies.
 Timetable:
                        Action
                                           Date     FR Cite
                        NPRM
                        Final Action
                  06/00/03
                  12/00/03
                        Regulatory Flexibility Analysis
                        Required: No
                        Small Entities Affected: Governmental
                        Jurisdictions
                        Government Levels Affected: Federal,
                        State, Local, Tribal
                        Additional Information: SAN No. 4421
                        Sectors Affected: 92411 Air and Water
                        Resource and Solid Waste Management;
                        334519 Other Measuring and
                        Controlling Device Manufacturing
                        Agency Contact: Lee Ann Byrd,
                        Environmental Engineer, 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,
                        Research Triangle Park, NC 27711
                        Phone:  919 541-2408
                        Fax: 919 541-1903
                        Email: papp.michael@epa.gov
                        RIN:  2060-AJ25


                        3185. 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.

Timetable:
                                       Action
                   Date
FR Cite
                                       NPRM
                                                        11/00/02
                                       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;
                                       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,
                                       Washington, DC 20460
                                       Phone:  202 564-9185
                                       Fax: 202 565-2155
                                       Email: land.tom@epa.gov

                                       RIN: 2060-AJ27

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               Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                                       75209
 EPA—Clean Air Act (CAA)
                                                                       Proposed Rule  Stage
 3186. 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 PR 75338).
 In accordance with section 129, any
 State with affected sources must submit
 a State plan by December 1, 2001
 describing how the State will
 implement the emission guidelines for
 existing CISWI. Section 129 requires
 the Administrator to develop and
 implement a Federal plan for existing
 CISWI units located in any State which
 has not submitted an approvable plan
 within 2 years of promulgation of the
 emissions guidelines. In this CISWI
 Federal plan rulemaking, EPA becomes
 the implementing authority in those
 instances where the State has failed to
 submit a plan or a plan has not yet
 been approved. Therefore, consistent
 with section 129(b)(3) of  the Act, EPA
 is proposing a plan that applies to
 CISWI in any State that has not
 submitted an approvable  plan within
 the time allotted. This action makes no
 changes to the requirements in the rule,
 and is intended to fulfill  EPA's duty
 under section 129(b)(3) to promulgate
 a Federal plan as a gap-filling measure
 until the State fulfills its  statutory
 obligations. When the State submits an
 approvable State Plan, the Federal plan
will no longer apply to units in that
 State.
Timetable:
Action
                   Date
                           FR Cite
NPRM
Final Action
11/00/02
10/00/03
                     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 F. 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


                     3187. REVISIONS TO REGIONAL HAZE
                     RULE TO  ADDRESS CONCERNS
                     RAISED BY DC CIRCUIT REGARDING
                     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)
                     Legal Deadline: None
                     Abstract: To meet the Clean Air Act's
                     requirements, EPA published the
                     regional haze rule on July 1,  1999 (64
                     FR 35714). On May 24, 2002, the DC
                     Circuit vacated certain provisions of the
                    regional haze rule related to  best
                     available retrofit technology  (BART).
                    Because of this court decision, we will
                    need to re-propose and publish revised
                    BART provisions in the regional haze
                    rule. On July 20, 2001, we proposed
                    guidelines intended to add further
                    clarifications to the BART requirements
                    in the regional haze rule. These
                    proposed BART guidelines also will
                    require a re-proposal. The purpose of
                    this rulemaking is to provide the
                    appropriate changes to the BART
                    requirements and guidelines, and to
                    address additional issues related to
                    reasonable progress goals for the
                    visibility program.
                    Timetable:
                                      Small Entities Affected: No
                                      Government Levels Affected: Federal,
                                      State, Local, Tribal
                                      Additional Information: SANJSTo. 4450
                                      Agency Contact: Timothy 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, C304-04,
                                      Research Triangle Park, NC 27711
                                      Phone: 919 541-5135     :
                                      Fax: 919 541-5489
                                      Email: driscoll.tom@epa.gbv
                                      RIN:2060-AJ31


                                      3188. STANDARDS OF
                                      PERFORMANCE  FOR NEW
                                      STATIONARY SOURCES: MUNICIPAL
                                      SOLID WASTE LANDFILLS:
                                      AMENDMENT
                                      Priority: Substantive, Nonsignificant
                                      Legal  Authority: 42 USC 7401; 42 USC
                                      7411; 42 USC 7414; 42 USC 7416; 42
                                      USC 7429; 42 USC 7601
                                      CFR Citation: 40  CFR 60.750; 40 CFR
                                      60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
                                      CFR 60.752(b)(2)(iii)(C); 40 CFR
                                      60.752(b)(2)(iii)(D); 40 CFR 60758
                                      Legal  Deadline: None
                                      Abstract: This action will amend the
                                      existing regulation entitled Standards of
                                      Performance for New Stationary
                                      Sources: Municipal Solid Waste
                                      Landfills, subpart WWW of 40 CFR Part
                                      60, promulgated on March 12, 1996.
                                      The amendment is being undertaken in
                                      response to requests to clarify our
                                      intent regarding what constitutes an
                                      adequate landfill gas treatment system.
                                      This action also clarifies our intent to
                                      exempt from control landfill gas that
                                      is treated/upgraded. Furthermore, it
                                      clarifies who is responsible for control
                                      of untreated landfill gas that is sold.
                                      This action is necessary to clarify our
                                      intent regarding the issues discussed
                                      above. It will improve  implementation
                                      and compliance with this regulation.
                                      Timetable:
                                     Action
                                                        Date
                                                                FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM            07/20/01  66 FR 38108
NPRM            06/00/03
Final Action       " 06/00/04
Regulatory Flexibility Analysis
Required: No
                                                                          Action
                                                                                             Date
                                                                                                      FR Cite
NPRM NSPS:       04/00/03
  Municipal Solid           :
  Waste Landfills
Regulatory Flexibility Analysis
Required: No

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75210
Federal  Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
 EPA—Clean  Air Act (CAA)
                                                                          Proposed Rule Stage
Small Entities Affected: No
Government Levels Affected: None
                       Fax: 919 541-0246
                       Email: smith.martha@epa.gov
Additional Information: SAN No. 4478    RIN: 2060-AJ42
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: JoLynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5671
Fax: 919 541-0246
Email: collin.jolynn@epa.gov
K. C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ41

3189. 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
   11/00/02
   09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4479
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epa.gov

Martha Smith, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-2421
3190. 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  01850, 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
(VIN) to the generic datastream,
confining the physical location of the
data link connector, and allowing the
use of the malfunction indicator lamp
(MIL) and a special key sequence to
indicate readiness; (5) add new generic
data stream parameters to aid in the
repair and diagnosis of vehicle
malfunctions;(6) require manufacturers
to record critical pieces  of OBD
information under the CAP 2000 In-Use
Verification Program (IUVP); and(7)
establish new OBD in-use performance
demonstration standards used to
determine appropriate frequency of
monitoring in the real world; such in-
use performance standards do not
currently exist which places a greater
burden on our in use program.

Timetable:
                       Action
                   Date     FR Cite
                       NPRM
                                        11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4583
 Sectors Affected: 33611 Automobile
 and Light Duty Motor Vehicle
 Manufacturing
 Agency Contact: Arvon Mitcham,
 Environmental Protection Agency, Air
 and Radiation, 6402, Washington, DC
 20460
 Phone: 734 214-4522
 Fax: 734 214-4053
 Email: mitcham.arvon@epa.gov

 Holly Pugliese, Environmental
 Protection Agency, Air and Radiation,
 6402
 Phone: 734 214-4288
 Fax: 734 214-4053
 Email: pugliese.holly@epa.gov
 RIN: 2060-AJ77


 3191. 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 Ass'n v.
EPA. The Court remanded the three
 standards for which we established
 floors of no control (hydrogen chloride
 [HC1], total hydrocarbon [THC], and
 mercury [Hg]). The  Court found that we
 committed error in not considering
 other means of control, in particular,
 control of HAPs in'raw materials and
 in fossil fuels. The Court also remanded
that we consider setting beyond-the-

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               Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
                                                                   75211
 EPA—Clean Air Act  (CAA)
                                                   Proposed  Rule Stage
floor standards for HAP metals, for
which participate matter (PM) is a
surrogate. This action will consist of
amendments to respond to the court
remand.
Timetable:	
Action               Date     FR Cite
NPRM             06/00/03
Regulatory Flexibility Analysis
Required: No  '
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4585
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Joseph P. 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 U. Crowder, Environmental
Protection Agency, Ah- and Radiation;
G504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ78

3192. MODIFICATION OF AUTHORITY
TO GRANT ALTERNATIVE METHOD
APPROVALS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Currently, stationary source
regulations cite specific test methods to
demonstrate compliance. If a source
locates a test method which will
measure the regulated pollutant(s) with
similar precision and accuracy to the
method cited in the regulation, and
would like to use the alternative
method, the  source must petition the
EPA (along with data documenting the
applicability of the alternative) to allow
the alternative method. Each of these
alternative method approvals by letter
may currently only be granted to a
specific source. Source category-wide
approvals must be published for
comment in the Federal Register. Due
to budgetary and time constraints, the
process constrains industry trade
associations from developing and
submitting alternative test methods.
Therefore, the purpose of this
rulemaking is to modify the regulations
to allow source category-wide
alternative method approvals to be
issued by letter.
Timetable:
Action
Date    FR Cite
NPRM             10/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4547
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-0443
Fax: 919 541-1039
Email: howell.rima@epa.gov

Connie Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
RIN: 2060-AJ83


3193. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
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 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis. Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of Appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) that measure a single
pollutant. The proposed amendments to
QA Procedure 1 broadens the
procedure to address the unique
requirements of GEMS that are used for
monitoring multiple pollutants.
Because several of the regulations
promulgated under 40 CFR part 63
require multiple pollutant GEMS, these
amendments are needed to ensure those
GEMS are operated in a manner that
ensures the quality of the emission data
collected. This action is not expected
to have any impacts on small entities
or State, local, or tribal governments.

Timetable:
                  Action
                   Date     FR Cite
                  NPRM
                  11/00/02
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: No

                  Government Levels Affected: None

                  Additional Information: SAN No. 4584

                  Sectors Affected: 21 Mining; 22
                  Utilities; 31-33 Manufacturing; 486
                  Pipeline Transportation; 562212 Solid
                  Waste Landfill; 562213 Solid Waste
                  Combustors and Incinerators

                  Agency Contact: Barrett Parker,
                  Environmental Protection Agency, Air
                  and Radiation, EN-341W, D243-02,
                  RTF, NC 27711
                  Phone: 919 541-5635
                  Fax: 919 541-1039
                  Email: parker.barrett@epa.gov

                  Frederick J. Thompson, Environmental
                  Protection Agency, Air and Radiation,
                  MD-19, Research Triangle Park, NC
                  27711
                  Phone: 919 541-2707
                  Email: thompson.fred@epa.gov

                  RIN: 2060-AJ86

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75222
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
 EPA—Clean  Air Act (CAA)
                                                                          Proposed  Rule  Stage
3194. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The brick and structural clay
products industry primarily includes
facilities that manufacture brick, clay,
pipe, roof tile, extruded floor and wall
tile, and other extruded dimensional
clay products from clay, shale, or a
combination of the two. The
manufacture of brick and structural
clay products involves mining, raw
material processing (crushing, grinding,
and screening), mixing, forming, cutting
or shaping, drying, and firing.
Timetable:
Action
     Date     FR Cite
NPRM
Final Action
   11/00/02
   11/00/03
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 K. Johnson,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax:  919 541-5450
Email: johnson.mary@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax:  919 541-5600
Email: crowder.jim@epa.gov
RIN:  2060-AJ91

3195. MODIFICATION OF ANTI-
DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for  certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the  clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFC program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska. We are
proposing this action to address certain
inconsistencies in the RFC program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers. In
addition,  this action proposes to modify
the anti-dumping provisions to address
compliance in certain situations where
a refinery becomes non-operational
during the annual averaging period.
This action is intended to address
compliance issues where a refinery
does not produce sufficient "summer"
gasoline to offset the higher emissions
of "winter gasoline due to the refinery
becoming non-operational during the
annual averaging 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             11/00/02
Regulatory Flexibility Analysis
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


3196. 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

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              Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                                     75213
EPA—Clean Air Act (CAA)
                                                                      Proposed Rule Stage
designated methods and can be made
to accurately predict designated method
measurements. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
 Date     FR Cite
NPRM
11/00/02
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

Joseph Sopata, Environmental
Protection Agency, Air and Radiation,
6406J
Phone: 202 564-9034
Fax: 202 565-2085
Email: sopata.joe@epa.gov
R1N: 2060-AK03


3197. 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 760l(a)
CFR Citation: 40 CFR 80.81
Legal Deadline: None
Abstract: EPA is  proposing to exempt
refiners, importers, and blenders of
gasoline subject to the State of
California's reformulated gasoline
regulations from certain enforcement
provisions in the federal reformulated
(RFC) regulations. Certain exemptions
                    under the Federal RFC program already
                    apply to California Phase 2 gasoline,
                    but additional exemptions are
                    necessary to cover Phase 3 gasoline.
                    Timetable:
                    Action
                                      Date     FR Cite
                    NPRM
                    Final Action
                 11/00/02
                 05/00/03
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


3198.  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
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
                 12/00/02
                 09/00/03
                                                         Regulatory Flexibility Analysis
                                                         Required: No
                                                         Small Entities Affected: Businesses
                                                         Government Levels Affected: None
                                                         Additional Information: SAN No. 4599
                                                         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,
                                                         Washington, DC 20460
                                                         Phone: 202 564-9079
                                                         Fax: 202 565-2155
                                                         Email: bu-gfeld.erin@epa.gov
                                                         RIN: 2060-AK26
                                                        3199. « AIR QUALITY: REVISION TO
                                                        DEFINITION OF VOLATILE ORGANIC
                                                        COMPOUNDS — EXCLUSION OF 4
                                                        COMPOUNDS
                                                        Priority: Substantive, Nonsignificant
                                                        Legal Authority: 42 USC 7407(d)
                                                        CFR Citation: 40 CFR 51
                                                        Legal Deadline: None

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 75214
Federal  Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                          Proposed Rule Stage
 Abstract: This 'is a deregulatory action
 to exclude four compounds from the
 list of volatile organic compounds
 (VOCs) on the basis that these
 compounds make a negligible
 contribution to  tropospheric ozone
 formation. These four compounds are:
 1,1,1,2,2,3,3-heptafluoro-3-methoxy-
 propane  (n-C3F7OCH3; 3-ethoxy-
 ,l,l,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
 (trifluoromethyl) hexane (known as
 HFE-7500, HFE-S702, T-7145, and L-
 15381); 1,1,1,2,3,3,3-
 heptafluoropropane (known as HFC
 227ea); and methyl formate
 (HCOOCH3). These compounds have
 potential for use as refrigerants, fire
 suppressants, aerosol propellants,
 sterilants, blowing agents (used in the
 manufacture of foamed plastic), and
 solvents. This action will remove the
 necessity to control these four
 compounds as VOCs in State
 Implementation Plans for attaining the
 ozone standard.
 Timetable:
Action
                   Date     FR Cite
NPRM
Final Action
   11/00/02
   03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4683
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: David Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax:  919 541-0824
Email: sanders.dave@epa.gov

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
RIN:  2060-AK37


3200. • SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR  Citation: 40 CFR 52
Legal Deadline: None
Abstract: EPA is proposing to revise
one narrow aspect of the Section 126
Rule, which was promulgated January
18, 2000. The rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and  with a
May 1, 2003 compliance date, EPA
would withdraw the Section  126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This proposal would not create any
new requirements and there are no
associated costs.

Timetable:
                       Action
                   Date
FR Cite
                       NPRM
                  11/00/02
                       Regulatory Flexibility Analysis
                       Required: No

                       Small Entities Affected: No

                       Government Levels Affected: None

                       Additional Information: SAN No. 4689

                       Agency Contact: Carla Oldham,
                       Environmental Protection Agency, Air
                       and Radiation, C539-02, RTF, NC 27711
                       Phone: 919 541-3347
                       Fax: 919 541-0824
                       Email: oldham.carla@epa.gov

                       Doug Grano, Environmental Protection
                       Agency, Air and Radiation, C539-02,
                       RTF, NC 27711
                       Phone: 919 541-3292
                       Fax: 919 541-0824
           Email: grano.doug@epa.gov
           RIN: 2060-AK41


           3201. • PREVENTION OF SIGNIFICANT
           DETERIORATION (PSD) AND
           NONATTAINMENT NEW SOURCE
           REVIEW (NSR): CLEAN UNITS
           Priority: Other Significant
           Legal Authority: Clean Air Act Title I
           CFR Citation: 40 CFR 51
           Legal Deadline: None
           Abstract: This proposed rule would
           revise the provisions for the clean unit
           test contained in the major New Source
           Review (NSR) requirements. This action
           proposes to revise the length of the
           clean unit designation period contained
           in the final NSR rules. The current
           rules allow for clean unit designation
           to be used for 10 years provided the
           source meets the requirements to
           maintain clean unit status. This
           proposed rule would recognize that the
           average life expectancy of control
           equipment is 15 years rather than the
           10 years contained in the final rules.
           Permitting agencies and industry will
           benefit from this action by potentially
           reducing the number of future permit
           actions. As a result, this action reduces
           the compliance burden, including
           annual compliance costs, for all sources
           subject to the major NSR program
           requirements.
           Timetable:
                                                            Action
                                                                                Date     FR Cite
                                                            NPRM
                                                            Final Action
                            11/00/02
                            10/00/03
          Regulatory Flexibility Analysis
          Required: No
          Small Entities Affected: No
          Government Levels Affected: Federal,
          State
          Additional Information: SAN No. 4691
          Agency Contact: Juan Santiago,
          Environmental Protection Agency, Air
          and Radiation, C33903, Research
          Triangle Park, NC 27711
          Phone: 919 541-1084
          Fax: 919 541-5509
          Email: santiago.juan@epa.gov

          Lynn Hutchinson, Environmental
          Protection Agency, Air and Radiation,
          C33903, Research Triangle Park, NC
          27711
          Phone: 919 541-5795
          Fax: 919 541-5509

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              Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                                      75215
EPA—Clean Air  Act (CAA)
                                                                      Proposed  Rule Stage
Email: hutchinson.lynn@epa.gov
BIN: 2060-AK42
3202. « EXTENSION OF ALTERNATIVE
COMPLIANCE PERIODS UNDER THE
ANTI-DUMPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 114; CAA sec
211; CAA sec 301(a)
CFR Citation: Not Yet Determined
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 direct final rule will amend the
existing anti-dumping regulations by
setting forth procedures for allowing an
alternative compliance period of not
more than seven years  for a small, start
up refiner.
Timetable:
Action
 Date     FR Cite
NPRM
Direct Final Rule
11/00/02
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4694
Agency Contact: Anne-Marie C.
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-8987
TDD Phone: 202 564-2085
Fax: 202 565-2085
Email: pastorkovich.anne-
marie@epa.gov

Deborah Wood, Environmental
Protection Agency, Air and Radiation,
6406J
Phone: 202 564-9249
TDD Phone: 202 564-2085
Fax: 202 565-2085
Email: wood.deborah@epa.gov
RIN: 2060-AK43
                    3203. • PROTECTION OF
                    STRATOSPHERIC OZONE:
                    ADJUSTING ALLOWANCES FOR
                    CLASS I SUBSTANCES FOR EXPORT
                    TO ARTICLE 5 COUNTRIES
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 42 USC 7414; 42 USC
                    7601; 42 USC 7671-7671q
                    CFR Citation: Not Yet Determined
                    Legal Deadline: None
                    Abstract: This action reinforces the
                    economic incentives related to the
                    transition of Article 5 countries to
                    ozone-depleting substance  alternatives.
                    Currently, Article 5  allowances are
                    determined as a percentage of total
                    production allowances assigned to US
                    companies for Class I ozone-depleting
                    substances. In accordance with the
                    Beijing Amendments of the Montreal
                    Protocol, this action establishes Article
                    5 allowances independently of total
                    production allowances.
                    Timetable:
                    Action
                                       Date
                                               FR Cite
NPRM            06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4697
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-5289
Fax: 202 565-2155
Email: kocchi.suzanne@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: lanAtom@epa.gov
RIN: 2060-AK45


3204. • SELECTION  OF THE ORDER
OF SANCTIONS FOR TITLE V
OPERATING PERMITS PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7661a(d); 42
USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the
order of sanctions for operating permits
program deficiencies under the
mandatory sanctions provisions of title
V of the Clean Air Act. This rule would
stipulate that an emission offset
sanction applies first and a highway
funding sanction six months later.
Sanction application under section 502
of the Clean Air Act is automatic under
the timeframes prescribed once EPA
selects the sanction order; EPA's only
discretion concerns the ordering of
sanctions as discussed above. Thus, the
only relevant potential impact is the
effect  of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has  corrected the
deficiency prompting the finding,
applying the offset sanction first
eliminates the need for EPA and other
agencies to bear the greater
administrative and implementation
burden of having to effectuate the
highway sanction.

Timetable:
                                                                           Action
                                                                                             Date     FR Cite
NPRM
Final Action
11/00/02
01/00/03
                                                         Regulatory Flexibility Analysis
                                                         Required: No

                                                         Small Entities Affected: No

                                                         Government Levels Affected: None

                                                         Additional Information: SAN No. 4700

                                                         Agency Contact: Scott Voorhees,
                                                         Environmental Protection Agency, Air
                                                         and Radiation, C304-04, Research
                                                         Triangle Park, NC 27711       .   .  .
                                                         Phone: 919 541-5348
                                                         Fax: 919 541-5509
                                                         Email: voorhees.scott@epa.gov

                                                         Steve Hitte, Environmental Protection
                                                         Agency, Air and Radiation, C304-04,
                                                         Research Triangle Park, NC 27711
                                                         Phone: 919 541-0886
                                                         Fax: 919 541-5509
                                                         Email: hitte.steve@epa.gov

                                                         RIN: 2060-AK46

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 75216
Federal:Register/VoL 67, No,  236/Monday, December 9,  2002/Unified Agenda
 EPA—Clean  Air Act (CAA)
                                                                         Proposed Rule Stage
 3205. • PROTECTION OF
 STRATOSPHERIC OZONE:
 ALLOCATION OF ESSENTIAL USE
 ALLOWANCES FOR CALENDAR YEAR
 2003

 Priority: Substantive, Nonsignificant

 Legal Authority: 42 USC 7414; 42 USC
 7601; 42 USC 7671; 42 USC 7671q

 CFR Citation: 40 CFR 82.4

 Legal Deadline: None

 Abstract: With this action, EPA will be
 allocating essential-use allowances for
 import and production of class I
 stratospheric ozone depleting
 substances  (ODSs) for calendar year
 2003. Essential-use allowances permit a
 person to obtain controlled class I
 ODSs as an exemption to the January
 1, 1996 regulatory phase-out of class I
 ODS solely for the designated essential
 purpose. This regulation will allocate
 essential use allowances for CFCs for
 use in metered dose inhalers for the
 treatment of asthma and chronic
 obstructive lung disease, and methyl
 chloroform for use in the space shuttle
 and titan rockets.

 Timetable:
Action
                   Date
             FR Cite
NPRM
Final Action
   11/00/02
   01/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: SAN No. 4710

Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2155
Email: birgfeld.erin@epa.gov

RIN: 2060-AK48
3206. • NESHAP FOR SOURCE
CATEGORIES: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq.
CFR Citation: 40 CFR 63.2 (Amended);
40 CFR 63.17
Legal Deadline: None
Abstract: We are proposing
amendments to the Part 63 General
Provisions that would allow facilities
that are subject to a maximum
achievable control technology (MACT)
subpart to discontinue unnecessary
requirements  if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to  or better than the MACT
level of control. We are proposing these
amendments to encourage and promote
pollution prevention, which is our
strategy of first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
There also are no significant policy
issues.
Timetable:
                       Action
                                         Date     FR Cite
                       NPRM             11/00/02
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: No
                       Government Levels Affected: None
                       Additional Information: SAN No. 4719
                       Agency Contact: Steve Fruh,
                       Environmental Protection Agency, Air
                       and Radiation, C439-04, Research
                       Triangle Park,  NC 27711
                       Phone: 919 541-2837
                       Fax: 919 541-0942
                       Email: fruh.steve@epa.gov
                                                            Susan Wyatt, Environmental Protection
                                                            Agency, Air and Radiation, C504-05,
                                                            Research Triangle Park, NC 27711
                                                            Phone: 919 541-5674
                                                            Fax: 919 541-0942
                                                            Email: wyatt.susan@epa.gov

                                                            RIN: 2060-AK54


                                                            3207. • CALIFORNIA GASOLINE
                                                            TECHNICAL CORRECTION

                                                            Priority: Substantive, Nonsignificant

                                                            Legal Authority: 42 USC 7414; 42 USC
                                                            7521(1); 42 USC 7545; 42 USC 7601(a)

                                                            CFR Citation: 40 CFR 80.81(a)

                                                            Legal Deadline: None

                                                            Abstract: This rule corrects final
                                                            regulations which were published in
                                                            the Federal Register on March 29, 2001
                                                            (66 FR 17230). The corrected regulatory
                                                            provision restores the definition of
                                                            California gasoline as used in the
                                                            enforcement exemptions for California
                                                            gasoline under the regulation  of fuels
                                                            and fuel additives.

                                                            Timetable:
                                                            Action
                                                                               Date
                           FR Cite
                                                                          NPRM
                                                                          Direct Final Rule
                                                                             11/00/02
                                                                             11/00/02
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4722

Agency Contact: Christine M. Brunner,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4287
Fax:  734 214-4051
Email: brunner.christine@epa.gov

John Hannon, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-5563
Email: hannon.john@epa.gov

RIN:  2060-AK56

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              Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/Unified Agenda
                                                                                    75217
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
                                                                         Final Rule Stage
3208. 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        11/00/02
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, AIRl
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO


3209.  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  Timetable:
                  States' regulatory programs to ensure    Action
                  comprehensive emission control and
                  Federal consistency.
                  Timetable:	
                  Action              Date    FR Cite
                                                        Date
                           FR Cite
                                     NPRM
                                     Final Action
                 06/05/02 67 FR 38810
                 02/00/03
                  NPRM
                  Final Action
                 09/08/99 64 FR 48731
                 11/00/02
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, AIRl
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01


3210.  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..
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: Philip B. Mulrine,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
RIN: 2060-AH69
                                                       3211. REVIEW OF THE NATIONAL
                                                       AMBIENT AIR QUALITY STANDARDS
                                                       FOR PARTICULATE MATTER
                                                       Priority: Economically Significant.
                                                       Major status under 5 USC 801 is
                                                       undetermined.
                                                       Unfunded Mandates: Undetermined
                                                       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, anticipated that EPA would
                                                       complete the next review of the PM
                                                       NAAQS by July 2002. The EPA's plans
                                                       and schedule for the next periodic
                                                       review of the PM NAAQS were
                                                       published on October 23, 1997 (62 FR
                                                       55201). Due to the unprecedented
                                                       volume of new research, the
                                                       completion of the Criteria Document
                                                       has been extended and as a result the
                                                       overall schedule for the review of the

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 75218
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                               Final  Rule Stage
 PM NAAQS has extended beyond the
 original target of July 2002. As with
 other NAAQS reviews, a rigorous
 assessment of relevant scientific
 information will be presented in a
 Criteria Document (CD) prepared by
 EPA's National Center for
 Environmental Assessment. The EPA's
 Office of Air Quality Planning and
 Standards will then prepare a Staff
 Paper (SP) for the Administrator which
 will evaluate the policy implications of
 the key studies and scientific
 information contained in the CD and
 additional technical analyses and
 identify critical elements that EPA staff
 believe should be considered in
 reviewing the standards. The CD and
 SP will be reviewed by the Clean Air
 Scientific Advisory Committee
 (CASAC) and the public, and both final
 documents will reflect the input
 received through these reviews. As the
 PM NAAQS review is completed, the
 Administrator's proposal to revise or
 reaffirm the PM NAAQS will be
 published with a request for public
 comment. Input received during the
 public comment period will be
 reflected in the Administrator's final
 decision.

 Timetable:
Action
    Date
FR Cite
NPRM
Final Action
   12/00/03
   07/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities 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, C504-05,
Research Triangle Park,  NC 27711
Phone: 919 541-5274
Email: martin.karen@epa.gov

RIN: 2060-AI44
 3212. OVERVIEW OF RULEMAKINGS
 FOR THE PURPOSE OF REDUCING
 INTERSTATE OZONE TRANSPORT
 Regulatory Plan: This entry is Seq. No.
 139 in part II of this issue of the
 Federal Register.
 RIN: 2060-AJ20

 3213. 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)(lKi); 40
 CFR 80.93(a)
 Legal Deadline: None
 Abstract: "Dumping" refers to the
 practice whereby refiners making clean
 fuels for certain markets (such as
 reformulated gasoline for clean-air
 purposes) take the pollutants removed
 from the clean fuels and "dump" them
 into other fuels  they are producing for
 other markets. This, if allowed, would
 make those other fuels even dirtier than
 before, and so the Clean Air Act
 prohibits this practice. EPA has existing
 "anti-dumping" rules on the books that
 codify this Clean Air Act prohibition.
 This regulation is a minor technical
 amendment to those existing
 regulations. It would amend a portion
 of those regulations to allow the use
 of data collected after January 1, 1995
 in the development of baselines, and
 it would establish a cut-off date of
January 1, 2002  for the submission  of
 all individual baselines under the anti-
 dumping program. This date is the
 same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.)
Timetable:
                       Action
                                         Date
                                     FR Cite
                       Direct Final Rule     11/00/02
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: No
                       Government Levels Affected: None
                       Additional Information: SAN No. 4604
                       Agency Contact: Christine M. Brunner,
                       Environmental Protection Agency, Air
                       and Radiation, Washington, DC 20460
                       Phone: 734 214-4287
                                                             Fax:734214-4051
                                                             Email: brunner.christine@epa.gov

                                                             Patrice Simms, Environmental
                                                             Protection Agency, Air and Radiation,
                                                             2344
                                                             Phone: 202 564-5593
                                                             Fax: 202 564-5603
                                                             Email: simms.patrice@epa.gov
                                                             RIN: 2060-AJ82


                                                             3214. 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         11/00/02
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,
QMS EPCD, Washington, DC 20460

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              Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/Unified Agenda
                                                                                      75219
EPA—Clean Air Act (CAA)
                                                                           Final  Rule Stage
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
BIN: 2060-AI11

3215. 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 finalizing
the notice to update the current fee
provisions for the existing industries
and incorporate fees for nonroad
manufacturers. In addition, the fee
schedule will he 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
08/07/02 67 FR 51401
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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


3216. NSPS: SOCMI —
WASTEWATER, AND AMENDMENT TO
APPENDIX C OF PART 63 AND
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
                                     09/12/94 59 FR 46780
                                     10/11/95 60 FR 52889
                                     12/09/98 63 FR 67988
NPRM
SuppNPRM-1st
Supp NPRM-2nd
  Appendix J to Part
  60
Final Action        08/00/03
Regulatory Flexibility Analysis
Required: No
                                                         Small Entities Affected: Businesses
                                                         Government Levels Affected: None
                                                         Additional Information: SAN No. 3380
                                                         Sectors Affected: 3251 Basic Chemical
                                                         Manufacturing
                                                         Agency Contact: Mary Tom Kissell,
                                                         Environmental Protection Agency, Air
                                                         and Radiation, C504-05, Research
                                                         Triangle Park, NC 27711
                                                         Phone: 919 541-4516
                                                         Fax: 919 541-0246
                                                         Email: kissell.mary@epa.gov

                                                         K. C. Hustvedt, Environmental
                                                         Protection Agency, Air and Radiation,
                                                         C439-03, Research Triangle Park, NC
                                                         27711
                                                         Phone: 919 541-5395
                                                         Fax: 919 541-0246
                                                         Email: hustvedt.ken@epa.gov
                                                         RIN: 2060-AE94
3217. SERVICE INFORMATION
REGULATION FOR LIGHT-DUTY
VEHICLES AND TRUCKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521(m)
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This rule will require
manufacturers of automobiles to
provide necessary information needed
to make use of emission control
diagnostic systems as well as that
needed to make emission-related
diagnosis and repairs by any person
engaged in the repairing or servicing
of motor vehicles or motor vehicle
engines. This will allow independent
service repair garages, individual
owners, parts manufacturers, etc., to
have access to emission control
information to better service
automobiles and ensure clean air
compliance requirements.
Timetable:
                                                         Action
                   Date
FR Cite
                                                                          06/08/01  66 FR 30830
                                                                          12/00/02
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3741
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, 6402

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75220        Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda

EPA—Clean Air Act (CAA)                                                                Final Rule  Stage
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AG13


3218. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
 Action
                   Date     FR Cite
 NPRM
 Final Action
12/08/97 62 FR 64532
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, D205-02, Research
 Triangle Park, NC 27711
 Phone:  919 541-1062
 Fax: 919 541-1039
 Email: mcalister.gary@epa.gov

 Frederick J. Thompson, Environmental
 Protection Agency, Air and Radiation,
 MD-19, Research Triangle Park, NC
 27711
 Phone:  919 541-2707
                   Email: thompson.fred@epa.gov
                   RIN: 2060-AG88


                   3219. 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, 15 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
                   NPRM
                   Final Action
                 07/03/01  66 FR 35326
                 02/00/03
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, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5450
Email: melton.lula@epa.gov
RIN: 2060-AH55


3220. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT
Priority: Substantive,  Nonsignificant
Legal Authority: 42 USC 7401 et seq
                                     CFR Citation: 40 CFR 82.5(h); 40 CFR
                                     82.6(h); 40 CFR 82.8; 40 CFR 82.4(n)-
                                     (s); 40 CFR 82.4(u)
                                     Legal Deadline: None
                                     Abstract: The Stratospheric Protection
                                     Division currently oversees an
                                     allowance allocation system for the
                                     class I ozone-depleting substances. An
                                     allowance allocation system for class II
                                     ozone-depleting substances or
                                     hydrochlorofluorocarbons (HCFCs) had
                                     not been established prior to 1998
                                     because consumption figures had
                                     hovered around 80 percent of the cap
                                     imposed by the Montreal Protocol in
                                     1992. U.S. consumption for 1999
                                     through 2001 has been fluctuating
                                     between 80 percent and 95 percent. 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
                                     mechanism to implement the phaseout
                                     of HCFC-141b, effective January 1,
                                     2003.
                                     Timetable:
                                     Action
                                                        Date
                                                                FR Cite
ANPRM            04/04/99 64 FR 16373
NPRM             07/20/01 66 FR 38064
Final Action         11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4120
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AH67


3221. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112; EO 12866
CFR Citation: 40 CFR 63

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                Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                       75221
  EPA—Clean Air Act  (CAA)
                                                                            Final  Rule Stage
 Legal Deadline: None
 Abstract: Fumed silica is produced at
 four facilities is three States. There is
 no NSPS for the source category. Based
 on preliminary results of a screening
 study, the source category emits
 chlorine, HC1, and chlorinated organics.
 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
02/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: Federal,
 State, Local
 Additional Information: SAN No. 4111
 Sectors Affected: 325188 All Other
 Basic Inorganic Chemical
 Manufacturing
 Agency Contact: William H. 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

 Robert J. Wayland, Environmental
 Protection Agency, Air and  Radiation,
 G439-01, Research Triangle  Park, NC
 27711
 Phone:  919 541-1045
 Fax: 919 541-5450
 Email: waylarid.robertj@epa.gov
 RIN: 2060-AH72

 3222. 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 HI 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 for one or more HAPs. As a
                    consequence, a regulation (emission
                    standards] will be developed for the
                    hydrochloric acid production industry.
                    Timetable:
                    Action
                                       Date    FR Cite
                    NPRM
                    Final Action
                   09/18/01 66 FR 48174
                   02/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: Businesses
 Government Levels Affected: None
 Additional Information: SAN No. 4104
 Sectors Affected: 325211 Plastics
 Material and Resin Manufacturing;
 325199 All Other Basic Organic
 Chemical Manufacturing; 325181
 Alkalies and Chlorine Manufacturing;
 325188 All Other Basic Inorganic
 Chemical Manufacturing
 Agency Contact: William H. 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

 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-AH75


 3223. PHASE I (FIP) TO REDUCE THE
 REGIONAL TRANSPORT OF OZONE
 IN THE EASTERN UNITED STATES
 Priority: Economically Significant.
 Major under 5 USC 801.
 Unfunded Mandates: This action may
 affect State, local or tribal governments
 and the private sector.
 Legal Authority: 42 USC 7410
 CFR Citation: 40 CFR 52; 40 CFR 97
 Legal Deadline: NPRM, Statutory,
January 25, 2003, EPA is required to
promulgate FIPs by January 25 2003
unless States submit approvable plans.
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases. The
intended effect is to reduce the
transport of ozone (smog) pollution and
 one of its main precursors — NOx —
 across State boundaries in the eastern
 half of the United States. On October
 27, 1998, EPA published a final rule
 (the NOx SIP Call) which allowed
 States 12 months to develop, adopt,
 and submit revisions to their State
 Implementation Plans (SIPs) to address
 the transport problem. The
 Administrator is required to promulgate
 a FIP within 2 years of: (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. Only
 Michigan has not yet submitted a fully
 approvable plan. (Note: The FIPs
 discussed here will apply to all
 elements of the NOx SIP call that were
 not remanded to EPA by the court on
 March 3, 2000. The portions of the SIP
 call that were remanded to EPA will
be covered under Phase 2 SIPs, and if
necessary, separate FIP actions will be
prepared for those.)
Timetable:
                                                         Action
                                                                            Date
                                                                                    FR Cite
                                                         NPRM            10/21/98 63 FR 56393
                                                         Findings Rule       12/26/00 65 FR 81366
                                                         Final Action         02/00/03
                                                         Regulatory Flexibility Analysis
                                                         Required: Yes
                                                         Small Entities Affected: Businesses
                                                         Government Levels Affected: Federal,
                                                         State, Local
                                                         Federalism: This action may have
                                                         federalism implications as defined in
                                                         EO 13132.
                                                         Additional Information:  SAN No. 4096
                                                         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

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75222
Federal  Register/Vol. 67, No.  236/Monday, December 9. 2002/Unified Agenda	

                                                                               Final  Rule Stage
EPA—Clean Air  Act (CAA)
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; 333.618 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, RTF, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epa.gov

Jan King, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
 RIN: 2060-AH87

3224. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
 (VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 740l-767lq
 CFR Citation: 40 CFR 51.lOO(s)
 Legal Deadline: None
 Abstract: The definition of VOC  is
 proposed to be revised to add tertiary
 butyl acetate to the list of negligibly
 reactive compounds. This is a
 deregulatory action that will remove
                       tertiary butyl acetate from the necessity
                       to be controlled as a VOC in SIPs for
                       attaining the ozone standard. This is
                       not expected to have a significant
                       impact on small businesses or local
                       governments.
                       Timetable:    	
                       Action              Date    FR Cite
                        NPRM
                        Final Action
09/30/99  64 FR 52731
11/00/02
                        Regulatory Flexibility Analysis
                        Required: No
                        Small Entities Affected: No
                        Government Levels Affected: None
                        Additional Information: SAN No. 4254
                        Agency Contact: William L. Johnson,
                        Environmental Protection Agency, Air
                        and Radiation, 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: 202 564-1174
                        Fax: 202 564-5603
                        Email: keating.terry@epa.gov
                        RIN: 2060-AI45


                        3225. 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 SIP
call and covers part of Michigan. Thus,
EPA is proposing to withdraw its
section 126 findings and control
requirements with respect to sources
located in the small part of the coarse
grid portion  of Michigan that is'
currently covered by the Section 126
Rule. The EPA has not identified any
existing section 126 sources that would
be affected by the proposal,  however
this proposal would eliminate findings
and control requirements for new
sources locating in the coarse grid. This
proposal does not create any new
requirements, thus there are no
associated costs. The EPA is also
proposing to revise the definition
"applicable requirement" for title V
operating permit programs by providing
expressly 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
                    Final Action
                  02/22/02  67 FR 8386
                  12/00/02
                    Regulatory Flexibility Analysis
                    Required: No

                    Small Entities Affected: No

                    Government Levels Affected: None

                    Additional Information: SAN No. 4464

                    Sectors Affected: 221112 Fossil Fuel
                    Electric Power Generation

                    Agency Contact: Carla Oldham,
                    Environmental Protection Agency, Air
                    and Radiation, C539-02, RTF, 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

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               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                      75223
 EPA—Clean Air Act (CAA)
                                                                           Final  Rule Stage
 3226. 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
 (PSD) to State Implementation Plans
 (SIPs) for controlling air pollution
 sources. Appendix W to 40 CFR part
 51 fulfills a Clean Air Act mandate for
 EPA to specify models for air
 management purposes. This proposed
 rulemaking enhances appendix W with
 new and/or improved techniques.

 Timetable:
Action
                   Date    FR Cite
NPRM
Final Action
04/21/00  65 FR 21505
01/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 3470

Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-0832
Email: coulter.tom@epa.gov

Joseph A. Tikvart, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-5562
Email: tikvart.joe@epa.gov

RIN: 2060-AF01
                    3227. NESHAP: INTEGRATED IRON
                    AND STEEL
                    Priority: Otfier Significant
                    Legal Authority: 42 USC 7412 CAAA
                    sec 112
                    CFR Citation: 40 CFR 63
                    Legal Deadline: None
                    Abstract: The Clean Air Act, as
                    amended November 1990, requires the
                    EPA to regulate categories of major and
                    area sources of hazardous air pollutants
                    (HAP). The EPA has determined that
                    integrated iron and steel mills emit
                    several of the 188 HAP listed
                    (including compounds of chromium,
                    lead, manganese, toluene, and
                    polycyclic organic matter) in quantities
                    sufficient to designate them as major
                    sources. As a consequence, integrated
                    iron and steel facilities are among the
                    HAP-emitting source categories selected
                    for regulation.
                    Timetable:
                    Action
                                      Date     FR Cite
                    NPRM
                    Final Action
                  07/13/01 66 FR 36836
                  02/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 3346
 Agency Contact: Philip B. Mulrine,
 Environmental Protection Agency, Air
 and Radiation, C504-05, Research
 Triangle Park, NC 27711
 Phone: 919 541-5289
 Fax: 919 541-5450
 Email: mulrine.phil@epa.gov
 RIN: 2060-AE48


 3228. 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 HAPs,
                                      except for methylene chloride, are also
                                      VOCs.
                                      Timetable:
                                     Action
                                                        Date    FR Cite
                                                       08/02/01 66 FR 40324
                                                       02/00/03
NPRM
Final Action
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,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
                                                        3229. NATIONAL EMISSION
                                                        STANDARDS FOR HAZARDOUS AIR
                                                        POLLUTANTS: MISCELLANEOUS
                                                        ORGANIC CHEMICAL
                                                        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

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 75224
Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                               Final Rule Stage
 tanks, wastewater, solvent recovery,
 and heat exchange systems.

 Timetable:
                       Timetable:
 Action
                    Date
             FR Cite
 NPRM
 Final Action
   04/04/02 67 FR 16154
   08/00/03
 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, C439-02, 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,
 C504-04, Research Triangle Park, NC
 27711
 Phone: 919 541-5396
 Fax: 919 541-3470
 Email: lassiter.penny@epa.gov

 RIN: 2060-AE82


 3230. NESHAP: MERCURY CELL
 CHLOR-ALKALI PLANTS

 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7412 CAAA
 sec 112

 CFR Citation: 40 CFR 63

 Legal Deadline: NPRM, Statutory, May
 15, 2002.

 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.
                       Action
                                          Date     FR Cite
                                      NPRM
                                      Final Action
                                         07/03/02 67 FR 44672
                                         08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3449
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5450
Email: rosario.iliam@epa.gov
RIN: 2060-AE85


3231.  NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
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
                       Final Action
                  08/13/02 67 FR 52780
                  02/00/03
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: Businesses,
                       Governmental Jurisdictions
                       Government Levels Affected: Federal,
                       State, Local
                       Additional Information: SAN No. 3825
                       Sectors Affected: 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;
 331511 Iron Foundries; 332311
 Prefabricated Metal Building and
 Component Manufacturing; 33612
 Heavy Duty Truck Manufacturing;
 335312 Motor and Generator
 Manufacturing; 33312 Construction
 Machinery Manufacturing; 332312
 Fabricated Structural Metal
 Manufacturing; 326291 Rubber Product
 Manufacturing for Mechanical Use;
 336212 Truck Trailer Manufacturing;
 331111 Iron and Steel Mills
 Agency Contact: Kim Teal,
 Environmental Protection Agency, Air
 and Radiation, C504-05, 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,
 C504-05, Research Triangle Park, NC
 27711
 Phone: 919 541-5342
 Fax: 919 541-5689
 Email: byrne.dianne@epa.gov

 RIN: 2060-AG56


 3232. 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: None
 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

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               Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                       75225
 EPA—Clean Air  Act (CAA)
                                                                            Final  Rule Stage
 this action is to pursue a regulatory
 development program such that
 emission standards may be proposed
 and promulgated according to die
 mandated schedule.
 Timetable:
 Action
 Date     FR Cite
 NPRM
 Final Action
11/21/01  66 FR 58610
02/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 3655
 Sectors Affected: 324122 Asphalt
 Shingle and Coating Materials
 Manufacturing
 Agency Contact: Rick Colyer,
 Environmental Protection Agency, Air
 and Radiation, C504-05, Research
 Triangle Park, NC 27711
 Phone: 919 541-5262
 Fax: 919 541-5600
 Email: colyer.rick@epa.gov

 James U. Crowder, Environmental
 Protection Agency, Air and Radiation,
 C504-05, Research Triangle Pa, NC
 27711
 Phone: 919 541-5596
 Fax: 919 541-5600
 Email: crowder.jim@epa.gov
 RIN: 2060-AG66
3233. 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
                  06/20/02 67 FR 42108
                  02/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: None
                    Additional Information: SAN No. 3652
                    Agency Contact: Susan Fairchild,
                    Environmental Protection Agency, Air
                    and Radiation, C504-05, Research
                    Triangle Park, NC 27711
                    Phone: 919 541-5167
                    Fax: 919 541-5600
                    Email: fairchild.susan@epa.gov

                    James U. Crowder, Environmental
                    Protection Agency, Air and Radiation,
                    C504-05, Research Triangle Pa, NC
                    27711
                    Phone: 919 541-5596
                    Fax: 919 541-5600
                    Email: crowder.jim@epa.gov
                    RIN: 2060-AG68
                   3234. NESHAP: SEMICONDUCTOR
                   PRODUCTION
                   Priority: Substantive, Nonsignificant
                   Legal Authority: 42 USC 7401 et seq
                   CFR Citation: 40 CFR 63 BBBBB
                   Legal Deadline: Final, Statutory,
                   November 15, 2000.
                   Abstract: This rule will establish a
                   MACT (maximum available control
                   technology) for semiconductor
                   production facilities. There is currently
                   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 Cite
                   NPRM             05/08/02 67 FR 30848
                   Final Action         02/00/03
                   Regulatory Flexibility Analysis
                   Required: No
 Small Entities Affected: No

 Government Levels Affected: None

 Additional Information: SAN No. 3902
 Sectors Affected: 334413
 Semiconductor and Related Device
 Manufacturing

 Agency Contact: John Schaefer,
 Environmental Protection Agency, Air
 and Radiation, MD-13, Research
 Triangle Park, NC 27711
 Phone: 919 541-0296
 Fax: 919 541-5600
 Email: schaefer.john@epa.gov

 Penny Lassiter, Environmental
 Protection Agency, Air and Radiation,
 C504-04, Research Triangle Park, NC
 27711
 Phone: 919 541-5396
 Fax: 919 541-3470
 Email: lassiter.penny@epa.gov

 RIN: 2060-AG93
                                     3235. NESHAP: FABRIC PRINTING,
                                     COATING AND DYEING
                                     Priority: Substantive, Nonsignificant
                                     Legal Authority: 42 USC 7401 et seq
                                     CFR Citation: 40 CFR 63
                                     Legal Deadline: None
                                     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             07/11/02  67 FR 46028
Final Action         02/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses
Government Levels Affected: State,
Local

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

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75226
Federal Register/Vol.  67, No. 236/Monday, December  9, 2002/Unified Agenda
EPA—Clean  Air Act (CAA)
                                                                               Final Rule Stage
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,
C5 04-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
BIN: 2060-AG98


3236. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
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 exempt from rule
requirements.
Timetable:
Action
     Date     FR Cite
NPRM
Final Action
   07/30/02 67 FR 49398
   08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C504-05, 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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH12


3237. 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(bJ 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
                  05/14/02 67 FR 34548
                  02/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 3972
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


3238.  NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
                                      distributing organic liquids. MACT
                                      standards are under development to
                                      reduce the release of hazardous air
                                      pollutants (HAPs) from all industries to
                                      protect the public health and
                                      environment. This project should
                                      include but is not limited to those
                                      activities associated with the storage
                                      and distribution of organic liquids
                                      other than gasoline at sites that serve
                                      as distribution points from which
                                      organic liquids may be obtained for
                                      further use and processing.
                                      Timetable:
                                      Action
                   Date     FR Cite
NPRM             04/02/02  67 FR 15674
Final Action         08/00/03
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, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov

K. C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41


3239.  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

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               Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                                     75227
 EPA—Clean Air Act (CAA)
                                                                          Final  Rule Stage
 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 axe
 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:
                   Timetable:
Action
Date
FR Cite
NPRM             03/24/94 59 FR 13912
Supplemental NPRM  02/12/96 61 FR 5840
Final Acflon         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


3240. 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 ART 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.
                   Action
                             Date
                            FR Cite
                   NPRM1
                   NPRM
                   Final Action
                            02/29/96 61 FR7858
                            11/01/96 61 FR 56493
                            12/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: Businesses
 Government Levels Affected: None
 Additional Information: SAN No. 3556
 Agency Contact: Julius Banks,
 Environmental Protection Agency, Air
 and Radiation, 6205J, Washington, DC
 20460
 Phone: 202 564-9870
 Fax: 202 565-2156
 Email: banks.julius@epa.gov

 Tom Land, Environmental Protection
 Agency, Air and Radiation, 6205J,
 Washington, DC 20460
 Phone: 202 564-9185
 Fax: 202 565-2155
 Email: land.tom@epa.gov
 RIN: 2060-AF36

 3241. 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            06/11/98 63 FR 32044
                  Final Action        03/00/03
                  Regulatory Flexibility Analysis
                  Required: No
                  Small Entities Affected: Businesses,
                  Governmental Jurisdictions
 Government Levels Affected: None
 Additional Information: SAN No. 3560
 Agency Contact: Julius Banks,
 Environmental Protection Agency, Air
 and Radiation, 6205J, Washington, DC
 20460
 Phone: 202 564-9870
 Fax:202565-2156                 '.:
 Email: banks.julius@epa.gov

 Tom Land, Environmental Protection
 Agency, Air and Radiation, 6205J,
 Washington, DC 20460
 Phone: 202 564-9185
 Fax: 202 565-2155
 Email: land.tom@epa.gov
 RIN: 2060-AF37


 3242. 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.
 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 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

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 75228
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                               Final  Rule  Stage
 Dianne Byrne, Environmental
 Protection Agency, Air and Radiation,
 C504-05, Research Triangle Park, NC
 27711
 Phone: 919 541-5342
 Fax: 919 541-5689
 Email: byrne.dianne@epa.gov
 RIN: 2060-AG58


 3243. 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
Final Action
   06/21/02  67 FR 42400
   08/00/03-
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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
                       Fax: 919 541-5689
                       Email: byrne.dianne@epa.gov
                       RIN: 2060-AH02


                       3244. 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  05/23/02  67 FR 36460
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: JoLynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5671
Fax: 919 541-0246
Email: collin.jolynn@epa.gov

K. C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13


3245. 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,
November 15, 2000.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to:
 (1) publish an initial list of all
 categories of major and area sources of
 the hazardous air pollutants (HAPs)
 listed in section 112(b) of the  CAA; (2)
 promulgate a schedule establishing a
 date for the promulgation of emission
 standards for each of the listed
 categories of HAPs emission sources;
 and (3) develop emission standards for
 each source of HAPs. These standards
 are to be technology-based and are to
 require the maximum degree of
 emission reduction determined to be
 achievable by the Administrator. The
 Agency has determined that the
 application of asphalt or coal tar to
 metal pipes may reasonably be
 anticipated to emit several of the 189
 HAPs listed in section 112(b) of the
 CAA. As a consequence, a regulatory
 development program is being pursued
 for the asphalt/coal tar application on
 metal pipes industry to promulgate
 emission standards.
 Timetable:
                                                            Action
                                                                               Date     FR Cite
NPRM             08/13/02 67 FR 52780
Final Action         08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C504-05, 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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AH78


3246.  NESHAP: FRICTION PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412

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              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                                         75229
EPA—Clean  Air Act (CAA)
                                                                                              Final  Rule  Stage
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 (GAA). 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
                  10/04/01 66 FR 50768
                  11/00/02
NPRM
Final Action
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
RIN: 2060-AJ18


3247.  NESHAP: 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:
                                      Timetable:
                                      Action
                                                         Date
                           FR Cite
NPRM
Final Action
08/08/01  66 FR 41718
02/00/03
                                      Regulatory Flexibility Analysis
                                      Required: No

                                      Small Entities Affected: No

                                      Government Levels Affected: None

                                      Additional Information: SAN No. 4449

                                      Agency Contact: Maria Noell,
                                      Environmental Protection Agency, Air
                                      and Radiation, C504-05, 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,
                                      C5 04-04, Research Triangle Park, NC
                                      27711
                                      Phone: 919 541-5396
                                      Fax: 919 541-3470
                                      Email: lassiter.penny@epa.gov

                                      RIN: 2060-AJ19
                                      3248. 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.
                                      Action
                                                         Date     FR Cite
                                      NPRM
                                      Final Action
                                      03/22/02 67 FR 13496
                                      11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 4546
Agency Contact: Robert 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: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ66


3249. « NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action announces our
decision not to issue regulations for the
Chlorine Production source category.
The source category is composed of
nearly 50 facilities that produce
chlorine using several different
methods. We have determined that 21
of these facilities are major sources,
including  20 chlor-alkali plants that
produce chlorine and caustic as co-
products through the electrolysis of
brine, and one primary magnesium
refining facility that produces chlorine
as a by-product of magnesium metal
production. Primary magnesium
refining is a separately listed source
category and, as such, the one refiner
will be addressed in a separate
rulemaking. None of the 20 chlor-alkali
plants are in and of themselves major
sources. All are well-controlled and
emit negligible amounts of chlorine
and, in some cases, additional
negligible  amounts of hydrochloric
acid. These sources are major only due

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75230
Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
EPA—Clean  Air Act (CAA)
                                                                               Final  Rule Stage
to collocation. That is, they are part of
larger establishments that are major
sources. These larger establishments
include organic chemical
manufacturers, polymer and resin
producers, and pulp and paper mills,
all of which are already subject to one
or more NESHAP. Section 112(d)(4)
gives us the discretion to consider risk
in issuing MACT standards for
pollutants for which a health threshold
has been established, provided that the
public health is protected with an
ample margin of safety. Chlorine and
HCl are both threshold pollutants for
which we have defined threshold
values in the form of Inhalation
Reference Concentrations (RfCs). We
have modeled chlorine and HCl
emissions from each of the 20 chlor-
alkali plants and have determined that
none of the plants emit chlorine or HCl
in quantities that result in human
exposures in the ambient air at levels
approaching the threshold values.
Therefore, we conclude that no further
control or regulation is necessary.
NOTE: Three of the 20 chlor-alkali
plants operate mercury cells. We are
addressing mercury emissions from
mercury cell chlor-alkali plants in a
separate proposal, which is currently in
the  review cycle in headquarters. To
facilitate  comment, we plan to publish
both the mercury cell proposal and this
action on chlorine production in the
same issue of the Federal Register.

Timetable:
Action
                   Date     FR Cite
NPRM
Final Action
   07/03/02 67 FR 44713
   07/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: SAN No. 4685

Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5450
Email: rosario.iliam@epa.gov

Alfred Vervaert, Environmental
Protection Agency, Air and Radiation,
C439-02, Research Triangle Park, NC
27711
Phone: 919 541-5602
Fax: 919 541-5450
                       Email: vervaert.al@epa.gov

                       RIN: 2060-AK38
3250. a NESHAP FOR PRIMARY
ALUMINUM REDUCTION PLANTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The NESHAP for Primary
Aluminum Reduction Plants was
promulgated in 1997  (40 CFR part 63,
subpart LL). The amendments
described here would revise the
emission limit for polycyclic organic
matter applicable to one subcategory of
source based on newly available data
more representative of performance
from the top five performing sources.
The proposed amendments would also
clarify language on compliance dates
and add specific provisions for startup
of new or reconstructed affected
sources and affected sources that restart
after being idled for long periods of
time. More time would be allowed due
to the nature of the process operation,
depending on the type of source. No
additional costs or information
collection requirements would be
incurred as a result of the  amendments.
There also are no significant policy
issues. State  agency and industry
representatives concur with the
changes, which will improve
implementation of the 1997 rule.
Timetable:
                                      Action
                                                         Date     FR Cite
                       Proposed Amendment 11/00/02
                       Final Action         06/00/03
                       Regulatory Flexibility Analysis
                       Required: No
                       Government Levels Affected: None
                       Additional Information: SAN No. 4713
                       Agency Contact: Steve Fruh,
                       Environmental Protection Agency, Air
                       and Radiation, C439-04, Research
                       Triangle Park, NC 27711
                       Phone: 919 541-2837
                       Fax: 919 541-0942
                       Email: fruh.steve@epa.gov

                       Susan Wyatt, Environmental Protection
                       Agency, Air and Radiation, C504-05,
                       Research Triangle Park, NC 27711
                       Phone: 919 541-5674
                       Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AK50


3251. • SITE SPECIFIC RULE FOR
WEYERHAUSER SULFITE MILL
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
                                                             CFR Citation: 40 CFR 63
                                                             Legal Deadline: None
                                                             Abstract: This rule will apply to the
                                                             Weyerhaeuser sulfite mill in
                                                             Cosmopolis, WA. The rule will allow
                                                             the mill to control the non regulated
                                                             hog fuel dryer at the mill rather than
                                                             controlling the sulfite recovery furnace.
                                                             It is expected that the source will
                                                             achieve greater emission reductions at
                                                             a lower cost than would occur
                                                             otherwise.
                                                             Timetable:
                                                             Action
                   Date     FR Cite
                                                             Direct Final Rule
                  12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4717
Agency Contact: Jeffrey Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax:  919 541-5600
Email: telander.jeff@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax:  919 541-5600
Email: crowder.jim@epa.gov
RIN:  2060-AK53


3252. •  NESHAP: SECONDARY
ALUMINUM INDUSTRY AMENDMENTS
Priority: Other Significant
Legal Authority: 42  USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 1999.
Abstract: EPA promulgated MACT to
control emissions of HAP from the
secondary aluminum production
industry on March 23, 2000. After

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               Federal Register/Vol. 67, No.  236/Monday, December  9,  2002/Unified Agenda        75231
 EPA—Clean Air Act (CAA)
                                                                          Final Rule  Stage
 publication, two groups representing
 four industry trade groups filed a
 petition for review of the rule. EPA
 reached an initial settlement agreement
 with industry to develop a separate rule
 for aluminum die casters, aluminum
 foundries, and aluminum, extruders and
 publish a proposed stay of the rule
 with respect to these sources. Later the
 EPA reached a separate settlement
 agreement with groups representing
 aluminum die casters, aluminum
 foundries, and aluminum extruders that
 resulted in these groups remaining
 subject to the rule with certain
 technical changes to the rule itself. EPA
 also reached a separate settlement
 agreement with the Aluminum
 Association to make certain technical
 changes in the rule. A direct final rule
 and parallel proposal and a  proposed
 rule xvas published in the FR to
 implement the settlement agreements
 on June 14, 2002. The settlement
 agreement with industry require EPA to
 have the Administrator sign the rule to
 promulgate the changes in the
 settlement agreement by December 13,
 2002.
 Timetable:
Action
Date
FR Cite
Direct Final Rule      06/14/02 67 FR 41118
  Amend.
NPRM Amendments  06/14/02 67 FR 41125
Withdrawal of Direct   08/13/02 67 FR 52616
  Final Rule
Final Action         11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4723
Sectors Affected: 331314 Secondary
Smelting and Alloying of Aluminum
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
BIN: 2060-AK57
3253. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): BASELINE EMISSIONS
DETERMINATION, ACTUAL-TO-
FUTURE-ACTUAL METHODOLOGY,
PLANTWIDE APPLICABILITY

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. These revisions include
changes in NSR applicability
requirements for modifications (and
provisions to allow States to make
similar changes in their major NSR
programs) to allow sources  more
flexibility to respond to rapidly
changing markets and to plan for future
investments in pollution control and
prevention technologies. These changes
reflect EPA's consideration  of
discussions and recommendations of
the Clean Air Act Advisory
Committee's (CAAAC) Subcommittee
on NSR, Permits and Toxics, comments
filed by the public, and meetings and
discussions with interested
stakeholders. The changes are intended
to provide greater regulatory certainty,
administrative flexibility, and permit
streamlining, while ensuring the
current level of environmental
protection and benefit derived from the
program. Regulations that will be
affected are State implementation plan
requirements for review of hew 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).
Timetable:
                  Action
                             Date
                           FR Cite
                  NPRM
                  Final Action
                           07/23/96 61 FR 38249
                           11/00/02
 Government Levels Affected: Federal,
 State, Local
 Federalism: Undetermined
      j^~
 Additional Information: SAN No. 3259
 Agency Contact: Lynn Hutchinson,
 Environmental Protection Agency, Air
 and Radiation, C33903, Research
 Triangle Park, NC 27711
 Phone: 919 541-5795
 Fax: 919 541-5509
 Email: hutchinson.lynn@epa.gov
 RIN: 2060-AE11


 3254. EXPANDED DEFINITIONS FOR
 ALTERNATIVE-FUELED VEHICLES
 AND ENGINES MEETING  LOW-
 EMISSION VEHICLE EXHAUST
 EMISSION STANDARDS
 Priority: Substantive, Nonsignificant
 Legal Authority: 15 USC 2001; 15 USC
 2002; 15 USC 2003; 15 USC 2005; 15
 USC 2006; 15 USC 213; 42 USC 7521;
 42 USC  7522; 42 USC 7524; 42 USC
 7525; 42 USC 7541; 42 USC 7542; 42
 USC 7549; 42 USC 7550; 42 USC 7552
 CFR Citation: 40 CFR 86;  40 CFR 88
 Legal Deadline: None
 Abstract: This action will ease the
 burden of  certification for both Original
 Equipment Manufacturers (OEMs) and
 after-market conversion entities. This
 action will, for vehicles and engines
 meeting LEV emission standards,
 broaden the definition of the term
 dedicated  fuel system, broaden the
 criteria for engine families, and provide
 an exemption from certification fees.
 This action is not a deregulatory action.
 This action will provide another means
 for small business to remain active
 entities in  supplying alternatively
 fueled vehicles to the market place. The
 above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
 changes. This action will enhance the
 ability for  the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Timetable:
                                                        Action
                                                                  Date
                                                                FR Cite
                  Regulatory Flexibility Analysis
                  Required: No
                  Small Entities Affected: No
                                     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

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 75232
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified  Agenda
 EPA—Clean Air Act (CAA)
                                                                               Final  Rule Stage
 Government Levels Affected: None
 Additional Information: SAN No. 4030
 Agency Contact: Sam Napolitano,
 Environmental Protection Agency, Air
 and Radiation, 6405J, Washington, DC
 20640
 Phone: 734 214-4310
 Email: sam.napolitano@epa.gov
 RIN: 2060-AH52


 3255. CONTROL OF EMISSIONS OF
 AIR POLLUTION FROM NEW MARINE
 COMPRESSION-IGNITION ENGINES
 AT OR ABOVE 30 LITERS PER
 CYLINDER
 Regulatory Plan: This entry is Seq. No.
 140 in part II of this issue of the
 Federal Register.
 RIN: 2060-AJ98


 3256. 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             12/00/03
Final Action         12/00/04
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
                       Fax: 919 541-5509
                       Email: vogel.ray@epa.gov

                       Steve Hitte, Environmental Protection
                       Agency, Air and Radiation, C304-04,
                       Research Triangle Park, NC 27711
                       Phone: 919 541-0886
                       Fax: 919 541-5509
                       Email: hitte.steve@epa.gov
                       RIN: 2060-AF70


                       3257.  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
                       Agency Contact: Regina Thompson,
                       Environmental Protection Agency,
                       Regional Office Seattle, OAQ-107, 1200
                       6th Avenue; Seattle, Washington 98101
                       Phone: 206 553-1498
                       Fax: 206 553-0110
                       Email: 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


                    3258. METAL FURNITURE (SURFACE
                    COATING) NESHAP

                    Priority: Substantive, Nonsignificant

                    Legal Authority: 42 USC 7401 et seq

                    CFR Citation: 40 CFR 63

                    Legal Deadline: None

                    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
                    Final Action
                   04/24/02  67 FR 20206
                   02/00/03
 Regulatory Flexibility Analysis
 Required: No

 Small Entities Affected: Businesses

 Government Levels Affected: Federal,
 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, C504-05, Research
 Triangle Park, NC 27711
 Phone: 919 541-2379
 Fax: 919 541-5689
 Email: serageldin.mohamed

 Dianne Byrne, Environmental
 Protection Agency, Air and Radiation,
' C504-05, Research Triangle Park, NC
 27711
 Phone: 919 541-5342
 Fax: 919 541-5689
 Email: byrne.dianne@epa.gov

 RIN: 2060-AG55

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              Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                      75233
EPA—Clean Air Act (CAA)
                                                                           Final Rule Stage
3259. 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:
                    Timetable:
Action
                   Date
                           FR Cite
Interim Final Action
Rnal 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
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AI42

3260.  NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
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.
                    Action
                                       Date     FR Cite
                    NPRM
                    Final Action
                 07/22/02 67 FR 47894
                 02/00/03
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 K. Johnson,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov

James U. Crowder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Pa, NC
27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI67


3261.  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, nqnmetallic solids
that are subject to high temperature in
manufacture and/or use. The clay
ceramics manufacturing source category
includes facilities that manufacture
traditional ceramics. Traditional
ceramics include ceramic tile,
dinnerware, sanitaryware, pottery, and
porcelain. The primary raw material
used in the manufacture of traditional
ceramics is clay, the manufacture of
clay ceramics involves raw material
processing (crushing, grinding, and
screening), mixing, forming, shaping,
drying, glazing,  and firing.
Timetable:
                    Action
                   Date
FR Cite
                    NPRM
                    Rnal Action
                  07/22/02 67 FR 47894
                  02/00/03
          Small Entities Affected: Businesses
          Government Levels Affected: None
          Additional Information: SAN No. 4343
          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 K. Johnson,
          Environmental Protection Agency, Air
          and Radiation, C504-05, Research
          Triangle Park, NC 27711
          Phone: 919 541-5025
          Fax: 919 541-5450
          Email: johnson.mary@epa.gov

          James U. Crowder, Environmental
          Protection Agency, Air and Radiation,
          C504-05, Research Triangle Pa, NC
          27711
          Phone: 919 541-5596
          Fax: 919 541-5600
          Email: crowder.jim@epa.gov
          RIN: 2060-AI68
                                                         3262. NESHAP: ENGINE TEST
                                                         CELLS/STANDS
                                                         Priority: Substantive, Nonsignificant
                                                         Legal Authority: 42 USC 7401 et seq
                                                         CFR Citation: 40 CFR 63
                                                         Legal Deadline: None
                                                         Abstract: As required by section 112(c)
                                                         of the Clean Air Act,  the Environmental
                                                         Protection Agency has developed a list
                                                         of categories of sources of hazardous
                                                         air pollutants (HAP's). The HAP's are
                                                         listed in section 112(b)  of the Clean Air
                                                         Act. The Engine Test Facilities source
                                                         category are included on EPA's list of
                                                         sources of HAP's. The Engine Test
                                                         Facilities source category includes any
                                                         facility engaged in the testing of
                                                         stationary or mobile engines, including
                                                         turbines and reciprocating engines and
                                                         rocket engines. Aircraft engine testing
                                                         consists of facilities which perform
                                                         testing on uninstalled aircraft engines.
                                                         Non-aerospace engine test facilities
                                                         consists of facilities which perform
                                                         testing on uninstalled engines  such as
                                                         automotive engines, stationary turbines,
                                                         1C engines, and diesel engines.
                                                         Timetable:
                                                         Action
                             Date
          FR Cite
05/14/02  67 FR 34548
02/00/03
                    Regulatory Flexibility Analysis
                    Required: No
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No

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75234
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
 EPA—Clean  Air Act (CAA)
                                                                              Final  Rule Stage
Government Levels Affected: None

Additional Information: SAN No. 4144

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

BIN: 2060-AI74
3263. 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
                       Timetable:
                       Action
                                          Date
                                                                FR Cite
NPRM             05/09/00 65 FR 29934
Final Action         11/00/02
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


3264. 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);
42 USC  7410(k)(5)
CFR Citation: 40 CFR 61.93(a); 40 CFR   CFR Citation: 40 CFR 51 (Revision)
                                     Legal Deadline: None
                                     Abstract: On October 27,1998 (63 FR
                                     57355), EPA issued a rule to reduce
                                     smog in the eastern half of the country.
                                     The rule required 22 States and the
                                     District of Columbia to reduce
                                     emissions of nitrogen oxides (NOx),
                                     which reacts with other chemicals in
                                     the atmosphere to form smog. EPA
                                     required these reductions because
                                     pollution from each of these States was
                                     transported by the wind and
                                     significantly contributed to  unhealthy
                                     air quality in downwind states. In
                                     response to-litigation from several
                                     parties on the NOx SIP call, the United
                                     States Court  of Appeals for  the District
                                     of Columbia  issued a decision on
                                     March 3, 2000 making it clear that EPA
                                     and States can and should move
                                     forward  to implement this regional
                                     strategy. The ruling remanded certain
                                     relatively minor portions of the original
                                     rule back to the EPA. This rulemaking
                                     covers the portion of the rule associated
                                     with the remanded issues: certain
                                     cogeneration units, internal combustion
                                     engines, the partial State requirements
                                     for Georgia & Missouri and  the
                                     exclusion of Wisconsin. In this
                                     rulemaking, EPA will consider the
Legal Deadline: None

Abstract: Subparts H and I of 40 CFR
part 61 establish limits, under the
Clean Air Act, for radionuclide
emissions (other than radon) from
Department of Energy (DOE) and other
non-DOE federal facilities. These
Subparts require emission sampling,
monitoring, and calculations to identify
compliance with the standard. The
current air sampling methodology
required by the standards is embodied
in ANSI-N13. 1-1969, a consensus
guidance document that is incorporated
by reference in EPA's standards. That
guidance was updated  in 1999, and
contains new technical
recommendations  (that differ from the
1969 version) for obtaining
representative air samples. In this rule,
EPA is updating subparts H and I to
incorporate the new sampling guidance,
ANSI-N13. 1-1999, and  require its use
for new  facilities and for  those
undergoing significant  changes to
ventilation systems. Existing facilities
will be allowed to continue sampling
in accordance with the current
requirements.
partial State issue for Alabama &
Michigan and propose SIP submittal
dates and compliance dates, as well.
The D.C. Circuit Court also remanded,
or remanded and vacated, the
cogeneration unit issue in decisions on
the NOx SIP Call Technical
Amendments, and Section 126 Rule on
June 8, 2001 and May 15, 2001,
respectively. These remands will also
be addressed in this rulemaking.
Timetable:
                                                            Action
                                                                                             Date     FR Cite
                                                            NPRM
                                                            Final Action
                                                                                            02/22/02  67 FR 8395
                                                                                            12/00/02
                                                            Regulatory Flexibility Analysis
                                                            Required: No
                                                            Small Entities Affected: No
                                                            Government Levels Affected: State,
                                                            Local
                                                            Additional Information: SAN No. 4433
                                                            Agency Contact: Jan King,
                                                            Environmental Protection Agency, Air
                                                            and Radiation, C539-02, Research
                                                            Triangle Park, NC 27711
                                                            Phone: 919 541-5665
                                                            Fax: 919 541-0824
                                                            Email: king.jan@epa.gov

                                                            Carla Oldham, Environmental
                                                            Protection Agency, Air and Radiation,
                                                            C539-02, RTF, NC 27711
                                                            Phone: 919 541-3347
                                                            Fax: 919 541-0824
                                                            Email: oldham.carla@epa.gov
                                                            RIN: 2060-AJ16


                                                            3265. 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

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              Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                                        75235
EPA—Clean Air  Act (CAA)
                                                                                             Final  Rule Stage
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
                   Date    FR Cite
                  01/16/02 67 FR 2286
                  01/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4426
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5489
Email: driscoll.tom@epa.gov

Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
C304-04, Research Triangle Park, NC
27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kautman.kathy@epa.gov
RIN: 2060-AJ26

3266. NESHAP: PESTICIDES ACTIVE
INGREDIENTS—AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
September 6, 2002, Administrator's
Signature.
Abstract: On June 23, 1999, EPA
promulgated the NESHAP for Pesticide
Active Ingredient Production several
petitions were filed for judicial review.
These amendments are based on the
settlement agreement.
Timetable:
Action
                   Date
                           FR Cite
NPRM
Rnal Action
                 04/10/02 67 FR 17492
                 11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4457
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C439-02, 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,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov

RIN: 2060-AJ34


3267. FEDERAL PLAN FOR SMALL
MUNICIPAL WASTE COMBUSTION
UNITS

Priority: Substantive, Nonsignificant

Legal Authority: 1990 Amendments to
the CAA 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
                                                                                            11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 4454
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AJ46


3268.  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  7470-7479;
42 USC 7491; 42 USC 7492; 42 USC
7601;  42 USC 7602
CFR Citation: 40 CFR 51.309
Legal  Deadline: None
Abstract: This regulation is for an
action anticipated by the regional haze
rule that we published in July 1999.
One portion of the regional haze rule
was an optional visibility protection
program for nine Western States. Part
of this program for the West, a long-
term program to reduce stationary
source emissions of sulfur dioxide, was
incomplete at the time of the 1999 rule.
Accordingly, the rule required Western
States to submit an "Annex" to an
earlier report  of the Grand Canyon
Visibility Transport Commission. We
required the Annex to  contain sulfur
dioxide milestones for the years 2003
to 2018, to establish a program to track
emissions from stationary sources over
this time period, and to provide the
details of a market trading program that
would be triggered if a milestone is
exceeded. The Western Regional Air
Partnership submitted the Annex on
September 29, 2000. The purpose of
this rulemaking is to determine
whether the Annex meets the
requirements  of the regional haze rule

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75236
Federal Register/Vol. 87, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                             Final Rule Stage
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            05/06/02  67 FR 30418
Final Action        04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
                                   t,
Government Levels Affected: None
Federalism: Undetermined
Additional Information:  SAN No. 4495
Agency Contact: Timothy 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, C304-04,
Research  Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5489
Email: driscoll.tom@epa.gov
RIN: 2060-AJ50


3269. 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
(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      12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
                       Government Levels Affected: None
                       Additional Information: SAN No. 4508
                       Sectors Affected: 325 Chemical
                       Manufacturing; 324 Petroleum and Coal
                       Products Manufacturing; 42271
                       Petroleum.'Bulk Stations and Terminals
                       Agency Contact: Mark Morris,
                       Environmental Protection Agency, Air
                       and Radiation, C504-05, 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,
                       C504-04, Research Triangle Park, NC
                       27711
                       Phone: 919 541-5396
                       Fax: 919 541-3470
                       Email: lassiter.penny@epa.gov
                       RIN: 2060-AJ53


                       3270. 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
                                        04/05/02 67 FR 16625
                                        11/00/02
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4524
Sectors Affected: 32731 Cement
Manufacturing           •'
Agency Contact: Joseph P. 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 U. Crowder, Environmental
                                    Protection Agency, Air and Radiation,
                                    C504-05, Research Triangle Pa, NC
                                    27711
                                    Phone: 919 541-5596
                                    Fax: 919 541-5600
                                    Email: crowder.jim@epa.gov
                                    RIN: 2060-AJ57


                                    3271. 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     11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4554
Agency Contact: Christine M. 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


3272.  COMPILATION OF SOURCE-
SPECIFIC ALTERNATIVE METHODS
BEING APPROVED FOR SOURCE-
CATEGORY WIDE APPLICATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined

-------
               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                   75237
 EPA—Clean Air Act (CAA)
                                                        Final  Rule Stage
 CFR Citation: Not Yet Determined
 Legal  Deadline: None
 Abstract: Sources have applied for
 approval of alternative test methods for
 use at their facility. The Agency has
 approved these methods and issued
 letters of approval to each requestor.
 The Agency has determined that these
 methods could be used at similar
 sources, thus giving those sources an
 alternative test method to the one cited
 in the  regulation.  This action seeks to
 publish these facility-specific approvals
 in order to provide other facilities
 within the source category the option
 of using the alternative method.
 Timetable:	,
 Action               Date     FR Cite
 Direct Rnal Rule     10/00/03
 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, D205-02, Research
 Triangle Park, NC 27711
 Phone: 919 541-0443
 Fax: 919 541-1039
 Email:  howell.rima@epa.gov

 Connie Oldham, Environmental
 Protection Agency, Air and Radiation,
 D205-02, Research Triangle Park, NC
 27711
 Phone: 919 541-7774
 RIN: 2060-AJ84


 3273. BENZENE WASTE OPERATIONS
 NESHAP; AMENDMENTS
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7401 to 7626
 CFR Citation: 40 CFR 61
 Legal Deadline: None
 Abstract: This amendment will add a
 compliance option for tanks, making
 the Benzene Waste Operations NESHAP
 consistent with the RCRA CC rules.
 Hazardous waste treatment facilities
 have requested these amendments
because they must comply with both
rules. There 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
 Direct Final Rule
                  11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4591
 Sectors Affected: 32411 Petroleum
 Refineries; 325 Chemical
 Manufacturing; 3311 Iron and Steel
 Mills and Ferroalloy Manufacturing;
 562211 Hazardous Waste Treatment
 and Disposal
 Agency Contact: Robert 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: 919 541-0246
 Email: hustvedt.ken@epa.gov
 RIN: 2060-AJ87


 3274. PROPOSED AMENDMENTS TO
 PERFORMANCE STANDARDS AND
 MONITORING REQUIREMENTS FOR
 PARTICIPATE MATTER AT
 STATIONARY SOURCES
 Priority: Substantive, Nonsignificant
 Legal Authority: Not Yet Determined
 CFR Citation: 40 CFR 60 app B; 40
 CFR 60 app F
 Legal Deadline: None
 Abstract: This action would repropose
 some monitoring specifications that
 were originally included in an OSWER
 proposal to regulate air emissions from
 hazardous waste combustors (as
 explained further below). It revises
 several standards and requirements
 related to continuous emission
 monitoring systems for particulate
 matter (PM). These include:
 specifications and test procedures
known as Performance Specification 11
 (PS-11), and quality assurance
requirements known as "Procedure  2".
The proposed revisions clarify and
 update performance standards and
 monitoring requirements for facilities
 required to install and use continuous
 monitoring equipment to measure
 particulate matter emissions from
 stacks and ducts. The action does not
 change any emission standards or add
 any additional recordkeeping
 requirements. This action is a
 supplement to actions by EPA's
 OSWER that included proposed
 regulations for hazardous waste
 combustors. The first action was
 published in the Federal Register on
 December 30, 1997 (62 FR 67788).
 Recent OAR field studies have revealed
 needed revisions to PS-11 and
 Procedure 2. In view of the significant
 amount of time that has passed since
 the last proposal was published
 (December 30, 1997) and the significant
 amount of knowledge we have recently
 gained from our field studies, we
 believe that a supplemental proposal
 and another opportunity for the public
 to comment on PS-11 and Procedure
 2 are appropriate.
 Timetable:
Action
                   Date
                           FR Cite
NPRM             12/12/01 66 FR 64176
Final Action         02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4605
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Daniel Bivins,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC 27711
Phone: 919 541-5244
Fax: 919 541-0516
Email: bivins.dan@epa.gov

Connie Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
RIN: 2060-AJ88


3275. 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

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75238
Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                               Final  Rule Stage
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Legal Deadline: None
Abstract: Action is in response to the
October 29, 1999, United States Circuit
Court of Appeals decision to remand
to EPA part of the October 22, 1997,
Compliance Assurance Monitoring
rulemaking that included revisions  to
parts 70 and 71 compliance
certification requirements. The Court
ruled that the compliance certification
must address whether the affected
facility has been in continuous or
intermittent compliance.
Timetable:
Action
                   Date
                           FR Cite
Final Action         11/00/02
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, RTF, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epa.gov

Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, D243-02, RTF, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN:2060-AJ89


3276. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION AND MINOR CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Final, Statutory,
October 31, 2001, 80.855(b)(2) directs
EPA to revise the default baseline by
this date.
Abstract: The final rule, Control of
Emissions of Hazardous Air Pollutants
From Mobile Sources (66 FR 17230,
3/29/01), directed EPA to revise the
default toxics baselines in the rule to
include year 2000 data when it
                       becomes available. When revised, the
                       default toxics baseline values will be
                       the average toxics values for gasoline
                       over the period 1998-2000. This data
                       is now available, and this rule will
                       promulgate those revised baseline
                       values, and also incorporate several
                       minor technical corrections to the
                       existing rule.
                       Timetable:
                       Action
                                          Date
                                                  FR Cite
                        Direct Final Rule     11/00/02
                        Regulatory Flexibility Analysis
                        Required: No
                        Small Entities Affected: No
                        Government Levels Affected: None
                        Additional Information: SAN No. 4621
                        Agency Contact: Christine M. 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


                        3277. 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 Nation's International Civil
                        Aviation Organization (ICAO), thus
                        bringing the United States emission
                        standards into alignment with the
                        internationally adopted standards.  This
                        NOx standard was  adopted at the
                        ICAO/Committee on Aviation
                        Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the  public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
                   Date     FR Cite
Direct Final Rule
11/00/02
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, 6407, 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


3278. 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

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               Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified  Agenda
                                                                                       75239
 EPA—Clean Air  Act (CAA)
                                                                            Final  Rule Stage
 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
 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
Direct Rnal Rule
11/00/02
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: State,
Local

Additional Information: SAN No. 4647

Agency Contact: Michael Papp,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.michael@epa.gov

Tim Hanley, Environmental Protection
Agency, Air and Radiation, C339-02,
Research Triangle Park, NC 27711
Phone: 919 541-4417
Fax: 919 541-1903
Email: hanley.tim@epa.gov

RIN: 2060-AK05
                    3279. 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
                    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         11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4671
 Agency Contact: Grecia Castro,
 Environmental Protection Agency, Air
 and Radiation, C304-04, RTF, NC 27711
 Phone: 919 541-1351
 Fax: 919 541-5509
 Email: castro.grecia@epa.gov

 Steve Hitte, Environmental Protection
 Agency, Air and Radiation, C304-04,
 Research Triangle Park, NC 27711
 Phone: 919 541-0886
 Fax: 919 541-5509
 Email: hitte.steve@epa.gov
 RIN: 2060-AK11


 3280.  • PROTECTION OF
 STRATOSPHERIC OZONE: LISTING
 OF SUBSTITUTES FOR OZONE-
 DEPLETING SUBSTANCES
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7414; 42 USC
 7601; 42 USC 7671 to 7671(q)
 CFR Citation: 40 CFR 82 (Revision)
 Legal  Deadline: None
Abstract: This action lists three
substitutes for ozone-depleting
                                      substances in the fire suppression and
                                      explosion protection sector as
                                      acceptable (subject to use restrictions)
                                      under EPA's Significant New
                                      Alternatives Policy (SNAP) program.
                                      The SNAP program evaluates
                                      substitutes for ozone-depleting
                                      substances and publishes lists of
                                      acceptable and unacceptable
                                      substitutes. The intended effect of the
                                      SNAP program is to support the
                                      transition away from ozone-depleting
                                      substances through review of
                                      substitutes and their effects on human
                                      health and the environment.
                                      Timetable:	•
                                      Action              Date     FR Cite
                                      Direct Final Rule
                  11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4688
 Sectors Affected: 2333 Nonresidential
 Building Construction; 325 Chemical
 Manufacturing; 32599 All Other
 Chemical Product Manufacturing;
 336413 Other Aircraft Part and
 Auxiliary Equipment Manufacturing;
 336611 Ship Building and Repairing;
 336992 Military Armored Vehicle, Tank
 and Tank Component Manufacturing;
 54138 Testing Laboratories; 54133
 Engineering Services; 92216 Fire
 Protection
 Agency Contact: Bella Maranion,
 Environmental Protection Agency, Air
 and Radiation, 6205J, Washington, DC
 20460
 Phone: 202 564-9749
 Fax: 202  565-2155
 Email: maranion.bella@epa.gov

 Jeff Cohen, Environmental Protection
 Agency, Air and Radiation, 6205J
 Phone: 202 564-0135
 Fax: 202  565-2095
 Email: cohen.jeff@epa.gov
 RIN: 2060-AK30


 3281. • REVISION OF COMBUSTION
 TURBINES NSPS - PART 60,
 SUBPART GG
 Priority: Substantive, Nonsignificant
 Legal Authority: Not Yet Determined
 CFR Citation: 40 CFR 60 (Revision)
 Legal Deadline: None
Abstract: The NSPS for Combustion
Turbines  has not been revised since

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75240
Federal  Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                              Final  Rule Stage
1980. Revisions are needed to reduce
the burden on EPA and State/local
agencies, of approving, on a case-by-
case basis, alternate testing and
monitoring protocols due to advances
in emission control technologies. The
revisions are also intended to bring
consistency between the monitoring
and testing requirements in the
Combustion Turbines NSPS (part 60]
and the Acid Rain Program (part 75)
so that the same data can be used to
comply with both regulations.
Timetable:
Action             Date     FR Cite
Direct Final Rule
   04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4681
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 211111 Crude Petroleum
and Natural Gas Extraction; 211112
Natural Gas Liquid Extraction; 221
Utilities
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

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
RIN: 2060-AK35
3282. • REVISIONS TO THE APPEAL
PROCEDURES AND THE FEDERAL
NOX BUDGET TRADING PROGRAM,
PARTS 78 AND 97
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601; 42 USC
7651 et seq; 42 USC  7401; 42 USC
7403:; 42 USC 7426
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (Revision)
Legal Deadline: None
Abstract: This rule is a set of revisions
which will simplify and streamline the
interface between the existing Acid
                       Rain Program and the NOx Budget
                       Trading Program.
                       Timetable:
                       Action
                   Date
FR Cite
                                        06/13/01  66 FR 31978
                                        07/27/01  66 FR 39123
NPRM
NPRM Comment
  Period Extended
Final Action         11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4682
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-AK36


3283. e PROTECTION OF
STRATOSPHERIC OZONE:
ADDITIONAL RECONSIDERATION OF
PETITION CRITERIA AND
INCORPORATION OF MONTREAL
PROTOCOL DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The content of this rule was
promulgated as part of a direct final
rule in August 1998. In October 1998
EPA withdrew portions of that direct
final rule that had subsequently
received adverse comment. We are now
promulgating those withdrawn portions
in this final rule, which changes the
recordkeeping and reporting
requirements for Essential Use
Allowance holders and clarifies the
petition process for import of used
class I controlled substances.
Additionally, in response to a petition
submitted to EPA, this final rule
removes the requirement in the petition
process for imports of used class I
controlled substances whereby a person
must certify knowledge of tax liability.
Timetable:
                       Action
                                         Date
                                                  FR Cite
                       Final Action         11/00/02
                       Regulatory Flexibility Analysis
                       Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4696
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-5289
Fax:  202 565-2155
Email: kocchi.suzanne@epa.gov

Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-9185
Fax:  202 565-2155
Email: land.tom@epa.gov
RIN:  2060-AK44


3284. • AMENDMENT TO THE HEAVY-
DUTY ENGINE AND VEHICLE
STANDARDS AND HIGHWAY DIESEL
FUEL SULFUR REGULATIONS
Priority: Substantive,  Nonsignificant
Legal Authority: 42 USC 7545 (c); 42
USC  7545(g); 42 USC  7545(i); 42 USC
7625-1; 42 USC 7414; 42 USC 7545;
42 USC  7601(a); 42 USC 7401 to 7671q
CFR  Citation: 40 CFR 69; 40 CFR 80;
40 CFR 86
Legal Deadline: None
Abstract: This action  would clarify,
correct, amend and revise certain
provisions of the Heavy-Duty Engine
and Vehicle Standards and Highway
Diesel Fuel Sulfur Regulations  (66 FR
5002, January 18, 2001).
Timetable:
                                                            Action
                             Date
                           FR Cite
                                                            Direct Final Rule
                           12/00/02
          Regulatory Flexibility Analysis
          Required: No
          Small Entities Affected: No
          Government Levels Affected: None
          Additional Information: SAN No. 4707
          Sectors Affected: 336112 Light Truck
          and Utility Vehicle Manufacturing;
          811112 Automotive Exhaust System
          Repair; 811198 All Other Automotive
          Repair and Maintenance
          Agency Contact: Mary Manners,
          Environmental Protection Agency, Air
          and Radiation, Washington, DC 20460
          Phone: 734 214-4873
          Fax: 734 214-4816
          Email: manners.mary@epa.gov

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               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                  75241
 EPA—Clean Air Act (CAA)
                                                       Final Rule Stage
 Christine M. Brunner, Environmental
 Protection Agency, Air and Radiation,
 Washington, DC 20460
 Phone: 734 214-4287
 Fax: 734 214-4051
 Email: brunner.christine@epa.gov

 BIN: 2060-AK47
3285. « CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
AMENDMENT TO THE TIER 2 MOTOR
VEHICLE EMISSION STANDARDS

Priority:  Substantive, Nonsignificant

Legal Authority: Not Yet Determined

CFR Citation: 40 CFR part 86
(Revision)

Legal Deadline: None

Abstract: This action includes
technical amendments needed to
resolve errors, inconsistencies, or lack
of clarity in recently promulgated light-
duty and heavy-duty emissions control
programs. These issues include
flexibilities for diesel vehicles under
the Tier 2 program, amendments to the
requirements for independent
commercial importers (ICI),
amendments to the test weight
requirements for complete heavy-duty
gasoline vehicles, and amendments to
the heavy-duty onboard diagnostics
(OBD) requirements  for chassis-certified
heavy-duty diesel engines and vehicles.
Timetable:
Action
                   Date
FR Cite
Direct Final Rule     11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4721
Sectors Affected: 33611 Automobile
and Light Duty Motor Vehicle
Manufacturing; 33612 Heavy Duty
Truck Manufacturing
Agency Contact: Rob French,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4380

Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD
Phone: 734 214-4781   '
Fax: 734 214-4816
Email: moran.robin@epa.gov
RIN: 2060-AK55


3286. 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 ratio and its  overall
emissions remain below a facilitywide
VOC cap.

Timetable:
Action              Date     FR Cite
NPRM             04/19/99 64 FR 19097
Final Action         06/00/03

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Additional Information: SAN  No. 4278

Agency Contact: Brian Barwick,
Environmental Protection Agency,
Office of the Administrator, U.S. EPA
Region 5, Chicago, IL 60604
Phone: 312 886-6620
Email: barwick.brian@epa.gov

David Beck, Environmental Protection
Agency, Office of the  Administrator,
E14302, Research Triangle Park, NC
27711
Phone: 919 541-5421
Email: beck.david@epa.gov

RIN: 2090-AA21
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
                                                     Long-Term Actions
3287. 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); 42
USC 7601 (a)(l)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: This action establishes
requirements, incentives, and
procedures for third party audits of
Risk Management Plans (RMPs)  under
40 CFR part 68 that would reduce the
need for, and thus the incidence of,
government audits of RMPs submitted
by facilities that volunteer for such an
audit. In this context, a third party is
someone not employed by either an
RMP-regulated facility or a government
agency responsible for implementing'
the RMP program (implementing
agency).

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
          specific criteria or requirements were
          specified in the RMP rule to regulate
          the activities of facilities, implementing
          agencies, or third parties with respect
          to third party assistance.

          A facility's participation in the third
          party audit program proposed by this
          action would be totally voluntary. For
          facilities who choose not to participate
          in the program, this action would have
          no effect. However if a facility
          participates, this regulation would
          establish the requirements  and
          regulatory incentives for their

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75242
Federal Register/Vol.  67, No. 236/Monday, December  9,  2002/Unified Agenda
 EPA—Clean Air Act  (CAA)
                                                                             Long-Term Actions
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
     To Be Determined
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;v11511 Support
Activities for Crop Production

Agency Contact: James Belke,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A
Phone: 202 564-8023
Fax:  202 564-8444
Email: belke.jim@epa.gov

Breeda Reilly, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A
Phone: 202 564-7983
Fax:  202 564-8444
Email: reilly.breeda@epa.gov

RIN:  2050-AE85
3288. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
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
 3289. 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
 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

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               Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
                                                                                     75243
 EPA—Clean Air Act (CAA)
                                                                       Long-Term Actions
 listing a toxic or flammable substance.
 In addition, EPA proposes to revise the
 reporting threshold and toxic endpoints
 of several toxic substances based on
 updated toxicity information. Facilities
 with more than the threshold quantity
 of a listed substance in a process are
 required to develop a Risk Management
 Program and submit a Risk
 Management Plan to EPA. The
 proposed changes to the list will ensure
 that facilities are properly managing
 risks of the most acutely toxic and
 flammable chemicals that could have
 an adverse impact on the facility and
 surrounding community in event of an
 accidental release.
 Timetable:
Action
Date    FR Cite
NPRM
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


3290. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA Section 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
                   propose that updated test procedures be
                   adopted for the certification of gasoline
                   deposit control additives regarding
                   their ability to control fuel injector and
                   intake valve deposits. The adoption of
                   the updated procedures will ensure that
                   the gasoline deposit control program
                   continues to ensure an adequate level
                   of deposit control, thereby preventing
                   an increase in motor vehicle emissions.
                   The updated test procedures require
                   less time to perform and are less costly.
                   Therefore, the adoption of the proposed
                   procedures will reduce the burden on
                   industry of complying with the gasoline
                   deposit control program. The proposed
                   action will not impact small businesses,
                   or state, local, or tribal governments.
                   Timetable:
          Timetable:
 To Be Determined   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
                  and Radiation, ASD, Washington, DC
                  20460
                  Phone: 734 214-4227
                  Fax: 734 214-4051
                  Email: herzog.jeff@epa.gov
                  RIN: 2060-AJ61


                  3291. 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 (bXD; 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.
          Action
                   Date     FR Cite
          NPRM
          Final Action
                  11/22/93 58 FR 61639
                  12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Peter R. Westlin,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov

Frederick J. Thompson,  Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epa.gov
RIN: 2060-AF83


3292. REVISED PERMIT REVISION
PROCEDURES FOR THE  FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7661(a)(d)(3)
CFR Citation: 40 CFR 71.7
Legal Deadline: None
Abstract: The proposed regulatory
change would streamline permit
revisions procedures for stationary air
sources that are subject to the Federal
operating permits program.
The Agency does not anticipate any
significant impact on small businesses
and State/local/tribal governments.
Timetable:
          Action
                             Date
                                     FR Cite
          NPRM
          Final Action
                  12/00/05
                  12/00/06
          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, C304-04, Research
          Triangle Park, NC 27711
          Phone: 919 541-5348

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 75244
Federal Register/VoL 67, No, 236/Monday,  December 9, 2002/Unified Agenda
 EPA—.Clean Air Act (CAA)
                                                                             Long-Term Actions
 Fax: 919 541-5509
 Email: voorhees.scott@epa.gov

 Steve Hitte, Environmental Protection
 Agency, Air and Radiation, C3 04-04,
 Research Triangle Park, NC 27711
 Phone: 919 541-0886
 Fax: 919 541-5509
 Email: hitte.steve@epa.gov
 BIN: 2060-AG92


 3293. 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 (title I, part
 D) requires that construction  permit
 programs for new or modified major
 stationary sources of air pollution be
 established for areas not attaining the
 NAAQS. This action will add Federal
 rules at 40 CFR 52.10 for permitting
 the construction of new or  modified
 major stationary sources in certain
 nonattainment areas where State, local,
 or tribal rules in whole or in  part are
 not in place that meet the statutory
 permitting requirements. These rules
 will basically incorporate the
 requirements for State nonattainment
 NSR permit programs, codified at 40
 CFR 51.165(a), with supplemental
 provisions added to  make explicit the
 permit requirements of section 173 of
 the Act and certain long-standing
 policies regarding nonattainment NSR
 permitting. This action will also  change
 40 CFR 52.24 to specify that the
 requirements of 40 CFR 52.10 govern
 any permits issued in certain
 nonattainment areas where acceptable
 nonattainment NSR rules are  not in
 place. Changes to 40 CFR part 124 will
 specify that the permit processing,
 public participation, and permit appeal
requirements that otherwise apply to
Federal PSD permitting will also apply,
 in most cases, to Federal nonattainment
NSR permitting under 40 CFR 52.10.
Timetable:
Action
    Date
                           FR Cite
NPRM
Final Action
   07/00/04
   07/00/05
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

 3294. GENERAL CONFORMITY
 REGULATIONS; REVISIONS
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7401-7671
 CFR Citation: 40 CFR 51.850 to 51.860;
 40 CFR 93.150 to 93.160
 Legal Deadline: None
 Abstract:  Section 176(c) of the  Clean
 Air Act prohibits Federal entities from
 taking actions which do not conform
 to the State implementation plan (SIP)
 for the attainment and maintenance of
 the national ambient air quality
 standards  (NAAQS). In November 1993,
 EPA promulgated two  sets  of
 regulations to implement section
 176(c). First, on November 24, EPA
 promulgated the Transportation
 Conformity Regulations to establish the
 criteria and procedures for determining
 that transportation plans, programs, and
 projects which are funded under title
 23 U.S.C. or the Federal Transit Act
 conform with the SIP. Then, on
 November 30, EPA promulgated
 regulations, known as the General
 Conformity Regulations, to ensure that
 other Federal actions also conformed to
 the  SIPs. The EPA has not reviewed
 or revised the General Conformity
 Regulations since their 1993
 promulgation. Several Federal agencies
 have identified concerns over the
 implementation of the General
 Conformity Regulations, including the
requirements for areas  designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
 agencies, EPA will review the
 implementation of the General
 Conformity Regulations. The EPA will
then propose and promulgate any
                                                             appropriate revision to those
                                                             regulations.
                                                             Timetable:
                                                             Action
                                                                                Date     FR Cite
 NPRM              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

 David 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


 3295. 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 Appendix L;
 40 CFR 51.150 to  51.153
 Legal Deadline: None
 Abstract: 40 CFR part 51.150-51.153
 requires States to have contingency
 plans to prevent air pollution levels
 from reaching the significant harm level
 (SHL) for CO, O3, SO2, NOx, and PM.
 Appendix L provides example guidance
 to the States on appropriate courses of
 action to take at each episode stage
 (i.e., alert, warning, and emergency) to
 ensure the SHL is not reached. These
requirements  were developed in the
 1970's, based on the NAAQS from  that
 era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many  areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over

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              Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                     75245
EPA—Clean Air  Act (CAA)
                                                                       Long-Term Actions
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
Final Action          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.gov
RIN: 2060-AI47


3296. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Final standards under section
112(d) for chromium emissions from
hard and decorative chromium
electroplating and chromium anodizing
tanks (40 CFR 63, Subpart N) were
promulgated on January 25,1995. Since
promulgation, the Agency has
determined that a class of chromium
electroplating operations were
inadvertently excluded from regulation.
Specifically, the final standards do not
apply to sources engaged in continuous
chromium electroplating of steel sheet
used to make  cans and other
                   containers. It is the Agency's intent to
                   regulate all facilities engaged in
                   chromium electroplating. Therefore, the
                   Agency plans to amend the chromium
                   electroplating rule to extend its
                   applicability to continuous chromium
                   electroplating operations.
                   Timetable:
                  Action
                                     Date     FR Cite
                   NPRM
                   Final Action
                  11/00/03
                  09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2841
Agency Contact: Philip B. Mulrine,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
RIN: 2060-AH08


3297.  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
                   Final Action           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: 202 564-8709
Email: holmes.carol@epa.gov

Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C33903, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN:2060-AI01

3298. 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            11/09/00 65 FR 66850
NPRM             11/00/04
Final Action         11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3751
Agency Contact: Fred L. Porter,
Environmental Protection Agency, Air

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 75246
Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
 EPA—Clean Air  Act (CAA)
                                                                           Long-Term Actions
1 and Radiation, C504-05, Research
: Triangle Park, NC 27711
 Phone: 919 541-5251
; Fax: 919 541-5450
, Email: porter.fred@epa.gov

; Robert J. Wayland, Environmental
: Protection Agency, Air and Radiation,
i C439-01, Research Triangle Park, NC
: 27711
: Phone: 919 541-1045
 Fax: 919 541-5450
i Email: wayland.robertj@epa.gov

1 RIN: 2060-AG31
' K^BBBMM_^_^_^^^_MK_^^_>^^^^^^^K^^^_IHM.^^_

 3299. PREVENTION OF SIGNIFICANT
 DETERIORATION OF AIR QUALITY:
i PERMIT APPLICATION REVIEW
 PROCEDURES FOR NON-FEDERAL
 CLASS i AREAS

, Priority: Other Significant

 Legal Authority: 42 USC  7670-7479
' CAA sec 160-169

: CFR Citation: 40  CFR 51.166; 40 CFR
i 52.21

 Legal Deadline: None

! Abstract: Under the Clean Air Act's
I prevention of significant deterioration
 (PSD) program, a  State or tribe may
 redesignate their lands as class I areas
: to provide  enhanced protection for
1 their air quality resources. This rule
 will clarify the PSD permit review
\ procedures for new and modified major
; stationary sources near these non-
i Federal class I areas. EPA seeks to
1 develop clarifying PSD permit
1 application procedures that are
; effective, efficient, and equitable.

 Timetable:
• Action
                   Date     FR Cite
 ANPRM
INPRM
\ Final Action
   05/16/97 62 FR 27158
   10/00/04
   10/00/05
 Regulatory Flexibility Analysis
 Required: No

1 Government Levels Affected: State,
 Tribal

1 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
                       3300. REVIEW OF FEDERAL TEST
                       PROCEDURES FOR EMISSIONS FROM
                       MOTOR VEHICLES; TEST
                       PROCEDURE ADJUSTMENTS TO
                       FUEL ECONOMY AND EMISSION
                       TEST RESULTS
                       Priority: Substantive, Nonsignificant
                       Legal Authority: PL 101-549
                       CFR Citation: 40 CFR 600; 40 CFR 86
                       Legal Deadline: None
                       Abstract: This action considers
                       potential adjustments to fuel economy
                       and emission test results to compensate
                       for test procedure changes previously
                       adopted; it applies to light-duty
                       vehicles and light-duty trucks. This
                       aspect of the previous  rulemaking (SAN
                       3323, RIN 2060-AE27) was deferred.
                       Timetable:
                       Action
                                         Date
                           FR Cite
 NPRM             11/00/03
 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

 3301. 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
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
NPRM 3
Final Rule 2
Notice 5
Final Rule 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM 9
NPRM 6
Final Rule 5
Notice 10
Notice 1 1
Notice 1 2
Final Rule 6
Notice 13
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 491 08
01/13/95 60 FR 3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 51 383
02/08/96 61 FR 4736
05/22/96 61 FR 25604
05/22/96 61 FR 25585
09/05/96 61 FR47012
10/16/96 61 FR 54030
03/10/97 62 FR 10700
05/21/97 62 FR 27874
06/03/97 62 FR 30275
02/03/98 63 FR 5491
02/24/98 63 FR 91 51
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8043
02/18/99 64 FR 8038
04/28/99 64 FR 22981
06/08/99 64 FR 30410
12/06/99 64 FR 68039
04/11/00 65 FR 19327
04/26/00 65 FR 24387
06/19/00 65 FR 37900
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: 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

Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-0135
Fax: 202 565-2095
Email: cohen.jeff@epa.gov

RIN: 2060-AG12

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              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                    75247
EPA—Clean Air  Act (CAA)
                                                                       Long-Term Actions
3302. 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
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4662
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C504-05, 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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK18

3303.  • NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL:
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action develops National
Emission Standards for Hazardous Air
                  Pollutants (NESHAP) for vegetable oil
                  production facilities as authorized
                  under section 112(d) of the Clean Air
                  Act (Act). The action is based on the
                  determination that vegetable oil
                  production plants emit organic
                  hazardous air pollutants (HAPs) listed
                  in section 112(b) of the Act. On July
                  16, 1992, EPA listed vegetable oil
                  production as a source for which
                  NESHAP are to be promulgated. On
                  December 3,  1993, EPA published a
                  schedule for  promulgating NESHAP for
                  vegetable oil production plants by
                  November 15, 2000. NESHAP
                  developed under section 112(d) apply
                  to both new and existing facilities.
                  NESHAP for existing facilities are to be
                  based on the average emission
                  limitation achieved by the best
                  performing 12 percent of existing
                  sources.
                  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. 4672
                  Sectors Affected: 311222 Soybean
                  Processing; 311223 Other Oilseed
                  Processing; 311225 Fats and Oils
                  Refining and Blending; 311225 Fats and
                  Oils Refining and Blending
                  Agency Contact: James Durham,
                  Environmental Protection Agency, Air
                  and Radiation, MD-13, Research
                  Triangle Park, NC 27711
                  Phone: 919 541-5672
                  Fax: 919 541-0246
                  Email: durham.jim@epa.gov

                  K. C. Hustvedt, Environmental
                  Protection Agency, Air and Radiation,
                  C439-03, Research Triangle Park, NC
                  27711
                  Phone: 919 541-5395
                  Fax: 919 541-0246
                  Email: hustvedt.ken@epa.gov
                  RIN: 2060-AK32


                  3304. 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: 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, C504-05, 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, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax:  919 541-0942
Email: wyatt.susan@epa.gov
RIN:  2060-AK09


3305. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority:  42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 14, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The 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.

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 75248
Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
 EPA—Clean Air Act (CAA)
                                                                            Long-Term  Actions
 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, C439-03, 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 Park, NC
 27711
 Phone: 919 541-5395
 Fax: 919 541-0246
 Email: hustvedt.ken@epa.gov
 RIN: 2060-AK10


 3306. NESHAP: GROUP I POLYMERS
 AND RESINS —  RESIDUAL RISK
 STANDARDS
 Priority: Substantive, Nonsignificant
 Legal Authority:  42 USG 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, C5 04-04, 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,
                       C504-04, Research Triangle Park, NC
                       27711
                       Phone: 919 541--5396
                       Fax: 919 541-3470
                       Email: lassiter.penny@epa.gov
                       RIN: 2060-AK12


                       3307. 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, C439-02, 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,
                      C504-04, Research Triangle Park, NC
                      27711
 Phone: 919 541-5396
 Fax: 919 541-3470
 Email: lassiter.penny@epa.gov
 RIN: 2060-AK13


 3308. 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, C504-05, 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,
C504-04, Research Triangle Park, NC
27711
Phone: 919  541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK14


3309. NESHAP: GROUP IV POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined

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              Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                  75249
EPA—Clean Air Act (CAA)
                                                     Long-Term  Actions
Legal Deadline: Final, Statutory,
September 12, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part  63, subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
                   Date
                           FR Cite
NPRM               To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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, Ah- and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AK15


3310. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2002.
Abstract:  A national emission standard
for hazardous air pollutants (NESHAP)
for industrial process cooling towers
(IPCT) was previously promulgated
under Section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium-based water treatment
chemicals in  IPCT used to remove heat
from chemical or industrial processes.
The Clean Air Act Section 112(f]
requires us to assess within 8 years of
promulgation of a NESHAP the
remaining risk to the public and to
develop additional more stringent
standards if such standards are needed
to protect the public health with an
ample margin of safety. This action is
to examine the remaining risk from
IPCT and, if warranted, to develop new
risk based standards.
Timetable:
Action
                   Date     FR Cite
NPRM
                   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4660
Agency Contact: Philip B. Mulrine,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5450
Email: mulrine.phil@epa.gov
RIN: 2060-AK16

3311. 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.
This source category covers  tanks or
ships that contain gasoline, crude oil,
or HAPs in bulk. The current action,
required by section 112(f) of the CAA,
is to assess residual risks from this
same source category, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:	
Action             Date     FR Cite
 NPRM
                    To Be  Determined
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, C504-05, 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, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AK17


3312. 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
 Regulatory Flexibility Analysis
 Required: Undetermined
 NPRM               To Be  Determined
 Regulatory Flexibility Analysis
 Required: Undetermined
 Government Levels Affected: None
 Additional Information: SAN No. 4665

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 75250
Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
 EPA—Clean Air Act  (CAA)
                                                                            Long-Term  Actions
 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
 RIN: 2060-AK19

 3313. 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:
                       C504-05, Research Triangle Park, NC
                       27711
                       Phone: 919 541-5342
                       Fax: 919 541-5689
                       Email: byrne.dianne@epa.gov
                       RIN: 2060-AK20


                       3314. NESHAP: WOOD FURNITURE
                       MANUFACTURING OPERATIONS —
                       RESIDUAL RISK STANDARDS
                       Priority: Other Significant

                       Legal Authority: 42 USC 7412

                       CFR Citation: 40 CFR Part 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
Action
    Date    FR Cite    Government Levels Affected: None
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, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed

Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
                      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: 919 541-9999
                      Fax: 919 541-5689
                      Email: dail.lynn@epa.gov

                      Dianne Byrne, Environmental
                      Protection Agency, Air and Radiation,
                      C5 04-05, Research Triangle Park, NC
                      27711
                      Phone: 919  541-5342
                      Fax: 919 541-5689
                      Email: byrne.dianne@epa.gov
                      RIN: 2060-AK21
 3315. NESHAP: HALOGENATED
 SOLVENT CLEANING — RESIDUAL
 RISK STANDARDS
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7412
 CFR Citation: 40 CFR 63
 Legal Deadline: Final, Statutory,
 December 2, 2002.
 Abstract: This action is required by the
 CAA to assess residual risk and
 develop standards as necessary to
 provide an ample margin of safety.
 Timetable:
 Action
                    Date     FR Cite
 NPRM
                    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 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,
 C504-05,  Research Triangle Park, NC
 27711
 Phone: 919 541-5342
 Fax: 919  541-5689
 Email: byrne.dianne@epa.gov
 RIN: 2060-AK22
3316. NESHAP: MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63

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              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                  75251
EPA—Clean Air Act (CAA)
                                                     Long-Term  Actions
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(3 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: None
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,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK23


3317. NESHAP: PRINTING AND
PUBLISHING INDUSTRY — RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart KK.
This source category covers air-toxic
emissions from many activities located
at printing and publishing facilities —
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
                   Date
                           FR Cite
NPRM
                   To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 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,
C5 04-05, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AK24


3318. NESHAP: PETROLEUM
REFINERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart  CC.
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.

Timetable:
                                                                           Action
                                                                                             Date
                                                                                                      FR Cite
                                                                           NPRM
                                                                                              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: Robert 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: 919 541-0246
Email: hustvedt.ken@epa.gov

RIN: 2060-AK25


3319. 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.

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75252
Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                            Long-Term Actions
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, C504-05, 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, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov.
RIN: 2060-AK08


3320. 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:
Action
                   Date
                            FR Cite
 Direct Final Rule     08/00/04
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 3910
 Agency Contact: David Good,
 Environmental Protection Agency, Air
 and Radiation, NFEVL, Ann Arbor, MI
 48105
                       Phone: 734 214-4480

                       RIN: 2060-AH34
                       3321. REVIEW NATIONAL AMBIENT
                       AIR QUALITY STANDARDS FOR
                       CARBON MONOXIDE

                       Priority: Other Significant

                       Legal Authority: Clean Air Act Title I

                       CFR Citation: 40 CFR 50

                       Legal Deadline: Final, Statutory, May
                       31, 2001, Clean Air Act requires
                       reviews every five years.

                       Abstract: Review of the national
                       ambient air quality standards (NAAQS)
                       for carbon monoxide (CO) every 5 years
                       is mandated by the Clean Air Act. This
                       review assesses the available scientific
                       data about the health and
                       environmental effects of CO and
                       translates the science into terms that
                       can be used in making
                       recommendations about whether or
                       how the standards should be changed.
                       The last review of the CO NAAQS was
                       completed in 1994 with a final decision
                       that revisions were not appropriate at
                       that time.

                       Timetable:
                        Action
                                          Date
                                                   FR Cite
                        NPRM
                        Final Action
05/00/04
05/00/05
                        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, C539-01, Research
                        Triangle Park, NC 27711
                        Phone: 919 541-5288
                        Fax: 919 541-0237
                        Email: mckee.dave@epa.gov

                        Harvey Richmond, Environmental
                        Protection Agency, Air and Radiation,
                        C5 39-01, Research Triangle Park, NC
                        27711
                        Phone: 919 541-5271
                        Fax: 919 541-0237
                        Email: richmond.harvey@epa.gov

                        RIN: 2060-AI43
3322. 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.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
'Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
EPA took rulemaking action on similar
petitions from 8 other Northeastern
States that were submitted in 1997.
Timetable:
                    Action
                                       Date     FR Cite
                    NPRM
                                       To Be Determined
                    Regulatory Flexibility Analysis
                    Required: No
                    Government Levels Affected:
                    Undetermined
                    Federalism: Undetermined
                    Additional Information: SAN No. 4383
                    Agency Contact: Carla Oldham,
                    Environmental Protection Agency, Air
                    and Radiation, C539-02, RTF, 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

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               Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
                                                                                      75253
 EPA—Clean Air Act  (CAA)
                                                                         Long-Term Actions
 Phone: 919 541-5565
 Fax: 919 541-0824
 Email: cole.david@epa.gov
 RIN: 2060-AI99

 3323. RESCINDING FINDING THAT
 PREEXISTING PM10 STANDARDS
 ARE NO LONGER APPLICABLE IN
 NORTHERN ADA COUNTY/BOISE,
 IDAHO
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7401 et seq
 CFR Citation: 40 CFR 50.6(d); 40 CFR
 52.676; 40 CFR 81.313
 Legal Deadline: None
 Abstract: The EPA had previously
 taken action to revoke the PM-10
 national ambient air quality standards
 (NAAQS) for the Boise/Ada County
 area in anticipation that a revised PM-
 10 NAAQS would soon be in place.
 However, the DC Circuit court
 subsequently vacated the revised PM-
 10 NAAQS, the effectiveness  of which
 served as the underlying basis for
 EPA's decision to revoke the 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 must be
 received by EPA (Mike Prosper) by
 March 1, 2001. Unless EPA or DOJ
 determines, following the comment
 period, that consent is inappropriate,
 the settlement agreement will then be
 executed by the parties.  This action
 will then be fully subject to the terms
 of the settlement agreement. No
 negative comments received. EPA/DOJ
 signed the settlement agreement, and
the State is  in the process of carrying
 out its obligations under the settlement
 agreement. The next milestone under
the agreement is for the  State to submit
a maintenance plan to EPA for the area
in September.
Timetable:
                    Action
                                       Date    FR Cite
                    Notice Extension of   07/26/00 65 FR 45953
                      Comment Period
                    Final Action           To Be Determined
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: Governmental
                    Jurisdictions
                    Government Levels Affected:
                    Undetermined
                    Additional Information: SAN No. 4391
                    Agency Contact: Gary Blais,
                    Environmental Protection Agency, Air
                    and Radiation, MD-15, C539-01,
                    Research Triangle Park, 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


                    3324.  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 recent changes to the Clean
                    Air Act. Specifically, the amendments
                    will create a process to exempt
                    production and consumption of
                    quantities of methyl bromide for critical
                    and emergency uses from the 2005
                    phaseout of methyl bromide. Because
                    this is an exemption, the rule will
                    confer a benefit on affected entities.
                    Timetable:
                    Action
                                      Date
                                     FR Cite
Action
 Date
FR Cite
NPRM
06/26/00  65 FR 39321
NPRM            01/00/04
Regulatory Flexibility Analysis
Required: No
 Small Entities Affected: No
 Government Levels Affected:
 Undetermined
 Additional Information: SAN No. 4535
 Agency Contact: Hodayah Finman,
 Environmental Protection Agency, Air
 and Radiation, 6205J, Washington, DC
 20460
 Phone: 202 564-2651               ;
 Fax: 202 565-2156
 Email: finman.hodayah@epa.gov

 Tom Land, Environmental Protection
 Agency, Air and Radiation, 6205J,
 Washington, DC 20460
 Phone: 202 564-9185
 Fax: 202 565-2155
 Email: land.tom@epa.gov
 RIN: 2060-AJ63


 3325. CONTROL OF AIR POLLUTION
 FROM MOTOR VEHICLES AND
 ENGINES: ALTERNATIVE LOW-
 SULFUR HIGHWAY DIESEL FUEL
 TRANSITION PROGRAM FOR ALASKA
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 7414; 42 USC
 7545; 42 USC 7601(a); 42 USC 7625-
 1
 CFR Citation: 40 CFR 69 and 80
 (Revision)
 Legal Deadline: None
 Abstract: This action will carry out a
 flexibility provision for Alaska that was
 included in EPA's heavy-duty diesel
 rule, which was promulgated on
 January 18, 2001. That rule established
 more stringent national emission
 standards for heavy-duty highway
 vehicles and engines for the 2007
 model year, and a technology-enabling
 sulfur limit of 15 ppm for highway
 diesel fuel beginning in 2006. In that
 rule, EPA recognized Alaska's unique
 geographical, meteorological, air
 quality, and economic factors and
 provided Alaska an opportunity to
 develop its own plan to transition to
 low-sulfur highway diesel fuel, as. an
 alternative to the national transition
 program. Our goal in offering this
 flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
 ensuring that the new vehicles and
 engines receive the low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA

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75254
Federal Register/Vol. 67, No. 236/Monday, December  9,  2002/Unified Agenda
EPA—Clean  Air Act (CAA)
                                                                             Long-Term Actions
intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to submit an alternative
transition plan in late 2001 or early
2002. This action will be in response
to that anticipated submittal.
Timetable:
Action
                   Date     FR Cite
NPRM
                  11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4570
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN-340-F, 6406-J,
Washington, DC 20460
Phone: 202 564-9473
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


3326. NATIONAL EMISSION
STANDARDS FOR COKE OVEN
BATTERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation:  40 CFR 63
Legal Deadline: NPRM, Statutory,
October 27,  2001, National Emission
Standards for Coke Ovens - Residual
Risk Standards.
Abstract:  The Clean Air Act (CAA)
section  112(f), standard to protect
health and the environment is the
                        statutory authority for this rulemaking.
                        In accordance with section 112(f)(2),
                        EPA must promulgate residual risk
                        standards 8 years after promulgation of
                        emission standards. We promulgated
                        emission standards for charging,
                        topside leaks, and door leaks at coke
                        ovens on October 27, 1993. This rule
                        will further reduce coke oven emissions
                        from charging, topside leaks, and door
                        leaks at the affected coke plants.
                        Timetable:
                                      Action
                                                         Date
                                                                 FR Cite
                        NPRM              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, C504-05, Research
                        Triangle Park, NC 27711
                        Phone: 919 541-2910
                        Fax: 919 541-5450
                        Email: melton.lula@epa.gov

                        Dave Guinnup, Environmental
                        Protection Agency, Air and Radiation,
                        C439-05, Research Triangle Park, NC
                        27711
                        Phone: 919 541-5368
                        Fax: 919 541-0840
                        Email: guinnup.dave@epa.gov
                        RIN: 2060-AJ96


                        3327. 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, E14302,
Research Triangle Park, NC 27711
Phone: 919 541-5421
Email: beck.david@epa.gov

RIN: 2090-AA26

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               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified  Agenda
                                                                                   75255
 Environmental Protection Agency (EPA)
 Clean  Air Act (CAA)
                                                                      Completed Actions
 3328. o NONCONFORMANCE
 PENALTIES FOR 2004 AND LATER
 MODEL YEAR HEAVY-DUTY DIESEL
 ENGINES AND VEHICLES
 Priority: Other Significant
 Legal Authority: 42 USC 7524
 CFR Citation: Not Yet Determined
 Legal Deadline: None
 Abstract:  The Clean Air Act requires
 EPA to  issue a certificate of conformity
 for heavy-duty engines or heavy-duty
 vehicles which exceed an applicable
 emission standard but do not exceed
 an upper limit associated with that
 standard if the manufacturer pays a
 nonconformance penalty established by
 a rulemaking.
 Timetable:	
 Action              Date     FR Cite
 NPRM             01/16/02 67 FR 2159
 Rnal Action         08/08/02 67 FR 51464
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 4730
 Agency Contact: Rob French,
 Environmental Protection Agency, Air
 and Radiation, Washington, DC 20460
 Phone: 734 214-4380
 RIN: 2060-AK58


 3329. NESHAP: PETROLEUM
 REFINERIES; CATALYTIC CRACKING
 UNITS, CATALYTIC REFORMING
 UNITS AND SULFUR RECOVERY
 UNITS
 Priority: Other Significant
 CFR Citation: 40 CFR 63
 Completed:
Reason
Date
                           FR Cite
Final Action        04/11/02  67 FR 17762
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Robert Lucas
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov

K. C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AF28
                  3330. CONSOLIDATED EMISSIONS
                  REPORTING RULE
                  Priority: Substantive, Nonsignificant
                  CFR Citation: 40 CFR 51.321 to 51.323
                  Completed:
                  Reason
                                     Date
                                             FR Cite
                  Final Action        06/10/02  67 FR 39602
                  Regulatory Flexibility Analysis
                  Required: No
                  Government Levels Affected: None
                  Agency Contact: William B. Kuykendal
                  Phone: 919 541-5372
                  Fax: 919 541-0684
                  Email: kuykendal.bill@epa.gov

                  Phil Lorang
                  Phone: 919 541-5463
                  Fax: 919 541-0684
                  Email: lorang.phil@epa.gov
                  RIN: 2060-AH25


                  3331.  NESHAP: WET-FORMED
                  FIBERGLASS MAT PRODUCTION
                  Priority: Substantive, Nonsignificant
                  CFR Citation: 40 CFR 63
                  Completed:
                  Reason
                                    Date
                          FR Cite
Rnal Action        04/11/02 67 FR 17824
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Juan Santiago
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov

James U. Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH89


3332. REVISION OF EPA'S
RADIOLOGICAL EMERGENCY
RESPONSE PLAN
Priority: Info./Admin./Other
CFR Citation: None
Completed:
                  Reason
                  Date
FR Cite
                  Final Plan - Date      01/10/00
                   reflects
                   Administrator's
                   Signature.
                  Regulatory Flexibility Analysis
                  Required: No
                                     Government Levels Affected: None
                                     Agency Contact: Craig Conklin
                                     Phone: 202 564-9222
                                     Email: conklin.craig@epa.gov
                                     RIN: 2060-AI49


                                     3333. NESHAP: PRIMARY COPPER
                                     SMELTING
                                     Priority: Substantive, Nonsignificant
                                     CFR Citation: 40 CFR 63
                                     Completed:
                                     Reason
                                                       Date
                                     FR Cite
          Final Action        06/12/02  67 FR 40477
          Regulatory Flexibility Analysis
          Required: No
          Government Levels Affected: None
          Agency Contact: Eugene Grumpier
          Phone: 919 541-0881
          Fax: 919 541-5450
          Email: crumpler.gene@epa.gov

          Al Verveart
          Phone: 919 541-5602
          Fax: 919 541-5450
          Email: vervaert.al@epa.gov
          RIN: 2060-AE46


          3334.  AMENDMENTS TO GENERAL
          PROVISIONS SUBPARTS A AND B
          FOR 40 CFR 63
          Priority: Substantive, Nonsignificant
          CFR Citation: 40 CFR 63.1-15; 40 CFR
          63.50-56
          Completed:
                                                      Reason
                                                                        Date
                                                                                FR Cite
Final Action        04/05/02 67 FR 16582
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Rick Colyer
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epa.gov          :

James U. Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov         '
RIN: 2060-AF31


3335. NESHAP: RUBBER TIRE
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63

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75256	Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
EPA—Clean Air Act (CAA)
                                                                       Completed Actions
Completed:
Reason
                  Date
         FR Cite
Final Action         07/09/02 67 FR 45587
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tony Wayne
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov

Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG29


3336. NESHAP: LARGE APPLIANCE
(SURFACE COATING)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
                  Date
         FR Cite
Final Action
07/23/02 67 FR 48254
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lynn Bail
Phone: 919 541-9999
Fax: 919 541-5689
Email: dail.lynn@epa.gov

Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG54


3337.  NESHAP: METAL  COIL
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:               	
Reason
                   Date
          FR Cite
Final Action
                 06/10/02  67 FR 39794
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Rhea Jones
Phone: 919 541-2940
Fax: 919 541-5689
Email: jones.rhea@epa.gov

Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG97


3338. NESHAP: LEATHER FINISHING
OPERATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
                   Reason
                                      Date
                          FR Cite
Final Action         02/27/02 67 FR 9156
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: William Schrock
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov

Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH17


3339. REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
                   Reason
                                      Date
                                              FR Cite
Final Action        12/27/00 65 FR 81743
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Kathryn Petrillo
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov

Kevin Culligan
Phone: 202 564-9172
Email: culligan.kevin@epa.gov
RIN: 2060-AI80


3340.  NESHAP: CELLULOSE
PRODUCTION MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:                     	
                    Reason
                                      Date
                                              FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: William Schrock
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov

Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AHll


3341. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYANIDE AND SPANDEX
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
                                                        Reason
                   Date
                                                                                  FR Cite
                                                        Final Action
                 07/12/02 67 FR 46258
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov

Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH68


3342.  NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
                                                        Reason
                                                                          Date
                                                                                  FR Cite
                    Final Action
                                    06/11/02 67 FR 40044
Final Action        07/10/02 67 FR 45885
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Warren R. Johnson
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov

Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470

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              Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                  75257
 EPA—Clean  Air  Act (CAA)
                                                                      Completed Actions
 Email: lassiter.penny@epa.gov
 RIN: 2060-AH82

 3343. « NOTICE AND RESPONSE TO
 COURT REMAND ON NOX SIP CALL
 AND SECTION 126 PETITIONS
 Priority: Substantive, Nonsignificant
 Legal Authority:  42 USC 7410(a)(2)(D);
 42 USC 7410(k)(5)
 CFR Citation: 40 CFR 51; 40 CFR 52(a)
 Legal Deadline: None
 Abstract: Ozone  and ozone precursors
 are transported across the northeastern
 United States. The Ozone Transport
 Assessment Group (OTAG) was formed
 in 1995 to document the amount and
 extent of this transport and to develop
 control recommendations.  The OTAG
 was a collaborative process conducted
 by the affected States. Building on the
 work of OTAG, in October of 1998,
 EPA promulgated the NOx SIP Call
 (SAN 3945, 63 FR 57355, 10/27/98),
 which is intended to reduce the ozone
 and ozone precursors blowing into
 nonattainment areas by requiring the
 upwind States to reduce NOx
 emissions. EPA also promulgated a
 backup plan (SAN 4095, Findings of
 Significant Contribution and
 Rulemaking on Section 126 Petitions
 for Purposes of Reducing Interstate
 Ozone Transport, 64 FR 28250,
 5/25/99) to assure that emissions are
 reduced in cases where the States do
 not fulfill their obligations  under the
 NOx SIP Call. Subsequent court
 decisions raised questions  about some
 of the data EPA had used to develop
 both of these rulemakings,  and directed
 EPA to review the data in light of any
 new information that may have come
 to light since the rules were
 promulgated. This notice presents the
 results of EPA's review and the
 associated conclusions drawn from it.
 Timetable:
Action
Date
FR Cite
NPRM            02/22/02  67 FR 8395
Notice            05/01/02  67 FR 21868
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4679
Agency Contact: Kevin Culligan,
Environmental Protection Agency, Air
and Radiation, 6204n, Washington, DC
20460
                  Phone: 202 564-9172
                  Email: culligan.kevin@epa.gov
                  RIN: 2060-AK33


                  3344. REVISIONS TO THE
                  DEFINITIONS AND THE CONTINUOUS
                  EMISSION MONITORING  PROVISIONS
                  OF THE ACID RAIN PROGRAM AND
                  THE NOX BUDGET TRADING
                  PROGRAM
                  Priority: Other Significant
                  CFR Citation: 40 CFR 75 (Revision); 40
                  CFR 97 (Revision)
                  Completed:
                  Reason
                                    Date
                                            FR Cite
                  Final Action         06/12/02 67 FR 40394
                  Regulatory Flexibility Analysis
                  Required: No
                  Government Levels Affected: None
                  Agency Contact: Gabrielle Stevens
                  Phone: 202 564-2681
                  Email: stevens.gabrielle@epa.gov
                  RIN: 2060-AJ43


                  3345. TRANSPORTATION
                  CONFORMITY RULE AMENDMENTS:
                  MINOR REVISION AND ADDITION OF
                  GRACE PERIOD FOR NEWLY
                  DESIGNATED NONATTAINMENT
                  AREAS
                  Priority: Substantive, Nonsignificant
                  CFR Citation: 40 CFR 51; 40 CFR 93
                  Completed:
                  Reason
                                    Date
                                            FR Cite
Final Action         08/06/02 67 FR 50808
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Angela Spickard
Phone: 734 214-4240
Fax: 734 214-4906
Email: spickard,angela@epa.gov

Meg Patulski
Phone: 734 214-4842
Fax: 734 214-4052
Email: patulski.meg@epa.gov
RIN: 2060-AJ70


3346. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES;
SECOND AMENDMENT TO THE TIER
2/GASOLINE SULFUR REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80; 40 CFR 86
                                              Completed:
                                              Reason
                                                       Date
                           FR Cite
                                              Direct Final Rule     06/12/02 67 FR 40169
                                              Regulatory Flexibility Analysis
                                              Required: No
                                              Government Levels Affected: None
                                              Agency Contact: Mary Manners
                                              Phone: 734 214-4873
                                              Fax: 734 214-4816
                                              Email: manners.mary@epa.gov

                                              Robin Moran
                                              Phone: 734 214-4781
                                              Fax: 734 214-4816
                                              Email: moran.robin@epa.gov
                                              RIN: 2060-AJ71


                                              3347. PROTECTION OF
                                              STRATOSPHERIC OZONE:
                                              AVAILABILITY OF ALLOWANCES TO
                                              PRODUCE METHYL BROMIDE FOR
                                              DEVELOPING COUNTRIES
                                              Priority: Substantive, Nonsignificant
                                              CFR Citation: 40 CFR 82.1 to 82.13
                                              Completed:
                                              Reason
                                                                Date
                                                               FR Cite
NPRM            04/29/02 67 FR 21135
Direct Final Rule     04/29/02 67 FR 21130
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tom Land
Phone: 202 564-9185
Fax: 202 565-2155
Email: land.tom@epa.gov
RIN: 2060-AJ74


3348. AMENDMENTS TO NESHAP FOR
SOLVENT EXTRACTION FOR
VEGETABLE OIL PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.2852; 40 CFR
63.2861(d); 40 CFR 63.2870" (Table 1
entry for 63.6(e)
Completed:
                                                      Reason
                                                                        Date
                                                                                FR Cite
                                                      Direct Final Rule     04/05/02 67 FR 16317
                                                      Regulatory Flexibility Analysis
                                                      Required: No
                                                      Government  Levels Affected: None
                                                      Agency Contact: Rick Colyer
                                                      Phone: 919 541-5262
                                                      Fax: 919 541-5600
                                                      Email: colyer.rick@epa.gov
                                                      RIN: 2060-AJ93

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75258
Federal Register/Vol. 67,  No. 236/Monday, December 9,  2002/Unified Agenda
EPA—Clean Air Act  (CAA)
                                                                           Completed  Actions
3349. NESHAP: GENERIC MACT
AMENDMENTS

Priority: Other Significant

CFR Citation: 40 CFR 63

Completed:
Reason
                   Date
                           FR Cite
Direct Final Rule -
  Amendment for
  Process Vents
   06/07/02 67 FR 34301
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: None

Agency Contact: David Markwordt
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov

Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov

RIN: 2060-AJ95
3350. NESHAP: PESTICIDE ACTIVE
INGREDIENT PRODUCTION —
AMENDMENT

Priority: Substantive, Nonsignificant

CFR Citation: 40 CFR 63
                       Completed:
                       Reason
                   Date
FR Cite
Direct Final Rule     11/21/01  66 FR 58396
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov

Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AKOO


3351. REVISION TO REGULATIONS
IMPLEMENTING THE FEDERAL
PERMITS PROGRAM IN AREAS FOR
WHICH THE INDIAN  COUNTRY
STATUS IS IN QUESTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 71.4(b); 40 CFR
71.9(p)
Completed:
                       Reason
                  Date
FR Cite
                       Direct Final Rule     06/03/02 67 FR 38328
                       Regulatory Flexibility Analysis
                       Required: No
                       Government Levels Affected: Tribal
Agency Contact: Candace Carraway
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov

Steve Hitte
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AK06


3352. DIRECT FINAL RULEMAKING
FOR MODIFICATIONS TO
REFORMULATED GASOLINE (RFG)
"COVERED AREA" PROVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.70 (Revision)
Completed:
                                                           Reason
                                                                              Date
                                     FR Cite
Direct Final Rule     06/04/02 67 FR 38398
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: John Brophy
Phone: 202 564-9068
Fax: 202 565-2085
Email: brophy.john@epa.gov

Carol Weisner
Phone: 202 564-8985
RIN: 2060-AK07
Environmental Protection  Agency (EPA)
Atomic Energy Act (AEA)
                                                                                Prerule Stage
3353. 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
                       Action
                                         Date
                                                 FR Cite
                       ANPRM
                                        12/00/02
                                     Proposed Action      12/00/03
                                     Final Action         12/00/04

                                     Regulatory Flexibility Analysis
                                     Required: No

                                     Small Entities Affected: No

                                     Government Levels Affected: Federal

                                     Additional Information: SAN No. 4054

                                     Agency Contact: Dan Schultheisz,
                                     Environmental Protection Agency, Air
                                     and Radiation, 6608J, Washington, DC
                                     20460
                                     Phone: 202 564-9300
                                     Fax: 202 565-2062
                                     Email: schultheisz.daniel@epa.gov

                                     RIN: 2060-AH63

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               Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                   75259
 Environmental  Protection Agency (EPA)
 Atomic Energy Act (AEA)
                                                        Final Rule Stage
 3354. REVISION OF THE 40 CFR PART
 194 WASTE ISOLATION PILOT PLANT
 COMPLIANCE CRITERIA
 Priority: Substantive, Nonsignificant
 Legal Authority: 106 Stat. 4777 as
 amended by the 1996 LWA
 Amendments; PL 102-579; PL 104-201;
 Waste Isolation Pilot Plant Land
 Withdrawal Act of 1992
 CFR Citation: 40 CFR 194.8(b)
 Legal Deadline: None
 Abstract: EPA is proposing several
 revisions to the compliance criteria in
 40 CFR part 194: (l) addition of a
 process for making minor changes to
 the provisions of the Compliance
 Criteria (194.6); (2) changes  to the
 approval process for waste
 characterization programs at the
 Department of Energy transuranic
 (TRU) waste sites (194.8(b)); (3) changes
 to allow for submission of compliance
 applications and reference materials in
 alternative format (e.g., compact disk)
 (194.12 & 194.13); and (4) replacement
 of the term "process knowledge" with
 "acceptable knowledge". The second
 item is the most significant change.
 Section 194.8(b) requires EPA to
 inspect TRU waste sites on a waste
 stream basis, and to initiate a notice-
 and-comment process for each
 inspection. If a site receives our
• approval to ship a single waste stream
 or group of waste streams,  that site
 cannot ship a different waste stream
 until we perform an additional 194.8(b)
 inspection. Based on actual site
 inspection experience, we have learned
 that for regulatory purposes emphasis
 is better placed on the processes used
 to characterize the wastes streams
 rather  than on the particular waste
 streams themselves. Also, we had
 witnessed DOE's capacity to properly
 characterize numerous waste streams at
 different waste generator sites. On this
 basis, we are proposing to alter the
 waste characterization approval process
 so that only one approval would be
 issued per site. EPA will assign
 reporting requirements for waste
 characterization activities and specify
 any limitations that would necessitate
 additional inspections. The purpose of
                   the proposed revisions to 194.8(b) is to
                   achieve process and resources
                   efficiencies while maintaining our
                   confidence in DOE's technical
                   capability to characterize wastes
                   destined for the Waste Isolation Pilot
                   Plant.

                   Timetable:
                   Action
                                      Date
                                              FR Cite
                   NPRM
                   Final Action
                  08/09/02 67 FR 51930
                  05/00/03
                   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)
                                                           Prerule Stage
3355. • ENDOCRINE DISRUPTOR
SCREENING PROGRAM; PRIORITY
SETTING CRITERIA
Regulatory Plan: This entry is Seq. No.
116 in part II of this issue of the
Federal Register.
RIN: 2070-AD59
3356. 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 the acceptability and
interpretation of third party studies
involving deliberate dosing of human
subjects for the purpose of defining or
quantifying toxic endpoints. EPA will
seek public comment on issues related
to Agency use  of human research data
in its regulatory decisionmaking. EPA
believes the process being initiated will
serve two important Agency goals:
ensuring the availability  of sound and
appropriate scientific data in its
decisions, and protection of the
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            04/00/04
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: Bill Jordan,
                   Environmental Protection Agency,
                   Office of Prevention, Pesticides and
                   Toxic Substances, H-7501C, 7501C,
                   Washington, DC 20460
                   Phone:  703 305-1049
                   Email: jordan.william@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
3357. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS

Regulatory Plan: This entry is Seq. No.
115 in part II of this issue of the
Federal Register.

RIN: 2070-AD36

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75260
federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
Environmental Protection Agency (EPA)
Federal insecticide, Fungicide, and  Rodenticide Act (FIFRA)
                                                                          Proposed  Rule Stage
3358. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of conventional 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 will covers the data
requirements for environmental fate,
ecological effects, product chemistry,
residue chemistry, and human health
and exposure  data requirements for
conventional pesticides.
Timetable:
Action
NPRM - Product
Chemistry and
Human Health
Portions
Date
01/00/03
FR Cite

Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa Chun,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-4027
Fax:  703 305-5884
Email: chun.melissa@epa.gov

Jean  Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax:  703 305-5884
Email: frane.jean@epa.gov
RIN:  2070-AC12
                       3359. PESTICIDES; DATA
                       REQUIREMENTS FOR
                       ANTIMICROBIALS
                       Priority: Substantive, Nonsignificant
                       Legal Authority: 7 USC 136a; 7 USC
                       136c; 7 USC 136w
                       CFR Citation: 40 CFR 158
                       Legal Deadline: None
                       Abstract: EPA will update and revise
                       its pesticide data requirements for
                       antimicrobial products. The data
                       requirements specify the data that are
                       required for EPA to evaluate the
                       registrability of a pesticide product.
                       The revisions will clarify all
                       antimicrobial data requirements to
                       reflect current practice.
                       Timetable:
                       Action
 Date     FR Cite
                       NPRM
04/00/03
                       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
                       3360. PESTICIDES; DATA
                       REQUIREMENTS FOR BIOCHEMICAL
                       AND MICROBIAL PRODUCTS
                       Priority: Substantive, Nonsignificant
                       Legal Authority: 7 USC 136
                       CFR Citation: 40 CFR 158
                       Legal Deadline: None
                       Abstract: EPA will update the data
                       requirements necessary to register a
                       biochemical or microbial pesticide
                       product. The revisions will codify data
                       requirements to reflect current
                       regulatory and scientific standards. The
                       data requirements will cover all
                       scientific disciplines for biochemical
                       and microbial pesticides, including
                    product chemistry and residue
                    chemistry, toxicology and
                    environmental fate and effects. The
                    revision will not include plant
                    incorporated protectants.
                    Timetable:
                    Action
                   Date    FR Cite
                    NPRM
                                     04/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4596
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-0000
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


3361. • ENDOCRINE DISRUPTER
SCREENING PROGRAM;
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Regulatory Plan: This entry is Seq. No.
128 in part II of this issue of the
Federal Register.
RIN:  2070-AD61
                    3362. PESTICIDES; PROCEDURES
                    FOR THE REGISTRATION REVIEW
                    PROGRAM
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 7 USC 136a (g); 7 USC
                    I36w
                    CFR Citation: Not Yet Determined
                    Legal Deadline: None
                    Abstract: The Agency will establish
                    procedures to implement section 3(g) of
                    the Federal Insecticide, Fungicide and
                    Rodenticide Act (FIFRA) which
                    provides for periodic review of

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              Federal Register/Vol.  67,  No. 236/Monday,  December 9, 2002/Unified Agenda
                                                                  75261
EPA—Federal Insecticide, Fungicide, and  Rodenticide Act (FIFRA)
                                                   Proposed Rule Stage
pesticide registrations. The goal of
these regulations is to review a
pesticide's registration every 15 years.
Timetable:
Action
                   Date
                           FR Cite
ANPRM - Pesticides-  04/26/00 65 FR 24586
  Procedural
  Regulations for
  Registration Review
NPRM             04/00/03
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.viviari.@epa.gov

Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29


3363. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive,  Nonsignificant
Legal Authority: 7 USC I36w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
pesticide regulation medical devices
treated with antimicrobial pesticides.
EPA has determined that these treated
medical devices are adequately
regulated by the Food and Drug
Administration. This action would
eliminate dual regulation of these
products by EPA and FDA. EPA would
continue to regulate the antimicrobial
pesticide used to treat the medical
device.
Timetable:
Action
                   Date
FR Cite
NPRM             03/00/03
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
Environmental Protection Agency (EPA)
Federal  Insecticide, Fungicide, and  Rodenticide Act (FIFRA)
                                                        Final  Rule Stage
3364. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: In 1996, the Food Quality
Protection Act amended the Federal
Food, Drug, and Cosmetic Act to
require EPA to charge tolerance fees
that, in the aggregate, will cover all
costs associated with processing
tolerance actions, including filing a
tolerance petition, and establishing,
modifying, leaving in effect, or revoking
a tolerance or tolerance exemption.
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.
Timetable:
Action
                   Date     FR Cite
NPRM Pesticides-    06/09/99 64 FR 31039
  Tolerance
  Processing Fees
Supplemental NPRM  07/24/00 65 FR 45569
  Processing Fees for
  Inert Ingredients
Supplemental NPRM  08/31/00 65 FR 52979
  Reopening of
  Comment Period
Final Action         11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4027
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
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.gov
Bruce Sidwell, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-7761
Fax: 703 305-5884
Email: sidwell.bruce@epa.gov
RIN: 2070-AD23


3365. 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

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75262
Federal Register/VoL  67, No, 236/Monday, December 9,  2002/Unified Agenda
EPA—Federal  Insecticide, Fungicide, and Rodenticide  Act (FIFRA)
                                                                                Final  Rule Stage
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 based
on viral coat proteins from the
requirement of a tolerance under
section 408 of the FFDCA. Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a 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
   06/00/04
Regulatory Flexibility Analysis
Required: No

Government Levels Affected: Federal

Additional Information: SAN No. 4602
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
3366. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA sec.  19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and  disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
                       Action
                                          Date     FR Cite
NPRM (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         06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659
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@epamail.epa.gov

RIN: 2070-AB95
3367. PESTICIDES; WORKER
PROTECTION STANDARD (WPS);
GLOVE AMENDMENT

Priority: Substantive, Nonsignificant

Legal Authority: 7 USC 136(w)

CFR Citation: 40 CFR 170

Legal Deadline: None

Abstract: This 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
NPRM Glove
Requirement
Final Action
Date FR Cite
09/09/97 62 FR 47544
12/00/02
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: SAN No. 3731

Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry

Agency Contact: Nancy Vogel,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C
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

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               Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                   75263
 EPA—Federal  insecticide,  Fungicide, and Rodenticide Act (FIFRA)
                                                        Final Rule  Stage
3368. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The final rule is
due 240 days after close of comment
period.
Abstract:  This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications,  and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Action
Date    FR Cite
NPRM Reg. Require.  09/17/99  64 FR 50671
  forAntiPest.
  Products/Other Pest
  Reg Changes
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 -        04/00/03
  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.gov

          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
3369. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM

Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to
346(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2006, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408(q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Since such actions are issued on a
chemical-by-chemical basis, this
regulatory plan entry does not list the
individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Action
Date
FR Cite
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
each year. EPA has satisfied the 1999
and 2002 deadlines.

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


3370. PLANT-INCORPORATED
PROTECTANTS (FORMERLY PLANT
PESTICIDES) RULEMAKINGS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;i
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

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75264	Federal Register/Vol, 67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Federal  Insecticide, Fungicide, and Rodenticide Act (FIFRA)
                                                                                             Long-Term Actions
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
1 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
j   Comment on
   Alternate Name
; Final Action Plant-
   Incorporated
   Protectants (PIPs)
;   Under FIFRA
 Supplemental NPRM
   Seeks Additional
i   Comment on Other
   Exemptions
; Next Action Undetermined

 Regulatory Flexibility Analysis
 Required: No

! Small Entities Affected: Businesses,
i Organizations

 Government Levels Affected: Federal

 Additional Information: SAN No. 2684

| The Agency has created a new Agenda
 entryv 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
1 Sciences

1 Agency Contact: Janet Andersen,
 Environmental Protection Agency,
; Office of Prevention, Pesticides and
 Toxic Substances, 7511C
 Phone: 703 308-8712
'Fax: 703 308-7026
, Email: andersen.janet@epa.gov

 Elizabeth Milewski, Environmental
: Protection Agency, Office of
 Prevention, Pesticides and Toxic
i Substances, 7202M, Washington, DC
i 20460
 Phone: 202 564-8492
:Fax: 202 564-8501
 Email: milewski.elizabeth@epa.gov

: RIN: 2070-AC02
 3371. 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 Entities Affected: Businesses
 Government Levels Affected: Federal,
 State
 Additional Information: SAN No. 3432
 Agency Contact: David Stangel,
 Environmental Protection Agency,
 Office of Enforcement and Compliance
 Assurance, 2225A, Washington, DC
 20460
 Phone: 202 564-4162
 Email: stangel.david@epa.gov
 RIN: 2020-AA33


 3372. 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
                                                                           Supplemental NPRM
                                                                           Supplemental NPRM
                                                                           Supplemental NPRM
                                                                             Request for
                                                                             Comment on
                                                                             Alternate Name
                                                                           Supplemental NPRM
                                                                             Extension of
                                                                             Comment Period
                                                                           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
                  08/20/01  66 FR 43552
                                                                                             09/00/04
                                                                           Regulatory Flexibility Analysis
                                                                           Required: No
                                                                           Government Levels Affected: Federal
                                                                           Additional Information: SAN No. 4611
                                                                           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  308-8712
                                                                           Fax: 703 308-7026
                                                                           Email: andersen.janet@epa.gov
                                                                           RIN: 2070-AD55

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              Federal Register/Vol.  67, No. 236/Monday,  December 9, 2002/Unified Agenda
                                                                                      75265
EPA—Federal Insecticide, Fungicide,  and  Rodenticide Act (FIFRA)
                                                                         Long-Term Actions
3373. 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 that act by primarily
affecting the plant 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
Action
                   Date
                            FR Cite
NPRM FIFRA
  Exemption
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
FFDCA NPRM
  FFDCA Tolerance
  Exemption
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
  To Be Determined
                    FFDCA Final Action     To Be Determined
                     FFDCA Tolerance
                     Exemption
                    FIFRA Final Action     To Be Determined
                     FIFRA Exemption
                    Regulatory Flexibility Analysis
                    Required: No
                    Government Levels Affected: Federal
                    Additional Information: SAN No. 4612
                    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: 703 308-8712
                    Fax: 703 308-7026
                    Email: andersen.janet@epa.gov

                    RIN: 2070-AD56
3374. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 7 USC 136(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation as proposed
would establish pesticide management
plans (PMPs) as a new regulatory
requirement for certain pesticides.
                                     Unless a State or tribal authority had
                                     an EPA-approved plan specifying risk-
                                     reduction measures, use of the
                                     chemical would be prohibited. The rule
                                     would also specify procedures and
                                     deadlines for development, approval
                                     and modification of plans by States and
                                     tribal authorities. Several parameters of
                                     the program described in the proposed
                                     rule are being reconsidered to
                                     determine whether the program can
                                     address water quality issues rather than
                                     groundwater only, and to determine the
                                     best partnership approach to
                                     implementation.

                                     Timetable:
                                     Action
                                                        Date     FR Cite
                                     NPRM
                                     Notice of Availability
                                       Regarding
                                       Metolachlor
                                     Final Action
                  06/26/96 61 FR 33259
                  02/23/00 65 FR 8925
                   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,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46

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   75266
Federal Register/Vol. 67, No. 236/Monday, December 9. 2002/Unified Agenda
   Environmental Protection  Agency (EPA)
   Toxic Substances Control Act (TSCA)
                                                                                 Prerule Stage
   3375. 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 OFA's such
  as methyl t-butyl ether (MTBE). EPA
  will be soliciting interested parties to
  work on an Enforceable Consent
  Agreement (EGA) under TSCA section
                       4, through which responsible parties
                       can agree to provide data to EPA.
                       Although not currently a rulemaking,
                       EPA is including this in the Regulatory
                       Agenda to inform the public of this
                       activity which will have a regulatory
                       impact once an EGA is finalized.
                       Timetable:

                       Action    	Date     FR Cite
                       Notice To Solicit      06/00/03
                        Interested Parlies
                       Notice - EGA        12/00/04

                       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: 202 260-8168
   Email: semeniuk.george@epa.gov
   RIN: 2070-AD28


  3376.  • SUSTAINABLE FUTURES;
  VOLUNTARY PILOT PROJECT UNDER
  THE TSCA NEW CHEMICAL
  PROGRAM

  Regulatory Plan: This entry is Seq. No.
  117 in part II of this issue of the
  Federal Register.

  RIN: 2070-AD60
  Environmental Protection Agency (EPA)
  Toxic Substances  Control Act (TSCA)
                                                                        Proposed Rule Stage
 3377. 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
NPRM
Final Action
Date
10/00/03
12/00/04
FR Cite

                     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, 7404T, Washington,
 DC 20460
 Phone: 202 566-0521
 Fax: 202 566-0471
 Email: wilson.mike@epa.gov

 Julie Simpson, Environmental
 Protection  Agency, Office of
 Prevention, Pesticides and Toxic
 Substances, 7404, Washington, DC
 20460
 Phone: 202 566-1980
 Fax: 202 566-0471
 Email: simpson.julie@epa.gov

 RIN: 2070-AC83


 3378. POLYCHLORINATED
 BIPHENYLS (PCBS); EXEMPTIONS
 FROM THE PROHIBITIONS AGAINST
 MANUFACTURING, PROCESSING,
 AND DISTRIBUTION IN COMMERCE

 Priority: Substantive, Nonsignificant

 Legal Authority: 15 USC 2605 TSGA
 sec 6(e)(3)(B)

CFR Citation: 40 CFR 761

Legal Deadline: None

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              Federal Register/Vol. 67, No.  236/Moiiday. December 9,  2002/UnifiedAgenda^
                                                                                                       75267
EPA—Toxic Substances Control Act (TSCA)
                                                                                        Proposed  Rule Stage
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 rinding 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
                   12/06/94 59 FR 62875
                   11/00/02
NPRM(1)Groupl
NPRM (2) Group II,
  Response to DoD
  Petitions
Final Action (1) Group  10/00/03
  I
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions

Government Levels Affected: Federal

Additional Information: SAN No. 2150

Sectors Affected: 211 Oil and Gas
Extraction; 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
622 Hospitals; 921 Executive,
Legislative, Public Finance and General
Government

Agency Contact: Peter Gimlin,
Environmental Protection Agency,
 Office of Prevention, Pesticides and
 Toxic Substances, 7404T, Washington,
 DC 20460
 Phone: 202 566-0515
 Fax: 202 566-0473
 Email: gimlin.peter@epa.gov

 Tony baney, Environmental Protection
 Agency, Office of Prevention, Pesticides
 and Toxic Substances, 7404T,
 Washington, DC 20460
 Phone: 202 566-0514
 Fax: 202 566-0473
 Email: baney.tony@epamail.epa.gov

 RIN: 2070-AB20
3379. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS (40
CFR PART 723)
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,
 6~r 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
                   11/00/02
                   10/00/03
                                       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: 202 564-3453
                                        Fax:  202 564-9490
                                        Email: rogers.jamesine@epa.gov

                                        RIN: 2070-AD58
3380. 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(1) CERCLA 104(i); 42
USC 9601 CERCLA; 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
 toxicological profiles for the hazardous
 substances, identify priority data needs,
 and establish a research program
 obtaining the necessary data. This    ;
 action is a component of ATSDR's
 research program. Data from this action
 would provide specific information
 about the substances for the public and
 scientific community. The information
 would be used in conducting
 comprehensive public health
 assessments of populations living near
 hazardous waste sites. Scientific data
  improves the quality of risk
  assessments used by EPA, other Federal
  agencies, and  State and local
  governments. The risk assessments
  affect standards, guidelines,
  listing/delisting, and other decisions
  affecting public health and the
  environment.  In addition, this action
  would require manufacturers and
  processors to  develop data for these
  chemicals that will be used by EPA
  under the Clean Air Act (CAA) to
  evaluate residual risks  from hazardous
  air pollutants (HAPs) on the list of
  HAPs in the CAA under section 112(f),
  42 USC 7412(f) and sections 112(d and
  e). Data from  this action would also be
  used to support implementation of
  several provisions of section 112 of the
  CAA including, determining risks
  remaining after the application of
  technology based standards under

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75268
Federal Register /Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Toxic Substances  Control Act (TSCA)
                                                                           Proposed Rule Stage
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
                        a reproposal of a test rule announced
                        March 4, 1991 (56 FR 9092).

                        Timetable:
                                                                            Timetable:
                                      Action
                                                         Date
                                                                  FR Cite
                        Action
NPRM             06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: 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: 703 603-9150
Fax: 202 564-4765
Email: kover.frank@epa.gov
RIN: 2070-AB79

3381. 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 (7) substances to conduct testing
for developmental and/or reproductive
toxicity. EPA is also proposing
reporting rules for two of the seven
substances. These rules would require
the reporting of production volumes so
it will be possible to determine when
the testing program can be triggered for
the two substances without causing a
 significant impact on revenues. This is
                                           Date
                                                   FR Cite
                                          03/04/91 56 FR 9092
                                          06/00/03
NPRM
NPRM Reproposal

Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: SAN No. 4395

Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries

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

Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 703 603-9150
Fax: 202 564-4765
Email: kover.frank@epa.gov

RIN: 2070-AD44


3382. FOLLOW-UP RULES ON
EXISTING CHEMICALS

Priority: Routine and Frequent

Legal Authority: 15 USC  2604 TSCA
5; 15 USC 2607 TSCA 8

CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721

Legal Deadline: None

Abstract: EPA has established a
program to monitor the commercial
development of existing chemicals of
concern and/or to gather  information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate  rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
                                                                                09/27/89 54 FR 39548
NPRM 2,4-
  Pentanedione
  SNUR
NPRM Chloranil
NPRM Benzidine-
  based Chemical
  Substances
Final Action
  Benzidine-based
  Chemical
  Substances
NPRM Heavy Metal-
  Based Pigments in
  Aerosol Spray
  Paints SNUR
NPRM
  Methylcyclopentane
  SNUR
NPRM 2-
  Ethoxyethanol & 2-
  Methoxyethanol &
  2-Methoxyethanol
  Acetate
NPRM 2 ,4-
  Pentanedione
  SNUR (Reproposal)
NPRM p-Aminophenol
  & Bromochloro-
  methane 8(a)
  Chemical Specific
  Rule
NPRM Certain
  Chemical
  Substances No
  Longer in
  Production SNUR
Final Action Heavy
  Metal-Based
  Pigments in Aerosol
  Spray Paints SNUR
NPRM o-Tolidine &  o-
  Dianisidine-based
  Dyes (Benzidine
  Congener Dyes)
NPRM Proposed
  Amendment to
  Benzidine-based
  Chemical
  Substances 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
05/12/93 58 FR 27980
08/30/95 60 FR 45119
                                                                                10/07/96  61 FR 52287



                                                                                01/15/02  67 FR 1937



                                                                                12/00/02


                                                                                12/00/02




                                                                                05/00/03


                                                                                06/00/03




                                                                                06/00/03




                                                                                06/00/03



                                                                                09/00/03



                                                                                12/00/03




                                                                                06/00/04




                                                                                12/00/04

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               Federal Register/Vol. 67,  No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                     75269
 EPA—Toxic Substances  Control Act (TSCA)
                                                                      Proposed  Rule Stage
 Agency Contact: Barbara Leczynski,
 Environmental Protection Agency,
 Office of Prevention, Pesticides and
 Toxic Substances, 7405M, Washington,
 DC 20460
 Phone: 202 564-8164
 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@epamail.epa.gov
 RIN: 2070-AA58


 3383. 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
                   Date
                           FR Cite
NPRM
06/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: Businesses
 Government Levels Affected: State
 Additional Information: SAN No. 4512
 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


 3384. 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 plant are subject
                                                         to oversight by the Animal and Plant
                                                         Health Inspection Service (APHIS) of
                                                         the U.S. Department of Agriculture
                                                         while being tested in the environment.
                                                         Following APHIS approval of a petition
                                                         for non-regulated status filed pursuant
                                                         to APHIS' regulations implementing the
                                                         Federal Plant Pest Act at 7 CFR Part
                                                         340, however, these plants cease to be
                                                         subject to regulation by USD A.
                                                         Additionally, transgenic animals that
                                                         are not under the jurisdiction of FDA
                                                         appear to be subject to TSCA. Such
                                                         animals may be genetically improved
                                                         livestock for commercial purposes. The
                                                         policy statement would address
                                                         whether EPA should exercise
                                                         jurisdiction under TSCA over such
                                                         transgenic organisms  prior to their
                                                         commercial use.
                                                         Timetable:
                                                         Action
                                                                           Date    FR Cite
                                                         NPRM
                                                                          09/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 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: 202 564-3453
Fax: 202 564-9490
Email: rogers.jamesine@epa.gov
RIN: 2070-AD53
Environmental  Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
                                                                          Final Rule Stage
3385. 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

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75270
Federal Register /Vol.  67, No. 236/Monday, December 9,  2002/Unified  Agenda	

                                                                                Final  Rule Stage
EPA—Toxic Substances  Control Act (TSCA)
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(lKB), 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
 NPRM Comment
  Period Extended
 Final Action
    12/18/98  63 FR 70189

    02/12/99  64 FR 7159
    03/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: Businesses,
 Governmental Jurisdictions,
 Organizations
 Government Levels Affected: Federal,
 State, Local, Tribal
 Additional Information: SAN No. 3508
 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; 23321  Single
 Family Housing Construction;  233
 Building, Developing and  General
 Contracting
 Agency Contact: Robert Wright,
 Environmental Protection Agency,
 Office of Prevention, Pesticides and
 Toxic Substances, 7404, Washington,
 DC 20460
 Phone: 202 566-1975
 Fax: 202 566-0470
 Email: wright.robert@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC72


3386. 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,
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
                        Action
                                           Date
                                                    FR Cite
                                          01/22/01  66 FR 7207
                                          11/00/02
 NPRM
 Final Action
 Regulatory Flexibility Analysis
 Required:  No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4172
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Fax:  202 566-0471
Email: wilson.mike@epa.gov

Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC     :
20460
Phone: 202 566-1980
Fax:  202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AD31


3387. SIGNIFICANT NEW USE RULES;
FOLLOW-UP RULES ON NON-5(E)
NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in  the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.

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                Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                       75271
  EPA—Toxic Substances Control Act (TSCA)
                                                                           Final  Rule Stage
 Timetable:
 Action
Date
                             FR Cite
 NPRMAIkyl&Sulfonic 06/11/86 51 FR21199
   Acid & Ammonium
   Salt (84-1056)
 NPRM 1-Decanimlne- 12/08/87 52 FR 46496
   N-Decyl-N-Methyl-
   N-Oxfde (86-566)
 NPRM Aluminum     06/11/93 58 FR 32628
   Cross-linked
   Sodium Carboxy-
   methylcellulose
 Final Action Alkyl &   06/00/03
   SulfonlcAcid&
   Ammonium Salt (84-
   1056)
 Final Action 1-       06/00/03
   Decanlmine-N-
   Decyt-N-Methyl-N-
   Oxida (86-566)
 Final Action Aluminum 06/00/03
   Cross-linked
   Sodium Carboxy-
   methylcellulose
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 1976
 Sectors Affected: 324 Petroleum and
 Coal Products Manufacturing; 325
 Chemical Manufacturing
 Agency Contact: James Alwood,
 Environmental Protection Agency,
 Office of Prevention, Pesticides and
 Toxic Substances, 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
3388. 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:
                    84-660/-704&84-
                    105/-106/-107&85-
                    433
                  NPRM Aromatic
                    Amino Ether (P90-
                    1840)
                  NPRM Alkenyl Ether
                    of Alkanetriol
                    Polymer (93-458)
                  NPRM Certain
                    Chemical
                    Substances (91 -
                    1299/95-166791-
                    129891-1297
                  NPRM Certain
                    Chemical
                    Substances
                  Final Action Batch
                    SNUR: 84-660/-704
                    &84-105/-106/-107
                    & 85-433
                  Final Action Certain
                    Chemical
                    Substances (91-
                    1299/95-166791-
                    129891-1297
                  Final Action Aromatic
                    Amino Ether (P90-
                    1840)
                  Final Action Alkenyl
                    Ether of Alkanetriol •
                    Polymer (93-458)
                  Final Action Certain
                    Chemical
                    Substances
                  05/27/93  58 FR 30744
                  06/06/94


                  12/19/94


                  06/26/97




                  09/09/98


                  05/11/02



                  03/00/03




                  03/00/03


                  03/00/03


                  06/00/03
59 FR 29255


59 FR 65289


62 FR 34421




63 FR 48157


67 FR 17643
 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


 3389. TEST RULE; GENERIC ENTRY
 FOR  ITC RELATED TESTING
 DECISIONS
 Priority: Substantive, Nonsignificant
 Legal Authority: 15 USC 2603 TSCA
 4; 15  USC 2611 TSCA 12
 CFR Citation: 40 CFR 790 to 799
 Legal Deadline: None
 Abstract: EPA is requiring testing via
 rules, or will obtain testing through
 enforceable consent agreements (EGAs)
 or publish a notice which provides the
 reasons for not doing so for chemicals
 listed herein. These chemicals have
 been designated for priority testing
 consideration by the ITC or
 recommended for testing consideration
 (for which the 12-month statutory
 requirement does not apply). The list
 also includes chemicals or categories of
 chemicals which have been identified
 for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
            Action
                                Date
                            FR Cite
            ANPRMAryl
              Phosphates (ITC
              List 2)
            NPRM Brominated
              Flame Retardants
            NPRMAryl
              Phosphates (ITC
              List 2)
                  12/29/83  48FR574521


                  06/25/91  56 FR 29140

                  01/17/92  57FR2138

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75272
              Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Toxic Substances  Control Act (TSCA)
                                                                                              Final Rule Stage
Action
                   Date     FR Cite
                  08/05/99  64 FR 42692
                  06/15/00  65 FR 37550
Final Action-EGA
  DiBasic Esters
  (CPSC)
Final Action-EGA
  1,1,2-
  Trichloroethane
  (TCE)
Final Action-EGA     12/00/02
  Ethylene Dichloride
  (EDC)
Final Action ITC      12/00/02
  Chemicals (ITC List
  28)
Final Action-EGA     06/00/03
  Maleic Anhydride
Final Action-EGA .    06/00/03
  Hydrogen Fluoride
Final Action-EGA     06/00/03
  Phthalic Anhydride
Final Action-EGA Aryl  12/00/03
  Phosphates (ITC
  List 2)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 703 603-9150
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
3390. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 7412 CAA 112; 42 USC 7403
CAA 103; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112fb), 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 identity 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         10/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487
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


3391. TEST RULE; CERTAIN HIGH
PRODUCTION VOLUME (HPV)
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611 to 2612; 15 USC 2625 to 2626
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: This rule will require testing
and recordkeeping requirements for
certain high production volume (HPV)
chemicals (i.e.,  chemicals which are
manufactured (including imported) in
the aggregate at more than 1 million
pounds on an annual basis. Although
varied based on specific data needs for
the particular chemical, the data
generally collected under this rule may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity; mutagenicity
ecotoxicity and environmental fate. The
first rule proposed testing  for 37 HPV
chemicals with substantial worker
exposure. The action is part of the
Chemical Right-to-Know Initiative,
which is described in The Regulatory
Plan.
Timetable:
                                                                            Action
                                                                                                Date     FR Cite
                                                                            NPRM
                                                                            Final Action
                  12/26/00 65 FR 81658
                  03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990
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:  703 603-9150
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

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               Federal Register/Vol.  67,  No. 236/Monday,  December 9, 2002/Unified Agenda
                                                                             75273
 EPA—Toxic Substances Control Act  (TSCA)
                                                                  Final Rule Stage
 Email: cronin.keith@epa.gov
 BIN: 2070-AD16


 3392. 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) has having a
 total potential worker exposure of
 greater than  1,000 workers. OSHA has
 indicated that it needs quantitative
 measures of dermal absorption rate in
 order to evaluate the potential hazard
 of these chemicals to workers.
 Timetable:
Action
                   Date
FR Cite
NPRM-OSHA       06/09/99  64 FR 31074
  Chemicals Dermal
  Testing (ITC List 31,
  32&3S)                          :
Final Action - OSHA   12/00/02
  Chemical Dermal
  Testing
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4425
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: 703 603-9150
           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


           3393. ACRYLAMIDE AND N-
           METHYLOLACRYLAMIDE GROUTS
           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
           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 is now considering
           whether it is still 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 FR 7454
                                                       03/00/03
          Regulatory Flexibility Analysis
          Required: No
          Small Entities Affected: Businesses,
          Governmental Jurisdictions
          Government Levels Affected: Federal,
          State, Local, Tribal
          Additional Information: SAN No. 2779
          Sectors Affected: 23491 Water, Sewer,
          and Pipeline Construction; 23491
          Water, Sewer, and Pipeline
          Construction; 32519 Other Basic
          Organic Chemical Manufacturing;
          32519 Other Basic Organic Chemical
          Manufacturing; 42269 Other Chemical
          and Allied Products Wholesalers; 22132
          Sewage Treatment Facilities
                                      Agency Contact: John Bowser,
                                      Environmental Protection Agency,
                                      Office of Prevention, Pesticides and
                                      Toxic Substances, 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: 202 564-0575
                                      Email: auer.charles@epa.gov

                                      RIN: 2070-AC17
3394. 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  02/28/96 61 FR 7421
                                       List
                                     Final Action 38th ITC : 10/29/96 61 FR 55871
                                       List
                                     Final Action 38th ITC  12/11 /96 61 FR 65186
                                       List - Stay
                                     Final Action 38th ITC  01/07/98 63FR684
                                       List - Stay/Technical
                                       Amendments

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75274
Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
EPA—Toxic  Substances Control  Act (TSCA)
                                                                                 Final  Rule Stage
Action
     Date    FR Cite
Final Action 38th ITC  01/11/00 65 FR 1548
  List - Revocation
Final Action 39th ITC  01/11/00 65 FR 1548
  List
Final Action 41st ITC  07/05/00 65 FR 41371
  List
Final Action 42nd ITC  07/24/00 65 FR 45535
  List
Final Action 47th ITC  07/26/01 66 FR 38955
  List
Final Action 48th ITC  11 /00/02
  List
Final Action 50th ITC  01/00/03
  List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 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


3395. 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 FR65186

                                          01/07/98 63FR684
                                          01/11/00 65 FR 1548

                                          02/00/03

                                          03/00/03

                                          04/00/03

                                          05/00/03
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, 41 st
  and 42nd ITC List
Final Action 47th ITC
  List
Final Action 48th ITC
  List
Final Action 50th ITC
  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: 703 603-9075
Fax: 202 564-4765
Email: harris.john@epa.gov
RIN: 2070-ABll


3396. 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
                  11/00/02
                                                              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

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               Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                   75275
 EPA—Toxic Substances Control  Act (TSCA)
                                                        Final Rule  Stage
Fax: 202 564-7450
Email: obryan.terry@epa.gov
RIN: 2070-AG80
3397. TSCA INVENTORY UPDATE
RULE AMENDMENTS
Timetable:
Action
NPRM
NPRM Comment
Period Extended
Final Action

Date FR Cite
08/26/99 64 FR 46771
10/22/99 64 FR 56998
11/00/02
Timetable:
Action Date FR Cite
NPRM 03/21/94 59 FR 13294
Final Action 09/00/03
Regulatory Flexibility Analysis
RenilirpH- Mn
 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 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.
 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,
 Washington, DC 20460
 Phone: 202 564-8786
 Fax: 202 564-8893
 Email: lee.robert@epa.gov

 RIN: 2070-AC61
3398. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
(RCFS)

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605  TSCA 6

CFR Citation: 40 CFR 704; 40 CFR 721

Legal Deadline: None

Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (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.
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, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0473
Email: fraleigh.cindy@epa.gov

Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epa.gov
RIN: 2070-AC37
3399. CHEMICAL RIGHT-TO-KNOW
INITIATIVE; HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Other Significant
Legal Authority: 15 USC 4 TSCA; 15
USC 8 TSCA; 42 USC 313 TRI; 7 USC
136 FIFRA
CFR Citation: 40 CFR 700 et seq
Legal Deadline: None
Abstract: The Chemical RTK Initiative
was established in 1998 in response to
the finding that most commercial
chemicals have very little, if any,
publicly available toxicity information
on which to make sound judgments
about potential risks. There are three
key components to this initiative, each
of which is being implemented by EPA.
These are: collecting and making public
screening level toxicity data for 2,800
widely used commercial chemicals;
additional health, effects assessment for
chemicals to which children are
substantially exposed; and the listing
and lowering of thresholds for
persistent, bioaccumulative, toxic
chemicals reported to the Toxic Release
Inventory (TRI). This Initiative will
involve several separate activities, with

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75276
Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—Toxic Substances Control Act  (TSCA)
                                                                               Final  Rule Stage
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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176
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  564-8164
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@epamail.epa.gov
RIN: 2070-AD25


3400.  SIGNIFICANT NEW USE RULE;
PERFLUOROALKYL SULFONATES
(PFOA)
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
                       Action
                   Date
                                                  FR Cite
                                         10/18/00 65 FR 62319
                                         11/21/00 65 FR 69889
NPRM
NPRM Comment
  Period Extended
Notice of Public
  Meeting on NPRM
Supplemental NPRM   03/11/02 67FR 11014
                                         02/23/01 66 FR 11243
          Final Action for Certain 03/11/02 67 FR 11008
            Uses in the
            Proposal
          Final Action for       11/00/02
            Remaining Uses in
            the 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 Lecyynski, 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
Environmental  Protection Agency (EPA)
Toxic  Substances  Control Act  (TSCA)
                                                                            Long-Term Actions
3401. 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
(ASHARAJ amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum  number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments.
                       Timetable:
                       Action
                   Date
FR Cite
                       Model Plan
                       Interim Final Rule
                       Final Action
                 05/13/92 57 FR 20438
                 02/03/94 59 FR 5236
                 05/00/04
                       Regulatory Flexibility Analysis
                       Required: No

                       Small Entities Affected: Businesses,
                       Governmental Jurisdictions

                       Government Levels Affected: Federal,
                       State, Local, Tribal
                       Federalism: Undetermined

                       Additional Information: SAN No. 3148

                       Sectors Affected: 611519 Other
                       Technical and Trade Schools

                       Agency Contact: Cindy Fraleigh,
                       Environmental Protection Agency,
                       Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax:  202  566-0473
Email: fraleigh.cindy@epa.gov

Tony baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0514
Fax:  202  566-0473
Email: baney.tony@epamail.epa.gov
RIN:  2070-AC51


3402. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority:  15 USC 2605  TSCA

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               Federal Register /Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                                      75277
 EPA—Toxic Substances Control  Act (TSCA)
                                                                        Long-Term Actions
 CFR Citation: 40 CFR 745
 Legal Deadline: None
 Abstract: On October 20,1992, the
 Environmental Defense Fund (EDF),
 Federation of Fly Fishers, Trumpeter
 Swan Society, and North American
 Loon Fund petitioned EPA under
 section 21 of the Toxic Substances
 Control Act (TSCA), and the
 Administrative Procedure Act (APA), to
 initiate rulemaking proceedings under
 section 6 of TSCA  to require that the
 sale of lead fishing sinkers be • .
 accompanied by an appropriate label or
 notice warning that such products are
 toxic to wildlife. EPA granted the
 petition, however,  the Agency believes
 that a labeling provision would not
 adequately address the risk of injury to
 waterfowl and other birds (waterbirds),
 from ingestion of lead fishing sinkers.
 In addition, EPA also believes that zinc
 fishing sinkers adversely affect
 waterbirds, and can cause mortality.
 Therefore, EPA has proposed a rule
 under section 6 (a) of TSCA to prohibit
 the manufacturing, processing, and
 distribution in commerce in the United
 States, of certain smaller size fishing
 sinkers containing  lead and zinc, and
 mixed with other substances, including
 those made of brass.
 Timetable:
Action
Date    FR Cite
ANPRM            05/13/91  56 FR 22096
NPRM - Ban of Fishing 03/09/94  59 FR 11122
  Sinkers
Final Aolion - Fishing  12/00/03
  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: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov

Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0521
Fax: 202 566-0471
Email: wilson.mike@epa.gov
RIN: 2070-AC21
3403. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE - BRIDGES AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2603 TSCA
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 that 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: 202 566-0471
                                                        Email: wolf.joel@epa.gov

                                                        Julie Simpson, Environmental
                                                        Protection Agency, Office of
                                                        Prevention, Pesticides and Toxic
                                                        Substances, 7404, Washington, DC
                                                        20460
                                                        Phone: 202 566-1980
                                                        Fax: 202 566-0471
                                                        Email: simpson.julie@epa.gov
                                                        RIN: 2070-AC64 ,
3404. 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 PCS      '.
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to, Use Authorizations, Public
Participation Process, Appeals Process,
Natural Gas Pipelines, Testing and
Analysis, Manifesting of PCB Waste,
Publication Process for Validated
Alternate Decontamination Solvents
and PCB Analytical Methods and
Storage of Dedicated PCB Equipment.
The action to authorize certain non-
liquid PCB applications is also
included in this action.
Timetable:
                                      Action
                                                         Date
                           FR Cite
                                      NPRM             06/00/04
                                      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

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 75278
Federal Register/Vol.  67, No. 236/Monday, December 9,  2002/Unified  Agenda
 EPA—Toxic  Substances  Control  Act (TSCA)
                                                                             Long-Term Actions
; 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
1 Toxic Substances, 7404T, Washington,
 DC 20460
i Phone: 202 566-0484
| Fax: 202  566-0473
 Email: fraleigh.cindy@epa.gov

 Laura Casey, Environmental Protection
. Agency, Office of Prevention, Pesticides
: and Toxic Substances, 7404T
' Phone: 202 566-1982
 Fax: 202  566-0473
i Email: casey.laura@epa.gov
1 RIN: 2070-AD52


! 3405. 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
1 TSCA 26
1 CFR Citation: 40 CFR 790 to 799
; Legal Deadline: None
 Abstract: This is a voluntary program
: to evaluate commercial chemicals to
; which children may have a high
i likelihood of exposure. Designed with
i extensive stakeholder participation, the
i purpose of this voluntary program is
• to obtain  toxicity and exposure data
: needed to assess the risk of childhood
i exposure  to commercial chemicals. EPA
1 launched a pilot of this program on
'. December 26, 2000. Manufacturers of
i 20 of the  23 pilot chemicals have
1 volunteered to sponsor their chemicals
• in tier 1 in the pilot. A workshop was
i held in December 2001 to provide
! sponsors with additional guidance on
; the scope and content of the exposure
| assessments they will prepare. A peer
' consultation process will be used to
• evaluate the scientific merits of the
 hazard, exposure, and risk assessments
| submitted by sponsors. The first
I assessments developed for VCCEP are
 expected to be received in mid 2002.
: Although not currently involving a
 rulemaking, EPA has included this
 pilot program in the regulatory agenda
 to inform the public about activities
                       like this related to its chemical testing
                       program.
                       Timetable:
                       Action
                                           Date     FR Cite
                       Notice Cancellation of 01/13/00 65 FR 21 63
                         Public Meeting
                       Notice Stakeholder   03/29/00 65 FR 16590
                         Involvement
                         Process - Notice of
                         Public Meeting
                       Notice Voluntary     12/26/00 65 FR 81 700
                         Children's Chemical
                         Evaluation Program
                         - Pilot
                       Notice Update       01/00/04
                       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, 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: 202 564-8172
                       Fax: 202 564-4765
                       Email: roman.catherine@epa.gov
                       RIN: 2070-AC27


                       3406. TEST RULE; CERTAIN METALS
                       Priority: Substantive,  Nonsignificant
                       Legal Authority: 15 USC 2603 TSCA
                       4; 15 USC 2611 TSCA 12; 15 USC 2625
                       TSCA 26; 42 USC 9604(i) CERCLA
                       CFR Citation: 40 CFR 790
                       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
 standards under section 112(d) of the
 CAA, estimating the risks associated
 with accidental releases, and
 determining whether or not substances
 should be removed from the CAA
 section  (b)(l) list of HAPs (delisting).
 Timetable:
Action
                   Date     FR Cite
NPRM
                  06/00/04
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

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              Federal  Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                 75279
EPA—Toxic Substances Control Act (TSCA)
                                                    Long-Term Actions
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 703  603-9150
Fax: 202 564-4765
Email: kover.frank@epa.gov
R1N: 2070-AD10

3407.  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 developed 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
identified sunset, or termination, dates
that identified: (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.
This action is now complete.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis
Required:  No

Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
                  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: 703 603-9150
                  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
Government Levels Affected: Federal    RIN: 2070-AC84
Environmental  Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
                                                          Prerule Stage
3408. 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 otiier 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
                  Regulatory Flexibility Analysis
                  Required: No

                  Small Entities Affected: No

                  Government Levels Affected: None

                  Additional Information: SAN No. 4392

                  Agency Contact: Peter South,
                  Environmental Protection Agency,
                  Office of Environmental Information,
                  2844T, Washington, DC 20460
                  Phone: 202 566-0745
                  Fax: 202 566-0741
                  Email: south.peter@epa.gov

                  John Dombrowski, Environmental
                  Protection Agency, Office of
                  Environmental Information, 2844
                  Phone: 202 566-0742
                  Fax: 202 401-0237
                  Email: dombrowski.john@epa.gov

                  RIN: 2025-AA08
Notice
                 12/00/02

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 75280        Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
 Environmental  Protection Agency (EPA)
 Emergency Planning and Community Right-to-Know Act (EPCRA)
                                                                       Proposed Rule Stage
 3409. TRI; REVIEW OF CHEMICALS
 ON THE ORIGINAL TRI LIST

 Priority: Other Significant

 Legal Authority: 42 USC  1101 et seq

 CFR  Citation: 40 CFR 372

 Legal Deadline: None

 Abstract: When TRI was  established by
 Congress in 1986, the statutory
 language placed 309 chemicals and 20
 categories of chemicals on the TRI list;
 that is referred to as the original TRI
 list. The chemicals on the original list
 were  taken from two existing lists of
 toxic  substances: the Maryland
 Chemical Inventory Report List of
 Toxic or Hazardous Substances, and the
 New Jersey Environmental Hazardous
 Substances list. This action constitutes
 the first systematic review of toxicology
 and environmental data for all the
 chemicals on the original  TRI list to
 determine whether data for those
 chemicals conform with the statutory
 criteria for listing of chemicals on TRI.
 Chemicals for which data do not meet
 the statutory criteria will be delisted.

 Timetable:
Action
                   Date     FR Cite
NPRM
Final Action
03/00/03
12/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: No

Government Levels Affected: Federal,
State

Additional Information: SAN No. 4015

Agency Contact: Steve Devito,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0755
Fax: 202 566-0741
Email: devito.steve@epa.gov

John Dombrowski, Environmental
Protection Agency,  Office of
Environmental Information, 2844
Phone: 202 566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov

RIN: 2025-AA03
                    3410. 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.

                    Timetable:
                    Action
                                       Date     FR Cite
10/27/95 60 FR 54949

02/23/99 64 FR 8775


09/05/00 65 FR 53681


05/11/01  66 FR 24066


12/00/02


12/00/03


12/00/04
 Notice DBNPA
  (Request to Delete)
 NPRM Chromite Ore
  From Transvaal
  Reg. of S.A.
 NPRM Diisononyl
  Phthalate(DINP)
  (Request To Add)
 Final Action Chromite
  Ore From Transvaal
  Reg. of S.A.
 Response Chromium,
  Antimony, Titanite
  Petition
 Final Response
  DBNPA (Request
  To Delete)
 Final Action
  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

 Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
 Office of Environmental Information,
 2844T, Washington, DC 20460
Phone: 202  566-0743
Fax: 202 566-0741
Email: bushman.daniel@epa.gov
 John Dombrowski, Environmental
 Protection Agency, Office of
 Environmental Information, 2844
 Phone: 202 566-0742
 Fax: 202 401-0237
 Email: dombrowski.john@epa.gov
 RIN: 2025-AAOO


 3411. TRI; REVISIONS TO THE
 OTHERWISE USE ACTIVITY
 EXEMPTIONS AND THE COAL
 EXTRACTION ACTIVITIES EXEMPTION
 Priority: Substantive, Nonsignificant.
 Major status under 5 USC 801 is
 undetermined.
 Unfunded Mandates: Undetermined
 Legal Authority: 42 USC 11001 et seq
 CFR Citation: 40 CFR 372
 Legal Deadline:  None
 Abstract: The Toxics Release Inventory
 (TRI) requires reporting from facilities
 that manufacture or process at least
 25,000 pounds of a listed non-PBT
 chemical, or otherwise use 10,000
 pounds of a listed non-PBT chemical.
 The activity thresholds are lower for
 listed PBT chemicals. In determining
 amounts of listed chemicals that are
 manufactured, processed or otherwise
 used, facilities may consider specific
 exemptions from reporting. EPA is
 presently reviewing a group of these
 exemptions. The categories of
 exemptions presently being
 reconsidered by EPA are the personal
 use exemption, and the motor vehicle
 maintenance exemption. Also known as
 otherwise use exemptions because they
 are limited to otherwise use activities,
 these exemptions are expressly
 provided-for at 40 CFR 372.38(c). EPA
 is also considering changes to the coal
mining extraction activities exemption
provided for at 40 CFR 372.38(g).
Timetable:
                                                                            Date
                                                                                    FR Cite
                                                         NPRM             03/00/03
                                                         Final Action         12/00/03
                                                         Regulatory Flexibility Analysis
                                                         Required: Undetermined
                                                         Small Entities Affected: Businesses
                                                         Government Levels Affected: Federal,
                                                         State
                                                         Additional Information: SAN No. 4265
                                                         Agency Contact: Lawrence A.
                                                         Reisman, Environmental Protection
                                                         Agency, Office of Environmental
                                                         Information, 2841T, Washington, DC
                                                         20460

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              Federal Register/Vol. 67,  No. 236/Monday, December 9,  2002/Unified Agenda
                                                                                    75281
EPA—Emergency  Planning  and Community Right-to-Know Act (EPCRA)
                                                                     Proposed Rule  Stage
Phone: 202 566-0751
Fax: 202 566-0741
Email: reisman.larry@epa.gov

John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA06


3412. 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 GFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
Timetable:
Action
                   Date    FR Cite
 NPRM
 Final Action
01/00/03
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,
 2844T, Washington, DC 20460
 Phone: 202 566-0750
 Fax: 202 566-0741
Email: kendall.judith@epa.gov

John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA10

3413. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores can not be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal  extraction
activities exemption.
Timetable:
                    Action
                                      Date
                                              FR Cite
                    NPRM             12/00/02
                    Final Action         12/00/03
                    Regulatory Flexibility Analysis
                    Required: Undetermined
                    Small Entities Affected: Businesses
                    Government Levels Affected:
                    Undetermined
                    Federalism: Undetermined
                    Additional Information: SAN No. 4616
                    Agency Contact: Marc Edmonds,
                    Environmental Protection Agency,
                    Office of Environmental Information,
                    2844, Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741:
Email: edmonds.marc@epa.gov

John Dombrowski, Environmental
Protection Agency; Office of
Environmental Information, 2844
Phone: 202 566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA11


3414. » ADDITION OF TOXICITY
EQUIVALENCY (TEQ) REPORTING
AND QUANTITY DATA FOR
INDIVIDUAL MEMBERS OF THE
DIOXIN AND DIOXIN-LIKE
COMPOUNDS CATEGORY UNDER
EPCRA, SECTION 313
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Plannihg and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxiii
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency  (TEQ) reporting for the
category and quantity data for
individual members of the category to
the grams  only reporting currently
required for the  category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8-
tetrachlorodibenzo-p-dioxin and
1,2,3,7,8-pentachlprodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI  data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like  compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
                                     Action
                                                        Date     FR Cite
                                     NPRM            12/00/02
                                     Regulatory Flexibility Analysis
                                     Required: Undetermined
                                     Small Entities Affected: Businesses

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 75282	Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda

 EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)           Proposed Rule Stage
 Government Levels Affected: Federal
 Additional Information: SAN No. 4692
 URL For More Information:
 http :///www. epa.gov
 Agency Contact: Daniel Bushman,
 Environmental Protection Agency,
 Office of Environmental Information,
 2844T, Washington, DC 20460
 Phone: 202 566-0743
 Fax: 202 566-0741
 Email: bushman.daniel@epa.gov
 John Dombrowski, Environmental
 Protection Agency, Office of
 Environmental Information, 2844
 Phone: 202 566-0742
 Fax: 202 401-0237
 Email: dombrowski.john@epa.gov
 RIN: 2025-AA12
 Environmental Protection Agency (EPA)
 Emergency Planning and Community  Right-to-Know Act (EPCRA)
                                                     Long-Term Actions
 3415. 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 possibly 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    To Be  Determined
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


 3416. 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              To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3994
Sectors Affected: 11133 Noncitrus
Fruit and Tree Nut Farming; 111421
Nursery and Tree Production; 42291
Farm Supplies Wholesalers
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


 3417. MODIFICATION OF THRESHOLD
 PLANNING QUANTITY FOR
 ISOPHORONE DHSOCYANATE
 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 (TPQ) 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
                   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. 3993
Sectors Affected: 325 Chemical
Manufacturing'

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              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002 / Unified Agenda
                                                                 75283
EPA—Emergency Planning  and  Community Right-to-Know Act (EPCRA)
                                                    Long-1'erm  Actions
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

RIN: 2050-AE43


3418. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USG 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
313Cd)(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
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202  566-0743
Fax: 202 566-0741
Email: bushman.daniel@epa.gov

John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202  566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA01
3419. 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
                 09/25/91  56 FR 48475
                   To Be  Determined
NPRM
Response
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2847
Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844
Phone: 202 566-0742
Fax: 202 401-0237
Email: dombrowski.john@epa.gov
RIN: 2025-AA09
Environmental  Protection Agency  (EPA)
Resource Conservation and Recovery Act (RCRA)
                                                          Prerule Stage
3420. LAND DISPOSAL
RESTRICTIONS; NOTICE OF DATA
AVAILABILITY: MERCURY
TREATABILITY STUDIES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: This notice of data
availability (NODA) makes available to
the public two studies conducted on
the treatment of mercury wastes. The
studies were performed to demonstrate
the conditions that affect the stability
of waste residues created from the
treatment of high mercury wastes. This
NODA also makes available the results
of the peer review for these studies.

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75284
Federal  Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
EPA—Resource Conservation  and  Recovery Act (RCRA)
                                                                                  Prerule Stage
Timetable:
Action
                   Date
                           FR Cite
ANPRM           05/28/99 64 FR 28949
NoDA            12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4094
                       Sectors Affected: 325181 Alkalies and
                       Chlorine Manufacturing; 3353 Electrical
                       Equipment Manufacturing; 3254
                       Pharmaceutical and Medicine
                       Manufacturing; 32551 Paint and
                       Coating Manufacturing

                       Agency Contact: 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

                   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

                   RIN: 2050-AE54
Environmental Protection Agency (EPA)
Resource Conservation and Recovery  Act (RCRA)
                                                                          Proposed  Rule Stage
3421. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6936; 42 USC 6937; 42 USC
6938; ...
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-defined
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.
                        Since many advances have occurred in
                        waste sampling strategies since initial
                        guidance was published in 1984, EPA
                        is announcing the availability of a new
                        guidance document for public comment
                        entitled RCRA Waste Sampling Draft
                        Technical Guidance.
                        Timetable:
                        Action
                                          Date     FR Cite
                        NPRM
                        Final Action
11/00/02
10/00/03
                        Regulatory Flexibility Analysis
                        Required: No
                        Small Entities Affected: No
                        Government Levels Affected: Federal,
                        State, Local, Tribal
                        Additional Information: SAN No. 3989
                        Agency Contact: Kim Kirkland,
                        Environmental Protection Agency,
                        Solid Waste and Emergency Response,
                        5307W, Washington, DC 20460
                        Phone:  703 308-0490
                        Fax:  703 308-0511
                        Email: kirkland.kim@epa.gov
                        RIN:  2050-AE41

                        3422. 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
                      Informatfon and
                      Data
                    NPRM            12/00/02
                    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,

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               Federal Register/Vol.  67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                 75285
 EPA—Resource Conservation and Recovery Act  (RCRA)
                                                  Proposed Rule Stage
 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
 R1N: 2050-AE67


 3423. MODIFICATIONS TO RCRA
 RULES ASSOCIATED WITH SOLVENT-
 CONTAMINATED SHOP TOWELS AND
 WIPES
 Regulatory Plan: This entry is Seq. No.
 129 in part n of this issue of the
 Federal Register.
 RIN: 2050-AE51


 3424. REVISION OF WASTEWATER
 TREATMENT EXEMPTIONS FOR
 HAZARDOUS WASTE MIXTURES
 Regulatory Plan: This entry is Seq. No.
 130 in part H of this issue of the
 Federal Register.
 RIN: 2050-AE84


 3425. INCREASE METALS
 RECLAMATION FROM F006 WASTE
 STREAMS
 Regulatory Plan: This entry is  Seq. No.
 131 in part II of this issue  of the
 Federal Register.
 RIN: 2050-AE97


 3426. REVISIONS TO THE DEFINITION
 OF SOLID WASTE
 Regulatory Plan: This entry is Seq. No.
 132 in part II of this issue of the
Federal Register.
 RIN: 2050-AE98


3427. 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:
 Action
                   Date     FR Cite
 NPRM            06/00/03
 Direct Final Rule -    06/00/03
  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
 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


3428. • RCRA BURDEN REDUCTION
INITIATIVE,  PHASE 2
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
 6930; 42 USC 6934; 42 USC 6935; 42
 USC 6937 to 6939; 42 USC 6944; 42
 USC 6949(a); 42 USC 6974; PL 104-13
 CFR Citation: 40 CFR 260; 40 CFR 261;
 40 CFR 264; 40 CFR 265; 40 CFR 266;
 40 CFR 268; 40 CFR 270
 Legal Deadline: None
 Abstract: As part of its response to the
 Paperwork Reduction Act, OSW formed
 the RCRA Burden Reduction Initiative.
 The Initiative group reviewed all of the
 RCRA paperwork reporting and
 recordkeeping requirements, and
 developed ideas for streamlining or
 eliminating a third of them. On January
 17, 2002, a proposed rule was
 published in the Federal Register with
 these ideas. As part of the second phase
 of the Initiative, we are considering
 proposing additional burden reduction
 ideas.
 Timetable:
 Action
                   Date
                           FR Cite
 NPRM
                  05/00/03
 Regulatory Flexibility Analysis
 Required: Undetermined
 Government Levels Affected: Federal,
 State, Local, Tribal
 Additional Information: SAN No. 4735
 Agency Contact: Robert Burchard,
 Environmental Protection Agency,
 Solid Waste and Emergency Response,
 5302W, Washington, DC 20460
 Phone: 703 308-8450
 Fax: 703 308-8433
 Email: burchard.robert@epa.gov
 RIN: 2050-AF01                    ;
3429. 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

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75286
Federal Register/Vol. 67, No. 236/Monday, December  9, Z002/Unified Agenda
EPA—Resource Conservation  and  Recovery Act  (RCRA)
                                                                         Proposed Rule  Stage
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
                 02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4534
Agency Contact: Sherri Walker,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2186
Fax: 202 566-2200
Email: walker.sherri@epa.gov

Dwight Hlustick, Environmental
Protection Agency, Office of the
Administrator, 5306W, Washington, DC
20460
Phone: 703 308-8647
Fax: 703 308-8686
                       Email: hlustick.dwight@epa.gov
                       RIN: 2090-AA25

                       3430. 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
                       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
Supplemental NPRM
Final Action
                 06/06/01  66 FR 30349
                 12/00/02
                 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184
Fax: 202 566-2200
Email: panetta.sandra@epa.gov

David Fagan, Environmental Protection
Agency, Office of the Administrator,
5301W, Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
RIN: 2090-AA29
 Environmental Protection Agency (EPA)
 Resource Conservation and Recovery  Act (RCRA)
                                                                               Final Rule Stage
3431. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Regulatory Plan: This entry is Seq. No.
142 in part II of this issue of the
Federal Register.
RIN: 2050-AE44

3432. 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 (CPG1, CPG2 and CPG3).
                        EPA has also issued a Recovered
                        Materials Advisory Notice (RMAN)
                        with each CPG which provides
                        recommendations on buying the
                        designated items. The E.O. requires
                        EPA to update the CPG every two
                        years. The newest action issues final
                        item designations in CPG4,
                                                                          Timetable:
Action
                   Date
                           FR Cite
                  06/08/98 63 FR 31214
Notice - Paper
  Products Recovered
  Materials Advisory
  Notice
Notice - Recovered
  Materials Advisory
  Notice I Update
NPRM (CPG3 and   08/26/98
  RMAN 3)
Notice Notice of     01/19/00
  Availability of Final
  Document
Final Action (CPG3   01/19/00
  and RMAN 3)
NPRM (CPG4 and   08/28/01
  RMAN 4)
Final-CPG4 (CPG4   12/00/02
  and RMAN 4)
NPRM-CPG5       03/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
                  06/08/98 63 FR 31217


                         63 FR 45558

                         65 FR 3082


                         65 FR 3069

                         66 FR 45256

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                Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified  Agenda
                                                                                       75287
  EPA—Resource  Conservation and Recovery Act (RCRA)
                                                                            Final Rule  Stage
 Government Levels Affected: Federal,
 State, Local
 Additional Information: SAN No. 3545
 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
 BIN: 2050-AE23


 3433. MANAGEMENT OF CEMENT
 KILN DUST (CKD)
 Regulatory Plan: This entry is Seq. No.
 141 in part n of this issue of the
 Federal Register.
 RIN: 2050-AE34


 3434. 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 plans to expressly allow
 residential lead-based paint waste to be
 disposed of in construction and
 demolition landfills. The rule would
 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
                                        Date     FR Cite
                     Withdraw Direct Final  12/28/01 66 FR 67108
                       Rule
                     Final Action         12/00/02
                     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: Paul Cassidy,
                     Environmental Protection Agency,
                     Solid Waste and Emergency Response,
                     5306W, Washington, DC 20460
                     Phone: 703 308-7281
                     Fax: 703 308-8686
                     Email: cassidy.paul@epa.gov
                     RIN: 2050-AE86
Action
                   Date
          FR Cite
NPRM
Direct Final Rule
10/23/01  66 FR 53566
10/23/01  66 FR 53535
 3435. 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 amends
 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 prohibits
 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 has promulgated 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 also proposed 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. If adverse
                                      comments are received, we will
                                      withdraw the final rule. The regulated
                                      entities are: (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
NPRM
Direct Final Rule
Withdrawal of Direct
Final Rule
Final Action
Date FR Cite
07/11/02 67 FR 45948
07/11/02 67 FR 4591 5
10/08/02 67 FR 62647
01/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: Federal,
 State, Local, Tribal
 Additional Information: SAN No. 4575
 Sectors Affected: 23 Construction;
 5622 Waste Treatment and Disposal;
 56221 Waste  Treatment and Disposal;
 562212 Solid Waste Landfill
 Agency Contact: Mary T. Moorcones,
 Environmental Protection Agency,
 Solid Waste and Emergency Response,
 5306W, Washington, DC 20460
 Phone: 540 338-1348
 Fax: 540 338-5547                    :
 Email: moorcones.mary@epa.gov
 RIN: 2050-AE91                     ,


 3436. RESEARCH, DEVELOPMENT,
 AND DEMONSTRATION  PERMITS FOR
 MUNICIPAL SOLID WASTI: 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

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75288
Federal  Register/Vol 67, No.  236/Monday, December 9,  2002/Unified Agenda
EPA—Resource Conservation  and  Recovery Act (RCRA)
                                                                              Final Rule Stage
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
NoDA- Request for
Information and
Data
NPRM
Final Action
Date FR Cite
04/06/00 65 FR 1801 4
06/10/02 67 FR 39662
07/00/03
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions

Government Levels Affected: State,
Local

Additional Information: SAN No. 4588

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
3437. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT

Regulatory Plan: This entry is Seq. No.
143 in part II of this issue of the
Federal Register.

RIN: 2050-AE50
                       3438. • LAND DISPOSAL
                       RESTRICTIONS; NATIONAL
                       TREATMENT VARIANCE FOR
                       RADIOACTIVELY CONTAMINATED
                       CADMIUM, MERCURY, AND SILVER
                       WASTE BATTERIES

                       Priority: Substantive, Nonsignificant

                       Legal Authority: Not Yet Determined

                       CFR Citation: 40 CFR 268; 40 CFR 278

                       Legal Deadline: None

                       Abstract: In response to a mlemaking
                       petition from the Department of Energy,
                       the United States Environmental
                       Protection Agency is  planning to grant
                       the requested national treatment
                       variance by designating new treatment
                       subcategories for radioactively
                       contaminated cadmium-, mercury-, and
                       silver-containing batteries. The current
                       treatment standards of thermal recovery
                       for cadmium batteries and of roasting
                       and retorting for mercury batteries are
                       technically inappropriate because any
                       recovered metals would likely contain
                       residual radioactive contamination and
                       be unusable. The current numerical
                       treatment standard for silver batteries
                       is also inappropriate because of the
                       potential increase in radiation exposure
                       to workers associated with manually
                       segregating silver-containing batteries
                       for the purpose of treatment.
                       Macroencapsulation in accordance with
                       the provisions of 40 CFR 268.45 is
                       proposed as the required treatment
                       prior to land disposal.

                       Timetable:
Action
NPRM
Direct Final Rule
NPRM Comment
Period End
Date FR Cite
10/07/02 67 FR 62626
10/07/02 67 FR 6261 8
11/06/02
                        Regulatory Flexibility Analysis
                        Required: No

                        Government Levels Affected: None

                        Additional Information: SAN No. 4731

                        Agency Contact: John Austin,
                        Environmental Protection Agency,
                        Solid Waste and Emergency Response,
                        5302W, Washington, DC 20460
                        Phone: 703 308-0436
                        Fax: 703 308-8433
                        Email: austin.john@epa.gov

                        RIN: 2050-AE99
3439. • E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(ECOS] partnership agreement that EPA
'Region 3 entered into with the six State
environmental agencies. As part of the
partnership agreement, the region
agreed to prepare a regional rule and
to expedite its promulgation by using
the direct final rulemaking process. By
using this  innovative approach to have
a regional  e-Cycling Pilot Project, EPA
Region 3 and the Mid-Atlantic States
(DE, DC, MD, PA, VA, WV) will be able
to provide additional information about
EPA's national proposed cathode ray
tube (CRT) exclusion from the
definition of solid waste (e.g., CRTs are
the video display components of
televisions and computer monitors).
The Regional e-Cycling Pilot Project
could serve as  a model for electronic
recycling nationwide,  and the States
believe that the recycling program will
function effectively as a result of this
regulatory flexibility.
Timetable:
                                                             Action
                                                                                Date     FR Cite
                                                             Direct Final Rule
                                                                              11/00/02
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: Federal,
 State, Local
 Additional Information: SAN No. 4701
 Sectors Affected: 56292 Materials
 Recovery Facilities; 56211 Waste
 Collection
 Agency Contact: Marie Holman,
 Environmental Protection Agency,
 Regional Office Philadelphia, 3EIOO,
 Washington, DC 20460
 Phone: 215 814-5463
 Fax: 215 814-2783
 Email: holman.marie@epa.gov

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               Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                  75289
 EPA—Resource Conservation  and Recovery Act (RCRA)
                                                       Final Rule  Stage
 Charles Rowland, Environmental
 Protection Agency, Regional Office
 Philadelphia, 3RCOO, Washington, DC
 20460
 Phone: 215 814-2645
 Fax: 215 814-2783

 RIN: 2003-AAOO


 3440. 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
06/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
Government Levels Affected: None

Additional Information: SAN No. 4439

Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184
Fax: 202 566-2200
Email: panetta.sandra@epa.gov

Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2177
Fax: 202 566-2211 .

Email: perla.donna@epa.gov

RIN: 2090-AA14
 Environmental Protection Agency (EPA)
 Resource Conservation and Recovery Act (RCRA)
                                                     Long-Term Actions
 3441. STANDARDS FOR THE
 MANAGEMENT OF COAL
 COMBUSTION WASTES GENERATED
 BY COMMERCIAL ELECTRIC POWER
 PRODUCERS
 Priority: Economically Significant
 Unfunded Mandates: This action may
 affect the private sector under PL 104-
 4.
 Legal Authority: 42 USC 6907(a)(3); 42
 USC 6944(a)
 CFR Citation: 40 CFR 257
 Legal Deadline: None
 Abstract: This action is for the
 development of proposed RCRA
 subtitle D regulations for the
 management of coal combustion wastes
 in landfills and surface impoundments
 that are generated by producers of
 electric power, including electric
 utilities and independent power
 producers. On April 25, 2000 EPA
 issued a regulatory determination for
 fossil fuel combustion wastes (65 FR
 32214, May 22, 2000). The purpose of
 the determination was to decide
 whether certain wastes from the
 combustion of fossil fuels (including
 coal, oil and natural gas) should remain
 exempt from subtitle C (management as
hazardous waste) of the Resource
Conservation and Recovery Act (RCRA)
for the coal, oil and natural gas
combustion wastes that were addressed.
The Agency's decision was to retain the
exemption from hazardous waste
 management for all of the fossil fuel
 combustion wastes. However, the
 Agency also determined and
 announced that waste management
 regulations under RCRA subtitle D
 (management as non-hazardous wastes)
 are appropriate for certain coal
 combustion wastes that are disposed in
 landfills and surface impoundments.
 The utility industry has made
 significant improvements in its waste
 management practices over recent
 years, and most state regulatory
 programs are similarly improving.
 Nevertheless,  public comments and
 other analyses have convinced the
 Agency that coal  combustion wastes
 could pose risks to human health and
 the environment if they are not
 properly managed. There is sufficient
 evidence that adequate controls may
 not be in place. For example, while
 most states can now require newer
 waste management units to include
 liners and groundwater monitoring, 62
 percent of existing utility surface
 impoundments do not have
 groundwater monitoring. In the
 Agency's view, this justifies the
 development of national regulations.
 We note, however, that some waste
 management units may not warrant
 liners and/or groundwater monitoring,
 depending on site-specific
 characteristics. The Agency is initiating
this action to develop and issue
appropriate waste management
regulations under Subtitle D of RCRA.
                   Timetable:
                   Action
                                      Date
                                              FR Cite
                   NPRM
                                    01/00/04
                   Regulatory Flexibility Analysis
                   Required: No
                   Small Entities Affected: No
                   Government Levels Affected: Federal,
                   State, Local, Tribal
                   Federalism: Undetermined
                   Additional Information: SAN No. 4470
                   Sectors Affected: 221112 Fossil Fuel
                   Electric Power Generation
                   Agency Contact: Dennis Ruddy,
                   Environmental Protection Agency,
                   Solid Waste and Emergency Response,
                   5306W, Washington, DC 20460
                   Phone: 703 308-8430
                   Fax: 703 308-8686
                   Email: ruddy.dennis@epa.gov
                   RIN:  2050-AE81


                   3442. STANDARDS FOR THE
                   MANAGEMENT OF COAL
                   COMBUSTION WASTES — NON-
                   POWER PRODUCERS AND
                   MINEFILLING
                   Priority: Economically Significant
                   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

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75290
Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002 / Unified Agenda
EPA—Resource  Conservation and Recovery Act (RCRA)
                                                                             Long-Term Actions
Legal Deadline: None
Abstract: EPA is developing a
proposed regulation 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 nonhazardous 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 nonutility
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
01/00/04
                        Regulatory Flexibility Analysis
                        Required: Undetermined
                        Small Entities Affected: Businesses
                        Government Levels Affected: Federal,
                        State, Local, Tribal
                        Federalism: Undetermined
                        Additional Information: SAN No. 4469
                        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


                        3443. 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
                    Final Action
                  05/22/01 66 FR 28240
                  12/00/03
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: Federal,
                    State
                    Additional Information: SAN No. 3147
                    Sectors Affected: 2111 Oil and Gas
                    Extraction; 2122 Metal Ore Mining;
                    2211 Electric Power Generation,
                    Transmission and Distribution;  3221
                    Pulp, Paper, and Paperboard Mills; 323
                    Printing and Related Support Activities;
                    325 Chemical Manufacturing; 326
                    Plastics and Rubber Products
                    Manufacturing; 331 Primary Metal
                    Manufacturing; 332 Fabricated Metal
                    Product Manufacturing; 482 Rail
                    Transportation; 483 Water
                    Transportation; 484 Truck
                    Transportation; 5621 Waste Collection;
                    5622 Waste Treatment and Disposal
                    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@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

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               Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                                   75291
 EPA—Resource  Conservation and Recovery Act (RCRA)
                                                                      Long-Term Actions
 3444. 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: Hone
 Abstract: The U.S. Environmental
 Protection Agency (EPA) is considering
 finalizing revisions to the RCRA
 hazardous regulations to exclude oil-
 bearing secondary materials, generated
 by the petroleum refining industry and
 others, from the definition of solid
 waste if the materials are destined to
 be processed in a gasification device
 manufacturing synthesis gas  fuel. We
 are considering this exclusion in order
 to clarify and simplify RCRA
 jurisdiction, and to be consistent with
 other comparable existing exclusions.
 EPA is also considering finalizing an
 exclusion for certain organic-containing
 materials that are gasified and are
 generated by industries other than
 petroleum refining.
 Timetable:
Action
Date
FR Cite
NPRM            03/25/02 67 FR 13683
Final Action        11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4411
Sectors Affected: 32411 Petroleum
Refineries
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  '
3445. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6921 RCRA
sec 3001

CFR Citation: 40 CFR 261

Legal Deadline: None

Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990,  EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's  concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays  in remedial action and
increases  in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses,  or
on State, local, or tribal governments.

Timetable:
                  Action
                                     Date
                                    FR Cite
                  NPRM
                  Final Action
                           02/12/93 58 FR 8504
                           12/00/04
                  Regulatory Flexibility Analysis
                  Required: No

                  Government Levels Affected:
                  Undetermined

                  Additional Information: SAN No. 3189

                  Agency Contact: Sammy Ng,
                  Environmental Protection Agency,
                  Solid Waste and Emergency Response,
                  5401G, Washington, DC 20460
                  Phone: 703 603-7166
                  Fax: 202 260-9163
                  Email: ng.sammy@epa.gov

                  RIN: 2050-AD69
 3446. 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 II -
                                                Deferred Wastes
                                              NPRM Dyes I - Land
                                                Disposal
                                                Restrictions
                                              NoDA Dyes I - See
                                                Additional
                                                Information.
                                                     .12/22/94 59 FR 66072
                                                     07/23/99 64 FR 40192

                                                       To Be Determined
                                                       To Be Determined

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75292
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—Resource Conservation and Recovery  Act (RCRA)
                                                                             Long-Term  Actions
Action
                   Date    FR Cite
NoDA'Dyes II - See
Additional
Information
Final Action Dyes 1 -
See Additional
Information
Final Action Dyes II -
To Be Determined
To Be Determined
To Be Determined
  (Deferred Wastes -
  See Additional
  Information
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3066
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  308-8462
Fax:  703 308-0522
Email: slotnick.sue@epa.gov
RIN: 2050-AD80


3447. 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 providing
a conditional exclusion from the
definition of solid waste for CRTs being
recycled. A CRT is the display
component of a  television or computer
monitor. A CRT is made largely of
specialized glasses, some of which
contain lead to protect the user from
                       X-rays inside the CRT. Due to the lead,
                       when they are disposed of or
                       reclaimed, some CRTs are hazardous
                       wastes under the Federal Resource
                       Conservation and Recovery Act (RCRA)
                       regulations. This rule will also
                       streamline RCRA requirements for
                       managing mercury-containing
                       equipment by adding such equipment
                       to the universal waste rule. This rule
                       is planned in response to a June 9,
                       1998 recommendation on CRT
                       recycling from the Common Sense
                       Initiative (CSI) Council to the
                       Environmental Protection Agency
                       (EPA), and in response to a petition
                       from the Utilities Solid Waste Activities
                       Group regarding mercury-containing
                       equipment. The goal of this action is
                       to improve management and encourage
                       recycling, thereby minimizing disposal
                       of lead, increasing resource recovery,
                       and enhancing protection of human
                       health and the environment.
                       Timetable:
                       Action
 Date     FR Cite
                       NPRM
                       Final Action
06/12/02  67 FR 40507
05/00/04
                       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


                       3448. 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
                    NPRM
                    NPRM
                    Notice of Data
                      Availability
                    Final Action
07/01/91  56 FR 30201
10/12/94  59 FR 51523
12/00/03

03/00/05
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: Businesses
                    Government Levels Affected: Federal,
                    State
                    Additional Information: SAN No. 2647
                    Sectors Affected: 323110 Commercial
                    Lithographic Printing; 323114 Quick
                    Printing; 325131 Inorganic Dye and
                    Pigment Manufacturing; 325188 All
                    Other Basic Inorganic Chemical
                    Manufacturing; 325998 All Other
                    Miscellaneous Chemical Product
                    Manufacturing; 331311 Alumina
                    Refining; 325211 Plastics Material and
                    Resin Manufacturing; 32551 Paint and
                    Coating Manufacturing; 32511
                    Petrochemical Manufacturing; 32512
                    Industrial Gas Manufacturing; 325188
                    All Other Basic Inorganic Chemical
                    Manufacturing; 325193 Ethyl Alcohol
                    Manufacturing; 325199 All Other Basic
                    Organic Chemical Manufacturing;
                    325998 All Other Miscellaneous
                    Chemical Product Manufacturing;
                    311942 Spice and Extract
                    Manufacturing; 32411 Petroleum
                    Refineries; 332813 Electroplating,
                    Plating, Polishing, Anodizing and

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              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
                                                                  75293
EPA—Resource Conservation and Recovery Act (RCRA)
                                                     Long-Term  Actions
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
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.date@epa.gov

RIN: 2050-AC71
3449. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088) AND
REGULATORY CLASSIFICATION OF
K088 VITRIFICATION UNITS

Priority: Other Significant

Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924

CFR Citation: 40 CFR 268; 40 CFR 271

Legal Deadline: None

Abstract: On July 20, 2000, EPA
proposed revised treatment standards
for K088 wastes. Specifically, the
Agency proposed to lower the cyanide
treatment standard and reinstate a
treatment standard for fluoride
nonwastewaters based on a deionized
water leach test. Comments to the
proposed rule were significant and
suggest that there are  significant
treatment issues yet to be resolved for
K088 waste. The Agency needs to
further assess the treatment universe for
K038 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
 10/00/04
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

Rick Brandes, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov
RIN: 2050-AE65
3450. 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
                      Fasttrack
                    Final Action Cement   09/30/99 64 FR 52828
                      Kilns & LWAKs &
                      Incinerators (Final-
                      Phase I)
                    NoDA NESHAPS     07/27/00 65 FR 39581
                      Standards for HAPs
                      Boilers & Industrial
                      Furnaces
                    NPRM Boilers & Other' 12/00/03
                      Industrial Furnaces
                      (Phased)
                    Regulatory Flexibility Analysis
                    Required: No
                    Government Levels Affected: Federal,
                    State
                    Additional Information: SAN No. 3333
                    Sectors Affected: 2123 Non-Metallic
                    Mineral Mining and Quarrying; 2211
                    Electric Power Generation,
                    Transmission and Distribution; 22132
                    Sewage Treatment Facilities; 3241
                    Petroleum and Coal Products
                    Manufacturing; 3271 Clay Product and
                    Refractory Manufacturing; 3231       !
                    Printing and Related Support Activities;
                    3251 Basic Chemical Manufacturing;
                    3252 Resin, Synthetic Rubber, and
                    Artificial and Synthetic Fibers and
                    Filaments Manufacturing; 3253
                    Pesticide, Fertilizer and Other
                    Agricultural Chemical Manufacturing;
                    3254 Pharmaceutical and Medicine
                    Manufacturing; 3255 Paint,  Coating,
                    Adhesive, and  Sealant Manufacturing;
                    3259 Other Chemical Product
                    Manufacturing; 3271 Clay Product and
                    Refractory Manufacturing; 3273 Cement
                    and Concrete Product Manufacturing;
                    3274 Lime, Gypsum and Gypsum
                    Product Manufacturing; 3279 Other
                    Nonmetallic Mineral Product
                    Manufacturing; 3327 Machine Shops,
                    Turned Product, and Screw, Nut and
                    Bolt Manufacturing; 3328 Coating,
                    Engraving, Heat Treating and Allied
                    Activities; 3329 Other Fabricated Metal
                    Product Manufacturing; 3332 Industrial
                    Machinery Manufacturing; 33351
                    Metalworking Machinery
                    Manufacturing; 3339 Other  General
                    Purpose Machinery Manufacturing;

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75294
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
EPA—Resource  Conservation and Recovery Act  (RCRA)
                                                                            Long-Term  Actions
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


3451. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: 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, 2001 (66 FR
                       35126). A final rule changed and
                       clarified a subset of the proposed
                       amendments to the final Phase 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 plans
                       to promulgate final replacement
                       standards to replace the interim
                       standards promulgated on February 13,
                       2002.
                       Timetable:
                       Action
  Date
  FR Cite
                       Final - MACT
                         Fasttrack
                       Final - Cement Kilns &
                         LWAKs &
                         Incinerators (Final-
                         Phase I)
                       Direct Final Rule -
                         Phase 1
                         Amendments
                       Parallel Proposal to
                         Direct Final Rule
                       NPRM-Phase1 Phase
                         I Amendments
                       Direct Final Rule -
                         Partial Denial
                       Final (Good Cause) -
                         Emergency
                         Extension of
                         Compliance Date
                       Final Action -
                         Extension for
                         Compliance
                       Interim Final
                         Standards for Phase
                         1 Amendments
                         Final rule (Good
                         Cause)
                       Final Rule Standards
                         forHAPsforHW
                         Combustors - Phase
                         1 Amendments
                       NPRM
06/19/98

09/30/99
63 FR 33782

64 FR 52828
07/03/01  66 FR 35087
07/03/01

07/03/01

10/15/01

11/29/01



12/06/01


02/13/02
66 FR 35124

66 FR 35126

66 FR 52361

66 FR 63313



66 FR 63313


67 FR 6791
02/14/02  67 FR 6967
12/00/03
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: No
                       Government Levels Affected: Federal,
                       State
                       Federalism: Undetermined
 Additional Information: SAN No. 4418,

 Sectors Affected: 2123 Non-Metallic
 Mineral Mining and Quarrying; 2211
 Electric Power Generation,
 Transmission and Distribution; 22132
 Sewage Treatment Facilities; 3241
 Petroleum and Coal Products
 Manufacturing; 3271 Clay Product and
 Refractory Manufacturing; 3231
 Printing and Related Support Activities;
 3251 Basic Chemical Manufacturing;
 3252 Resin, Synthetic Rubber, and
 Artificial and Synthetic Fibers and
 Filaments Manufacturing; 3253
 Pesticide, Fertilizer and Other
 Agricultural Chemical Manufacturing;
 3254 Pharmaceutical and Medicine
'Manufacturing; 3255 Paint, Coating,
 Adhesive, and Sealant Manufacturing;
 3259 Other Chemical Product
 Manufacturing; 3271 Clay Product and
 Refractory Manufacturing; 3273 Cement
 and Concrete Product Manufacturing;
 3274 Lime, Gypsum and Gypsum
 Product Manufacturing; 3279 Other
 Nonmetallic Mineral Product
 Manufacturing; 3327 Machine Shops,
 Turned Product, and Screw, Nut and
 Bolt Manufacturing; 3328 Coating,
 Engraving, Heat Treating and Allied
 Activities; 3332 Industrial Machinery
 Manufacturing; 33351 Metalworking
 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;
 45431 Fuel Dealers

 Agency Contact: Rhonda Minnick,
 Environmental Protection Agency,
 Solid Waste and Emergency Response,
 5302W, Washington, DC 20460
 Phone: 703 308-8771
 Fax: 703 308-8433
 Email: minnick.rhonda@epa.gov

 RIN: 2050-AE79

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              Federal Register/Vol.  67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                               75295
Environmental Protection Agency (EPA)
Resource Conservation and  Recovery Act (RCRA)
                                                  Completed Actions
3452. 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 16262
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
Email:
chaudhari.narendra@epamail.epa.gov
RIN: 2050-AE32


3453. REQUIREMENTS FOR ZINC
FERTILIZER MADE FROM RECYCLED
HAZARDOUS SECONDARY
MATERIALS
Priority: Otiier Significant
CFR Citation: 40 CFR 261; 40 CFR 266;
40 CFR 268; 40 CFR 271
Completed:
Reason
                  Date
         FR Cite
Final Action         07/24/02 67 FR 48393
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Dave Fagan
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
RIN: 2050-AE69
                   3454. PROJECT XL SITE-SPECIFIC
                   RULEMAKING FOR IMPLEMENTING
                   WASTE TREATMENT SYSTEMS AT
                   TWO VIRGINIA LANDFILLS

                   Priority: Substantive, Nonsignificant

                   CFR Citation: 40 CFR Part 258

                   Completed:
                   Reason
                                     Date
                          FR Cite
Final Action         07/18/02 67 FR 47310

Regulatory Flexibility Analysis
Required: No

Government Levels Affected: State

Agency Contact: Douglas Heimlich
Phone: 202 566-2234
Fax: 202 566-2210 '•
Email: heimlich.douglas@epa.gov

Dwight Hlustick
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov

RIN: 2090-AA30
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
                                                  Completed Actions
3455. OIL POLLUTION PREVENTION
REGULATION: REVISIONS

Priority: Other Significant

CFR Citation: 40 CFR 112
Completed:
Reason
                  Date
         FR Cite
Final Action
07/17/02 67 FR 47042
                                   Regulatory Flexibility Analysis
                                   Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Hugo Fleischman
Phone: 703 603-8769
Fax: 703 603-9116
Email: fleischman.hugo
RIN: 2050-AC62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
                                                Proposed Rule Stage
3456. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA 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) until EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA, in this action,
will propose RQ adjustments for the
carbamates. Most RQ adjustments are
expected to be greater than one pound.
Raising the RQs for these substances
would decrease the burden on 1) the
                   regulated community for complying
                   with the reporting requirements under
                   CERCLA and EPCRA; 2) Federal, State,
                   and local authorities for program
                   implementation; and 3) Federal, State,
                   or local authorities, if they release    ;
                   hazardous substances at the RQ level
                   or greater.

                   In addition, we are seeking to propose
                   an RQ adjustment for the inorganic
                   chemical manufacturing process waste
                   (K178) that was proposed for listing on
                   9/14/00 (65 FR 55684).

                   Timetable:
                   Action
                                     Date
                          FR Cite
                   NPRM
                                   03/00/03

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 75296
Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
 EPA—Comprehensive  Environmental Response, Compensation  and  Liability Act    Proposed  Rule Stage
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
 Government Levels Affected: None
 Additional Information: SAN No. 3423
 Agency Contact: Frank Avvisato,
 Environmental Protection Agency,
 Solid Waste and Emergency Response,
 5204G, Washington, DC 20460
 Phone: 703 603-8949
 Fax: 703 603-9100
 Email: awisato.frank@epa.gov

 Lynn Beasley, Environmental
 Protection Agency, Solid Waste and
 Emergency Response, 5204G,
 Washington, DC 20460
 Phone: 703  603-9086
 Fax: 703 603-9104
 Email: beasley.lynn@epa.gov
 RIN: 2050-AE12


 3457. • CORRECTION OF ERRORS
 AND ADJUSTMENT OF CERCLA
 REPORTABLE QUANTITIES
 Priority: Other Significant
 Legal Authority: 42 USC 9602-9603
 CFR Citation: 40 CFR 302 (Revision)
 Legal Deadline: None
 Abstract: The Agency is considering
 proposing corrections and other
 changes to 40 CFR 302.4, the
 Designation of Hazardous Substances.
 The proposal may include the
 correction of entries for individual
 substances, entries for F- and K-waste
 streams and entries in appendix A of
 40 CFR 302.4. Other aspects of the
 proposal may include additional
 substances as entries in table  302.4,
 appendix A to section 302.4, and the
 table in section 302.6(b)(iii); removal of
 other entries from these lists;  and
 amendments to certain footnotes that
 explain entries in table 302.4.
 Timetable:
Action
                   Date     FR Cite
NPRM
                  03/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737
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-AF03


                       3458. • STANDARDS AND PRACTICES
                       FOR CONDUCTING "ALL
                       APPROPRIATE INQUIRY"
                       Priority: Other Significant
                       Legal Authority: 42 USC 9607
                       CFR Citation: 40 CFR 312
                       Legal Deadline: Final, Statutory,
                       January 11, 2004, Small Business
                       Liability Protection Act section 223,
                       CERCLA 101(35)(B)(2)(ii).
                       Abstract: The Small Business Liability
                       Relief and Brownfields Revitalization
                       Act amends CERCLA 101(35)(B) and
                       includes new provisions regarding the
                       innocent landowner defense. As part of
                       these provisions, the Act addresses the
                       need to conduct "all appropriate
                       inquiry" to establish that the property
                       owner had no reason to know of any
                       contamination at the property when it
                       is acquired. In the Act, Congress
                       directed EPA to develop regulations
                       establishing standards and practices for
                       conducting "all appropriate inquiry."
                       Section 101(35)(B)(2Xiii) of the Act
                       includes criteria that EPA is to include
                       in setting these standards and practices.
                       This regulation will establish the
                       Federal standards for conducting "all
                       appropriate inquiry," pursuant to the
                       Act.
                       Timetable:
                      Action
                                         Date    FR Cite
                      NPRM
                                        03/00/03
                      Regulatory Flexibility Analysis
                      Required: Undetermined
                      Government Levels Affected: State,
                      Local, Tribal
                      Additional Information: SAN No. 4739
                      Agency Contact: Patricia Overmeyer,
                      Environmental Protection Agency,
                      Solid Waste and Emergency Response,
                      5105T, Washington, DC 20460
                      Phone: 202 566-2774
                      Fax: 202 566-2757
                      Email: overmeyer.patricia@epa.gov

                      Helen Keplinger, Environmental
                      Protection Agency,  Solid Waste and
                      Emergency Response, 2272A
                      Phone: 202 564-4221
                      Fax: 202 229-3954
                      Email: keplinger.helen@epa.gov
                      RIN: 2050-AF04
 3459. • CLARIFICATION TO INTERIM
 STANDARDS AND PRACTICES FOR
 ALL APPROPRIATE INQUIRY UNDER
 CERCLA AND NOTICE OF FUTURE
 RULEMAKING ACTION
 Priority: Substantive, Nonsignificant
 Legal Authority: 42 USC 9601(35)
 CFR Citation: 40 CFR 312
 Legal Deadline: None
 Abstract: EPA is pursuing a rule to
 explain and clarify a provision
 included in recent amendments to the
 Comprehensive Environmental
 Response, Compensation, and Liability
 Act (CERCLA). EPA plans to addresses
 certain  interim standards established in
 the Small Business Liability Relief and
 Brownfields Revitalization Act (the
 •Brownfields Act) for conducting "all
 appropriate inquiry," to establish
 exemptions from liability under
 CERCLA or establish that a landowner
 had no  reason to know of
 contamination at a property under
 CERCLA liability provisions prior to
 purchasing the property. The
 Brownfields Act provides clarification
 of provisions related to CERCLA
 liability for certain parties including
 contiguous property owners,
 prospective purchasers, and innocent
 landowners. Among the requirements
 added to CERCLA is the requirement
 that such parties undertake "all
 appropriate inquiry" into prior
 ownership and use of certain property.
 Under the Brownfields Act, Congress
 provided an interim standard for
 conducting all appropriate inquiry, the
 American Society for Testing and
 Materials (ASTM) standard known as
 Standard El 5 2 7-9 7 (entitled Standard
 Practice for Environmental Site
 Assessment: Phase  1 Environmental
 Site Assessment Process). This interim
 standard applies  to properties
 purchased after May 31, 1997, until
 EPA promulgates regulations
 establishing standards and practices for
 conducting all appropriate inquiry. The
 rule will clarify the interim
 requirements for  conducting "all
 appropriate inquiry" in the case of
 property purchased on or after May 31,
 1997, and the conduct of such activities
 to establish an innocent landowner
 defense.
Timetable:
Action
                   Date
                           FR Cite
NPRM
Direct Final Rule
11/00/02
11/00/02

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              Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/Unified Agenda
                                                                 75297
EPA—Comprehensive Environmental  Response, Compensation  and  Liability  Act   Proposed Rule  Stage
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4740
Agency Contact: Patricia Overmeyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460       :
Phone: 202 566-2774
Fax: 202 566-2757
Email: overm.eyer.patricia@epa.gov   :
RIN: 2050-AF05

3460. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O is
the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian tribes, and
territories of the United States. Subpart
O covers State-lead, site-specific
cooperative agreements for non-time-
critical removal, preremedial, remedial,
and enforcement actions, and site-
specific management assistance for
federal-lead projects. Also covered by
subpart O are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
contracts, financial administration,
property, procurement, reporting,
recordkeeping, and closeout are
provided in subpart O.

Subpart O was promulgated 6/5/1990,
and became effective on 7/5/1990.
Many changes in the Superfund
program have occurred over the past
almost ten years and these need to be
reflected in subpart O. The six
categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in  1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for fiscal year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
40 CFR part 31.  These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to  certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements).
EPA expects to institutionalize the
combining of CA types, create more   '.
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and other policy advances in
State/tribal/EPA interaction.
Timetable:
Action
                   Date     FR Cite
NPRM            03/00/03
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: 703 603-88,33
Fax: 703 603-9104:
Email:          :
caldwell.stephen@epamail.epa.gov

RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental  Response, Compensation and Liability Act
                                                    Long-Term Actions
3461. 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
Action
NPRM 24
Final Action 20
NPRM 25
Final Action 21
Final Action (Tex-Tin
Corp)
NPRM 26
Final Action 22
NPRM 27
Final Action 23
Date FR Cite
03/06/98 63 FR 11 340
03/06/98 63 FR 11 332
07/28/98 63 FR 40247
07/28/98 63 FR 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
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
Alabama/Malone
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 51 567


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 75298
Federal Register/Vol. 67,  No. 236/Monday, December 9,  2002/Unified Agenda
 EPA—Comprehensive Environmental Response, Compensation and Liability Act     Long-Term Actions
 Action
                   Date    FR Cite
NPRM34
Final Action 30
NPRM 35
NPRM 36
Final Action 31
NPRM 37
Final Action 32
NPRM
NPRM
Final Rule
12/01/00 65 FR 75215
12/01/00 65 FR 751 79
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
09/05/02 67 FR 56794
09/05/02 67 FR 56757
 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, 5204.G, Washington, DC
 20460
 Phone: 703 603-8852
 Fax: 703 603-9104
 Email: keidan.terry@epa.gov
 RIN: 2050-AD75

 3462. 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 denned 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
           3463. • ADMINISTRATIVE REPORTING
           EXEMPTION FOR CERTAIN AIR
           RELEASES OF NOX

           Priority: Other Significant

           Legal Authority: 42 USC 9603

           CFR Citation: 40 CFR 302.6(c)

           Legal Deadline: None

           Abstract: The Agency is considering
           proposing to administratively exempt
           from reporting requirements the
           releases of certain NOx  emissions to
           air. This would eliminate  reports from
           facilities emitting NOx where the  .
           Agency has determined that the
           releases pose little or no risk or to
           which a Federal response  is infeasible
           or inappropriate. Requiring reports of
           such releases would serve little or no
           useful purpose and could, instead,
           impose a significant burden on the
           Federal response system and on the
           persons responsible for notifying the
           Federal government of the release.

           Timetable:
          Action
                             Date
                           FR Cite
                                                           NPRM
                                                                              To Be  Determined
          Regulatory Flexibility Analysis
          Required: Undetermined

          Government Levels Affected:
          Undetermined

          Federalism: Undetermined

          Additional Information: SAN No. 4736

          Agency Contact: Lynn Beasley,
          Environmental Protection Agency,
          Solid Waste and Emergency Response,
          5204G, Washington, DC 20460
          Phone: 703 603-9086
          Fax: 703 603-9104
          Email: beasley.lynn@epa.gov

          RIN: 2050-AF02
Environmental Protection  Agency (EPA)
Comprehensive  Environmental Response, Compensation and Liability Act
                                                                          Completed Actions
3464. CORRECT TYPOGRAPHICAL
ERRORS AND REMOVE OBSOLETE
LANGUAGE IN 40 CFR PART 302

Priority: Info./Admin./Other

CFR Citation: 40 CFR 302 (Revision)
                      Completed:
                      Reason
                                        Date
FR Cite
                      NPRM            07/09/02  67 FR 45440
                      Direct Final Rule     07/09/02  67 FR 45314
                      Regulatory Flexibility Analysis
                      Required: No
Government Levels Affected: None

Agency Contact: Lynn Beasley
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov

RIN: 2050-AE88

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              Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                 75299
Environmental  Protection Agency (EPA)
Clean Water Act (CWA)
                                                          Pirerule Stage
3465. CLEAN WATER ACT DEFINITION
OF WATERS OF THE UNITED STATES
Regulatory Plan: This entry is Seq. No.
118 in part II of this issue of the
Federal Register.
RIN: 2040-AB74
Environmental  Protection Agency (EPA)
Clean Water Act (CWA)
                                                  Proposed Rule Stage
3466. 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 suhpart 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 he used in carrying out the  NCP.
Under suhpart 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  sub-part 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            04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
Other Chemical Product Manufacturing;
325 Chemical Manufacturing; 3251
Basic Chemical Manufacturing
Agency Contact: William Nick
Nichols, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5203G, Washington, DC
20460
Phone: 703 603-9918
Fax: 703 603-9116
Email: nichols.nick@epa.gov

David Lopez, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5203G, Washington, DC
20460
Phone: 703 603-8707
Fax: 703 603-9116
Email: lopez.david@epa.gov
RIN: 2050-AE87


3467. 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 15, 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
states' water quality standards. EPA is
developing a proposed rule to
determine the appropriate use
designations for seven waterbodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action
 Date
                           FR Cite
NPRM
Final Action
11/00/02
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagner,
Environmental Protection Agency,
Water, Region04, Atlanta, GA 30303   L
Phone: 404  562-9267

Jim Keating, Environmental Protection
Agency, Water, 4305T, Washington, DC
20460
Phone: 202  566-0383
Fax: 202 566-0409
Email: keating.jim@epa.gov
RIN: 2040-AD35


3468.  TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant   ;
Legal Authority: 33 USC 1314(h); 33
USC 1361(a)
CFR Citation: 40 CFR 136; 40 CFR 503
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR

-------
75300
Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                          Proposed Rule Stage
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
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09


3469.  TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN  WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(h);  CWA
501(a); 33 USC 1314(h); 33 USC 1361(a)
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             06/00/03
Final Action         06/00/04
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
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD52


3470. 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); 33
USC 1361(a); 42 USC  300f; 42 USC 300)
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,
the Safe Drinking Water Act (SDWA).
The current method detection limit
(MDL) procedure is set forth at 40 CFR
part 136, appendix B. EPA has not
promulgated a generic procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program and the practical
quantitation level (PQL) in its drinking
water program. The ML is defined in
analytical methods and is generally set
at 3.18 times the MDL. The PQL is
generally set at five to ten times the
MDL. The Office of Water has been
working to revise and refine these
concepts  in response to the need to
regulate pollutants at low levels (often
levels that are lower than measurement
capabilities will allow) and to address
other potential approaches to detection
and quantification, including concepts
being introduced by outside
organizations such as voluntary
consensus standards bodies (VCSBs).
The rulemaking would also reevaluate
the current MDL and quantification
approaches and assess alternative
approaches.
Timetable:
Action
NPRM
Final Action
Date
02/00/03
09/00/04
FR Cite

                                                             Regulatory Flexibility Analysis
                                                             Required: No

                                                             Small Entities 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
                                                             Phone: 202 566-1005
                                                             Fax: 202 566-1053
                                                             Email: gomez-taylor.maria@epa.gov

                                                             RIN: 2040-AD53

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               Federal Register/Vol. 67, No.  236/Monday,  December 9, 2002/Unified Agenda
                                                                                   75301
 EPA—Clean Water Act (CWA)
                                                                    Proposed Rule Stage
 3471. 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 I3l4[h);  33
 USG 1361(a); 42 USC 300f; 42 USC
 300g-l; 42 USC 300J-4-; 42 USC 300j-
 9(a)
 CFR Citation: 40 CFR 136
 Legal Deadline: None
 Abstract:  This regulatory action would
 amend the "Guidelines Establishing
 Test Procedures for the Analysis of
 Pollutants" under 40 CFR Parts 136 and
 141 to approve new and updated EPA
 methods for wastewater, ambient water
 quality, and drinking water, including
 new and updated versions of methods
 from voluntary consensus standards
 bodies  and other organizations. These
 methods are used to comply with
 monitoring requirements in the
 wastewater, ambient water quality
 and/or drinking water programs, as
 authorized under the Clean Water Act
 (CWA) and Safe Drinking Water Act.
 This regulation would propose new
 methods for metals  such as Method
 1638 (which utilizes ICP/MS), new
 methods for chemical pollutants (e.g.,
 Method 245.7), and updated methods
 for chemical and biological pollutants
 (e.g., Methods 625 and 1625), including
 methods from voluntary consensus
 standards bodies (VCSBs), and from
 other external organizations. The new
 and updated methods include methods
 from organizations such as the
 American  Society for Testing and
 Materials (ASTM), Standard Methods,
 Association of Official Analytical
 Methods-International, and U.S.
 Geological Survey.
 Timetable:
Action
Date
FR Cite
NPRM            06/00/03
Final Action        06/00/04
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
 Phone: 202 566-1005
 Fax: 202 566-1053
 Email: gomez-taylor.maria@epa.gov
 RIN: 2040-AD71


 3472. MINIMIZING ADVERSE
 ENVIRONMENTAL IMPACT FROM
 COOLING WATER INTAKE
 STRUCTURES AT EXISTING
 FACILITIES UNDER  SECTION 316(B)
 OF THE CLEAN WATER ACT, PHASE
 3
 Regulatory Plan: This entry is Seq. No.
 136 in part II of this  issue of the
 Federal Register.
 RIN: 2040-AD70


 3473. NPDES PERMIT
 REQUIREMENTS FOR MUNICIPAL
 SANITARY AND COMBINED SEWER
 COLLECTION SYSTEMS, MUNICIPAL
 SATELLITE COLLECTION SYSTEMS,
 SANITARY SEWER OVERFLOWS, AND
 PEAK EXCESS FLOW TREATMENT
 FACILITIES
 Regulatory Plan: This entry is Seq. No.
 133 in part n of this issue of the
 Federal Register.
 RIN: 2040-AD02


 3474. OCEAN DISCHARGES CRITERIA
 REVISIONS
 Priority: Other Significant
 Legal Authority: 33 USC 1343 et seq
 CFR Citation: 40  CFR I25.121(a); 40
 CFR 125.121(e); 40 CFR  125.122; 40
 CFR 125.123; 40 CFR 125.124
 Legal Deadline: None
 Abstract: EPA is proposing to modify
 the existing regulations implementing
 the ocean protection provisions of
 section 403 of the Clean  Water Act. A
 key element of the proposed rule would
 provide for establishment of baseline
 water quality standards for ocean
 waters beyond three miles offshore.
 These waters, designated "Healthy
 Ocean Waters," would be protected by
 both a narrative statement of desired
 quality and pollutant-specific numeric
 criteria. The proposed rule also would
 strengthen the requirements for a
permit to discharge to any ocean
waters, and would create a process for
                                                       establishing Special Ocean Sites
                                                       (SOSs), which are areas within ocean
                                                       waters that are of outstanding value,
                                                       where new and significantly expanded
                                                       discharges would be prohibited. The
                                                       proposed rule will enhance the
                                                       protection of the ocean environment
                                                       and meet the goals of the Executive
                                                       Order on Marine Protected Areas (E.O.
                                                       13158).
                                                       Timetable:	
                                                       Action             Date     FR Cite
                                                       NPRM
                                                       Final Action
                                                                07/00/03
                                                                04/00/04
                                                       Regulatory Flexibility Analysis
                                                       Required: No
                                                       Small Entities Affected: Businesses,
                                                       Governmental Jurisdictions
                                                       Government Levels Affected: Federal,
                                                       State, Tribal
                                                       Additional Information: SAN No. 4446
                                                       Sectors Affected: 21111 Oil and Gas
                                                       Extraction; 22132 Sewage Treatment
                                                       Facilities; 221111 Hydroelectric Power
                                                       Generation; 221112 Fossil Fuel Electric
                                                       Power Generation; 42271 Petroleum
                                                       Bulk Stations and Terminals; 325412
                                                       Pharmaceutical Preparation
                                                       Manufacturing; 311711 Seafood
                                                       Canning
                                                       Agency Contact: David Redford,
                                                       Environmental Protection Agency,
                                                       Water, 4504T, Washington, DC 20460
                                                       Phone: 202 566-1288
                                                       Fax: 202  566-1546

                                                       James Woodley, Environmental
                                                       Protection Agency, Water, 4504T,
                                                       4504T, Washington, DC 20460
                                                       Phone: 202 566-1287
                                                       Fax: 202  566-1546 '
                                                       Email: woodley.james@epa.gov
                                                       RIN: 2040-AD60  !
3475. WATERSHED RULE: TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Regulatory Plan: This entry is Seq. No.
137 in part II of this issue of the
Federal Register.
RIN: 2040-AD82


3476. • WITHDRAWAL OF TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Regulatory Plan: This entry is Seq. No.
138 in part II of this issue of the
Federal Register.  '
RIN: 2040-AD84

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75302
Federal Register/Vol.  67, No. 236/Monday, December  9, 200 2/Unified Agenda
EPA—Clean Water Act (CWA)
                                                                        Proposed Rule Stage
3477. • NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR
MUNICIPAL WASTEWATER
TREATMENT DURING WET WEATHER
CONDITIONS
Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 122.41(m)

Legal Deadline: None
Abstract: During periods  of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase. Significant
increases in wastewater flow caused by
wet weather conditions can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency  or damage
                       treatment units. In addition to
                       hydraulic concerns, wastewater
                       associated with peak flows may have
                       low organic strength, which can also
                       decrease treatment efficiencies. EPA
                       plans to clarify NPDES requirements for
                       municipal sewage treatment plants
                       regarding treatment of peak flows
                       generated during wet weather
                       conditions. This action would provide
                       principles under which peak wet
                       weather discharges from POTWs that
                       consist of effluent routed around
                       biological treatment units blended.
                       together with the effluent from the
                       biological units prior to discharge  can
                       be authorized in an NPDES permit.
                       Timetable:
                       Action
                                         Date
                                                 FR Cite
                       NPRM
                                        03/00/03
                       Regulatory Flexibility Analysis
                       Required: No
                   Small Entities Affected: Governmental
                   Jurisdictions
                   Government Levels Affected: Federal,
                   State                           '  '
                   Federalism: Undetermined
                   Additional Information: SAN No. 4690
                   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

                   Ross Brennan, Environmental
                   Protection Agency, Water, 4203, 4203M
                   Phone: 202 564-0723
                   Fax: 202 564-6392
                   Email: brennan.ross@epamail.epa.gov
                   RIN: 2040-AD87
Environmental  Protection  Agency (EPA)
Clean Water  Act (CWA)
                                                                             Final  Rule Stage
3478. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Regulatory Plan: This entry is Seq. No.
145 in part II of this issue of the
Federal Register.

RIN: 2040-AB79
3479. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REGULATION AND
EFFLUENT GUIDELINES AND
STANDARDS FOR CONCENTRATED
ANIMAL FEEDING OPERATIONS
(CAFOS)
Regulatory Plan: This entry is Seq. No.
146 in part II of this issue of the
Federal Register.

RIN: 2040-AD19


3480. TEST PROCEDURES FOR
ANALYSIS FOR BIOLOGICAL
CONTAMINANTS UNDER CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 13l4(h) CWA
304(h); 33 USC 1361 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 EPA Method 1622 and to
                       approve microbiological methods for
                       monitoring ambient water for the
                       detection of Cryptqsporidium, 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 approve test
                       procedures to be available for use by
                       testing laboratories.
                       Timetable:
                       Action
                                         Date
                                                 FR Cite
                       NPRM
                       Final Action
08/30/01 66 FR 45811
01/00/03
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: Businesses,
                       Governmental Jurisdictions,
                       Organizations
                       Government Levels Affected: Federal,
                       State, Local, Tribal
Additional Information: SAN No. 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
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08


3481.  TEST PROCEDURES: CLEAN
WATER ACT AND SAFE DRINKING
WATER ACT METHODS UPDATE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); 33
USC 1361(a); 42 USC 300 g-1; 42 USC
300f(l); 42 USC 300J-4; 42 USC 300J-
9(a)
CFR Citation: 40 CFR 136; 40. CFR 141;
40 CFR 143
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136,
National Primary Drinking Water
Regulations under 40 CFR part 141, and

-------
               Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
                                                                                     75303
 EPA—Clean Water  Act (CWA)
                                                                          Final Rule Stage
 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 November
 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 Rnal Rule
 Final Action         11/00/02

 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 Ditthavong, Environmental
 Protection Agency, Water, 4303T,
 Washington, DC 20460
Phone: 202 566-1068
 Fax: 202 566-1053
Email: ditthavong.khouane@epa.gov

RIN: 2040-AD59
 3482. TEST PROCEDURES FOR THE
 ANALYSIS OF MERCURY UNDER THE
 CLEAN WATER ACT (REVISIONS TO
 METHOD 1631)
 Priority: Substantive, Nonsignificant
 Legal Authority: 33 USC I314(h); 33
 USC 1361(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 action 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 06/18/01 66 FR 32774
                    Correction
                  NPRM             10/09/01 66 FR 51518
                  Final Action         11/00/02
                  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

                  Khouane Ditthavong, Environmental
                  Protection Agency, Water, 4303T,
                  Washington, DC 20460
                  Phone: 202  566-1068
 Fax:202566-1053
 Email: ditthavong.khouane@epa.gov
 RIN: 2040-AD72


 3483. RULE TO REVISE AND TO
 RATIFY OR WITHDRAW WHOLE
 EFFLUENT TOXICITY TEST METHODS
 Priority: Substantive, Nonsignificant
 Legal Authority: 33 USC 1314(h); 33
 USC 1361(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
 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 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 action 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.
Timetable:
                                     Action
                                                        Date
                                                                FR Cite
                                     NPRM
                                     Final Action
                 09/28/01 66 FR 49794
                 11/00/02
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: Federal,
                                     State, Local, Tribal
                                     Additional Information: SAN No. 4514

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75304
Federal  Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified  Agenda
EPA—Clean Water Act (CWA)
                                                                               Final  Rule Stage
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
BIN: 2040-AD73


3484.  MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Regulatory Plan: This entry is Seq. No.
147 in part II of this issue of the
Federal Register.

RIN: 2040-AD62


3485.  COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344CWA sec
404
CFR Citation: 40 CFR 230
Legal Deadline: None
Abstract: This action would revise the
testing provisions of the Clean Water
Act section 404(b)(l) Guidelines to
provide for comparisons between
dredged material proposed for
discharge and reference sediment.
Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
currently employs a reference sediment
approach. This action is not expected
to have a significant impact on state,
local, or tribal governments or small
business, as the action will be limited
to Corps projects and permit
applications for which dredged material
                       testing is necessary, and because the
                       effect of the action will be limited to
                       changing the location of an otherwise
                       collected sample.
                       Timetable:	
                       Action             Date    FR Cite
                       NPRM
                       Final Action
01/04/95  60FR419
12/00/02
                       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


                       3486. 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 (Revision)
                       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, of regulations, for other
                       toxic pollutants not regulated in the
                       first round, in December 1999 (64 FR
                       72045, Dec. 23, 1999). The proposed
                       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
                   Date    FR Cite
                    NPRM             12/23/99 64 FR 72045
                    Notice of Data        06/12/02 67 FR 40554
                      Availability re: Land
                      Application
                    Final Action Land     10/00/03
                      Application
                    Regulatory Flexibility Analysis
                    Required: No
                    Small Entities Affected: No
                    Government Levels Affected: Federal,
                    State, Local, Tribal
                    Additional Information: SAN No. 3488
                    Agency Contact: Alan B. Rubin,
                    Environmental Protection Agency,
                    Water, 4304T, Washington, DC 20460
                    Phone: 202 566-1125
                    Fax:  202 566-1139
                    Email: rubin.alan@epa.gov

                    Anthony Maciorowski, Environmental
                    Protection Agency, Water, 4304T,
                    Washington, DC 20460
                    Phone: 202 566-1113
                    Fax:  202 566-1140
                    Email: maciorowski.anthony@epa.gov
                    RIN: 2040-AC25

                    3487. MODIFICATION TO
                    COMPETITIVE PROCESS USED BY
                    EPA FOR WATER QUALITY
                    COOPERATIVE AGREEMENTS AND
                    WETLAND PROGRAM DEVELOPMENT
                    GRANTS
                    Priority: Substantive, Nonsignificant
                    Legal Authority: 33 USC.1251 sec 104
                    CFR Citation: 40 CFR 35.362; 40 CFR
                    35.382
                    Legal Deadline: None

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               Federal Register/Vol. 67, No.  236/Monday, December 9,  2002/Unified Agenda
                                                                   75305
 EPA—Clean Water Act (CWA)
                                                        Final Rule Stage
 Abstract: EPA is proposing to modify
 the requirement that a competitive
 process be used for the award of Water
 Quality Cooperative Agreements
 (WQCA) and Wetland Program
 Development Grants (WPDG). The
 proposed modification would provide
 Regions with the discretion to allocate
 a portion of WQCA and WPDG funds
 to States in accordance with program
 guidance instead of awarding funds
 based on a competition among States.
 The proposed changes would provide
 State, interstate, and local agencies
 greater flexibility in developing
 comprehensive programs.

 Timetable:
 Action             Date     FR Cite
 Rnal Action         09/00/03

 Regulatory Flexibility Analysis
 Required: No

 Small Entities Affected: No

 Government Levels Affected: Federal,
 State, Local

 Additional Information: SAN No. 4624

 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

 Donna An, Environmental Protection
 Agency, Water, 4502T, Washington, DC
 20460
Phone: 202 566-1384
 Fax: 202  566-1349
Email: an.donna@epa.gov

 RIN: 2040-AD83
 3488. • REVISIONS TO MINIMIZING
 ADVERSE ENVIRONMENTAL
 IMPACTS FROM COOLING WATER
 INTAKE STRUCTURES UNDER
 SECTION 316(B) OF THE CLEAN
 WATER ACT — PHASE I
 Priority: Substantive, Nonsignificant
 Legal Authority: 33 USC 1251 et seq
 CFR Citation: 40 CFR 125 subpart I
 Legal Deadline: None
 Abstract:  This action will make three
 minor technical corrections to the final
 rule implementing section 316(b) of the
 Clean Water Act (CWA) for new
 facilities that use water withdrawn
 from rivers, streams, lakes, reservoirs,
 estuaries,  oceans or other waters of the
 United States for cooling purposes.
 (EPA published the final rule on
 December 18, 2001, 66 FR 65256.) The
 final rale established national
 technology-based performance
 requirements applicable to the location,
 design, construction, and capacity of
 cooling water intake structures at new
 facilities. The regulatory language did
 not correctly reflect EPA's intent in
 three minor instances.  Therefore, EPA
 will make three minor changes to the
 regulatory text: (1) delete inadvertent
 requirement that quarterly monitoring
 occur at a  low-flow condition that
 occurs once every ten years; (2) clarify
 that the  permit director will consider
 information from fishery agencies about
 whether certain requirements should be
 put in a permit, not allow the fishery
 manager to make the determination;
 and (3) delete unnecessary cross
references  between the Track 2
 compliance option and the alternative
requirements provision.
Timetable:
Action
                   Date
                           FR Cite
                                      Direct Rnal Rule     11/00/02
                                      Regulatory Flexibility Analysis
                                      Required: No
                                      Small Entities Affected: No
 Government Levels Affected: Federal,
 State

 Additional Information: SAN No. 4726

 Sectors Affected: 221111 Hydroelectric
 Power Generation;'221112 Fossil Fuel
 Electric Power Generation; 221113
 Nuclear Electric Power Generation;
 221119 Other Electric Power
 Generation; 221121 Electric Bulk Power
 Transmission and Control; 221122
 Electric Power Distribution; 111991
 Sugar Beet Farming; 11193 Sugarcane
 Farming; 21221 Iron Ore Mining;
 212391 Potash, Soda, and Borate
 Mineral Mining; 311221 Wet Corn
 Milling; 311311 Sugarcane Mills;
 311312 Cane Sugar Refining; 311313
 Beet Sugar Manufacturing; 311222
 Soybean Processing; 311225 Fats and
 Oils Refining and Blending; 31214
 Distilleries; 312229 Other Tobacco
 Product Manufacturing; 31221 Tobacco:
 Stemming and Redrying; 31321
 BroadwovertJFabric Mills; 321912 Cut
 Stock, Resawing Lumber, and Planing;
 321113 Sawmills; 321918 Other
 Millwork (including Flooring ); 321999
 All Other Miscellaneous Wood Product
 Manufacturing; 321212 Softwood
 Veneer and Plywood Manufacturing;
 321219 Reconstituted Wood Product
 Manufacturing; 3221 Pulp, Paper, and
 Paperboard Mills; 322121 Paper (except
 Newsprint) Mills; 32213 Paperboard
 Mills; 322121 Paper (except Newsprint)
 Mills

 Agency Contact: Deborah G. Nagle,
 Environmental Protection Agency,
 Water, 4303T, Washington, DC 20460
 Phone: 202 566-1063
 Fax: 202 566-1053 :
Email: nagle.deborah@epa.gov

Tom Wall, Environmental Protection
Agency, Water, 4303T
Phone: 202 566-1060
Fax: 202 566-1053
Email: wall.thomas@epa.gov

 RIN: 2040-AD85

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75306
              Federal Register/Vol. 67, No. 236/Monday, December 9,  2002/Unified Agenda
Environmental  Protection Agency (EPA)
Clean Water Act (CWA)
                                                                                          Long-Term Actions
3489. 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 some construction activities
associated with new development, as
well as to those associated with
redevelopment activities. The
regulations will address storm water
runoff from construction sites during
the active phase of construction.
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. These requirements
will be implemented in NPDES  storm
water permits issued to construction
site owners and operators.
Timetable:
Action
                   Date
                           FR Cite
                  06/24/02 67 FR 42644
                  03/00/04
NPRM
Final Action
Regulatory Flexibility Analysis
Required:  Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4280
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:  202 566-105'3
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


                                     3490. 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
12/17/93  58 FR 66078
09/00/04
NPRM
Final Action
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
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


3491.  EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONCENTRATED 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
Legal Deadline: NPRM, Judicial,
August 14, 2002.
Final, Judicial, June 30, 2004.
Abstract: EPA is focusing new efforts
to help reduce nutrient loadings from
commercial agricultural and industrial
operations nationwide. Currently, there
are no federal technology-based
standards for aquatic animal production
facilities, which are part of the
aquaculture industry. This action is a
new effort to develop pollutant controls
in the form of nationally applicable
discharge standards for commercial and
public aquaculture operations. In
assessments of surface  water quality,
States most frequently  cite siltation,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and inconsistent state of
regulatory oversight, EPA will examine
available technologies for the control of
solids which in turn control other
pollutants, primarily nutrients. This
action was formerly titled Aquaculture.
Timetable:
                                                                           Action
                                                                                              Date
                                               FR Cite
                                                                                            09/12/02 67 FR 57871
                                                                                            06/00/04
                    NPRM
                    Final Action
                    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; 71213 Zoos and
                    Botanical Gardens

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               Federal Register/Vol.  67,  No. 236/Monday, December 9, 2002/Unified Agenda
                                                                   75307
 EPA—Clean  Water  Act (CWA)
                                                      Long-Term Actions
 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

 Marvin Rubin, Environmental
 Protection Agency, Water, WH-552,
 4303T, Washington, DC 20460
 Phone: 202 566-1050
 Fax: 202 566-1053
 Email: rubin.marvin@epa.gov
 RIN: 2040-AD55


 3492.  EFFLUENT GUIDELINES AND
 STANDARDS FOR THE MEAT 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; 33 USC 1342
 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
 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             02/25/02 67 FR 8582
Final Action         12/00/03
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

 Marvin Rubin, Environmental
 Protection Agency, Water, WH-552,
 4303T, Washington, DC 20460
 Phone: 202 566-1050
 Fax: 202 566-1053
 Email: rubin.marvin@epa.gov
 RIN: 2040-AD56


 3493. 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: 202 566-0378
 Fax: 202 260-9830
 Email: leutner.fred@epa.gov

 Edward Hanlon, Environmental
 Protection Agency, Water, 4305,
 Washington, DC 20460
 Phone:  202 566-0765
 Fax: 202 566-0409 '-
 Email: hanlon.edward@epa.gov
 RIN: 2040-AD46
3494. 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 I3l4(h) CWA
304(h); 33 USC 1361(a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the guidelines
establishing test procedures for the
analysis of pollutants under 40 CFR
part 136 to approve^ new EPA methods
for the determination of trace metals at
EPA's water quality  criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated

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 75308
Federal Register/Vol. 67, No. 236/Monday,  December 9, 2002/Unified Agenda
 EPA—Clean Water Act  (CWA)
                                                                             Long-Term Actions
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 Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government  Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 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 '
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AC75
3495. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USG 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, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration,  cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce  costs associated with
analytical measurements.

Timetable:
Action
NPRM
Final Action
Date
To Be
To Be
FR Cite
Determined
Determined
                       Regulatory Flexibility Analysis
                       Required: No

                       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: 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-AC92
3496. 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) CWA 501(a)

CFR Citation: 40 CFR 136

Legal Deadline: None

Abstract: This regulatory action would
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.

Timetable:
                                                             Action
                                                                                Date
                                                                 FR Cite
                                                                           NPRM
                                                                           Final Action
                                                       03/28/97 62 FR 14975
                                                         To Be Determined
                                      Regulatory Flexibility Analysis
                                      Required: No

                                      Small Entities Affected: Businesses,
                                      Governmental Jurisdictions,
                                      Organizations

                                      Government Levels Affected: Federal,
                                      State, Local, Tribal

                                      Additional Information: SAN No. 3713

                                      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

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              Federal Register/Vol. 67, No.  236/Monday, December  9, 2002/Unified Agenda
                                                                                      75309
EPA—Clean Water Act (CWA)
                                                                        Long-Term Actions
3497. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
                    3498. TEST PROCEDURES FOR THE
                    ANALYSIS OF MISCELLANEOUS
                    METALS, ANIONS, AND VOLATILE
                    ORGANICS UNDER THE CLEAN
                    WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant     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
                    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
                    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
06/00/04
NPRM
Final Action
10/18/95  60 FR 53988
06/00/04
Regulatory Flexibility Analysis
Required: No

Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations

Government Levels Affected: Federal,
State, Local, Tribal
                    Regulatory Flexibility Analysis
                    Required: No

                    Small Entities Affected: Businesses,
                    Governmental Jurisdictions,
                    Organizations

                    Government Levels Affected: Federal,
                    State, Local, Tribal
Additional Information: SAN No. 3155   Additional Information: SAN No. 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
Phone: 202 566-1005
Fax: 202 566-1053
Email: gomez-taylor.maria@epa.gov

RIN: 2040-AC95
                    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
                    Phone: 202 566-1005
                    Fax: 202 566-1053
                    Email: gomez-taylor.maria@epa.gov

                    RIN: 2040-AD12
3499. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES -
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700          :
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces. Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as fire
main); and some have the potential to
introduce nonindigenous invasive
aquatic species (such as ballast water).
Phase II will establish performance
standards for control devices for these
25 discharges. Once DOD implements
rules for achieving the standards set in
Phase II, covered discharges from
Armed Forces vessels will be required
to meet these standards, and will not
be subject to discharge standards
established by States.
Timetable:
                                     Action
                                      Date     FR Cite
                                     NPRM
                                     Final Action
                                     01/00/05
                                     09/00/05
                                     Regulatory Flexibility Analysis
                                     Required: No
                                     Small Entities Affected: No
                                     Government Levels Affected: Federal

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75310
Federal Register/Vol. 67, No. 236/Monday,  December  9, 2002 / Unified Agenda
EPA—Clean  Water  Act (CWA)
                                                                             Long-Term Actions
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
3500. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Legal Authority:  33 USC 1314 CWA sec
304; 33 USC 1317 CWA sec 307; 33  <•
USC 1342 CWA sec 402; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the general pretreatment
regulations (40 CFR part 403) that
address restrictions on and oversight of
industrial discharges into publicly
owned treatment works (POTWs). The
final rule will include exclusions or
variable requirements for smaller
facilities that contribute insignificant
amounts of pollutants, clarify
requirements for implementing
pretreatment standards, and provide
more flexible reporting, inspection  and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
     Date     FR Cite
NPRM             07/22/99 64 FR 39564
Final Action         12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3663
Agency Contact: Jan Pickrel,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-7904
Fax: 202 564-6431
                        Email: pickrel.jan@epa.gov

                        Jeff Smith, Environmental Protection
                        Agency, Water, 4203M, Washington, DC
                        20460
                        Phone: 202 564-0652
                        Fax: 202 564-6399
                        Email: smith.jeff@epa.gov
                        RIN: 2040-AC58
                       3501. 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, 4203M, Washington, DC 20460
                       Phone: 202 564-2051
                       Fax: 202 564-9544
                    Email: rubin.howarde@epa.gov

                    Robert Wood, Environmental Protection
                    Agency, Water, 4203M, Washington, DC
                    20460
                    Phone: 202 564-9545
                    Fax: 202 564-9544
                    Email: wood.robert@epa.gov
                    RIN: 2040-AC84
3502. CLEAN WATER STATE
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 H construction grants.

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              Federal Register/Vol.  67, No. 236/Monday, December 9, 2002/Unified Agenda
                                                                 75311
EPA—Clean Water Act  (CWA)
                                                    Long-Term Actions
This action will revise the regulations
to allo\v a State, in its operation of the
CWSRF, to permit a CWSRF-loan for
non-title n 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 n construction
grant will continue.
Timetable:
Action
                   Date
          FR Cite
Direct Final Rule       To Be  Determined
  Direct Final with
  companion
  proposal.
Regulatory Flexibility Analysis
Required:  No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4493
          Agency Contact: Ghau Hoang,
          Environmental Protection Agency,
          Water, 4204M, Washington, DC 20460
          Phone: 202 564-0689
          Fax:202501-2396;
          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  .
Environmental  Protection  Agency (EPA)
Clean Water Act (CWA)
                                                    Completed Actions
3503. EFFLUENT GUIDELINES AND
STANDARDS FOR THE IRON AND
STEEL MANUFACTURING POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
CFR Citation: 40 CFR 420
Completed:
Completed:
Reason
                  Date
                           FR Cite
Rnal Action        10/17/02  67 FR 64216
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: George Jett
Phone: 202 566-1070
Fax: 202 566-1053
Email: jett.george@epa.gov

William Anderson
Phone: 202 566-1008
Fax: 202 566-1053
Email: anderson.william@epa.gov
RIN: 2040-AC90


3504. 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
CFR Citation: 40 CFR 430
Reason
                  Date
          FR Cite
Final Action        09/19/02 67 FR 58990
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Don Anderson
Phone: 202 566-1021
Fax: 202 566-1053
Email: anderson.donaldf@epa.gov

Ahmar Siddiqui
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epa.gov
RIN: 2040-AD23


3505. EFFLUENT GUIDELINES 2002
PROGRAM PLAN
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
 Date
FR Cite
NPRM
Final Action
06/18/02 67 FR 41417
08/27/02 67 FR 55012
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Patricia Harrigan
Phone: 202 566-1666
          Fax: 202 566-1053 ;
          Email: harrigan.patricia@epa.gov

          Jan Matuszko
          Phone: 202 566-1035
          Fax: 202 566-1053
          Email: matuszko.jan@epainail.epa.gov

          RIN: 2040-AD78


          3506. REVISION TO CLEAN WATER
          ACT REGULATORY DEFINITION OF
          FILL MATERIAL

          Priority: Substantive, Nonsignificant

          CFR Citation: 33 CFR 323.2(e); 40 CFR
          232.2

          Completed:
                   Reason
                                      Date
                                              FR Cite
Final Action        .05/09/02 67 FR 31129
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Brenda Mallory
Phone: 202 566-1368
Fax: 202 566-1375
Email: mallory.brenda@epa.gov

John Lishman
Phone: 202 566-1364
Fax: 202 566-1375
Email: lishman.john@epamail.epa.gov
RIN: 2040-AD51

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75322
Federal Register/Vol.  67,  No. 236/Monday, December 9,  2002/Unified Agenda
 Environmental Protection Agency (EPA)
 Safe Drinking  Water Act (SDWA)
                                                                                   Prerule  Stage
3507. 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 non-
regulated contaminants every five
years, which may warrant regulation
due to their health  effects and their
potential for occurrence in public water
systems (PWSs). The first list, called
the Contaminant Candidate List (CCL),
was published in the Federal Register
on March  2, 1998 (63 FR 10274). When
establishing the 1998 CCL, EPA divided
the contaminants among three main
categories: 1) contaminants which are
priorities for additional research; 2)
contaminants which need additional
occurrence data; and 3) contaminants
which are  priorities for consideration
for rulemaking. These contaminants are
collectively referred to as the
Regulatory Determination Priority
contaminants. In addition to publishing
the drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the CCL and
determine, by August 2001, whether to
regulate these contaminants with a
National Primary Drinking Water
Regulation (NPDWR). The Regulatory
Determination Priority category is the
list of contaminants from which the
Agency will determine whether or not
regulations are necessary. There are
currently nine contaminants that have
sufficient scientific information to make
regulatory determinations:
Acanthamoeba; Aldrin; Dieldrin;
Hexachlorobutadiene; Manganese;
Metribuzin; Naphthalene; Sodium; and
Sulfate. In order make a decision
whether or not to develop a NPDWR
for a contaminant, the SDWA requires
three statutory tests be met: 1) the
contaminant may have an adverse effect
on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water.
systems  with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
                        regulation of the contaminant presents.
                        a meaningful opportunity for health
                        risk reduction for persons served by
                        public water systems. Using these three
                        statutory tests to make regulatory
                        decisions, there are three possible
                        outcomes: 1) regulate the contaminant
                        with a NPDWR; 2) develop guidance
                        (e.g. Health or Consumer Advisory); or
                        3) determine no action is necessary.
                        Timetable:
                       Action
Date
FR Cite
                        Notice of Preliminary  06/03/02 67 FR 38222
                         Regulatory
                         Determinations
                        Notice of Final       03/00/03
                         Regulatory
                         Determinations
                        Regulatory Flexibility Analysis
                        Required: No
                        Small Entities Affected: No
                        Government Levels Affected: None
                        Additional Information: SAN No. 4447
                        Sectors Affected: 22131 Water Supply
                        and Irrigation Systems
                        Agency Contact: Karen Wirth,
                        Environmental Protection Agency,
                        Water, 460 7M
                        Phone: 202 564-5246
                        Fax: 202  564-3760
                        Email: wirth.karen@epamail.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


                        3508. 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
regulation 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
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       03/00/03
                    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: lebowich.judy@epa.gov

                   Wynne Miller, Environmental
                   Protection Agency, Water, 4607M,
                   4607, Washington, DC 20460
                   Phone: 202 564-4887
                   Fax: 202 564-3760

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              Federal Register/Vol. 67, No.  236/Monday, December 9, 2002/Unified Agenda
                                                                  75313
EPA—Safe Drinking  Water Act (SDWA)
                                                          Prerule Stage
Email: miller.wynne@epa.gov
RIN: 2040-AD67
Environmental  Protection Agency (EPA)
Safe  Drinking Water Act (SDWA)
                                                  Proposed Rule Stage
3509. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Regulatory Plan: This entry is Seq. No.
134 in part n of this issue of the
Federal Register,
RIN: 2040-AD37

3510. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No.
135 in part II of this issue of the
Federal Register,
RIN: 2040-AD38

3511. • DRINKING WATER
CONTAMINANT CANDIDATE  LIST 2
Priority: Routine and Frequent
Legal Authority: SDWA Amendments
of 1996 Sec 1412(b)(l)(B)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
February 28, 2003,1-5 years after CCL.
Abstract: This tiering action is to
develop the Second Drinking Water
Contaminant Candidate List (CCL2). To
meet the Safe Drinking Water Act
(SDWA) requirements under section
1412(b)(l)(B)(i), as amended in 1996,
OGWDW will publish a list of
contaminants that are known or
anticipated to occur in public water
systems which may require regulation
under the SDWA. In developing this
list of contaminants, that are not
currently subject to any proposed or
promulgated NPDWRs, EPA must
consult with the SAB, provide an
opportunity for public comments,
consider the National Contaminant
Occurrence Database (developed under
SDWA section 1445(g)), consider
contaminants referred to in section
101(4) of CERCLA, and substances
registered as pesticides under FEFRA.
Similar to CCL1, the CCL2 will be
based on readily available occurrence
and health effects information and
evaluated by EPA. SDWA required the
first CCL to be published 18 months
after the date of enactment (2/98), and
a new CCL every 5 years thereafter. The
methods used to develop the CCL are
described in the Federal Register (FR
62193). To respond to comments
received on the draft drinking water
CCL, the Agency requested assistance
from the National Research Council
(NRG) for guidance on methods and
processes to identify and narrow a very-
broad universe of potential
contaminants into a smaller, more
focused list for the future CCLs.  The
details of the NRC recommendation are
available in the report entitled
"Classifying Drinking Water
Contaminants for Regulatory
Considerations." The NRC
recommendations are being evaluated
by a National Drinking Water Advisory
Council work group, and the results  of
this parallel effort will be used for
future CCLs.
Timetable:
Action
Date
                           FR Cite
Announcement of    11 /00/02
  Draft
Announcement of CCL 02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4703
Agency Contact: Thomas Carpenter,   .
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov

Karen Wirth, Environmental Protection
Agency, Water, 4607M
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
RIN: 2040-AD86

3512. • DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Routine and Frequent
Legal Authority: SDWA Amendments
of 1996, sec 1412(b)(l)(B)
CFR Citation: None

Legal Deadline: Other, Statutory,     '
February 28, 2003, Within 1 to 5 years ,
after CCL.

Abstract: This action is to develop the
Second Drinking Water Contaminant  :
Candidate List (CCL2).  To meet the Safe
Drinking Water Act (SDWA)         I
requirements under section          '.
1412(b)(l)(B), as amended in 1996,
OGWDW will publish a list of       ;
contaminants that are known or      ;
anticipated to occur in public water
systems which may require regulation ;
under the-SDWA. In developing this
list of contaminants that are not      ,
currently subject to; any proposed or
promulgated NPDWRs, EPA must
consult with the SAB, provide an
opportunity for public  comments,
consider the National Contaminant    !
Occurrence Database (developed under
SDWAS section 1445 (g)), consider    ;
contaminants referred to in section
101(4) of CERCLA, and substances    i
registered as pesticides under FIFRA.  _
Like CCLl, the CCL2 will be based on :
readily available occurrence and health
effects information ;and evaluated by
EPA. SDWA required the first CCL to  ';
be published 18 months after the date j
of enactment (2/98), and a new CCL   '.
every 5 years thereafter. To respond to
comments received on  the draft
drinking water CCL, the Agency
requested assistance from the National ,
Research Council (NRC) for guidance e j
on metho9ds and processes to identify
and narrow a very broad universe of
potential contaminants into a smaller,
more focused list for the future CCLs.  ;
The details of the NRC              ,
recommendation ar,e available in the ,  .
report entitled Classifying Drinking
Water Contaminants for Regulatory
Considerations. The NRC            :
recommendations are being evaluated
by a National Drinking Water Advisory;
Council Work Group and the results of
this parallel  effort will  be used for
future CCLs.

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 75314
Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
 EPA—Safe Drinking Water Act (SDWA)
                                                                         Proposed  Rule Stage
 Timetable:
 Action
 Draft
 Final Action
                    Date
                            FR Cite
   11/00/02
   02/00/03
 Regulatory Flexibility Analysis
 Required: No
 Small Entities Affected: No
Government Levels Affected: None

Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov
 Karen Wirth, Environmental Protection
 Agency, Water, 4607M
 Phone: 202 564-5246
 Fax: 202 564-3760
 Email: wirth.karen@epamail.epa.gov

 RIN: 2040-AD88
 Environmental  Protection Agency (EPA)
 Safe  Drinking Water Act (SDWA)
                                                                              Final  Rule Stage
 3513. UNREGULATED CONTAMINANT
 MONITORING REGULATION:
 ANALYTICAL METHOD FOR
i AEROMONAS & NATIONAL PRIMARY
 & SECONDARY DRINKING WATER
 REGULATIONS: ANALYTICAL
 METHODS FOR CHEMICAL &
i 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-
iTP (Silvex), dinoseb,
ipentachlorophenol, 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
lanalytical methods to support
previously required NPDWR
compliance monitoring. These eight
methods include: a method for the
idetermination of atrazine, two methods
for the determination of cyanide, three
methods for the determination of total
Icoliforms, a method for the
'determination of heterotrophic bacteria
                       and a method for the determination of
                       turbidity.
                       Timetable:
                       Action
                                         Date
                                                 FR Cite
                       NPRM
                       Final Action
                 03/07/02  67 FR 10532
                 11/00/02
                       Regulatory Flexibility Analysis
                       Required: No
                       Small Entities Affected: No
                       Government Levels Affected: Federal,
                       State, Local, Tribal
                       Additional Information: SAN No. 4638
                       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

                      3514. NATIONAL PRIMARY DRINKING
                      WATER REGULATIONS:
                      GROUNDWATER RULE
                      Regulatory Plan: This entry is Seq. No.
                      144 in part II of this issue of the
                      Federal Register.
                      RIN: 2040-AA97

                      3515. MINOR REVISIONS TO THE
                      PUBLIC NOTIFICATION RULE,
                      CONSUMER CONFIDENCE  REPORT
                      RULE, AND PRIMACY RULE
                      Priority: Substantive, Nonsignificant
                      Legal Authority: 42 USC 300f et seq
                      CFR Citation: 40 CFR 141; 40 CFR 142
                      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 wording would replace
 a reference to "general toxic effects"
 with specific toxic effects wording (i.e.,
 weight loss and liver enlargement) and
 add the word "possible" to the
 reference to reproductive effects. With
 respect to DEHP, the proposed revision
 would add the word "well" in front
 of the phrase in excess of the MCL to
 describe when the health effects may
 be experienced. In addition, this
 proposal would include a negotiated
 paragraph on the proper use of the
 Agency's Integrated Risk Information
 System  (IRIS). EPA is also making the
 following minor changes to the
 Consumer Confidence Report Rule:
 removing "leaching from wood
 preservatives" as a likely source for
 copper contamination; revising
 appendix A to move some disinfection
 byproducts contaminants from the
 "volatile organic contaminants" section
 to the "inorganic contaminants"
 section;  and revising Appendix A to
 change "chloride dioxide" to "chlorine
 dioxide." Finally, EPA is removing an
 outdated provision of the Primacy Rule,
 since the Administrator no longer has
 authority to waive NPDWRs for
 federally owned public water systems.
Timetable:
                                    Action
                                                       Date
                           FR Cite
                                    NPRM            09/07/01  66 FR 46928
                                    Final Action         11/00/02
                                    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. 236/Monday, December 9, 2002/Unified  Agenda
                                                                  75315
ERA—Safe Drinking  Water  Act (SDWA)
                                                       Final  Rule Stage
Additional Information: SAN No. 4561

Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Khanna Johnston,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3842
Fax: 202 564-3755
Email: johnston.khanna@epa.gov

BIN: 2040-AD77
Environmental  Protection Agency (EPA)
Safe  Drinking Water Act (SDWA)
                                                     Long-Term Actions
3516. 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 CFR141; 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 which 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.
Timetable:
Action
                   Date
                           FR Cite
ANPRM
NPRM
Notice
NPRM
Notice
Final Action
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59245
06/23/00 65 FR 391 13
12/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No, 2281
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: 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, 4607M, Washington, DC
20460
Phone: 202 564-4656
Fax: 202 564-3760
Email: reding.richard@epa.gov
RIN: 2040-AA94

3517. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is      ' >
undetermined.              •       •
Unfunded Mandates: Undetermined
Legal Authority: 42 USC SOOfet seq; :, '
SDWA 1412       .  .    .    ;.;"'.;".; ,;
CFR Citation: 40 CFR 141; 40 CFR 142  .
Legal Deadline: None
Abstract: EPA promulgated MCLs for   '
aldicarb, aldicarb sulfoxide, and        :
aldicarb sulfone in the Phase .II ;   ;•;/ ;
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from'the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay  of the effective date. EPA will
reexamine risk assessment and •     .
occurrence data on aldicarb and makei
a determination of what further action
is appropriate.  '-.
Timetable:	•	
Action              Date     FR Cite
NPRM
Final Action
08/00/04
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined,
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238
Sectors Affected: 22131 Water Supply
and Irrigation Systems             ;
Agency Contact: 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             !
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
RIN: 2040-AC13

3518. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THEE NSDWR
Priority: Other Significant
Legal Authority: ;42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None

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 75316
Federal Register/Vol. 67, No. 236/Monday, December  9, 2002/Unified Agenda
 EPA—Safe Drinking  Water  Act (SDWA)
                                                                            Long-Term  Actions
 Abstract: Methyl tertiary butyl ether
! (MTBE) is a fuel additive used
: primarily to increase the oxygen
' content in gasoline. It has been used
1 in increasing quantity in the 1990s to
i 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
I emissions, it is being detected in
 ground water aiid surface water
 throughout the country. In some
'• instances
-------
              Federal Register/Vol.  67,  No. 236/Monday,  December 9, 2002/Unified^Agenda..^ .,,,,.„,75317
Environmental Protection Agency (EPA)
Shore Protection  Act (SPA)
                                                       Final  Rule Stage
3521. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. coastal waters. This rule
establishes minimum waste handling
practices for vessels and waste •
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by .this rule. In regards to, small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals .and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All  indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.

Timetable:
Action
                   Date
                           FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
08/00/03
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:202566-1272         '      :"
Fax: 202 566-1546      '...'..,..,
Email: giordano.steveh@epa.gov

James Woodley, Environmental      '
Protection Agency, Water, 4504T,
4504T, Washington, DC 20460''      '
Phone: 202 566-1287      '   '      ;
Fax: 202 566-1546
Email: woodley.james@epa.gov

RIN: 2040-AB85
[FRDoc. 02-26641 Filed 12-06-02; 8:45 am]
BILLING CODE 6560-50-S

-------
            B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS  IS
                                                        REQUIRED

          The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
     those rules that may have a significant economic impact on a substantial number of small entities.  Agencies
     meet  that  requirement by including the information in  their submissions for The  Regulatory Plan  and the
     Unified Agenda
          The following index  lists the  regulatory actions  in this  publication  for which  agencies believe  that
     the  Act may require  a Regulatory  Flexibility Analysis  because  the rule is  likely  to  have such effects on
     small businesses, small governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.)
     of the entry identifies  the location  of the entry in this  edition.  For further information, see  the Regulatory
     Information  Service Center's  Introduction to  The Regulatory  Plan  and  the Unified Agenda in part  II  of
     this issue.
     Seq.
      No.
      124


      126


      134



      144

      145


      146
     3153
     3214
               Small Businesses
             Title
                        EPA
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
National Primary  Drinking  Water
  Regulations: Long Term  2 En-
  hanced Surface Water Treatment
  Rule
National Primary  Drinking  Water
  Regulations: Groundwater Rule
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  Guidelines  and
  Standards for Concentrated Ani-
  mal Feeding Operations (CAFOs)
NESHAP: Iron and Steel Foundries
Emissions from Nonroad Spark-Igni-
  tion Engines and Standards for
  Recreational Spark-Ignition  En-
  gines
                                  Seq.
                                  No.
3223


3228

3377


3489


3491


3516
                   Title
                                 Seq.
                                  No.
Phase I  (FIP) To Reduce the Re-
  gional  Transport of Ozone in the
  Eastern United States
NESHAP: Reinforced Plastic Com-
  posites Production
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
Effluent Guidelines and  Standards
  for the Construction and Develop-
  ment Industry
Effluent Guidelines and  Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
National  Primary  Drinking  Water
  Regulations: Radon
 144

3377


3516
Seq.
No.
   Small Governmental Jurisdictions
                                            Seq.
                                             No.
 134
                  Title
                                                               EPA
                                  134



                                  144

                                 3377
      National  Primary  Drinking  Water
       Regulations:  Long  Term 2  En-
       hanced Surface Water Treatment
       Rule
                                                                                                      Title
National  Primary  Drinking  Water
  Regulations: Groundwater Rule
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
National  Primary  Drinking  Water
  Regulations: Radon
         Small Organizations
             Title
                                                          EPA
      National  Primary  Drinking  Water
       Regulations:  Long  Term 2  En-
       hanced Surface Water Treatment
       Rule
      National  Primary  Drinking  Water
       Regulations: Groundwater Rule
      Lead-Based Paint Activities; Train-
       ing and  Certification for Renova-
       tion and  Remodeling
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-------

-------
         C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A REGULATORY
                                    FLEXIBILITY ANALYSIS  IS NOT  REQUIRED

          The Regulatory Flexibility Act (5  U.S.C. .601) requires  that agencies publish regulatory agendas identifying
     those  rules that may have a significant economic impact on a substantial number of small entities. Agencies
     meet that  requirement by including the  information in their  submissions  for  The  Regulatory Plan and the
     Unified Agenda. Some  agencies  have chosen to  identify  additional  regulatory  actions that may have some
     impact on  small entities even though a Regulatory Flexibility Analysis  may not be required.
          The  following index  lists  the  regulatory  actions in  this publication  for  which  agencies  have chosen
     to indicate that some impact on  small entities is likely even though a  Regulatory  Flexibility Analysis may
     not  be required. The Sequence Number  (Seq.  No.)  of the entry  identifies  the location  of the  entry in this
     edition. For further information, see the Regulatory Information Service Center's Introduction to  The Regulatory
     Plan and the Unified  Agenda in part II of this issue.
     Seq.
      No.
      118

      119

      120

      121


      128


      129


      131

      135


      136




      141

      147




      148

     3113



     3115
               Small Businesses
             Title
                        EPA
Clean Water Act Definition of Wa-
  ters of the United States
NESHAP: Plywood and Composite
  Wood Products
NESHAP:  Reciprocating   Internal
  Combustion Engine
NESHAP:  Industrial,  Commercial,
  and Institutional Boilers and Proc-
  ess Heaters
Endocrine Disrupter Screening Pro-
  gram; Implementing  the Screen-
  ing and Testing Phase
Modifications  to RCRA Rules Asso-
  ciated With Solvent-Contaminated
  Shop Towels and Wipes
Increase Metals Reclamation  from
  F006 Waste Streams
National Primary   Drinking Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
Minimizing  Adverse Environmental
  Impact from Cooling Water Intake
  Structures  at Existing  Facilities
  Under Section   316(b) 'of  the
  Clean Water Act,  Phase 3
Management  of Cement  Kiln  Dust
  (CKD)
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
Cross-Media  Electronic  Reporting
  (ER) and Recordkeeping Rule
Utilization of Small,  Minority and
  Women's Business Enterprises in
  Procurement  Under Assistance
  Agreements
Incrementally  Funding  Fixed Price
  Contracts
                                  Seq.
                                   No.
3119

3122

3127
3135

3140

3142


3143

3147

3152
3157
3158

3162

3163

3164


3167


3172



3173
3177

3178
                                                                Title
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
Plastic Parts and Products (Surface
  Coating) NESHAP
Performance     Warranty     and
  Inspection/Maintenance Test Pro-
  cedures
Inspection/Maintenance  Recall  Re-
  quirements
Review of Minor  New Sources  and
  Modifications in Indian Country
NESHAP: Combustion Turbine
NESHAP: Lime Manufacturing
NESHAP: Metal Can Manufacturing
  (Surface Coating) Industry
NESHAP: Oil and Natural Gas Pro-
  duction
Electric  Utility Steam  Generating
  Unit MACT Regulation
Protection of Stratospheric  Ozone:
  Reconsideration of Section  608
  Sales Restriction
National  VOC Emission Standards
  for Consumer Products; Proposed
  Amendments
NESHAP for  Petroleum Refineries:
  Catalytic Cracking Units, Catalytic
  Reforming Units, and Sulfur  Re-
  covery Units; Amendments
NESHAP:   Sources   Categories:
  General Provisions; and Require-
  ments  for Control Technology  De-
  terminations for Major Sources in
  Accordance With Clean Air  Act
  Sec.112(g)  &  112(j);  Proposed
  Amendments
Control   of Methyl Tertiary Butyl
  Ether (MTBE)
Federal  Implementation  Plan (FIP)
  for the Billings/Laurel, Montana
  Sulfur Dioxide (SO2) Area
                                        Seq.
                                         No.
3185




3186




3191


3194

3198



3202


3205


3210

3215
3216
                                        3220
3222
                                                                                                        Title
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
Portland Cement Manufacturing In-
  dustry NESHAP: Amendment to
  Implement Court Remand
NESHAP: Brick and Structural Clay
  Products Manufacturing
Protection  of Stratospheric Ozone:
  Listing of Substitutes for Ozone-
  Depleting      Substances—N-
  Propylbromide
Extension of Alternative Compliance
  Periods  under the  Anti-Dumping
  Program
Protection  of Stratospheric Ozone:
  Allocation of Essential Use Allow-
  ances for Calendar Year 2003
NESHAP:  Chromium  Electroplating
  Amendment
Motor  Vehicle and Engine Compli-
  ance Program Fees for:  Light-
  Duty Vehicles and Trucks; Heavy-
  Duty  Vehicles   and   Engines;
  Nonroad  Engines;  and  Motor-
  cycles
NSPS:  SOCMI — Wastewater, and
  Amendment  to  Appendix  C of
  Part 63 and Appendix J of Part
  60
Protection  of Stratospheric Ozone:
  Allowance System  for Controlling
  HCFC Production, Import and Ex-
  port
NESHAP:  Hydrochloric Acid  Pro-
  duction Industry
VerDateSep<23>2002  14:18 Dec 11,2002 JktOOOOOO  POOOOOO Fm 00001  Fmt 1256  Sfmt1256  C:\DOCS\UA021~13.TXT  GSA1 PsN: RISC

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                 Federal  Register/Vol. 67,  No.  236/Thursday,  November 21,  2002/Small Entities Index
            Small Businesses—Cont.
                                    Seq.
                                     No.
     Seq.
      No.
     3229



     3231


     3235

     3238

     3240



     3241



     3242

     3243

     3246

     3252

     3256

     3257


     3258

     3260

     3261

     3265


     3267

     3293


     3296

     3298

     3302


     3303

     3304


     3307
              Title
National  Emission  Standards  for
  Hazardous  Air  Pollutants:  Mis-
  cellaneous   Organic  Chemical
  Manufacturing
NESHAP:   Miscellaneous    Metal
  Parts   and  Products  (Surface
  Coating)
NESHAP:  Fabric  Printing,  Coating
  and Dyeing
NESHAP: Organic Liquids Distribu-
  tion (Non-Gasoline)
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
NESHAP: Wood  Building Products
  (Surface Coating)
NESHAP:  Friction Products Manu-
  facturing
NESHAP: Secondary Aluminum In-
  dustry Amendments
Operating Permits: Revisions (Part
  70)
Federal  Implementation  Plans  for
  Indian Reservations in Idaho,  Or-
  egon and Washington
Metal Furniture (Surface Coating)
  NESHAP
NESHAP: Brick and  Structural Clay
  Products Manufacturing
NESHAP: Clay Ceramics Manufac-
  turing
Clarification  to Existing  Part  63
  NESHAP Delegations' Provisions-
  Work Practices
Federal  Plan  for  Small Municipal
  Waste Combustion Units
Federal  Major  New Source Review
  (NSR) Program for Nonattainment
  Areas
NESHAP:  Chromium Electroplating
  Amendment
NSPS and  Emission Guidelines for
  Other Solid Waste  Incinerators
NESHAP:   Perchloroethylene   Dry
  Cleaning  Facilities Residual Risk
  Standards
NESHAP:   Solvent  Extraction  for
  Vegetable Oil: Amendments
NESHAP: Ethylene Oxide for Steri-
  lization Facilities - Residual Risk
  Standards
NESHAP:  Group  II  Polymers and
  Resins — Residual  Risk Stand-
  ards
3311



3313


3314


3315


3316


3317


3318

3329



3331

3334

3336

3337

3338

3340

3344




3349

3358

3359

3360


3362

3364

3366


3368


3370
                                                                    Title
                                          Seq.
                                           No.
NESHAP: National Emission Stand-
  ards for  Marine  Tank  Vessel
  Loading Operations  — Residual
  Risk Standard
NESHAP:  Shipbuilding  and  Ship
  Repair Surface Coating — Resid-
  ual Risk Standards
NESHAP: Wood Furniture Manufac-
  turing   Operations  —  Residual
  Risk Standards
NESHAP:   Halpgenated   Solvent
  Cleaning — Residual Risk Stand-
  ards
NESHAP: Magnetic Tape  Manufac-
  turing  Operations  Residual  Risk
  Standard
NESHAP:  Printing  and  Publishing
  Industry — Residual Risk Stand-
  ards
NESHAP:  Petroleum  Refineries —
  Residual Risk Standards
NESHAP:   Petroleum  Refineries;
  Catalytic Cracking Units, Catalytic
  Reforming Units and Sulfur Re-
  covery Units
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
NESHAP:   Cellulose   Production
  Manufacturing
Revisions to the Definitions and the
  Continuous Emission  Monitoring
  Provisions of the Acid  Rain Pro-
  gram and the NOx Budget Trad-
  ing Program
NESHAP:  Generic  MACT  Amend-
  ments
Pesticides;  Data  Requirements for
  Conventional Chemicals
Pesticides;  Data  Requirements for
  Antimicrobials
Pesticides;  Data  Requirements for
  Biochemical and  Microbial Prod-
  ucts
Pesticides; Procedures for the Reg-
  istration Review Program
Pesticides;  Tolerance  Processing
  Fees
Pesticide  Management  and  Dis-
  posal;  Standards   for   Pesticide
  Containers and Containment
Pesticides;   Registration   Require-
  ments for Antimicrobial Pesticide
  Products
Plant-Incorporated Protectants (For-
  merly      Plant      Pesticides)
  Rulemakings
3371

3375

3378




3379



3380


3381

3382

3383



3384


3385

3386


3388



3389

3390

3391

3392




3393

3394

3395

3396

3397

3398

3399


3400
                                                                                                              Title
Pesticide  Management  and  Dis-
  posal
Testing   Agreement  for  Certain
  Oxygenated Fuel Additives
Polychlorinated  Biphenyls  (PCBs);
  Exemptions: From the Prohibitions
  Against   Manufacturing,   Proc-
  essing, and Distribution in  Com-
  merce     :
Amendment to the Premanufacture
  Notification   Exemptions;   Revi-
  sions of Exemptions for Polymers
  (40 CFR Part 723)
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Test Rule; Developmental and Re-
  productive Toxicity
Follow-Up Rules on Existing Chemi-
  cals
Significant New Use Rule; Selected
  Flame  Retardant Chemical Sub-
  stances  for  Use  in  Residential
  Upholstered Furniture
TSCA Policy  Statement on  Over-
  sight  of  Transgenic  Organisms
'  (Including Plants)
Lead; Management and  Disposal of
  Lead-Based Paint Debris
Lead; Notification  Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Significant New Use  Rule (SNUR);
  Chemical-Specific SNURs To Ex-
  tend  Provisions of Section 5(e)
  Orders
Test Rule; Generic Entry for ITC
  Related Testing Decisions
Test Rule; Hazardous Air Pollutants
  (HAPs)
Test Rule; Certain High Production
  Volume (HPV) Chemicals
Test Rule; In  Vitro Dermal Absorp-
  tion  Rate : Testing  of Certain
  Chemicals of Interest to the Oc-
  cupational Safety and Health Ad-
  ministration
Acrylamide  ;      and         N-
  methylolacrylamide Grouts
TSCA Section  8(a) Preliminary As-
  sessment Information Rules
TSCA  Section   8(d)  Health  and
  Safety Data Reporting Rules
TSCA Section 8(e) Policy; Notice of
  Clarification
TSCA   Inventory   Update  Rule
  Amendments
Significant New Use  Rule; Refrac-
  tory Ceramic Fibers (RCFs)
Chemical  Right-to-Know  Initiative;
  High Production Volume  (HPV)
  Chemicals
Significant    New   Use   Rule;
  Perfluoroalkyl Sulfonates (PFOA)
VofDate Sap<23>2002  14:18 Dec 11,2002 Jkt 000000  PO 00000  Frm 00002  Fmt 1256  Sfmt 1256  C:\DOCS\UA021~13.TXT GSA1  PsN: RISC

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                   Federal Register/ Vol.  67,  No.  236/Thursday, November 21,  2002/Small  Entities Index
              Small Businesses—Cont.
                                      Seq.
                                       No.
       Seq.
        No.
       3401

       340:


       3403



       3404

       3405

       3406
       3407
       3410



       3411



       3413



       3414





       3418

       3419

       3422


       3432



       3436


       3442


      3446




      3448
               Title
 Asbestos Model  Accreditation Plan
   Revisions
 Lead Fishing Sinkers; Response to
   Citizens Petition  and  Proposed
   Ban
 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
 Voluntary Children's  Chemical Eval-
   uation Program (VCCEP)
 Test Rule; Certain Metals
 Notice  of TSCA Section 4 Reim-
   bursement Period and TSCA Sec-
   tion 12(b)  Export Notification Pe-
   riod Sunset Dates  for TSCA Sec-
   tion 4 Substances
 TRI;  Responses  to   Petitions  Re-
   ceived To Add  or Delete or Mod-
   ify Chemical Listings on the Toxic
   Release Inventory
 TRI;  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
 Addition  of  Toxicity  Equivalency
   (TEQ)  Reporting  and  Quantity
   Data  for Individual  Members  of
   the Dioxin  and  Dioxin-like Com-
   pounds Category Under EPCRA,
   Section 313
 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
 Revisions to  the Comprehensive
   Guideline   for  Procurement   of
   Products Containing  Recovered
   Materials
 Research, Development, and Dem-
  onstration  Permits  for Municipal
  Solid Waste Landfill
 Standards for the Management  of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
 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)
 3453


 3466




 3468





 3474

 3480


 3492



 3494


 3495



 3496




 3497



 3498



 3500



 3501

 3503



 3506

3517

3521
                                                                       Title
                                                                                                 Small Governmental Jurisdictions
 Requirements  for  Zinc   Fertilizer
   Made From Recycled Hazardous
   Secondary Materials
 Revisions  to the  National Oil  and
   Hazardous Substances  Pollution
   Contingency   Plan;   Subpart  J
   Product Schedule Listing Require-
   ments
 Test Procedures for  the Analysis of
   Co-Planar and  Mono-Ortho-Sub-
   stituted Polychlorinated  Biphenyls
   (PCBs) Under the Clean  Water
   Act
 Ocean  Discharges  Criteria  Revi-
   sions
 Test Procedures for Analysis for Bi-
   ological   Contaminants   under
   Clean Water Act
 Effluent Guidelines and  Standards
   for the Meat and Poultry Products
   Point  Source  Category  (Revi-
   sions)
 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
 Test Procedures for the Analysis of
   Miscellaneous   Metals,   Anions,
   and Volatile Organics Under  the
   Clean Water Act, Phase Two
 Streamlining     the      General
   Pretreatment Regulations for  Ex-
   isting  and New Sources of Pollu-
  tion
 NPDES  Streamlining Rule — Round
   III
 Effluent  Guidelines and Standards
  for the Iron and Steel Manufac-
  turing  Point Source  Category (Re-
  visions)
 Revision to Clean Water Act Regu-
  latory Definition of Fill Material
National  Primary  Drinking  Water
  Regulations: Aldicarb
Shore   Protection   Act,   Section
  4103(b) Regulations
                                                                                  Seq
                                                                                  No.
  118

  120

  133
  135


  136




  147




  148

 3113



 3122

 3147

 3152
 3163

 3177

 3184

 3186




 3231


 3241



3244

3248


3256
                                                                 Title
                                                                                                                  EPA
 Clean Water Act  Definition of Wa-
   ters of the United States
 NESHAP:   Reciprocating   Internal
   Combustion Engine
 NPDES  Permit  Requirements  for
   Municipal Sanitary and Combined
   Sewer Collection Systems, Munic-
   ipal Satellite Collection Systems,
   Sanitary  Sewer  Overflows,  and
   Peak Excess Flow Treatment Fa-
   cilities
 National  Primary  Drinking  Water
   Regulations: Stage  2 Disinfection
   Byproducts Rule
 Minimizing  Adverse  Environmental
   Impact from Cooling Water Intake
   Structures  at Existing  Facilities
   Under  Section  316(b)  of  the
   Clean  Water Act, Phase 3
 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
 Cross-Media  Electronic  Reporting
   (ER) and Recordkeeping Rule
 Utilization of Small,  Minority  and
   Women's  Business Enterprises in
   Procurement  Under  Assistance
   Agreements
 Persistent,   Bioaccumulative,  and
   Toxic (PBT) Pollutants Strategy
 Review of Minor New Sources and
   Modifications in Indian Country
 NESHAP: Combustion Turbine
 Electric  Utility Steam  Generating
   Unit MACT Regulation
 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
 NESHAP:   Miscellaneous    Metal
   Parts   and   Products   (Surface
   Coating)
 3rotection of Stratospheric  Ozone:
   Refrigerant    Recycling    Rule
  Amendment To Include Substitute
   Refrigerants
NESHAP: Municipal  Solid  Waste
  Landfills
NESHAP: Publicly  Owned  Treat-
  ment  Works  (POTW)—Amend-
  ments II
Operating Permits:  Revisions  (Part
  70)
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                Federal Register/VoL 67,  No.  236/Thursday, November 21,  2002/Small  Entities Index
    Small Governmental Jurisdictions—Cont.
                                     Seq.
                                      No.
     Seq.
     No.
    3267

    3293


    3323



    3378




    3382

    3385

    3386


    3393

    3399


    3401

    3403



    3404

    3407




    3422


    3432



     3436


     3460



     3468
              Title
Federal Plan  for Small  Municipal
  Waste Combustion Units
Federal Major New  Source Review
  (NSR) Program for Nonattainment
  Areas
Rescinding Finding That Preexisting
  PM10 Standards Are No Longer
  Applicable   in   Northern   Ada
  County/Boise, Idaho
Polychlorinated Biphenyls (PCBs);
  Exemptions From the Prohibitions
  Against    Manufacturing,    Proc-
  essing,  and Distribution in  Com-
  merce
Follow-Up Rules on Existing Chemi-
  cals
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Acrylamlde         and         N-
  methylolacrylamide Grouts
Chemical   Right-to-Know   Initiative;
  High  Production  Volume  (HPV)
  Chemicals
Asbestos  Model Accreditation  Plan
  Revisions
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
Notice of  TSCA Section  4 Reim-
  bursement Period and TSCA Sec-
  tion  12(b) Export  Notification Pe-
  riod Sunset Dates for TSCA Sec-
  tion 4 Substances
Revisions  to  Solid  Waste Landfill
  Criteria—Leachate  Recirculation
  on Alternative Liners
Revisions  to   the  Comprehensive
  Guideline  for  Procurement  of
  Products Containing  Recovered
  Materials
Research, Development,  and Dem-
  onstration  Permits for Municipal
  Solid Waste Landfill
Revise 40 CFR Part 35 Subpart O:
  Cooperative   Agreements   and
  Superfund  State  Contracts  for
  Superfund Response Actions
Test Procedures for the Analysis of
  Co-Planar and Mono-Ortho-Sub-
  stituted Polychlorinated Biphenyls
  (PCBs)  Under the  Clean  Water
  Act
3474

3477




3480


3494


3495



3496




3497



3498



3500



3501

3506

3517

3521
                    Title
                                     Seq.
                                     No.
 Seq.
 No.
  135
                                                 3113
Ocean  Discharges  Criteria  Revi-
  sions
National Pollutant Discharge Elimi-
  nation  System  Permit Require-
  ments for Municipal  Wastewater
  Treatment During Wet Weather
  Conditions
Test Procedures for Analysis for Bi-
  ological    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
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
  Miscellaneous   Metals,   Anions,
  and Volatile Organics Under  the
  Clean Water Act, Phase Two
Streamlining      the      General
  Pretreatment Regulations for  Ex-
  isting and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
  III
Revision to Clean Water Act Regu-
  latory Definition of Fill Material
National  Primary  Drinking  Water
  Regulations: Aldicarb
Shore  Protection   Act,   Section
  4103(b) Regulations
          Small Organizations
               Title
                     EPA
 National  Primary  Drinking  Water
   Regulations: Stage 2 Disinfection
   Byproducts Rule
 Utilization  of  Small,  Minority and
   Women's Business Enterprises in
   Procurement  Under  Assistance
   Agreements
3122

3177

3360


3370


3384


3385

3386


3403



3404

3407




3468




3480


3494


3495



3496




3497



3498



3517
                                                                                                               : Title
Persistent,   Bipaccumulative,  and
  Toxic (PBT) Pollutants Strategy
Control  of  Methyl  Tertiary  Butyl
  Ether (MTBEJ
Pesticides;  Data Requirements for
  Biochemical  and Microbial Prod-
  ucts
Plant-Incorporated Protectants (For-
  merly     Plant     Pesticides)
  Rulemakings
TSCA  Policy Statement  on Over-
  sight  of Transgenic Organisms
  (Including Plants)
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based  Paint Abatement Ac-
  tivities and Training
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
Notice of TSCA Section 4 Reim-
  bursement Period and TSCA Sec-
  tion  12(b) Export Notification Pe-
  riod  Sunset Dates for TSCA Sec-
  tion 4 Substances
Test Procedures for the Analysis of
  Co-Planar and Mono-Ortho-Sub-
  stituted  Polychlorinated  Biphenyls
  (PCBs)  Under the  Clean Water
  Act
Test Procedures for Analysis for Bi-
  ological   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 ;
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
  Miscellaneous  Metals,   Anions,
  and Volatile' Organics Under the
  Clean Water Act, Phase Two
National   Primary  Drinking Water
  Regulations:; Aldicarb
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-------
                    D. INDEX TO ENTRIES THAT  MAY AFFECT GOVERNMENT LEVELS
          Executive Order 12866 entitled  "Regulatory Planning and Review" (October 4,  1993; 58 FR 51735) and
     the  Unfunded  Mandates  Reform  Act  of 1995  (P.L.  104-4)  direct  agencies  to assess the  effects  of Federal
     regulations  on  State, local, and tribal  governments.  In addition, Executive Order 12875 entitled  "Enhancing
     the Intergovernmental Partnership" (October 26, 1993; 58 FR 58093) directs agencies  to reduce the imposition
     of unfunded  mandates upon  State,  local,  and tribal governments. In keeping  with these  efforts, agencies
     include in their submissions for The Regulatory Plan and the Unified Agenda information  on whether their
     regulatory actions have an effect on various levels of government.
          The  following index  lists  the  regulatory actions  in this  publication that  agencies  believe may  have
     effects  on  State, local, tribal,  or Federal  levels  of  government.  The Sequence  Number  (Seq. No.)  of the
     entry identifies the location of the entry in this edition. For further information, see the Regulatory Information
     Service Center's Introduction to The Regulatory Plan and the  Unified Agenda in part II of this  issue.
     Seq.
      No.
      115

      118

      120

      122

      123


      125

      126


      127




      129


      130


      133
      134
               State Government
             Title
                        EPA
Pesticides;  Emergency Exemption
  Process Revisions
Clean Water Act Definition of Wa-
  ters of the United States
NESHAP:   Reciprocating   Internal
  Combustion Engine
NESHAP: Surface Coating of Auto-
  mobiles and Light-Duty Trucks
Transportation Conformity Amend-
  ments:  Response  to  March  2,
  1999, Court Decision
Implementation  Rule  for   8-hour
  Ozone NAAQS
Control of Emissions of Air Pollution
  from Nonroad Diesel Engines and
  Fuel
Prevention of Significant Deteriora-
  tion (PSD) and  Nonattainment
  New Source Review (NSR): Rou-
  tine Maintenance,  Repair, and
  Replacement
Modifications to RCRA Rules Asso-
  ciated With Solvent-Contaminated
  Shop Towels and Wipes
Revision of Wastewater Treatment
  Exemptions for Hazardous  Waste
  Mixtures
NPDES  Permit Requirements for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary Sewer  Overflows, and
  Peak Excess Flow Treatment Fa-
  cilities
National   Primary   Drinking  Water
  Regulations: Long  Term 2 En-
  hanced Surface Water Treatment
  Rule
                                  Seq.
                                   No.
 135


 136




 137


 138

 139


 141

 142


 143

 144

 145


 146




 147




 148

3113
                                                                Title
National  Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
Minimizing Adverse Environmental
  Impact from Cooling Water Intake
  Structures  at  Existing  Facilities
  Under  Section  316(b)  of  the
  Clean Water Act, Phase 3
Watershed Rule:  Total  Maximum
  Daily Load (TMDL) Program Revi-
  sions
Withdrawal of Total Maximum Daily
  Load (TMDL) Program Revisions
Overview  of  Rulemakings  for  the
  Purpose of Reducing  Interstate
  Ozone Transport
Management  of  Cement  Kiln Dust
  (CKD)
Standardized Permit for RCRA Haz-
  ardous  Waste Management  Fa-
  cilities
Office of  Solid Waste  Burden  Re-
  duction  Project
National  Primary  Drinking  Water
  Regulations: Groundwater Rule
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   Guidelines   and
  Standards for  Concentrated Ani-
  mal Feeding Operations (CAFOs)
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
Cross-Media  Electronic  Reporting
  (ER) and Recordkeeping Rule
Utilization  of  Small, Minority  and
  Women's Business Enterprises in
  Procurement  Under  Assistance
  Agreements
                                        Seq.
                                         No.
3122

3132


3134



3137

3148
3157
3160

3163

3165
3167


3168

3173
3177

3179
                                                                                                        Title
Persistent,  Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
Regulatory Incentives  for the  Na-
  tional Environmental  Performance
  Track Program
Project XL Site-Specific Rulemaking
  for NASA White Sands Test Facil-
  ity Electronic  Reporting  in  Las
  Cruces, New Mexico
New Jersey Gold Track Project XL
  Rule
Performance  Specification  16  -
  Specifications  and Test Proce-
  dures   for  Predictive  Emission
  Monitoring  Systems in  Stationary
  Sources
NESHAP: Lime Manufacturing
NESHAP: Primary Magnesium  Re-
  fining
Electric  Utility  Steam  Generating
  Unit MACT Regulation
Rulemaking To Modify the List of
  Source  Categories From Which
  Fugitive  Emissions Are Consid-
  ered in Major Source Determina-
  tions
National  VOC Emission Standards
  for Consumer Products; Proposed
  Amendments
NESHAP: Taconite Iron Ore Proc-
  essing Industry
NESHAP:   Sources  Categories:
  General Provisions; and Require-
  ments for Control Technology De-
  terminations for Major Sources in
  Accordance With  Clean Air  Act
  Sec.112(g)  &  1120);  Proposed
  Amendments
Control of Methyl  Tertiary  Butyl
  Ether (MTBE)
NESHAP: Printing and Publishing
  Industry; Amendments
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-------
              Federal Register/Vol.  67, No.  236/Thursday,  November  21, 2002 /Government Levels  Index
            State Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3181


     3184

     3186




     3187



     3201
     3221
     3223
     3231
     3235

     3236
     3245

     3253
     3256

     3258

     3264




     3265


     3278


     3281

     3287
              Title
Inspection  Maintenance   Program
  Requirements for Federal  Facili-
  ties; Amendment to the Final Rule
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
Revisions to Regional Haze Rule to
  Address Concerns Raised by  DC
  Circuit  Regarding Best Available
  Retrofit Technology (BART)
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source   Review   (NSR):
  Clean Units
NESHAP: Fumed Silica Production
Phase I (FIP) To Reduce the  Re-
  gional Transport of Ozone in  the
  Eastern United States
NESHAP:    Miscellaneous   Metal
  Parts   and  Products   (Surface
  Coating)
NESHAP:  Fabric  Printing, Coating
  and Dyeing
NESHAP: Site Remediation
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New  Source   Review   (NSR):
  Baseline   Emissions  Determina-
  tion,       Actual-to-Future-Actual
  Methodology, Plantwide  Applica-
  bility
Operating  Permits: Revisions (Part
  70)
Metal  Furniture  (Surface  Coating)
  NESHAP
Interstate  Ozone  Transport:  Re-
  sponse to Court Decisions on  the
  NOx SIP  Call,  NOx  SIP  Call
  Technical Amendments, and Sec-
  tion 126 Rules
Clarification  to  Existing   Part  63
  NESHAP Delegations' Provisions-
  Work Practices
Reduction of the Ambient Air Moni-
  toring Fine Particulate Collocated
  Precision Requirement.
Revision  of  Combustion  Turbines
  NSPS - Part 60, Subpart GG
Accidental Release Prevention  Re-
  quirements:  Risk   Management
  Programs  Under  the  Clean  Air
  Act, Section 112(r)(7); Third Party
  Audit Provisions
3289




3292


3293


3294

3295


3298

3299



3313


3326


3342

3343


3345




3371

3374

3377


3380


3383



3385

3386


3393

3401
                                                                     Title
                                           Seq.
                                            No.
Accidental Release Prevention Re-
  quirements:   Risk   Management
  Programs  Under  the  Clean Air
  Act,  Section  112(r)(3);  Revisions
  to the List of Substances
Revised  Permit  Revision  Proce-
  dures for the Federal  Operating
  Permits Program
Federal Major New Source  Review
  (NSR) Program for Nonattainment
  Areas
General  Conformity  Regulations;
  Revisions
Revisions  to   Air Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H, 40 CFR Part 51)
NSPS  and Emission Guidelines for
  Other Solid  Waste Incinerators
Prevention of Significant  Deteriora-
  tion of Air Quality: Permit Applica-
  tion  Review Procedures for Non-
  Federal Class I Areas
NESHAP:  Shipbuilding  and  Ship
  Repair Surface Coating — Resid-
  ual Risk Standards
National  Emission  Standards for
  Coke Oven Batteries — Residual
  Risk Standards
NESHAP:  Polyvinyl  Chloride  and
  Copolymers Production
Notice  and Response  to Court Re-
  mand on NOx SIP Call and Sec-
  tion 126 Petitions
Transportation   Conformity   Rule
  Amendments: Minor Revision and
  Addition  of  Grace  Period for
  Newly Designated Nonattainment
  Areas
Pesticide  Management   and   Dis-
  posal
Groundwater  and  Pesticide  Man-
  agement Plan Rule
Lead-Based  Paint Activities; Train-
  ing and Certification for Renova-
  tion and Remodeling
Test Rule; Certain Chemicals on the
  ATSDR  Priority List of Hazardous
  Substances
Significant New Use Rule; Selected
  Flame Retardant Chemical  Sub-
  stances  for  Use  in Residential
  Upholstered Furniture
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead;  Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Acrylamide        and         N-
  methylolacrylamide Grouts
Asbestos Model Accreditation Plan
  Revisions
3403



3404

3405

3409

3410



3411



3412
3415


3418

3419

3420
                                                                                            3421
                                                                                            3422
3428

3429



3430



3432



3434
                                                                                            3435

                                                                                            3436
                                                                                                               Title
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
Voluntary Children's Chemical Eval-
  uation Program (VCCEP)
TRI; Review  of Chemicals on the
  Original TRI List
TRI; Responses  to  Petitions  Re-
  ceived To Add or Delete or Mod-
  ify Chemical Listings on the Toxic
  Release Inventory
TRI; Revisions to  the  Otherwise
  Use  Activity Exemptions and the
  Coal Extraction  Activities Exemp-
  tion
Rulemaking To: Change Toxics Re-
  lease Inventory  (TRI)  Reporting
  Requirements From Standard In-
  dustrial Classification (SIC)  Codes
  to North American Industrial Clas-
  sification System
Emergency Planning and  Commu-
  nity  Right-to-Know Act: Amend-
  ments and Streamlining Rule
TRI; Chemical Expansion; Finaliza-
  tion of Deferred  Chemicals
TRI; Pollution Prevention Act Infor-
  mation Requirements
Land Disposal' Restrictions;  Notice
  of   Data   Availability:   Mercury
  Treatability Studies
Methods Innovation Rule
Revisions  to  Solid  Waste Landfill
  Criteria—Leachate   Recirculation
  on Alternative Liners
RCRA Burden' Reduction  Initiative,
  Phase 2
Project XL Site-Specific Rulemaking
  for   Anne  '  Arundel   County
  Millersville L4ndfill,' Severn, Mary-
  land
Project XL Site-Specific Rulemaking
  for the IBM Semiconductor  Manu-
  facturing   Facility  in  Hopewell
  Junction, New York
Revisions  to  the  Comprehensive
  Guideline   for  Procurement  of
  Products Containing  Recovered
  Materials
Criteria for  Classification  of Solid
  Waste   Disposal  Facilities  and
  Practices and Criteria for  Munic-
  ipal  Solid  Waste  Landfills:  Dis-
  posal of Residential  Lead-Based
  Paint Waste
Municipal Solid Waste Landfill Loca-
  tion Restrictions for Airport Safety
Research, Development, and Dem-
  onstration Permits for Municipal
  Solid Waste Landfill
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-------
               Federal Register/Vol. 67, No. 236/Thursday,  November 21, 2002/Government Levels  Index
             State Government—Cont.
                                     Seq.
                                      No.
      Seq.
      No.
      3439





      3441



      3442


      3443

      3444
      3446





      3447



      3448

      3449





      3450





      3451


      3452



      3453


      3454



      3455

      3458
              Title
e-Cycling Pilot Project for Region 3
  States   (ECOS);    Streamlining
  RCRA Regulations To Encourage
  Reuse, Recycling,  and Recovery
  of Electronic Equipment
Standards for the Management of
  Coal  Combustion  Wastes  Gen-
  erated by  Commercial  Electric
  Power Producers
Standards for the Management of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
Hazardous Waste Manifest Regula-
  tion
Regulation  of Hazardous Oil-Bear-
  ing  Secondary  Materials  From
  Petroleum  Refining Industry and
  Other Hazardous Secondary Ma-
  terials Processed in a Gasification
  System
Listing  Determination  of  Wastes
  Generated  During  the Manufac-
  ture  of Azo, Anthraquinone, and
  Triarylmethane  Dyes and   Pig-
  ments
Recycling  of Cathode  Ray Tubes
  (CRTs)  and  Mercury-Containing
  Equipment:  Changes  to  Haz-
  ardous Waste Regulations
RCRA Subtitle C Financial Test Cri-
  teria (Revision)
Land Disposal  Restrictions;  Treat-
  ment  Standards    for   Spent
  Potliners from  Primary Aluminum
  Reduction  (K088) and Regulatory
  Classification of K088 Vitrification
  Units
NESHAPS:   Standards  for  Haz-
  ardous Air  Pollutants for  Haz-
  ardous  Waste  Combustors  —
  Phase  II  Covering Boilers  and'
  Certain Industrial Furnaces
NESHAPS:   Standards  for  Haz-
  ardous Air  Pollutants for  Haz-
  ardous Waste Combustors
Paint Manufacturing Wastes Listing:
  Hazardous  Waste  Management
  System: Identification and Listing
  of Hazardous Waste
Requirements  for  Zinc Fertilizer
  Made From Recycled Hazardous
  Secondary Materials
Project XL Site-Specific Ruiemaking
  for Implementing   Waste Treat-
  ment  Systems  at  Two Virginia
  Landfills
Oil  Pollution  Prevention Regulation:
  Revisions
Standards  and  Practices for  Con-
  ducting "All Appropriate Inquiry"
3459



3460



3461


3466




3467

3468





3469


3470



3471




3474

3477




3480


3481


3482


3483


3486

3487
                                                                     Title
                                            Seq.
                                            No.
Clarification  to  Interim Standards
  and  Practices for All Appropriate
  Inquiry Under CERCLA  and No-
  tice of Future Ruiemaking Action
Revise 40 CFR Part 35 Subpart O:
  Cooperative   Agreements   and
  Superfund  State  Contracts  for
  Superfund Response Actions
National  Priorities  List for Uncon-
  trolled  Hazardous Waste   Sites:
  Proposed and Final Rules
Revisions to  the National Oil and
  Hazardous  Substances  Pollution
  Contingency   Plan;  Subpart  J
  Product Schedule Listing Require-
  ments
Water  Quality  Standards  for Ala-
  bama—Phase II
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
  Mercury Under the Clean  Water
  Act (Method 245.7)
Revisions to Method Detection and
  Quantification for Use Under the
  Clean Water Act and Safe Drink-
  ing Water Act
Test Procedures: New and Updated
  Test Procedures for the  Analysis
  of Pollutants  Under the  Clean
  Water  Act  and  Safe  Drinking
  Water Act
Ocean  Discharges  Criteria   Revi-
  sions
National  Pollutant  Discharge  Elimi-
  nation  System  Permit  Require-
  ments  for Municipal  Wastewater
  Treatment  During  Wet  Weather
  Conditions
Test Procedures for Analysis  for Bi-
  ological   Contaminants    under
  Clean Water Act
Test Procedures: Clean Water Act
  and  Safe  Drinking  Water Act
  Methods Update
Test Procedures for the Analysis of
  Mercury Under the Clean  Water
  Act (Revisions to Method 1631)
Rule to  Revise  and  to  Ratify or
  Withdraw Whole  Effluent Toxicity
  Test Methods
Round  2 Standards for the Use or
  Disposal of Sewage Sludge
Modification to Competitive Process
  Used by  EPA for Water Quality
  Cooperative   Agreements    and
  Wetland  Program  Development
  Grants
3488




3489


3490




3491


3492



3493

3494


3495



3496




3497



3498



3500



3501

3502


3503



3504
                                                                                            3506
                                                                                                                 Title
Revisions  to  Minimizing  Adverse
  Environmental   Impacts   From
  Cooling Water Intake Structures
  Under  Section  316(b)  of  the
  Clean Water Act — Phase I
Effluent Guidelines  and Standards
  for the Construction and  Develop-
  ment Industry
Effluent Guidelines  and Standards
  for the  Pulp, Paper,  and Paper-
  board  Point  Source  Category,
  Dissolving  Kraft and Dissolving
  Sulfite Subcategories  (Phase III)
Effluent Guidelines  and Standards
  for the Concentrated  Aquatic Ani-
  mal Production Industry
Effluent Guidelines  and Standards
  for the Meat and Poultry Products
  Point  Source  Category  (Revi-
  sions)
Water  Quality  Standards for Indian
  Country Waters
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
Test Procedures for the Analysis of
  Miscellaneous   Metals,  Anions,
  and Volatile Organics Under  the
  Clean Water Act, Phase Two
Streamlining      the     General
  Pretreatment Regulations for Ex-
  isting  and New Sources  of Pollu-
  tion
NPDES Streamlining Rule — Round
  III
Clean Water State Revolving  Fund
  Regulation Revisions  Re: Use as
  Matching Funds
Effluent Guidelines and Standards
 , for the Iron  and Steel  Manufac-
  turing Point Source Category (Re-
  visions)
Effluent Guidelines and Standards
  for  the  Bleached  Papergrade
  Kraft  Subcategory  of the  Pulp,
  Paper, and Paperboard Category;
  Certification in  Lieu of Monitoring
  for Chloroform
Revision to Clean Water Act Regu-
  latory Definition of Fill  Material
VerDate Sep<23>2002   14:19 Dec 11,2002  Jkt 000000  PO 00000  Frm 00003  Fmt 1256 Sfmt1256  C:\DOCS\UA021~12.TXT  GSA1  PsN: RISC

-------
              Federal  Register/Vol. 67,  No.  236/Thursday, November  2.1, 2002/Government Levels  Index
            State Government—Cont.
                                     Seq.
                                     No.
     Seq.
      No.
     3513
     3515



     3516

     3517

     3519
              Title
     Seq.
      No.
      118

      120

      122

      123


      125

      126


      127




      133
      134
      135
Unregulated  Contaminant   Moni-
  toring    Regulation:   Analytical
  Method for Aeromonas & National
  Primary   &  Secondary  Drinking
  Water   Regulations:  Analytical
  Methods  for Chemical  &  Micro-
  biological Contaminants
Minor Revisions to the Public Notifi-
  cation  Rule,  Consumer   Con-
  fidence Report Rule, and Primacy
  Rule
National  Primary  Drinking  Water
  Regulations: Radon
National  Primary  Drinking  Water
  Regulations: Aldicarb
Update of State Underground Injec-
  tion Control Programs
               Local Government
              Title
                         EPA
Clean Water Act Definition  of Wa-
  ters of the United States
NESHAP:   Reciprocating   Internal
  Combustion Engine
NESHAP:  Surface Coating of Auto-
  mobiles  and Light-Duty Trucks
Transportation  Conformity Amend-
  ments:  Response  to March  2,
  1999, Court Decision
Implementation  Rule  for  8-hour
  Ozone NAAQS
Control of  Emissions of Air Pollution
  from Nonroad Diesel Engines and
  Fuel
Prevention of Significant Deteriora-
  tion  (PSD)  and   Nonattainment
  New Source Review (NSR): Rou-
  tine  Maintenance,   Repair, and
  Replacement
NPDES Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary Sewer  Overflows, and
  Peak Excess Flow  Treatment Fa-
  cilities
National   Primary  Drinking  Water
  Regulations: Long  Term 2  En-
  hanced  Surface Water Treatment
  Rule
National   Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
 136




 143

 144

 145


 146




 147




 148

3113



3122

3157
3163

3165




3167


3179

3184

3187
                                                3221
                                                3223
                                                3231
3235

3236
3245
                                                                    Title
                                           Seq.
                                           No.
Minimizing  Adverse Environmental
  Impact from Cooling Water Intake
  Structures at  Existing  Facilities
  Under  Section  316(b)  of  the
  Clean Water Act,  Phase 3..
Office of Solid Waste Burden  Re-
  duction Project
National  Primary  Drinking  Water
  Regulations: Groundwater Rule
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   Guidelines   and
  Standards for  Concentrated Ani-
  mal Feeding Operations (CAFOs)
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
Cross-Media  Electronic  Reporting
  (ER) and Recordkeeping Rule
Utilization  of Small,  Minority  and
  Women's Business Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,   and
  Toxic (PBT) Pollutants Strategy
NESHAP: Lime Manufacturing
Electric Utility  Steam  Generating
  Unit MACT Regulation
Rulemaking  To Modify  the  List of
  Source  Categories From Which
  Fugitive Emissions Are  Consid-
  ered in Major Source Determina-
  tions
National VOC  Emission  Standards
  for Consumer Products; Proposed
  Amendments
NESHAP:  Printing  and  Publishing
  Industry; Amendments
Revising  Regulations  on Ambient
  Air Quality Monitoring
Revisions to Regional Haze Rule to
  Address Concerns Raised by DC
  Circuit Regarding Best Available
  Retrofit Technology (BART)
NESHAP: Fumed Silica Production
Phase  I (FIP)  To Reduce  the  Re-
  gional Transport  of Ozone in the
  Eastern United States
NESHAP:    Miscellaneous   Metal
  Parts  and  Products  (Surface
  Coating)
NESHAP:  Fabric  Printing,  Coating
  and Dyeing
NESHAP: Site Remediation
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
                                                                               3253
3256

3264




3265


3267

3278


3281

3287




3289




3292


3293


3295


3298

3342

3377


3380


3385

3386


3393

3401
                                                                                                               Title
Prevention of Significant Deteriora-
  tion  .(PSD)  and  Nonattainment
  New  Source   Review   (NSR):
  Baseline  Emissions  .Determina-
  tion,      Actual-to-Future-Actual
  Methodology,  Plantwide  Applica-
  bility
Operating  Perrhits: Revisions (Part
  jo)      : :
Interstate  Ozone  Transport:   Re-
  sponse to Court Decisions on the
  NOx  SIP  Call,  NOx SIP   Call
  Technical Amendments, and Sec-
  tion 126 Rules
Clarification  to   Existing  Part  63
  NESHAP Delegations' Provisions-
  Work Practices
Federal Plan for Small Municipal
  Waste Combustion Units
Reduction  of the  Ambient Air Moni-
  toring Fine Particulate Collocated
  Precision Requirement.
Revision  of  Combustion Turbines
  NSPS - Part 60, Subpart GG
Accidental Release Prevention  Re-
  quirements:  Risk  Management
  Programs  Under the  Clean  Air
  Act, Section 112(r)(7); Third Party
  Audit Provisions
Accidental Release Prevention  Re-
  quirements:  Risk  Management
  Programs  Under the  Clean  Air
  Act,  Section  1.12(r)(3); Revisions
  to the List of Substances
Revised  Permit   Revision  Proce-
  dures for the  Federal Operating
  Permits Program
Federal Major New Source Review
  (NSR) Program for Nonattainment
  Areas
Revisions  to Air Pollution Emer-
  gency   Episode   Requirements
  (Subpart H, 40  CFR Part 51)
NSPS  and Emission Guidelines for
  Other Solid Waste Incinerators
NESHAP:  Polyvinyl  Chloride   and
  Copolymers Production
Lead-Based  Paint Activities; Train-
  ing and Certification for  Renova-
  tion and Remodeling
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances '.
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based Paint Abatement Ac-
  tivities and Training
Acrylamide        and        N-
  methylolacrylamide Grouts
Asbestos Model  Accreditation  Plan
  Revisions
VorDalo Sep<23>2002  14:19 Deo 11,2002  Jkt000000  PO 00000  Frm 00004  Fmt1256  Sfmt1256 C:\DOCS\UA021-12.TXT  GSA1  PsN: RISC

-------
               Federal Register/Vol.  67,  No.  2 36/Thursday, November 21,  2 002/Government Levels  Index
             Local Government—Cont.
                                      Seq.
                                      No.
      Seq.
       No.
      3403



      3404

      3405

      3415
      3421
      3422
      3428

      3429



      3432



      3435

      3436


      3439




      3441



      3442


      3447



      3449
     3455

     3458

     3459
               Title
 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
 Voluntary Children's  Chemical Eval-
   uation Program (VCCEP)
 Emergency Planning and Commu-
   nity Right-to-Know Act:  Amend-
   ments and  Streamlining Rule
 Methods Innovation Rule
 Revisions  to Solid  Waste Landfill
   Criteria—Leachate   Recirculation
   on Alternative Liners
 RCRA Burden  Reduction Initiative,
•   Phase 2
 Project XL Site-Specific Rulemaking
   for   Anne   Arundel   County
   Millersville  Landfill, Severn,  Mary-
   land
 Revisions  to the  Comprehensive
   Guideline  for   Procurement  of
   Products  Containing  Recovered
   Materials
 Municipal Solid Waste Landfill Loca-
   tion Restrictions for Airport Safety
 Research, Development, and  Dem-
   onstration  Permits  for Municipal
   Solid Waste Landfill
 e-Cycling Pilot Project for Region 3
   States   (ECOS);    Streamlining
   RCRA Regulations To Encourage
   Reuse,  Recycling,  and Recovery
   of Electronic Equipment
Standards for the Management  of
   Coal  Combustion  Wastes  Gen-
   erated   by  Commercial  Electric
   Power Producers
Standards for the Management  of
   Coal Combustion Wastes — Non-
   Power Producers and Minefilling
Recycling of  Cathode Ray  Tubes
   (CRTs)  and  Mercury-Containing
   Equipment:  Changes  to  Haz-
  ardous Waste Regulations
Land Disposal  Restrictions;  Treat-
  ment  Standards    for   Spent
  Potliners  from Primary Aluminum
  Reduction (K088) and Regulatory
  Classification of K088 Vitrification
  Units
Oil Pollution Prevention  Regulation:
  Revisions
Standards and  Practices for  Con-
  ducting "All  Appropriate Inquiry"
Clarification  to  Interim  Standards
  and Practices for All Appropriate
  Inquiry Under CERCLA and No-
  tice of Future Rulemaking Action
 3460



 3461


 3468





 3469


 3470



 3471





 3480


 3481


 3482


 3483


 3486

 3487




 3489


 3492



 3494


3495



3496
                                                                      Title
                                            Seq.
                                             No.
 Revise 40 CFR Part 35 Subpart O:
   Cooperative   Agreements   and
   Superfund  State  Contracts  for
   Superfund Response Actions
 National  Priorities List  for  Uncon-
   trolled  Hazardous  Waste  Sites:
   Proposed and Final Rules
 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
   Mercury Under the Clean Water
   Act (Method 245.7)
 Revisions to Method Detection and
   Quantification for Use Under the
   Clean Water Act and Safe Drink-
   ing Water Act
 Test Procedures: New and Updated
   Test  Procedures for the Analysis
   of  Pollutants Under  the  Clean
   Water  Act  and  Safe  Drinking
   Water Act
 Test Procedures for Analysis for Bi-
   ological    Contaminants   under
   Clean Water Act
 Test Procedures: Clean Water Act
   and   Safe Drinking Water   Act
   Methods Update
 Test Procedures for the Analysis of
   Mercury Under the  Clean Water
   Act (Revisions to Method 1631)
 Rule  to Revise and  to  Ratify  or
   Withdraw  Whole Effluent Toxicity
   Test Methods
 Round 2 Standards for the Use or
   Disposal of Sewage Sludge
 Modification  to Competitive Process
   Used by EPA for Water Quality
   Cooperative   Agreements   and
   Wetland  Program   Development
   Grants
 Effluent  Guidelines and  Standards
   for the Construction and Develop-
   ment Industry
 Effluent  Guidelines and  Standards
  for the Meat and Poultry Products
   Point   Source  Category   (Revi-
  sions)
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
                                                                                 3497
 3498
 3500
                                                                                             3501
3502
                                                                                             3503
3504
3506

3513
3515



3516

3517

3521
                                                                                                                  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
   Miscellaneous   Metals,  Anions,
   and Volatile Organics  Under the
   Clean Water Act, Phase Two
 Streamlining      the      General
   Pretreatment Regulations for Ex%
   isting  and New Sources of Pollu-
   tion          .      .    •
 NPDES  Streamlining Rule — Round
   HI
 Clean Water State Revolving Fund
   Regulation Revisions Re: Use- as
   Matching Funds      ;
 Effluent  Guidelines and  Standards
   for the Iron  and Steel  Manufac-
   turing  Point. Source Category (Re-
   visions)
 Effluent  Guidelines and  Standards
   for  the  Bleached  Papergrade
   Kraft  Subcategory  of  the  Pulp,
   Paper, and Paperboard Category;
   Certification in  Lieu of Monitoring
   for Chloroform
 Revision to Clean Water Act Regu-
   latory Definition of Fill Material
 Unregulated   Contaminant   Moni-
   toring    Regulation:    Analytical
   Method for Aerpmonas & National
   Primary  &  Secondary  Drinking
   Water    Regulations:   Analytical
   Methods  for Chemical &  Micro-
   biological Contaminants
 Minor Revisions to the Public Notifi-
   cation   Rule,   Consumer  Con-
   fidence Report Rule, and Primacy
   Rule
 National   Primary  Drinking  Water
   Regulations: Radon
 National   Primary  Drinking  Water
   Regulations: Aldicarb
 Shore   Protection   Act,   Section
  4103(b) Regulations
          Tribal Government
                                                                                            Seq.
                                                                                             No.
 118

 123


 125
                    Title
                                                                                                                 EPA
Clean Water Act  Definition of Wa-
  ters of the United States
Transportation Conformity  Amend-
  ments:  Response  to March  2,
  1999, Court Decision
Implementation   Rule  for  8-hour
  Ozone NAAQS
VerDate Sep<23>2002   14:19 Dec 11,2002  JktOOOOOO  POOOOOO Frm 00005  Fmt 1256 Sfmt1256  C:\DOCS\UA021-12.TXT  GSA1  PsN: RISC

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             Federal Register/Vol. 67,  No.  236/Thursday, November 21, 2002 / Government  Levels Index
           Tribal Government—Cont.
                                     Seq.
                                     No.
     Seq.
     No.
      127
      133
      134



      135


      136




      137


      138

      143

      144

      146




      147




      148

     3113



     3122

     3147

     3157
     3165
              Title
Prevention of Significant Deteriora-
  tion  (PSD)  and  Nonattainment
  New Source Review (NSR): Rou-
  tine  Maintenance,  Repair,  and
  Replacement
NPDES  Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection Systems,
  Sanitary  Sewer Overflows,  and
  Peak Excess Flow Treatment Fa-
  cilities
National  Primary  Drinking  Water
  Regulations: Long Term 2 En-
  hanced Surface Water Treatment
  Rule
National  Primary  Drinking  Water
  Regulations: Stage 2 Disinfection
  Byproducts Rule
Minimizing  Adverse  Environmental
  Impact from Cooling Water Intake
  Structures  at  Existing  Facilities
  Under Section  316(b)   of the
  Clean Water Act, Phase 3
Watershed   Rule: Total Maximum
  Daily Load (TMDL) Program Revi-
  sions
Withdrawal of Total  Maximum Daily
  Load (TMDL) Program Revisions
Office  of Solid Waste  Burden Re-
  duction Project
National  Primary  Drinking  Water
  Regulations: Groundwater Rule
National  Pollutant Discharge  Elimi-
  nation System  Permit Regulation
  and   Effluent  Guidelines   and
  Standards for Concentrated Ani-
  mal Feeding Operations (CAFOs)
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
Cross-Media  Electronic  Reporting
  (ER) and Recordkeeping Rule
Utilization of  Small,  Minority and
  Women's  Business Enterprises in
  Procurement  Under  Assistance
  Agreements
Persistent,   Bioaccumulative,  and
  Toxic (PBT) Pollutants Strategy
Review of Minor  New Sources and
  Modifications in Indian Country
NESHAP: Lime Manufacturing
Rulemaking To  Modify  the  List of
•  Source Categories  From Which
  Fugitive  Emissions Are  Consid-
  ered in Major Source Determina-
  tions .
3167


3184

3187



3245

3257


3265


3287




3289




3292


3293


3295


3299



3351




3374

3377


3380


3385

3386


3393

3401
                                                                    Title
                                           Seq.
                                            No.
National VOC  Emission Standards
  for Consumer Products; Proposed
  Amendments
Revising  Regulations  on  Ambient
  Air Quality Monitoring
Revisions to Regional Haze Rule to
  Address Concerns Raised by DC
  Circuit  Regarding Best Available
  Retrofit Technology (BART)
NESHAP: Asphalt/Coal Tar Applica-
  tion on Metal Pipes
Federal  Implementation Plans for
  Indian Reservations in Idaho, Or-
  egon and Washington
Clarification  to  Existing   Part 63
  NESHAP Delegations' Provisions-
  Work Practices
Accidental Release Prevention Re-
  quirements:   Risk   Management
  Programs  Under  the Clean Air
  Act, Section 112(r)(7); Third  Party
  Audit Provisions
Accidental Release Prevention Re-
  quirements:   Risk   Management
  Programs  Under  the Clean Air
  Act, Section  112(r)(3); Revisions
  to the List of Substances
Revised  Permit  Revision  Proce-
  dures for  the Federal Operating
  Permits Program
Federal  Major  New Source Review
  (NSR) Program for Nonattainment
  Areas
Revisions to  Air  Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H, 40 CFR Part 51)
Prevention  of Significant Deteriora-
  tion of Air Quality: Permit Applica-
  tion Review  Procedures  for Non-
  Federal Class I Areas
Revision  to   Regulations   Imple-
  menting the  Federal Permits Pro-
  gram  in Areas for Which the In-
  dian Country Status  Is  in Ques-
  tion
Groundwater and  Pesticide  Man-
  agement Plan Rule
Lead-Based Paint  Activities; Train-
  ing and Certification  for Renova-
  tion and Rerhodeling
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Lead; Management and Disposal  of
  Lead-Based  Paint Debris
Lead; Notification Requirements for
  Lead-Based  Paint Abatement Ac-
  tivities and Training
Acrylamide        and        N-
  methylolacrylamide Grouts
Asbestos Model Accreditation Plan
  Revisions
3403



3404

3405

3421
3422


3428

3435

3441



3442


3446




3447



3449
3455

3458

3459



3460



3468




3469


3470
                                                                                                               Title
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
Voluntary Children's Chemical  Eval-
  uation Program (VCCEP)
Methods Innovation Rule
Revisions  to Solid, Waste Landfill
  Criteria—Leachate   Recirculation
  on Alternative Liners
RCRA Burden Reduction Initiative,
  Phase 2
Municipal Solid Waste Landfill Loca-
  tion Restrictions for Airport Safety
Standards for the Management of
  Coal Combustion Wastes  Gen-
  erated  by Commercial Electric
  Power Producers
Standards for the Management of
  Coal Combustion Wastes — Non-
  Power Producers and Minefilling
Listing  Determination  of Wastes
  Generated During  the Manufac-
  ture of Azo,| Anthraquinone, and
  Triarylmethaoe  Dyes  and   Pig-
  ments
Recycling  of Cathode  Ray Tubes
  (CRTs)  and; Mercury-Containing
  Equipment: , Changes  to   Haz-
  ardous Waste Regulations
Land Disposal  Restrictions;  Treat-
  ment   Standards   for   Spent
  Potliners from Primary Aluminum
  Reduction (K088) and Regulatory
  Classification of K088 Vitrification
  Units
Oil  Pollution Prevention Regulation:
  Revisions  ;
Standards  and Practices for  Con-
  ducting "All Appropriate Inquiry"
Clarification to  Interim  Standards
  and Practices for All Appropriate
  Inquiry Under CERCLA and No-
  tice of Future Rulemaking Action
Revise 40 CFR Part 35 Subpart O:
  Cooperative   Agreements   and
  Superfund State  Contracts  for
  Superfund Response Actions
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
  Mercury  Under the Clean Water
  Act (Method ;245.7)   :
Revisions to Method Detection and
  Quantification for Use  Under the
  Clean Water Act and Safe  Drink-
  ing Water Act
VorDatO Sap<23>2002  14:19 Dec 11,2002  Jkt 000000  PO 00000 Frm 00006  Fmt 1256  Sfmt 1256  C:\DOCS\UA021-12.TXT  GSA1  PsN: RISC

-------
               Federal Register/Vol. 67,  No.  236/Thursday, November 21,  2002/Government Levels Index
             Tribal Government—Cont,
                                      Seq.
                                       No.
      Seq.
       No.
      3471




      3474

      3480


      3481


      3482


      3483


      3486

      3489


      3491


      3492



      3493

      3494


      3495



      3496




      3497



      3498



      3500



      3501
               Title
 Test Procedures: New and Updated
   Test Procedures for the Analysis
   of Pollutants  Under the  Clean
   Water  Act  and  Safe  Drinking
   Water Act
 Ocean  Discharges  Criteria  Revi-
   sions
 Test Procedures for Analysis for Bi-
   ological    Contaminants   under
   Clean Water Act
 Test Procedures: Clean  Water Act
   and  Safe  Drinking  Water  Act
   Methods Update
 Test Procedures for the Analysis of
   Mercury Under the  Clean Water
   Act (Revisions to Method 1631)
 Rule to Revise  and  to  Ratify or
   Withdraw Whole Effluent Toxicity
   Test Methods
 Round 2 Standards for the Use or
   Disposal of Sewage Sludge
 Effluent  Guidelines and  Standards
   for the Construction and Develop-
   ment Industry
 Effluent  Guidelines and  Standards
   for the Concentrated Aquatic Ani-
   mal Production Industry
 Effluent  Guidelines and  Standards
   for the Meat and Poultry Products
   Point  Source  Category  (Revi-
   sions)
 Water Quality Standards for Indian
   Country Waters
 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
Test Procedures for the Analysis of
   Miscellaneous  Metals,   Anions,
  and Volatile Organics Under the
  Clean Water Act, Phase Two
Streamlining     the      General
  Pretreatment  Regulations for Ex-
  isting and New Sources  of Pollu-
  tion
NPDES Streamlining Rule — Round
 3502


 3506

 3513
3515



3516

3517
                                                                      Title
                                            Seq.
                                            No.
 Clean Water State Revolving  Fund
   Regulation Revisions  Re:  Use as
   Matching Funds
 Revision to Clean Water Act Regu-
   latory Definition of Fill  Material
 Unregulated  Contaminant   Moni-
   toring    Regulation:   Analytical
   Method for Aeromonas & National
   Primary   &  Secondary  Drinking
   Water   Regulations:   Analytical
   Methods  for Chemical  & Micro-
   biological Contaminants
 Minor Revisions to the Public Notifi-
   cation  Rule,   Consumer   Con-
   fidence Report Rule, and Primacy
   Rule
 National  Primary  Drinking  Water
   Regulations: Radon
 National  Primary  Drinking  Water
   Regulations: Aldicarb
Seq.
 No.
 115

 118

 123


 126


 127




 129


 130


 133
 134
          Federal Government
               Title
                    EPA
Pesticides;  Emergency  Exemption
  Process Revisions
Clean  Water Act Definition of Wa-
  ters of the United States
Transportation Conformity Amend-
  ments:  Response  to March  2,
  1999, Court Decision
Control of Emissions of Air Pollution
  from Nonroad Diesel Engines and
  Fuel
Prevention  of Significant Deteriora-
  tion  (PSD) and  Nonattainment
  New Source Review (NSR): Rou-
  tine  Maintenance,  Repair,  and
  Replacement
Modifications to RCRA Rules Asso-
  ciated With Solvent-Contaminated
  Shop Towels and Wipes
Revision  of Wastewater Treatment
  Exemptions for Hazardous Waste
  Mixtures
NPDES Permit  Requirements  for
  Municipal Sanitary and Combined
  Sewer Collection Systems, Munic-
  ipal Satellite Collection  Systems,
  Sanitary  Sewer  Overflows,  and
  Peak Excess Flow Treatment Fa-
  cilities
National  Primary Drinking Water
  Regulations: Long  Term 2  En-
  hanced Surface Water Treatment
  Rule
  13!


  136




  137


  138

  140



  141

  142


  143

  144

  145


  146




  147
  148

3113
3118
3122

3124
3125


3133

3134



3135
                                                                                                                 Title
 National  Primary  Drinking  Water
   Regulations: Stage 2 Disinfection
.  Byproducts Rule
 Minimizing  Adverse  Environmental
   Impact from Cooling Water Intake
   Structures  at  Existing  Facilities
   Under  Section  316(b)   of  the
   Clean Water Act,  Phase 3
 Watershed  Rule: Total  Maximum
   Daily Load (TMDL) Program Revi-
   sions
 Withdrawal  of Total Maximum Daily
   Load (TMDL) Program Revisions
 Control of Emissions of Air Pollution
   From  New  Marine  Compression-
   Ignition Engines At or Above 30
   Liters per Cylinder
 Management  of Cement Kiln Dust
   (CKD)
 Standardized Permit for RCRA Haz-
   ardous Waste  Management Fa-
   cilities
 Office of Solid Waste Burden Re-
   duction Project
 National  Primary Drinking   Water
   Regulations: Groundwater Rule
 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  Guidelines  and
   Standards for Concentrated Ani-
   mal Feeding Operations (CAFOs)
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
Cross-Media   Electronic Reporting
  (ER) and Recordkeeping Rule
Utilization of  Small,  Minority and
  Women's Business Enterprises in
  Procurement Under Assistance
  Agreements
Privacy Act Regulations
 'ersistent,   Bioaccumulative, and
  Toxic (PBT)  Pollutants Strategy
Nondiscrimination  on the Basis  of
  Race,  Color,   National   Origin,
  Handicap, and Age in Programs
  and Activities Receiving Federal
  Financial Assistance
Rewriting of EPA Regulations Im-
  plementing the Freedom of Infor-
  mation Act
EPA  Agencywide  Public  Involve-
  ment Policy
 'reject XL Site-Specific Rulemaking
  for NASA White  Sands Test Facil-
  ity  Electronic Reporting  in Las
  Cruces, New Mexico
 'ublic  Information and Confiden-
  tiality Regulations
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    8       Federal Register/Vol.  67, No. 236/Thursday,  November 21,  2002 / Government Levels Index
           Federal Government—-Cont.
                                     Seq.
                                     No.
     Seq.
     No.
     3140

     3147

     3149
     3157
     3163

     3165
     3167


     3179

     3181


     3184

     3186




     3187



     3201
     3221
     3223
     3231


     3237

     3245

     3253
     3257
              Title
Plastic Parts and Products (Surface
  Coating) NESHAP
Review of Minor New Sources and
  Modifications in Indian Country
Technical Change to Dose Method-
  ology for 40 CFR Part 190, Sub-
  part  B and 40 CFR 191, Subpart
  A
NESHAP: Lime Manufacturing
Electric Utility  Steam Generating
  Unit  MACT Regulation
Rulemaking  To Modify the List of
  Source  Categories  From  Which
  Fugitive Emissions  Are Consid-
  ered in Major Source Determina-
  tions
National VOC Emission Standards
  for Consumer Products; Proposed
  Amendments
NESHAP:  Printing  and  Publishing
  Industry; Amendments
Inspection  Maintenance   Program
  Requirements for Federal  Facili-
  ties; Amendment to the Final Rule
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
Revisions to Regional Haze Rule to
  Address Concerns Raised  by DC
  Circuit  Regarding Best Available
  Retrofit Technology (BART)
Prevention  of Significant  Deteriora-
  tion  (PSD) and  Nonattainment
  New Source   Review   (NSR):
  Clean Units
NESHAP: Fumed Silica Production
Phase I (FIP) To  Reduce the Re-
  gional Transport of Ozone in the
  Eastern United States
NESHAP:    Miscellaneous    Metal
  Parts  and  Products   (Surface
  Coating)
NESHAP: Rocket  Engine Test  Fir-
  ing
NESHAP: Asphalt/Coal Tar Applica-
  tion  on Metal Pipes
Prevention of Significant  Deteriora-
  tion  (PSD) and  Nonattainment
  New  Source   Review   (NSR):
  Baseline  Emissions  Determina-
  tion,       Actual-to-Future-Actual
  Methodology, Plantwide Applica-
  bility
Federal  Implementation  Plans for
  Indian Reservations in Idaho, Or-
  egon and Washington
3258

3263



3265


3277


3287




3289




3292


3293


3294

3295


3313


3315


3326


3339


3353



3354


3356

3358

3359

3360


3362
                                                                    Title
                                           Seq.
                                           No.
Metal Furniture  (Surface Coating)
  NESHAP
Amend Subpart  H  and I, 40  CFR
  Part 61, for Emissions of Radio-
  nuclides Other Than Radon From
  DOE Facilities
Clarification  to  Existing  Part  63
  NESHAP Delegations' Provisions-
  Work Practices
Adoption   of  the Amended  Inter-
  national NOx Standard for Aircraft
  Engines
Accidental Release Prevention  Re-
  quirements:   Risk   Management
  Programs  Under the  Clean  Air
  Act, Section 112(r)(7); Third Party
  Audit Provisions
Accidental Release Prevention  Re-
  quirements:   Risk   Management
  Programs  Under the  Clean  Air
  Act, Section 112(r)(3); Revisions
  to the List of Substances
Revised   Permit  Revision  Proce-
  dures for the  Federal Operating
  Permits Program
Federal  Major New Source Review
  (NSR) Program for Nonattainment
  Areas
General   Conformity   Regulations;
  Revisions
Revisions to  Air  Pollution  Emer-
  gency   Episode   Requirements
  (Subpart H, 40 CFR Part 51)
NESHAP:  Shipbuilding  and  Ship
  Repair Surface Coating — Resid-
  ual Risk Standards
NESHAP:  Halogenated  Solvent
  Cleaning — Residual Risk Stand-
  ards
National   Emission  Standards  for
  Coke Oven  Batteries — Residual
  Risk Standards
Revision  to NOx SIP Call Emission
  Budgets for Connecticut, Massa-
  chusetts and Rhode Island
Environmental .Radiation Protection
  Standards  for the  Disposal of
  Low-Activity  Mixed  Radioactive
  Waste
Revision  of the 40 CFR Part 194
  Waste  Isolation Pilot Plant Com-
  pliance  Criteria
Acceptability   of  Research  Using
  Human Subjects
Pesticides; Data Requirements for
  Conventional Chemicals
Pesticides; Data .Requirements for
  Antimicrobials
Pesticides; Data Requirements for
  Biochemical and Microbial  Prod-
  ucts
Pesticides; Procedures for the Reg-
  istration Review Program
3364

3365


3366


3367


3368


3369

3370


3371

3372




3373



3374

3377


3378




3380


3381

3382

3384


3385

3386


3389

3390

3391
                                                                                                              .Title
Pesticides;  Tolerance  Processing
  Fees
Plant    Incorporated    Protectants
  (PIPs);  Exemption   for  Those
  Based on Viral Coat Proteins
Pesticide  Management  and  Dis-
  posal;  Standards for  Pesticide
  Containers and Containment
Pesticides;    Worker    Protection
  Standard (WPS); Glove Amend-
  ment       ,
Pesticides;   Registration  Require-
  ments for Antimicrobial Pesticide
  Products
Pesticide Tolerance Reassessment
  Program
Plant-Incorporated Protectants (For-
  merly     Plant     Pesticides)
  Rulemakings
Pesticide  Management  and  Dis-
  posal      ;
Plant-Incorporated      Protectants
  (PIPs); Exemption for Those De-
  rived Through Genetic  Engineer-
  ing   From  Sexually  Compatible
  Plants      ;
Plant    Incorpbrated    Protectants
  (PIPs); Exemption for PIPs That
  Act  by  Primarily  Affecting  the
  Plant
Groundwater  and  Pesticide  Man-
  agement Plan Rule
Lead-Based Paint  Activities; Train-
  ing  and Certification for Renova-
  tion and Remodeling
Polychlorinated  Biphenyls (PCBs);
  Exemptions From the Prohibitions
  Against   Manufacturing,   Proc-
  essing,  and  Distribution in Com-
  merce
Test Rule; Certain Chemicals on the
  ATSDR Priority List of Hazardous
  Substances
Test Rule; Developmental and Re-
  productive Toxicity
Follow-Up Rules on Existing Chemi-
  cals
TSCA Policy Statement  on Over-
  sight  of Transgenic  Organisms
  (Including Plants)
Lead; Management and Disposal of
  Lead-Based Paint Debris
Lead; Notification Requirements for
  Lead-Based  Paint Abatement Ac-
  tivities and Training
Test  Rule; Generic Entry  for ITC
  Related Testing Decisions
Test Rule;  Hazardous Air Pollutants
  (HAPs)
Test Rule; Certain High Production
  Volume (HPV) Chemicals
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               Federal Register/Vol. 67,  No.  236/Thursday, November 21,  2002/Government Levels Index
             Federal Government—Cont.
                                      Sea.
                                      No.
      Seq.
       No.
      3392




      3393

      3397

      3399


      3401

      3402


      3403



      3404

      3405

      3406
      3407




      3409

      3410



      3411



      3414
     3418

     3419

     3420
     3421
     3427
               Title
 Test Rule; In Vitro Dermal Absorp-
   tion  Rate  Testing  of  Certain
   Chemicals of Interest to the Oc-
   cupational  Safety and Health Ad-
   ministration
 Acrylamide         and         N-
   methylolacrylamide Grouts
 TSCA   Inventory   Update   Rule
   Amendments
 Chemical  Right-to-Know  Initiative;
   High Production Volume (HPV)
   Chemicals
 Asbestos Model Accreditation  Plan
   Revisions
 Lead Fishing Sinkers; Response to
   Citizens  Petition and   Proposed
   Ban
 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
 Voluntary Children's Chemical Eval-
   uation Program (VCCEP)
 Test Rule; Certain Metals
 Notice of TSCA Section  4 Reim-
   bursement Period and TSCA  Sec-
   tion 12(b) Export Notification Pe-
   riod Sunset Dates for TSCA  Sec-
   tion 4 Substances
 TRI;  Review  of Chemicals on the
   Original TRI List
 TRI;  Responses  to  Petitions   Re-
   ceived To Add or Delete or Mod-
   ify Chemical Listings on the Toxic
   Release Inventory
 TRI;  Revisions  to  the  Otherwise
   Use Activity Exemptions  and the
   Coal Extraction Activities Exemp-
   tion
 Addition  of  Toxicity  Equivalency
   (TEQ)  Reporting  and  Quantity
   Data  for Individual  Members  of
  the Dioxin  and Dioxin-like Com-
  pounds Category Under EPCRA,
  Section 313
TRI; Chemical Expansion;  Finaliza-
  tion of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
  mation Requirements
Land  Disposal Restrictions;  Notice
  of  Data  Availability:   Mercury
  Treatability Studies
Methods Innovation Rule
Revisions for Transboundary Ship-
  ments  of Hazardous Waste  for
  Recovery Within the Organization
  for  Economic  Cooperation  and
  Development
 3428

 3430



 3432



 3434
 3435

 3439




 3441



 3442


 3443

 3444





 3446




 3447



 3448

 3449





3450'




3451
                                                                      Title
                                            Seq.
                                             No.
 RCRA  Burden Reduction Initiative,
   Phase 2
 Project XL Site-Specific Rulemaking
   for the IBM Semiconductor Manu-
   facturing   Facility  in  Hopewell
   Junction, New York
 Revisions  to  the  Comprehensive
   Guideline  for  Procurement  of
   Products  Containing  Recovered
   Materials
 Criteria for Classification of Solid
   Waste  Disposal  Facilities  and
   Practices  and Criteria for Munic-
   ipal Solid  Waste Landfills:  Dis-
   posal of Residential  Lead-Based
   Paint Waste
 Municipal Solid Waste Landfill Loca-
   tion Restrictions for Airport Safety
 e-Cycling Pilot  Project for  Region 3
   States   (ECOS);   Streamlining
   RCRA Regulations To Encourage
   Reuse,  Recycling, and  Recovery
   of Electronic Equipment
 Standards for the  Management  of
   Coal  Combustion Wastes Gen-
   erated  by  Commercial  Electric
   Power Producers
 Standards for the  Management  of
   Coal Combustion Wastes — Non-
   Power Producers and Minefilling
 Hazardous  Waste Manifest Regula-
   tion
 Regulation  of Hazardous  Oil-Bear-
   ing  Secondary  Materials From
  •Petroleum  Refining Industry  and
   Other Hazardous Secondary  Ma-
   terials Processed  in a Gasification
   System
 Listing  Determination  of Wastes
   Generated  During the Manufac-
   ture of Azo,  Anthraquinone,  and
   Triarylmethane  Dyes  and  Pig-
   ments
 Recycling  of Cathode  Ray  Tubes
   (CRTs)  and  Mercury-Containing
   Equipment:  Changes  to   Haz-
  ardous Waste Regulations
 RCRA Subtitle C Financial  Test Cri-
  teria (Revision)
 Land  Disposal  Restrictions;  Treat-
  ment   Standards  for   Spent
  Potliners from Primary Aluminum
  Reduction  (K088) and  Regulatory
  Classification  of K088  Vitrification
  Units
NESHAPS:   Standards  for  Haz-
  ardous Air  Pollutants  for Haz-
  ardous Waste   Combustors   —
  Phase  II  Covering Boilers  and
  Certain Industrial  Furnaces
NESHAPS:   Standards  for  Haz-
  ardous Air  Pollutants  for Haz-
  ardous Waste Combustors
 345:



 345!


 3455

 3459



 3460



 3461


 3466




 3467

 3468




 3469


 3470



 3471




 3474

 3477




 3480


3481


3482


3483
                                                                                                                 Title
 Paint Manufacturing Wastes Listing:
   Hazardous  Waste  Management
   System: Identification and Listing
   of Hazardous Waste
 Requirements  for  Zinc   Fertilizer
  .Made From Recycled Hazardous
   Secondary Materials
 Oil Pollution Prevention Regulation:
   Revisions
 Clarification  to  Interim  Standards
   and Practices for All Appropriate
   Inquiry Under CERCLA  and  No-,
   tice of Future Rulemaking Action
 Revise  40 CFR Part 35 Subpart O:
   Cooperative   Agreements   and
   Superfund  State  Contracts   for
   Superfund Response Actions   ,
 National  Priorities  List  for  Uncon-
   trolled  Hazardous  Waste  Sites:
   Proposed and Final Rules
 Revisions  to the  National  Oil  and
   Hazardous  Substances   Pollution
   Contingency  Plan;   Subpart J
   Product Schedule Listing Require-
   ments
 Water Quality  Standards   for  Ala-
   bama—Phase II
 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
   Mercury Under the Clean Water
  Act (Method 245.7)
 Revisions to Method Detection and
  Quantification for Use Under  the
  Clean Water Act and Safe Drink-
  ing Water Act
 Test Procedures: New and Updated
  Test Procedures for the Analysis
  of  Pollutants  Under  the Clean
  Water   Act  and  Safe  Drinking
  Water Act
 Ocean  Discharges  Criteria Revi-
  sions
 National  Pollutant  Discharge Elimi-
  nation  System   Permit  Require-
  ments  for Municipal  Wastewater
  Treatment During  Wet  Weather
  Conditions
Test Procedures for Analysis for Bi-
  ological   Contaminants,   under
  Clean Water Act
Test Procedures:  Clean Water Act
  and  Safe  Drinking  Water  Act
  Methods Update
Test Procedures for the Analysis of
  Mercury Under  the  Clean Water
  Act (Revisions to Method 1631)
Rule  to  Revise  and  to Ratify  or
  Withdraw Whole  Effluent  Toxicity
  Test Methods
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    10      Federal Register/Vol.  67, No.  236/Thursday, November  21, 2002 / Government  Levels Index
          Federal Government—Cont.
                                     Seq.
                                      No.
    Seq.
     No.
    3485

    3486

    3487




    3488




    3489


    3490




    3491


    3492
              Title
Comparison of Dredged  Material to
  Reference Sediment
Round 2 Standards for the Use or
  Disposal of Sewage Sludge
Modification to Competitive Process
  Used by EPA for Water Quality
  Cooperative   Agreements   and
  Wetland  Program  Development
  Grants
Revisions to  Minimizing  Adverse
  Environmental    Impacts   From
  Cooling Water  Intake Structures
  Under Section  316(b)  of the
  Clean Water Act — Phase I
Effluent Guidelines  and Standards
  for the Construction and Develop-
  ment Industry
Effluent Guidelines  and Standards
  for  the Pulp, Paper, and Paper-
  board  Point Source  Category,
  Dissolving  Kraft  and Dissolving
  Sulfite Subcategories (Phase 111)
Effluent Guidelines  and Standards
  for the Concentrated Aquatic Ani-
  mal Production Industry
Effluent Guidelines  and Standards
  for the Meat and Poultry Products
  Point  Source  Category  (Revi-
  sions)
3493

3494


3495



3496




3497



3498



3499


3500



3501
                                                                    Title
                                           Seq.
                                            No.
Water Quality Standards for Indian
  Country Waters
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
Test Procedures for the Analysis of
  Miscellaneous  Metals,   Anions,
  and Volatile Organics Under the
  Clean Water Act, Phase Two
Uniform  National Discharge Stand-
  ards for Vessels of the  Armed
  Forces -  Phase II
Streamlining      the       General
  Pretreatment Regulations for Ex-
  isting and New Sources of Pollu-
  tion
NPDES Streamlining Rule — Round
                                                                                3502
3503
3504
3506

3513
3515



3516

3517

3519
                                                                                                               Title
Clean Water State Revolving Fund
  Regulation Revisions Re:  Use as
  Matching Funds
Effluent Guidelines  and Standards
  for the  Iron  and  Steel Manufac-
  turing Point Source Category (Re-
  visions)
Effluent Guidelines  and Standards
  for   the  Bleached  Papergrade
  Kraft  Subcategory of the Pulp,
  Paper, and Paperboard Category;
  Certification in Lieu of Monitoring
  for Chloroform
Revision to Clean Water Act Regu-
  latory Definition of Fill Material
Unregulated  Contaminant   Moni-
  toring    Regulation:   Analytical
  Method for Aeromonas & National
  Primary  &  Secondary  Drinking
  Water  Regulations:  Analytical
  Methods for; Chemical & Micro-
  biological Contaminants
Minor Revisions to the Public Notifi-
  cation  Rule,  Consumer  Con-
  fidence Report Rule, and  Primacy
  Rule        ;
National  Primary  Drinking  Water
  Regulations: 'Radon
National  Primary  Drinking  Water
  Regulations: Aldicarb
Update of State Underground Injec-
  tion Control Programs
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                 E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
         Executive Order 13132 entitled  "Federalism"  (August 4, 1999,  64 FR 43255)  directs agencies to have
     an accountable process to ensure meaningful and timely input by State and local officials in the development
     of regulatory policies that  have "federalism implications." This term refers to  actions "that have substantial
     direct  effects  on  the States,  on the  relationship between the  national government  and  the States, or  on
     the distribution of power and responsibilities  among the various levels  of government." As part of this
     effort,  agencies, other  than independent regulatory agencies, include  in their submissions for  the  Unified
     Agenda information on whether their regulatory actions have federalism implications
         The following  index  lists the  regulatory  actions  in this publication  that  agencies believe may have
     federalism implications.  The  Sequence  Number  (Seq. No.) of the  entry identifies the location of the entry
     in this edition. For further information, see  the Regulatory Information  Service  Center's  Introduction to
     the Unified Agenda in part II of this issue.
     Seq.
     No.
     133
           Title
Seq.
 No.
                      EPA
NPDES Permit Requirements for
 Municipal Sanitary and Combined
 Sewer Collection Systems, Munic-
 ipal Satellite Collection Systems,
 Sanitary Sewer Overflows, and
 Peak  Excess Flow Treatment Fa-
 cilities
 134



 135


 144

3223
                                                Title
National Primary Drinking  Water
 Regulations: Long Term 2  En-
 hanced Surface Water Treatment
 Rule
National Primary Drinking  Water
 Regulations: Stage 2 Disinfection
 Byproducts Rule
National Primary Drinking  Water
 Regulations: Groundwater Rule
Phase I (FIP) To Reduce the  Re-
 gional Transport of Ozone in the
 Eastern United States
Seq.
No.
3516
Title
National Primary Drinking Water
Regulations: Radon

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                  F.  SUBJECT INDEX TO THE ENVIRONMENTAL PROTECTION AGENCY
                                                          Seq. No.
    Acquisition regulations:
      See Government procurement
    Additives:
      See Fuel additives
    Administrative practice and procedure:
      See also Freedom of information
              Privacy
      EPA	3138, 3371
    Agriculture:
      See also Foods
              Pesticides and pests
      Effluent guidelines for aquaculture industry	3491
      Worker protection standards	3367
    Air pollution control:
      See also Motor vehicle pollution
      Accidental release prevention	3288, 3289
      Acid Rain Program	3282
      Air quality modeling	3226
      Air quality resources:
        Class I area designations	3299
      Air quality standards	3150, 3321, 3323
      Alternative method approvals	3192, 3272
      Ambient air quality monitoring	3184, 3278
      Asphalt roofing and processing	3232
      Best available retrofit technology	3187
      Boilers	,	121
      Carbon monoxide	3321
      Chemicals	117, 3229, 3230
      Chromium emissions	3233, 3296
      Clean Air Act	123, 3180, 3218, 3240, 3241, 3287, 3294, 3345
      Clean unit designation	3201
      Combustion turbines	3281
      Continuous parameter monitoring systems	3193
      Copper smelters	3333
      Delisting hazardous pollutants	3180
      Electric arc furnace	3169
      Electric utility steam generating unit MACT
          regulation	3163
      Emergency episode requirements	3295
      Emission control diagnostic systems	3190, 3217
      Emissions monitoring program	3145, 3193, 3274, 3300, 3320,
                                                            3344
      Emissions reporting	3330
      Emissions standards:
        Aircraft engines	3277
        Cellulose production	3340
        Coke ovens	3147, 3219, 3326
        Compliance certification requirements	3275, 3279
        Heavy-duty diesel engines and vehicles..,..	3328
        Highway motorcycles	124
        Hydrogen fluoride production	3147
        Municipal landfills	3244
        Navajo generating station	3208, 3209
        New marine engines	140, 3147
        New motor vehicles	3285
        Nonroad diesel engines and fuel	126
        Nonroad spark-ignition engines	3214
        Permit requirements	3147
        Potential to emit	3297
        Radionuclides	3263
        Semiconductor facilities	3147, 3234
        Spark ignition marine vessels	124
        VOC standards	3167, 3286
      Emissions trades	3146
      Fabric printing, coating and dyeing industry	3235
      Fuels and fuel additives	3197, 3284, 3290, 3325, 3346, 3352
                                                     Seq. No.

Air pollution control—Continued
  Fugitive emissions	3165
  Gas turbines	3152
  Gasoline anti-dumping program	3195, 3202, 3213
  General provisions amendments	3334
  Halons	3185
  Hazardous air pollutants ....119, 120, 121, 3140, 3152, 3154, 3157,
            3161, 3180, 3183, 3228, 3229, 3230, 3230, 3231, 3232,
            3233, 3236, 3237, 3238, 3242, 3244, 3258, 3335, 3336,
                                             3338, 3340, 3390
  Hazardous waste combustion facilities	3450
  HCFC allowance distribution system	3220
  Indian reservations in Idaho, Oregon, and
      Washington	3257
  Inspection/maintenance programs	3143, 3181
  Internal combustion engines	120
  Iron and steel industry	3153, 3227
  Lime manufacturing industry	3157
  MACT standards	3163, 3234, 3236, 3238, 3244, 3340
  Metal parts and products coating industry	3158, 3337
  Methyl bromide	3259
  Mobile sources	3271, 3276
  Motor Vehicle and Engine Compliance Fee Program	3215
  Municipal landfills	3244
  Municipal waste combustion units	3267
  NESHAP:
    Aerospace manufacturing and rework facilities	3319
    Aluminum production industry	3252
    Asphalt/coal tar application	3245
    Benzene waste operations	3273
    Brick manufacturing	3194
    Carbon black	3341
    Cellulose production	3340
    Ceramics	3261
    Chlorine production	3249
    Chromium electroplating	3210
    Chromium emissions	3296
    Clay products manufacturing	3194, 3260
    Control technology determinations for major sources	3173
    Delegations' provisions	3265
    Elastomers	:...3161, 3306
    Engine Test Facilities	3262
    Ethylene oxide for sterilization facilities	3304
    Fabric printing, coating and dyeing industry	3235
    Friction products manufacturing industry	3246
    Fumed silica production	3221
    Gasoline distribution facilities	3189, 3305
    General provisions	3173, 3206
    Halogenated solvent cleaning	3315
    Hazardous Organic NESHAP	3171, 3308
    Hazardous waste combustors	3451
    Hydrochloric acid production	3222
    Industrial  process cooling towers	3310
    Large appliance surface coating	3336
    Lead smelting	3312
    Leather tanning	3338
    MACT amendments	3349
    Magnetic tape manufacturing	3316
    Marine tank vessel loading operations	'.	3311
    Metal furniture surface coating	3258
    Metal parts and products coating industry	3158, 3231, 3337
    Metal pipes	3245
    Natural gas production	3162
    Non-metallic minerals processing	3160
    Oil production	3162
    Organic liquids	,	3238
    Paper and other web coating	3242
    Perchloroethylene dry cleaning facilities	3302
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                      Federal Register/Vol. 67, No. 236/Thursday, November  21, 2002/Subject Index
                                                            Seq. No.
      Air pollution control—Continued
        NESHAP—Continued
          Pesticide active ingredient production	3266, 3350
          Petroleum refineries	3172, 3318
          Plastic parts and products	.-,	3140
          Pollution prevention alternative compliance	3206
          Polymers and resins	3306, 3307, 3309
          Polyurethane foam production	3247
          Polyvinyl chloride production	3342
          Portland cement manufacturing industry	3191, 3270
          Predictive  emission monitoring	,	3148
          Primary aluminum reduction plants	3250
          Printing and publishing industry	3179, 3317
          Publicly owned treatment works	3248
          Pulp and paper production	3327
          Revision of area source category list	3170
          Shipbuilding and ship repair surface coating	3313
          Site remediation	3236
          Solvent extraction for vegetable oil production	3303, 3348
          Source categories	3173, 3206
          Synthetic organic chemicals	3308
          Taconite iron ore processing	3168
          Thermoplastics	3161, 3309
          Wet-formed fiberglass mat production	3331
        New source performance standards	3169, 3298
        New source review	127, 3182, 3201, 3253
        New stationary sources	3147
        Nitrogen oxides	3200, 3282, 3344, 3463
        Non-metallic minerals processing	3160
        Opacity measurement of emissions	3145, 3291
        Operating permits	3204, 3256, 3292, 3351
        Ozone and ozone precursors:
          Emission budgets	3339
          National ambient air quality  standards	125, 3293
          Protection of stratospheric ozone	3164, 3185, 3185, 3198,
                  3203, 3205, 3220, 3240, 3241, 3259, 3280, 3283, 3301,
                                                         3324,3347
          Transport	139, 3200, 3223, 3225, 3264, 3322, 3343
        Paint stripper users	3154
        ParUculate matter	3211, 3274
        PCS manufacturing	3378
        Performance-based measurement system for fuels	3196
        Petroleum refineries	3329
        Plastic composites manufacturing	3228
        Plywood and particle board manufacturing	119
        Polymer exemption rule	3379
        Prevention of significant deterioration	3201
        Process heaters	121
        Project XL	3134, 3286, 3327, 3429, 3454
        Regional haze rule	3268
        Risk management plans:
         List of substances	3289
         Public access to information	3288
         Third-party audits	3287
        Solid waste incinerators	3186, 3298
        Source category list	3139, 3183
        State implementation plans	125, 3253
        Sulfur oxides	3150, 3178, 3268, 3344
        Synthetic organic chemicals manufacturing	3216
        Tire manufacturing	3335
        Transportation conformity	123, 3345
        Volatile organic compounds ....122, 3167, 3199, 3216, 3224,  3243,
                                                              3269
        Weyerhaeuser sulfite mill	3251
        Wood furniture industry	3243, 3314
     Aircraft:
        Exhaust emissions standard for engines	3277
        Rocket engines	3237
     Airplanes:
        See Aircraft
     Airports:
       Municipal solid waste landfill location restrictions	3435
     Airworthiness directives and standards:
       See Aircraft
..3384
..3499

..3401
                                                       Seq. No.

Alaska Natives:
  See Indians
American Indians:
  See Indians                            ;
Animals:
  Transgenic	,	
Appeal procedures:
  See Administrative practice and procedure
Appliances:
  See Household appliances               ;
Armed forces:
  See also Federal buildings and facilities   ;
  Discharge standards for vessels	;	
Asbestos:                                 :
  Model accreditation plan	;	
Automatic data processing:                :
  See Computer technology
Automobiles:
  See Motor vehicles                      (
                                         i
                              B
Balloons:
  See Aircraft                            ,
Bankruptcy:
  RCRA financial responsibility	3448
Beef:
  See Meat and meat products
Buildings:
  See also Federal buildings and facilities   !
  Asbestos	3401
Business and industry:
  See also Bankruptcy
          Confidential business information
          Labeling
  Aerospace manufacturing and rework facilities:
    Air pollution control	3319
  Asphalt roofing and processing industry:
    Air pollution control	3232
  Brick and structural clay products manufacturing:
    Air pollution control	\	3194, 3260
  Cellulose manufacturing	3340
  Cement manufacturing industry	;	3191, 3270
  Chemicals:
    Air pollution control	i	3216, 3229, 3230
    Control of PMNs	3388
    Hazardous wastes listing	:.	3446
    Manufacture	3382, 3387, 3394, 3395, 3397
    Pollution standards	;.	3378
    Sustainable futures program	117
  Effluent guidelines	,145, 3491, 3503, 3505
  EPA operating permits	3204, 3256
  Iron manufacturing:
    Effluent guidelines	1	3503
  Large appliance coating industry:
    Air pollution control	3336
  Leather tanning and finishing	j	3338
  Lime manufacturing industry:             i
    Air pollution control	;	3157
  Metal parts and products coating industry: :
    Air pollution control	3231, 3258
  Motor vehicle manufacturing:
    Air pollution control	122, 3217
  Paper, film and foil coating industry:
    Air pollution control	,;	3242
  Perchloroethylene dry cleaning facilities:
    Air pollution control	3302
  Plastic parts industry:                    ;
    Air pollution control	3140
  Plywood and particle board manufacturing:
    Air pollution control	;....119
  Polyurethane foam production:
    Air pollution control	3247
  Printing and publishing	3179, 3317
  Pulp, paper and paperboard:
    Effluent limitations	3490
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                    Federal  Register/Vol. 67, No. 236/Thursday, November 2i,  2002/Subject Index
                                                          Seq. No.

    Business and industry—Continued
      Pulp, paper and paperboard—Continued
        Emissions reduction	3327
      Steel manufacturing:
        Effluent guidelines	3503
      Tires:
        Manufacture	3335
      Vegetable oil production:
        Air pollution control	3303, 3348
      Wood furniture industry:
        Air pollution control	3243, 3314
    Cancer:
      Carcinogen risk assessment	3136
    Charter buses:
      See Motor vehicles
    Chemicals:
      See also Hazardous substances
              Pesticides and pests
      Acrylamide	..3393
      Air pollution control	.'	3216
      Assessment information rule	3394
      Chemical inventory reporting	3415
      Drinking water regulations	3511, 3512, 3517
      Endocrine Disrupter Screening and Testing Program	116, 128
      Flame retardant substances	:..3383
      Health and safety reporting rule	..3395
      High-production-volume (HPV) chemicals	..3391
      New use rules for PMNs	3388
      OSHA dermal testing	3392
      Ozone depleting:
        Essential use allowances	...3205
        Halons	...3185
        Methyl bromide	3259, 3324
       . Reconsideration of petition criteria	...3283
        Refrigerant recycling	3240, 3241
        Sales restrictions	3164
        Substitutes	3198, 3280, 3301
      Perfluoroalkyl sulfonyls	3400
      Polychlorinated biphenyls	3378, 3404
      Polymers and resins	3161, 3379
      Right-to-Know initiative	3399
      Screening Information Data Set (SIDS)	3391
      Sustainable futures program	117
      Test rules	3389, 3398, 3405, 3407
      . Toxic substances	3382, 3387
      Toxic Substances Control Act	3384
      Toxicity profiles	;..3380
      Toxicity testing, developmental and reproductive	...3381
      Toxics Release Inventory:
        Additions, deletions, and modifications	3410
        Chemical expansion	...3418
        Coal	3411
        Dioxin and dioxin-like compounds	1..3414
        Metal mining	3413
        Pollution Prevention Act information requirements	...3419
        Reporting requirements	3412, 3413
        Review of chemicals on original list	...3409
      Use inventory rule	3397
     Children:
      See Infants and children
     Civil service system:
       See Government employees
     Clean Air Act:
       See Air pollution control
     Clean Water Act:
       See Water pollution control
     Coal:
       Combustion wastes	3441, 3442
      Toxics  Release Inventory	3411
     Coal mines:
       See Mine safety and health
     Coastal zone:
      Waste deposit prevention	...3521
                                                                                                                            Seq. No.
Coastal zone—Continued
  Wetlands:
    Wetland Program Development Grants.......
Computer technology:
  Reuse, recycling, and recovery of electronic
      equipment	
Conduct standards:
  See Conflict of interests
Confidential business information:
  EPA regulations	
Conflict of interests:
  EPA	,	
Conservation:
  See Natural resources
Construction industry:
  Effluent guidelines	
Consumer protection:
  See also Labeling
  Lead-based paint	
Contracts:
  See Government contracts
Corporations:
  See Business and industry
Crude oil:
  See Petroleum
Dangerous cargo:
  See Hazardous materials transportation
Data processing:
  See Computer technology
Debarment and suspension:
  EPA	
Defense acquisition regulations:
  See Government procurement
Defense contracts:
  See Government contracts
      Government procurement
Drinking water:
  See Water supply
..3487
..3439
,.3135

..3120
..3489
..3386
..3123
Ecology:
  See Environmental protection
Education:
  See also Schools
  Nondiscrimination in federally assisted programs	3124
Electric utilities:
  Steam generating unit MACT regulation	:....3163
Electronic data processing:
  See Computer technology
Electronic funds transfers:
  Federal agency disbursements	3127
Energy:
  See also Coal
          Fuel economy
          Petroleum
  Alternative fuels	3254
Environmental protection:
  See also Air pollution control
          Natural resources
          Pesticides and pests
          Waste treatment and disposal
          Water pollution control
  CERCLA amendment	3457, 3464
     Conducting all appropriate inquiry	3458, 3459
  Chemicals	3391, 3397, 3398, 3405
  Class deviations incorporation into EPAAR	3114
  Coal combustion wastes	3441, 3442
  Coastal waste deposit prevention	3521
  Confidential business information	3135
  Consumer confidence report rule	3515
  Contracting by negotiation	3138
  Cooling water intake structures impact	136, 147, 3488
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                      Federal  Register/Vol. 67,  No.  236/Thursday,  November 21,  2002/Subject Index
                                                            Seq. No.
      Environmental protection—Continued
        Cooperative agreements and Superfund state contracts	3460
        Cross-media electronic reporting and recordkeeping
            rule	148
        Designation of hazardous substances under CERCLA	3462
        Developmental and reproductive toxicity testing	3381
        Drinking water regulations	3511, 3512, 3513
        Effluent guidelines	3490, 3491, 3492, 3505
        EPA acquisition regulations	3123, 3130
        Fellowship grant regulation	,	3129
        Freedom of information	3125
        Innocent landowner defense	3458
        National Environmental Achievement Track Program	3132
        National Environmental Policy Act	3116
        New Jersey Gold Track program	3137
        On-site treatment of low-level mixed wastes	3440
        Overburden definition	3408
        Persistent, bioaccumulative,  and toxic pollutants	3122
        Pesticides	115, 3117, 3358, 3360, 3363
        Plant incorporated protectants	3365, 3372, 3373
        Privacy Act regulations	3118
        Public Involvement Policy	3133
        Public notification rule	3515
        Radiological Emergency Response Plan	3332
        RCRA Burden Reduction Initiative	3428
        Regulation of gasification devices processing hazardous
            waste at petroleum refineries	3444
        Significant new use rules:
         Flame retardant chemical substances	3383
        Solid waste	3434
        Total Maximum Daily Load program	137, 138
        Toxic Substances Control Act	3384
        Toxics Release Inventory:
         Additions, deletions, and modifications	3410
         Chemical expansion	3418
         Coal	3411
         Dioxin and dioxin-like compounds	3414
         Metal mining	3413
         Pollution Prevention Act information requirements	3419
         Reporting requirements	3412, 3413
         Review of chemicals on original list	3409
     Eskimos:
        See Indians
     Estuaries:
        See Coastal zone
     Ethical conduct-
        See Conflict of interests
     Ex parte communications:
        See Administrative practice and procedure
     Exports:
        Chemicals	3407
        Class I substances to Article 5 countries	3203
     FAR (Federal Acquisition Regulation):
       See Government procurement
     Farmers:
       See Agriculture
     Federal acquisition regulations:
       See Government procurement
     Federal buildings and facilities:
       Inspection/maintenance programs	3181
     Federal employees:
       See Government employees
     Federal-State relations:
       See Intergovernmental relations
     Fellowships:
       See Scholarships and fellowships
     Foods:
       See also Meat and meat products
       Pesticide residues	3369
       Vegetable oil production:
         Air pollution control	3303, 3348
     Foreign relations:
       See also Treaties
                                                       Seq. No.
 Foreign relations—miontinued
   Organization for Economic Cooperation and Development
       (OECD)	3391,3427
 Freedom of information:
   See also Confidential business information'
   Chemical inventory reporting	3415
   EPA	'.	.-	3125
 Fuel:                                    :
   See Energy
 Fuel:
   Air pollution control	3196, 3197, 3276, 3284, 3352
   California gasoline	3207
   Emission standards  for nonroad diesel fuel..	126
   Gasoline distribution facility emission standards	3305
   Low-sulfur highway diesel fuel	3325
   Reformulated gasoline	i	3197, 3352
   Tier 2/gasoline sulfur regulations	i	3346
 Fuel additives:                           :
   Gasoline deposit control additives	3290
   Methyl tertiary butyl ether (MTBE)	!	3177, 3518
   Oxygenated	•,	3375
 Fuel economy:                           :
   Light trucks and light duty vehicles	,	3300
Government buildings:
  See Federal buildings and facilities
Government contracts:
  See also Government procurement
  Contractors:
    Local hiring and training	i	3128
  Debarment and suspension	3123
  EPA acquisition regulations	3123, 3130, 3138
Government employees:
  See also Conflict of interests
  Contract employees:
    Background investigations	3121
Government procurement:                  !
  See also Government contracts           ;
  Acquisition regulations:                  '
    EPA	'	3120
  Contractors:
    Local hiring and training	'.	3128
  Contracts:                              ]
    Incrementally funding fixed-price contracts	3115
  Level of effort	3119
  Recycled products	3432
  Small, minority, and women's business utilization	3113
Grant programs-environmental protection:
  Clean Water State Revolving Fund program..	3502
  Cooperative agreements and Superfund state  contracts	3460
  EPA fellowships	'.	3129
  Water quality cooperative agreements	•.	3487
Grant programs-natural resources:
  Wetland Program Development Grants	,	3487

                              H
Hazardous materials transportation:
  Hazardous waste manifest rule	i	3443
  Wastewater treatment exemptions	130
Hazardous substances:
  See also Hazardous waste
          Hazardous materials transportation
  Air pollutants	119, 120, 121, 122, 139, 140, 3140, 3152, 3153,
            3154, 3157, 3158, 3160, 3161,  3180, 3194, 3227, 3228,
            3229, 3231, 3232, 3233, 3235,  3236, 3238, 3242, 3243,
            3244, 3258, 3276, 3296, 3298,  3302, 3310, 3312, 3313,
            3314, 3316, 3317, 3318, 3326,  3329, 3333, 3335, 3336,
                       3337, 3338, 3340, 3344, 3348, 3349, 3390
  Aluminum:                             ;
    Spent potliners from primary reduction	3449
  Asbestos	,	3401
  Carcinogen risk assessment	.'	3136
  CERCLA corrections	3457, 3464
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                    Federal Register/Vol.  67, No. 236/Thursday, November 21, 2002/Subject Index
                                                           Seq. No.

     Hazardous substances—Continued
       Chemicals:
        Chemical test rules	3389, 3390, 3407
        Import of toxic chemicals	3380
       Chromium	3233
       Consumer confidence report rule	3515
       Designation under CERCLA	3462
       Developmental and reproductive toxicity testing	3381
       Drinking water regulations	3471, 3481, 3511, 3512, 3513
       Ethylene oxide	3304
       Extremely hazardous substance list	3416, 3417
       Halogenated solvents	3315
       Isocyanates	3218, 3417
       Lead	3312, 3377, 3386, 3403, 3434
       Mercury analysis	3469, 3482
       Metals	3406
       Metals from electroplating operations	131
       Method 24 amendment	3144
       Methyl tertiary butyl ether (MTBE)	3177, 3518
       Ozone depleting substances	3185, 3205, 3280, 3283, 3324
       Perchloroethylene	3302
       Perfluoroalkyl sulfonyls	3400
       Pesticides	3366, 3368
        Active ingredient production	3266, 3350
        Data requirements for registering biochemical or
            microbial products	3360
        Emergency exemption regulations	115
        Produced by transgenic plants	3366, 3370
        Rules of practice	3117
        Worker protection standards	3367
       Pollution contingency plan	3466
       Public notification rule	3515
       Radon	3516
       Regulation of gasification devices processing hazardous
          waste at petroleum refineries	3444
       Reporting and recordkeeping requirements	3396
       Semiconductors manufacture and assembly	3430
       Sulfur oxides	3150, 3178, 3268, 3344
       Surface coatings	3144
       Toxicological profiles:
        Metals	3406
       Toxics Release Inventory:
        Additions, deletions, and modifications	;	3410
        Chemical expansion	3418
        Coal	;3411
        Dioxin and dioxin-like compounds	'.3414
        Metal mining	',	3413
        Pollution Prevention Act information requirements	3419
        Reporting requirements	3412, 3413
        Review of chemicals on original list	3409
       Water pollution control	,3469, 3471, 3483, 3494
     Hazardous waste:
       Benzene	3273
       Carbamates	3456
       Cathode ray tubes	3447
       Cement kiln dust	141
       Disposal facilities:
        Combustion facilities	3450
        Radioactive waste	3353
       Groundwater contamination	3236
       Land disposal:
        Restrictions	3420, 3438
        Spent potliners from primary aluminum reduction	'.	3449
       Lead	3385, 3434
       Manifest regulations	3443
       Mercury	3420
       Paint manufacturing waste	3452
       Permit program	',	142
       Polychlorinated biphenyls	.•	3404
       Radioactive waste:
        Dose methodology	3149
       Radioactively contaminated cadmium-, mercury-, and
          silver-containing batteries	3438
       Recycling	3447,3453
                                                      Seq. No.

Hazardous waste—Continued
  Solid waste	132, 3422, 3434
  Solvents	129
  Toxic waste site	3380
  Toxicity characteristic rule	3445
  Transboundary shipment within Organization for Economic
      Cooperation and Development member countries	3427
  Triarylmethane dye and pigments	3446
  Uncontrolled sites on the NPL	3461
Hearing and appeal procedures:
  See Administrative practice and procedure
Helicopters:
  See Aircraft
Heliports:
  See Airports
Herbicides:
  See Pesticides and pests
Household appliances:
  Surface coating of large appliance products .and parts	3336
Housing:
  Lead-based paint	.3385
Housing assistance payments:
  See Housing
Human research subjects:
  Protection of	3356

                              I
Imports:
  Chemicals:
    Blanket certifications	3382, 3394, 3395
  Control of PMN chemicals	3388
  Motor vehicles	3239
Indians:
  See also Indians-lands
  Navajo  generating station	3208, 3209
Indians-lands:
  Air pollution control implementation	3257, 3299
  EPA new source reviews	3147
  Operating permits to sources of air pollution located in
      Indian country	3351
  Water quality standards	3493
Industrial safety:
  See Occupational safety and health
Industry:
  See Business and industry
Infants and children:
  Lead poisoning	3386
Information:
  See Confidential business information
      Freedom of information
      Privacy
      Reporting and recordkeeping requirements
Insecticides:
  See Pesticides and pests
Intergovernmental relations:
  Air pollution control implementation	3253, 3256
  EPA	3145, 3443, 3494, 3501
International agreements:
  See Treaties
Labeling:
  Pesticides	
Land:
  See Indians-lands
Lead poisoning:
  Paint	
  Reducing lead consumption and use.
                ..3366
,.3377, 3385, 3386, 3403
	3402
                              M
Marine engineering:
  See Vessels
Marine pollution:
  See Water pollution control
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                      Federal  Register/Vol. 67, No. 236/Thursday, November 21,  2002/Subject Index
                                                            Seq. No.
      Meat and meat products:
        Effluent guidelines and standards for the Meat Products
           Point Source Category	3492
      Medical devices:
        Treated with antimicrobial pesticides	3363
      Metals:
        EPA trace metal analysis	3494
        Toxics Release Inventory reporting requirements	3413
      Military installations:
        See Federal buildings and facilities
      Mine safety and health:
        Toxics Release Inventory reporting requirements for metal
           mining	3413
      Mineral resources:
        See also Coal
               Metals
        Overburden definition	3408
      Miners:
        See Mine safety and health
      Mobile  offshore drilling units:
        See Vessels
      Motor vehicle pollution:
        Emission control diagnostic systems	3190
        Emission standards:
         Highway motorcycles	124
         New motor vehicles	3285
        Gasoline:
         Additives	3290
         Anti-dumping program	3195, 3202, 3213
         Reformulated	3197, 3352
         Tier 2/gasoline sulfur regulations	3346
        Heavy-duty diesel engines and vehicles:
         Non-conformance penalties	3328
         Regulation amendments	>.	3284
        Imported vehicles  emissions standards	3239
        Inspection/maintenance programs	,	3142
        Low emission vehicles program	3254
        Low-sulfur highway diesel fuel	3325
        Motor vehicle and engine compliance fee program	3215
      Motor vehicles:
        See also Fuel economy
        Alternatively fueled vehicles	3254
        Imports	3239
        Light trucks	3320
      Motorcycles:
        See Motor vehicles

                                   N
      National defense contracts:             ;
        See Government contracts
           Government procurement
      Native Americans:
        See Indians
      Natural resources:
        See also Coastal  zone
               Energy
               Environmental protection
               Mineral resources
               Water resources
       Wetlands:
         Wetland Program Development Grants	3487
      Nuclear safety:
       See Radiation protection
     Occupational safely and health:
       See also Mine safety and health
       Chemicals:
         Dermal absorption rate testing	3392
     Ocean dumping:
       See Water pollution control
     Oil pollution:
       National Contingency Plan	3466
       Prevention	3455
                                                       Seq. No.
 Paint:                                    ',
   See Lead poisoning
 Paperwork requirements:
   See Reporting and recordkeeping requirements
 Parachutes:
   See Aircraft                             :
 Pesticides and pests:                       ]
   Active ingredient production	3266, 3350
   Antimicrobial pesticides	3359, 3368
   Biochemical or microbial products	3360
   Canceled or suspended pesticides	3371
   Data requirements	3358, 3360
   Disposal and storage guidelines	3366, 3371
   Emergency exemption regulations	'	115
   Endocrine Disrupter Screening and Testing,Program	116, 128
   Groundwater protection	3374
   Medical devices treated with antimicrobial pesticides	3363
   Pesticide tolerance reassessment program	3369
   Plant incorporated protectants	',	3365, 3372, 3373
   Protection of human research subjects	3356
   Registration review program	3362
   Rules of practice	:	3117
   Storage and disposal	;	3366, 3371
   Tolerance fees	'.	3364
   Transgenic plants	3370
  .Worker protection standards	3367
 Petroleum:
   See also Fuel additives
          Oil pollution                    ,
   Refineries	3329
    Emission standards	3318
   Regulation of gasification devices processing hazardous
      waste at petroleum refineries	;.	3444
   Toxicity characteristic rule	3445
 Plants:
   Plant incorporated protectants	3365, 3372, 3373
   Transgenic	,	3384
 Plastics materials and synthetics:
   Air pollution control regulations	,	3228
 Pollution:
   See Environmental protection             :
 Power resources:
   See Energy
 Practice and procedure:
   See Administrative practice and procedure
 Privacy:
   See also Confidential business information
  Privacy Act:                             ;
    EPA regulations	3118
 Procurement:
  See Government procurement
 Prosthetic devices:                         '
  See Medical devices
 Public buildings:                           !
  See Federal buildings and facilities
 Public health:
  See also Waste treatment and disposal
  Air pollution effects	3390
  Carcinogen risk assessment	3136
  Radiological emergency response plan	3332
  Water contamination	144
Public utilities:
  See Electric utilities
      Water supply
Radiation protection:                       ;
  Dose methodology	
  Radiological emergency response plan	
Radioactive waste:
  See Hazardous waste                     :
Record retention:
  See Reporting and recordkeeping requirements
..3149
..3332
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                                                            Seq. No.

     Records:
       See Freedom of information
           Privacy
           Reporting and recordkeeping requirements
     Recycling:
       Cathode ray tubes	3447
       Electronic equipment	3439
       Government purchase of recovered materials	3432
       RCRA burden reduction initiative	3428
       Refrigerant	3240, 3241
     Reporting and recordkeeping requirements:
       Carbamat.es	3456
       Chemical inventory reporting	3397, 3415
       EPA	3114
         Cross-media electronic reporting and recordkeeping
             rule	;	148
         Electronic reporting	3134
         Emissions reporting requirements	3330
       Hazardous materials	3396
      .Information collection requests	143
       RCRA	143,3428
       Toxic chemical test rules	3407
       Toxics Release Inventory ..K.	3412, 3413
     Research:
       See also Human research subjects
       Protection of human subjects	3356
     Rockets:
       See Aircraft
     Rodenticides:
       See Pesticides and pests
     Rotorcraft:
       See Aircraft
     Sanitation:
       See Public health
           Waste treatment and disposal
     Scholarships and fellowships:
       EPA	
     Schools:
       Asbestos model accreditation plan	
     Seaplanes:
       See Aircraft
     Sewage disposal:
       Sewer collection systems	
       Sludge use and disposal	
     Sex discrimination:
       Federally assisted programs	
     Ships:
       See Vessels
     Solid waste disposal:
       See Waste treatment and disposal
     State-Federal relations:
       See Intergovernmental relations
     Superfund:
       Cooperative agreements and State contracts	
       Reportable quantity adjustments for carbamates.
     Synthetics:
       See Plastics materials and synthetics
     ..3129

     ..3401
     ....133
     ..3486

     ..3124
      ..3460
      ,.3456
     Toxic substances:
       See Hazardous substances
     Transportation:
       See also Vessels
       Air pollution control conformity..
       Environmental review	
       Interstate ozone transport	
     Treaties:
       Montreal Protocol	
     Trucks:
       See Motor vehicles
 ..123, 3345
 	3146
 	3322
..3259, 3347
                                                                      Seq. No.
Vessels:
  Discharge standards for Armed Forces vessels	3499
  Emission standards:
    Marine tank vessel loading operations	3311
    Shipbuilding and ship repair surface coating	3313
    Spark ignition marine vessels	124

                              W
Waste treatment and disposal:
  See also Hazardous waste
          Recycling
          Sewage disposal
  Coal combustion waste	v	3441, 3442
  Effluent guidelines	3490, 3505
  Financial test criteria	3448
  Hazardous waste management	3451
  Iron and steel manufacturing	3503
  Land disposal:
    Restrictions	3438, 3449
  Metal machinery and equipment wastewater	145
  Metals reclamation from electroplating operations	131
  Municipal waste combustion units	3267
  On-site treatment of low-level mixed wastes	3440
  Project XL	3134, 3286, 3327, 3429, 3430, 3440, 3454
  Recycling of hazardous waste in fertilizers	3453
  Regulation of gasification devices processing hazardous
      waste at petroleum refineries	3444
  Sewer grouting	3393
  Shore Protection Act	3521
  Solid waste disposal:
    Bioreactor landfills	3429, 3454
    Guideline revisions	.'.	3422
    Landfill criteria	3188, 3422
    Landfill location restrictions	3435
    Landfills and incinerators	,	3186, 3298
    Municipal landfills	3244, 3434
    Physical/chemical evaluation methods	3421
    Research, development, and demonstration permits	3436
    Solid waste definition	132
  Underground storage tanks:
    Toxicity characteristic rule	3445
  Waste Isolation Pilot Plant compliance criteria	3131, 3354
  Wastewater treatment exemptions for hazardous waste
      mixtures	130
  Wastewater treatment sludges	3430
  Wet weather condition requirements	3477
Water pollution control:
  See also Oil pollution
          Waste treatment and disposal     .
  Clean Water Act	118, 3485, 3494
    Clean Water State Revolving Fund program	3502
    Cooling water intake structures	136, 147, 3488
    Fill material definition	3506
    Mercury analysis	3469, 3482
    Product schedule listing requirements	3466
    Test procedures	118, 3471, 3481, 3494, 3495,  3496, 3,497,
                                                         3498
  Detection and quantification procedures for regulated
      analytes	3470
  Effluent guidelines:
    Animal feeding operations	...146
    Aquaculture industry	3491
    Construction and development industry	3489
    Industrial wastewater	145
    Iron and steel manufacturing	3503
    Meat products point source category	,	3492
    Pulp, paper and paperboard	,	3504
    Regulatory plans	3505
    Whole effluent toxicity text methods	..3483
  NPDES permits	133, 3501
  Ocean discharge criteria	3474
  Pretreatment regulations	3500
  Radon	3516
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                     Federal Register /Vol.  67, No. 236/Thursday, November  21, 20027 Subject Index
                                                           Seq. No.

     Water pollution control—Continued
       Sewer collection systems	133
       Sludge management programs	3486
       Test procedures for the analysis of pollutants	3468, 3480
       Total Maximum Daily Load Program	137,138
       Trace metals criteria	3494
       Vessels of the Armed Forces discharge standards	3499
       Water quality cooperative agreements	3487
       Water quality standards	3495, 3496, 3497
         Alabama	3467
         Criteria for acute aquatic life	3495, 3496, 3497
         Indian country waters	3493
     Water resources:
       See also Water supply
       Cooling water intake structures environmental impact...147, 3488
     Water supply:
       Carcinogen risk assessment	3136
       Drinking water:
         Aldicarb and atrazine	3517
         Contaminants	3507, 3511, 3512, .3513, 3516
                                                     Seq. No.

Water supply—Continued
  Drinking water—Continued
    Disinfectants	135, 144
    Endocrine Disrupter Screening and Testing Program ....116, 128
    Long Term 2 Enhanced Surface Water Treatment
        Rule	134
    Methods update	3481
    Methyl tertiary butyl ether (MTBE)	3177, 3518
    Oxygenated fuel additives	.'	3375
    Six-year review of regulations	3508
    State underground injection control programs	3519
    Test procedures for pollutants	3471
    Underground injection control class V wells	3520
    Unregulated contaminant monitoring	'	3513
  Groundwater protection	.;	3374
Water transportation:
  See Vessels
Wetlands:
  See Coastal zone
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