"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
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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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Federal Register/Vol. 67, No. 236/Monday, December 9, 2002/Unified Agenda
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
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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
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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
-------
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
-------
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
-------
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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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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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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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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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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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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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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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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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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75198
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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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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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
-------
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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
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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
-------
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
-------
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
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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)
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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
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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
-------
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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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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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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