*L PRO^°
Regulatory Plan and
Semiannual Regulatory Agenda
230206002
FALL 2006
-------
-------
"At EPA, we believe that environmental responsibility is everyone's
responsibility. Together with an informed and involved public,
we are meeting our duty of passing down a cleaner, healthier
environment to future generations of Americans."
- Administrator, Stephen L Johnson
United States
Environmental Protection Agency
Office of Policy, Economic Innovation
EPA-230-2-06-002
Cover art created by William H. Ge, 8th Grade
-------
-------
-------
-------
REGULATORY PLAN CONTENTS
Part 1: Statement of Priorities
Part 2: Actions Described in the Regulatory Plan
Sequence
Number
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
Title
Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing
Phase
Standards for the Management of Coal Combustion Wastes
Generated by Commercial
Electric Power Producers
Review of the National Ambient Air Quality Standards for
Carbon Monoxide
Control of Emissions From New Locomotives and New
Marine Diesel Engines Less
Than 30 Liters per Cylinder
Control of Emissions From Nonroad Spark-Ignition Engines
and Equipment
Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
Review of the National Ambient Air Quality Standards for
Ozone
Prevention of Significant Deterioration, Nonattainment New
Source Review, and New Source Performance Standards:
Emissions Test for Electric Generating Units
Review of the National Ambient Air Quality Standards for
Lead
Test Rule; Testing of Certain High Production Volume
(HPV) Chemicals
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard
Revisions
Pesticide Agricultural Container Recycling Program
Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 1 12
Expanding the Comparable Fuels Exclusion under RCRA
Definition of Solid Wastes Revisions
NESHAP: Hazardous Organic NESHAP (RON) Residual
Risk Standards
NESHAP: Halogenated Solvent Cleaning— Residual Risk
Standards
Control of Hazardous Air Pollutants From Mobile Sources
Clean Air Fine Particle Implementation Rule
Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation and Project Netting
Fuel Economy Labeling of Motor Vehicles: Revisions to
Improve Calculation of Fuel Economy Estimates
Amendment of the Standards for Radioactive Waste
Disposal in Yucca Mountain, Nevada
Regulation
Identifier
Number
2070-AD61
2050-AE81
2060-AI43
2060-AM06
2060-AM34
2060-ANOO
2060-AN24
2060-AN28
2060-AN83
2070-AD16
2070-AJ20
2070-AJ22
2070-AJ29
2050-AG16
2050-AG24
2050-AG31
2060-AK14
2060-AK22
2060-AK70
2060-AK74
2060-AL75
2060-AN14
2060-AN15
Rulemaking Stage
Prerule Stage
Prerule Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
-------
121 Renewable Fuels Standard Rule
122 Final Rule for Implementation of the New Source Review
(NSR) Program for PM2.5
123 Pesticides; Data Requirements for Conventional Chemicals
124 Lead-Based Paint Activities; Amendments for Renovation,
Repair, and Painting
125 Pesticides; Data Requirements for Biochemical and
Microbial Products
126 Notification of Chemical Exports under TSCA Section 12(b)
127 Testing Agreement for Perfluorooctanoic Acid (PFOA)
128 Hazardous Waste Manifest Revisions-Standards and
Procedures for Electronic Manifests
129 Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Requirements — Amendments
130 National Pollutant Discharge Elimination System Permit
Requirements for Peak Wet Weather Discharges from
Publicly Owned Treatment Work Treatment Plants Serving
Sanitary Sewer Collection Systems Policy
131 Concentrated Animal Feeding Operation Rule
132 Water Transfers Rule
133 Implementation Guidance for Mercury Water Quality Criteria
134 Toxics Release Inventory Reporting Burden Reduction Rule
2060-AN76
2060-AN86
2070-AC12
2070-AC83
2070-AD51
207Q-AJ01
2070-AJ06
2050-AG20
2050-AG23
2040-AD87
2040-AE80
2040-AE86
2040-AE87
2025-AA14
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
-------
72870 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
OVERVIEW
The United States Environmental
Protection Agency (EPA) is the primary
Federal agency charged with
safeguarding the quality of the natural
environment and protecting human
health from deleterious pollutants. For
over 35 years, the Agency has been
working to provide improvements in
cleaner air, purer water, and better-
protected land. The actions taken by
EPA have led to measurable
improvement in air and water quality,
significant reductions in solid and
hazardous wastes, and limitations on
the use of harmful chemicals and
pesticides.
Between 1970 and 2004, total
emissions of the six major air pollutants
dropped by 54 percent. This is
particularly impressive when noted that
the gross domestic product increased
187 percent, energy consumption
increased 47 percent, and U.S.
population grew by 40 percent during
the same time. Through land restoration
efforts, 600,000 acres of contaminated
land now provide ecological, economic,
and recreational benefits. In 2004, EPA
and its partners took action to restore,
enhance, and protect nearly 830,000
acres of wetlands. EPA continues to
build on its past success by using
regulatory and innovative approaches to
achieve effective results. In doing so, the
Agency uses three guiding principles to
govern its work to maintain the
strongest level of environmental
protection.
Results and Accountability
In order to be an effective steward in
protecting the environment and
responsive to national priorities, EPA
uses tools aimed at achieving results
and' demonstrating accountability. To
this end, the Agency uses transparent
management tools and measures to
provide the public with results as
efficiently and effectively as possible.
EPA continues to vigorously enforce
environmental laws using both
compliance assistance and strong
enforcement programs. This is a key
focus of the resident's Management
Agenda, which is designed to make
Government citizen-centered, results-
oriented, and market-based.
Innovation and Collaboration
In facing complex environmental
challenges, the Agency values new
strategic approaches. By collaborating
with other Federal, State, tribal, and
local governments and engaging private-
sector entities, stakeholders, and the
public, the Agency aims to solve
problems using innovative methods that
go beyond conventional regulatory
controls. The expertise, perspectives,
and resources of EPA's partners allow it
to foster new approaches and develop
new initiatives to expand environmental
protection.
Best Available Science
EPA maintains its commitment to
sound science and uses the best
information available in decisionmaking
while anticipating potential
environmental threats, evaluating risks,
identifying solutions, and developing
protective standards. It is crucial to the
success of the Agency to respond to
emerging information in order to gain
new understanding, reduce
uncertainties, and, if necessary, change
approaches concerning how they should
be addressed.
Accelerating Environmental Protection
Using these principles as its
framework, EPA is focused on
accelerating environmental protection
while maintaining the nation's
economic competitiveness. Part of this
focus centers on maintaining and
supporting successful measures already
taken.
Cleaner air and affordable energy.
Since 1970, EPA has been working to
provide cleaner, healthier air to all
Americans by collaborating with
partners and stakeholders to implement
the Clean Air Act and subsequent
amendments. The Agency's strategy for
protecting human health relies on
national regulatory, voluntary, and
market-based programs carried out in
combination with State, tribal, and local
efforts. For example, the Agency is
currently seeking to expand the use of
biofuels and promote diesel emission
reductions. Meanwhile, EPA promotes
clean air and energy security through
voluntary conservation programs like
Energy Star and SmartWay transport.
Additionally, the Agency will continue
to make timely permitting decisions and
foster.technological innovations to
support the clean development of
domestic energy resources.
Clean and safe wafer: The EPA and its
state, tribal, and local partners have
made significant improvements in
protecting and restoring the nation's
waters. The Agency's goals, stemming
from the Clean Water Act and the Safe
Drinking Water Act, include the
improvement of the quality of drinking
water, and the protection and
restoration of waters and beaches for
fishing, swimming, and recreation. The
importance .of safe drinking water
supplies was never more evident than in
the aftermath of Hurricane Katfina. The
strength of the Agency's initiative was
evident as EPA, State, and local
officials, systems operators, and
volunteers dedicated their efforts
around the clock to assist affected
communities in repairing the
infrastructure of drinking water systems
and restoring sources of safe drinking
water. EPA will continue to develop
innovative, market-based, and
sustainable solutions for water
infrastructure financing and
management while advancing regional
collaborations for the Chesapeake Bay,
Great Lakes, and Gulf of Mexico and
working on restoring and protecting
America's wetlands and watersheds.
Healthy communities and ecosystems:
In keeping with its role of stewardship
in an ever-changing global environment
and working in service to both human
health and the quality of the
environment, EPA will continue efforts
to improve communities by restoring
contaminated properties, including
brownfields, to environmental and
economic vitality and encouraging
voluntary community clean-up of
potentially dangerous abandoned mine
sites. These efforts will be paired with
the promotion of community-level
activities through increased resource
conservation, including waste
minimization through source reduction
and recycling.
Global environment As the EPA
works to improve its role as steward to
local communities, it serves as a
participant in global activity to protect
and restore the shared resources and the
environment. To that end, the Agency is
dedicated to finding solutions to issues
that have far-reaching, global
implications. EPA strives to promote
energy security, and simultaneously
advances international collaboration on
environmental issues, such as reduction
of air pollution and greenhouse gas
emissions. The means to achieving these
results include agreements like the Asia-
Pacific Partnership on Clean
Development and the Methane-to-
Market Partnership.
Stronger EPA: As the Agency
continues to uphold the President's
Management Agenda, it could not
ensure its success without a diverse,
talented, and highly-skilled workforce.
Equipped with the energy, intensity,
and vitality of its professional staff, EPA
is better able to devote prevention,
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72871
preparedness, and research efforts
toward national security and respond to
natural disasters.
Rules Expected to Impact Small Entities
EPA continues to focus on
implementing its Small Business
Strategy. By better coordinating small
business activities, EPA aims to improve
its technical assistance and outreach
efforts, minimize burdens to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary programs. A number of
rules included in this Plan may be of
particular interest to small businesses
(and for a more extensive list of rules
affecting small businesses, please see
appendices B and C to the Regulatory
Agenda which is available at
www.epa.gov/regagenda). The priority
items that are expected to have a
significant impact on a substantial
number of small entities include:
Control of Hazardous Air Pollutants
from Mobile Sources (2060-AK70)
Control of Emissions from Spark-
Ignition Engines and Fuel Systems from
Marine Vessels and Small Equipment
(2060-AM34)
Lead-Based Paint Activities;
Amendments for Renovation, Repair
and Painting (2070-AC83)
EPA's Regulatory Plan is an important
element of the Agency's strategy for
achieving environmental results within
the framework described above. The
Agency's regulatory program includes
several efforts that will reduce the
burden placed on small businesses
while ensuring the integrity of the
environment. Many of these have been
nominated for Agency Action through
the public nomination process initiated
by the Office of Management and
Budget (OMB) in 2001, 2002, and 2004.
Taken as a whole, the Agency's
Regulatory Plan will ensure that the
nation continues to achieve
improvements in environmental quality
while minimizing burden to states and
the regulated community.
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
A principal regulatory priority of
EPA's Office of Air and Radiation (OAR)
in 2006 is to protect public health and
the environment from the harmful
effects of fine particulate matter and
ozone, the two air pollutants that persist
widely in the Nation's air in amounts
that exceed Clean Air Act health
standards. Exposure to these pollutants
is associated with numerous harmful
effects on human health, including
respiratory problems, heart and lung
disease, and premature death. These
pollutants also degrade visibility, an
effect of particular concern in national
parks and other scenic areas. In addition
to ozone and particulate pollution, OAR
is continuing to address toxic air
pollution by controlling toxic emissions
from both stationary sources and mobile
sources such as cars and trucks. OAR is
also working to increase the
effectiveness and efficiency of its
permitting and monitoring programs,
which are among the main mechanisms
through which clean-air protections are
implemented. Finally, OAR is revising
previously-issued safety standards for
nuclear-waste storage in response to a
court decision. These efforts are
described briefly below.
To help control ozone and particulate
pollution, OAR continues to develop
rules as part of its program to reduce
emissions from mobile sources. These
rules will require additional emission
reductions from certain marine vessels,
locomotives, and small equipment, and
will add requirements for fuel economy
labeling and renewable-fuel content in
gasoline. These rules will enhance the
overall mobile-source control program
that has already set stringent standards
for most categories of vehicles, engines,
and their fuels.
Even though these Federal rules will
go a long way toward reducing the
ozone and particulate pollution in
America's cities, they can't do the job
alone. Additional state and local control
programs under the Clean Air Act will
need to be instituted or enhanced in
many of the most polluted areas. To
help and guide the States and local
governments in these efforts, EPA has
been developing implementation
rulemakings for both ozone and
particulates that will provide technical
help and policy guidance crucial to
assuring that State and local efforts
achieve their pollution-control goals.
The ozone implementation rule was
finalized last year; the particulate
implementation rule will be finalized
this fall.
OAR also continues to assess new
scientific information that underlies the
National Ambient Air Quality Standards
(NAAQS), which are the centerpiece of
the Clean Air Act and the foundation of
OAR's program. In October, EPA
promulgated a rule revising the existing
NAAQS for particulates. A rule to either
revise or reaffirm the current ozone
NAAQS will be proposed and
promulgated in 2007. Rules addressing
lead and carbon monoxide will follow
in 2008 and 2009, respectively.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990. The
largest part of this effort is the
"Maximum Achievable Control
Technology" (MACT) program, which is
now entering its second phase
consisting of evaluation of the
effectiveness of work done so far, and
assessment of the need for additional
controls. Rulemakings are currently
underway covering industries dealing
with hazardous organic chemical
production and halogenated solvent
cleaning. We are also developing a
rulemaking requiring additional
reductions in toxic emissions from
mobile sources such as cars and trucks.
Since many air quality programs are
administered through permitting and
monitoring programs, OAR continues to
work toward improving these programs
to increase efficiency and reduce
regulatory burden. Currently, OAR is
continuing to develop rulemakings to
streamline and improve its New Source
Review (NSR) permitting program. This
effort will clarify the circumstances
under which companies must obtain
construction permits before building
new facilities or significantly modifying
existing facilities. These revisions will
provide more regulatory certainty by
clarifying compliance requirements, and
will also make the program easier to
administer while maintaining its
environmental benefits. In developing
these NSR rule revisions, OAR is
drawing upon many years of intense
involvement with major stakeholders,
who have helped shape a suite of
reforms that are expected to both
improve the environmental
effectiveness of these programs and
make them easier to comply with. OAR
is also developing a rulemaking to
clarify and better define the kinds of
monitoring required in Federal and
State operating permit programs.
In 2006, EPA also expects to complete
a rulemaking amending the radiation
standards governing the development of
the Yucca Mountain site in Nevada, the
nation's designated geologic repository
for spent nuclear fuel and high-level
radioactive waste. These standards were
initially issued in 2001 and were
partially remanded by a Federal court in
2004. To address the remand, EPA must
reassess the time frame for compliance
in light of the National Academy's
recommendation that compliance must
be addressed at the time of peak dose,
which may be as long as several
hundred thousand years into the future.
-------
72872 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Office of Environmental Information
EPA's Office of Environmental
Information (OEI) ensures that EPA
collects and provides access to high
quality environmental information and
data to our partners, stakeholders, and
the public. In keeping with this
mandate, one of OEFs top regulatory
priorities will be the finalization of the
Toxics Release Inventory (TRI) Burden
Reduction Rule.
The TRI program collects chemical
release and other waste management
data on over 650 chemicals from over
24,000 facilities across the U.S. each
year. To provide TRI reporters with
appropriate burden relief, EPA initiated
two rulemakings to address both short-
term and longer-term reporting
requirement modifications while
maintaining the practical utility of the
TRI data. The TRI Reporting Forms
Modification Rule, which addressed
relatively minor modifications to the
TRI reporting forms, was published in
the Federal Register on July 12, 2005 (70
FR 39931). TRI continued its efforts to
reduce the TRI reporting burden and
published the TRI Burden Reduction
Proposed Rule in October 2005 (70 FR
57822). The second regulatory proposal
examines more significant reporting
modifications with greater potential
impact on reporting burden. The TRI
Burden Reduction Rule offers burden
reduction options that are technically,
practically and legally feasible in order
to meet the goals and statutory
obligations set forth for TRI reporting.
The rule will reduce burden associated
with TRI reporting while maintaining
EPA's commitment to providing
valuable information to the public.
Through the Central Data Exchange
(CDX) system, EPA is also committed to
providing electronic access to its
stakeholders to meet EPA's reporting
requirements. CDX is an integrated
system that provides electronic
reporting services to more than 30,000
users for 16 data flows in six major EPA
media programs. CDX is on track to
provide electronic reporting services for
all significant environmental data
collections over the next two years. CDX
enables EPA and participating program
offices to work with stakeholders -
including State, tribal and local
governments and regulated industries -
to enable "streamlined, electronic
submission of data via the Internet.
By enabling the regulated community
to utilize CDX as a reporting tool, the
TRI Program received about 60% of its
submissions on line for Reporting Year
(RY) 2005. To take advantage of CDX's
paperless reporting feature, TRI
reporters must use the EPA-provided
TRI Made-Easy (TRI-ME) Software. For
RY 2005, over 95 percent of all facilities
used TRI-ME to prepare their reports.
This reflects an upward trend toward
greater Internet reporting via CDX and is
great news for the TRI program. Money
saved from processing more-costly hard-
copy paper submissions to TRI can now
be reinvested in helpful tools and
automated data quality checks to assist
facilities and provide greater electronic
means of accessing TRI data.
Over the past several years, CDX also
added a number of new data flows,
including the Office of Water's
Stormwater Electronic Notice of Intent
(an electronic permit application), the
Office of Solid Waste and Emergency
Response's Risk Management Plan
WebRC (electronic updates of
emergency contact information), and the
Office of Prevention, Pesticides, and
Toxic Substances' Lead Request for
Certification (payment transactions
online).
CDX is EPA's point of presence on the
Environmental Exchange Network,
known as the "Node." Using CDX, EPA
has worked with States to provide the
technical specifications and exchange
protocols for the Network. CDX
provides support services, including
node building, security and
authentication and help desk. OEI is
working with the major programs to
deploy their data flows as "node"
exchanges, using XML and web
services. These efforts are some
examples of EPA's commitment to the
collection and dissemination of the
highest quality of environmental
information.
Office of Prevention, Pesticides, and
Toxic Substances
The primary goal of EPA's Office of
Prevention, Pesticides, and Toxic
Substances (OPPTS) is to prevent and
reduce pesticide and industrial
chemical risks to humans, communities
and ecosystems. OPPTS employs a mix
of regulatory and non-regulatory
methods to achieve this goal. During the
past fiscal year, OPPTS proposed and
finalized a number of significant
regulatory actions that are briefly
highlighted below. For more
information about these regulatory
actions, as well as information about our
other programs and activities, please
visit our Web site at
www.epa.gov/oppts. Looking forward to
the coming fiscal year, OPPTS expects
to issue several significant regulatory
actions that are also highlighted below.
In late 2006 EPA will complete a 10-
year review of food-use pesticides, as
mandated by the Food Quality
Protection Act of 1996 (FQPA). The
changes in pesticide use patterns
resulting from this review have
included outright phase-out of hundreds
of pesticides, elimination of certain
uses, stricter use provisions, and
establishment of food tolerances.
Americans today can be confident that
pesticides used in the United States
meet the highest health and safety
standards.
Associated with this review of food-
use chemicals, early in 2006, EPA
issued a final rule that significantly
strengthened and expanded the
protections for participants in
environmental research in three ways.
The rule categorically banned
intentional dosing human testing for
pesticides when the subjects are
pregnant women, nursing women or
children. The rule also formalized and
further strengthened existing
protections for subjects in human
research conducted or supported by
EPA, as well as to intentional dosing
human studies for pesticides conducted
by others who intend to submit the
research to EPA. This action assures that
the best available, ethically sound
science is used in our decisionmaking
processes.
To ensure that pesticides are
continuously reviewed against the latest
health and safely standards, in August
of 2006, OPPTS began implementing a
new program, mandated by section 3(g)
of the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA), to review
the registrations of all pesticides at least
once each 15 years. The registration
review program will replace the
tolerance reassessment program in 2006
and reregistration program in 2008.
Also in 2006, EPA published a final
rule to revise the regulations governing
emergency exemptions that allow
unregistered uses of pesticides to
address emergency pest conditions for a
limited time. These revisions reduced
the burden to both applicants and EPA,
provided for consistent determinations
of "significant economic loss" as the
basis for an emergency, and updated
and clarified the regulations to be
consistent with the requirements of
FQPA. As a result, the final rule is
expected to allow EPA to respond to
these emergencies more quickly without
compromising existing protections for
human health and the environment.
In 2007, EPA will continue its work
towards the Administration goal of
eliminating childhood lead poisoning as
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72873
a national health concern by 2010 by
developing a comprehensive program
for the management of renovation,
repair and painting activities involving
lead-based paint hazards. The program
will be comprised of a combination of
approaches including an extensive
education and outreach campaign for
lead-safe work practices and training for
industry, an outreach campaign
designed to expand consumer
awareness and create demand for the
use of lead-safe work practices, and the
establishment of final regulatory
requirements. As a part of this effort,
EPA issued a proposed rule on January
10, 2006, that would minimize the
introduction of lead hazards resulting
from the disturbance of lead-based paint
during renovation, repair, and painting
activities in most housing built before
1978 by requiring that all persons and
firms who conduct such work for
compensation follow lead-safe work
practice standards and be trained and
certified in the use of lead-safe work
practices, and that providers of
renovation training be accredited.
In 2006 and 2007, EPA will continue
working collaboratively with
stakeholders to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans and
the environment. EPA works with
multiple parties to produce missing
information on PFOA through
enforceable consent agreements,
memoranda of understanding, and
voluntary commitments, continues to
provide data to help answer many
important questions about these
chemicals. PFOA or perfluorooctanoic
acid, a synthetic (man-made) chemical
that does not occur naturally in the
environment, is used to make
fluoropolymers, substances with special
properties that have thousands of
important manufacturing and industrial
applications. Consumer products made
with flubropolymers include non-stick
cookware, and breathable, all-weather
clothing. EPA began its investigation
because PFOA is persistent in the
environment and was being found at
very low levels both in the environment
and in the blood of the general U.S.
population. EPA summarized its
concerns and identified data gaps and
uncertainties about PFOA in a notice
published in the Federal Register on
April 16, 2003.
EPA continues to implement the
voluntary HPV Challenge Program, a
collaborative partnership between EPA
and industry stakeholders, to develop
health and safety screening information
on sponsored high production volume
chemicals. To complement this
voluntary effort, OPPTS expects to issue
a second proposed test rule under the
Toxic Substances Control Act (TSCA) in
early 2007 that will require testing for
a number of the HPV chemicals that
were not sponsored as part of the
voluntary HPV Challenge Program in
order to develop critical information
about the environmental fate and
potential hazards of those chemicals.
When combined with information about
exposure and uses, the information
developed will allow the Agency and
others to evaluate potential health and
environmental risks, and take
appropriate actions.
EPA thoroughly evaluates pesticides
to ensure that they will meet Federal
safety standards to protect human
health and the environment before they
can be marketed and used in the United
States. EPA uses data submitted by
pesticide producers to form the basis for
the pesticide risk assessments and
decisions as to whether pesticides meet
the safety standards. Although the
Agency has kept pace with evolving
scientific understanding of pesticide
risks by requiring the submission of the
data needed on a case-by-case basis,
OPPTS expects to issue final rules in
2007 that update the data requirements
for biochemical, microbial, and
conventional chemical pesticides to
formally reflect evolving data needs.
EPA also intends to propose in 2007
additional data requirements for
antimicrobial pesticides and plant-
incorporated protectants.
To update and strengthen the
protections for pesticide applicators and
agricultural workers, in late 2007,
OPPTS expects to propose changes to
the Federal regulations for the certified
pesticide applicator program (CPAP).
Many changes in State programs have
occurred since the CPAP regulations
were promulgated in the 1970s, such
that State programs go beyond the
current Federal regulations in training
and certifying pesticide applicators. The
Agency anticipates revisions that will
broaden the scope of the certification
program to include additional
occupational users, and strengthen the
demonstration of competency as a
requirement of certification. In
conjunction with the applicator
certification improvements, OPPTS will
also propose improvements to the
agricultural worker protection program
in a separate but related proposed rule.
The Agency expects these changes will
strengthen the regulations to better
protect pesticide applicators,
agricultural workers, the public, and the
environment.
To further waste minimization and
recycling goals, OPPTS intends to
propose that manufacturers of
agricultural and professional specialty
pesticides support pesticide container
recycling by either managing and
operating their own programs, or
contracting with a recycling
organization. This proposal is intended
to bolster current voluntary programs
that have demonstrated that pesticide
containers can be safely and efficiently
recycled.
Evidence suggests that environmental
exposure to man-made chemicals that
mimic hormones (endocrine disrupters)
may cause adverse health effects in
human and wildlife populations. The
Food Quality Protection Act directed
EPA to develop a chemical screening
program (the Endocrine Disruptor
Screening Program, EDSP), using
appropriate validated test systems and
other scientifically relevant information,
to determine whether certain substances
may have hormonal effects in humans.
OPPTS is implementing
recommendations from a scientific
advisory committee, which was
established to advise EPA on the EDSP,
by developing and validating test
systems for determining whether a
chemical may have effects similar to
those produced by naturally occurring
hormones. As part of this program EPA
is also designing a framework for
procedures and processes to use when
implementing the EDSP, and will
develop an initial list of chemicals for
which testing will be required. In 2007,
EPA anticipates publishing the
preliminary procedures for use in
implementing the screening and testing
phase of the EDSP.
In response to comments submitted to
OMB as part of OMB's Regulatory
Reform of the U.S. Manufacturing Sector
(2005) report, EPA issued a proposed
rule on February 9, 2006, to streamline
the TSCA section 12(b) export
notification requirement in terms of the
exporter's activities, as well as
streamlining the Agency's procedures to
notify foreign governments. OPPTS also
proposed to eliminate reporting for da
minimis concentration levels and '
proposed other improvement to the
export notification regulations. EPA
expects to issue a final rule early in
FY2007.
In addition, in response to another
comment submitted to OMB as part of
OMB's Regulatory Reform of the U.S.
Manufacturing Sector (2005) Report,
about the use of mercury-containing
-------
72874 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
switches in convenience lights and
braking systems installed in new cars,
EPA proposed a TSCA Section 5
Significant New Use Rule (SNUR) on
July 11, 2006, to ensure that the Agency
is notified and provided the opportunity
to evaluate and, if necessary, to prohibit
or limit the use of mercury in
automobiles switches before U.S.
manufacture, import or processing
occurs for that purpose in order to
prevent unreasonable risk of injury to
human health or the environment. EPA
expects to finalize this SNUR in 2007.
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER)
contributes to the Agency's overall
mission of protecting public health and
the environment by focusing on the safe
management of wastes; preparing for,
preventing and responding to chemical
and oil spills, accidents, and
emergencies; enhancing homeland
security; and cleaning up contaminated
property and making it available for
reuse. EPA carries out these missions in
partnership with other Federal agencies,
States, tribes, local governments,
communities, nongovernmental
organizations, and the private sector. To
further these missions, OSWER has
identified several regulatory priorities
for the upcoming fiscal year that will
promote stewardship and resource
conservation and focus regulatory
efforts on risk reduction and statutory
compliance.
EPA is considering expanding the
comparable fuels program. This program
currently allows specific industrial
wastes to be excluded from the Resource
Conservation and Recovery Act (RCRA)
hazardous waste requirements when
they are used as a fuel and do not
contain hazardous constituent levels
exceeding those in a typical benchmark
fuel that facilities could otherwise use.
If EPA is successful in finding
additional industrial wastes that could
be used safely for their energy value
without the expense of a RCRA permit,
it would promote the use of these
industrial wastes as a renewable
domestic source of energy and reduce
our use of fossil fuels. It also could
significantly reduce the cost of
recovering the energy from some
hazardous wastes already used as fuels.
The "definition of solid waste"
determines the recyclable secondary
materials that are regulated under the
RCRA hazardous waste regulations and
those that are not. The RCRA regulatory
definition of solid waste classifies
recyclable hazardous secondary
materials as either regulated hazardous
wastes or unregulated materials. Many
materials that are reclaimed as part of
the recycling process are regulated as
hazardous wastes. This can discourage
recycling of the wastes, due to
requirements for permits (which trigger
corrective action), manifests, and the
other requirements imposed by the
Subtitle C hazardous waste regulations.
EPA is considering innovative
approaches that will increase the safe
recycling of hazardous waste, while still
ensuring that these materials are
properly handled.
EPA is continuing its pursuit to
improve and modernize the hazardous
waste tracking system by developing an
"e-manifest." This system will allow
electronic processing of hazardous
waste transactions that will greatly
enhance tracking capabilities, while
significantly reducing administrative
burden and costs for governments and
the regulated community. The e-
manifest will build on the new
standardized manifest form that took
effect in September 2006, and will
ensure the continued safe management
of hazardous waste.
EPA is seeking to amend the Spill
Prevention, Control, and
Countermeasure (SPCC) Plan
requirements to reduce the burden
imposed on the regulated community
for complying with the SPCC
requirements, while maintaining
protection of human health and the
environment.
The Office of Management and
Budget's Reports to Congress on the
Costs and Benefits of Regulations for
2001, 2002 and 2004 included reform
nominations for the Agency to consider.
All the rulemakings mentioned above
support reform nominations. In
addition, two additional rulemakings
under development also pertain to the
reform nominations: (1) a rule to
streamline laboratory waste
management in academic and research
laboratories and (2) a rule to manage the
cement kiln dust, a by-product of the
cement manufacturing process. The
Agency is developing final rules for
both these efforts. For the former rule,
the Agency proposed a set of alternative
standards that are more tailored to the
way laboratories operate. The goal is to
further protect human health and the
environment through application of
RCRA standards that are harmonious
with the way laboratories operate. For
the latter rule, the Agency proposed a
comprehensive set of standards for the
management of cement kiln dust. The
goal is to encourage the additional reuse
and safer management of chemicals in
laboratories, while continuing to protect
human health and the environment.
Office of Water
EPA's Office of Water's (OW) primary
goals are to ensure that drinking water
is safe; to restore and maintain oceans,
watersheds, and their aquatic
ecosystems to protect human health; to
support economic and recreational
activities; and to provide healthy habitat
for fish, plants, and wildlife. In order to
meet these goals, EPA has established a
number of regulatory priorities for the
coming year. They include rules
affecting National Pollutant Discharge
Elimination System permit
requirements.
OW is planning to finalize three
actions affecting National Pollutant
Discharge Elimination System (NPDES)
permitting requirements in FY 2007.
The first is a rule addressing the NPDES
permitting requirements and Effluent
Limitations Guidelines and Standards
(ELGs) for concentrated animal feeding
operations (CAFOs) in response to the
order issued by the Second Circuit
Court of Appeals in Waterkeeper
Alliance et al. v. EPA, 399 F.3d 486 (2nd
Cir. 2005). This final rule will respond
to the court order while furthering the
statutory goal of restoring and
maintaining the nation's water quality
and effectively ensuring that CAFOs
properly manage manure generated by
their operations. A second action is the
Water Transfers rulemaking. EPA will
finalize the proposed rule which
amends the Clean Water Act regulations
to clarify that NPDES permits are not
required for water transfers. Lastly, EPA
also plans to issue a policy regarding
NPDES permit requirements for peak
wet weather diversions at publicly
owned treatment works (POTW)
treatment plants serving separate
sanitary sewer collection systems.
EPA
PRERULE STAGE
98. ENDOCRINE DISRUPTER
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority:
Other Significant
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72875
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:
Section 408(p) of the Federal Food,
Drug, and Cosmetic Act, as amended
by the 1996 Food Quality Protection
Act, directs EPA to establish and
implement a program whereby industry
will be required to screen and test all
pesticide chemicals to determine
whether certain substances may have
an effect in humans that is similar to
an effect produced by a naturally
occurring estrogen, or such other
endocrine effect as the Administrator
may designate. The requirements of
Section 408(p) were implemented
through the creation of the Endocrine
Disruptor Screening Program (EDSP) in
1998. The EDSP has the following three
components that are proceeding
simultaneously: 1) developing and
validating assays; 2) setting chemical
testing priorities; and 3) establishing
408{p) testing orders and related data
procedures. A Federal Advisory
Committee Act committee is providing
advice to the EDSP on assay
development and validation. For
chemical testing priorities, the
approach to selecting the first 50-100
chemicals was finalized in a September
2005 Federal Register Notice (70 FR
56449) and EPA is implementing that
approach. For establishing the testing
orders and related data procedures,
EPA intends to focus on the initial 50-
100 chemicals. The agency intends to
conduct a review of the data received
from the screening of the initial group
of chemicals to evaluate whether the
program could be improved or
optimized, and if so, how.
Statement of Need:
The Endocrine Disruptor 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 and wildlife.
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. 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 USC
sec 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 USC sec 2603. In addition,
EPA has authority to issue consent
orders to require testing when
interested parties agree on an
acceptable testing program. 51 Fed.
Reg. 23706 (June 30, 1986).
Alternatives:
A Federal role is mandated under cited
authority. There is no alternative to the
role of the Federal Government on this
issue to ensure that pesticides,
commercial chemicals and
contaminants are screened and tested
for endocrine disruption potential. A
limited amount of testing may be
conducted voluntarily but this will fall
far short of the systematic screening
which is necessary to protect public
health and the environment and ensure
the public that all important substances
have been adequately evaluated.
Anticipated Cost and Benefits:
It is too early to project the costs and
benefits of this program accurately.
However, a preliminary rough estimate
by industry indicated a cost of
$200,000 per chemical. It is also too
early to quantify the benefits of this
program quantitatively. 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. Epidemiological studies on
the associations between chemical
exposures and adverse endocrine
changes continue to evaluate this
problem in humans. Wildlife effects
have been more thoroughly
documented. Abnormalities in birds,
marine mammals, fish, amphibians,
alligators, and shellfish have been
documented in the U.S., Europe, Japan,
Canada, and Australia which have been
linked to specific chemical exposures.
Evidence is sufficient for the U.S. to
proceed on a two track strategy:
research on the basic science regarding
endocrine disruption and screening
with validated assays to identify which
chemicals are capable of interacting
with the endocrine system. The
combination of research and test data
submitted in this program will enable
EPA to take action to reduce risks.
Timetable:
Action
Date
FR Cite
Notice
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 4728; EPA publication
information: Split from RIN 2070-AD26.
In August 2000, the Agency submitted
the required Status Report to Congress.
In March 2002, the Agency submitted
the requested status report to Congress
on the Endocrine Disruptor Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
URL For More Information:
www.epa.gov/scipoly/oscpendo/
index.htm*COM001*
-------
72876 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Agency Contact:
William Wooge
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Washington, DC 20460
Phone: 202 564-8476
Fax: 202 564-8482
Email: wooge.william@epa.gov
Joe Nash
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epa.gov
RIN: 2070-AD61
EPA
99. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority:
Economically Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 6907(a)(3); 42 USC 6944(a)
CFR Citation:
40 CFR 257
Legal Deadline:
None
Abstract:
This action is for the development of
non-hazardous waste regulations under
subtitle D of the RCRA statute. The
regulations will apply to landfill and
surface impoundment facilities that
manage coal combustion wastes
generated by steam electric power
generators, i.e., electric utilities and
independent power producers. This
action results from EPA's regulatory
determination for fossil fuel
combustion wastes (see 65 FR 32214,
May 22, 2000), which concluded that
waste management regulations under
RCRA are appropriate for certain coal
combustion wastes. The intended
benefits of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency is currently analyzing the
human health and eco risks, costs, and
economic impact of this action as it
develops the proposed regulation. The
Agency has considered alternatives to
this action, including regulating these
wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and State and
local governments to focus on these
remaining waste management issues,
particularly since the industry has
improved its waste management
practices and most State regulatory
programs are similarly improving. To
this end, the Agency-will be issuing
a Notice of Data Availability (NODA)
announcing the availability for public
inspection and comment on new
information and data on the
management of coal combustion wastes
that the Agency will consider in
deciding next steps in this effort.
Statement of Need:
The Agency is in the process of
developing non-hazardous waste
regulations under RCRA Subtitle D for
the management of coal combustion
wastes in landfills arid surface
impoundments. The Agency found that
in 1995, liners were installed in only
57% of landfills and 26% of surface
impoundments. Additionally, while
85% of landfills practiced groundwater
monitoring, only 38% of surface
impoundments did so. EPA is
concerned that the lack of liners and
groundwater monitoring could pose
risks to human health and the
environment.
Summary of Legal Basis:
RCRA Section 8002
Alternatives:
The Agency has considered alternatives
to this action, including regulating
these wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and State and
local governments to focus on these
remaining waste management issues.
Anticipated Cost and Benefits:
In the May 2000 regulatory
determination the Agency stated that
the decision to develop non-hazardous
waste regulations for coal combustion
wastes is a "significant regulatory
action." The benefits of the action will
be reduced risks to human health and
the environment.
Risks:
Risks posed by the mismanagement of
coal combustion wastes include
contamination of groundwater and
surface water from metals, such as
arsenic, boron, cadmium, and selenium.
Timetable:
Action
Date
FR Cite
NODA
12yOO/06
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
Undetermined
Additional Information:
SAN No. 4470; This effort may also
impact Federal, State, local or tribal
governments that own coal-burning
commercial electric power generating
facilities.
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
Agency Contact:
Alexander Livnat
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-7251
Fax: 703 308-8686
Email: livnat.alexander@epamail.epa.gov
Steve Souders
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE81
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72877
EPA
Timetable:
Action
Date
FR Cite
PROPOSED RULE STAGE
100. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Priority:
Other Significant
Legal Authority:
42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Statutory, May 31, 2001, Clean
Air Act requires reviews every 5 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.
Statement of Need:
As new health research becomes
available on the effects of carbon
monoxide, the Clean Air Act requires
EPA to review the adequacy of the
existing NAAQS at 5-year intervals.
Summary of Legal Basis:
The Clean Air Act requires review and
revision of the NAAQS every five years.
Alternatives:
Alternatives for revising or maintaining
the NAAQS will be assessed at a later
point in the review cycle, after the
scientific assessment of risk is
completed.
Anticipated Cost and Benefits:
Costs and benefits will be evaluated
later in the 'review cycle.
Risks:
Risk information will be available later
in the review cycle.
NPRM
Final Action
01/00/09
11/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 4266
Agency Contact:
Dave McKee
Environmental Protection Agency
Air and Radiation
C504-06
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
C504-06
Washington, DC 20460
Phone: 919 541-5271
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
EPA
101. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7522-7621
CFR Citation:
40 CFR 92; 40 CFR 94
Legal Deadline:
None
Abstract:
Emissions from locomotive and marine
diesel engines contribute significantly
to unhealthful levels of ambient
particulate matter and ozone in many
parts of the United States. These
engines are highly mobile and are not
easily controlled at a State or local
level. EPA currently regulates the
manufacturers of these engines when
they are produced or remanufactured at
a level similar to early 1990s on-
highway diesel trucks. This rulemaking
will propose to set an additional tier
of more stringent particulate matter and
nitrogen oxides emission standards for
new marine diesel engines below 30
liters per cylinder (Category 1 and
Category 2 marine diesel engines) and
new locomotive engines. The standards
under consideration are expected to be
based on the use of high-efficiency
aftertreatment technologies like those
that will be used to meet EPA's recent
heavy-duty and nonroad diesel
standards. These technologies, which
could reduce emissions by 90 percent,
would be enabled by the availability
and use of low sulfur diesel fuel.
Statement of Need:
Further reductions in nitrogen oxide
(NOx) and particulate emissions are
needed to help States attain national
air-quality standards for particulates
and for ozone, for which NOx is a
precursor.
Summary of Legal Basis:
42 USC 7547
Alternatives:
Alternatives will be developed as the
rulemaking proceeds. We recently
issued an Advanced Notice of Proposed
Rulemaking to gather ideas and
comments from the interested public.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as the rulemaking proceeds.
Risks:
The risks addressed by this rule are
primarily those resulting from exposure
to particulate matter and ozone. Risk
information will be quantified as the
rulemaking proceeds.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
06/29/04
05/00/07
05/00/08
FR Cite
69 FR 39276
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 4871
-------
72878 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Agency Contact:
Jean-Marie Revelt
Environmental Protection Agency
Air and Radiation
6401A
Washington, DC 20460
Phone: 734 214-4822
Email: revelt.jean-marie@epamail.epa.gov
RIN: 2060-AM06
EPA
102. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION
ENGINES AND EQUIPMENT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7521-7601(a)
CFR Citation:
40 CFR 90
Legal Deadline:
NPRM, Statutory, December 1, 2004.
Final, Statutory, December 31, 2005.
Abstract:
In this action, we are proposing exhaust
emission standards for spark-ignition
marine engines and small land-based
engines (<19 kW). We are also
proposing evaporative emission
standards for vessels and equipment
using these engines. Nationwide, these
emission sources contribute to ozone,
carbon monoxide (CO), and particulate
matter (PM) nonattainment. These
pollutants cause a range of adverse
health effects, especially in terms of
respiratory impairment and related
illnesses. The proposed standards
would help States achieve and
maintain air quality standards. In
addition, these standards would help
reduce acute exposure to CO, air toxics,
and PM.
Statement of Need:
EPA has been directed by Congress to
set new emission requirements for
small spark-ignition (gasoline) engines.
The Agency has previously acted to set
standards for these nonroad engine
source categories as there are
significant health and welfare benefits
associated with such controls. Even
with existing standards, these sources
continue to be contributors to air
pollution inventories and further
reductions will be helpful to State and
local governments and tribes in their
development of National Ambient Air
Quality Standards plans.
Summary of Legal Basis:
Section 213 of the Clean Air Act gives
EPA authority to set emissions
requirements for nonroad engines. The
engines covered under this proposed
rulemaking are all considered nonroad
engines. California may set its own
emissions standards - unlike other
mobile source categories, states are
prohibited from adopting California
emission standards for small spark
ignition engines below 50 horsepower.
Alternatives:
A range of alternatives for the various
exhaust and evaporative emissions
standards is being discussed as part of
the rulemaking development process.
Alternatives include more stringent
standards and different time frames for
adopting the new requirements.
Anticipated Cost and Benefits:
There are potential significant health
and welfare benefits associated with
additional emissions control
requirements for small spark-ignition
engines. New standards can potentially
achieve reductions in VOC emissions
as well as other pollutants. Costs and
benefits will be quantified and reported
as part of the rulemaking process.
Risks:
Impacts of the proposed standards on
health indicators will be discussed as
part of the rulemaking development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/07
11/00/07
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 4882;
Agency Contact:
Glenn Passavant
Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
Washington, DC 20460
Phone: 734 214-4408
Email: passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
EPA
103. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority:
Other Significant
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 70.6(c)(l); 40 CFR 71.6(c)(l); 40
CFR 64
Legal Deadline:
None
Abstract:
This rule would revise the Compliance
Assurance Monitoring rule (40 CFR part
64) to be implemented through the
operating permits rule (40 CFR Parts 70
and 71) to define when periodic
monitoring for monitoring stationary
source compliance must be created, and
to include specific criteria that periodic
monitoring must meet. This rule
satisfies our 4-step strategy announced
in the final Umbrella Monitoring Rule
(published January 22, 2004) to address
monitoring inadequacies. The four
steps were: 1) to clarify the role of title
V permits in monitoring [Umbrella
Monitoring Rule]; 2) to provide
guidance for improved monitoring in
PM-Fine SIP's; 3) to take comment on
correction of inadequate monitoring
provisions in underlying rules; and 4)
to provide guidance on periodic
monitoring. We have completed the
RIA data collection and most of the
analyses.and are beginning review with
OPEI and an economic sub-work group.
Statement of Need:
The "periodic monitoring" rules, 40
CFR 70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B),
require that "[w]here the applicable
requirement does not require periodic
testing or instrumental or
noninstrumental monitoring (which
may consist of recordkeeping designed
to serve as monitoring), [each title V
permit must contain] periodic
monitoring sufficient to yield reliable
data from the relevant time period that
are representative of the source's
compliance with the permit, as
reported pursuant to [§ 70.6(a)(3)(iii) or
§ 71.6(a)(3)(iii)]. Such monitoring
requirements shall assure use of terms,
test methods, units, averaging periods,
and other statistical conventions
consistent with the applicable
requirement. Recordkeeping provisions
may be sufficient to meet the
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72879
requirements of [§70.6(a)(3)(i)(B) and
§71.6(a)(3)(i)(B)]." Sections 70.6(c)(l)
and 71.6(c)(l), called the umbrella
monitoring rule, require that each title
V permit contain, "[cjonsistent with
paragraph (a)(3) of this section,
compliance certification, testing,
monitoring, reporting, and
recordkeeping requirements sufficient
to assure compliance with the terms
and conditions of.the permit." On
January 22, 2004 (69 Federal Register
3202), EPA announced that the Agency
has determined that the correct
interpretation of §§ 70.6(c)(l) and
71.6(c)(l) is that these sections do not
provide a basis for requiring or
authorizing review and enhancement of
existing monitoring in title V permits
independent of any review and
enhancement as may be required under
the periodic monitoring rules, the CAM
rule (40 CFR part 64)(62 FR 54900,
October 22, 1997) where it applies, and
other applicable requirements under
the Act. This action is to publish a
separate proposed rule to address what
monitoring constitutes periodic
monitoring under §§ 70.6(a)(3)(i)(B) and
71.6(a)(3)(i)(B) and what types of
monitoring should be created under
these provisions. The intended effect of
the rule revisions in this proposal is
to focus case-by-case reviews on those
applicable requirements for which we
can identify potential gaps in the
existing monitoring provisions.
Summary of Legal Basis:
Section 502(b)(2) of the Act requires
EPA to promulgate regulations
establishing minimum requirements for
operating permit programs, including
"[m]onitoring and reporting
requirements." 42 U.S.C. § 7661a(b)(2).
Second, section 504(b) authorizes EPA
to prescribe "procedures and methods"
for monitoring "by rule." 42 U.S.C. "
7661c(b). Section 504(b) provides: "The
Administrator may by rule prescribe
procedures and methods for
determining compliance and for
monitoring and analysis of pollutants
regulated under this Act, but
continuous emissions monitoring need
not be required if alternative methods
are available that provide sufficiently
reliable and timely information for
determining compliance. ..." Other
provisions of title V refer to the
monitoring required in individual
operating permits. Section 504(c) of the
Act, which contains the most detailed
statutory language concerning
monitoring, requires that "[e]ach [title
V permit] shall set forth inspection,
entry, monitoring, compliance
certification, and reporting
requirements to assure compliance with
the permit terms and conditions." 42
U.S.C. section 7661c(c). Section 504(c)
further specifies that "[s]uch
monitoring and reporting requirements
shall conform to any applicable
regulation under [section 504(b)]. . . ."
Section 504(a) more generally requires
that "[e]ach [title V permit] shall
include enforceable emission
limitations and standards,. . . and such
other conditions as are necessary to
assure compliance with applicable
requirements of this Act, including the
requirements of the applicable
implementation plan." 42 U.S.C.
section 7661c(a).
Alternatives:
Some existing monitoring required
under applicable requirements could be
improved and will be addressed in
connection with both the upcoming
PM2.5 implementation rulemaking and
by improving monitoring in certain
Federal rules or monitoring in SIP rules
not addressed in conriection with the
PM2.5 implementation guidance or
rulemaking over a longer time frame.
Anticipated Cost and Benefits:
We are assessing the benefits associated
with improved monitoring including
the reduction in source owner response
time to potential excess emissions
problems. Such reduced response time
to take corrective action that will be
required by the rule will.result in
measurable emissions reductions that
will be balanced against the cost of
increased equipment, data collection,
and recordkeeping costs. We estimate
the total costs of the rule to be more
than $100 million.
Risks:
There are no environmental and health
risks associated with implementing this
monitoring rule; the underlying rules
with emissions limits address those
risks for each subject source category.
The effect of the monitoring resulting
from this rule will be to reduce the
occurrence of excess emissions
episodes that raise such risks.
Timetable:
Action
Date
FR Cite
NPRM
06/00/07
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4699.2; Split from RIN 2060-
AK29.
Agency Contact:
Peter Westlin
Environmental Protection Agency
Air and Radiation
D243-05
Research Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Robin Langdon
Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington DC, DC 20460
Phone: 919 541-4048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
EPA
104. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7408; 42 USC7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Statutory, July 18, 2002, CAA
Amendments of 1977.
NPRM. Judicial, March 28, 2007,
Consent Decree.
Final, Judicial, December 19, 2007,
Consent Decree.
Abstract:
The Clean Air Act Amendments of
1977 require EPA to review and, if
necessary, revise national ambient air
quality standards (NAAQS)
periodically. On July 18, 1997, the EPA
published a final rule revising the
NAAQS for ozone. The primary and
secondary NAAQS were strengthened
to provide increased protection against
both health and environmental effects
of ozone. The EPA's work
plan/schedule for the next review of
the ozone Criteria Document was
published on November 2002. The first
external review draft Criteria
Document, a rigorous assessment of
relevant scientific information, was
released on January 31, 2005. The
EPA's Office of Air Quality Planning
-------
72880 Federal Register/Vol. 71, No.. 237/Monday, December 11, 2006/The Regulatory Plan
and Standards will prepare a Staff
Paper for the Administrator, which will
evaluate the policy implications of the
key studies and scientific information
contained in the Criteria Document and
additional technical analyses, and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The Criteria
Document and Staff Paper will be
reviewed by the Clean Air Scientific
Advisory Committee and the public,
and both final documents will reflect
the input received through these
reviews. As the ozone NAAQS review
is completed, the Administrator's
proposal to reaffirm or revise the ozone
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for ozone are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants]. The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for ozone are whether to
reaffirm or revise the existing
standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for ozone cannot be
determined at present; a regulatory
impact analysis will be conducted
along with the review of the standards.
Risks:
The current national ambient air
quality standards for ozone are
intended to protect against public
health risks associated with morbidity
and/or premature mortality and public
welfare risks associated with adverse
vegetation and ecosystem effects.
During the course of this review, risk
assessments will be conducted to
evaluate health and welfare risks
associated with retention or revision of
the ozone standards.
Timetable:
Action
Notice
NPRM
Final Action
Date
12/29/05
03/00/07
12/00/07
FR Cite
70 FR 77155
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 5008
Agency Contact:
Dave McKee
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN24
EPA
105. PREVENTION OF SIGNIFICANT
DETERIORATION, NONATTAINMENT
NEW SOURCE REVIEW, AND NEW
SOURCE PERFORMANCE
STANDARDS: EMISSIONS TEST FOR
ELECTRIC GENERATING UNITS
Priority:
Other Significant
Legal Authority:
Clean Air Act, Title I Parts C and D
and Section lll(a)(4)
CFR Citation:
40 CFR Part 51; 40 CFR Part 52
Legal Deadline:
None
Abstract:
This rulemaking would create a revised
emissions test for existing electric
generating units (EGUs) that are subject
to the regulations governing the
Prevention of Significant Deterioration
(PSD) and nonattainment major New
Source Review (NSR) programs
mandated by parts C and D of title I
of the Clean Air Act (CAA). This
revised emissions test would be
available for EGUs that are also subject
to the EPA-administered Clean Air
Interstate Rule (CAIR) NOx Annual
Trading Program or the CAIR SO2
Trading Program. This emissions test
could be extended to other CAIR and
non-CAIR EGUs. For existing major
stationary sources, the NSR base
program emissions test is applied when
the source proposes to modify an
emissions unit such that the change is
a physical change or change in the
method of operation, and the test
compares actual emissions to either
potential emissions or projected actual
emissions. Under this rulemaking's
revised NSR emissions test (a
maximum hourly test like that used in
the NSPS program), we would compare
the EGU's maximum hourly emissions
(considering controls) before the change
for the past 5 years to the maximum
hourly emissions after the change. The
maximum hourly emissions will be
either a maximum achieved and
maximum achievable hourly emissions,
measured on an input or an output
basis. The supplemental notice will
include proposed regulatory language
for the maximum achieved and
achievable options (input and output
basis for each). The supplemental
notice will also include data,
information, and analyses concerning
the impacts of the proposed options.
The supplemental notice will also
include an option in which the current
regulations (annual emissions test) are
retained, but the baseline period is
extended from 5 to 10 years.
Statement of Need:
Utilization of this rulemaking's
alternative NSR applicability test for
existing EGUs would encourage
increased utilization at the more
efficient units by displacing energy
production at less efficient ones.
Summary of Legal Basis:
Parts C and D of title I of the Clean
Air Act; CAA section lll(a)(4)
Alternatives:
The proposed basis for the applicability
test is a comparison of maximum
hourly emissions, which will enhance
the implementation and environmental
benefits for existing EGUs. We request
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72881
comment on alternative bases for an
alternative applicability test.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate, as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate, as the rulemaking
proceeds.
Timetable:
Action Date FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 12/00/06 '
Final Action 04/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4794.2; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2005/October/Day-20/a20983.htm;
Split from RIN 2060-AM95.
URL For More Information:
www.epa.gov/nsr
Agency Contact:
Janet McDonald
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone: 919 541-1450
Email: mcdonald.janet@epamail.epa.gov
Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN28
EPA
106. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Judicial, September 1, 2008,
Court-ordered schedule.
Abstract:
On October 5, 1978 the EPA
promulgated primary and secondary
NAAQS for lead under section 109 of
the Act (43 FR 46258). Both primary
and secondary standards were set at a
level of 1.5 ug/m3 as a quarterly
average (maximum arithmetic mean
averaged over a calendar quarter).
Subsequent to this initial standard-
setting, the Clean Air Act requires that
the standard be reviewed periodically.
The last such review occurred during
the period 1986-1990. For that review,
an Air Quality Criteria Document
(AQCD) was completed in 1986 with
a supplement in 1990. Based on
information contained in the AQCD, an
EPA Staff Paper and Exposure
Assessment were prepared. Following
the completion of these documents, the
agency did not propose any revisions
to the 1978 Pb NAAQS. The current
review of the Pb air-quality criteria was
initiated in November 2004 by EPA's
National Center for Environmental
Assessment (NCEA) with a general call
for information published in the
Federal Register. In January 2005,
NCEA released a work plan for the
review and revision of the Pb AQCD.
Workshops were held to provide author
feedback on a developing draft of the
AQCD in August 2005. The draft AQCD
was released December 1, 2005. The
EPA Office of Air Quality Planning and
Standards will prepare a Staff Paper for
the Administrator, which will evaluate
the policy implications of the key
studies and scientific information
contained in the AQCD and additional
technical analyses, and identify critical
elements that EPA staff believe should
be considered in reviewing the
standards. The AQCD and Staff Paper
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
lead NAAQS review is completed, the
Administrator's proposal to reaffirm or
revise the lead NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for lead are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under Section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while the
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for lead are whether to
reaffirm or revise the existing
standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for lead cannot be
determined at present; a regulatory
analysis will be conducted along with
the review of the standards.
Risks:
The current national ambient air
quality standards for lead are intended
to protect against public health risks
associated with neurological effects in
children and cardiovascular effects in
adult males. During the course of this
review, a risk assessment will be
conducted to evaluate health risks
associated with the retention or
revision of the lead standards. Welfare
effects will also be reviewed in relation
to retention or revision of the current
standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/08
09/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Federalism:
Undetermined
-------
72882 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Additional Information:
SAN No. 5059
Agency Contact:
Ginger Tennant
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-4072
Fax: 919 541-0237
Email: tennant.ginger@epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN83
EPA
107. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority:
Other Significant
Legal Authority:
15 USC 2603
CFR Citation:
40 CFR 790 - 799
Legal Deadline:
None
Abstract:
EPA is issuing test rules under section
4(a) of the Toxic Substances Control
Act (TSCA) to require testing and
recordkeeping requirements for certain
high production volume (HPV)
chemicals (i.e., chemicals which are
manufactured (including imported) in
the aggregate at more than 1 million
pounds on an annual basis) that have
not been sponsored under the voluntary
HPV Challenge Program. Although
varied based on specific data needs for
the particular chemical, the data
generally collected under these rules
may include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity, mutagenicity,
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. When finalized on March 16,
2006, the number of chemicals
included in the first final rule was
reduced to 17 based on new
information on annual production
volumes, worker exposure, and
commitments to the voluntary HPV
Challenge Program. Subsequent test
rules, including a proposed rule
scheduled to be published in spring of
2007 will require similar screening
level testing for other unsponsored HPV
Challenge Program chemicals.
Statement of Need:
EPA has found that, of those non-
polymeric organic substances produced
or imported in amounts equal to or
greater than 1 million pounds per year
based on 1990 reporting for EPA's
Inventory Update Rule (IUR), only 7%
have a full set of publicly available
internationally recognized basic health
and environmental fate/effects
screening test data. Of the over 2,800
HPV chemicals based on 1990 data,
43% have no publicly available basic
hazard data. For the remaining
chemicals, limited amounts of the data
are available. This lack of available
hazard data compromises EPA's and
others' ability to determine whether
these HPV chemicals pose potential
risks to human health or the
environment, as well as the public's
right-to-know about the hazards of
chemicals that are found in their
environment, their homes, their
workplaces, and the products that they
buy. It is EPA's intent to close this
knowledge gap. EPA believes that for
most of the HPV chemicals, insufficient
data are readily available to reasonably
determine or predict the effects on
health or the environment from the
manufacture (including importation),
distribution in commerce, processing,
use, or disposal of the chemicals, or
any combination of these activities.
EPA has concluded tliat a program to
collect and, where needed, develop
basic screening level toxicity data is
necessary and appropriate to provide
information in order to assess the
potential hazards/risks that may be
posed by exposure to HPV chemicals.
On April 21, 1998, a national initiative,
known as the "Chemical Right-To-
Know" Initiative, was announced in
order to empower citizens with
knowledge about the most widespread
chemicals in commerce— chemicals
that people may be exposed to in the
places where they live, work, study,
and play. A primary component of
EPA's Chemical Right-To-Know
(ChemRTK) initiative is the voluntary
HPV Challenge Program, which was
created-in cooperation with industry,
environmental groups, and other
interested parties, and is designed to
assemble basic screening level test data
on the potential hazards of HPV
chemicals while avoiding unnecessary
or duplicative testing. Data needs
which remain unmet in the voluntary
HPV Challenge Program, may be
addressed through the international
efforts or rulemaking.
Summary of Legal Basis:
These test rules will be issued under
section 4(a)(l)(B) of TSCA. Section
2(b)(l) of TSCA states that it is the
policy of the United States that
"adequate data should be developed
with respect to the effect of chemical
substances and mixtures on health and
the environment and that the
development of such data should be the
responsibility of those who
manufacture [which is defined by
statute to include import] and those
who process such chemical substances
and mixtures[.]" To implement this
policy, TSCA section 4(a) mandates
that EPA require by rule that
manufacturers and processors of
chemical substances and mixtures
conduct testing if the Administrator
finds that: (l)(A)(i) the manufacture,
distribution in commerce, processing,
use, or disposal of a chemical substance
or mixture, or that any combination of
such activities, may present an
unreasonable risk of injury to health or
the environment, (ii) there are
insufficient data and experience upon
which the effects of such manufacture,
distribution in commerce, processing,
use, or disposal of such substance or
mixture or of any combination of such
activities on health or the environment
can reasonably be determined or
predicted, and (iii) testing of such
substance or mixture with respect to
such effects is necessary to develop
such data; or (B)(i) a chemical
substance or mixture is or will be
produced in substantial quantities, and
(I) it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or (II) there is or
may be significant or substantial human
exposure to such substance or mixture,
(ii) there are insufficient data and
experience upon which the effects of
the manufacture, distribution in
commerce, processing, use, or disposal
of such substance or mixture or of any
combination of such activities on
health or the environment can
reasonably be determined or predicted,
and (iii) testing of such substance or
mixture with respect to such effects is
necessary to develop such data.
Alternatives:
The strategy and overall approach that
EPA is using to address data collection
needs for U.S. HPV chemicals includes
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72883
a voluntary component (the HPV
Challenge Program), certain
international efforts, and these
rulemakings under TSCA. The issuance
of a rulemaking is often the Agency's
final mechanism for obtaining this
important information.
Anticipated Cost and Benefits:
The potential benefits of these test rules
are substantial, as no one — whether
in industry, government, or the public
— can make reasoned risk management
decisions in the absence of reliable
health and environmental information.
The cost of the baseline screening
testing that would be imposed is
estimated to be about $200,000 per
chemical for a full set of tests. It is
unlikely, however, for a chemical to
need a full set of tests, which would
only occur if none of the data in
question already exists.
Risks:
Data collected and/or developed under
these test rules, when combined with
information about exposure and uses,
will allow the Agency and others to
evaluate and prioritize potential health
and environmental effects and take
appropriate follow up action.
Timetable:
Action
NPRM
Final Action
Second NPRM
Date FR Cite
12/26/00 65 FR 81658
03/16/06 71 FR 13709
09/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3990; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2000/ December/Day-
26/t32497.htm; EPA Docket
information: EPA-HQ-OPPT-2 005-0033
Sectors Affected:
325 Chemical Manufacturing; 32411
Petroleum Refineries
URL For More Information:
www.epa.gov/opptintr/chemtest
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
Greg Schweer
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD16
EPA
108. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority:
Other Significant
.Legal Authority:
7 USC 136; 7 USC 136i; 7 USC 136w
CFR Citation:
40 CFR 171; 40 CFR 156; 40 CFR 152
Legal Deadline:
'None
Abstract:
The EPA is proposing change to
Federal regulations guiding the certified
pesticide applicator program (40 CFR
171). Change is sought to strengthen the
regulations so that they may better
protect pesticide applicators and the
public from harm due to pesticide
exposure. Changes would include
having occupational users of pesticides
demonstrate competency by meeting
minimum competency requirements,
and requiring additional competency
determinations of those who use the
most toxic pesticides in a manner that
could result in significant exposure to
the public. The need for change arose
from EPA discussions with key
stakeholders. EPA has been in
extensive discussions with stakeholders
since 1997 when the Certification and
Training Assessment Group (CTAG)
was established. CTAG is a forum used
by regulatory and academic
stakeholders to discuss the current state
of, and the need for improvements in,
the national certified pesticide
applicator program. Throughout these
extensive interactions with
stakeholders, EPA has learned of the
need for changes to the regulation.
Statement of Need:
The regulations governing the Federal
and State certification of pesticide
applicators, 40 CFR part 171, were
originally promulgated in 1974. Since
that time State certification programs
have gone beyond the Federal
regulations in a number of areas. In
1997 a group of stakeholders, the
Certification and Training Assessment
Group (CTAG) was established to
evaluate the current situation and
future direction of the program. CTAG,
comprised of representatives of state
pesticide regulatory agencies,
cooperative extension services, and
EPA Regions and Headquarters, and
tribes, offered suggestions for change to
the certification program to improve
protections for public health and the
environment.
Summary of Legal Basis:
7 U.S.C. 136w
Alternatives:
EPA is considering various alternatives
to regulation change based upon
stakeholder input. The Agency is in the
formative stages of this regulatory
effort, and alternatives have not yet
been fully identified and evaluated.
Anticipated Cost and Benefits:
EPA will develop an economic analysis
to support this rule.
Risks:
The proposed regulation would require
that occupational users of pesticides
meet minimum competency standards
and require additional competency
determinations of those who use the
most toxic pesticides in a manner that
could result in significant exposure to
the public. These changes would
strengthen the regulations that protect
pesticide applicators and the public
from potential harm due to pesticide
exposure.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Tribal
-------
72884 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Additional Information:
SAN No. 5007
Agency Contact:
Kathy Davis
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Donald Eckerman
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-5062
Fax: 703 308-2962 .
Email: eckerman.donald@epa.gov
RIN: 2070-AJ20
EPA
109. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority:
Other Significant
Legal Authority:
7 USC 136; 7 USC 136w
CFR Citation:
40CFR156;40CFR170
Legal Deadline:
None
Abstract:
The EPA is developing a proposal to
revise the Federal regulations guiding
agricultural worker protection (40 CFR
170). The changes under consideration
are intended to help agricultural
workers protect themselves from
potential exposure to pesticides and
pesticide residues, In addition, EPA is
proposing to make adjustments to
improve and clarify current
requirements and facilitate
enforcement. Other changes sought are
to establish a right-to-know Hazard
Communication program and make
improvements to pesticide safety
training, with improved worker safety
the intended outcome. The need for
change arose from EPA discussions
with key stakeholders beginning in
1996 and continuing through 2004.
EPA held nine public meetings
throughout the country during which
the public submitted written and verbal
comments on issues of their concern.
In 2000 through 2004, EPA held
meetings where invited stakeholders
identified their issues and concerns
with the regulations.
Statement of Need:
The regulations governing the
protection of agricultural workers, 40
CFR part 170, were promulgated in
1992. Since that time, stakeholders
.provided input on areas to improve the
regulation, particularly to better protect
agricultural field workers and handlers
from pesticide risks.
Summary of Legal Basis:
7 U.S.C. 136w
Alternatives:
EPA is considering various alternatives
to regulation change based upon
stakeholder input. The Agency is in the
formative stages of this regulatory
effort, and alternatives have not been
fully identified and evaluated.
Anticipated Cost and Benefits:
EPA will develop an economic analysis
to support this rule.
Risks:
This proposal would reduce the risks
to agricultural workers from potential
exposure to pesticides and pesticide
exposure.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 5006
Agency Contact:
Don Eckerman
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@epa.gov
Kathy Davis
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
RIN: 2070-AJ22
EPA
110. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority:
Other Significant
Legal Authority:
7 USC 136 to 136y
CFR Citation:
40 CFR 165
Legal Deadline:
None
Abstract:
EPA will propose to require that
manufacturers of agricultural and
professional specialty pesticides
support (either by managing and
operating, or contracting with another
organization) a container recycling
program that meets the standards of the
American National Standards Institute
(ANSI). The proposed regulation will
ensure the continued operation of an
existing but endangered nationwide
infrastructure for voluntary recycling of
plastic pesticide containers.
Statement of Need:
State regulatory agencies and large
pesticide manufacturers have requested
that EPA issue a regulation. The current
voluntary pesticide container recycling
program is not self-sustainable and the
program is in danger of collapsing in
spite of a nationwide infrastructure that
has developed to support the collection
and recycling of pesticide containers.
Over the past 12 years, the Agricultural
Container Recycling Council (ACRC)
has operated a voluntary recycling
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72885
program and has recycled over 80
million pounds of plastic pesticide
containers with an annual budget of
less than $4 million. The voluntary
program is at risk of collapse because
not all registrants participate financially
and some companies have resigned, or
plan to resign. If the existing system
fails, the infrastructure would be lost
and would have to be replaced. In
addition, without a recycling program,
less desirable or improper disposal of
at least 8 to 10 million additional
pounds of plastic containers would be
inevitable. The containers would be
burned, added to landfills or buried, in
many cases jeopardizing ground water.
Summary of Legal Basis:
FIFRA sections 19(e) and (f) mandate
container design requirements and
procedures and standards for the safe
removal of pesticides from containers
before disposal. This rule would
facilitate safe recycling as a part of safe
disposal or reuse. FIFRA sections 3, 6,
19(a) and 25 provide authority for EPA
to promulgate a rule making
participation in a recycling program a
condition of registration.
Alternatives:
The following non-regulatory
approaches have been considered: 1)
Continue to pursue a voluntary
program. This is not likely to be
successful because it would rely
heavily on a few registrants to cover
program costs for all other registrants.
The lack of support by non-
participating registrants would not
change. 2) Support the development of
state laws. States want a national
program to eliminate the inefficiencies
that would be inherent in 50 separate
infrastructures. 3) Encourage non-
monetary incentives such as awards.
This would not resolve the inequities
inherent in the current voluntary
system. 4) Encourage a phase-out of
disposable containers. This would not
be effective since most member
companies are using refillable
containers. The following regulatory
approach was considered: Propose a
detailed rule prescribing how recycling
. would be accomplished and by whom.
This would significantly increase the
cost of the rule and would reduce
flexibility without much added benefit.
Anticipated Cost and Benefits:
The existing voluntary program has an
annual budget of less than $4 million.
Current estimates are that ACRC
member companies account for 80 to
85% of the pesticides sold annually in
the agricultural pesticide market. We
would need to estimate the sales and
container usage of registrants in the
professional specialty pesticides market
and identify the remaining sales in the
agricultural market. The proposed rule
is in line with EPA's mission to protect
human health and safeguard the
environment. By providing an
opportunity for end users nationwide
to recycle plastic pesticide containers,
we will reduce the use of less desirable
disposal methods, leading to less litter,
reduced soil and ground water
contamination from burial and/or land
filling, and less air pollution from the
open burning of containers. Also,
containers would have to be properly
rinsed before being recycled, leading to
less possibilities for illness and injury
from pesticides and their residues.
Risks:
This proposal would reduce risks to
human health and the environment by
lessening the amount of litter, reducing
soil and ground water contamination
caused by burial and/or land filling,
and less air pollution from the open
burning of containers. Also, proper
rinsing prior to recycling would reduce
risks of illness and injury from
pesticides and their residues.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 5050
Agency Contact:
Jeanne Kasai
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ29
EPA
111. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFRPART112
Priority:
Otter Significant
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1321
CFR Citation:
40 CFR 112
Legal Deadline:
None
Abstract:
EPA will propose to amend 40 CFR
part 112, which includes the Spill
Prevention, Control, and
Countermeasure (SPCC) rule
promulgated under the authority of the
Clean Water Act. The proposed rule
may include a variety of issues
associated with the July 2002 SPCC
final rule. Specific decisions on the
scope of the rulemaking will be
determined after the final rule
associated with the Notices of Data
Availability has been completed and in
relation to EPA guidance.
Statement of Need:
The proposed rule is necessary to
clarify the regulatory obligations of
SPCC facility owners and operators and
to reduce the regulatory burden where
appropriate.
-------
72886 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Summary of Legal Basis:
The legal basis is 33 USC 1321 et seq.
Alternatives:
Undetermined.
Anticipated Cost and Benefits:
Undetermined.
Risks:
Undetermined.
Timetable:
Action
Date
FR Cite
Notice Clarifying
Certain Issues
NPRM 1 Year
Compliance
Extension
Final 18 Months
Compliance
Extension
NODA re: Certain
Facilities
NODA re: Oil-filled
and Process
Equipment
NPRM
05/25/04 69 FR 29728
06/17/04 69 FR 34014
08/11/04 69 FR 48794
09/20/04 69 FR 56184
09/20/04 69 FR 56182
02/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 2634.2; Split from RIN 2050-
AC62.
Agency Contact:
Hugo Fleischman
Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG16
EPA
112. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Priority:
Other Significant
Legal Authority:
RCRA 4004
CFR Citation:
40 CFR 261.38
Legal Deadline:
None
Abstract:
EPA currently excludes specific
industrial wastes, also known as
comparable fuels, from most Resource
Conservation and Recovery Act (RCRA)
hazardous waste management
requirements when the wastes are used
for energy production and do not
contain hazardous constituent levels
that exceed those found in a typical
benchmark fuel that facilities would
otherwise use. Using such wastes as
fuel saves energy by reducing the
amount of hazardous waste that would
otherwise be treated and disposed,
promotes energy production from a
domestic, renewable source, and
reduces use of fossil fuels. With an
interest in supplementing the nation's
energy supplies and to ensure that
energy sources are managed only to the
degree necessary to protect human
health and the environment, EPA, as
part of the Resource Conservation
Challenge, is examining the
effectiveness of the current comparable
fuel program and considering whether
other industrial wastes could be safely
used as fuel as well.
Statement of Need:
EPA is considering expanding the
comparable fuels program. This
program allows specific industrial
wastes to be excluded from the
Resource Conservation and Recovery
Act (RCRA) when they are used for
energy production and do not contain
hazardous constituent levels exceeding
those in a typical benchmark fuel that
facilities would otherwise use. If EPA
is successful in finding other, industrial
wastes that could be used for energy,
this would not only save energy by
reducing the amount of hazardous
waste that would be otherwise treated
and disposed, but also promote energy
production from a domestic, renewable
source and reduce our use of fossil
fuels. EPA is also examining the
'effectiveness of the current comparable
fuel program to determine whether
changes could be made to the existing
program to make it more effective.
Summary of Legal Basis:
This action is descretionary on the
Agency's part.
Alternatives:
To make significant changes to the
existing comparable fuels standard,
EPA must modify the existing
regulations. EPA intends to first
propose and seek comment on potential
regulatory modifications.
Anticipated Cost and Benefits:
When the existing comparable fuel
exemption was established, EPA
estimated that the rule would result in
annual savings of 11 to 36 million
dollars for generators and would result
in annual costs of 3 to 13 million
dollars for hazardous waste combustors.
The savings to generators were made
up of avoided hazardous waste
combustion costs and revenues from
sale of comparable fuels, less the
analytical costs. Costs to hazardous
waste combustion facilities stem from
lost revenue from wastes are diverted
to the comparable fuels market. EPA
has not conducted a preliminary
estimate of costs and benefits from
modifications to the existing
comparable fuels rule, as options to be
proposed have not been selected. Prior
to proposing options, EPA intends to
reach out to a broad group of
stakeholders to receive input on
potential regulatory approaches that
could be proposed. When EPA selects
the approaches to be proposed, we will
be in a position to estimate costs and
benefits of any regulatory actions.
Risks:
The rationale for the Agency's approach
to establishing the existing comparable
fuels standards is that if a hazardous
waste-derived fuel is comparable to a
fossil fuel in terms of hazardous and
other key constituents and has a
heating value indicative of a fuel, EPA
has discretion to classify such material
as a fuel product, not as a waste. Given
that a comparable fuel would have
legitimate energy value and the same
hazardous constituents in comparable
concentrations to those in fossil fuel
(and satisfies other parameters related
to comparability as well), classifying
such material as a fuel product and not
as a waste promotes RCRA's resource
recovery goals without creating any risk
greater than those posed by the
commonly used commercial fuels. If
EPA maintains this "benchmark"
approach in its revisions, the risks
associated with any changes will-
remain unchanged. Until EPA
establishes what approaches to propose
for modifications to the comparable
fuel standards, it is not possible to
provide a description of the risks
associated with such a proposal.
Timetable:
Action
Date
FR Cite
NPRM
06/00/07
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72887
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4977
Agency Contact:
Mary Jackson
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: jackson.mary@epa.gov
Hugh Davis
Environmental Protection Agency
Solid Waste and Emergency Response
5302W
Washington, DC 20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epa.gov
RIN: 2050-AG24
EPA
113. • DEFINITION OF SOLID WASTES
REVISIONS
Priority:
Economically Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority:
42 USC 6903 "RCRA Section 1004"
CFR Citation:
40 CFR 261.2
Legal Deadline:
None
Abstract:
On October 28, 2003 (68 FR 61558),
EPA proposed revisions to the
definition of solid waste for hazardous
secondary materials being reclaimed in
a continuous process in the generating
industry in an effort to increase the
recycling of such materials. The Agency
also took comment on a broader
proposal to exclude hazardous
secondary materials from being a solid
waste under RCRA Subtitle C. This
proposal was in part prompted by
various court decisions about the extent
of RCRA jurisdiction over hazardous
secondary materials being recycled. In
the same notice, the Agency also
proposed criteria for determining
whether or not hazardous secondary
materials are recycled legitimately; the
legitimacy criteria would apply to both
those hazardous secondary materials
that were excluded, as well as those
that would remain subject to regulation
under Subtitle C of RCRA. EPA
received numerous comments on the
proposal. In addition, EPA has
conducted studies of recycling practices
and the circumstances under which
recycling of hazardous secondary
materials are reclaimed in an
environmentally sound manner, as well
as when such reclamation has caused
environmental problems. Based on the
comments received and the new
information being made available for
public comment, the Agency will be
issuing a supplemental proposal that
would exclude from being a solid waste
certain hazardous secondary materials
that are reclaimed. We are also taking
comment on revisions being considered
to the legitimacy criteria, as well as
taking comment on a variance process
regarding hazardous secondary
materials that are recycled.
Statement of Need:
EPA is revising the definition of solid
waste to increase recycling.
Summary of Legal Basis:
Association of Battery Recyclers v.
EPA, 203 F. 2d 1047 (D.C. Cir. 2000);
American Mining Congress v. EPA, 824
F. 2d 1177 (D.C. Cir. 1987) and other
cases
Alternatives:
We have solicited comment in the
proposal on several alternative
regulatory options, including a broad
exclusion for legitimately recycled
materials, and are evaluating public
comments on all available options.
Anticipated Cost and Benefits:
We expect that this rule will increase
the recycling of wastes covered by the
rule. We have prepared an economic
analysis for the proposed rule, and we
are presently developing preliminary
costs and benefits for all our regulatory
options. When an option is chosen and
a final rule is drafted, we will prepare
a detailed economic analysis
quantifying the costs and benefits.
Risks:
We are developing conditions for the
rule so that there will be no negative
impacts on human health and the
environment.
Timetable:
Action
Date
FR Cite
NPRM 10/28/03 68 FR 61558
Supplemental NPRM 12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4670.1; EPA publication
information: NPRM -
• http://www.epa.gov/fedrgstr/ EPA-
WASTE/2003/October/ Day-
28/f26754.htm; Split from RIN 2050-
AE98.
Agency Contact:
Marilyn Goode
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov .
Tracy Atagi
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epamail.epa.gov
RIN: 2050-AG31
EPA
FINAL RULE STAGE
114. 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.
Final, Judicial, December 15, 2006,
Court ordered deadline for final rule.
-------
72888 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
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.
Statement of Need:
Section 112(f) of the Clean Air Act
requires EPA to assess residual risks
that remain after implementation of
technology-based standards for each
category of major sources of air-toxic
emissions. Section 112(f) also mandates
EPA to develop additional emission
standards for these sources, 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.
Summary of Legal Basis:
Clean Air Act Section 112
Alternatives:
Option 1 is no revision to NESHAP.
Option 2 requires additional controls
on equipment leaks and controls on
some storage tanks and process vents
that are controlled under the current
rule.
Anticipated Cost and Benefits:
Under Option 2 exposures for 450,000
people would be reduced from above
1 in a million to below 1 in a million
at an annualized cost of $13 million.
Risks:
Baseline cancer incidence is 0.1 cases
per year and risk to most exposed
individual is 100 in a million.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/14/06 71 FR 34421
01/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 4659; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/June/Day-14/a5219.htm
Sectors Affected:
325 Chemical Manufacturing
Agency Contact:
Randy McDonald
Environmental Protection Agency
Air and Radiation
C504-04
RTF, NC 27709
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epamail.epa.gov
KG Hustvedt
Environmental Protection Agency
Air and Radiation
C439-03
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK14
EPA
115. NESHAP: HALOGENATED
SOLVENT CLEANING—RESIDUAL
RISK STANDARDS
Priority:
Other Significant
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, December 2, 2002.
Final, Judicial, December 15, 2006,
Consent Decree.
Abstract:
The Halogenated Solvent Cleaning
NESHAP limits emissions of HAP from
solvent cleaning machines that use any
of the following halogenated solvents:
methylene chloride, perchloroethylene,
trichlordethylene, 1,1,1, -
trichloroethane, carbon tetrachloride,
chloroform, or any combination of
these solvents, in a total concentration
greater than 5 percent by weight. Each
individual solvent cleaning machine is
an affected source. The Halogenated
Solvent Cleaning NESHAP was
projected to reduce nationwide
emissions of hazardous air pollutants
(HAP) from halogenated solvent
cleaning machines by 85,300 tons per
year, or 63 percent of the 1991 baseline
emissions of 140,525 tons/year. On
December 3, 1999, the rule was
amended by adding compliance options
for continuous web cleaning machines.
Continuous web cleaning machines are
considered a subset of in-line cleaning
machines and are defined as: "a solvent
cleaning machine in which parts such
as film, coils, wire, and metal strips
are cleaned at speeds typically in
excess of 11 feet per minute. Parts are
generally uncoiled, cleaned such that
the same part is simultaneously
entering and exiting the solvent
application area of the solvent cleaning
machine, and then recoiled or cut."
This action is required by the CAA to
assess residual risk and develop
standards as necessary to provide an
ample margin of safety.
Statement of Need:
Section 112(fj of the Clean Air Act
requires EPA to assess residual risks
that remain after implementation of
technology-based standards for each
category of major sources of air-toxic
emissions. Section 112(f) also mandates
EPA to develop additional emission
standards for these sources, as
necessary, to provide an ample margin
of safety. This rule will cover the major
sources of air emissions within the
halogenated solvent cleaning industry.
Summary of Legal Basis:
Section 112(f) of the Clean Air Act.
Alternatives:
Based on its findings, EPA is co-
proposed and sought comment on two
options to amend to the existing
standards. Both options would impose
an annual cap on emissions of the
solvents methylene chloride,
perchloroethylene and
trichloroethylene and provide cost
savings to the industry'. The proposed
emission caps provide affected facilities
with the flexibility to reduce their
emissions using any traditional
methods available to reduce emissions
from their degreasing operations.
Anticipated Cost and Benefits:
Costs and benefits were summarized in
the NPRM. The differences between the
two options is that .the annual costs for
Option 1 are completely offset by the
solvent savings of up to $1 million
when compared to the annual costs of
Option 2. Option 2 establishes a more
stringent emission cap, reduces more
individual risks compared to Option 1
and moves more people into the range
that EPA considers acceptable with a
margin of safety. Option 2 will require
an increased number of facilities with
risks already less than 1-in-a-million to
comply with the standard. No
significant small business impacts are
expected under either Options 1 or 2.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72889
Risks:
Risk information was summarized in
the NPRM. EPA completed a risk
assessment to evaluate the risks
remaining now that hazardous air
emissions have been controlled at these
facilities through MACT. Residual risks
were found to exist from a number of
facilities. Also in preparation for the
proposed action, EPA completed a
technology review to determine if it
was necessary to revise the existing
standards to account for developments
in work practices, processes, and
control technologies.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
08/17/06
10/02/06
01/00/07
FR Cite
71 FR 47669
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Federalism:
Undetermined
Additional Information:
SAN No. 4668; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/EPA-AIR/
2006/August/Day-17/a6927.htm
Sectors Affected:
335999 All Other Miscellaneous
Electrical Equipment and Component
Manufacturing; 332999 All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 336999 All Other
Transportation Equipment
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
332116 Metal Stamping; 339
Miscellaneous Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact:
Lynn Bail
Environmental Protection Agency
Air and Radiation
C539-03
Research Triangle Park, NC 27711
Phone: 919 541-2363
Email: dail.lynn@epamail.epa.gov
Robin Dunkins
Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK22
EPA
116. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
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 7521
CFR Citation:
40 CFR Part 80; 40 CFR Part 86
Legal Deadline:
NPRM, Judicial, February 28, 2006,
Consent Decree.
Final, Judicial, February 9, 2007,
Consent Decree.
Abstract:
Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce risk to public
health and welfare. The Clean Air Act
requires EPA to periodically revise
requirements to control emissions of
these pollutants from mobile sources.
EPA committed to this rulemaking in
the preamble of the last rulemaking on
this topic, promulgated on March 29,
2001. This rule will address the need
for additional requirements, beyond
those associated with existing programs
and other forthcoming rules, to control
hazardous air pollutants ("air toxics")
from motor vehicles, nonroad engines
and vehicles, and their fuels. Previous
mobile source programs for highway
and nonroad sources and fuels have
already reduced air toxics significantly
and will provide substantial further
reductions in coming years as new
standards and programs are phased in.
This mobile-source air toxics rule will
provide an overview of these mobile
source programs and associated toxics
emissions reductions. The rule will
then address potential changes to
gasoline fuel parameters to reduce
toxics such as benzene and the
potential for additional vehicle
controls. We are also considering
portable fuel container controls due to
their significant contribution to VOC
emissions overall and the potential for
exposure to evaporative benzene
emissions.
Statement of Need:
Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce risk to public
health and welfare. The Clean Air Act
requires EPA to periodically revise
requirements to control emissions of
these pollutants from mobile sources.
EPA committed to this rulemaking in
the preamble of the last rulemaking on
.this topic, promulgated on March 29,
2001.
Summary of Legal Basis:
Clean Air Act Section 202
Alternatives:
The current proposal considers
potential changes to gasoline fuel
parameters to reduce toxics such as
benzene and the potential for
additional vehicle controls. We are also
considering portable fuel container
controls due to their significant
contribution to VOC emissions overall
and the potential for exposure to
evaporative benzene emissions.
Anticipated Cost and Benefits:
These controls would significantly
reduce emissions of benzene and other
mobile source air toxics such as 1,3-
butadiene, formaldehyde, acetaldehyde,
acrolein, and naphthalene. This
proposal would result in additional
substantial benefits to public health
and welfare by significantly reducing
emissions of particulate matter from
passenger vehicles. We project annual
nationwide benzene reductions of
35,000 tons in 2015, increasing to
65,000 tons by 2030. Total reductions
in mobile source air toxics would be
-------
72890 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
147,000 tons in 2015 and over 350,000
tons in 2030. Passenger vehicles in
2030 would emit 45% less benzene.
Gas cans meeting the new standards
would emit almost 80% less benzene.
Gasoline would have 37% less benzene
overall. We estimate that these
reductions would have an average cost
of less than 1 cent per gallon of
gasoline and less than $1 per vehicle.
The average cost for gas cans would
be less than $2 per can. The reduced
evaporation from gas cans would result
in significant fuel savings, which
would 'more than offset the increased
cost for the gas can.
Risks:
Benzene is a known human carcinogen,
and mobile sources are responsible for
the majority of benzene emissions. The
other mobile source air toxics are
known or suspected to cause cancer or
other serious health effects.
Timetable:
Action
NPRM
Final Action
Date
03/29/06
02/00/07
FR Cite
71 FR 15804
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN No. 4748; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/March/Day-29/a2315a.htm
Sectors Affected:
3361 Motor Vehicle Manufacturing;
3363 Motor Vehicle Parts
Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact:
Christopher Lieske
Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, MI 48105
Phone: 734 214-4584
Email: lieske.christopher@epamail.epa.gov
RIN: 2060-AK70
EPA
117. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority:
Other Significant
Legal Authority:
42 USC 7410; 42 USC 7501 et seq
CFR Citation:
40 CFR 51
Legal Deadline:
None
Abstract:
In 1997, EPA promulgated National
Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM-2.5). EPA designations of 39
nonattainment areas for the PM2.5
standards became effective on April 5,
2005. The Clean Air Fine Particle
Implementation Rule, which was
proposed in the Federal Register on
November 1, 2005, includes
requirements and guidance for State
and local air pollution agencies to
follow in developing State
implementation plans (SIPs) designed
to bring areas into attainment with the
1997 standards. These SIP development
activities include technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5 levels,
and the adoption of regulations as
needed in order to attain the standards.
Estimates show that compliance with
the standards will prevent thousands of
premature deaths from heart and lung
disease, tens of thousands of hospital
admissions and emergency room visits,
and millions of absences from school
and work every year.
Statement of Need:
This rule is needed in order to provide
guidance to State and local agencies in
preparing State implementation plans
(SIPs) designed to bring areas into
attainment with the 1997 PM-2.5
standards. The implementation
requirements for nonattainment areas
are generally described in subpart 1 of
section 172 of the Clean Air Act. This
rule provides further interpretation of
those requirements for the PM-2.5
standards.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq.
Alternatives:
Alternatives will be explored as the
proposal is developed.
Anticipated Cost and Benefits:
This information will be provided as
the proposal is developed.
Risks:
The risks addressed by this rule are
those addressed by the 1997 NAAQS
rule — i.e., the health and
environmental risks associated with
nonattainment of the NAAQS. These
risks were summarized in detail in the
analyses accompanying the 1997
NAAQS rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/01/05 70 FR 65984
01/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4752; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2005/November/Day-
01/a2045 5.htm
Agency Contact:
Rich Damberg
Environmental Protection Agency
Air and Radiation
C504-02
Research Triangle Park, NC 27711
Phone: 919 541-5592
Fax: 919 541-3207
Email: damberg.rich@epa.gov
Joe Paisie
Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Avenue NW.
Washington, DC 20460
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AK74
EPA
118. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): DEBOTTLENECKING,
AGGREGATION AND PROJECT
NETTING
Priority:
Other Significant
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72891
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 51.165; 40 CFR 51.166; 40 CFR
52.21
Legal Deadline:
None
Abstract:
This project will revise rules governing
the major new source review (NSR)
programs mandated by parts C and D
of title I of the Clean Air Act (CAA).
The new regulations will clarify and
codify our policy of when multiple
activities at a single major stationary
source must be considered together for
the purposes of determining major NSR
applicability ("aggregation"). Also, we
are changing the way emissions from
permitted emissions units upstream or
downstream from those undergoing a
physical change or change in the
method of operation are considered
when determining if a proposed project
will result in a significant emissions
increase ("debottlenecking"). Finally,
we are clarifying how emissions
decreases from a project may be
included in the calculation to
determine if a significant emissions
increase will result from a project
("project netting"). When final, these
rules will improve implementation of
the program by articulating and
codifying principles for determining
major NSR applicability that we
currently address through guidance
only. These rule changes reflect the
EPA's consideration of the EPA's 2002
Report to the President and its
associated recommendations as well as
discussions with various stakeholders
including representatives of
environmental groups, State and local
governments, and industry.
Statement of Need:
The current New Source Review
program provides for emissions from
multiple projects to be aggregated
(aggregation) as one single project
under certain circumstances. Similarly,
when making a PSD applicability
calculation, emissions from units
whose effective capacity and potential
to emit have been increased as a result
of a modification to another unit
(debottlenecked units), must be
included in the initial PSD
applicability calculations. Specific
questions regarding the application of
these two terms have been addressed
on a case-by-case basis. By completing
this rulemaking, regulated entities and
regulatory agencies will be provided an
additional level of certainty in
addressing applicability issues.
Summary of Legal Basis:
42 USC 7411(a)(4)
Alternatives:
Alternatives will be developed as the
rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate as the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/14/06 71 FR 54235
05/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State
Additional Information:
SAN No. 4793
Agency Contact:
Dave Svendsgaard
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epamail.epa.gov
Lisa Sutton
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
EPA
119. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Priority:
Other Significant
Legal Authority:
15 USC 2001 to 2003; 15 USC 2005
to 2006; 15 USC 2013
CFR Citation:
40 CFR 600
Legal Deadline:
None
Abstract:
The Energy Policy and Conservation
Act of 1974 requires EPA to establish
regulations that require auto
manufacturers to display fuel economy
estimates on a label for each new
vehicle. EPA also has authority to
prescribe the test procedures used to
calculate these fuel economy estimates.
These estimates allow consumers to
compare the fuel economy of different
vehicles. Current window stickers have
two fuel economy estimates, "City" and
"Highway." While actual driving
conditions will cause variations from
the EPA estimates, consumers should
expect to achieve fuel economy that is
reasonably close to those estimates.
Since EPA last revised the methods for
measuring fuel economy (1985), many
conditions have changed - speed limits
are higher, congestion has increased,
and more vehicles are equipped with
power-hungry accessories, like air
conditioning. All of these factors will
impact a vehicle's actual fuel economy.
Some of these factors - aggressive and
high-speed driving and air conditioner
use in particular - have been addressed
in EPA emission test procedures. In the
past few years, there has been a
growing awareness by consumers
• indicating that they are experiencing
lower actual fuel economy than the
EPA estimates. EPA has examined
many factors that are not currently
accounted for in our fuel economy
estimates. EPA's initial analyses
indicate that the fuel economy label
estimates are overestimated, perhaps
significantly for some vehicles. This
action will provide consumers with
more accurate and credible information
regarding the comparative fuel
economy of vehicles. This action will
amend the way in which fuel economy
estimates are calculated, primarily by
. incorporating the fuel economy results
from additional vehicle tests performed
today for emissions compliance
purposes. It will also propose changes
to how the fuel economy estimates and
other related information are presented
to consumers on the vehicle window
Sticker label. The changes in this action
will not impact the Corporate Average
Fuel Economy requirements.
-------
72892 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Statement of Need:
Section 774 of the Energy Policy Act
of 2005 requires EPA to update the fuel
economy label calculation methodology
to reflect a variety of factors not
currently accounted for in the existing
test procedures. Possible factors EPA
will consider include how well the
methodology reflects real-world driving
conditions and advances in automotive
technology.
Summary of Legal Basis:
Section 774 of the Energy Policy Act
of 2005.
Alternatives:
EPA is considering several options,
including adding new fuel economy
tests and revising adjustment factors.
Anticipated Cost and Benefits:
Costs and benefits were summarized in
the NPRM.
Risks:
Risk information was summarized in
the NPRM.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/01/06 71 FR 5425
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4962; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/February/Day-01/a451.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0169
Agency Contact:
Roberts French
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone: 734 214-4380
Email: french.roberts@epamail.epa.gov
Robin Moran
Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, MI 48105
Phone: 734 214-4781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AN14
EPA
120. AMENDMENT OF THE
STANDARDS FOR RADIOACTIVE
WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Priority:
Other Significant
Legal Authority:
PL 102-486
CFR Citation:
40 CFR 197
Legal Deadline:
None
Abstract:
This action will amend the standards
for Yucca Mountain, Nevada (40 CFR
Part 197). These standards were issued
in 2001 and were partially remanded
by a Federal court in 2004. These
amendments will address the remanded
portion of the standards, viz., the
compliance period. Yucca Mountain is
the site of a potential geologic
repository for spent nuclear fuel and
high-level radioactive waste. It is about
100 miles northwest of Las Vegas,
Nevada, and straddles the boundaries
of the Nevada Test Site, Bureau of Land
Management land, and an Air Force
bombing range. The site is being
developed by the Department of Energy
(DOE). The DOE will submit a license
application to the Nuclear Regulatory
Commission (NRG). We (EPA) were
given the authority to set Yucca
Mountain-specific standards in the
Energy Policy Act of 1992 (EnPA). The
EnPA also requires NRC to adopt our
standards in its licensing regulations
and use them as a basis to judge
compliance of the repository's
performance. The Agency issued final
Yucca Mountain standards in 2001. In
July 2004, the DC Circuit Court
returned the standards to EPA for
reconsideration of the regulatory time
frame. The Court found that the 10,000-
year compliance period violates our
authorizing statute for Yucca Mountain
regulation because it is not "based
upon and consistent with" scientific
recommendations required from the
National Academy of Sciences under
the legislation. To address the Court's
opinion, we must reassess the time
frame in light of the National
Academy's recommendation that
compliance must be addressed at the
time of peak dose, which may be as
long as several hundred thousand years
into the future.
Statement of Need:
Congress selected Yucca Mountain as
the Nation's only candidate site for a
repository for nuclear spent fuel and
high-level radioactive waste. The
Energy Policy Act of 1992 requires EPA
to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Summary of Legal Basis:
The Energy Policy Act of 1992 requires
EPA to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Alternatives:
To address the Court's opinion, we
must reassess the time frame in light
of the National Academy's
recommendation that compliance must
be addressed at the time of peak dose,
which may be as long as several
hundred thousand years into the future.
Alternatives addressing that
recommendation will be developed as
the rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as the rulemaking proceeds.
Risks:
Risk information will be developed as
the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/22/05 70 FR 49014
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4964; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2005/August/Day-22/al6193.htm
-------
Federal Register /Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72893
Agency Contact:
Ray Clark
Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
Raymond Lee
Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 343-9463
Fax: 202 343-2503
Email: lee.raymond@epa.gov
RIN: 2060-AN15
EPA
121. RENEWABLE FUELS STANDARD
RULE
Priority:
Other Significant
Legal Authority:
Pub. L. 109-58
CFR Citation:
40 CFR 80.1101
Legal Deadline:
Final, Statutory, August 6, 2006, The
Energy Policy Act of 2005 requires that
EPA promulgate RFS regulations by
08/06/2006.
Abstract:
The Energy Policy Act of 2005 (the
"Act"), signed into law on August 8,
2005, requires EPA to promulgate
regulations implementing the
Renewable Fuels Standard (RFS) within
one year of enactment. The RFS
requires specific volumes of renewable
fuel to be in gasoline sold in the U.S.
starting with 4.0 billion gal/yr in 2006
up to 7.5 billion gal/yr in 2012. The
Act provides that if EPA fails to
promulgate regulations within one year,
then a default value of 2.78%
renewable fuel in gasoline will be in
effect for 2006. We recently
promulgated a rule ("Renewable Fuel
Standards Requirements for 2006," 70
FR 77325, 12/30/05) to implement the
default standard. The Agency must
complete its obligation under the Act
by promulgating a rule that implements
the RFS for years 2007 and beyond.
Such rule must establish how the
renewable fuel standard is defined and
calculated, what parties are liable, and
how compliance with the standard is
to be determined. In addition, the rule
must establish a system by which
renewable fuel credits can be generated,
and traded/sold between parties. This
statutory provision is subject to
multiple interpretations of key terms.
The "Renewable Fuel Standard
Requirements for 2006" that we
promulgated on 12/30/05 interprets the
default provision so that it can be
implemented with certainty in the
event EPA fails to promulgate the RFS
within one year of enactment. It
provides for refiners, importers and
blenders to meet the 2.78%
requirement collectively, rather than on
an individual basis. Since our
projections show that this value is
highly likely to be met in 2006 under
planned practices of the refining
industry, we do not anticipate any
impacts on the industry in general, nor
any on small businesses. It will have
no effect on State, local or tribal
governments.
Statement of Need:
In The Energy Policy Act of 2005 (PL
109-58), Congress directed EPA to
undertake this rulemaking to support
the goal of increasing the production
and use of renewable fuels..
Summary of Legal Basis:
The Energy Policy Act of 2005 (PL 109-
58) requires EPA to promulgate
regulations that implement the
renewable fuels standard (RFS), which
applies to refineries, importers and
blenders as appropriate. The Act
specifies required amounts of
renewable fuel that must be in gasoline
sold in the United States. EPA's
regulations must define how the
standard is to be computed, who is
liable, and it must also include a credit
trading system which is stipulated in
the Act.
Alternatives:
The Energy Policy Act of 2005 set forth
requirements for the use of Renewable
Fuels. EPAct set forth specific
requirements for the minium volume of
renewable fuels, a schedule to increase
use, and requirements for establishing
a credit and trading program. This rule
intends to comply directly with EPAct
requirements.
Anticipated Cost and Benefits:
On average, EPA estimates the cost of
this increase in renewable fuels to
range from 0.3 to 1 cent per gallon of
gasoline. As part of the final
rulemaking, EPA plans to include an
updated analysis. However, currently,
renewable fuel demand is projected to
exceed the levels required by the
Energy Policy Act. The RFS does,
however, establish a baseline that
provides market certainty that at least
a minimum amount of renewable fuel
will be used should market conditions
change. Depending on the volume of
renewable fuel anticipated to be used
in 2012, EPA estimates that this
transition to renewable fuels will
reduce petroleum consumption by 2.3
to 3.9 billion gallons-or roughly 1.0 to
1.6 percent of the petroleum that would
otherwise be used by the transportation
sector. The preliminary analysis of the
emissions and air quality impacts of the
expanded use of renewable fuels
indicates that carbon monoxide
emissions from gasoline-powered
vehicles and equipment will be
reduced by 1.3 to 3.6 percent, benzene
(a mobile source air toxic) emissions
will be reduced by 1.7 to 6.2 percent
and carbon dioxide equivalent
greenhouse gas emissions will be
reduced by 9 to 14 million tons or
about 0.4 to 0.6 percent of the
anticipated greenhouse gas emissions
from the transportation sector in the
United States in 2012. At the same
time, other vehicle emissions may
increase as a result of greater renewable
fuel use. Nationwide, EPA estimates
between a 28,000 and 97,000 ton
increase in volatile organic compounds
plus nitrogen oxides (VOC + NOx)
emissions. However, the effects will
vary significantly by region. EPA
estimates that areas such as New York
City, Chicago, and. Los Angeles will
experience no increase, while other
areas may see an increase VOC
emissions from 3 to 5 percent and an
increase in NOx emissions from 4 to
6 percent from gasoline powered
vehicles and equipment.
Risks:
Failure to comply with EPAct statutory
mandate would void intention of
providing stability and certainty for
renewable market growth and support
for expanding domestic energy
production and reduced reliance on
foreign sources of petroleum.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/22/06 71 FR 55552
11/12/06
03/00/07
Regulatory Flexibility Analysis
Required:
No
-------
72894 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 5048
Agency Contact:
Barry Garelick
Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20005
Phone: 202 343-9028
Fax: 202 343-2802
Email: garelick.barry@epa.gov
David Korotney
Environmental Protection Agency
Air and Radiation
6407
Ann Arbor, MI 48105
Phone: 734 214-4507
Email: korotneydavid@epamail.epa.gov
RIN: 2060-AN76
EPA
122. • FINAL RULE FOR
IMPLEMENTATION OF THE NEW
SOURCE REVIEW (NSR) PROGRAM
FOR PM2.5
Priority:
Other Significant
Legal Authority:
42 USC 7410; 42 USC 7501 et seq
CFR Citation:
40 CFR 51
Legal Deadline:
None
Abstract:
In 1997, EPA promulgated National
Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM2.5). EPA designations of 39
nonattainment areas for the PM2.5
standards became effective on April 5,
2005. The Clean Air Fine Particle.
Implementation Rule, which was
proposed in the Federal Register on
November 1, 2005, includes
requirements and guidance for State
and local air pollution agencies to
follow in developing State
implementation plans (SIPs) designed
to bring areas into attainment with the
1997 standards. The proposed rule also
included the New Source Review (NSR)
provisions for implementing the PM2.5
program. In this final action, we have
split the NSR provisions of the
proposed rule as a separate package.
This rule will address the applicability
of NSR to precursors, Major Source
Threshold and Significant Emissions
Rate for PM2.5, preconstruction
monitoring requirements, offset
provisions and interpollutant trading of
offsets and finally the transition
provisions.
Statement of Need:
This rule is needed in order to provide
guidance to State and local agencies in
preparing State implementation plans
(SIPs) designed to bring areas into
attainment with the 1997 PM-2.5
standards. The implementation
requirements for nonattainment areas
are generally described in subpart 1 of
section 172 of the Clean Air Act. This
rule provides further interpretation of
those requirements for the PM-2.5
standards.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq.
Alternatives:
Alternatives will be explored as the
final rule is developed.
Anticipated Cost and Benefits:
This information will be provided as
the final rule is developed.
Risks:
The risks addressed by this rule are
those addressed by the 1997 NAAQS
rule — i.e., the health and
environmental risks associated with
nonattainment of the NAAQS. These
risks were summarized in detail in the
analyses accompanying the 1997
NAAQS rule.
Timetable:
Action
Date FR Cite
Final Action
02/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4752.2; Split from RIN 2060-
AK74.
Agency Contact:
Raj Rao
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.rai@epamail.epa.gov
Jabeen Akhtar
Environmental Protection Agency
Air and Radiation
C339-03
Research Triangle Park, NC 27711
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AN86
EPA
123. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority:
Other Significant
Legal Authority:
7 USC 136 to 136y
CFR Citation:
40 CFR 158
Legal Deadline:
None
Abstract:
EPA is revising its data requirements
for the registration of conventional
pesticide products. In this action, the
Agency is revising data requirements
that pertain to product chemistry,
toxicology, residue chemistry,
applicator exposure, post-application
exposure, nontarget terrestrial and
aquatic organisms, nontarget plant
protection, and environmental fate.
When promulgated, the data
requirements will reflect current
scientific knowledge and
understanding. These revisions will
improve the Agency's ability to make
regulatory decisions about die human
health and environmental effects of
pesticide products to better protect
wildlife, the environment, and people,
including sensitive subpopulations.
Coupled with revision of data
requirements, EPA is reformatting the
requirements and revising its general
procedures and policies associated with
data submission. By codifying existing
data requirements which are currently
applied on a case-by-case basis, the
pesticide industry, along with other
-------
Federal Register/ Vol. 71, No. .237/Monday, December 11, 2006/The Regulatory Plan 72895
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process.
Statement of Need:
Since the data requirements were first
published in 1984, the information
needed to support the registration of a
pesticide has evolved along with the
expanding knowledge base of pesticide
chemical technology. Over the years,
updated data requirements have been
applied on a case-by-case basis. The
codified data requirements have not
been revised to keep pace with the
updated data requirements. The
proposed changes update and revise the
data requirements, reformat the
structure of part 158 and update
procedures and policies for data
submission. The changes are intended
to provide stakeholders with a more
transparent and improved clarity of the
potential data requirements, more
focused use patterns that reflect current
practice, and a more efficient
registration process.
Summary of Legal Basis:
The final rule will describe data and
information needed to support multiple
pesticide mandates under two statutes:
the registration, reregistration,
registration review, and experimental
use permit programs under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), and the tolerance-setting
and reassessment program under the
Federal Food, Drug and Cosmetic Act
(FFDCA). These programs are
authorized under FIFRA sections 3,4,
and 5 and FFDCA sec 408.
Alternatives:
The Agency is required by its various
statutory mandates to establish data
requirements that support its regulatory
decisions. It is incumbent on the
Agency to reevaluate those data
requirements in light of scientific
advances, analytical improvements, and
new technology, in order to provide a
sound scientific basis for those
decisions. The Agency also considers
whether alternative regulatory methods,
such as restrictions on use, would
obviate the need for data, and explores
means of introducing flexibility and
clarity to reduce burdens on the
regulated community.
Anticipated Cost and Benefits:
Using the currently codified
requirements as the baseline for the
impact analysis, the total annual impact
of the proposed revisions to the
pesticide industry is estimated1 to be
about $51 million. Of this estimated
total annual impact, about $28.9
million per year represents new data
requirements that have been imposed
over the years but are not codified in
the CFR. In addition, about $21.6
million represents the cost of the
proposed modified or expanded
existing data requirements for certain
tests and use patterns, and about $1.9
million represents the cost of proposed
new data requirements for data that
have not yet been routinely required.
The qualified benefits include
improved usability and transparency
for registrants, improved scientific basis
for pesticide regulatory decisions,
enhanced international harmonization
with less duplication of data.
Risks:
The proposed revisions to the data
requirements, like the existing
requirements in part 158, would require
an applicant for pesticide registration
to supply the Agency with information
on the pesticide: composition, toxicity,
potential human exposure,
environmental properties, and
ecological effects. This information is
used to assess the human health and
environmental risks associated with the
product. The data that will be required
by this regulation form the foundation
of EPA's risk assessment for pesticides,
and provide a sound scientific basis for
any licensing decisions that impose
requirements that mitigate or reduce
risks, and that ensure that pesticide
resides in food meet the "reasonable
certainty of no harm" risk standard of
the Federal Food Drug and Cosmetic
Act (FFDCA).
Timetable:
Action
NPRM
Notice of Public
Date FR Cite
03/11/05 70 FR 12277
04/01/05 70 FR 16785
NPRM: Extension of 06/08/05 70 FR 33414
Comment Period
Final Action 04/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses '
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 2687; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
PEST/2005/March/Day-ll/p4466.htm;
Individual Document id in the EPA
docket: http://www.regulations.gov
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
data.htm
Agency Contact:
Vera Au
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 308-9069
Fax: 703 305-5884
Email: au.vera@epa.gov
Jean Frane
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC12
EPA
124. LEAD-BASED PAINT ACTIVITIES;
AMENDMENTS FOR RENOVATION,
REPAIR, AND PAINTING
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 2682 and 2684 (TSCA sections
402 and 404)
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
Abstract:
The Environmental Protection Agency
is developing a comprehensive program
for the management of renovation,
repair and painting activities involving
lead based paint hazards. The program
will be comprised of a combination of
approaches including an extensive
education and outreach campaign for
lead-safe work practices and training
for industry, an outreach campaign
-------
72896 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
designed to expand consumer
awareness and create demand for the
use of lead-safe work practices and the
proposal of regulatory requirements. On
January 10, 2006, the EPA proposed
regulatory requirements for renovation,
repair and painting contractors
involved in activities where, as a result
of their work, lead hazards are created.
[Modifications to the abatement
requirements will also be considered to
ensure compatibility between the
existing requirements and any future
renovation requirements.]
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood (Center for Disease Control's
level of concern). Although there have
been dramatic declines in blood-lead
levels due to reductions of lead in
paint, gasoline, and food sources, .
remaining paint in older houses
continues to be a significant source of
childhood lead poisoning. These rules
will help insure that individuals and
firms conducting lead-based paint
activities will do so in a way that
safeguards the environment and
protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
This regulation is mandated by TSCA
section 402(c). TSCA Section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of the extent to
which persons engaged in various types
of renovation and remodeling activities
are exposed to lead in the conduct of
such activities or disturb lead and
create a lead-based paint hazard on a
regular basis. Section 402(c) further
directs the Agency to revise the lead-
based paint activities regulations (40
CFR Part 745 Subpart L) to include
renovation or remodeling activities that
create lead-based paint hazards. In
order to determine which contractors
are engaged in such activities the
Agency is directed to utilize the results
of the study and consult with the
representatives of labor organizations,
lead-based paint activities contractors,
persons engaged in remodeling and
renovation, experts in health effects,
and others.
Alternatives:
TSCA Section 402{c) states that should
the Administrator determine that any
category of contractors engaged in
renovation or remodeling does not
require certification, the Administrator
may publish an explanation of the basis
for that determination.
Anticipated Cost and Benefits:
EPA's, quantitative cost estimates fall
into four categories: Training Costs,
Work Practice Costs, Clearance Testing
Costs, and Administrative Costs. The
estimates vary depending upon the
option selected. In most cases we
expect that requirements related to
Clearance Testing and Work Practices
will contribute the most to overall rule
cost. The benefits analysis will not
provide direct quantitative measures of
each (or any) option. EPA does not
have a complete risk assessment (with
dose-response functions) that would
permit direct quantitative estimates. We
do have other data, such as estimated
loadings of Pb generated by renovation
work, number and type of renovation
events, demographics of the exposed
population, and the costs of various
health effects previously linked to Pb
exposure. With the available
information we are able utilize several
qualitative approaches to frame the
benefits associated with an effective
renovation rule.
Risks:
These rules are aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children. The
Agency has concluded that many R&R
work activities can produce or release
large quantities of lead and may be
associated with elevated blood lead
levels. These activities include, but are
not limited to: sanding, cutting,
window replacement, and demolition.
Lead exposure to R&R workers appears
to be less of a problem than to building
occupants (especially young children).
Some workers (and homeowners) are
occasionally exposed to high levels of
lead. Any work activity that produces
dust and debris may create a lead
exposure problem.
Timetable:
Action
Date FR Cite
NPRM 01/10/06 71 FR 1588
Notice of Availability; 03/02/06 71 FR 10628
Supplemental
Economic Analysis
Notice of Availability; 03/08/06 71 FR 11570
Draft Pamphlet
Request for 03/16/06 71 FR 13561
Comment; Lead
Paint Test Kit
Development
NPRM: Extension of 04/06/06 71 FR 17409
Comment Period
Final Action 06/00/08
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 3557; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2006/January/Day-10/t071.htm;
EPA Docket information: EPA-HQ-
OPPT-2005-0049; Individual Document
id in the EPA docket:
www.regulations.gov
Sectors Affected:
23599 All Other Special Trade
Contractors; 23551 Carpentry
Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 531311
Residential Property Managers; 23321
Single Family Housing Construction;
54138 Testing Laboratories
URL For More Information:
www.epa.gov/oppt/lead/pubs/
renovation.htm
Agency Contact:
Mike Wilson
Environmental Protection Agency
Office of Prevention, Pestitides 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
7404T
Washington, DC 20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC83
EPA
125. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority:
Other Significant
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72897
Legal Authority:
7 USC 136 to 136y
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.
Statement of Need:
The Agency is in the process of
updating its data requirements for
pesticides. Current data requirements
for biochemical and microbial
pesticides were originally promulgated
in 1984. Since the data requirements
were first published in 1984, the
information needed to support the
registration of a biochemical or
microbial pesticide has evolved along
with the expanding knowledge base of
pesticide chemical technology. Over the
years, updated data requirements have
been applied on a case-by-case basis.
The codified data requirements have
not been revised to keep pace with the
updated data requirements. EPA has
proposed to update and revise the data
requirements. These revisions build
upon those previously proposed for
conventional chemicals, tailored to the
lesser data needs for biochemical and
microbial pesticides. The changes are
intended to provide stakeholders with
a more transparent and improved
clarity of the potential data
requirements, more focused use
patterns that reflect current practice,
and a more efficient registration
process.
Summary of Legal Basis:
7 U.S.C. 136 to 136y
Alternatives:
The Agency is required by its various
statutory mandates to establish data
requirements that support its regulatory
decisions. It is incumbent on the
Agency to reevaluate those data
requirements in light of scientific
advances, analytical improvements, and
new technology, in order to provide a
sound scientific basis for those
decisions. On a case by case basis, the
Agency also considers whether
alternative regulatory methods, such as
restrictions on use, would obviate the
need for data, and explores means of
introducing flexibility and clarity to
reduce burdens on the regulated
community.
Anticipated Cost and Benefits:
EPA has analyzed several economic
alternatives for the proposed revisions
to the biochemical and microbial
pesticide data requirements, based
upon consultations with stakeholders
in industry, academia and individual
registrants. EPA has considered both a
low-cost and a high-cost alternative to
the proposal.The rule is expected to
reduce burdens and costs to registrants
of biochemical and microbial
pesticides. Current estimated savings
are in the range of $3 million annually,
or $63,000 per company. The qualified
benefits include improved usability and
transparency for registrants, improved
scientific basis for pesticide regulatiory
decisions, and enhanced international
harmonization with less duplication of
data.
Risks:
The proposed revisions to the data
requirements, like the existing
requirements in part 158, would require
an applicant for pesticide registration
to supply the Agency with information
on the pesticide: composition, toxicity,
potential human exposure,
environmental properties and
ecological effects. This information is
used to assess the human health and
environmental risks associated with the
product. The data that will be required
by this regulation form the foundation
of EPA's risk assessment for pesticides,
and provide a sound scientific basis for
any licensing decisions that impose
requirements that mitigate or reduce
risks, and that ensure that pesticide
resides in food meet the "reasonable
certainty of no harm" risk standard of
the Federal Food Drug and Cosmetic
Act (FFDCA).
Timetable:
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4596; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
PEST/2006/March/Day-08/p2185.htm
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
data.htm
Agency Contact:
Candace Brassard
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@epa.gov
Jean Frane
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD51
EPA
126. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority:
Other Significant
Legal Authority:
15 USC 2611
CFR Citation:
40 CFR 707
Legal Deadline:
None
Action
Date
FR Cite Abstract:
NPRM
Final Action
03/08/06 71 FR 12071
06/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Section 12(b)of the Toxic Substances
Control Act (TSCA) states, in part, that
any person who exports or intends to
export to a foreign country a chemical
substance or mixture for which
submission of data is required under
section 4 or 5(b), or for which a rule,
action or order has been proposed or
promulgated under section 5, 6, or 7,
-------
72898 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
shall notify the EPA Administrator of
such export or intent to export. The
Administrator in turn will notify the
government of the importing country of
EPA's regulatory action with respect to
the substance. As part of OMB's
Regulatory Reform of the U.S.
Manufacturing Sector Report (2005),
industry commented that the existing
TSCA section 12(b) regulations do not
provide a low-level cut-off for the
export notification requirements. To
address that concern, EPA committed
to OMB that it would consider
potential changes to the TSCA section
12(b) regulation within the scope of
existing statutory authority and issue a
proposed amendment to address the
concern expressed by January 2006.
EPA issued proposed amendments to
the 12(b) export notification regulations
on February 9, 2006 that included a
de minimis concentration level below
which notification would not be
required along with several other
changes. The public comment period
on the proposed rule has ended and
EPA is proceeding with development of
a rule to finalize the proposed changes.
Legislation is currently pending to
address the implementation in the US
of the Rotterdam Convention on Prior
Informed Consent (PIC), which itself
includes export notification
requirements.
Statement of Need:
Industry nominated the implementing
regulations for reform consideration
twice. First in the annual report on the
costs and benefits of regulations,
entitled "Stimulating Smarter
Regulation: 2002 Report to Congress on
the Costs and Benefits of Regulations
and Unfunded Mandates on State,
Local, and Tribal Entities," that is
prepared by the Office of Management
and Budget (OMB) and submitted to
Congress each year. (See OMB's
compilation of comments, summary no.
190, pg 10, commenter no. 12 available
at http://www.whitehouse.gov/omb/
inforeg/key comments.html.) And
then again in 2004, see no. 39 in OMB's
Regulatory Reform of the U.S.
Manufacturing Sector Report (2005).
The industry nominations stated that:
many notifications are for minor
substance/product ingredients or
impurities that are not an imminent
concern; compliance with export
notification requirements is a
significant cost to industry and a paper
work burden to EPA; and that the scope
and number of notifications has created
confusion among importing countries.
After careful consideration of these
nominations, EPA published proposed
amendments to the 12(b) export
notification regulations that, if
finalized, will reduce the reporting
burden on industry and EPA and also
focus importing governments' attention
on those chemicals for which EPA has
proposed to make or has made a
definitive finding that a chemical
"presents or will present" an
unreasonable risk to human health or
the environment.
Summary of Legal Basis:
Section 12(b)(2) of the Toxic
Substances Control Act (TSCA).
Alternatives:
In the proposed rule, EPA requested
public comments on alternative
approaches that could be considered,
including whether there are more
appropriate de minimis thresholds that
should be used.
Anticipated Cost and Benefits:
The Economic Analysis for the
proposed rule estimated that the
proposed amendments would save the
regulated community $440,000 in costs
over 20 years and would save the
Federal government $450,000 over 20
years.
Risks:
None.
Timetable:
Action
NPRM
Final Action
02/09/06 71 FR 6733
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4858; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2006/February/Day-09/tl797.htm;
EPA Docket information: EPA-HQ-
OPPT-2005-0058
URL For More Information:
www.epa.gov/opptintr/chemtest/
12b.htm
Agency Contact:
Greg Schweer
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Ken Moss
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: moss.kenneth@epa.gov
RIN: 2070-AJ01
EPA
127. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority:
Other Significant
Legal Authority:
15 USC 2603 "TSCA 4"
CFR Citation:
40 CFR 790 to 799
Legal Deadline:
None
Date FR Cite Abstract:
PFOA is a synthetic (man-made)
chemical that does not occur naturally
in the environment. EPA identified data
gaps regarding the sources and
exposure pathways of PFOA and is
seeking additional data concerning the
potential relationship between
fluoropolymer and fluorotelomer based
polymer chemicals and PFOA. EPA has
invited interested parties to monitor
and participate in negotiations for
developing several industry sponsored
testing programs concerning
fluoropolymers and fluorotelomer based
polymers which may metabolize or
degrade to PFOA. These testing
programs would be set in place
preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of the Toxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section .4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
-------
Federal Register/Vol. 71, No. 237/Monday, December li, 2006/The Regulatory Plan 72899
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Statement of Need:
In the late 1990's, EPA received
information indicating that
perfluorooctyl sulfonates (PFOS) were
widespread in the blood of the general
population, and presented concerns for
persistence, bioaccumulation, and
toxicity. Following discussions between
EPA and 3M, the manufacturer of
PFOS, the company terminated
production of these chemicals. Findings
on PFOS led EPA to review similar
chemicals, including PFOA, starting in
2000, to determine whether they might
present concerns similar to those
associated with PFOS. PFOA is very
persistent in the environment and was
being found at very low levels both in
the environment and in the blood of
the general U.S. population. Studies
indicated that PFOA can cause
developmental and other adverse
effects in laboratory animals. PFOA
also appears to remain in the human
body for a long time. All of these
factors, taken together, prompted the
Agency to investigate whether PFOA
might pose a risk to human health and
the environment at the levels currently
being found, or at levels that might be
reached in the future as more PFOA
continues to be released into the
environment. EPA does not have a full
understanding of how people are
exposed to PFOA, which is used an
essential processing aid in the
manufacture of fluoropolymers, and
may also be a breakdown product of
other related chemicals, called
fluorinated telomers. In April 2003,
EPA released a preliminary risk
assessment for PFOA and started a
public process to identify and generate
additional information to better
understand the sources of PFOA and
the pathways of human exposure. EPA
is negotiating with multiple parties to
produce missing information on PFOA
through Enforceable Consent
Agreements (EGAs), memoranda of
understanding, and voluntary
commitments. The EGA activities
related to PFOA are addressed by the
Regulatory Agenda entry.
Summary of Legal Basis:
These Consent Orders which
incorporate Enforceable Consent
Agreements (EGAs) will be issued
under section 4(a) of TSCA. Section
2(b)(l) of TSCA states that it is the
policy of the United States that
"adequate data should be developed
with respect to the effect of chemical
substances and mixtures on health and
the environment and that the
development of such data should be the
-responsibility of those who
manufacture [which is defined by
statute to include import] and those
who process such chemical substances
and mixtures[.]" To implement this
policy, TSCA section 4(a) of TSCA
authorizes EPA to require
manufacturers and processors of
chemical substances and mixtures to
test these chemicals to determine
whether they have adverse health or
environmental effects. Section 4(a)
empowers the Agency to promulgate
rules which require such testing. In
addition, EPA has authority to enter
into EGAs requiring testing where they
provide procedural safeguards
equivalent to those that apply where
testing is conducted by rule (see 40
CFR 790).
Alternatives:
EPA identified the need to improve its
understanding of the sources and
pathways of exposure to PFOA in 2003 .
and initiated a process to develop
needed new date on the issue. This
new information will assist the Agency
in determining if there are potential
risks and what risk management steps
may be appropriate. Specifically, EPA
is working with industry and other
stakeholders to obtain additional
monitoring information on PFOA,
exposures resulting from incineration
or loss from products as they are used
over time, and telomer biodegradation
as a potential source of PFOA. The
Agency is developing formal TSCA
Section 4 Enforceable Consent
Agreements (EGAs) and Memoranda of
Understanding (MOUs) with industry
in a public process involving a large
number of interested parties, and is
cooperating on voluntary research
activities. Data needs which remain
unmet through the MOUs and
voluntary commitments may be
addressed through additional EGAs
and/or rulemaking.
Anticipated Cost and Benefits:
The potential benefits of these EGAs are
substantial, as no one — whether in
industry, government, or the public —
can make reasoned risk management
decisions in the absence of reliable
health/environmental effects and
exposure information. These EGAs are
expected to reduce scientific
uncertainties and to enable EPA and
the public to more fully understand the
pathways of human exposure and
potential risks from PFOA. The costs
of the testing that would be imposed
is estimated to be on the order of
several hundred thousand dollars for
each.
Risks:
PFOA is very persistent in the
environment and was being found at
very low levels both in the
environment and in the blood of the
general U.S. population. Studies
indicated that PFOA can cause
developmental and other adverse
effects in laboratory animals. PFOA
also appears to remain in the human
body for a long time. Data collected
and/or developed under these Consent
Orders/EGAs, when combined with
information about hazard, will allow
the Agency and others to evaluate and
prioritize potential health and
environmental effects and take
appropriate follow up action.
Timetable:
Action
Date FR Cite
Final: EGA and CO 07/08/05 70 FR 39630
for Fluoropolyrrier
Chemicals
Incineration
Final: EGA and CO 07/08/05 70 FR 39624
for Fluorotelomer-
based Polymer
Chemicals
Incineration
Notice: Measurement 12/00/06
of PFOA Generated
from Thermal
Degradation of
Fluoropolymer
Chemicals
Stewardship Program 12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3493.1; EPA publication
information: Final: EGA and CO for
Fluorotelomer-based Polymer
Chemicals Incineration -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2005/July/Day-08/tl3492.htm;
EPA Docket information: OPPT-2003-
0012
URL For More Information:
www.epa.gov/oppt/pfoa/index.htm
-------
72900 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Agency Contact:
Greg Schweer
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Rich Leukroth
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epamail.epa.gov
RIN: 2070-AJ06
EPA
128. HAZARDOUS WASTE MANIFEST
REVISIONS-STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority:
Other Significant. Major under 5 USC
801.
Legal Authority:
42 USC 6922; 42 USC 6923; 42 USC
6924; 42 USC 6926; PL 105-277
CFR Citation:
40 CFR 260; 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271
Legal Deadline:
None
Abstract:
This action is aimed at continuing the
development of regulatory standards
and procedures that will govern the
initiation, signing, transmittal, and
retention of hazardous waste manifests .
using electronic documents and
systems. EPA proposed electronic
manifest standards in May 2001, as part
of a more general manifest revision
action that also addressed standardizing
the paper manifest form's data elements
and procedures for its use across all
states. The Manifest Form Revisions
was decoupled from action on the
electronic manifest, and the Final Form
Revisions Rule was published on June
16, 2005. The May 2001 proposed rule
included: (1) Electronic file formats for
the manifest data elements; (2)
electronic signature options; and (3)
computer security controls aimed at
ensuring data integrity and reliable
systems. Subsequently in May 2004, a
stakeholder meeting collected
additional stakeholder views on the
future direction of the electronic
manifest. Based on the record
developed for the proposed standards
and the additional views from
stakeholders at the May 2004 meeting,
EPA is considering final action on the
proposed standards. However, since the
publication of the proposed rule in
2001, EPA has found that there is a
fairly broad consensus in favor of the
development of a national e-manifest
system by EPA. EPA is now
considering the option of developing a
national system, but EPA's ability to
pursue this option will depend on new
funding being authorized or on new
authority for EPA to collect user fees.
Statement of Need:
The regulation is necessary to establish
the standards and procedures under.
which hazardous waste handlers will
be authorized to use electronic
manifests in lieu of the existing paper
manifest forms. The current regulations
only allow the use of prescribed paper
forms which must be carried physically
with the waste shipment, signed by
hand with each change of custody, and
filed among each waste handler's
operating records. This regulation will
remove impediments in the current
regulations to using electronic
manifests, and it will specify the
conditions under which electronic
manifests may be obtained, completed,
electronically signed, and transmitted,
so that the electronic manifests may be
used and accepted as the legal
equivalent of the current paper forms.
Summary of Legal Basis:
There is currently not in place a statute
or court order which requires EPA to
adopt the electronic manifest
regulation. However, members of
Congress are currently considering a
Bill that would mandate the
development of an electronic manifest
system by EPA, and such a Bill, if
enacted during the 109th Congress,
could include a regulatory deadline for
promulgating a regulation authorizing
the use of electronic manifests.
Whether or not there is such a statutory
mandate, EPA could develop a
regulation addressing the e-Manifest
under the authority of RCRA Section
3002(a)(5), which authorizes EPA to
promulgate regulations establishing
standards for generators of hazardous
waste, including standards on "the use
of a manifest system and any other
reasonable means necessary to assure
that all such hazardous waste generated
is designated for treatment, storage, or
disposal in and arrives at" permitted
facilities.
Alternatives:
Based on comments submitted on the
proposed rule, and additional
stakeholder input received at public
meetings, EPA's preferred alternative is
now the development of a consistent,
national e-Manifest system that would
be developed and operated under a
Federal contract funded by user fees,
and hosted on EPA's Central Data
Exchange reporting system. Other
alternatives include a national system
that would be developed entirely
privately; a decentralized option like
the one suggested in the proposed rule,
under which various private entities
would develop numerous e-Manifest
systems adhering to standards
announced by EPA; and a no action
alternative, under which all manifesting
would continue only with paper
manifests.
Anticipated Cost and Benefits:
The estimated 1st year or start-up costs
for a national e-Manifest system are
projected to be in the range of $3.98
million to $5.32 million. Annual
operation and maintenance (O&M) costs
for such a system are projected in the
range $2.03 million to $2.48 million.
Economic benefits from such a system
include net savings to manifest users
and to State RCRA agencies of about
$100 million per year, assuming that
75 percent of manifests can be
completed electronically. These
projected savings can also be expressed
as a net unit sayings of $23 to $40 per
manifest. Non-economic benefits
expected from the e-Manifest include:
Better quality and more timely waste
shipment data; nearly real time
shipment tracking capabilities for users;
enhanced inspection and compliance
monitoring capabilities for regulators;
more rapid notification and response to
problems or discrepancies with waste
shipments; niore efficient or "one-stop"
submission of manifest data to EPA and
States; and new possibilities to manage
manifest data and to simplify or
consolidate existing systems for
reporting and tracking manifest and
biennial report data.
Risks:
This action addresses administrative
requirements for tracking hazardous
waste shipments and does not involve
the control of "risks" in the sense that
RCRA regulations typically address the
risks posed by the management of
hazardous wastes. There is not a formal
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72901
risk assessment developed for this
action. Since the e-manifest regulation
could authorize the use of an
information technology (IT) system that
would be developed to create and
transmit electronic manifests, there
would be information system
management risks and information
security risks associated with
developing and operating such an IT
system. EPA will assess and manage
these information technology and
security risks as part of the Capital
Planning and Investment Control (CPIC)
process that governs the management
of EPA's IT investments.
Timetable:
Action
Date
FR Cite
NPRM
Notice of Public
Meeting
NODA
Final Action
05/22/01 66 FR 28240
04/01/04 69 FR 17145
04/18/06 71 FR 19842
04/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 31471; EPA publication
information: NPRM -
http://www.gpo.gov/su docs/aces/fr-
cont.html; Split from RIN 2050-AE21;
EPA Docket information: EPA-HQ-
RCRA-2001-0032
Sectors Affected:
325 Chemical Manufacturing; 2211
Electric Power Generation,
Transmission and Distribution; 332
Fabricated Metal Product
Manufacturing; 2122 Metal Ore Mining;
2111 Oil and Gas Extraction; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Agency Contact:
Rich LaShier
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epamail.epa.gov
Bryan Groce
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AG20
EPA
129. OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
REQUIREMENTS—AMENDMENTS
Priority:
Economically Significant
Legal Authority:
33 USC 1321
CFR Citation:
40 CFR 112
Legal Deadline:
None
Abstract:
On September 20, 2004, the
Environmental Protection Agency (EPA
or the Agency) issued two Notices of
Data Availability (NODAs) concerning
certain facilities and oil-filled and
process equipment. Based on its review
of the information received from the
NODAs, EPA proposed to amend the
Spill Prevention, Control, and
Countermeasure (SPCC) Plan
requirements to reduce the regulatory
burden for certain facilities by:
providing an option that would allow
owners/operators of facilities that store
less than 10,000 gallons of oil and meet
other qualifying criteria to self-certify
their SPCC Plans, in lieu of review and
certification by a Professional Engineer;
providing an alternative to the
secondary containment requirement,
without requiring a determination of
impracticability, for facilities that have
certain types of oil-filled equipment;
defining and providing an exemption
for motive power containers; and
exempting airport mobile refuelers from
the specifically sized secondary
containment requirements for bulk
storage containers. In addition, the
Agency also proposed to remove and
reserve certain SPCC requirements for
animal fats and vegetable oils and
proposed a separate extension of the
compliance dates for farms (see 70 FR
73524, December 12, 2005). In
proposing these changes, EPA is
significantly reducing the burden
imposed on the regulated community
in complying with the SPCC
requirements, while maintaining
protection of human health and the
environment. EPA has also requested
comments on the potential scope of
future rulemaking.
Statement of Need:
The Office of Management and Budget
(OMB) targeted certain rulemakings
across the U.S. Environmental
Protection Agency (EPA), including the
SPCC rule, for regulatory reform on an
expedited schedule. (Progress in
Regulatory Reform: 2004 Report to
Congress on the Costs and Benefits of
Federal Regulations and Unfunded
Mandates on State, Local, and Tribal
Entities ("Thompson Report")). This
rulemaking will provide streamlined,
alternative approaches for compliance
with oil spill prevention requirements
for certain entities, and to improve net
welfare by reducing the costs of
regulation and improving compliance,
resulting in greater environmental
protection.
Summary of Legal Basis:
Section 311(j)(l)(C) of the Clean Water
Act (CWA or the Act), 33 U.S.C.
1321(j)(l)(C), requires the President to
issue regulations establishing
procedures, methods, equipment, and
other requirements to prevent
discharges of oil from vessels and
facilities and to contain such
discharges. The President delegated the
authority to regulate non-
transportation-related onshore facilities
to EPA in Executive Order 11548 (35
FR 11677, July 22, 1970), which has
been replaced by Executive Order
12777 (56 FR 54757, October 22, 1991).
No aspects of this action are required
by statute or court orders.
Alternatives:
EPA considered alternative options for
various aspects of this rulemaking in
the December 2005 proposed rule,
following receipt of public comments,
and through logical outgrowth of the
proposed rule. To address streamlined
requirements for a defined set of
"qualified facilities," alternative
options included: (1) providing an
-------
72902 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
indefinite extension of deadlines or a
suspension of all SPCC requirements;
and (2) a multi-tiered structure of
requirements based on a facility's total
regulated storage based on the SBA
proposal described in the Certain
Facilities NODA published last year. To
address streamlined requirements for
small oil-filled operational equipment,
alternative approaches considered
included: (1) an option similar to the
qualified facilities proposal, in which
eligibility of a facility with oil-filled
operational equipment would be
determined by considering capacity
thresholds and reportable discharge
history from any oil-filled operational
equipment; (2) a tiered set of
requirements for electrical and other
oil-filled operational equipment; (3)
providing an indefinite extension of the
Plan revision and implementation dates
for certain types of oil-filled operational
equipment; and (4) suspending all
SPCC requirements for certain types of
oil-filled operational equipment. For
motive power containers greater than
55 gallons in size, alternative options
included: (1) exemption of all motive
power containers, except motive power
containers on aircraft and mining
equipment; (2) exemption of all motive
power containers below a certain gallon
threshold; and (3) exclusion of motive
power containers only from the facility
storage capacity calculation and bulk
storage container requirements.
Anticipated Cost and Benefits:
Considered separately and applying a
7 percent discount rate, today's
proposed regulatory changes could
yield annualized compliance cost
savings, in 2005 dollars, of about $38
million for the "Qualified Facility"
option, $39 to $67 million for "Oil-
Filled Equipment" option (assuming 25
to 75 percent of facilities with oil-filled
equipment affected); $1 million to $5
million for the "Motive Power"
exemption (assuming 10 to 50 percent
of facilities with motive power
containers affected); and $17 million to
$51 million for the "Mobile Refuelers"
exemption (assuming 25 to 75 percent
of facilities with mobile refuelers
affected). The main benefit of the rule
is the reductions in compliance costs
due to streamlined requirements. EPA
does not believe that these cost
reductions would be offset by any
significant losses in environmental
protection.
Risks:
EPA has designed the final rule to
minimize increases in environmental
risk. Although the final rule may
increase the risk of discharge by an
unknown magnitude by streamlining
the rule for certain owners and
operators of facilities, EPA believes that
any environmental impact will be
minimal, and will be offset by the
benefits of increased compliance with
the SPCC rule.
Timetable:
Action Date FR Cite
NODA re: Certain
Facilities
NODA re: Oil-filled
and Process
Equipment
NPRM
Final Action
09/20/04 69 FR 56184
09/20/04 69 FR 56182
12/12/05 70 FR 73524
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 2634.3; EPA publication
information: NODA re certain facilities
- http://www.epa.gov/fedrgstr/ EPA-
WATER/2004/September/Day-
20/w21065.htm; Split from RIN 2050-
AG16.
Agency Contact:
Vanessa Rodriguez
Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202 564-7913 .
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG23
EPA
130. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR PEAK
WET WEATHER DISCHARGES FROM
PUBLICLY OWNED TREATMENT
WORK TREATMENT PLANTS
SERVING SANITARY SEWER
COLLECTION SYSTEMS POLICY
Priority:
Other Significant
Legal Authority:
33 USC 1311, 1318, 1342, 1361
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, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. Based
on a review of all the information
received, EPA has decided not to
finalize the policy as proposed in
November 2003. On December 22,
2005, EPA requested public comment
on an alternative Peak Flows Policy
that is significantly different than the
2003 draft policy.
Statement of Need:
Regulatory agencies, municipal
operators of wastewater facilities, and
representatives of environmental
advocacy groups have expressed
uncertainty about the appropriate
regulatory interpretation for peak wet
weather diversions at publicly owned
treatment works (POTW) treatment
plants serving separate sanitary sewer
collection systems. This policy is
needed to clarify NPDES permit
requirements for such wet weather
diversions and to ensure a
comprehensive regulatory approach
reduces peak wet diversions.
Summary of Legal Basis:
33 USC 1251 et seq.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72903
Alternatives:
On November 7, 2003, EPA requested
public comment on a proposed policy
which would have provided an
alternative regulatory interpretation.
Under the proposed interpretation in
the November 7, 2003 proposed policy,
a wet weather diversion around
biological treatment units that was
blended with the wastewaters from the
biological units prior to discharge
would not have been considered to
constitute a prohibited bypass if the six
criteria specified in the November 7,
2003 proposed policy were met. EPA
received significant public comment on
the proposed policy, including over
98,000 comments opposing the policy
due to concerns about human health
risks. On May 19, 2005, EPA indicated
that after consideration of the
comments, the Agency had no intention
of finalizing the 2003 proposal. On July
26, 2005, Congress enacted the FY 2006
Department of the Interior,
Environment, and Related Agencies
Appropriations Act (P.L. 109-54).
Section 203 of the Appropriations Act
provides that none of the funds made
available in the Act could be used to
finalize, issue, implement or enforce
the November 7, 2003 proposed
blending policy. On December 22,
2005, EPA requested public comment
on an alternative Peak Flows Policy
that is significantly different than the
2003 draft policy.
Anticipated Cost and Benefits:
The costs and benefits associated with
this policy have not been evaluated.
Risks:
The collection and treatment of
municipal sewage and wastewater is
vital to public health. During
significant rain events, high volumes of
water entering a sewage collection
system can overwhelm the collection
system or treatment plant. Operators of
wastewater treatment plants must
manage these high flows to both ensure
the continued operation of the
.treatment process and to prevent
backups and overflows of raw
wastewater in basements or city streets.
The proposed policy seeks to reduce
public health risks by encouraging
municipalities to make investments in
ongoing maintenance and capital
improvements to improve their
system's long-term performance.
Timetable:
Action
Date FR Cite
1st Draft Policy
2nd Draft Policy
Final Policy
11/07/03 68 FR 63042
12/22/05 70 FR 76013
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions
Government Levels Affected:
Local, State, Tribal
Federalism:
Undetermined
Additional Information:
SAN No. 4690; EPA publication
information: 2nd Draft Policy -
http://www.epa.gov/fedrgstr/ EPA-
WATER/2005/December/Day-
22/w7696.htm; EPA Docket
information: EPA-HQ-OW-2005-0523
Sectors Affected:
22132 Sewage Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact:
Kevin Weiss
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevm@epa.gov
Mohammed Billah
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0729
Fax: 202 564-0717
Email:
billah.mohammed@epamail.epa.gov
RIN: 2040-AD87
EPA
131. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority:
Other Significant
Legal Authority:
CWA 301, 304, 306, 307, 308, 402, 501
CFR Citation:
40 CFR Part 122; 40 CFR Part 412
Legal Deadline:
None
Abstract:
This rulemaking is in response to the
Second Circuit's February 28, 2005,
decision in Waterkeeper Alliance vs.
EPA, which vacated provisions in the
Concentrated Animal Feeding
Operations (CAFO) rule found at 40
CFR 412. Two vacatures from the case
affect the 1) duty that all CAFOs need
to apply for an NPDES permit, and 2)
provisions that nutrient management
plans (NMPs) need only be kept on-
site. This proposed rule would remove
the duty to apply for all CAFOs and
replace it with a requirement for
CAFOs to apply for a permit if they
discharge or propose to discharge. The
proposed rule also would establish a
process to address the court's concerns
that the information within NMPs be
available for public comment, reviewed
by the permit authority, and
incorporated into the permit. It is EPA's
intention to make only those changes
necessary to address the issues raised
by the court.
Statement of Need:
EPA is revising the National Pollutant
Discharge Elimination System (NPDES)
permitting requirements and Effluent
Limitations Guidelines and Standards
(ELGs) for concentrated animal feeding
operations (CAFOs) in response to the
decision issued by the Second Circuit
Court of Appeals in Waterkeeper
Alliance v. EPA, 399 F.3d 486 (2nd Cir.
2005), which vacated certain aspects of
the 2003 CAFO rule and remanded
other aspects for clarification. This rule
responds to the court's decision while
furthering the statutory goal of restoring
and maintaining the nation's water
quality and effectively ensuring that
CAFOs properly manage manure
generated by their operations.
Summary of Legal Basis:
Congress passed the Federal Water
Pollution Control Act (1972), also
known as the Clean Water Act (CWA),
to "restore and maintain the chemical,
physical, and biological integrity of the
nation's waters" (33 U.S.C. 1251(a)).
Among the core provisions, the CWA
establishes the NPDES permit program
to authorize and regulate the discharge
of pollutants from point sources to
waters of the U.S. 33 U.S.C. 1342.
Section 502(14) of the CWA specifically
includes CAFOs in the definition of the
term "point source." Section 502(12)
defines the term "discharge of a
pollutant" to mean "any addition of
any pollutant to navigable waters from
any point source" (emphasis added).
EPA has issued comprehensive
regulations that implement the NPDES
program at 40 CFR part 122. The Act
also provides for the development of
technology-based and water quality-
-------
72904 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
based effluent limitations that are
imposed through NPDES permits to
control the discharge of pollutants from
point sources. CWA sections 301(a) and
(b).
Alternatives:
Because this rulemaking is in response
to the decision issued by the Second
Circuit Court of Appeals in
Waterkeeper Alliance v. EPA vacating
or remanding certain aspects of the
2003 CAFO rule, there are no non-
regulatory options that would satisfy
the requirements of the court.
Anticipated Cost and Benefits:
Since there is no change in technical
requirements, changes in impacts on
respondents are estimated to result
exclusively from changes in the
information collection burden. EPA
estimates that CAFOs will experience
a net reduction in administrative
burden of approximately $15.4 million
due to the court decision. At the same
time, however, permitting authorities
would have to bear a net $0.5 million
annual increase in administrative
burden. In total, the administrative
burden under the proposed rule is
projected to decline to a total of
approximately $64 million annually for
both regulated facilities and permit
authorities, which constitutes a
reduction of more than $14.9 million
compared to the 2003 CAFO rule.
Risks:
None
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/30/06 71 FR 37744
06/00/07
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4996; NPRM -
http://www.epa.gov/fedrgstr/ EPA-
WATER/2006/June/Day-30/w5773.htm
Agency Contact:
Kawana Cohen
Environmental Protection Agency
Water
MC 4203M
Washington, DC 20460
Phone: 202 564-2435
Email: cohen.kawana@epa.gov
Gregory Beatty
Environmental Protection Agency
Water
1200 Pennsylvania Ave, NW
Washington, DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epamail.epa.gov
RIN: 2040-AE80
EPA
132. WATER TRANSFERS RULE
Priority:
Other Significant
Legal Authority:
33 USC 1251 et seq
CFR Citation:
40 CFR 122.3
Legal Deadline:
None
Abstract:
This rulemaking addresses the question
of whether the National Pollutant
Discharge Elimination System (NPDES)
permitting program under Section 402
of the Clean Water Act (CWA) is
applicable to water control facilities
that merely convey or connect
navigable waters. For purposes of this
action, the term "water transfer" refers
to any activity that conveys or connects
navigable waters (as that term is
defined in the CWA) without subjecting
the water to intervening industrial,
municipal, or commercial use. This
rulemaking focuses exclusively on
water transfers and is not relevant to
whether any other activity is subject to
the CWA permitting requirement.
Statement of Need:
This rulemaking is needed to clarify
that NPDES permits are not required
for water transfers. In 2004, this
question was presented before the
Supreme Court in South Florida Water
Management District v. Miccosukee
Tribe of Indians. The Court declined
to rule directly on the issue and
remanded it back to the District Court
for further deliberation, generating
uncertainty among the potentially
regulated community and other
stakeholders.
Summary of Legal Basis:
The legal basis is 33 USC 1251 et seq.
Alternatives:
On August 5, 2005, EPA issued a legal
memorandum entitled "Agency
Interpretation on Applicability of
Section 402 of the Clean Water Act to
Water Transfers." Based on the statute
as a whole, this memo concluded that
Congress intended for water transfers to
be subject to oversight by water
resource management agencies and
State non-NPDES authorities, rather
than the NPDES permitting program.
The interpretive memo stated that the
Agency would initiate a rulemaking to
this effect. The issuance of a
rulemaking will provide the greatest
certainty for stakeholders.
Anticipated Cost and Benefits:
There are no costs and benefits
associated with this rulemaking.
Risks:
There are no risks associated with this
rulemaking.
Timetable:
Action
NPRM
Final Action
Date
06/07/06
03/00/07
FR Cite
71 FR 32887
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State
Additional Information:
SAN No, 5040; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
WATER/2006/June/Day-07/w8814.htm
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan 72905
Agency Contact:
Jeremy Arling
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-2218
Fax: 202 564-6384
Email: arling.jeremy@epa,gov
Ryan Albert
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0763
Fax: 202 564-6392
Email: alhert.ryan@epa.gov
RIN: 2040-AE86
EPA
133. • IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Priority:
Other Significant
Legal Authority:
33 USC 1251 et seq
CFR Citation:
None
Legal Deadline:
None
Abstract:
In the 2001 Federal Register notice of
the availability of EPA's recommended
water quality criterion for
methylmercury, EPA stated that it
would develop associated procedures
and guidance for implementing the
criterion. For States and authorized
tribes exercising responsibility under
CWA section 303(c), this document
provides technical guidance on how
they might want to use the
recommended 2001 fish tissue-based
criterion to develop and implement
their own water quality standards for
methylmercury. The guidance
addresses topics related to adoption
and revision of standards, monitoring,
waterbody assessment, TMDL
development, and NPDES permitting.
Also, EPA published a national
advisory for fish consumption due to
mercury in March 2003; the
implementation guidance will clarify
the relationship between this advisory
and the recommended criterion. Since
atmospheric deposition is considered to
be a major source of mercury for many
waterbodies, implementing this
criterion involves coordination across
many media and program areas.
Statement of Need:
The methylmercury criterion is
expressed as a fish and shellfish tissue
value, and this raises both technical
and programmatic implementation
questions. EPA expects that, as a result
of the revised methylmercury water
quality criterion, together with a more
sensitive method for detecting mercury
in effluent and the water column, and
increased monitoring of previously
unmonitored waterbodies, the number
of waterbodies that states report on
CWA section 303(d) lists as impaired
due to methylmercury contamination
might continue to increase.
Development of water quality
standards, NPDES permits, and TMDLs
present challenges because these
activities typically have been based on
a water concentration (e.g., as a
measure of mercury levels in effluent).
This guidance addresses issues
associated with states and authorized
tribes adopting the new water quality
criterion into their water quality
standards programs and
implementation of the revised water
quality criterion in TMDLs and NPDES
permits. Further, because atmospheric
deposition serves as a large source of
mercury for many waterbodies,
implementation of the criterion
involves coordination across various
media and program areas.
Summary of Legal Basis:
N/A .
Alternatives:
N/A
Anticipated Cost and Benefits:
The costs and benefits associated with
this guidance have not been evaluated.
Risks:
N/A
Timetable:
Action
Date
FR Cite
Final Document 01/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Tribal
Additional Information:
SAN No. 5098; FDMS Docket number:
Docket ID No. EPA-HQ-OW-2006-0656
URL For More Information:
www.epa.gov/waterscience/criteria/
methylmercury
Agency Contact:
Jim Pendergast
Environmental Protection Agency
Water
4305T
Washington, DC 20004
Phone: 202 566-0398
Email: pendergast.jim@epamail.epa.gov
RIN: 2040-AE87
EPA
134. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority:
Other Significant
Legal Authority:
42 USC 11023 et seq
CFR Citation:
40 CFR 372
Legal Deadline:
None
Abstract:
The primary goal of this effort by EPA
is to reduce burdens associated with
Toxics Release Inventory (TRI)
reporting while at the same time
continuing to provide valuable
information to the public consistent
with the goals and statutory
requirements of the TRI program.
Statement of Need:
EPA is looking to explore various
options with the intention of
identifying a specific burden reduction
initiative that effectively lessens the
burden on facilities but at the same
time ensures that TRI continues to
provide communities with the same
high level of significant chemical
release and other waste management
information.
Summary of Legal Basis:
Section 313 of the Emergency Planning
and Community Right-to-Know Act
(EPCRA) of 1986 and section 6607 of
the Pollution Prevention Act (PPA) of
1990.
Alternatives:
Still under analysis.
Anticipated Cost and Benefits:
Still under analysis.
-------
72906 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/The Regulatory Plan
Risks:
Not Applicable.
Timetable:
Government Levels Affected:
Federal, State
Additional.Information:
Action
Date
FR Cite
NPRM
Final Action
SAN No. 4896; EPA publication
10/04/05 70 FR 57822 information: NPRM -
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
http://www.epa.gov/fedrgstr/ EPA-
WASTE/2005/October/Day-
04/fl9710.htm
URL For More Information:
www.epa.gov/tri
Agency Contact:
Marc Edmonds
Environmental Protection Agency
• Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Larry Reisman
Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202 566-0751
Fax: 202 566-0727
Email: reisman.larry@epamail.epa.gov
RIN: 2025-AA14
BILLING CODE 6560-50-S
-------
-------
-------
-------
73848
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[FRL 8209-2]
Fall 2006 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
• Rules and major policymakings
completed or canceled since die last
agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please call 800-490-9198 or, until
November 15, send an e-mail with your
name and address to: ncepimal@one.net.
Afer November 15, send it to
nscep@bps-lmit.com. There is no charge
for a single copy of the agenda.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you. have general
questions about or suggestions for
improving the agenda or questions
about EPA's decisionmaking process,
please contact: Phil Schwartz (1803A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202] 564-6564; e-
mail: schwartz.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. What Are EPA's Regulatory Goals
and What Key Principles, Statutes, .
and Executive Orders Inform Our
Rule and Policymaking Process?
B. How Can You Be Involved in EPA's
Rule and Policymaking Process?
C. What Actions Are Included in the
Agenda and What Is the Relationship
Between the Agenda and Regulatory
Plan?
D. How Is the Agenda Organized?
E. What Information Is in Agenda
Entries?
F. How Can You Find Out More About
EPA Rulemakings?
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
H. Thank You for Collaborating With
Us.
A. What Are EPA's Regulatory Goals
and What Key Principles, Statutes, and
Executive Orders Inform Our Rule and
Policymaking Process?
Our primary objective is to protect
human health and the environment.
One way we achieve this objective is
through the development of regulations.
In the United States, Congress passes
laws and authorizes certain Government
agencies, including EPA, to create and
enforce regulations. EPA regulations
cover a range of environmental and
public health protection issues, from
setting standards for clean water to
establishing requirements for proper
handling of toxic wastes to controlling
air pollution from industry and other
sources,
To ensure that our regulatory
decisions are scientifically sound, cost-
effective, fair, and effective in achieving
environmental goals, we conduct high
quality scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process, so that
Agency decisionmakers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
Building flexibility into regulations
from the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. We seek collaborative
solutions to shared challenges.
Research, testing, and adoption of new
environmental protection methods are
also a central tenet in environmental
problemsolving. The integration of all of
these elements via a well-managed
regulatory development process and a
strong commitment to innovative
solutions will ensure that we all benefit
from significant environmental
improvements that are fair, efficient,
and protective. Our overall success is
measured by our effectiveness in
protecting human health and the
environment. For a more expansive
discussion of our regulatory philosophy
and priorities please see the Statement
of Priorities in the FY 2007 Regulatory
Plan (www.epa.gov/regagenda).
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act.
We also must meet a number of
requirements contained in Executive
orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4,1993), 12898
(Environmental Justice; 59 FR 7629; .
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23,1997), 13132 (Federalism; 64 FR
.43255, August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249, November 9, 2000), and 13211
(Energy; 66 FR 28355, May 22, 2001).
You can find information on these
laws and Executive orders through links
from www.epa.gov/regagenda.
B. How Can You Be Involved in EPA's
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register(FR). To
be most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or non-regulatory action. You can be
particularly helpful and persuasive if'
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73849
EPA
Democracy gives real power to
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA's rule and
policymaking process.
C. What Actions Are Included in the
Agenda and What Is the Relationship
Between the Agenda and Regulatory
Plan?
EPA includes regulations and certain
major policy documents in the agenda.
However, there is no legal significance
to the omission of an item from the
agenda, and we generally do not include
minor amendments or the following
categories of actipns:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers.
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Registration-related decisions, actions
affecting the status of currently
registered pesticides, and data call-
ins.
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations.
• 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.
The Regulatory Plan, which is
required by Executive Order (E.O.)
12866, is published along with the fall
edition of the regulatory agenda. The
Plan includes a limited number of EPA
actions, typically 20-45, which will be
published during the current fiscal year
and which are the centerpieces of our
regulatory priorities. Plan entries
include all of the information included
in agenda entries described in section E,
below, as well as additional information
about alternatives, the need for a
Federal solution, costs, benefits, and
risks.
EPA's and other agencies' regulatory
plans are published together in part 2 of
the Federal Register on the same day
that the regulatory agenda is published.
To save money, we do not include
detailed information on actions that are
included in the Plan in the regulatory
agenda itself; rather, we cross-reference
the plan entries.
To Find the Regulatory Plan:
EPA's FY 06 regulatory plan is located
in part 2 of this issue of the Federal
Register. Within a day or two of
publication, on-line versions will be
located at
http://www.epa.gov/REGAGENDA and
at
http://ciir.cs.umass.edu/ua/
Fall2006/regplan/ENVIRONMENTAL __
PROTECTION__AGENCY_JEPA).html.
D. How Is the Agenda Organized?
We have organized the Agenda:
First, into fourteen divisions based on
the law that would authorize a
particular action. These divisions are:
1. General, which includes crosscutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
Community Right-to-Know Act (EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and Liability
Act Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. The Shore Protection Act (SPA)
Second, by the current stage of
development. The stages are:
1. Prerulemaking—Prerulemaking
' actions are generally intended to
determine whether EPA should
2. 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.
3. Proposed Rule—This section
includes EPA rulemaking actions that
are within a year of proposal
4. (publication of Notices of Proposed
Rulemakings (NPRMs)).
5. Final Rule—This section includes
rules that will be issued as a final rule
within a year.
6. Long-Term Actions—This section
includes rulemakings for which the
next scheduled regulatory action is
after October 2008.
7. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the spring 2006 agenda. It also
includes actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the agenda.
E. What Information Is in Agenda
Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates where
the entry appears in the agenda.
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
-------
73850
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including'
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under E.O.
12866, a rulemaking action that may
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
Other Significant: A rulemaking that is
not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, men we
would classify the action as either
"Economically Significant" or "Other
Significant.*'
Informational/Administrative/Other: An
action that is primarily informational or
pertains to an action outside the scope
of E.O. 12866.
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 would be
affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations) that
documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
RFA. Generally, such an analysis is
required for proposed or final rules
subject to the RFA that EPA believes
may have a significant economic impact
on a substantial number of small
entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the
Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification number
that EPA uses to track rulemakings and
other actions under development.
URLs: For some of our actions we
include the Internet addresses for:
Reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket which is at:
www.regulations.gov. Once there,
follow the on-line instructions to access
the docket and submit comments. A
Docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
agenda entries that have already been
proposed.)
RIN: The Regulatory Identifier Number
is used by OMB to identify and track
rulemakings. The first four digits of the
RIN stand for the EPA office with lead
responsibility for developing the action.
F. How Can You Find Out More About
EPA Rulemakings?
1. Public Dockets
When. EPA publishes either an
ANPRM or an NPRM in the Federal
Register, the Agency may establish a
docket to accumulate materials
throughout the development process for
that rulemaking. The docket serves as
the repository for the collection of
documents or information related to a
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73851
EPA
particular Agency action or activity.
EPA most commonly uses dockets for
rulemaking actions, but dockets may
also be used for Regulatory Flexibility
Act section 610 reviews of rules with
significant impacts on a substantial
number of small entities and various
non-rulemaking activities, such, as
Federal Register documents seeking
. public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and .other non-rule
activities.
2. EPA Web sites
Some of the actions listed in the
agenda include a URL that provides
additional information.
3. Regulatory Agenda Web sites
If you have access to the Internet, you
can use databases and their
accompanying search engines
developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA regulatory agenda search engine is
located at www.epa.gov/regagenda. We
are working on making the site easier to
use to provide more frequent updates. If
you have any thoughts or suggestions,
please contact us at:
http://yosemite.epa.gov/
OPEI/smallbus.nsf/Contactus?openform.
RISC's searchable databases are at
http://ciir.cs.umass.edu/ua/.
4. Agenda Indexes
There are five indexes that provide:
a. A list of the existing rules that we are
reviewing under section 610 of the
RFA
b. A list of actions that may have a
significant impact on a substantial
number of small businesses, small
governments, or small non-profit
organizations
c. A list of actions that may have some
impact on some small businesses,
small governments, or small non-
profit organizations but that may
either have less than a significant
impact or affect fewer than a
substantial number of them
d. A list of actions that may affect State,
local, or tribal governments
e. A list of actions that may have
federalism implications as defined in
E.G. 13132.
There is a sixth appendix included in •
the Unified Agenda, a subject matter
index. This index is not included in
EPA's agenda reprints for reasons of
costs and because of the availability of
the search engines described in no. 3,
immediately above.
5. Listservers
If you want to get automatic e-mails
about areas of particular interest, we
maintain 12 listservers including:
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board .
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
http://www.epa.gov/fedrgstr/
subscribe.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.
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
GENERAL—Proposed Rule Stage
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act), the Agency must prepare
a formal analysis of the potential
negative impacts on small entities,
convene a Small Business Advocacy
Review Panel (proposed rule stage), and
prepare a Small Entity Compliance
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the .
Agency's policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA website at
http://www.epa.gov/sbrefa/. See Index
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 Index C for a list
of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SISNOSE). We have no section 610
reviews planned until 2008.
H. Thank You for Collaborating with
Us.
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
proven tool for solving the
environmental problems we face and
the regulatory agenda is an important
part of that process.
Dated: September 6, 2006.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
3003
3004
Title
SAN No. 4292 Procedures for Implementing the National Environmental Policy Act and Assessing the Environ-
mental Effects Abroad of EPA Actions
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
Regulation
Identifier
Number
2020-AA42
2030-AA67
-------
73852 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
GENERAL—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3005 SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors 2030-AA88
3006 SAN No. 4903 Award Term Contracting : 2030-AA89
3007 SAN No. 4931 Accessibility Standards for Contract Deliverables (Section 508) 2030-AA90
GENERAL—Final Rule Stage
' : I
Number
3008 SAN No. 3580 Incorporation of Class Deviations Into EPAAR : ., 2030-AA37
3009 SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements 2020-AA39
3010 SAN No. 5092 Implementation of 2 CFR Part 180 2030-AA94
3011 SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces. New Mexico (Phases l-ll) 2090-AA27
GENERAL—Long-Term Actions
~
Number
3012 SAN No. 3240 Public Information and Confidentiality Regulations 2025-AA02
GENERAL—Completed Actions
Regulation
*ffl?
3013 SAN No. 5062 Implementation of Authority To Appoint Research Scientists 2030-AA91
3014 SAN No. 5063 Simplified Acquisition Financing 2030-AA92
3015 SAN No. 4836 Project XL Site Specific Rulemaking for the NASA White Sands Test Facility in Las Cruces, New
Mexico (Phases III-VI) 2090-AA35
CLEAN AIR ACT (CAA)—Prerule Stage
Regulation
Titie . tas?
3016 SAN No. 5093 Risk and Technology Review Phase II 2060-AN85
CLEAN AIR ACT (CAA)—Proposed Rule Stage
I IS?
3017 SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Fa-
cilities 2060-AK81
3018 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide (Reg Plan Seq No.
100) .". 2060-AI43
3019 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
3020 SAN No. 3649 Amendments to Method 24 (Water-Based Coatings) , 2060-AF72
3021 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3022 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73853
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3023 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62
3024 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
3025 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
3026 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
3027 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel (Engines Less Than 30 Liters
per Cylinder (Reg Plan Seq No. 101) 2060-AM06
3028 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
3029 SAN No. 4859 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
3030 .SAN No. 4882 Control of Emissions From Nonrbad Spark-Ignition Engines and Equipment (Reg Plan Seq No.
102) 2060-AM34
3031 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
3032 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
3033 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use with Substitute Refrigerants 2060-AM49
3034 SAN No. 4906 NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
3035 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
3036 SAN No. 4699.1 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Require-
ments, and on Methods to Improve Such Monitoring • 2060-AM63
3037 SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing 2060-AM71
3038 SAN No. 4907 NESHAP: Gasoline Distribution Area Source Standards 2060-AM74
3039 SAN No. 4908 NESHAP: General Provisions (Once In Always In) — Amendments 2060-AM75
3040 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
3041 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
3042 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
3043 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
3044 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs (Reg Plan
Seq No. 103) 2060-ANOO
3045 SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and
Light-Duty Trucks; Amendments : 2060-AN10
3046 SAN No. 4960 Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking
for Georgia for Purposes of Reducing Ozone Interstate Transport 2060-AN12
3047 SAN No. 4978 NESHAP: Autobody Refinishing - Area Source Rule 2060-AN21
3048 SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone (Reg Plan Seq No. 104) 2060-AN24
3049 SAN No. 4794.2 Prevention of Significant Deterioration, Nona'ttainment New Source Review, and New Source
Performance Standards: Emissions Test for Electric Generating Units (Reg Plan Seq No. 105) 2060-AN28
3050 SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extin-
guishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30
3051 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation ...: 2060-AN36
3052 SAN No. 4910.1 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments 2060-AN37
3053 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before De-
cember 9, 2004 .-. 2060-AN43
3054 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used Ozone-Depleting
Substances for Destruction in the United States ! 2060-AN48
3055 SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant 2060-AN49
3056 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Import of Pre-Charged Products 2060-AN58
3057 SAN No. 4752.1 Transition to New or Revised Paniculate Matter (PM) National Ambient Air Quality Standards 2060-AN59
3058 SAN No. 5025 Revisions to the Definition of Potential to Emit (PTE) 2060-AN65
3059 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule : 2060-AN68
3060 SAN No. 5030 National Volatile Organic Compound Emission Standards for Aerosol Coatings 2060-AN69
3061 SAN No. 5035 New Source Performance Standards (NSPS): Equipment Leaks-Subparts W & GGG 2060-AN71
3062 SAN No. 5036 Petroleum Refineries-New Source Performance Standards (NSPS)-Subpart J 2060-AN72
3063 SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines 2060-AN73
3064 SAN No. 5045 Revision to Definition of Volatile Organic Compounds-Exclusion of Compounds 2060-AN75
-------
73854
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3065
3066
3067
3068
3069
3070
3071
3072
SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing:
Amendments ...:
SAN No. 5056 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2007
SAN No. 5057 Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005
Transportation Bill (SAFETEA-LU)
SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead (Reg Plan Seq No. 106)
SAN No. 5076 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rea-
sonable Possibility in Recordkeeping .'.
SAN No. 5089 Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial,
Commercial, and Institutional Steam Generating Units •
SAN No. 5094 Clean Air Mercury Rule: Federal Plan
SAN No. 4625.6 Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Stand-
ard—Notice of Reconsideration
2060-AN80
2060-AN81
2060-AN82
2060-AN83
2060-AN88
2060-AN97
2060-AN98
2060-AOOO
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
Identifier
Number
3073 SAN No. 4070 General Conformity Regulations; Revisions '. 2060-AH93
3074 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
3075 SAN No. 4752 Clean Air Fine Particle Implementation Rule (Reg Plan Seq No. 117) 2060-AK74
3076 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
3077 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR 60, Appendix F. Procedure 3) 2060-AH23
3078 SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand 2060-AJ78
3079 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards (Reg Plan Seq No. 115) 2060-AK22
3080 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
3081 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards (Reg Plan Seq No. 114) 2060-AK14
3082 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
3083 SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources (Reg Plan Seq No. 116) 2060-AK70
3084 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3085 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
3086 SAN No. 5047 NESHAP: National Emisson Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Reconsideration of the Particulate Matter Standard) 2050-AG29
3087 SAN No. 5047.1 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Response to Petitions for Reconsideration) 2050-AG35
3088 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
3089 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3090 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation and Project Netting (Reg Plan Seq No. 118) 2060-AL75
3091 SAN No. 4809 Control of Emissions of Air Pollution from New Motor Vehicles: On-Board Diagnostic Requirements
for Heavy-Duty Engines & Vehicles Above 14,000 Pounds & In-Use, Not-To-Exceed Emission Standard Testing 2060-AL92
3092 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
3093 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
3094 SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities-Area Source Rule 2060-AM16
3095 SAN No. 4866 NESHAP: Site Remediation: Amendments 2060-AM30
3096 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
3097 SAN No. 4918 Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sec-
tor Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
3098 SAN No. 3259.2 Nonattainment Major New Source Review (NSR): Final Rules 2060-AM59
3099 SAN No. 4757.1 Component Durability Procedures for New Light-Duty Vehicles, Light-Duty Trucks and Heavy-
Duty Vehicles 2060-AN01
-------
. Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73855
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3100 SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances in Foam
Blowing 2060-AN11
3101 SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions to Improve Calculation of Fuel Economy Esti-
mates (Reg Plan Seq No. 119) •. 2060-AN14
3102 SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program '. 2060-AN16
3103 SAN No. 4970 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Amendments : 2060-AN17
3104 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
3105 SAN No. 4625.4 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Clas-
sification 2060-AN26
3106 SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater NESHAP, Reconsideration of
Emissions Averaging Provision and Technical Corrections 2060-AN32
3107 SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of HFE-7300 2060-AN34
3108 SAN No. 4998 Treatment of Data Influenced by Exceptional Events 2060-AN40
3109 SAN No. 5013 NESHAP for Area Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper Smelt-
ing, Secondary Copper Smelting, Primary Nonferrous Metals (Zinc, Cadmium, and Beryllium) 2060-AN45
3110 SAN No. 5051 Protection of Stratospheric Ozone: 2007 Critical Use Exemptions for Methyl Bromide 2060-AN54
3111 SAN No. 5022 Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone Standard for Bump-Up
Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation 2060-AN63
3112 SAN No. 5027 Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur Requirements: Exemption
for U.S. Territories 2060-AN66
3113 SAN No. 5044 Interpretive Rulemaking to Clarify the Scope of Certain Monitoring Requirements for Federal and
State Operating Permits Programs 2060-AN74
3114 SAN No. 5048 Renewable Fuels Standard Rule (Reg Plan Seq No. 121) 2060-AN76
3115 SAN No. 5049 Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment
of Com Milling Facilities Under the "Major Emitting Facility" Definition 2060-AN77
3116 SAN No. 5061 Standards of Performance for New Stationary Sources and National Emission Standards for Haz-
ardous Air Pollutants: Revisions to Initial Performance Test Provisions 2060-AN84
3117 SAN No. 4752.2 Final Rule for Implementation Of the New Source Review (NSR) Program for PM2.5 (Reg Plan
Seq No. 122) 2060-AN86
3118 SAN No. 4697.1 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Ar-
ticle 5 Countries 2060-AN87
3119 SAN No. 4839.5 Final Extension of the Deferred Effective Date of Nonattainment Designations for 8-Hour Ozone
National Ambient Air Quality Standards for Early Action Compact Areas 2060-AN90
3120 SAN No. 5073 Other Solid Waste Incineration Units: Response to Petition for Reconsideration 2060-AN91
3121 SAN No. 5077 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
moval of Vacated Elements 2060-AN92
3122 SAN No. 5079 Rule Interpreting the Scope of Title V Operating Permit Modifications Where EPA Has Approved
Alternative Monitoring and Testing Provisions 2060-AN93
3123 SAN No. 5080 Regulation of Fuels and Fuel Additives: Updated Volatility Standard for Alaska only 2060-AN94
3124 SAN No. 5083 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing
Sources — Other Solid Waste Incineration Units: Technical Amendment 2060-AN95
3125 SAN No. 5084 Standards of Performance for New Industrial-Commercial-lnstitutional Steam Generating Units:
Amendment for Facility-Specific NOx Standard 2060-AN96
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
Identifier
Number
3126
3127
3128
3129
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 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
SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)
2009-AAOO
2009-AA01
2050-AE95
2060-AA61
-------
73856
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
CLEAN AIR ACT (CAA>—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3130 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3131 SAN No. 4657 NESHAP: Group II Polymers and Resins-Residual Risk Standards 2060-AK13
3132 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-Pe-
tition to Delist ; 2060-AK73
3133 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
3134 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions :. 2060-AH31
3135 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
3136 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
3137 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
3138 SAN No. 4797 Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking
for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84
3139 SAN No. 4799 Consideration of Industry Petition to Remove the Two-Piece Can Subcategory from the Clean Air
Act Hazardous Air Pollutant Source Category List 2060-AL86
3140 SAN .No. 4846 NESHAP & NSPS for Municipal Solid Waste Landfills—Amendments 2060-AM08
3141 SAN No. 4873 NESHAP: Area Source Standards—Glass Manufacturing Industry 2060-AM12
3142 SAN No. 4874 NESHAP: Area Source Standards—Industrial Inorganic Chemicals Manufacturing 2060-AM19
3143 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant from Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone(MIBK) 2060-AM20
3144 SAN No. 4865 Strategy for Addressing Air Emissions from Animal Feeding Operations 2060-AM26
3145 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
3146 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3147 SAN No. 4676.3 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Routine Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments 2060-AM62
3148 SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals 2060-AM70
3149 SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion Engines 2060-AM81
3150 SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Pro-
duction, Amendments 2060-AN33
3151 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
3152 SAN No. 5009 Notice for Information on Determining the Emissions Reductions Achieved From Limiting the VOC
Content of Architectural Coatings 2060-AN42
3153 SAN No. 5012 NESHAP: Acrylic/Modacrylic Fibers, Chemical Manufacturing: Chromium Compounds, Flexible
Foam Fabrication and Foam Production, Carbon Black Production, Lead Acid Battery Manufacturing, Wood Pre-
serving 2060-AN44
3154 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46
3155 SAN No. 5016 NESHAP: Area Source Standards—Paint and Allied Products , 2060-AN47
3156 SAN No. 5014 NESHAP: Area Source Standards—Reciprocating Internal Combustion Engines 2060-AN62
3157 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3158
3159
3160
3161
3162
3163
3164
3165
3166
3167
SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard
SAN No. 4255 Review of the National Ambient Air Quality Standards for Paniculate Matter
SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 ,
SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR 51 Method for Measuring Isocyanates in Sta-
tionary Source Emissions
SAN No. 4161 Update of Continuous Instrumental Test Methods
SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments
SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards
SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities-Residual Risk Standards
SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk and MACT Standards Review '.
SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards
2060-AK68
2060-AI44
2060-AF83
2060-AG88
2060-AK61
2060-AI66
2060-AK08
2060-AK09
2060-AK10
2060-AK16
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73857
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3168 SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations-Residual Risk
Standard 2060-AK17
3169 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18
3170 SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards : 2060-AK19
3171 SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards 2060-AK20
3172 SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards 2060-AK21
3173 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060-AK23
3174 SAN No. 4664 NESHAP: Printing and Publishing Industry—Residual Risk Standards 2060-AK24
3175 SAN No. 4663 NESHAP: Petroleum Refineries—Residual Risk Standards 2060-AK25
3176 SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
troplating and Chromium Anodizing Tanks—Residual Risk Standards 2060-AK72
3177 SAN No. 4656 NESHAP: Group I Polymers and Resins—Residual Risk Standards 2060-AK12
3178 SAN No. 4658 NESHAP: Group IV Polymers and Resins—Residual Risk Standards '. 2060-AK15
3179 SAN No. 5018 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7) (Completion of a Section 610 Review) 2050-AG26
3180 SAN No. 5047.2 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Revising the Effective Date of the Particulate Matter Standard Amendment) 2050-AG33
3181 SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions 2060-AJ25
3182 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060-AJ72
3183 SAN No. 4804 Protection of Stratospheric Ozone: Various Minor Amendments to the Regulations Implementing
the Allowance System for Controlling HCFC Production, Import, and Export 2060-AL90
3184 SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060-AL93
3185 SAN No. 4825 Mineral Wool Production Residual Risk Standard 2060-AL96
3186 SAN No. 4829 5-Year Review of MACT Standards for Large MWC 2060-AL97
3187 SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3188 SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
3189 SAN No. 4861 NESHAP: Area Source Standards—Paint Stripping 2060-AM07
3190 SAN No. 4860 NESHAP: Area Source Standards—Acrylic/ Modacrylic Fiber (AMF) Production „. 2060-AM13
3191 SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems 2060-AM15
3192 SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards 2060-AM18
3193 SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements to Address New 8-
Hour Ozone Standard 2060-AM21
3194 SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
3195 SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP 2060-AM24
3196 SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
3197 SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gaso-
line Sulfur Rules 2060-AM27
3198 SAN No. 4880 Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines: Amendments to
Evaporative Emissions Regulations and Technical Amendments 2060-AM32
3199 SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides „ 2060-AM33
3200 SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing; Amendments 2060-AM43
3201 SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments 2060-AM47
3202 SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity: Notice of Proposed Rulemaking 2060-AM48
3203 SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals—Zn, Cd, Be : 2060-AM69
3204 SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments 2060-AM76
3205 , SAN No. 4910 NESHAP: Organic Liquid Distribution-Amendments 2060-AM77
3206 SAN No. 4914 Standards of Performance for Stationary Compression Ignition Internal Combustion Engines 2060-AM82
3207 SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality Assurance Requirements for
Downstream Oxygenate Blending 2060-AM88
3208 SAN No. 4934 Part 63 General Provisions—Response to Petition to Reconsider SSM 2060-AM89
3209 SAN No. 4937 NESHAP for Refractory Products Manufacturing—Amendments 2060-AM90
3210 SAN No. 4794.1 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule 2060-AM95
3211 SAN No. 4956 Rule on Section 126 Petition From NC To Reduce Interstate Transport of Fine PM and O3; FIPs
To Reduce Interstate Transport of Fine PM & O3; Revisions to CAIR Rule; Revisions to Acid Rain Program 2060-AM99
3212 SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating)—Area Source Rule 2060-AN08
3213 Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-Specific Best Available Ret-
rofit Technology (BART) Determinations 2060-AN22
-------
73858 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3214 SAN No. 4986 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2006 2060-AN29
3215 SAN No. 4571.2 CAMR 111 Reconsideration and Revision of 112(n) Finding Reconsideration 2060-AN50
3216 SAN No. 4571.3 Revision of 112(n) Finding Reconsideration 2060-AN53
3217 SAN No. 4681.1 NSPS Combustion Turbines-Subpart GG: Amendments 2060-AN55
3218 SAN No. 4794.3 Rule To Reduce Interstate Transport of Fine Paniculate Matter and Ozone (Clean Air Interstate
Rule): Reconsideration 2060-AN57
3219 SAN No. 5042 PM2.5 De Minimis Emission Levels for General Conformity Applicability 2060-AN60
3220 SAN No. 4890.1 NESHAP for Miscellaneous Coating Manufacturing; Amendments 2060-AN61
3221 SAN No. 5034 Deterioration Factor Provisions for Heavy-Duty Diesel Engine Certification and Part 86 Technical
Amendments 2060-AN70
3222 SAN No. 5053 Technical Amendments to the Highway and Nonroad Diesel Regulations 2060-AN78
3223 SAN No. 3744.1 Amendments to Standards of Performance for New Stationary Sources; Monitoring Require-
ments (PS-1)-Corrections Notice : 2060-AN89
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
~
Number
3224 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste ! 2060-AH63
3225 SAN No. 4003 Technical Change to Dose Methodology for 40 CFR 190, Subpart B and 40 CFR 191, Subpart A .. 2060-AH90
ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Regulation
Title Identifier
Number
3226 SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada (Reg
Plan Seq No. 120) | 2060-AN15
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)—Prerule Stage
Regulation
Ti«e Identifier
Number
3227 SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
(Reg Plan Seq No. 98) 2070-AD61
3228 SAN No. 4985 Pesticides; Determination of Status of Prions as Pests 2070-AJ26
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
| ~
3229 SAN No. 4173 Pesticides; Data Requirements for Antimicrobials 2070-AD30
3230 SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes .... 2070-AD49
3231 SAN No. 5007 Pesticides; Competency Standards for Occupational Users (Reg Plan Seq No. 108) 2070-AJ20
3232 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions (Reg Plan Seq No. 109) 2070-AJ22
3233 SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) 2070-AJ27
3234 SAN No. 5031 Pesticides; Expansion of Crop Grouping Program 2070-AJ28
3235 SAN No. 5050 Pesticide Agricultural Container Recycling Program (Reg Plan Seq No. 110) 2070-AJ29
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73859
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3236 SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act
by Producers of Plant-Incorporated Protectants (PIPs) 2070-AJ32
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
Number
3237 SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals (Reg Plan Seq No. 123) 2070-AC12
3238 SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products (Reg Plan Seq No. 125) ... 2070-AD51
3239 SAN No. 3222 Groundwater and Pesticide Management Plan Rule 2070-AC46
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
o_nllen_B Regulation
lumber ™le ldentifler
NumDer Number
3240 SAN No. 4027 Pesticides; Tolerance Processing Fees 2070-AJ23
3241 SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants 2070-AD55
3242 SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant 2070-AD56
3243 SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations 2020-AA44
3244 SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 2070-AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
~
Number Number
3245 SAN No. 4175 Pesticide Tolerance Reassessment Program 2070-AD24
3246 SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment 2070-AB95
3247 SAN No. 4170 Pesticides; Procedures for the Registration Review Program 2070-AD29
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Regulation
™e Identifier
Number
3248 SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP) 2070-AC27
3249 SAN No. 5058 Nanoscale Materials Under TSCA 2070-AJ30
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
~
Number Number
3250 SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce 2070-AB20
3251 SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances 2070-AB79
3252 SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals (Reg Plan Seq No. 107) 2070-AD16
-------
73860 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
Sequence
Number
3253
3254
3255
3256
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Proposed Rule Stage (Continued)
Title
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
SAN No 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No. 2150.1 Polychlorinated Biphenyls (PCBs); Exemption Request from U.S. Maritime Administration
(MARAD)
SAN No. 4984 Clarification on Guidance for Activated Phosphors
Regulation
Identifier
Number
2070-AD48
2070-AJ04
2070-AJ05
2070-AJ21
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3257
3258
3259
3260
3261
3262
3263
3264
3265
3266
3267
3268
3269
3270
3271
3272
Title
SAN No 3252 Lead Fishing Sinkers' Response to Citizens Petition and Proposed Ban
SAN No. 3557 Lead-Based Paint Activities; Amendments for Renovation, Repair, and Painting (Reg Plan Seq
No. 124} '.
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No 4983 Significant New Use Rule (SNUR)- Mercury Switches in Motor Vehicles . .
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. 1923 Follow-Up Rules on Existing Chemicals
SAN No 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
SAN No 4858 Notification of Chemical Exports under TSCA Section 12(b) (Reg Plan Seq No. 126)
SAN No. 3493.1 Testing Agreement for Perfluorooctanoic Acid (PFOA) (Reg Plan Seq No. 127)
SAN No 3493 4 Testing Agreement for Diethanolamine
SAN No. 3493.5 Testing Agreement for Hydrogen Fluoride
SAN No. 3493.7 Testing Agreement for Phthalic Anhydride
SAN No. 3493.6 Testing Agreement for Maleic Anhydride
SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
SAN No. 1923.1 Sianificant New Use Rule for Chloranil
Regulation
Identifier
Number
2070-AC21
2070-AC83
2070-AB27
2070-AJ19
2070-AB08
2070-AB11
2070-AA58
2070-AD25
2070-AJ01
2070-AJ06
2070-AJ09
2070-AJ10
2070-AJ11
2070-AJ13
2070-AJ18
2070-AJ31
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3273
3274
3275
3276
3277
3278
3279
3280
3281
3282
3283
3284
3285
3286
3287
3288
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3493 Future Testing for Existing Chemicals (Overview Entry)
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs) :
SAN No. 3882 Test Rule; Certain Metals
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)
SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN No. 4777 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
SAN No. 3493.2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No. 3493.3 Test Rule; Brominated Flame Retardants (BFRs)
SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
2070-AC51
2070-AC64
2070-AD52
2070-AD58
2070-AA59
2070-AB94
2070-AC76
2070-AD10
2070-AD28
2070-AD44
2070-AC37
2070-AD53
2070-AD64
2070-AJ07
2070-AJ08
2070-AJ15
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73861
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3289 SAN No. 4870 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl Ethers (PBDEs) 2070-AJ02
3290 SAN No. 3301.2 TSCA Inventory Update Reporting Rule; Electronic Reporting 2070-AJ25
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed'Rule Stage
Regulation
Eg?
3291 SAN No. 4753 Emergency Planning and Community Right-to-Know Act: Modification to the Threshold Planning
Quantity Methodology for the Extremely Hazardous Substances That are Solids in Solution 2050-AF08
3292 SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory 2025-AA16
3293 SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 2025-AA19
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
TS
Number
3294 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 2025-AA12
3295 SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule (Reg Plan Seq No. 134) 2025-AA14
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
™-
3296 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3297 SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 2025-AA11
3298 SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals : 2025-AA17
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
T38
Number
3299 SAN No. 4595 Rulemaking To Change Toxic Release Inventory (TRI) Reporting Requirements from Standard In-
dustrial Classification (SIC) Codes to North American Industrial Classification System (NAICS) Codes 2025-AA10
3300 SAN No. 5054 Reportable Quantity Adjustment for Isophorone Diisocyanate 2050-AG32
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Regulation
Title Identifier
Number
3301 SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers (Reg Plan Seq No. 99) 2050-AE81
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
-------
73862 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3302
3303
3304
3305
3306
3307
3308
3309
3310
Title
SAN No 3856 Management of Cement Kiln Dust (CKD)
SAN No 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN No. 4743 Land Disposal Restrictions: Modifying the Land Disposal Treatment Standard for Radioactive Lead
Solids and Hazardous Debris1 Definition of Macroencapsulation
SAN No. 4834 Hazardous Waste Management System: Identification and Listing of Hazardous Waste (F019 List-
ing Amendment in Wastewater Treatment Sludges From Zinc Phosphating Processes in Automotive Assembly
Plants) '.
SAN No 4977 Expanding the Comparable Fuels Exclusion under RCRA (Reg Plan Seq No. 112)
SAN No 4670.1 Definition of Solid Wastes Revisions (Reg Plan Seq No. 113)
SAN No. 5070 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Re-
quirements for Spent Petroleum Refining Hydrotreating and Hydroreflning Catalysts
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction New York
SAN No. 4828 RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2050-AE34
2050-AE51
2050-AF12
2050-AG15
2050-AG24
2050-AG31
2050-AG34
2090-AA29
2090-AA34
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
3311
3312
3313
3314
Title
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No. 441 1 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry
Processed in a Gasification System To Produce Synthesis Gas
SAN No. 3147.1 Hazardous Waste Manifest Revisions-Standards and Procedures for Electronic Manifests (Reg
Plan Seq No. 128)
SAN No. 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
Regulation
Identifier
Number
2050-AE23
2050-AE78
2050-AG20
2050-AG27
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3315
3316
3317
3318
3319
3320
3321
Title
SAN No. 4469 Standards for the Management of Coal Combustion Wastes — Non — Power Producers and
Minefilling
SAN No. 4735 RCRA Smarter Waste Reporting
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations To Encour-
age Reuse, Recycling, and Recovery of Electronic Equipment
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development ,
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and Research Labora-
tories
Regulation
Identifier
Number
2050-AE83
2050-AF01
2003-AAOO
2050-AE93
2050-AC71
2050-AF06
2050-AG18
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3322
3323
3324
3325
Title
SAN No. 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation on Alternative Liners ..
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations
SAN No. 4651 Increase Metals Reclamation from F006 Waste Streams :
SAN No. 4670 Revisions to the Definition of Solid Waste Final Rule
Regulation
Identifier
Number
2050-AE67
2050-AE52
2050-AE97
2050-AE98
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73863
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA>—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3326
SAN No. 4815.1 Extension of Site-Specific Regulations for NE Labs XL Project 2001-^AA01
OIL POLLUTION ACT (OPA)—Proposed Rule Stage
Sequence
Number
3327
SAN No. 2634.2 Revisions to the Spill Prevention,
(Reg Plan Seq No. 111)
Title
Control, and Countermeasure (SPCC) Rule, 40 CFR Part .112
Regulation
Identifier
Number
2050-AG16
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
OIL POLLUTION ACT (OPA)—Final Rule Stage
Sequence
Number
3328
Title
SAN No. 2634.3 Oil Pollution Preven
Amendments (Reg Plan Seq No. 13
tion
-9)
Spill Prevention, Control, and Countermeasure (SPCC) Requirements —
Regulation
Identifier
Number
2050-AG23
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Proposed Rule
Stage
Sequence
Number
3329
Title
SAN No. 3439 National Priorities List for
COMPREHENSIVE ENVIRONMENTAL
Sequence
Number
3330
Uncontrolled Hazardous Waste Sites: Proposed and Final'Rules
Regulation
Identifier
Number
2050-AD75
RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage
Title
SAN No. 4177 Revise 40 CFR Part
Superfund Response Actions
35
Subpart O: Cooperative Agreements and Superfund State Contracts for
Regulation
Identifier
Number
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3331
3332
Title
SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities
SAN No 4971 National Contingency Plan Revisions to Align With the National Response Plan
Regulation
Identifier
Number
2050-AF03
2050-AG22
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Sequence
Number
3333
3334
Title
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178)
SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx
Regulation
Identifier
Number
2050-AE12
2050-AF02
-------
73864 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3335
3336
3337
Title
SAN No 4357 Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II ...
SAN No. 3999 NPOES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No. 3663.1 Availability of and Procedures for Removal Credits
Regulation
Identifier
Number
2040-AD39
2040-AD02
2040-AE88
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3338
3339
3340
3341
3342
3343
3344
3345
Title
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 4690 National Pollutant Discharge Elimination System Permit Requirements for Peak Wet Weather Dis-
charges from Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems Pol-
icy (Reg Plan Seq No. 130)
SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal Coliforms, and Salmonella Under
the Clean Water Act
SAN No 4965 2006 Effluent Guidelines Program Plan
SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United States in Compliance with
FIFRA
SAN No 4996 Concentrated Animal Feeding Operation Rule (Reg Plan Seq No. 131)
SAN No. 5040 Water Transfers Rule (Reg Plan Seq No. 132)
SAN No. 5098 Implementation Guidance for Mercury Water Quality Criteria (Reg Plan Sea No. 133)
Regulation
Identifier
Number
2040-AD71
2040-AD87
2040-AE68
2040-AE76
2040-AE79
2040-AE80
2040-AE86
2040-AE87
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
3346
3347
3348
3349
3350
3351
3352
3353
3354
3355
3356
3357
3358
3359
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 3786 NPDES Applications Revisions
SAN No. 4746 Regulations for Gray and Black Water Discharges from Cruise Ships Operating in Certain Alaskan
Waters
SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations ...
SAN No. 4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
SAN No. 4980 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufac-
turing Process
SAN No. 5064 2008 Effluent Guidelines Program Plan
Regulation
Identifier
Number
2050-AE87
2040-AD49
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AC84
2040-AD89
2040-AE61
2040-AE69
2040-AE74
2040-AE77
2040-AE82
2040-AE89
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73865
EPA
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3360 SAN No. 4543 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act, Phase 3 2040-AD70
3361 SAN No. 4979 Amendments to NPDES Regulations for Storm Water Discharges from Oil/Gas Exploration, Pro-
duction, Processing, or Treatment Operations, or Transmission Facilities 2040-AE81
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence I ~~ Ti,,e
Tlt'e NumbeT
3362 SAN No. 4745 Drinking Water Contaminant Candidate. List 3 2040-AD99
3363 SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List 2040-AE60
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Regulation
Title ld*ntifier
Number
3364 SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions 2040-AD93
3365 SAN No. 4981 National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revi-
sions and Clarifications 2040-AE83
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Regulation
Title Kg
3366 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94
3367 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb '. 2040-AC13
3368 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
3369 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements .• 2040-AD94
3370 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40
3371 SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System 2040-AE84
3372 SAN No. 5066 Second 6-Year Review of Existing National Primary Drinking Water Regulations 2040-AE90
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
" ~ I "&S?
Number Number
3373 SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule 2040-AA97
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Regulation
Title Identifier
Number
3374 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations : 2040-AB85
-------
73866
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3003. PROCEDURES FOR
IMPLEMENTING THE NATIONAL
ENVIRONMENTAL POLICY ACT AND
ASSESSING THE ENVIRONMENTAL
EFFECTS ABROAD OF EPA ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The Environmental
Protection Agency is proposing to
amend its procedures for implementing
the requirements of the National
Environmental Policy Act of 1969
(NEPA). The proposed rule would also
include minor, technical amendments
to the Agency's procedures for
implementing Executive Order 12114,
"Environmental Effects Abroad of
Major Federal Actions."
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No. 4292;
Agency Contact: Robert Hargrove,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: hargrove.robert@epa.gov
Jaime Loichinger, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-0276
Fax: 202 564-0070
Email:
loichinger.jaime@epamail.epa.gov
RIN: 2020-AA42
3004. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319;
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Daniel Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4377
Fax: 202 565-2552
Email:
humphries. daniel@epamail. ep a. go v
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
3005. SECURITY REQUIREMENTS
FOR TOXIC SUBSTANCES CONTROL
ACT CONFIDENTIAL BUSINESS
INFORMATION ACCESS FOR
CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 Sec 205
(c); 63 Stat. 390, as amended; 40 USC
486 (c); 41 USC 418b
CFR Citation: 48 CFR 1552; 48 CFR
1535
Legal Deadline: None
Abstract: Current security requirements
for Toxic Substances Contract Act
Confidential Business Information
(TSCA CBI) access for contractors are
implemented in three Environmental
Protection Agency contract clauses,
1552.235-75, 1552.235-76, and
1552.235-78. Security requirements for
the Government and contractors have
been updated in a 2003 TSCA CBI
Protection Manual. This rulemaking
will implement the new TSCA CBI
requirements into the three EPAAR
clauses cited above.
Timetable:
Action
Date
FR Cite
NPRM 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4904;
Agency Contact: Linda Clement,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4356
Fax: 202 565-2552
Email: clement.linda@epamail.epa.gov
Harry Lewis, Environmental Protection
Agency, Administration and Resources
Management, 7407, Washington, DC
20460
Phone: 202 564-8642
Email: lewis.harry@epamail.epa.gov
RIN: 2030-AA88
3006. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 418(b); 5 USC
301, sec 205(c); 63 Stat 390, as
amended
-------
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
73867
EPA—General
Proposed Rule Stage
CFR Citation: 48 CFR 1516; 48 CFR
1552
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add guidance on
the use of award-term contracts. The
guidance is necessary for contracting
officers seeking to include award-term
provisions in contracts. This guidance
will establish a solicitation provision
and contract clause in the EPAAR.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
.10/00/07
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4903;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
3007. ACCESSIBILITY STANDARDS
FOR CONTRACT DELIVERABLES
(SECTION 508)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301, sec 205(c);
41 USC 418(b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: This action will .amend the
Environmental Protection Agency
Acquisition Regulation (EPAAR) to
require contractors to identify
applicable accessibility (508) standards
in contract deliverables.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/07
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4931;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
Environmental Protection Agency (EPA)
General
Final Rule Stage
3008. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the -
EPAAR since its promulgation in April
1994. This proposed rule would
incorporate most of the class deviations
to the EPAAR.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580;
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3009. 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; 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 07/24/03 68 FR 43824
Final Action 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
-------
73868
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—General
Final Rule Stage
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4056;
Agency Contact: Kimberly Patrick,
Environmental -Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 564-5386
Fax: 202 501-0139
Email:
patrick.kimberly@epamail.epa.gov
Jeanette Brown, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1230A, Washington, DC
20460
Phone: 202 564-4100
Fax: 202 501-0756
Email: brown.jeanettel@epamail.epa.gov
RIN: 2020-AA39
3010. • IMPLEMENTATION OF 2 CFR
PART 180
Priority: Info./Admin./Other
Legal Authority: 33 USC 1251 et seq;
42 USC 7401 et seq; sec 2455, PL
103-355, 108 Stat 3327 (31 USC 6101
note); EO 11738 (3 CFR 1973 comp, p
799); EO 12549 (3 CFR 1986 comp, p
189); EO 12689 (3 CFR 1989 comp, p
235)
CFR Citation: 2 CFR 1532
Legal Deadline: Final, Statutory,
February 2007.
Abstract: OMB has been working with
the Interagency Suspension and
Debarment Committee (ISDC) on a
streamlining initiative to make the rules
on nonprocurement suspension and
debarment easier to find and use. This
EPA rule is the final step of four in
which it adopts 2 CFR Part 180 with
appropriate agency specific
information.
Timetable:
Action
Date
FR Cite
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5092
Agency Contact: Suzanne Hersh,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania
Avenue, Washington, DC 20460
Phone: 202 564-5374
Email: hersh.suzanne@epamail.epa.gov
RIN: 2030-AA94
3011. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES l-ll)
Priority: Info./Admin./Other
Legal Authority: Safe Drinking Water
Act; 42 USC 300f to 300J-26; Solid
Waste Disposal Act; 42 USC 6901 to
6992k
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (SOWA), Clean Water Act
(CWA) and the Clean Air Act (CAA).
The purpose of this NASA WSTF
Electronic Reporting site-specific rule is
to enable the NASA WSTF ,to
electronically submit compliance
reports and permit information to the
New Mexico Environment Department
(NMED) in lieu of submitting paper
reports. The rule will set forth
guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes. This rule will address Phases
I and II of the project covering
reporting requirements under RCRA
and the SDWA. A second and
subsequent rule will address Phases III-
VI of the project covering additional
reporting requirements under the CWA
and CAA.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/31/01 66 FR 55050
11/30/01
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536;
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2183
Fax: 202 566-2220
Email:
heinemann.kristina@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
Long-Term Actions
3012. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
-------
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
73869
EPA—General
Long-Term Actions
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
NPRM1
NPRM 2
NPRM3
NPRM 4
ANPRM
Final Action
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71366
08/30/00 65 FR 52684
12/21/00 65 FR 80394
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240;
EPA publication information: NPRM 1-
Withdrawn 12/21/2000, 65 FR 80395;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202 566-1649
Fax: 202 566-1639
Email: hisel-
mccoy.sara@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20460
Phone: 202 566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
Environmental Protection Agency (EPA)
General
Completed Actions
3013. IMPLEMENTATION OF
AUTHORITY TO APPOINT RESEARCH
SCIENTISTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 18
Completed:
Reason
Date FR Cite
Direct Final Action 04/04/06 71 FR 16699
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Kantrowitz
Phone: 202 564-4317
Fax: 202 564-1887
Email: kantrowitz.susan@epa.gov
John T. Obrien
Phone: 202 564-7876
Email: obrien.johnt@epamail.epa.gov
RIN: 2030-AA91
3014. SIMPLIFIED ACQUISITION
FINANCING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 1532; 40 CFR
1552
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/13/06 71 FR 12660
06/05/06 71 FR 32282
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Kantrowitz
Phone: 202 564-4317
Fax: 202 564-1887
Email: kantrowitz.susan@epa.gov
Tiffany Schermerhorn
Phone: 202 564-9902
Fax: 202 564-1887
Email:
schermerhorn.tiffany@epamail.epa.gov
RIN: 2030-AA92
3015. PROJECT XL SITE SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES
III-VI)
Priority: Info./Admin./Other
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 08/25/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Adam Levitan
Phone: 202 566-1466
Fax: 202 566-2210
Email: levitan.adani@epamail.epa.gov
Gerald Filbin
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA35
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3016. • RISK AND TECHNOLOGY
REVIEW PHASE II
Priority: Other Significant
Legal Authority: CAA Sections
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is required to evaluate
the risk remaining at facilities 8 years
after they .are required to comply with
MACT air-toxic emission standards
according to Section 112 (f)(2) of the
Clean Air Act (CAA). EPA is also
required to review and revise the
MACT standards if needed every 8
years with regard to practices,
-------
73870
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
processes and control technologies
according to Section 112(d)(6) of the
CAA. EPA will combine the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups to enable us to more
closely meet statutory dates, raise and
resolve programmatic issues in one
action, minimize resources by using
available data and focusing on high risk
sources, and provide consistent review
and analysis. We will use available data
including emissions from the most
recent 2002 national emission
inventory (NEI). and augment it with
available site-specific data. We will
focus this action on 33 MACT
standards with compliance dates of
2002 and earlier and will model each
MACT source category to obtain
inhalation risks, including cancer risk
and incidence, population cancer risk,
and non-cancer effects (chronic and
acute). We will follow the Benzene
Policy to identify the source categories
as low risk, acceptable risk, or
unacceptable risk. We then plan to
publish the emissions data and risk
results in an ANPRM before the end
of the 2006 calendar year and solicit
public comments and corrections,
including better source data. We will
then remodel the categories based on
the updated data. EPA will then set
aside low-risk source categories and
persistent bio-accumulative (PB) source
categories. The PB source categories
require multi-pathway analysis and will
be addressed on a slower track. EPA
will then focus on the remaining
categories, evaluating the effectiveness
and cost of additional risk reduction
options and making acceptability and
ample-margin-of-safety determinations.
We intend to propose an NPRM in the
spring of 2007, address public
comments, and promulgate the final
action in spring of 2008 on the first
group of MACT categories. Where
additional controls are identified,
standards would be developed that
include technology, work practice, or
performance standards as amendments
to the existing MACT standards. For
source categories where additional
standards are needed to provide an
ample margin of safety, a low risk
exemption would be provided and EPA
would use an analysis to identify low
risk source characteristics that would
exempt a portion of the source category
from additional requirements. Site-
specific risk assessments could also be
used to show low risk. A total facility
low risk determination (TFLRD) will be
presented as a voluntary approach
where a facility can perform a site
specific risk assessment to determine if
it is low risk. Low risk facilities would
satisfy all of their residual risk
requirements by demonstrating
compliance with the TFLRD approach.
The 33 MACT source categories are
listed below.
1. Chromium Electroplating
2. Polymers & Resins II
3. Secondary Lead Smelters
4. Petroleum Refineries
5. Aerospace
6. Marine Vessels
7. Wood Furniture
8. Shipbuilding
9. Printing & Publishing
10. Off-site Waste Treatment
11. Polymers & Resins I
12. Polymers & Resins IV
13. Primary Aluminum
14. Pulp & Paper MACT I and III
15. Pharmaceuticals
16. Flexible Polyurethane Foam
17. Ferroalloys
18. Polyether Polyols
19. Mineral Wool
20. Primary Lead Smelting
21. Phosphoric Acid
22. Phosphate Fertilizers
23. Wool Fiberglass
24. Portland Cement
25. Oil & Natural Gas
26. Natural Gas Transmission
27. Steel Pickling
28. GMACT I Acetal Resins
29. GMACT II Acrylic/Modacrylic
fibers
30. GMACT III Hydrogen Fluoride
31. GMACT IV Polycarbonates
32. POTW
33. Secondary Aluminum
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Rule
12/00/06
06/00/07
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5093;
Sectors Affected: 3364 Aerospace
Product and Parts Manufacturing; 3313
Alumina and Aluminum Production
and Processing; 32731 Cement
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
32411 Petroleum Refineries; 331492
Secondary Smelting, Refining, and
Alloying of Nonferrous Metal (except
Copper and Aluminum); 22132 Sewage
Treatment Facilities
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, Washington,
DC 20460
Phone: 919 541-2618
Fax; 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN85
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73871
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3017. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAAA
112(g) or (q)
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
61 establish standards under the Clean
Air Act for emissions of radionuclides
other than radon from Department of
Energy (DOE) and other non-DOE
federal facilities. Under subparts H and
I, regulated entities currently determine
compliance with the emission
standards by utilizing the approved
computer models CAP88 and AIRDOS-
PC or any other procedures for which
EPA has granted prior approval. Since
promulgation of subparts H and I, EPA
has developed an additional model,
GENII-NESHAPS, which is suitable for
regulated entities to use to determine
compliance, in addition to the currently
approved models mentioned above. The
model was developed to incorporate
the internal dosimetry models
recommended by the International
Commission on Radiological Protection
(ICRP) and the radiological risk
estimating procedures of Federal
Guidance Report 13 into updated
versions of existing environmental
pathway analysis models. The model
was developed under the direction of
OAR's Office of Radiation and Indoor
Air, in consultation with OAR's Office
of Air Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPS has
undergone Science Advisory Board
(SAB) review. In this direct final rule,
EPA is updating subparts H and I to
include GENII-NESHAPS as an
approved compliance model,
Timetable:
Action
Date
FR Cite
NPRM 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4768;
Agency Contact: Behram Shroff,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9707
Fax: 202 343-9707
Email: shroff.behram@epamail.epa.gov
RIN: 2060-AK81
3018. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Regulatory Plan: This entry is Seq. No.
100 in part II of this issue of the
Federal Register.
RIN: 2060-AI43
3019. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. This proposed
action will not impact small businesses,
or State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531;
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4227
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
3020. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, -.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/07
06/00/08
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, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
-------
73872 Federal Register/Vpl. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3021. 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 63.480-63.506
(Revision); 40 CFR 63.1310-63.1335
(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.
Action
Date FR Cite
Timetable:
Action
ANPRM
Direct Final-Pet Jud
Rev
NPRM-PetJudRev
Direct Final-Comp Ext
Direct Final-Pet Rec
Equip Leaks
NPRM 2
NPRM 3
Direct Final-Stay
Notice
NPRM-Stay Notice
Direct FinalOO
NPRMOO
Direct Final 4
Date FR Cite
11/25/96 61 FR 59849
03/09/99 64 FR 11 536
03/09/99 64 FR 11 555
05/07/99 64 FR 24511
06/08/99 64 FR 30406
06/08/99 64 FR 30453
06/08/99 64 FR 30456
06/30/99 64 FR 35023
06/30/99 64 FR 351 07
08/29/00 65 FR 5231 9
08/29/00 65 FR 52392
10/26/00 65 FR 641 61
Final ActionO! 02/23/01 66 FR 11233
Direct Final Comp. 02/26/01 66FR'l1543
NPRM Compliance^ 02/26/01 66 FR 1550
Final 1 07/16/01 66 FR 36924
Final 2 08/06/01 66 FR 40903
NPRM 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939;
EPA publication information: ANPRM-
Petitions for Jud. Rev-Dow, UCC,
Exxon)
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27709
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AH47
3022. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT:
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: A completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date FR Cite
Notice of Complete
Petition
NPRM
05/26/05 70 FR 30407
03/00/07
.Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Ken Hustvedt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73873
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK84
3023. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511b
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
There are no new categories being
regulated nor are any limits being
lowered. Several definitions are being
updated to provide more clarity. The
variance process is being streamlined.
A correction is being made to the
address for Region 3.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/07
10/00/07
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, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-0072
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AI62
3024. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 - 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-propylbromide (nPB) is an acceptable
substitute for class I and class II ozone
depleting substances used as solvents
for general metals, precision, and
electronics cleaning, as well as in
aerosol solvent and adhesives end uses.
This could provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. Provisions in this rule could
include specific conditions on the use
of nPB as a solvent, such as limiting
the specific applications in which it
may be used to those with low
emissions and requiring exposure limits
consistent with industry practices. Any
conditions would be for the purpose of
ensuring that nPB is used in a manner
that is safe and environmentally
protective. OSHA does not currently
regulate nPB. If EPA establishes any
use conditions in a final rule, we
would revise our ruling to adopt
whatever OSHA requires if OSHA later
regulates the use of nPB.
Timetable:
Action
Date FR Cite
NPRM 06/03/03 68 FR 33283
NPRM Correction 10/02/03 68 FR 56809
Supplemental NPRM 02/00/07
Final Action 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/June/Day-03/al3254.htm;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.;
EPA Docket information: EPA-HQ-OAR-
2002-0064
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
URL For More Information:
www.epa.gov\ozone\title6
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9163
Fax: 202 343-2337
Email: sheppard.margaret@epa.gov
Karen Thundiyil, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: .thundiyil.karen@epamail.epa.gov
RIN: 2060-AK26
3025. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC7412(b)(5) et
seq
CFR Citation: 40 CFR 63 Subpart SS;
40 CFR 63.8; 40 CFR 60 Appendix B;
40 CFR 60 Appendix F
Legal Deadline: None
Abstract: The PS-17 and QA Procedure
4 would apply to continuous parameter
monitoring systems (CPMS) that are
required under an applicable subpart to
parts 60, 61, or 63. Therefore, this
rulemaking would not require the
installation or operation of additional
CPMS. The specific types of CPMS
covered by the proposed PS-17 and QA
Procedure 4 are those that are used to
measure and record temperature,
pressure, liquid flow rate, gas flow rate,
mass flow rate, pH, or conductivity on
a continuous basis. The proposed PS-
17 establishes procedures and other
requirements that will help to ensure
that CPMS are properly selected,
installed, and placed into operation.
The proposed QA Procedure 4 specifies
procedures that will help to ensure that
CPMS provide quality data on an
ongoing basis. The proposed
amendments to QA Procedure 1, of 40
CFR 60, appendix F, add provisions to
address GEMS that are used to monitor
multiple pollutants and are subject to
PS-9 or PS-15. The amendments to 40
CFR 63, subpart A, ensure consistency
among the proposed PS-17, QA
Procedure 4, and the General
Provisions to part 63. The amendments
to section 63.996(c) of 40 CFR 63,
subpart SS, ensure consistency among
PS-17, QA Procedure 4, and the
monitoring requirements of subpart SS.
-------
73874
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584;
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Michael Ciolek,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-4921
Fax: 919 541-1039
Email: ciolek.michael@epamail.epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-03, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AJ86
3026. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also.
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
12/00/06
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; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
' 48691 Pipeline Transportation of
Refined
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9305
Fax: 202 233-9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9034
Fax: 202 565-2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
3027. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Regulatory Plan: This entry is Seq. No.
101 in part II of this issue of the
Federal Register.
RIN: 2060-AM06
3028. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 82, subpart F
Legal Deadline: None
Abstract: This rulemaking will propose
changes and amendments to the
refrigerant leak repair regulations (40
CFR 82, subpart F) promulgated under
section 608 of the Clean Air Act. The
goal of the regulations is to protect the
stratospheric ozone layer by
promulgating regulations that reduce
the use and emissions of ozone-
depleting refrigerants to the lowest
achievable level. This proposal will
clarify the leak repair regulations by
requiring that owners and operators of
comfort cooling, commercial
refrigeration, and industrial process
refrigeration appliances that have
ozone-depleting charges greater than 50
pounds calculate leak rates, verify all
repairs, and document repair efforts.
This rulemaking will provide further
clarity by adding definitions and
discussing compliance scenarios.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/07
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4856;
URL For More Information:
www.epa.gov/ozone/title6/608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73875
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3029. NESHAP: AREA SOURCE
STANDARDS—ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, Judicial, October 31, 2006,
Consent decree.
Final, Judicial, December 20, 2007,
Consent decree.
Abstract: The Clean Air Act requires
that EPA list area source categories that
contribute to the emissions of 30 listed
urban HAPs, and that are, or will be,
subject to standards under section 112
of the Act. Sterilization processes use
ethylene oxide which is one of the 30
listed HAPs. Hospital sterilization, a
listed area source category, is a major
contributor of ethylene oxide emissions
in urban areas.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
11/06/06 71 FR 64907
01/05/07
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4859;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM14
3030. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION
ENGINES AND EQUIPMENT
Regulatory Plan: This entry is Seq. No.
102 in part II of this issue of the
Federal Register.
RIN: 2060-AM34
3031. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Final, Judicial, December 15, 2007,
Court's decision calls for EPA to issue
standards for categories of area sources
under 112(c)(6) by December 15, 2007.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section
112 (k) requires development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT). The Integrated Air
Toxics Strategy lists industrial boilers
and commercial/institutional boilers as
area source categories. Both industrial
boilers and institutional/commercial
boilers are on the list of section
112(c)(6) source categories.
Timetable:
Action
Date FR Cite
NPRM
04/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4884;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
way land .robertj@epamail. epa.gov
RIN: 2060-AM44
3032. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
Legal Authority: Clean Air Act Title V
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: EPA is conducting a flexible
permits rulemaking based on what it
has learned from its field experiences.
The term "flexible permit" is used to
describe air permits with conditions
designed to reduce the administrative
"friction"—costs, time, delay,
uncertainty, and risk—experienced by
sources and permitting authorities
when implementing a permit or making
changes under the permit. This is
typically accomplished by authorizing
a source to make certain types of
changes (e.g., additional equipment
and/or modifications to a source's
method of operation, equipment, raw
materials, emission factors, or
monitoring parameters) without
requiring further review and/or
approval provided the source meets
specific criteria outlined in its permit.
While the chosen solution will depend
on individual State permitting rules
and requirements, such techniques
typically include descriptions of
changes or categories of changes
authorized to occur under the approved
permit terms, one or more emissions
caps to safeguard NAAQS and/or to
assure certain requirements are not
applicable, procedures for testing
pollution control device performance
and updating emissions factors or
parameter values without requiring the
permit to be amended or re-opened,
streamlining of redundant requirements
by applying the most stringent
applicable requirement, and provisions
to encourage pollution prevention.
Flexible permitting has the potential to
benefit a wide variety of types of
facilities that are regulated under the
CAA's Title V operating permits
program. Among the benefits flexible
permits are anticipated to provide are:
Improved knowledge of a facility's
emissions for the entire site; improved
public understanding of a facility's
-------
73876
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
activities over an extended period of
time; increased certainty and flexibility
to make changes in response to the
market; and no less environmental
protection (i.e., often more occurs from
the use of emissions caps and the
increased use of pollution prevention
practices).
Timetable:
Action
Date
FR Cite
NPRM 01/00/07
Final Action 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885
Agency Contact: Mike Trutna,
Environmental Protection Agency, Air
and Radiation, C304-03, Washington,
DC 20460
Phone: 919 541-5345
Fax: 919 541-4028
Email: trutna.mike@epa.gov
Stacey Coburn, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-2569
Email: coburn.stacey@epa.gov
RIN: 2060-AM45
3033. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 00 CFR 00
Legal Deadline: None
Abstract: This rule would amend the
rule on refrigerant recycling equipment
intended for use with Substitute
Refrigerants. This amendment would
clarify how the requirements of Clean
Air Act section 608 extend to
refrigerant recovery and/or recycling
equipment intended for use with
substitutes for CFG and HCFC
refrigerants.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4916;
URL For More Information:
www.epa.gov/ozone/title6/608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM49
3034. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area source categories
which account for 90 percent of the
emissions in urban areas of the 33
urban hazardous air pollutants (HAP)
listed in the Integrated Urban Air
Toxics Strategy. These area source
standards can require control levels
which are equivalent to either
maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/07
12/00/07
NPRM
Final Action
12/00/06
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4906;
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D 243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM53
3035. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414;.42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending appendix
D to subpart F of 40 CFR 82-Standards
for Becoming a Certifying Program for
Technicians. The Refrigerant Recycling
Regulations governing standards for
certifying programs for technicians
were promulgated under section 608 of
the Clean Air Act Amendments of 1990
(May 1994; 59 FR 28660). These
regulations were amended in November
9, 1994 (59 FR 559120), to clarify the
scope of the technician certification
requirements and to provide a limited
exemption from certification
requirements for apprentices. Today's
amendment to the regulation will
provide specific requirements for
programs applying to become certifying
organizations, will specify reporting
and recordkeeping requirements in
order to enhance implementation of the
program, and will define other
administrative components of the
program to improve accountability.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/07
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4901;
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73877
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205-J, Washington, DC
20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM55
3036. REQUEST FOR COMMENTS ON
POTENTIALLY INADEQUATE
MONITORING IN CLEAN AIR
APPLICABLE REQUIREMENTS AND
ON METHODS TO IMPROVE SUCH
MONITORING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61
Legal Deadline: None
Abstract: New Division Director
briefed; additional information on
existing rules requested. Work
assignment prepared to collect that
information.
Timetable:
Action
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-03, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AM63
3037. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: There are approximately 93
small steel mills (minimills) that melt
steel scrap in 142 electric arc furnaces
(EAF). Minimills account for roughly
half of U.S. steel production (50 million
tons per year). The scrap charged to
the furnace is the source of HAP
emissions. A major source of scrap is
recycled automobiles, which may
contain mercury switches, lead
components, oil, grease, plastics, and
other materials that can contribute to
HAP emissions. Pollutants of interest
for the EAF NESHAP are manganese,
lead, chromium, nickel, and mercury.
Date FR Cite Timetable:
ANPRM
60 day extension to
public comment
period 1
NPRM
02/16/05 70 FR 7905
04/15/05 70 FR 19914
02/00/07
Action
Date FR Cite
NPRM
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4699.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/February/Day-16/a2995.htm;
Split from RIN 2060-AK29; Individual
Document id in the EPA docket:
http://www.epa.gov/edocket
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4889;
EPA Docket information: OAR-2004-
0083
Agency Contact: Bob Schell,
Environmental Protection Agency] Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
3038. NESHAP: GASOLINE
DISTRIBUTION AREA SOURCE
STANDARDS
Priority: Other Significant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
December 1, 2006, Original court
ordered deadline-10/31/06-new order
extends to 12/1/06.
Final, Judicial, December 20, 2007,
Court-ordered deadline.
Abstract: The Clean Air Act (CAA)
includes two provisions—sections
112(c)(3) and 112(k)(3)(B)(ii)—that
instruct us to identify and list source
categories that contribute to the
emissions of the 30 "listed" (or area
source) Hazardous Air Pollutants
(HAP), and that are, or will be, subject
to standards under section 112 of the
CAA. EPA listed "Gasoline Distribution
Stage I" as a new area source category
in the Integrated Urban Strategy for
National Air Toxics Program (July 19,
1999, 40 FR 38706). Further, we agreed
under a 2003 consent agreement to
propose a rule for this area source
category on or before October 31, 2006,
and promulgate a final rule by
December 20, 2007. No definitions are
published for "Gasoline Distribution
Area Sources". However, it is generally
understood to include gasoline storage
and transfer operations as gasoline is
moved from the production refinery
process units to and including the
gasoline station storage tank. Vehicle
refueling operations has been separated
when this source category was listed
since it is currently regulated under
CAA sections 182(b)(3) and 202(a)(6).
Area sources emit or have a potential
to emit less, than 10 tons per year of
any single HAP or less than 25 tons
per year of total HAP. The higher
emitting sources (major sources) in this
industry are already regulated (40 CFR
63, subpart R) under CAA section 112
national emission standards.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
11/09/06
01/08/07
01/00/08
FR Cite
71 FR 66064
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
73878
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4907
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epa.gov
RIN: 2060-AM74
3039. NESHAP: GENERAL
PROVISIONS (ONCE IN ALWAYS IN)
— AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: The proposed amendments
would revise and codify EPA's policy
on when a major source can become
an area source, and thus become not
subject to national emission standards
for hazardous air pollutants (NESHAP)
for major sources. EPA is reconsidering
the policy, established in a May 16,
1995 memorandum, which allows
sources to attain area source status
prior to the source's first substantive
compliance date of an applicable
NESHAP for major sources. No source
would be subject to the requirements
unless they voluntarily decided to
implement them.
Timetable:
Action
Date FR Cite
NPRM 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4908;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5600
Email: manning.elaine@epa.gov
RIN: 2060-AM75
3040. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air.Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAP) from surface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such state) or the National
Aeronautics and Space Administration
and the surface coating of military
munitions manufactured by or for the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such state).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts, and products,
etc.). Following proposal of these
standards, EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking will
address all surface coating activities at
these installations which do not meet
the applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable:
Action
Date FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM84
3041. NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
iron and steel foundries on April 22,
2004. EPA was subsequently petitioned .
by industry concerning several issues.
EPA has engaged in negotiations with
industry concerning these issues and is
issuing these amendments to address
the concerns. The amendments clarify
several sections of the rule and provide
clearer and more consistent directions
on complying with the standards. The
amendments are being promulgated in
two groups, denoted by "1" and "2"
in the schedule below.
Timetable:
Action
Date FR Cite
Final Action 1 05/20/05 70 FR 29400
Proposed Amendment 01/00/07
Final Amendment 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4927;
EPA publication information: Final
Action 1 -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/May/Day-20/a9592.htm;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-1039
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73879
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: {ruh.steve@epamail.epa.gov
RIN: 2060-AM85
3042. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
technical issues, including the alleged
failure for EPA to establish emission
standards for mercury and asbestos.
EPA has decided to voluntarily remand
both the mercury and asbestos sections
of the rule. The motions for both
remands were granted by the United
States Court of Appeals.
Timetable:
Action
Date
FR Cite
NPRM 03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
3043. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
dba Newmont Mining Corporation
("Newmont") that stated that die
December 31, 2002 (67 FR 80185) final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
is announcing their reconsideration of
this issue arising from our final rules
of December 31, 2002.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/07
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4940;
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
Pam Long, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919 541-0641
Fax: 919 541-5509
Email: long.pam@epamail.epa.gov
RIN: 2060-AM91
3044. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Regulatory Plan: This entry is Seq. No.
103 in part II of this issue of the
Federal Register.
RIN: 2060-ANOO
3045. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 63 subpart IIII
Legal Deadline: None
Abstract: This action will amend the
final National Emission Standard for
Hazardous Air Pollutants for the
surface coating of automobiles and
light-duty trucks. These amendments
will clarify the interaction between this
rule and the NESHAP for surface
coating of plastic parts and products.
These amendments also will improve
the rule by clarifying specific
provisions and correcting errors in the
original printing of the final rule and
announce the availability of a revised
version of the Protocol for Determining
the Daily Volatile Organic Compound
Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations. The
original final rule was published in the
Federal Register on April 26, 2004, (69
FR 22602). The rule affects the surface
coating of automobile and light-duty
truck bodies and body parts for use in
new vehicles at facilities that are major
sources of hazardous air pollutants.
Timetable:
Action
Date
FR Cite
NPRM 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4958;
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, RTF, NC
27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN10
3046. RESPONSE TO PETITION OF
RECONSIDERATION FOR FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Legal Deadline: None
-------
73880
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: In this action, EPA is
responding to a petition for
reconsideration of a final rule we
issued under section 110 of the Clean
Air Act (CAA) related to the interstate
transport of nitrogen oxides (NOx). On
April 21, 2004, EPA issued a final rule
that required the State of Georgia to
submit SIP revisions that prohibit
specified amounts of NOx emissions—
one of the precursors to ozone (smog)
pollution—for the purposes of reducing
NOx and ozone transport across state
boundaries in the eastern half of the
United States. Subsequently, the
Georgia Coalition for Sound
Environmental Policy filed a petition
for reconsideration requesting that EPA
reconsider the inclusion of the state of
Georgia in the rule and also requested
a stay of the applicability of the
requirements as to the state of Georgia.
In response to that petition, EPA
proposed to stay the effectiveness of the
2004 rule on March 1, 2005 (70 FR
9897), and is undertaking the
rulemaking described here to address
the issues raised by the petitioners.
Timetable:
Action
Date FR Cite
NPRM
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined'
Additional Information: SAN No. 4960;
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AN12
3047. NESHAP: AUTOBODY
REFINISHING - AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: These standards are being
developed under the Clean Air Act,
section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP or 25 tons/year of all
HAP. As part of that strategy, Autobody
Refinishing, Paint Stripping, and Plastic
Parts and Products (Surface Coating)
source categories were listed for
regulation. These standards will
establish requirements to control
pollution from facilities engaged in
autobody refmishing, paint stripping,
and surface coating of miscellaneous
parts and products comprised of metal
and plastic substrates. Facilities in
these source categories are known to
emit benzene, cadmium compounds,
chromium compounds, lead
compounds, manganese compounds,
and nickel compounds. Previously EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for major sources engaged in
refinishing, paint stripping, and surface
coating activities.
Timetable:
Action
Date FR Cite
NPRM
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4978;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN21
3048. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Regulatory Plan: This entry is Seq. No.
104 in part II of this issue of the '
Federal Register.
RIN: 2060-AN24
3049. PREVENTION OF SIGNIFICANT
DETERIORATION, NONATTAINMENT
NEW SOURCE REVIEW, AND NEW .
SOURCE PERFORMANCE
STANDARDS: EMISSIONS TEST FOR
ELECTRIC GENERATING UNITS
Regulatory Plan: This entry is Seq. No.
105 in part II of this issue of the
Federal Register.
RIN: 2060-AN28
3050. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: 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. 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. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
extinguishing systems, EPA is revising
its listing of carbon dioxide as an
acceptable total flooding substitute for
ozone-depleting halons to acceptable
subject to narrowed use limits. Use
would be limited to unoccupied areas
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73881
EPA—Clean Air Act (CAA)
Proposed Rule Stage
where personnel could not be exposed
to lethal concentration of the agent.
Recent changes to national fire
protection industry standards reflect
need to improve personnel safety
requirements for carbon dioxide
systems by limiting its applications.
Carbon dioxide total flooding fire
extinguishing systems are used in some
industrial applications such as
automobile paint rooms and in marine
applications such as machinery spaces.
Restricted use limits on carbon dioxide
total flooding systems supports the use
of substitutes that are not potentially
lethal to personnel that could be
exposed.
Timetable:
Action
Date
FR Cite
NPRM 01/00/07
Final Action 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4991;
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AN30
3051. NESHAP: SITE REMEDIATION
AMENDMENTS—RESPONSE TO
LITIGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart
GGGGG
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. We were challenged by the
Sierra Club on several provisions in the
rule. We anticipate that settlement
negotiations will result in certain
revisions to the rule's requirements.
The revisions could remove an
exemption for certain sources thereby
increasing the compliance costs of the
final rule by up to $7.7 million.
Timetable:
Action Date FR Cite
NPRM
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1; Split from RIN 2060-AM30.;
EPA Docket information: OAR-2002-
0021
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E142-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax; 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
3052. NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006.
Abstract: We are currently in
litigation/settlement discussions in
response to a Petition for
Reconsideration of the final rule. The
outcome could result in an amendment
to the rule that would require control
of wastewater emission sources at OLD
facilities.
Timetable:
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-3608
Email: shine.brenda@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN37
3053. FEDERAL PLAN
REQUIREMENTS FOR OTHER SOLID
WASTE INCINERATION UNITS
CONSTRUCTED ON OR BEFORE
DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 129 and
lll(d)
CF:R Citation: 40 CFR 62 (New)
Legal Deadline: Other, Statutory,
December 16, 2007, See the legal
deadline information in the additional
iniFormation below.
Abstract: In this OSWI Federal plan
rulemaking, EPA becomes an
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe, or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the December
2005 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.
Action
Date FR Cite Timetable:
NPRM 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4910.1; Split from RIN 2060-AM77.
Agency Contact: Brenda Shine,
Environmental Protection Agency, Air
Action
Date
FR Cite
NPRM
Final Action
12/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
-------
73882 Federal Register /Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 5011;
Legal Deadline continued: Federal Plan
must be promulgated 2 years after the
final publication of the Emission
Guidelines rule (December 16, 2005,, 70
FR 74869,
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
16/a23716.htm); EPA Docket
information: EPA-HQ-OAR-2006-0364
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN43
3054. PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT USED
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE UNITED
STATES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This regulation will
streamline the process for importing
used ozone-depleting substances for
destruction in the United States. This
will further reduce the amount of
substances that could otherwise harm
the ozone layer.
Timetable:
Action
Date
FR Cite
NPRM 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5017
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9556
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN48
3055. ACTION ON PETITION TO LIST
DIESEL EXHAUST AS A HAZARDOUS
AIR POLLUTANT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
February 11, 2005.
NPRM, Judicial, November 15, 2006,
Consent decree, under negotiation.
Final, Judicial, May 1, 2007, Tentative,
under negotiation.
Abstract: EPA received a petition from
Environmental Defense to list Diesel
Exhaust as a Hazardous Air Pollutant
(HAP). Upon initially reviewing the
petition, we have decided the petition
needs to be reviewed and evaluated by
a workgroup to make a final
determination on how to proceed. After,
technical evaluation, the workgroup
will recommend to grant or deny the
petition. Our current negotiated court
ordered deadlines are to propose to list
or issue notification of denial by
September 14, 2006, with final action
by May 1, 2007.
Timetable:
Action
Date FR Cite
NPRM 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5020;
EPA Docket information: EPA-HQ-OAR-
2005-0489
Agency Contact: Anne Rea,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0840
Email: rea.anne@epamail.epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-1167
Fax: 919 541-0840
Email: Jenkins. scott@epamail.epa.gov
RIN: 2060-AN49
3056. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
THE IMPORT OF PRE-CHARGED
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7601,
7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the potential continued imports of
HCFC pre-charged products after the
phaseout of production and importation
of bulk substances. Similar concerns
resulted in the banning the imports of
CFC pre-charged refrigeration products
after the 1996 phaseout of production
and import of bulk substances.
Therefore, EPA intends to propose
regulations banning the imports of
HCFC pre-charged products under the
provisions within title VI of CAAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/07
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5052;
URL For More Information:
www.epa.gov/ozone/title6
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AN58
3057. TRANSITION TO NEW OR
REVISED PARTICULATE MATTER
(PM) NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: Other, Statutory,
January 31, 2006, The 12/20/05 PM
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73883
EPA—Clean Air Act (CAA)
Proposed Rule Stage
NAAQS proposal stated EPA will issue
ANPRM for implementation by 1/2006.
Abstract: In 1997, EPA promulgated
revised National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). EPA will be proposing
revised NAAQS for PM-2.5 and new
standard PM10-2.5 on December 20,
2005. In order to provide insight for
the public on what EPA is thinking in
regards to implementing the revised
standard for PM2.5 and the transition
from a PMlO standard to a PM10-2.5
standard, EPA is providing this
advance notice of proposed rulemaking.
This ANPRM should also provide an
opportunity for the public to provide
input on the best way to implement
these actions. Public comment period
will be extended until July 10, 2006.
A proposal will be developed after the
PM NAAQS are finalized in September
2006.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
02/09/06 71 FR 6718
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-09/al798.htm;
Split from RIN 2060-AK74.
Agency Contact: Barbara Driscoll,
Environmental Protection Agency, Air
and Radiation, C504—05, Research
Triangle Park, NC 27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AN59
3058. REVISIONS TO THE DEFINITION
OF POTENTIAL TO EMIT (PTE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7412; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: EPA proposes to clarify the
options that exist for limiting potential
to emit (PTE) for sources that wish to
avoid major source requirements. To
that end, EPA proposes to revise the
PTE definition, for several CAA
programs to explain the types of limits
that are effective in restricting a
source's PTE regulated pollutants.
EPA's requirement that PTE limits must
be federally enforceable to be
considered effective in restricting PTE
is at issue as a result of three court
decisions. EPA's proposal will address
this requirement.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/07
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5025;
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN65
3059. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
SAFETEA-LU HOV FACILITIES RULE
Priority: Other Significant
Legal Authority: 23 USC 1121
CFR Citation: 40 CFR 86
Legal Deadline: Final, Statutory,
February 6, 2006, Language from
Congress requires a final regulatory
action by February 6, 2006.
Abstract: It is the sense of Congress
to encourage the purchase and use of
hybrid and other fuel efficient vehicles,
which have been proven to minimize
air emissions and decrease
consumption of fossil fuels. This
regulation establishes the criteria for
certifying a vehicle as low emitting and
energy-efficient. State HOV programs
will reference this regulation in their
request to Federal Highway
Administration for exceptions to the 2-
person minimum occupancy HOV
requirement. These regulations are
optional for states to implement and
will sunset in 2009.
Timetable:
Action
Date
FR Cite
NPRM 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
Agency Contact: Julia Rege,
Environmental Protection Agency, Air
and Radiation, AALDVG, Ann Arbor,
MI 48105
Phone: 734 214-4614
Email: rege.julia@epamail.epa.gov
Tandi Bagian, Environmental Protection
Agency, Air and Radiation, AAIO, Ann
Arbor, MI 48105
Phone: 734 214-4901
Email: bagian.tandi@epamail.epa.gov
RIN: 2060-AN68
3060. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR AEROSOL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 ib
CFR Citation: 40 CFR 59 subpart E
Legal Deadline: None
Abstract: Under section I83(e) of the
Clean Air Act, the EPA is required to
list and schedule for regulation those
categories of consumer or commercial
products that account for at least 80
percent of volatile organic compound
(VOC) emissions, on a reactivity
adjusted basis, in areas that violate the
-------
73884
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
National Ambient Air Quality Standard
for ozone. This rule is intended to meet
that requirement for the aerosol spray
paint category listed on March 23,
1995. This national regulation will
establish a uniform reactivity-based
standard for aerosol spray paints
modeled after the California Air
Resource Board (CARB) Regulation for
Reducing the Ozone Formed from
Aerosol Coating Product Emissions.
EPA granted final approval of the
revisions to the California State
Implementation Plan containing this
regulation on September 13, 2005.
Although mass-based VOC reductions
have been made in the aerosol coating
category, this reactivity-based approach
will achieve additional reductions in
ozone formation where further mass-
based reductions have proven to be
technologically infeasible. This national
rule is projected to better control a
product's contribution to ozone
formation by encouraging reductions of
higher reactivity VOCs, rather than
treating all VOCs in a product alike
through a mass-based approach.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/07
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5030;
Agency Contact: Kaye Whitfield,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-2509
Fax: 919 541-0072
Email: whitfield.kaye@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN69
3061. NEW SOURCE PERFORMANCE
STANDARDS (NSPS): EQUIPMENT
LEAKS-SUBPARTS W & GGG
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Statutory,
October 31, 2006, Settlement
Agreement.
Final, Statutory, October 31, 2007,
Settlement Agreement.
Abstract: Section lll(b)(l)(B) of the •
Clean Air Act requires EPA to review
new source performance standards at
least every 8 years. Under this project,
we will review and, if appropriate,
revise the new source performance
standards for equipment leaks (subparts
W and GGG in part 60). Equipment
leaks are defined as leaks from valves,
pumps, compressors, sampling
connections, open-ended lines, and
pressure relief valves at SOCMI sources
(subpart W) and oil refineries (subpart
GGG). We will determine if actual
emission reductions currently being
achieved due to other programs are
greater than the requirements in the
current NSPS standards, and whether
the current NSPS standards should be
revised.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
11/07/06 71 FR 65302
01/08/07
11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5035;
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN71
3062. PETROLEUM REFINERIES-NEW
SOURCE PERFORMANCE
STANDARDS (NSPS)-SUBPART J
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, April
28, 2007, Lawsuit by Sierra Club and
Our Children's Earth Foundation.
Final, Judicial, April 28, 2008, Lawsuit
by Sierra Club and Our Children's
Earth Foundation.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act requires EPA to review
new source performance standards at
least every 8 years. Under this project,
we will review and, if appropriate,
revise the new source performance
standards for petroleum refineries
(subpart J in part 60). We will
determine if actual emission reductions
currently being achieved due to other
programs are greater than the
requirements in the current NSPS
standards, and whether the current
standards should be revised.
Timetable:
Action
Date
FR Cite
NPRM 04/00/07
Final Action 04/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5036
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, RTP , NC
27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax: 9.19 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN72
3063. DEFECT REPORTING FOR
ON-HIGHWAY MOTOR VEHICLES
AND ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA regulations require
manufacturers to report defects of
emissions-related equipment or
emissions control systems of on-
highway motor vehicles and heavy-duty
engines. Under the current regulations
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73885
EPA—Clean Air Act (CAA)
Proposed Rule Stage
a defect report is required when a
manufacturer determines that the same
defect has occurred in 25 or more
vehicles or engines. This is an
unreasonably small threshold for large
engine families/test groups. This action
would create new thresholds that
would depend upon the size of the
engine family/test group. It would also
obligate manufacturers to conduct
investigations under certain
circumstances to determine if an
emission-related defect is present. The
investigations would be triggered by
warranty information, parts shipments,
and any other information which may
be available indicate need for an
investigation.
Timetable:
Timetable:
Action
NPRM
Final Action
Date
01/00/07
01/00/08
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5043;
Agency Contact: Christine
Mikolajczyk, Environmental Protection
Agency, Air and Radiation, AAPTIG,
Ann Arbor, MI 48105
Phone: 734 214-4403
Email:
mikolajczyk.christine@epamail.epa.gov
Lynn Sohacki, Environmental'
Protection Agency, Air and Radiation,
AALDVG, Ann Arbor, MI 48105
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AN73
3064. REVISION TO DEFINITION OF
VOLATILE ORGANIC
COMPOUNDS-EXCLUSION OF
COMPOUNDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51.100
Legal Deadline: None
Abstract: The EPA is proposing to add
four compounds (benzotrifluoride,
dimethyl succinate, propylene
carbonate, and dimethyl carbonate) to
the list of negligibly reactive
compounds in EPA's definition of VOC.
Action
Date
FR Cite
NPRM
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5045;
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
Email: keating.terry@epa.gov
RIN: 2060-AN75
3065. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SEMICONDUCTOR
MANUFACTURING: AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA title III
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The promulgated National
Emission Standards for Hazardous Air
Pollutants for Semiconductor
Manufacturing included process vent
requirements for inorganic HAP streams
or inorganic process HAP streams.
However, a small minority of process
vents in .the industry contain emission
streams that combine inorganic and
organic HAPs. The purpose of this
amendment is to add a definition for
mixed stream process vents in order to
clarify the rule requirements and avoid
the confusion caused by the current
rule. These amendments will not add
additional burden or cost to the rule.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/19/06 71 FR 61701
12/04/06
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5055;
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
arid Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-1039
Email: schaefer.john@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-03, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AN80
3066. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2007
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is seeking to allocate
essential use allowances for import and
production of class I stratospheric
ozone depleting substances for calendar.
2007. Essential allowances enable a
person to obtain newly produced or
imported controlled class I ozone-
depleting substances under the
essential exemption to the regulatory
phaseout of these chemical, which
became effective on January 1,1996.
Essential uses include the manufacture
of important medical devices such as
asthma inhalers.
Timetable:
Action
Date
FR Cite
11/03/06 71 FR 64669
12/04/06
NPRM
NPRM Comment
Period End
Final Action 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5056;
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9556
-------
73886
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006 / Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AN81
3067. TRANSPORTATION
CONFORMITY RULE AMENDMENTS
TO IMPLEMENT PROVISIONS
CONTAINED IN THE 2005
TRANSPORTATION BILL
(SAFETEA-LU)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7506
CFR Citation: 40 CFR 93; 40 CFR
51.390
Legal Deadline: Final, Statutory,
August 9, 2007, SAFETEA-LU requires
that EPA revise the transportation
conformity rule to address the statutory
provisions.
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a State's plan for achieving the
air quality standards. These
amendments to the rule are necessary
as a result of the changes to the Clean
Air Act's transportation conformity
provisions as mandated by the recent
transportation bill, SAFETEA-LU.
SAFETEA-LU revised a number of
aspects of the Clean Air Act's
transportation conformity provisions
including: 1) Providing an additional 6
months to re-determine conformity after
new state implementation plan (SIP)
motor vehicle emissions budgets are
either found adequate, approved or
promulgated; 2) changing the frequency
requirements for transportation
conformity determinations; 3) providing
an option for reducing the time period
covered by conformity determinations;
4) providing procedures for areas to use
in substituting or adding transportation
control measures (TCMs) to approved
SIPs; 5) adding a 1-year grace period
for conformity lapses; and 6)
streamlining requirements for
conformity SIPs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5057;
Agency Contact: Rudolph Kapichak,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-4858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN82
3068. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Regulatory Plan: This entry is Seq. No.
106 in part II of this issue of the
Federal Register.
RIN: 2060-AN83
3069. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): REASONABLE
POSSIBILITY IN RECORDKEEPING
Priority: Substantive, Nonsignificant
Legal Authority: parts C and D of title
I of the Clean Air Act
CFR Citation: 40 CFR 51 App S; 40
CFR 51.165; 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: This rulemaking would
clarify the "reasonable possibility"
recordkeeping standard that we
promulgated in the NSR Reform rule
of 2002. In June 2005, the B.C. Circuit
Court remanded the rule for EPA to
provide such clarification. For tracking
and reporting, certain records must be
kept only if there is a "reasonable
possibility" that a proposed project will
result in a significant emissions
increase. We are proposing one or more
scenarios under which the
recordkeeping standard is applicable.
Timetable:
Action
Date FR Cite
NPRM . 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5076;
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Jessica Montanez, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-3407
RIN: 2060-AN88
3070. • RECONSIDERATION OF NEW
SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY, INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL STEAM
GENERATING UNITS
Priority: Substantive, Nonsignificant
Legal Authority: CAA 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is granting
reconsideration on the recently
finalized boiler NSPS amendments.
Issues under reconsideration include
the appropriate averaging time for
facilities using particulate matter
continuous emission monitoring
systems (PM GEMS) and appropriate
parametric monitoring requirements for
facilities without PM GEMS. Minor
recordkeeping requirements will also be
under reconsideration.
Timetable:
Action
Date
FR Cite
NPRM 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5089;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73887
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-4003
Fax: 919. 541-5450
Email: fellner.christian@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, D243-01,
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AN97
3071. • CLEAN AIR MERCURY RULE:
FEDERAL PLAN
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: CAA Section 111
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is a Federal Plan
to implement the requirements of the
Clean Air Mercury Rule (CAMR) for
any States that do not submit an
approvable State Plan within the 2-
year timeline specified in the final
CAMR, as well as the two tribes
affected by the rule. The Federal Plan
implements the requirements of CAMR
by requiring that these States and tribes
participate in the EPA-administered
CAMR cap-and-trade program. While
this rule provides for Federal
implementation of the cap and trade
program, it makes no other substantive
changes to the model cap and trade
program already finalized as part of
CAMR. During the CAMR rulemaking
process, EPA conducted extensive
analysis of the economic,
environmental, and health impacts of
CAMR. Because the requirements and
major programmatic elements of CAMR
remain the same under the Federal
Plan, these analyses remain unchanged
under this action, as do conclusions
regarding consideration of Executive
Orders. This rule also reflects any
modifications based on the CAMR Final
Action on Reconsideration.
Timetable:
Action
Date
FR Cite
NPRM 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5094;
Agency Contact: Kevin Culligan,
Environmental Protection Agency, Air
and Radiation, 6204], Washington, DC
20460
Phone: 202 343-9172
Email: culligan.kevin@epamail.epa.gov
Meg Victor, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9193
Email: victor.meg@epamail.epa.gov
RIN: 2060-AN98
3072. • PHASE 2 OF THE FINAL RULE
TO IMPLEMENT THE 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARD—NOTICE OF
RECONSIDERATION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51; 40 CFR 81
Legal Deadline: Final, Judicial,
December 15, 2006.
Other, Statutory, EPA is trying to
expedite the OMB review on the
proposal because we have a
commitment to the court to go final by
Dec. 15.
Abstract: In this notice, EPA would
announce its decision to reconsider and
take additional comment on three
provisions in the final Phase 2, 8-hour
ozone implementation rule: (1) The
determination that electric generating
units (EGUs) that comply with rules
implementing the Clean Air Interstate
Rule (CAIR) and are located in States
where all required CAIR emissions
reductions are achieved from EGUs
meet the 8-hour ozone State
implementation plan (SIP) requirement
for application of reasonably available
control technology (RACT) for nitrogen
oxide (NOx) emissions; (2) a new
source review (NSR) requirement
allowing sources to use certain
emission reductions as offsets under
certain circumstances; and (3) an NSR
provision addressing when
requirements for the lowest achievable
emission rate (LAER) and emission
offsets may be waived. These issues are
also issues in a petition for judicial
review; the court has granted EPA a
stay of litigation on these three issues
until December 15, 2006, so the
reconsideration action must be
completed by then.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.6; Split from RIN 2060-AJ99.
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
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
Related RIN: Split from 2060-AJ99
RIN: 2060-AOOO
-------
73888
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3073. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 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
Final Action 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4070;
Agency Contact: Tom Coda,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AH93
Timetable:
Action
Date FR Cite
3074. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Other Significant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 49
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
stationary sources throughout Indian
country and major stationary sources of
air pollution in nonattainment areas in
Indian country. The proposed Federal
NSR rules would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) New minor sources, (2)
existing minor sources undergoing
modification, (3) new major sources in
nonattainment areas in Indian country,
(4) existing major sources in
nonattainment areas in Indian country
undergoing minor modification, or (5)
existing major sources in nonattainment
areas in Indian country undergoing
major modification. The proposed rule
would also allow new or existing
stationary sources of regulated NSR
pollutants and HAPs to accept
enforceable limits on their production
capacity or hours of operation in order
to be considered minor sources and
avoid being subject to other Clean Air
Act requirements such as the title V
operating permits program. Pursuant to
the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs, but these permitting
programs would be implemented by
EPA if eligible Indian Tribes do not
elect, or do not receive authorization
to manage such programs. 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.
NPRM
NPRM Comment
Period End
Final Action
08/21/06 71 FR 48696
11/20/06
06/00/07
Regulatory Flexibility Analysis
Required: No.
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-21/a6926.htm;
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Jessica Montanez, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-3407
RIN: 2060-AH37
3075. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Regulatory Plan: This entry is Seq. No.
117 in part II of this issue of the
Federal Register.
RIN: 2060-AK74
3076. NSPS: SOCMI—WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60, app J, SOCMI
Wastewater NSPS; 40 CFR 63, app C
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73889
EPA—Clean Air Act (CAA)
Final Rule Stage
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11,1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9,1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add appendix J to 40
CFR part 60. In conjunction with the
rule development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. The
final rule will encompass the
clarifications and revisions to subpart
YYY, appendix J, and 40 CFR part 63
appendix C.
Timetable:
Action
Date FR Cite
NPRM(NSPS) 09/12/94 59 FR 46780
Supplemental NPRM 10/11/95 60 FR 52889
1
Supplemental NPRM 12/09/98 63 FR 67988
2
NPRMAmdmt 06/30/04 69 FR 39383
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No, 3380;
EPA publication information:
Supplemental NPRM 2 -
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/December/Day-
09/a28472a.htm;
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Brenda Shine,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-3608
Email: shine.brenda@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711 .
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3077. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR 60, APPENDIX F, PROCEDURE 3)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: This rulemaking adds a
procedure 3 to Appendix F of 40 CFR
60. This action provides quality
assurance specifications for continuous
opacity monitor system (COMS)
installed for compliance. States may
cite this procedure for sources with
installed COMS subject to compliance
limitations.
Timetable:
Action
Date FR Cite
Final Action
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958;
Agency Contact: Tom Logan,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-2580
Fax: 919 541-0516
Email: logan.tom@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH23
3078. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: Final, Judicial,
December 8, 2006, Original settlement
agreement -5/26/06, due to request for
extension of public comments, litigants
agreed to extend
final-7/26/06-extended again 12/8/06.
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. On
December 15, 2000, a panel of the B.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-floor
standards for HAP metals, for which
particulate matter (PM) is a surrogate.
This action will consist of amendments
to respond to the court remand.
Timetable:
Action
Date FR Cite
NPRM
Extension of Public
Comment Period
Reopening of Public
Comment Period
Final Action
12/02/05 70 FR 72330
01/09/06 71 FR 1403
07/18/06 71 FR 40679
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
02/a23419.htm; ; EPA Docket
information: EPA-HQ-OAR-2002-0051
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
-------
73890
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ78
3079. NESHAP: HALOGENATED
SOLVENT CLEANING—RESIDUAL
RISK STANDARDS
Regulatory Plan: This entry is Seq. No.
115 in part II of this issue of the
Federal Register.
RIN: 2060-AK22
3080. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17; 40 CFR 63.18
Legal Deadline: None
Abstract: We are amending the part 63
General Provisions to 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. The amendments
would also allow a source to avoid
MACT by completely eliminating HAP
emissions. We are promulgating 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4719;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/May/Day-15/al2180.htm;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C5 04-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5600
Email: manning.elaine@epa.gov
RIN: 2060-AK54
3081. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Regulatory Plan: This entry is Seq. No.
114 in part II of this issue of the
Federal Register.
RIN: 2060-AK14
3082. MODIFICATION OF THE
ANTI-DUMPING BASELINE DATE
CUT-OFF LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive; Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93 (a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1, 1995
in the development of baselines, and
it would establish a cut-off date of
January 1, 2002 for the submission of
all individual baselines under the anti-
dumping program. This date is the
same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.
Timetable:
Action
Date
FR Cite
Direct Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3083. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Regulatory Plan: This entry is Seq. No.
116 in part II of this issue of the
Federal Register.
RIN: 2060-AK70
3084. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522, CAA
203; 42 USC 7525, CAA 206; 42 USC
7541, CAA 207; 42 USC 7542, CAA
208; 42 USC 7601, CAA 301; 42 USC
7522, CAA 203; 42 USC 7550, CAA
216; 42 USC 7601, CAA 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR 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
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73891
EPA—Clean Air Act (CAA)
Final Rule Stage
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1] Formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/24/94 59 FR 13912
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2665,
Agency Contact: Bob Doyle,
Environmental Protection Agency, Air
and Radiation, Mail Code 6405J,
Washington, DC 20460
Phone: 202 343-9258
Email: doyle.robert@epa.gov
RIN: 2060-AI03
3085. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 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 May
2, 2002, and May 22, 2003, we partially
and limitedly approved and partially
and limitedly disapproved Montana's
SO2 SIP for Billings/Laurel. EPA
intends to propose a Federal
Implementation Plan (FIP) to cover
those parts of the State's plan we
disapproved. EPA's FIP will assure that
the Billings/Laurel area will attain and
maintain the SO2 NAAQS.
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/12/06 71 FR 39259
09/11/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4542;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/July/Day-12/a6096.htm;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR, Denver,
CO 80202
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epamail.epa.gov..
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Denver, CO 80202
Phone: 303 312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOO
3086. NESHAP: NATIONAL EMISSON
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS
(RECONSIDERATION OF THE
PARTICULATE MATTER STANDARD)
Priority: Other Significant
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated national
emission standards for hazardous air
pollutants for hazardous waste
combustors on October 12, 2005.
Following promulgation of the final
rule, the EPA Administrator received
four petitions for reconsideration
pursuant to section 307(d)(7)(B) of the
Clean Air Act. Under this section of
the Clean Air Act, the Administrator
shall initiate reconsideration
proceedings if the petitioner can show
that it was impracticable to raise an
objection to a rule within the public
comment period or that the grounds for
the objection arose after the public
comment period. On March 23, 2006,
EPA granted reconsideration of and
requested comment on one issue raised
in two of the petitions. The issue under
reconsideration is the new source
standard for particulate matter for
cement kilns that burn hazardous
wastes. In this final rule EPA plans to
issue its final reconsideration
determination of this emission
standard.
Timetable:
Action
Date FR Cite
NPRM
Administrative Stay
Final Action.
03/23/06 71 FR 14665
03/23/06 71 FR 14655
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5047;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/March/Day-23/a2703.htm; ;
EPA Docket information: EPA-HQ-OAR-
2004-0022
URL For More Information:
www. epa.gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG29
3087. • NESHAP: NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
STANDARDS FOR HAZARDOUS
WASTE COMBUSTORS (RESPONSE
TO PETITIONS FOR
RECONSIDERATION)
Priority: Other Significant
Legal Authority: 42 USC 6924; 42 USC
6925; 42 USC 7412; 42 USC 7414
CFR Citation: 40 CFR 63 (Revision); 40
CFR 264 (Revision); 40 CFR 266
(Revision)
Legal Deadline: None
Abstract: On October 12, 2005, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP). Following promulgation of
the final rule, the EPA Administrator
-------
73892
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
received four petitions for
reconsideration pursuant to section
307(d)(7)(B) of the Clean Air Act.
Under this section of the Clean Air Act,
the Administrator shall, initiate
reconsideration proceedings if the
petitioner can show that it was
impracticable to raise an objection to
a rule within the public comment
period or that the grounds for the
objection arose after the public
comment period. In this proposed rule,
EPA is proposing to grant
reconsideration of and requesting
comment on several issues raised in the
petitions of the four petitioners. In
addition, EPA is proposing several
amendments and corrections to the
final rule to clarify some compliance
and monitoring issues.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/06/06 71FR52624
10/23/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No.
5047.1; Split from RIN 2050-AG29.;
EPA Docket information: EPA-HQ-OAR-
2004-0022
URL For More Information:
http://www.epa.gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG35
3088. 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.
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
01/04/05 70FR646
02/03/05
NPRM
NPRM Comment
Period End
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4632;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/January/Day-04/a043.htm;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9624
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3089. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
.1200 Pennsylvania. Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73893
EPA—Clean Air Act (CAA)
Final Rule Stage
3090. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): DEBOTTLENECKING,
AGGREGATION AND PROJECT
NETTING
Regulatory Plan: This entry is Seq. No.
118 in part II of this issue of the
Federal Register.
RIN: 2060-AL75
3091. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES & VEHICLES ABOVE 14,000
POUNDS & IN-USE, NOT-TO-EXCEED
EMISSION STANDARD TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is proposing to establish
On-Board Diagnostic (OBD)
requirements for Heavy-Duty On-
Highway and Non-Road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action will
also propose to require manufacturers
of these vehicles and engines to make
available emissions-related service
information to after market service
providers. OBD systems are intended to
monitor the performance of emission
controls on these vehicles and engines
to ensure proper functionality and
compliance with emissions standards.
This notice also proposes a
manufacturer run in use testing
program for heavy-duty engines and
vehicles to assess compliance with the
applicable not to exceed standards
beginning in 2007. This portion of the
notice has a court-ordered date for May
2004 and final May 2005 as a result
of a settlement between EPA, ARE, and
Engine Manufacturers.
Timetable:
Action
Date
FR Cite
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
Agency Contact: Todd Sherwood,
Environmental Protection Agency, .Air
and Radiation, AALDOC, Ann Arbor,
MI 48105
Phone: 734 214-4405
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAPTIG, Ann Arbor, MI 48105
Phone: 734 214-4288
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
3092. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance, after the
phase-out date of 2005. This exemption
will be limited to no more than 20
metric tons per emergency event. This
is a deregulatory action that will
decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date FR Cite
Final Action
NPRM
02/00/07
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4819;
URL For More Information:
www.epa.gov/ozone/mbr
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue, Washington, DC 20460
Phone: 202 343-9321
Fax: 202 565-2079
Email: montoro.marta@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AL94
3093. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63; 40 CFR 65
Legal Deadline: Other, Statutory,
March 31, 2006, Thompson Report
commitment date.
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP)under the Clean Air
Act. These regulations are codified at
40 CFR part 60, 61, 63, and 65. These
regulations require periodic leak
detection and repair (LDAR) of pumps,
valves, and connectors. The current
work practice requires each pump,
valve, and connector to be individually
monitored for leaks. Facilities have had
LDAR programs in place for over 20
years and view them as burdensome
because they are labor intensive. Newer
image based monitoring technology is
being developed which will detect
leaks at a reduced costs because of the
ability to monitor multiple components
at one time. This rule would amend
the existing regulations to enable the
plant operators to use the new
technology.
Timetable:
Action
Date
FR Cite
04/06/06 71 FR 17401
06/07/06 71FR32885
NPRM
NPRM, Extension
Comment Period
Final Action 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
-------
73894 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AL98
3094. NESHAP: OIL AND NATURAL
GAS PRODUCTION FACILITIES-AREA
SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, Judicial, June 30, 2005.
Final, Judicial, December 21, 2006,
consent decree.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP and 25 tons/year of
all HAP. As part of that strategy,
several area-source categories were
listed for regulation. Oil and Natural
Gas (ONG) production sources were
listed as one of those categories, and
this rulemaking will address measures
to control pollution from ONG
facilities. Oil and natural gas
production processes are known to emit
benzene, toluene, ethyl-benzene and
xylene. In 1999, EPA promulgated the
NESHAP for Oil and Natural Gas
Production. A supplemental proposal
was published in the Federal Register
on July 8, 2005. We proposed two
options—that the control requirements
apply in all locations or to just facilities
in Urban 1 and Urban 2 counties. The
control requirements only apply to
triethylene glycol dehydration .units.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/08/05 70 FR 39441
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4875;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/July/Day-08/al3480.htm;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E142-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM16
3095. NESHAP: SITE REMEDIATION:
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Other, Statutory,
October 8, 2006, Compliance date.
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. This action will revise
language in the final rule to correct
errors or language that doesn't reflect
our intent. Specifically, we will revise
language specifying where the
concentration for remediation material
management units (RMMU) is
measured (i.e., from point of extraction
to point of treatment - as proposed in
the original rule). We will also clarify
that facilities with active remediations
can use the 1 Mg HAP exemption if
they qualify rather than limit it to new
remediations. We will also clarify that
facilities meeting equipment leak
standards for part 61 or other part 63
standards are exempt from those
similar provisions in 63 subpart
GGGGG. Grammatical errors and
incorrect section references will be
corrected as well.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/01/06 71 FR 25531
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4866;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E142-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTP, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM30
3096. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least 40 working days
before a shipment is to leave the
foreign port of export. This rule will
reduce the administrative burden of
anyone petitioning to import aircraft
fire extinguishing spherical pressure
vessels containing halon-1301 ("halon
bottles") for hydrostatic testing in the
United States. The rule would require
importers to adhere to all import
petitioning requirements but would
require one petition to be submitted
annually for all shipments rather than
submission of a petition for each
individual shipment 40.working days
prior to export. Halon bottles are
individual bottles containing halon-
1301 that are connected to a larger fire
suppression system within an aircraft.
The halon bottles are brought into the
United States for hydrostatic testing in
which the halon is removed, the bottles
are tested to ensure durability and
effectiveness, and the same amount or
more of halon is replaced back in the
bottles and exported once again. The
halon bottles must be routinely Rested
under Federal Aviation Administration
and United States Department of
Transportation regulations. The
exemption to minimize the import
petitioning requirements is being
initiated because the bottles are not
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73895
EPA—Clean Air Act (CAA)
Final Rule Stage
being imported for the eventual use or
resale of the halon contained in the
bottles and because hydrostatic testing
of the bottles is required under FAA
and DOT regulations.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM . . 04/11/06 71 FR 18259
Direct Final Action 04/11/06 71 FR 18219
Withdrawal of FRM 06/07/06 71 FR 32840
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4900;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/April/Day-ll/a3462.htm;
URL For More Information:
www.epa.gov/ozone/title6
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
RIN: 2060-AM46
3097. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES IN THE MOTOR
VEHICLE AIR CONDITIONING SECTOR
UNDER THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82.180
Legal Deadline: None
Abstract: This rulemaking will propose
to list two new alternatives to ozone
depleting substances in the motor
vehicle air conditioning sector and
outline the conditions necessary for
their safe use. Our analysis.indicates
that these new alternatives have better
energy efficiency and lower impacts on
the environment than currently
available systems. If EPA takes final
action approving these systems under
SNAP, EPA would expand the options
available to the automotive industry.
The automotive industry, if they chose
to adopt these technologies, would be
required to comply with the conditions
necessary to deploy these systems in
a safe manner.
NPRM
NPRM Comment
Period End
Final Action
09/21/06 71 FR 55140
10/23/06
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4918;
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205],
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AM54
3098. NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR): FINAL
RULES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51, app S
Legal Deadline: None
Abstract: This action will promulgate
changes to regulations that govern NSR
permitting of major stationary sources
in nonattainment areas where there is
no approved SIP. Appendix S of 40
CFR 51 contains the permitting
program for major stationary sources in
nonattainment areas in transition
periods before approval of a SIP to
implement part D of title I. This action
will revise appendix S to conform it
to the changes -made to regulations at
40 CFR 51.165 for SIP programs for
nonattainment major NSR (67 FR
80816; December 31, 2002).
Timetable:
Action
Date
FR Cite
.Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal.
Additional Information: SAN No.
3259.2; Split from RIN 2060-AEll. See
also SAN 4390
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Janet McDonald, Environmental
Protection Agency, Air and Radiation,
12:00 Pennsylvania Avenue NW.,
Research Triangle Park, NC 27711
Phone: 919 541-1450
Email: mcdonald.janet@epamail.epa.gov
Lakeshia Walker, Environmental
Protection Agency
Phone: 202 564-6571
Email: walker.lakeshia@epa.gov
RIN: 2060-AM59
3099. COMPONENT DURABILITY
PROCEDURES FOR NEW
LIGHT-DUTY VEHICLES, LIGHT-DUTY
TRUCKS AND HEAVY-DUTY
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
-------
73896
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
ordered deadline, this is a court-
ordered action. During the comment
period of the NPRM the Agency
received a comment from the Afton
Chemical Corporation ("formally
known as Ethyl Corporation")
suggesting that EPA did not address the
component durability portion of the
new vehicle emission certification
process and should establish a
procedure for rulemaking requesting
comment on whether our current
component durability process is
appropriate or if we should revise the
process to include a limited amount of
testing.
Timetable:
Action
Date FR Cite
Supplemental 2
NPRM
Final Action
01/17/06 71 FR 2843
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; EPA publication information:
Supplemental 2 NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/January/Day-17/a073.htm;
Split from RIN 2060-AK76.
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, AAPTIG, Ann Arbor, MI
48105
Phone: 734 214^4502
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AN01
3100. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES IN
FOAM BLOWING
Priority: Other Significant
Legal Authority: Clean Air Act sec 612
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is initiating this
rulemaking in response to a DC Circuit
action. In July 2004, the DC Circuit
Court vacated a portion of an SNAP
Final Rule published on July 22, 2002
(67 FR 47703), and new information
available to the Agency as a result of
progress within the industry on
adopting non-ozone depleting
chemicals. This rule responds to the
vacature and the new information and
would determine the continued use of
HCFC-22 and -142b.as substitutes for
HCFC-141b in foam blowing. This rule
will address affects of stratospheric
ozone depletion and health and
environmental impacts of substitutes
for ozone-depleting substances. The
ultimate impact will be to reduce skin
cancer, cataracts, and other adverse
impacts of ozone depletion.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/04/05 70 FR 67120
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4959;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/November/Day-
04/a21927.htm;
URL For More Information:
www.epa.gov/ozone/title6
Agency Contact: Jeff Cohen,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
Margaret Sheppard, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9163
Fax: 202 343-2337
Email: sheppard.margaret@epa.gov
RIN: 2060-ANll
3101. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Regulatory Plan: This entry is Seq. No.
119 in part II of this issue of the
Federal Register.
RIN: 2060-AN14
3102. REVISIONS TO THE
CONTINUOUS EMISSIONS
MONITORING RULE FOR THE ACID
RAIN PROGRAM AND THE NOX
BUDGET TRADING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 75 (Revision)
Legal Deadline: None
Abstract: This rule would modify the
existing requirements for sources
affected by the Acid Rain Program, and
the NOx Budget Trading Program. The
Acid Rain Continuous Emission
Monitoring (CEM) rule would be
revised to improve implementation by
making improvements to the
monitoring and reporting process that
will benefit both EPA and the facilities
affected by the rule. These amendments
will have no environmental impacts,
and are expected to reduce the ongoing
costs and burden associated with
reporting emissions under the current
rule by instituting a revised reporting
procedure that will reduce the
redundancy that currently exists with
the existing procedures. Specifically, as
part of its reengineering efforts, EPA is
replacing the existing record type
dependant reporting format to an XML
data reporting format that takes
advantage of technological advances in
data management. This fundamental
change is expected to reduce the costs
of programming data collection systems
at the affected facilities and should
provide EPA with the flexibility to
better adapt its systems to unique data
configurations, which are not currently
easily (or properly) adaptable by the
current reporting structure. EPA
expects to reduce the cost and burden
associated with resubmittals of data
reports due to errors identified after the
submittals are made. This action also
attempts to clarify, simplify, and
enhance certain sections in the CEM
rule to make it easier for sources to
understand and comply with the
regulation. Examples include: Providing
a mechanism for a source to utilize the
concept of long-term cold storage;
clarifying that only one monitoring
methodology should be specified at any
time; and modifying the quality
assurance timing requirements for
ozone season only reporters. These
amendments need to be finalized prior
to the planned implementation date of
January 1, 2007.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
08/22/06
10/23/06
06/00/07
FR Cite
71 FR 49254
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73897
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 4969;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-22/a6819.htm;
Agency Contact: Matthew Boze,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: boze.matthew@epamail.epa.gov
Beth Murray, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: murray.beth@epamail.epa.gov
RIN: 2060-AN16
3103. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES, EMISSION
GUIDELINES FOR EXISTING
SOURCES, AND FEDERAL PLAN:
SMALL MUNICIPAL WASTE
COMBUSTORS: AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sections 111 and
129
CFR Citation: 40 CFR 60 subparts
AAAA and BBBB, 40 CFR 62
Legal Deadline: None
Abstract: This rule would amend the
final (Dec. 2000) small municipal waste
combustors (MWC) new source
performance standards (NSPS),
emission guidelines (EG), and Federal
lll(d) plan. The small MWC rule
regulates owners and operators of small
MWC, which are MWC units with
capacities between 35 tons per day
(tpd) and 250 tpd. The amendments
will not change the response (the types
of emission controls that will be used)
of the facilities to the rule, but will
provide clarification and correction.
Specifically, the amendments will
include: (1) Fixing typographical errors
created by the Office of the Federal
Register; (2) approval of State operator
training programs for MWC operators
in the State of Minnesota (this was
previously done for MWC operators in
the States of Maryland and
Connecticut); (3) addressing carbon
monoxide (CO) emission limits during
MWC malfunctions (this same
provision was already added to large
MWC standards in a previous
rulemaking); (4) revising a CO limit for
one type of MWC and a NOx limit for
another type of MWC; and (5) removing
one voluntary consensus standard,
ASTM D-6522, which is not an
appropriate test method for this
industry. These changes need to be
made to address compliance issues for
this rule.
Timetable:
what data must be reported to EPA.
The proposed rule would resolve these
differences.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4970;
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-7689
Email: shrager.brian@epamail.epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
RIN: 2060-AN17
3104. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51 subpart A
Legal Deadline: None
Abstract: This action seeks to combine
and consolidate air emission reporting
requirements from three regulations.
The three regulations are the Clean Air
Interstate Rule (CAIR), the Consolidated
Emissions Reporting Rule (CERR), and
the NOX SIP Call. Each of these
regulations has associated emissions
reporting requirements. The purpose of
this action is to resolve differences in
the reporting requirements in the three
regulations so that the regulated
community will have a single location
in the Code of Federal Regulations that
details air emission reporting
requirements. For example, the CERR
and the NOX SIP Call use similar but
not identical terminology to describe
Action
Date FR Cite
NPRM 01/03/06 71 FR69
Final Action 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4951;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/January/Day-03/a24614.htm;
EPA Docket information: OAR-2004^
0489
Agency Contact: Dennis Beauregard,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-5512
Fax: 919 541-0684
Email: beauregard.dennis@epa.gov
Doug Solomon, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
3105. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS:
RECONSIDERATION;
OVERWHELMING TRANSPORT
CLASSIFICATION
Priority: Other Significant
Legal Authority: 42 USC 7408; 42 USC
7410; 42 USC 7501 to 751lf; 42 USC
760l(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This rule was issued as a
result of EPA's Reconsideration of the
Phase 1 Rule to Implement the 8-Hour
Ozone NAAQS as requested by
Earthjustice. Specifically, this rule will
address the Overwhelming Transport
Classification. The Phase 1 Rule
provided specific requirements for State
and local air pollution control agencies
and tribes to prepare State
implementation plans (SD?s) and tribal
Implementation Plans (TD?s) under the
-------
73898
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
8-hour National Ambient Air Quality
Standard (NAAQS) for ozone,
published by EPA on July 18, 1997.
The Clean Air Act (CAA) requires EPA
to set ambient air quality standards and
requires States to submit SIPs to
implement those standards. The 1997
standards were challenged in court, but
in February 2001, the Supreme Court
determined that EPA has authority to
implement a revised ozone standard,
but ruled that EPA must reconsider its
implementation plan for moving from
the 1-hour standard to the revised
standard. The Supreme Court identified
conflicts between different parts of the
CAA related to implementation of a
revised NAAQS, provided some
direction to EPA for resolving the
conflicts, and left it to EPA to develop
a reasonable approach for
implementation. Thus, the Phase 1 Rule
addressed the requirements of the CAA
and the Supreme Court's ruling.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/27/06 71 FR 15098
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.4; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/March/Day-27/a2909.htm;
Split from RIN 2060-AJ99.
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
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN26
3106. INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL BOILER AND
PROCESS HEATER NESHAP,
RECONSIDERATION OF EMISSIONS
AVERAGING PROVISION AND
TECHNICAL CORRECTIONS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.7480
Legal Deadline: None
Abstract: On September 13, 2004,
national emission standards for
hazardous air pollutants (NESHAP) for
industrial, commercial and institutional
boilers, and process heaters were
promulgated. Following promulgation,
EPA received a petition for
reconsideration filed by the General
Electric Company. The petitioner claim
that the proposal did not provide
sufficient information on the emission
averaging provision added in the final
rule upon which to provide meaningful
comment. The petitioner requests
reconsideration or clarification that the
rule allows for consolidated testing of
commonly vented boilers. On October
31, 2005, we granted the petition and
proposed a limited number of
amendments to the NESHAP. In
response to the petition, we proposed
an amendment allowing for
consolidated testing of commonly
vented boilers under the emission
averaging provision. In addition, we
proposed amendments and technical
corrections to clarify some applicability
and implementation issues.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/31/05 70 FR 62264
12/15/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4987;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-31/a21531.htm;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gpv
RIN: 2060-AN32
3107. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS-EXCLUSION OF
HFE-7300
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude HFE-7300 from the list of
volatile organic compounds (VOCs) on
the basis that, as a precursor, this
compound makes a negligible
contribution to the formation of
tropospheric ozone. This compound
has potential for use as a refrigerant
because it also is not a stratospheric
ozone depleter. This action will remove
the necessity to control HFE-7300 as a
VOC in State Implementation Plans for
attaining the ozone standard.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
02/09/06
03/16/06
12/00/06
FR Cite
71 FR 6729
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5010;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-09/al800.htm;
Agency Contact: Dave 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
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73899
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: johnson.williaml@epa.gov
RIN: 2060-AN34
3108. TREATMENT OF DATA
INFLUENCED BY EXCEPTIONAL
EVENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 50
Legal Deadline: Other, Statutory,
March 1, 2006, SAFE-TEA requires
EPA publish a NPRM in the FR NLT
3/1/06. Signature by 3/1 will be met
but FR Pub date of 3/1 will not be met.
Abstract: This regulation would codify
EPA policy concerning how to address
air quality data that has been identified
as being affected by exceptional,
natural, or international events. The
rulemaking provides guidance to States,
local, and Tribal air quality agencies on
how to address the air quality and
public health impacts caused by these
types of events. EPA is developing this
rule to better address situations where
data resulting from uncontrollable,
natural, or exceptional events — for
example forest fires, structural fires,
high wind, volcanic or seismic
activities — may require special
consideration. In some cases, it may be
appropriate to exclude data from such
events from regulatory consideration
because they could result in
inappropriate air quality values being
compared with the level of the affected
air quality standard. In other cases it
may be appropriate to retain the data
for comparison with the level of the
affected standard and then allow EPA
time to formulate the appropriate
regulatory response.
Timetable:
Action
Date FR Cite
NPRM 03/10/06 71 FR 12592
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4998;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/March/Day-10/a2179.htm;
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, C-504-02, Research
Triangle Park, NC 27711
Phone: 919 541-0908
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Eric Ginsburg, Environmental
Protection Agency, Air and Radiation,
C-304-02, Research Triangle Park, NC
27711
Phone: 919 541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epa.gov
RIN: 2060-AN40
3109. NESHAP FOR AREA SOURCES:
POLYVINYL CHLORIDE AND
COPOLYMERS PRODUCTION,
PRIMARY COPPER SMELTING,
SECONDARY COPPER SMELTING,
PRIMARY NONFERROUS METALS
(ZINC, CADMIUM, AND BERYLLIUM)
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2006, Court deadline.
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on July 19, 1999, and
listed various area source categories
emitting at least one of the urban HAPs.
EPA eventually listed a total of 70
source categories that collectively
account for at least 90 percent of the
urban HAPs in urban areas. As such,
EPA is required to subject these source
categories to regulations issued under
section 112(d). Furthermore, EPA has
received a court order requiring that the
Agency complete the 112(k) mandate
by certain dates. Specifically, the court
order requires that EPA issue
regulations affecting 4 of these area
source categories by December 15,
2006. This action will satisfy the first
date under this mandate by
consolidating activities into one notice
for the following 4 source categories:
Secondary Copper Production, Primary
Copper Production, Primary Nonferrous
Metals Production, and Polyvinyl
.Chloride and Copolymers Production.
These source categories have been
selected because our information
indicates that one of the following
situations apply: 1) There are no
existing area source facilities in the
source category (secondary copper
production); 2) the sources within the
source, category are already subject to
an existing NESHAP that, applies to
area sources (polyvinyl chloride and
copolymers production); or 3) that tiiere
are only 1-2 sources in the source
category that are well-controlled and
subject to existing regulations and/or
permit conditions (primary copper
production and primary nonferrous
metals production).
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/06/06 71 FR 59302
11/06/06
12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5013
Agency Contact: Bob Schell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-^243-02,
RTP, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN45
3110. PROTECTION OF
STRATOSPHERIC OZONE: 2007
CRITICAL USE EXEMPTIONS FOR
METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: sec 604 of the CAA
CFR Citation: 40 CFR NYD
Legal Deadline: None
Abstract: This rulemaking will
authorize methyl bromide critical use
exemptions for the 2007 calendar year,
which the Agency believes meet the
criteria for the critical use exemptions,
and will also allocate such exemptions.
-------
73900
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/06/06 71 FR 38325
08/07/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5051;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/July/Day-06/a5969.htm; ; EPA
Docket information: EPA-HQ-OAR-
2005-0538
URL For More Information:
www.epa.gov/ozone/mbr
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue, Washington, DC 20460
Phone: 202 343-9321
Fax: 202 565-2079
Email: montoro.marta@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AN54
3111. REQUIREMENTS FOR
REFORMULATED GASOLINE (RFC)
UNDER THE 8-HOUR OZONE
STANDARD FOR BUMP-UP AREAS
DESIGNATED ATTAINMENT FOR THE
1-HOUR OZONE STANDARD PRIOR
TO REVOCATION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Reformulated Gasoline (RFC)
is gasoline blended to reduce emissions
that cause ozone smog. The Clean Air
Act (CAA) requires certain areas to use
RFG, depending on how serious is the
ozone problem—i.e., how far it is from
attaining the National Ambient Air
Quality Standards (NAAQS) for ozone.
In some cases, areas that previously
had a less-serious ozone problem
subsequently experience worse air
quality, and in such cases the Clean
Air Act requires them to be "bumped
up" to a higher category, thereby
requiring RFG use. One complication is
that the Agency is now implementing
the transition from the previous ozone
standard, based on the amount of
pollution measured over a 1-hour
period, to the new ozone standard,
based on an 8-hour period. This rule
would set regulations for such cases.
EPA is inviting comment on two
options for such cases. Under the first
option, an area would be required to
use RFG at least until it is redesignated
to attainment for the 8-hour NAAQS.
This option would rely on an
antibacksliding approach that
emphasizes that the area is still an
ozone nonattainment area
notwithstanding its redesignation to
attainment of the 1-hour NAAQS. EPA
would interpret the Act as requiring
continued use of RFG in the proposal
areas due to their continued status as
ozone nonattainment areas under the 8-
hour NAAQS. An area would remain
an RFG area at least until it is
redesignated to attainment for the 8-
hour NAAQS. Under the second option,
EPA would interpret CAA section
211(k)(10)(D) such that an area would
no longer be considered an RFG area
after redesignation to attainment for the
1-hour NAAQS, jf the State requests
removal of RFG and demonstrates that
removal would not result in loss of
emission reductions relied upon in the
State attainment plan. This option
would allow for removal of the RFG
program for proposal areas during
transition to the 8-hour NAAQS, unlike
the approach adopted for other bump-
up areas. This option would implement
an antibacksliding approach with a
trigger date (date of revocation of the
1-hour NAAQS) that is different from
that otherwise used. EPA recently
redesignated Atlanta to attainment of
the 1-hour NAAQS, prior to revocation
of the 1-hour NAAQS. Thus, Atlanta
is the only bump-up area that would
fall within the scope of this proposal.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
06/23/06
08/22/06
06/00/07
FR Cite
71 FR 36042
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-23/a5620.htm;
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9219
Fax: 202 343-2800
Email: gustafson.kurt@epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-4820
Email: cook.leila@epamail.epa.gov
RIN: 2060-AN63
3112. AMENDMENT TO TIER 2
VEHICLE EMISSION STANDARDS AND
GASOLINE SULFUR REQUIREMENTS:
EXEMPTION FOR U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 325(a)(l)
CFR Citation: 40 CFR 80(H)
Legal Deadline: None
Abstract: This rule would exempt the
three Pacific Island Territories—
American Samoa, Guam, and the
Commonwealth of the Northern
Mariana Islands (CNMI) from the Tier-
2 rule for vehicle emission and gasoline
sulfur requirements. The Governor of
American Samoa petitioned us for an
exemption from the Tier-2 gasoline
sulfur requirement because of the high
cost, the potential for gasoline
shortages, and minimal air quality
benefits to American Samoa. The
Governors of Guam and CNMI also
want the exemption and enforcement
discretion for similar reasons. The Far
East market, primarily Singapore,
supplies gasoline to the Pacific Island
Territories. The Tier-2 sulfur standard
effectively requires the importation of
special product runs, which would
increase the cost and could jeopardize
the security of the gasoline supply to
the Pacific Island Territories. The air
quality in American Samoa, Guam, and
CNMI is generally pristine due to the
wet climate, strong prevailing winds,
and the remoteness. Exempting these
Pacific Island Territories from the
gasoline sulfur standard would have
minimal, if any, impact on air quality.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73901
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5027;
Agency Contact: Alvaro Alvarado,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9473
Email: alvarado.alvaro@epamail.epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-4820
Email: cook.leila@epamail.epa.gov
RIN: 2060-AN66
3113. INTERPRETIVE RULEMAKING
TO CLARIFY THE SCOPE OF
CERTAIN MONITORING
REQUIREMENTS FOR FEDERAL AND
STATE OPERATING PERMITS
PROGRAMS
Priority: Other Significant
Legal Authority: Clean Air Act title V
CFR Citation: 40 CFR 70; 40 CFR 71
Legal Deadline: Final, Judicial, October
27, 2006, Consent Decree deadline.
Abstract: The purpose of this action is
to respond to comments and finalize
an interpretation of certain existing
regulatory language relative to the need
to address the sufficiency of existing
monitoring requirements included in
State and Federal operating permits
programs developed under title V of the
Clean Air Act (Act). Specifically, our
proposed interpretation was that
sections 70.6(c)(l) and 71.6(c)(l) of 40
CFR parts 70 and 71 (previously
referred to as the Umbrella Monitoring
Rule) do not provide a basis for
assessing the adequacy of or adding
monitoring requirements to operating
permits, independent of such
monitoring required under existing
Federal air pollution control rules and
State implementation plan (SIP) rules
(i.e., monitoring required under
applicable requirements), including
monitoring required under the part 64
(the compliance assurance monitoring
or CAM, rule) where it applies, and
such monitoring as may be required to
fill gaps under the separate periodic
monitoring requirements of the
operating permits rules. We also
formally withdrew a September 17,
2002 proposal to revise these
paragraphs in parts 70 and 71. The
final action will implement the
interpretation consistent with our
responses to public comments.
Timetable:
Action Date FR Cite
NPRM
Final Action
06/02/06 71 FR 32006
12/00/06 .
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5044;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-02/a8613.htm;
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-03, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AN74
3114. RENEWABLE FUELS
STANDARD RULE
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register.
RIN: 2060-AN76
3115. PREVENTION OF SIGNIFICANT
DETERIORATION, NONATTAINMENT
NEW SOURCE REVIEW, AND TITLE V:
TREATMENT OF CORN MILLING
FACILITIES UNDER THE "MAJOR
EMITTING FACILITY" DEFINITION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70; 40 CFR 71
Legal Deadline: Other, Statutory,
February 28, 2006, DA committed a
2/28/06 signature on NPRM to Senator
Thune.
Abstract: Given widespread concerns
about our nation's fuel supply and
Congress's recent recognition of the
enormous role that domestically
produced ethanol can play in reducing
our dependence on foreign oil (by
Congress's enactment of the renewable
fuels standard in the Energy Policy Act
of 2005), EPA will examine the
treatment of ethanol production
facilities under the New Source Review
and title V operating permit programs.
Specifically, a source emitting greater
than the major source threshold may
be subject to New Source Review,
operating permits, and other
regulations. A source in one of 27 listed
source categories (including chemical
process plants) has a major source
threshold of 100 tons per year.
Conversely, sources not in the one of
the 27 listed source categories have a
major source threshold of 250 tons per
year. EPA will determine through this
. rulemaking whether ethanol production
facilities were originally intended to be
in the chemical process plants source
category when these categories were
developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/09/06 71 FR 12240
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5049;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AlR/2006/March/Day-09/a2148.htm;
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
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, D243-03,
Research Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-4028
Email: driscoll.tom@epa.gov
RIN: 2060-AN77
-------
73902
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3116. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES AND
NATIONAL EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS:
REVISIONS TO INITIAL
PERFORMANCE TEST PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 DSC 7401 et seq
CFR Citation: 40 CFR 60, 61, 63
Legal Deadline: None
Abstract: The proposed rule will
extend the time period required for
source owners and operators to conduct
initial performance tests in response to
force majeures. A force majeure is
defined as an event caused by
circumstances beyond the control of the
affected facility, its contractors, or any
entity controlled by the affected facility
that results in not meeting the
regulatory requirement to conduct
performance tests within the specified
timeframe despite the affected facility's
best efforts to fulfill the obligation.
Examples of such events are acts of
nature, acts of war or terrorism, or
equipment failure or safety hazard
beyond the control of the affected
facility.
We recognize that there may be
circumstances beyond a source owner's
or operator's control that could cause
a performance test deadline to be
missed and that we must provide a
mechanism for consideration of these
circumstances and granting of
extensions where warranted. Under
current rules, a source owner or
operator who is unable to comply with
testing requirements within the allotted
timeframe due to a force majeure is
regarded as being in violation and
subject to enforcement action. As a
matter of policy, EPA has exercised
enforcement discretion to avoid finding
such sources in violation. However,
because these failures result in
circumstances beyond the control of the
source owner or operator, we believe
that a more reasonable approach is to
provide an opportunity to such owners
and operators to make good faith
demonstrations and obtain extensions
of the performance testing deadline in
appropriate circumstances.
EPA's plans to address this issue were
noted in the final Clean Air Action
National Stack Testing Guidance issued
by EPA on September 30, 2005. The
following footnote was included in this
guidance document. "The Agency
believes that it has the authority under
law to allow extensions and plans to
conduct notice and comment
rulemaking regarding appropriate
circumstances in which an extension of
.initial performance test deadlines may
be allowed by regulation."
Timetable:
Action Date FR Cite
08/09/06 71 FR 45487
11/07/06
NPRM
NPRM Comment
Period End
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5061;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-09/al2966.htm;
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C304-02, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-1039
Email: melton.lula@epa.gov
RIN: 2060-AN84
3117. • FINAL RULE FOR
IMPLEMENTATION OF THE NEW
SOURCE REVIEW (NSR) PROGRAM
FOR PM2.5
Regulatory Plan: This entry is Seq. No.
122 in part II of this issue of the
Federal Register.
RIN: 2060-AN86
3118. • PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action amends prior
action by the Agency-related to the
transition of Article 5 countries to
ozone-depleting substance alternatives.
Currently, Article 5 allowances are
determined as a percentage of total
production allowances assigned to U.S.
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action revises established
Article 5 allowances independently of
total production allowances based on
new data.
Timetable:
Action
Date
FR Cite
08/23/06 71 FR 49395
09/22/06
NPRM
NPRM Comment
Period End
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4697.1; Split from RIN 2060-AK45..
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AN87
3119. • FINAL EXTENSION OF THE
DEFERRED EFFECTIVE DATE OF
NONATTAINMENT DESIGNATIONS
FOR 8-HOUR OZONE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR EARLY ACTION COMPACT
AREAS
Priority: Info./Admin./Other
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: Other, Statutory,
November 15, 2006, Final must be
signed 11/15 to publish NLT 11/30 to
be effective by 12/31/2006 or EAC areas
will become nonattainment.
Abstract: This rule proposes to defer
the effective date of nonattainment
designations for 14 areas of the country
that have entered into Early Action
Compacts (EACs) with EPA until April
15, 2008. These EAC areas have agreed
to reduce ground-level ozone pollution
earlier than the Clean Air Act requires
and to attain the National Ambient Air
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73903
EPA—Clean Air Act (CAA)
Final Rule Stage
Quality Standards (NAAQS) for ozone
by December 31, 2007. This rule will
establish a final deferred effective date
of nonattainment designations of April
15, 2008, for compact areas, or portions
of compact areas, so long as these areas
meet agreed-upon milestones. The
current effective date of nonattainment
designation for these EAC areas has
been deferred until December 31, 2006,
for those communities that continue to
fulfill all compact obligations. This
action must be finalized and published
in the Federal Register by November
30, 2006, or the 14 EAC areas with
deferred nonattainment designations
will automatically loose their deferred
designations and have nonattainment
designations.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/09/06 71 FR 45492
09/08/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4839.5; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-09/al2960.htm;
Split from RIN 2060-AN04. Split from
RIN 2060-AM03. Promulgation of SAN
4839 will include the material formerly
proposed as SAN 4798. SAN 4798 has
been merged into SAN 4839.
Agency Contact: Barbara Driscoll,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, C304-05,
Research Triangle Park, NC 27711
Phone: 919 541-5565
Email: cole.david@epa.gov
RIN: 2060-AN90
3120. • OTHER SOLID WASTE
INCINERATION UNITS: RESPONSE TO
PETITION FOR RECONSIDERATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7509
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, January
15, 2007, Court-Ordered Deadline.
Abstract: Standards of Performance for
New Stationary Sources and Emission
Guidelines for Existing Sources: Other
Solid Waste Incineration Units were
promulgated in 2005 (70 FR 74870,
12/16/05). A petition for
reconsideration of that rule was
received in February of 2006. This
action will constitute EPA's response to
that petition.
Timetable:
Action
Date FR Cite
NPRM 06/28/06 71 FR 36726
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No '
Government Levels Affected: None
Additional Information: SAN No. 5073;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-28/al0095.htm;
EPA Docket information: epa-hq-oar-
2003-0156
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone:919541-2421
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN91
3121. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): REMOVAL OF
VACATED ELEMENTS
Priority: Substantive, Nonsignificant
Legal Authority: parts C and D of title
I of the Clean Air Act
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: The purpose of this
rulemaking is to remove regulatory
language from our NSR rules that was
vacated by the court after promulgation.
Specific elements addressed by this
rulemaking are the: (1) Clean Unit
applicability test and (2) exemption for
Pollution Control Projects (PGP).
Timetable: •
Action Date FR Cite
Final Action
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5077;
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C5 04-03, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epamail.epa.gov
Dave Svendsgaard, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
RIN: 2060-AN92
3122. • RULE INTERPRETING THE
SCOPE OF TITLE V OPERATING
PERMIT MODIFICATIONS WHERE EPA
HAS APPROVED ALTERNATIVE
MONITORING AND TESTING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The purpose of this
rulemaking is to clarify the meaning of
"significant permit modification" (in 40
CFR parts 70 and 71) as it pertains to
an alternative emissions monitoring
and testing request that has been
approved by EPA, and to clarify how
the approved request becomes
incorporated into a title V operating
permit. The EPA routinely receives
requests from industry to approve
alternative monitoring and testing
provisions. The Code of Federal
Regulations (CFR), under sections
60.8(b), 61.13(h), 63.7(f), 51.212(b)(2)
60.13(1), 61.14(g), and 63.8(f),
authorizes EPA to approve an
alternative monitoring or testing
request, provided an adequate
demonstration of equivalency with the
-------
73904
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
required monitoring or testing has been
made. EPA believes that the approved
alternative monitoring or testing
provisions should be incorporated into
the title V operating permit quickly and
without burden to title permitting
authority or the source.
Timetable:
Action
Date FR Cite
Direct Final Action
11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5079;
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D243-03, Research
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-4028
Email: driscoll.tom@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-03, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AN93
3123. • REGULATION OF FUELS AND
FUEL ADDITIVES: UPDATED
VOLATILITY STANDARD FOR
ALASKA ONLY
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule would revise EPA's
gasoline-engine emission regulations to
allow the use of the latest version of
ASTM technical standards for Alaska.
Gasoline-powered engines in Alaska
face special challenges. Extremely cold
winter temperatures increase the risk
that engines using typical gasoline
blends will suffer from difficulty in
cold starting. To address these unique
circumstances, the new ASTM 4814-04
standards for gasoline include special
subclasses for gasoline used in
extremely cold conditions. The new
.parameters enhance vehicle cold start
and warm-up performance by allowing
slightly different volatility
characteristics for gasoline. Current
EPA regulations only allow the use of
the older 1988 version of the ASTM
gasoline standards, which do not
address Alaska's cold climate. This
rulemaking is intended to adopt new
specifications by changing the
"Substantially Similar" definition to
include the new standards in ASTM
4814-04 for Alaska only. This action is
supported by automobile manufacturers
and Alaska refiners.
Timetable:
Timetable:
Action
Date
FR Cite
Direct Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5080;
Agency Contact: Alvaro Alvarado,
Environmental Protection Agency, Air
and Radiation, 6406], Washington, DC
20460
Phone: 202 343-9473
Email: alvarado.alvaro@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9022
Email: kortum. dave@epamail.epa.gov
RIN: 2060-AN94
3124. • STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES AND
EMISSION GUIDELINES FOR
EXISTING SOURCES — OTHER SOLID
WASTE INCINERATION UNITS:
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: 42 USC 7509 CAA 129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This New Source
Performance Standard and Emission
Guideline for Other Solid Waste
Incineration Units was promulgated
December 16, 2005, addressing the
incineration of nonhazardous solid
wastes by very small municipal waste
combustion units and institutional
waste incineration units. The opacity
emission limitation and the timing
requirements for its test were '
incorrectly specified in the
promulgated rule due to a
typographical error. This action will
correct that error.
Action
Date
FR Cite
Direct Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5083;
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN95
3125. • STANDARDS OF
PERFORMANCE FOR NEW
INDUSTRIAL- COMMERCIAL
-INSTITUTIONAL STEAM
GENERATING UNITS: AMENDMENT
FOR FACILITY-SPECIFIC NOX
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 111
CFR Citation: 40 CFR 60.40b
Legal Deadline: None
Abstract: On November 25, 1986, EPA
issued new source performance
standards (NSPS) for Industrial-
Commercial-Institutional Steam
Generating Units (40 CFR part 60,
subpart Db), including standards
limiting nitrogen oxide (NOx)
emissions from industrial boilers. The
standards include provisions for
facility-specific NOx standards for
industrial boilers which simultaneously
combust fossil fuel and gaseous or
liquid chemical byproducts/waste
under certain contains. On December
15, 2005, Innovene USA LLC petitioned
EPA to establish a site-specific NOx
emission limitation for the absorber
offgas incinerator at Innovene's Lima,
Ohio facility. This action will address
the Innovene petition.
Timetable:
Action
Date FR Cite
Direct Final Action
01/00/07
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73905
EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5084;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN96
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3126. 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
09/08/99 64 FR 48725
01/26/00 65 FR 4244
To Be Determined
NPRM
Notice
Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
Formerly listed as RIN 2060-AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
Washington, DC 20460
Phone: 415 947-4106
Fax: 415 947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3127. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA.proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Four Corners
Plant, respectively. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
Reproposal To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569;
NPRM-
http://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
Washington, DC 20460
Phone: 415 947-4106
Fax: 415 947-3579
Email: mcdaniel. doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
3128. 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 ll2(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 (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
-------
73906
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date
FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE95
3129. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 CAA 109
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy—the
Intervention Level Program—was
proposed on January 2,1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 FR 1665). EPA conducted
monitoring to evaluate sources of SO2
peaks and is currently analyzing these
data. The results of this project will
inform the response to the remand.
Timetable:
Action
NPRM NAAQS
Review
NPRM NAAQS
Implementation
Final NAAQS Review
NPRM rev. NAAQS
impl
Notice Resp to
Remand
NPRM
Date FR Cite
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
05/05/98 63 FR 24782
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002;
EPA publication information: NPRM
NAAQS Review-NAAQS Review
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Susan Stone, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-1146
Email; stone.susan@epa.gov
RIN: 2060-AA61
3130. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479,
CAA 160 to 169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21 .
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
ANPRM
NPRM
Final Action
Date FR Cite
05/16/97 62 FR 27158
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No, 3919;
Agency Contact: Barrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
3131. 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
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73907
EPA—Clean Air Act (CAA)
Long-Term Actions
process units used to manufactuie
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 12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27709
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK13
3132. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES-PETITION
TO DELIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has .received a
petition to remove the Gas Turbines
source category from the list of
hazardous air pollutant sources under
section 112(c) of the Clean Air Act. The
Agency must review the petition and
either grant or deny the petition within
12 months of the date the complete
petition is received. If the Agency
grants the petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies the petition, a notice of
denial will be published in the Federal
Register providing an explanation of
the denial.
Timetable:
Action
NPRM-Delisting
NPRM-STAY
Final Action-STAY
Final Action
Date FR Cite
04/07/04 69 FR 18327
04/07/04 69 FR 18338
08/18/04 69 FR 51 184
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
EPA publication information: NPRM-
STAY-
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/April/Day-07/a7775.htm
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-2962
Fax: 919 541-1039
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
3133. 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. That 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 action also proposes to withdraw
the Section 126 Rule in.States that meet
the proposed revised criteria.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/04/03 68 FR 16644
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/April/Day-04/a8152.htm;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AK41
3134. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671,
CAA I76(c)
CFR Citation: 40 CFR 51; 40 CFR 93
-------
73908
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917;
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Washington, DC
20460
Phone: 734 214-4238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3135. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SEP 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
Direct Final Action 12/00/07
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, Ann Arbor, MI
48105
Phone: 734 214-4928
Fax: 734 214^1052
Email:
polovick.buddy@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3136. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations which were published in
the Federal Register on March 29, 2001
(66 FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date FR Cite
Direct Final Action 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No'. 4722;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
John Harmon, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5563
Email: hannon.john@epamail.epa.gov
RIN: 2060-AK56
3137. SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: EPA coordinated the Section
126 Rule with another rule known as
the NOx State implementation plan
(SIP) Call, because both rules addresse
ozone transport in the eastern half of
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73909
EPA—Clean Air Act (CAA)
Long-Term Actions
the United States. EPA established a
mechanism in the Section 126 Rule
whereby the rule would be withdrawn
for sources in a State if the State
submitted, and EPA approved, a SIP
that complied with the NOx SIP Call.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for'the Section 126 Rule and the
NOx SIP Call have been delayed and
the NOx SIP Call has been divided into
two phases. Therefore, in a separate
action, EPA proposed to revise the
Section 126 Rule withdrawal provision
so that it will continue to operate under
these new circumstances. Under that
proposal, where a State submits a NOx
SIP that meets only Phase 1 of the NOx
SIP Call, EPA would need to make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. In this current
action, EPA is proposing that the
Michigan Phase I SIP meets the
proposed revised Section 126 Rule
withdrawal criteria, and therefore, if
EPA finalizes the withdrawal criteria as
proposed, EPA would withdraw the
Section 126 Rule for sources in
Michigan.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AL83
3138. LIFTING THE STAY OF THE
8-HOUR PORTION OF THE FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT ("NOX SIP CALL")
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245),
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR sec 51.121(a)(2), related to the 8-
hour ozone National Ambient Air
Quality Standards (NAAQS). This
action does not create any new
requirements; it merely reinstitutes a
requirement of the NOx SIP Call that
had previously been stayed.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AL84
3139. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE THE
TWO-PIECE CAN SUBCATEGORY
FROM THE CLEAN AIR ACT
HAZARDOUS AIR POLLUTANT
SOURCE CATEGORY LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the 2-piece Can
subcategory from the Metal Can Surface
Coating source category, which is on
the list of hazardous air pollutant
source categories under section 112(c)
of the Clean Air Act. The Agency must
review the petition and either grant or
deny the petition within 12 months of
the date the complete petition is
received. If the Agency grants the
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies the petition, a notice of
denial will be published in the Federal
Register providing an explanation of
the denial. The Can Manufacturers
Association submitted the petition on
November 4, 1996, and provided
additional materials through April 4,
1999. At that time we determined the
petition was complete. Because of the
delisting of the HAP ethylene glycol
butyl ether, there are not expected to
be any sources in the subcategory.
Consequently, there would be no
sources subject to standards under
section H2(d) or (f) of the Clean Air
Act. EPA has notified the petitioner
that there appears to be no benefit to
delisting the subcategory, and the
petitioner has tentatively agreed.
However, since EPA has not received
a notification of withdrawal of the
petition, EPA continues to consider this
an active rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
-------
73910
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4799;
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL86
3140. NESHAP & NSPS FOR
MUNICIPAL SOLID WASTE
LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of ihe promulgated rule. We will
correct errors in the compliance dates
for the rule.
Another aspect of this action will
amend the existing regulation entitled
Standards of Performance for New
Stationary Sources: Municipal Solid
Waste Landfills, subpart WWW of 40
CFR 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
NPRM
NPRM Comment
Period End
Final Action
09/08/06 71 FR 53272
11/07/06
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 4846;
NPRM was published September 8,
2006 (71 FR 53272) as RIN 2060-AJ41
and RIN 2060-AH13.
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
Related RIN: Previously reported as
2060-AH13, Previously reported as
2060-AJ41
RIN: 2060-AM08
3141. NESHAP: AREA SOURCE
STANDARDS—GLASS
MANUFACTURING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: The Clean Air Act (42
USC 7401 to 7626)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Final, Judicial, December 15, 2008.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. This
component includes the development
of maximum achievable control
technology (MACT) standards and
generally available control technology
(GACT) standards under section 112(d),
the area source program developed
under section 112(k), residual risk
standards under 112(f), and other
standards to regulate emissions of air
toxics from specific sources. The
section 112(k) area source strategy
addresses area source contributions of
air toxic substances. With the
finalization of the Integrated Urban Air
Toxics Strategy in July of 1999, the
EPA introduced and outlined its "risk
based" air toxics program, which
includes both regulatory and non- .
regulatory programs and actions.
Section 112(k) requires the
development of standards for area
sources which account for 90 percent
of the emissions in urban areas of the
33 urban hazardous air pollutants
(HAP) listed in the Integrated Urban
Air Toxics Strategy. The Integrated
Urban Air Toxics Strategy lists the
goals of the EPA's air toxics program,
which are as follows: (1) Reduce the
incidence of cancer attributable to
exposure to hazardous air pollutants by
75 percent nationally; (2) reduce
national non-cancer risks substantially;
and (3) address risks which are
disproportionately posed on specific
sub-populations and geographic areas.
In order to accomplish these goals, the
EPA has integrated its air toxics
program into four components. The
first component is source specific
regulatory programs. These area source
standards can require control levels
which are equivalent to either MACT
or GACT, as defined in section 112.
The processes involved in glass
manufacturing include raw material
storage, handling and mixing, high
temperature (usually furnace) melting,
forming, coating, and other processes
specific to particular products. The
hazardous air pollutants (HAP) emitted
from glass manufacturing includes lead,
arsenic, mercury, cobalt, nickel,
chromium, hydrogen fluoride,
hydrochloric acid, glycol ethers, methyl
ethyl ketone, xylene, 1,2,4-trimethyl
benzene, n-butyl alcohol, toluene,
methyl isobutyl ketone, m-xylene, 1,1-
dichloro-1-fluoroethane, methanol,
selenium, styrene, sec-butyl alcohol,
manganese, antimony, barium, chlorine,
phenol and formaldehyde. In 1986,
EPA promulgated the NESHAP for
Inorganic Arsenic Emissions From
Glass Manufacturing Plants. Since that
time, EPA has re-evaluated both the
carcinogenicity assessment (April 10,
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73911
EPA—Clean Air Act (CAA)
Long-Term Actions
1998) and the oral RfD assessment
(February 1, 1993) for arsenic. In
reference to the regulations addressing
area sources, section 112(c)(3) states,
"such regulations shall be promulgated
not later than 10 years after such date
of enactment" (CAA). Approximately
150 facilities currently operate in the
United States producing containers, flat
glass, industrial glass fiber and
specialty glass. The specialty glass
subcategory-includes lighting, lead
crystal, art glass, opthalmic lenses,
tableware, optical glass fiber, and
technical glass components and
products. Two small businesses exist in
the source category, both of which
manufacture containers. It is unknown
at this time whether these facilities will
be affected by the rule (i.e., whether
they use toxic raw materials in the
furnace or coatings processes). Glass
manufacturers use toxic raw materials
in the furnace or in coating operations
to impart specific properties to the final
product. About 1500 tons per year of
HAP are released into the ambient air
by glass manufacturing plants. Toxic
emission sources include raw material
storage, furnace and melting operations,
and coating processes. Air pollution
control devices are generally available
for toxic emission points within the
glass manufacturing industry. It is
anticipated at this time that glass
manufacturers not using toxics would
not be subject to.the rule.
Timetable:
Action
Date FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4873
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, D-243-02, RTF , NC
27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM12
3142. NESHAP: AREA SOURCE
STANDARDS—INDUSTRIAL
INORGANIC CHEMICALS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from the industrial inorganic
chemicals manufacturing industry. This
source category was listed for
regulation under the Urban Air Toxic
Strategy to address HAP emissions from
area sources.
Timetable:
Action
Date
FR Cite
NPRM 11/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874;
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, D-243-02, RTF, NC
27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM19
3143. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
originally, submitted the petition in
April of 1997. EPA suspended review
of the petition pending the completion
of 2-generation reproductive effects
study. That study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: The results of the 2-
generation reproductive effects study; a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling, and an analysis of potential
transformation products. Based on this
new submission, the ACC requested
that EPA reopen its review of the MIBK.
petition. EPA did reopen its review of
the petition. However, since the last
su'bmittal by the petitioner, a 2-year
MIBK bioassay by the National
Toxicology Program (NTP) has been
completed. A draft report of this study
was reviewed by the NTP Board of
Scientific Counselors Technical Reports
Review Subcommittee, which accepted
unanimously the conclusions in the
report that there is some evidence of
carcinogenic activity of MIBK. EPA has
notified the petitioner that further
review of the petition will require that
the petitioner submit information
regarding the relevance of the NTP
study and a risk characterization for the
human risk of cancer from MIBK
exposures, which would include the
derivation of a cancer unit risk
estimate. Given the significant time dial
will be necessary to prepare and submit
this information, we are considering the
MIBK petition review a long-term
action.
Timetable:
Action
Date
FR Cite
Notice 07/19/04 69 FR 42954
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AM20
3144. STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: Not Yet Determined
-------
73912
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: This notice describes a
strategy for addressing air emissions
from animal feeding operations (AFOs).
In this notice, we summarize the public
concerns that have been raised about
emissions from AFOs and explain the
substantial scientific uncertainties
pertaining to emission levels, public
health and welfare effects, and
emission control techniques for this
industry. Resolving all the uncertainties
will require substantial time and
research. Nevertheless, some cost
effective management practices for
reducing emissions are available today,
and the use of these practices will
mitigate some of the adverse effects of
these emissions. Early public input on
a set of goals for an emission control
program for AFOs and on an intended
regulatory approach to begin reducing
AFO emissions and solving some of the
environmental problems based on
information that is available today.
Timetable:
Action
Date FR Cite
NPRM
05/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4865;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Email: schrock.bill@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM26
3145. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. Both iron foundries and
steel foundries were listed as high
priority source categories via a toxicity-
weighting analysis. Extensive data
gathering and analyses were performed
during the development of MACT
standards for major iron and steel
foundries in 1998. Although primarily
a 1998 snapshot of the industry, this
database was continually updated with
new information regarding plant
closures and new control equipment
installation throughout the major
source rule development. Consequently,
this database includes the most recent
data for substantial number of area
source foundries, and forms the
foundation of the environmental and
economic impact analysis for area
source iron and steel foundries. We
intend to consider both MACT and
GACT as control options for regulated
emission sources. Several HAPs have
been identified that may be present in
air emissions in significant enough
quantities to be of concern. The metal
HAPs emitted from melting furnaces
include cadmium, chromium, lead,
manganese, and nickel. Aromatic
organic HAPs .produced by mold- and
core-making lines, melting furnaces,
and pouring, cooling and shakeout
(PCS) lines contain acetophenone,
benzene, cumene, dibenzofurans,
dioxins, naphthalene, phenol, pyrene,
toluene, and xylene. The nonaromatic
organic HAPs emitted are
formaldehyde, methanol, and
triethylamine. There are approximately
300 area source iron, foundries in the
United States, with about 70 percent
being small businesses. We estimate
that 60 percent of the area source iron
foundries have production under
10,000 tons per year. There are
approximately 200 area source steel
foundries in the United States, with
about 70 percent being small
businesses. We estimate that 80 percent
of the area source steel foundries have
production under 10,000 tons per year.
A preliminary analytical blueprint was
prepared in November 2004.
Timetable:
Action
Date
FR Cite
NPRM 01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4879;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air .and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
3146. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. The Integrated Urban Air
Toxics Strategy lists plating and
polishing as an area source category.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73913
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
04/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4886;
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, MD-D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax:'919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
3147. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR);
MAINTENANCE AND REPAIR
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This rulemaking is a follow-
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR 51, 40 CFR 52).
SAN 4676's final action—referred to as
the "equipment replacement provision"
(ERP)—was promulgated in the Federal
Register on 10/27/03 (68 FR 61248).
The action summarized here, SAN
4676.3, when finalized, will establish
a regulatory definition for maintenance
and repair activities (that are not
equipment replacements) that qualify
for the RMRR Exclusion from Major
NSR. We previously proposed options
for this SAN in our RMRR proposal on
12/31/02 (67 FR 80920). However, this
action will propose and take comments
on an additional approach.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No.
4676.3; EPA publication information:
NPRM-Publication date is projected;
Split from RIN 2060-AK28
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
David Painter, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epamail.epa.gov
RIN: 2060-AM62
3148. AREA SOURCE NESHAP FOR
SECONDARY NONFERROUS METALS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. The secondary nonferrous
metals source category includes
establishments primarily engaged in
recovering nonferrous metals and alloys
from new and used scrap and dross or
in producing alloys from purchased
refined metals. This industry includes
establishments engaged in both the
recovery and alloying of precious .
metals. Plants engaged in the recovery
of tin through secondary smelting and
refining, as well as by chemical
processes, are included in this industry.
Secondary refining and smelting
produces metals from scrap and process
waste. Scrap is bits and pieces of metal
parts, bars, turnings, sheets, and wire
that are off-specification or worn-out
but are capable of being recycled. Two
metal recovery technologies are
generally used to produce refined
metals. Pyrometallurgical technologies
are processes that use heat to separate
desired metals from other less or
undesirable materials, while
hydrometallurgical technologies the
desired metals are separated from
undesirables using techniques that
capitalize on differences between
constituent solubilities and/or
electrochemical properties while in
aqueous solutions. The secondary
nonferrous metals source category is
listed to address some of the urban
metal HAP's like lead and chromium
compounds in addition to arsenic.
Timetable:
Action
Date
FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4888
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, NC
27711
Phone: 919 541-5308
Fax: 919 541-1039
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
3149. STANDARDS OF
PERFORMANCE FOR STATIONARY
SPARK IGNITED INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 111
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, May
23, 2006, Court-ordered deadline.
Final, Judicial, December 20, 2007,
Court-ordered deadline.
-------
73914
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion spark ignited
engines. This includes two stroke lean
burn (2SLB) engines, four stroke lean
burn (4SLB) engines, and four stroke
rich burn (4SRB) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a litigated schedule to propose
by May 2006 and to promulgate by
December 2007. Information gathering
began in early April 2004 and will
result in the development of regulatory
packages to propose and promulgate an
NSPS standard.
Timetable:
Action
Date FR Cite
NPRM 06/12/06 71 FR 33804
Final Action 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4915;
EPA publication information: NPRM -
http: //www. epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-12/a4919.htm;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AM81
3150. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: POLYVINYL CHLORIDE
AND COPOLYMERS PRODUCTION,
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210-17
Legal Deadline: None
Abstract: This action would amend the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958), and
originally promulgated on July 10, 2002
(67 FR 45886), but were vacated by the
D.C. Circuit on June 18, 2004, in
Mossville Environmental Action v.
EPA, 370 F.3d 1232 (D.C. Cir. 2004).
This action assures continuity of the
parts of the standard that were upheld
by the court, and addresses the
component of these standards,
regarding the use of vinyl chloride as
a surrogate for all other HAP, that was
not upheld by the court.
Timetable:
Action
Date FR Cite
NPRM 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
; EPA Docket information: OAR-2002-
0037
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27709
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN33
3151. OPTIONAL CHASSIS
CERTIFICATION FOR DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601(a)
CFR Citation: 40 CFR 86.1863-07
Legal Deadline: None
Abstract: Prior to the heavy-duty 2007
rulemaking (HD 2007), we have
required that crankcase emissions be
controlled only on naturally aspirated
diesel engines. We made an exception
for turbocharged heavy-duty diesel
engines in the past because of concerns
regarding fouling that could occur from
diesel PM and engine oil, which are
included in the crankcase emissions,
when routing the crankcase blow-by
into the turbocharger and aftercooler.
However, this was an environmentally
significant exception since most heavy-
duty diesel trucks use turbocharged
engines, and a single engine can emit
over 100 pounds of NOx, NMHC, and
PM from the crankcase over its lifetime.
Therefore, given the availability of
technologies to control crankcase
emissions and the significant
environmental benefit for eliminating
those emissions, we are proposing new
requirements for crankcase emissions in
the HD 2007 rulemaking. Those
provisions require that heavy-duty
diesel engines either close the
crankcase or account for any crankcase
emissions within the total compliance
limits of the tailpipe emissions
standard. This requirement had the
unintended consequence of confusing
which crankcase provisions should
apply to these heavy-duty diesel
engines, those of subpart S or the
newly defined diesel provisions of. It
was our intention that these vehicles
meet the newly defined requirements
of closed crankcase provisions just as
other heavy-duty diesel engines must.
Therefore, we are finalizing a change
to the HD 2007 that explicitly defines
the crankcase provisions applicable for
heavy-duty chassis certified diesel
engines under 14,000 pounds as those
provisions defined under 40 CFR
section 86.007-11. There are no
environmental impacts. This represents
a cost savings to the manufacturers of
highway heavy-duty diesel engines.
Timetable:
Action
Date
FR Cite
Direct Final Action 01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4993;
Agency Contact: Zuimdie Guerra,
Environmental Protection Agency, Air
and Radiation, AAHDOC, Ann Arbor,
MI 48105
Phone: 734 214-4387
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73915
EPA—Clean Air Act (CAA)
Long-Term Actions
Email: guerra.zuimdie@epamail.epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
AAHDOC, Ann Arbor, MI 48105
Phone: 734 214-4824
Email:
jackson.cleophas@epamail.epa.gov
RIN: 2060-AN39
3152. NOTICE FOR INFORMATION ON
DETERMINING THE EMISSIONS
REDUCTIONS ACHIEVED FROM
LIMITING THE VOC CONTENT OF
ARCHITECTURAL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: CAAA section 110
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action is a Proposed
Rulemaking (PRM) to discuss and take
comment on approaches for calculating
emission reductions from the national
architectural and Industrial
maintenance (AIM) coating rule and
other architectural rules. Review of the
comments received could result in a
rule or policy guidance on calculation
methodology. Conference calls have
been initiated in order that EPA
proceed to move forward with drafting
an NPRM due to interest from both
States and the regulated community.
Timetable:
Action
ANPRM
Comment Period
Extended
Second Comment
Period Extended
NPRM
Date FR Cite
08/31/05 70 FR 51 694
10/13/05 70 FR 59680
12/20/05 70 FR 75439
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5009;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-31/al7357.htm;
Agency Contact: Dave 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
Marcia Spink, Environmental
Protection Agency, Air and Radiation,
3AP20, Philadelphia, PA 19103-2029
Phone: 215 814-2104
Fax: 215 814-2124
Email: spink.marcia@epa.gov
RIN: 2060-AN42
3153. NESHAP:
ACRYLIC/MODACRYLIC FIBERS,
CHEMICAL MANUFACTURING:
CHROMIUM COMPOUNDS, FLEXIBLE
FOAM FABRICATION AND FOAM
PRODUCTION, CARBON BLACK
PRODUCTION, LEAD ACID BATTERY
MANUFACTURING, WOOD
PRESERVING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was. published on July 19, 1999, and
listed various area source categories
emitting at least one of the urban HAPs.
EPA eventually listed a total of 70
source categories that collectively
account for at least 90 percent of the
urban HAPs in urban areas. As such,
EPA is required to subject these source
categories to regulations issued under
section 112(d). Furthermore, EPA has
received a court order requiring that the
Agency complete the 112(k) mandate
by certain dates. Specifically, the court
order requires that EPA issue
regulations affecting six of these area
source categories by June 15, 2007. This
action will satisfy the second date
under this mandate by consolidating
activities into one notice for the
following seven source categories:
Acrylic Fibers/Modacrylic Fibers
Production, Chemical Manufacturing:
Chromium Compounds, Flexible
Polyurethane Foam Fabrication
Operations, Flexible Polyurethane
Foam Production, Carbon Black
Production, Lead Acid Battery
Manufacturing, and Wood Preserving.
These source categories have been
selected because our information
indicates that one of the following
situations apply: 1) There are only 1-
2 sources in the source category that
are well-controlled and subject to
existing regulations and/or permit
conditions (Acrylic/Modacrylic Fibers,
Chemical Manufacturing: Chromium
Chemicals, Carbon Black Production);
2) the urban HAPs emitted from the
source category have been eliminated
as a result of other regulatory programs
(e.g., OSHA) (Flexible Foam
Production, Flexible Foam
Manufacturing, Wood Preserving); and
3) all existing sources within the source
category can meet current requirements
(e.g., NSPS) that apply to new sources
(Lead Acid Battery Manufacturing).
Timetable:
Action
Date FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5012;
Agency Contact: Bob Schell,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN44
3154. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations industry. This
-------
73916
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5015;
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone:919541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN46
3155. NESHAP: AREA SOURCE
STANDARDS—PAINT AND ALLIED
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
Paint and Allied Products industry.
This source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action Date FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016;
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539-03, RTP, NC
27709
Phone: 919 541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, RTP, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN47
3156. NESHAP: AREA SOURCE
STANDARDS—RECIPROCATING
INTERNAL COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006, Consent Decree.
Final, Judicial, December 20, 2007,
Consent Decree.
Abstract: We are under a consent
decree to propose area-source emission
standards for hazardous air pollutants
(HAP) from stationary reciprocating
internal combustion engines. This
action will propose standards for
stationary engines smaller than 500
horsepower located at major sources of
HAP. In addition we intend to propose
standards for stationary engines of all
sizes located at area sources of HAP.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/12/06 71 FR 33804
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5014;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-12/a4919.htm;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN62
3157. • NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(c)(6) of the Clean
Air Act requires us to list categories
of sources for 7 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 9 plants in 8
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.
Periodically, mercury cell chlor-alkali
plants must replace mercury in the
cells. Since mercury is not consumed
by the process, this mercury leaves the
plant site in products, wastes, or
through the air. However, mercury cell
plants are not able to account for a
considerable amount of the mercury
that must be replaced. As cited in the
preamble to the final rule, there were
around 65 tons of mercury unaccounted
for in 2000 (68 FR 70920). However,
in 2003 only around 35 tons or mercury
were unaccounted from mercury cell
plants. Since the amount of mercury in
products, and wastes, and mercury
emitted to the air through stacks is not
well quantified, NRDC maintains that
all this "missing" mercury is emitted
via fugitive emissions from the cell
rooms. NRDC submitted a petition for
reconsideration requesting EPA to more
accurately quantify the emissions of
mercury from this industry. In response
to NRDC's petition, the EPA is
initiating a testing and monitoring
study to evaluate and better
characterize fugitive emissions from
mercury cell chlor-alkali plants. The
results of this study will improve EPA's
ability to measure and predict mercury
emissions from chlor-alkali plants. •
Timetable:
Action
Date
FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: No
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73917
EPA—Clean Air Act (CAA)
Long-Term Actions
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5095;
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, NC
27711
Phone: 919 541-5308
Fax: 919 541-1039
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D-243-02,
RTF, NC 27711
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN99
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3158. NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Ken Hustvedt
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK68
3159. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 50
Completed:
Reason
Date
FR Cite
Final Action 10/17/06 71 FR 61144
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Beth Hassett-Sipple
Phone: 919 541-4605
Fax: 919 541-0237
Email: hassett-sipple.beth@epa.gov
Karen Martin
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AI44
3160. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Final Action 09/21/06 71 FR 55119
Final Action Effective 09/21/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Foston Curtis
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF83
3161. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR 51 METHOD
FOR MEASURING ISOCYANATES IN
STATIONARY SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
NPRM
Withdrawn
12/08/97 62 FR 64532
08/08/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Gary McAlister
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Conniesue Oldham
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AG88
3162. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM 10/10/03 68 FR 58838
Final Action 05/15/06 71 FR 28082
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Foston Curtis
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
3163. NESHAP: PRINTING AND
PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Final Action 05/24/06 71 FR 29792
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Dave Salman
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
-------
73918 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Elaine Manning
Phone: 919 541-5499
Fax: 919 541-5600
Email: manning.elaine@epa.gov
RIN: 2060-AI66
3164. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
PR Cite
Withdrawn-Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Mohamed Seiageldin
Phone: 919 541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK08
3165. NESHAP: ETHYLENE OXIDE
FOR STERILIZATION
FACILITIES-RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/24/05 70 FR 61404
05/07/06 71 FR 17712
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: David Markwordt
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt. david@epamail. epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK09
3166. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK AND MACT STANDARDS
REVIEW
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/10/05 70 FR 46452
04/06/06 71 FR 17352
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK10
3167. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/24/05 70 FR 61411
04/07/06 71 FR 17729
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919 541-5289
Fax: 919 541-1039
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
3168. NESHAP: NATIONAL EMISSION
STANDARDS FOR MARINE TANK
VESSEL LOADING
OPERATIONS-RESIDUAL RISK
STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Markwordt
Phone: 919 541-0837
Fax:919 541-0246
Email:
markwordt.david@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK17
3169. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Notice to Extend
Comment Period
Final Action
12/21/05 70 FR 75884
02/06/06 71 FR 6030
07/27/06 71 FR 42724
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK18
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73919
EPA—Clean Air Act (CAA)
Completed Actions
3170. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Iliam Rosario
Phone: 919 541-5308
Fax: 919 541-1039
Email: rosario.iliam@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
3171. NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING-
RESIDUAL RISK STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn-Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mohamed Serageldin
Phone: 919 541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK20
3172. NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS-
RESIDUAL RISK STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Reason
Date
FR Cite
Merged with RIN 09/18/06
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Dail
Phone: 919 541-2363
Email: dail.lynn@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamailepa.gov
RIN: 2060-AK21
3173. NESHAP: MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM 10/24/05 70 FR 61417
Final Action 04/07/06 71 FR 17720
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Dail
Phone: 919 541-2363
Email: dail.lynn@epamail.epa.gov
Elaine Manning
Phone: 919 541-5499
Fax: 919 541-5600
Email: man,ning.elaine@epa.gov
RIN: 2060-AK23
3174. NESHAP: PRINTING AND
PUBLISHING INDUSTRY—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dave Salman
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK24
3175. NESHAP: PETROLEUM
REFINERIES—RESIDUAL RISK
STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Lucas
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK25
3176. NATIONAL EMISSION
STANDARDS FOR CHROMIUM
EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM
ELECTROPLATING AND CHROMIUM
ANODIZING TANKS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
-------
73920
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: Federal,
State
Agency Contact: Phil Mulrine
Phone: 919 541-5289
Fax: 919 541-1039
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: firuh.steve@epamail.epa.gov
RIN: 2060-AK72
3177. NESHAP: GROUP I POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Merged with RIN 09/18/06
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK12
3178. NESHAP: GROUP IV POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Merged With RIN 09/15/06
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AK15
3179. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7) (COMPLETION OF A
SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: In the October 2005
Regulatory Agenda, EPA stated that it
would perform a review of the
Accidental Release Prevention
Requirements Rule per section 610 of
the Regulatory Flexibility Act. No
comments were received. EPA is now
announcing the completion of that
review. EPA has concluded that this
rule should remain in effect without
modification.
BACKGROUND: EPA promulgated the
Accidental Release Prevention
Requirements on June 20, 1996 (61 FR
31668), which apply to all stationary
sources with process(es) that contain
more than a threshold quantity of a
regulated substance. Processes are
divided into three categories: The
potential for offsite consequences
associated with a worst-case accidental
release; accident history; or compliance
with the prevention requirements under
OSHA's Process Safety Management
(PSM] regulations. Processes that have
no potential impact on the public in
the case of an accidental release have
minimal requirements. For other
processes, sources must implement a
risk management program that includes
more detailed requirements for hazard
assessment, prevention, and emergency
response. Processes in industry
categories with a history of accidental
releases and processes already
complying with OSHA's PSM are
subject to prevention program
requirements that are almost identical
to elements of the OSHA standard. All
other processes are subject to
streamlined prevention requirements.
All sources must prepare a risk
management plan (RMP) based oh the
risk management programs established
at the source. The sources submit the
plan to EPA. The first submission of
RMPs was due on June 20, 1999, with
updates due on June 20, 2004. Some
sources re-submitted their plans or
revised their plans after the first
submission. Approximately 15,000
sources are subject to the accidental
release prevention regulations.
Based on the regulatory flexibility
analysis for the 1993 proposal, EPA
concluded that the rule would create
a severe, adverse impact on small
entities. In February 1995, EPA
published a supplemental proposal to
introduce a tiering approach for this
regulation. By using the tiering
approach and streamlining
requirements for some of the regulated
entities, the 1996 final rule resulted in
significantly reduced impacts on small
businesses. Entities with complex
processes follow more rigorous
requirements and those with simple
processes follow streamlined
requirements.
To further reduce the burden on
covered facilities, including small
business, EPA developed: (1) Industry-
specific guidance for small, non-
chemical sector businesses (i.e., water
treatment facilities, ammonia
refrigeration, propane
retailers/distributors). These documents
help facilities develop their risk
management programs and RMPs; (2)
an electronic program, RMP*Submit, to
facilitate the submissions, which
incorporated more user friendly
features and help menus to assist
facilities, particularly those small- and
medium-sized facilities with less
expertise; and (3) a web-based tool to
facilitate the reporting of those
administrative changes required by the
regulation to be updated with more
frequency.
EPA amended the regulations which
further reduced burden on small
entities. On March 13, 2000, EPA
modified the regulations to conform to
the fuels provisions of the Chemical
Safety Information, Site Security and
Fuels Regulatory Relief Act. The rule
was revised to exclude flammable
substances when used as a fuel or held
for sale as a fuel at a retail facility.
This reduced burden on many small-
to medium-sized facilities, particularly
farms. On April 9, 2004, EPA revised
the regulations to remove the regulatory
requirement for covered facilities to
include in the executive summaries of
their RMPs a brief description of the
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73921
EPA—Clean Air Act (CAA)
Completed Actions
off-site consequence analysis for their
facilities.
EPA has a Hotline; a Reporting Center
public access number for questions on
RMP*Submit and RMP web-based
reporting tools; a web-site; and a
frequently asked questions database.
Timetable:
Action
Date
FR Cite
Begin Review 10/01/05
End Comment Period 01/02/06
End Review 04/01/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5018;
EPA Docket information; OAR-2005-
0166
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
Vanessa Rodriguez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG26
3180. • NESHAP: NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
STANDARDS FOR HAZARDOUS
WASTE COMBUSTORS (REVISING
THE EFFECTIVE DATE OF THE
PARTICULATE MATTER STANDARD
AMENDMENT)
Priority: Other Significant
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63 (revised)
Legal Deadline: None
Abstract: EPA is amending the
effective date of the standard for
particulate matter for new cement kilns
that burn hazardous waste while EPA
reconsiders this provision in response
to a petition for reconsideration that
was submitted to the EPA
Administrator. EPA promulgated this
standard as part of the national
emissions standards for hazardous air
pollutants for hazardous waste
combustors that were issued on October
12, 2005. EPA has agreed to reconsider
the provision and proposed to change
it on March 23, 2006. This amendment
of the October 2005 rule changes the
provision's effective date so that the
provision will not take effect until EPA
takes final action on this proposal. This
amendment does not affect other
standards applicable to new or existing
hazardous waste burning cement kilns.
Timetable:
Action
Date FR Cite
Final Action 10/25/06 71 FR 62388
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No.
5047.2; Split from RIN 2050-AG29.;
EPA Docket information: EPA-HQ-OAR-
2004-0022
URL For More Information:
http://www.epa.gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG33
3181. AMBIENT AIR QUALITY
MONITORING REGULATIONS:
REVISIONS
Priority: Other Significant
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Completed:
Reason
Date
FR Cite
Final Action 10/17/06 71 FR 61236
Final Action Effective 12/18/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Tim Hanley
Phone: 919 541-4417
Fax: 919 541-1039
Email: hanley.tim@epamail.epa.gov
Lewis Weinstock
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
RIN: 2060-AJ25
3182. CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE
LOW-SULFUR HIGHWAY DIESEL
FUEL TRANSITION PROGRAM FOR
ALASKA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 69 and 80
(Revision)
Completed:
Reason
Date
FR Cite
NPRM 10/13/05 70 FR 59691
Final Action 06/06/06 71 FR 32450
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Korotney
Phone: 734 214-4507
Email: korotneydavid@epamail.epa.gov
Paul Machiele
Phone: 734 214-4264
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AJ72
3183. PROTECTION OF
STRATOSPHERIC OZONE: VARIOUS
MINOR AMENDMENTS TO THE
REGULATIONS IMPLEMENTING THE
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT, AND EXPORT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82 (Revision)
Completed:
Reason
Date FR Cite
07/20/06 71 FR 41192
07/20/06 71 FR41163
NPRM
Direct Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Cindy Newberg
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
-------
73922
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Ross Brennan
Phone: 202 343-9226
Fax:202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AL90
3184. NESHAP: FERROALLOYS
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn-Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Margaret Sieffert
Phone: 312 353-1151
Email:
sieffert.margaret@epamail. epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AL93
3185. MINERAL WOOL PRODUCTION
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1175 to
63.1199
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Fairchild
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AL96
3186. 5-YEAR REVIEW OF MACT
STANDARDS FOR LARGE MWC
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
12/19/05 70 FR 75348
05/10/06 71 FR 27324
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Walt Stevenson
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
Brian Shrager
Phone: 919 541-7689
Fax: 919 541-7689
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AL97
3187. NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AL99
3188. NESHAP: PHARMACEUTICALS
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AMOO
3189. NESHAP: AREA SOURCE
STANDARDS—PAINT STRIPPING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN 10/10/07
2060-AN21.SAN
4978
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM07
3190. NESHAP: AREA SOURCE
STANDARDS—ACRYLIC/
MODACRYLIC FIBER (AMF)
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73923
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Merged With RIN 10/10/07
2060-AN44, SAN
5012
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM13
3191. PROTECTION OF
STRATOSPHERIC OZONE:
RESTRICTION ON THE SALES OF
PRE-CHARGED SPLIT SYSTEMS
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 08/08/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Jabeen Akhtar
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM15 '
3192. NESHAP: OIL AND NATURAL
GAS PRODUCTION RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.760 to 63.779
Completed:
Reason
Date
FR Cite
Withdrawn - Merged 09/15/06
into RIN
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM18
3193. AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEW 8-HOUR OZONE
STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
NPRM
Final Action
01/06/05 70 FR 1314
04/07/06 71 FR 17705
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Dave Sosnowski
Phone: 734 214-4823
Email:
sosnowski.dave@epamail.epa.gov
Joe Pedelty
Phone: 734 214-4410
Email: pedelty.joe@epamail.epa.gov
RIN: 2060-AM21
3194. NESHAP: TOTAL FACILITY LOW
RISK DETERMINATION (TFLRD) FOR
RESIDUAL RISK
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 09/01/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Scott Jenkins
Phone: 919 541-1167
Fax: 919 541-0840
Email: jenkins.scott@epamail.epa.gov
David Guinnup
Phone: 919 541-5368
Email: guinnup.david@epa.gov
RIN: 2060-AM22
3195. FIRE SUPPRESSION AND
EXPLOSION PROTECTION LISTING
UNDER SNAP
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed: •
Reason
Date
FR Cite
NPRM 09/27/06 71 FR 56422
Direct Final Action 09/27/06 71 FR 56360
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bella Maranion
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Karen Thundiyil
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AM24
3196. NESHAP: HYDROCHLORIC ACID
PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 [revision)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/24/05 70 FR 49530
04/07/06 71 FR 17738
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
Robert J. Wayland
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM25
-------
73924
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3197. REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Withdrawn (Merged 09/28/06
With SAN 4930)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Chris McKenna
Phone: 202 343-9037
Fax: 202 343-2801
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
3198. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
AMENDMENTS TO EVAPORATIVE
EMISSIONS REGULATIONS AND
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 9; 40 CFR 86
Completed:
Reason
Date
FR Cite
Direct Final Action 12/08/05 70 FR 72917
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Julia Rege
Phone: 734 214-4614
Email: rege.julia@epamail.epa.gov
Lynn Sohacki
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
3199. PREVENTION OF SIGNIFICANT
DETERIORATION FOR NITROGEN
OXIDES
Priority: Other Significant
CFR Citation: 40 CFR 51; 40 CFR 52
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/23/05 70 FR 8880
10/12/05 70 FR 59582
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Dan Deroeck
Phone: 919 541-5593
Email: deroeck.dan@epamail.epa.gov
Jessica Montanez
Phone: 919 541-3407
RIN: 2060-AM33
3200. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
12/08/05 70 FR 73098
03/01/06 71 FR 10439
07/14/06 71 FR 40316
NPRM
Final Action -
Compliance Date
Extension
Final Action on
Litigation Issues
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM43
3201. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR ARCHITECTURAL COATINGS-
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR Part 59 Subpart
D
Completed:
Reason
Date
FR Cite
Withdrawn 09/28/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Dave Salman
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM47
3202. CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY:
NOTICE OF PROPOSED RULEMAKING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86
Completed:
Reason
Date
FR Cite
Withdrawn 08/08/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Chris Laroo
Phone: 734 214-4937
Email: laroo.chris@epamail.epa.gov
RIN: 2060-AM48
3203. AREA SOURCE NESHAP FOR
PRIMARY NONFERROUS METALS—
ZN, CD, BE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged into RIN 09/18/06
2060-AN85, SAN
5093
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Schell
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM69
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73925
EPA—Clean Air Act (CAA)
Completed Actions
3204. NESHAP: INTEGRATED IRON
AND STEEL; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/30/05 70 FR 51306
07/13/06 71 FR 39579
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919 541-5289
Fax: 919 541-1039
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM76
3205. NESHAP: ORGANIC LIQUID
DISTRIBUTION-AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 07/28/06 71FR42898
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Brenda Shine
Phone: 919 541-3608
Email: shine.brenda@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM77
3206. STANDARDS OF
PERFORMANCE FOR STATIONARY
COMPRESSION IGNITION INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60.4200
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/11/05 70 FR 39870
07/11/06 71 FR 39154
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AM82
3207. REGULATION OF FUELS AND
FUEL ADDITIVES: REFINER AND
IMPORTER QUALITY ASSURANCE
REQUIREMENTS FOR DOWNSTREAM
OXYGENATE BLENDING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Action
06/02/06 71 FR 32015
06/02/06 71 FR 31947
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Marilyn Bennett
Phone: 202 343-9624
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AM88
3208. PART 63 GENERAL
PROVISIONS—RESPONSE TO
PETITION TO RECONSIDER SSM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/29/05 70 FR 43992
04/20/06 71 FR 20446
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Rick Colyer
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie
Phone: 919 541-5356
Fax: 919 541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM89
3209. NESHAP FOR REFRACTORY
PRODUCTS MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawal of Direct 04/14/06 71 FR 19435
Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Fairchild
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM90
3210. INCLUSION OF DELAWARE AND
NEW JERSEY IN THE CLEAN AIR
INTERSTATE RULE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Completed:
Reason
Date
FR Cite
NPRM
NODA
Final Action
05/12/05 70 FR 25408
06/28/05 70 FR 37068
04/28/06 71 FR 25288
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Agency Contact: Jan King
Phone: 919 541-5665
Email: king.jan@epa.gov
Joe Paisie
Phone: 919 541-5556
-------
73926
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM95
3211. RULE ON SECTION 126
PETITION FROM NC TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM AND O3; FIPS TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM & 03; REVISIONS TO CAIR RULE;
REVISIONS TO ACID RAIN PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/24/05 70 FR 49708
04/28/06 71 FR 25328
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM99
3212. NESHAP: PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)—
AREA SOURCE RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date FR Cite
Merged With RIN 10/10/06
2060-AN21.SAN
4978
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Kim Teal
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.rohin@epamail.epa.gov
RIN: 2060-AN08
3213. REGIONAL HAZE
REGULATIONS; REVISIONS TO
PROVISIONS GOVERNING
ALTERNATIVE TO SOURCE-SPECIFIC
BEST AVAILABLE RETROFIT
TECHNOLOGY (BART)
DETERMINATIONS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 51.308(e)(2); 40
CFR 51.309; 40 CFR 51 App Y (New)
Completed:
Reason
Date
FR Cite
FinalAction 10/13/06 71 FR60612
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Kathy Kaufman
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epamail.epa.gov
Todd Hawes
Phone: 919 541-5591
Fax: 919 541-5489
Email: hawes.todd@epa.gov
RIN: 2060-AN22
3214. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2006
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.8(a)
Completed:
Reason
Date
FR Cite
NPRM 04/11/06 71 FR 18262
FinalAction 10/04/06 71 FR58504
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kirsten Cappel
Phone: 202 343-9556
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan
Phone: 202 343-9226
Fax: 202 343-2337
Email: brennan.ross@epa.gov
RIN: 2060-AN29
3215. CAMR 111 RECONSIDERATION
AND REVISION OF 112(N) FINDING
RECONSIDERATION
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Completed:
Reason
Date
FR Cite
NPRM 10/28/05 70 FR 62213
FinalAction 06/09/06 71 FR33388
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Agency Contact: Robert J. Wayland
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AN50
3216. REVISION OF 112(N) FINDING
RECONSIDERATION
Priority: Other Significant
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Completed:
Reason
Date
FR Cite
NPRM 10/28/05 70 FR 62200
Final Action 06/09/06 71 FR 33388
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Agency Contact: Robert J. Wayland
Phone: 919 541-1045
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73927
EPA—Clean Air Act (CAA)
Completed Actions
Email:
wayland.robertj@epamail.epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AN53
3217. NSPS COMBUSTION
TURBINES-SUBPART GG:
AMENDMENTS
Priority: Substantive, Nonsignificant
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AN57
3219. PM2.5 DE MINIMIS EMISSION
LEVELS FOR GENERAL CONFORMITY
APPLICABILITY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 93
Completed:
or-K i*iiaiion: 411
Completed:
Reason
Notice: Technical
Corrections
Direct Final Action
^fK. bU
Date FR Cite
02/24/06 71FR9453
02/24/06 71 FR 9504
Reason
NPRM
Direct Final Action
Withdraw DFA
Final Action
Date FR Cite
04/05/06 71 FR 17047
04/05/06 71 FR 17003
06/01/06 71 FR 31092
07/17/06 71 FR 40420
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert J. Wayland
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN55
3218. RULE TO REDUCE INTERSTATE
TRANSPORT OF FINE PARTICULATE
MATTER AND OZONE (CLEAN AIR
INTERSTATE RULE):
RECONSIDERATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Completed:
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Tom Coda
Phonei 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AN60
3220. NESHAP FOR MISCELLANEOUS
COATING MANUFACTURING;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
05/17/06 71 FR 28639
10/04/06 71 FR 58499
Reason
Date
FR Cite
Supplemental 12/29/05 70 FR 77101
Reconsideration
Reconsideration 04/28/06 71 FR 25304
Final Action 04/28/06 71 FR 25304
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kathy Kaufman
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epamail.epa.gov
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald .randy@epamail. epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN61
3221. DETERIORATION FACTOR
PROVISIONS FOR HEAVY-DUTY
DIESEL ENGINE CERTIFICATION AND
PART 86 TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86.004-28; 40
CF'R 86.007-11
Completed:
Reason
Date
FR Cite
Direct Final Action 08/30/06 71 FR 51481
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Cleophas Jackson
Phone: 734 214-4824
Email:
jackson.cleophas@epamail.epa.gov
RIN: 2060-AN70
3222. TECHNICAL AMENDMENTS TO
THE HIGHWAY AND NONROAD
DIESEL REGULATIONS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Direct Final Action 05/01/06 71 FR 25706
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tia Sutton
Phone: 734 214-4018
Email: sutton.tia@epamail.epa.gov
Paul Machiele
Phone: 734 214-4264
Email: macbiele.paul@epamail.epa.gov
RIN: 2060-AN78
3223. • AMENDMENTS TO
STANDARDS OF PERFORMANCE FOR
NEW STATIONARY SOURCES;
MONITORING REQUIREMENTS
(PS-I)-CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action proposes to
clarify and update requirements for
source owners and operators who must
install and use continuous stack or duct
-------
73928
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
opacity monitoring equipment. This
action 'also proposes amendments
regarding design and performance
validation requirements for continuous
opacity monitoring system (COMS)
equipment in appendix B, PS-1. These
amendments to subpart A and PS-1 will
not change the affected facilities'
applicable emission standards or
requirement to monitor. The
amendments will: (1) Clarify owner and
operator and monitor vendor
obligations, (2) reaffirm and update
COMS design and performance
requirements, and (3) provide EPA and
affected facilities with equipment
assurances for carrying out effective
monitoring. The specifications shall
apply to all COMS installed or replaced
after the date of promulgation.
Following promulgation, a source
owner, operator, or manufacturer will
be subject to these performance
specifications if installing a new
COMS, relocating a COMS, replacing a
COMS, re-certifying a COMS that has
undergone substantial refurbishing, or
has been specifically required to re-
certify the COMS with these revisions.
Timetable:
Action
Date
FR Cite
Notice-Correction
06/01/06 71 FR 31100
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
3744.1; EPA publication information:
Notice - Correction -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-01/a8397.htm; Split
from RIN 2060-AG22.
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Email: ricks.solomon@epamail.epa.gov
RIN: 2060-AN89
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3224. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public .
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking was
issued to solicit early public input on
this issue.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/18/03 68 FR 65120
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
18/f28651.htm;
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
3225. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR 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
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste, and
Transuranic Waste. The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
Legal Deadline: None
NPRM 08/00/07
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
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73929
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Final Rule Stage
3226. AMENDMENT OF THE
STANDARDS FOR RADIOACTIVE
WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2060-AN15
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3227. ENDOCRINE DISRUPTER
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Regulatory Plan: This entry is Seq. No.
98 in part II of this issue of the Federal
Register.
RIN: 2070-AD61
3228. PESTICIDES; DETERMINATION
OF STATUS OF PRIONS AS PESTS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
I36w
CFR Citation: 40 CFR 152
Legal Deadline: None
Abstract: In 2004, the Agency stated
that it considered prions (proteinaceous
infectious particles) to be a "pest"
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The Agency is further
reviewing the relationship of prions to
FIFRA and considering whether any
additional or different approaches to
prions or products intended to prevent,
destroy, repel or mitigate prions are
appropriate or necessary under FIFRA.
The Agency may issue an ANPRM to
seek comment and foster discussion of
this issue.
Timetable:
Action
Date
FR Cite
ANPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4985;
Agency Contact: Carlton Kempter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510P, Washington,
DC 20460
Phone: 703 305-5448
Fax: 703 305-6467
Email: kempter.carlton@epa.gov
RIN: 2070-AJ26
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3229. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Other Significant
Legal Authority: 7 USC 136 to 136y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial pesticide products. The
revisions will codify data requirements
to reflect current regulatory and
scientific standards. The data
requirements will cover all scientific
disciplines for antimicrobial pesticides,
including product chemistry and
residue chemistry, toxicology,
environmental fate and effects, and
efficacy.
Timetable:
Action
Date
FR Cite
NPRM 05/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
data.htm
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
-------
73930
Federal Register/Vol. 71, No. 237/Monday, December li, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD30
3230. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
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 protein
genes to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat protein
genes from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
2001 Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date
FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Reproposal 03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
EPA publication information:
Supplemental NPRM 3-Request for
Comment on Alternate Name; This
action is a continuation of the action
described in RIN 2070-AC02. Since
several pieces of that action are now
finalized, the Agency is splitting this
piece into a separate Agenda entry so
that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Melissa Kramer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8497
Fax: 202 564-8502
Email: kramer.melissa@epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8488
Fax: 202 564-8502
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
3231. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Regulatory Plan: This entry is Seq. No.
108 in part II of this issue of the
Federal Register.
RIN: 2070-AJ20
3232. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Regulatory Plan: This entry is Seq. No.
109 in part II of this issue of the
Federal Register.
RIN: 2070-AJ22
3233. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a; 7 USC
136w
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA intends to propose
codifying data requirements for the
pesticide registration of plant-
incorporated protectants (PIPs). These
data requirements are intended to
provide EPA with data and other
information necessary for the
registration of PIPs. These requirements'
would improve the Agency's ability to
make regulatory decisions about the
human health and environmental
effects of these products. By codifying
data requirements specific to PIPs, the
regulated community would have a
better understanding of and could
better prepare for the registration
process. This proposed rule is one in
a series of proposals to update and
clarify pesticide data requirements.
Timetable:
Action
Date FR Cite
NPRM
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5005
Agency Contact: Kristen Brush,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-0308
Email: brush.kristen@epa.gov
William Schneider, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8683
Fax: 703 308-7026
Email: schneider.william@epa.gov
RIN: 2070-AJ27
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73931
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3234. PESTICIDES; EXPANSION OF
CROP GROUPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346a
CFR Citation: 40 CPR 180
Legal Deadline: None
Abstract: EPA is revising the pesticide
crop grouping regulations to create new
crop groupings, add new subgroups,
and expand existing crop groups by
adding new commodities. EPA expects
these revisions to promote greater use
of crop grouping for tolerance-setting
purposes and to facilitate the
availability of pesticides for minor crop
uses. This proposal is the first one in
a series of proposals for revisions to
crop grouping regulations.
Timetable:
Action
Date FR Cite
NPRM
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5031
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9068
Fax: 703 305-5884
Email: cromwell.rame@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AJ28
3235. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Regulatory Plan: This entry is Seq. No.
110 in part II of this issue of the
Federal Register.
RIN: 2070-AJ29
3236. • REGULATIONS TO
FACILITATE COMPLIANCE WITH THE
FEDERAL INSECTICIDE, FUNGICIDE,
AND RODENTICIDE ACT BY
PRODUCERS OF
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 174; 40 CFR 152;
40 CFR 156; 40 CFR 167; 40 CFR 168;
40 CFR 169; 40 CFR 172
Legal Deadline: None
Abstract: Plant-Incorporated
Protectants (PIPs) are pesticidal
substances intended to be produced
and used in living plants and the
genetic material needed for their
production. EPA has been regulating
PIPs under FIFRA, including issuing
experimental use permits and
commercial registrations, for over 10
years, with the first commercial
registration of a PIP under FIFRA
issued in 1995. On July 19, 2001, EPA
published rules establishing much of
the current regulatory structure for
PIPs. This rulemaking effort is intended
to address the issues that were not
addressed in 2001, including defining
the nature of regulated production of
PIPs and associated issues such as
reporting, product labeling, and
recordkeeping. The rule will affect
those persons who produce PIPs and
is expected to clarify the legal
requirements of their products at
various production phases, improving
their ability to conduct business. It is .
expected to also improve the ability of
the EPA to identify and respond to
instances where there, are potentially
significant violations. EPA also intends
to address activities that the Agency
does not believe warrant regulation and
will consider exempting those
activities, as appropriate, from FIFRA
in whole or in part.
Timetable:
Action
Date
FR Cite
NPRM
11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5082
Agency Contact: Stephen Howie,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-4146
Fax: 202 564-8502
Email: howie.stephen@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
RIN: 2070-AJ32
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3237. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Regulatory Plan: This entry is Seq. No.
123 in part II of this issue of the
Federal Register.
RIN: 2070-AC12
3238. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2070-AD51
3239. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Other 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
-------
73932 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Abstract: As proposed, this regulation
would have established 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 were reconsidered to
determine whether the program could
address water quality issues rather than
ground-water only, and to determine
fiie best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date
FR Cite
NPRM 06/26/96 61 FR 33259
Notice 02/23/00 65 FR 8925
Supplemental NPRM 03/24/00 65 FR 15885
Notice: Withdrawal of 12/00/06
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3222;
EPA publication information: Notice-
Notice of Availability regarding
Metolachlor
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Charles Evans,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305 7199
Email: evans.charles@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3240. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180; 40 CFR 178
Legal Deadline: None
Abstract: Section 408(m) of the Federal
Food, Drug, and Cosmetic Act requires
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. EPA
developed a final rule that would have
adjusted the fee structure and fee
amounts for tolerance actions. A final
rule completed OMB review on
December 31, 2003, but has not been
issued because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibits EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using Federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned.
Timetable:
Action
Date
FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65 FR 45569
Supplemental NPRM 08/31/00 65 FR 62979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4027;
EPA publication information: NPRM-
Pesticides-Tolerance Processing Fees
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
fees/index.htm
Agency Contact: Lindsay Moose,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501P, Washington,
DC 20460
Phone: 703 305-7108
Fax: 703 305-6244
Email: moose.lindsay@epa.gov
RIN: 2070-AJ23
3241. 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 withdrawing this
proposed action because the original
proposal was issued in 1994 and the
Agency has determined that the record
does not address the recent scientific
information developed since the
original proposal. Consequently, the
record would not provide adequate, up-
to-date support for the proposed rule.
If EPA were to pursue such an
exemption, the Agency would issue a
new proposed rule. However,
withdrawing the 1994 proposal does
not preclude EPA's pursuing the same
approach in the future. In addition,
EPA's priorities have changed since
1994. At that time, EPA believed that
an exemption for PIPs derived through
genetic engineering from plants
sexually compatible with the recipient
plant had the potential to cover a
number of low-risk products. However,
experience in the last decade has
shown that such PIPs have not been
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73933
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
developed in great numbers. In light of
the expected limited utility of such an
exemption, EPA does not consider it
prudent to expend resources for an
exemption that would likely benefit
only very few entities. Should the
Agency decide to pursue such a
rulemaking in the future, EPA will
create a ne;w entry for that effort in the
Regulatory Agenda.
Timetable:
Action
NPRM
Supplemental NPRM
1
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Supplemental NPRM
5
Notice-Withdrawal
Date FR Cite
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 271 32
04/23/99 64 FR 19958
07/19/01 66 FR 37855
08/20/01 66 FR 43552
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611;
EPA publication information:
Supplemental NPRM 3-Request for
Comment on Alternate Name; This
action is a continuation of the action
described in RIN 2070-AC02. Since
several pieces of that action are now
finalized, the Agency is splitting this
piece into a separate Agenda entry so
that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3242. PLANT INCORPORATED
PROTECTAMTS (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 withdrawing this
proposed action because the original
proposal was issued in 1994 and the
Agency has determined that the record
does not address the recent scientific
information developed since the
original proposal. Consequently, the
record would not provide adequate, up-
to-date support for the proposed rule.
If EPA were to pursue such an
exemption, the Agency would issue a
new proposed rule. However,
withdrawing the 1994 proposal does
not preclude EPA's pursuing the same
approach in the future. At that time,
EPA will create a new entry for that
effort in the regulatory agenda.
Timetable:
Action
Date FR Cite
NPRM Original
Supplemental NPRM
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Notice-Withdrawal
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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612;
EPA publication information: NPRM
Original-FIFRA Exemption; This action
is a continuation of the action
described in RIN 2070-AC02. Since
several pieces of that action are now
finalized, the Agency is splitting this
piece into a separate Agenda entry so
that it can continue to be tracked.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington;
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3243. 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 revision
of the Rules of Practice governing the
conduct of licensing adjudications
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The existing Rules of Practice
were originally promulgated by EPA in
1973. In the subsequent 30 years,
Congress has substantially amended
FIFRA, creating a number of additional
types of licensing adjudications which
are not expressly provided for in the
existing Rules of Practice. In order to
include provisions tailored to these
new types of proceedings, and to
incorporate the standard practices
which have evolved and the precedents
which have been established since
these rules were first promulgated, EPA
intends to revise the FIFRA Rules of
Practice.
-------
73934 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
2333A, Washington, DC 20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perlis, Environmental Protection
Agency, 2333A, Washington, DC 20460
Phone: 202 564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
RIN: 2020-AA44
3244. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The Final Rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Action
Date
FR Cite
NPRM
Notice
Final Action 1
Final Action 2
09/17/99 64 FR 50671
11/16/99 64 FR 62145
12/14/01 66 FR 64759
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: NPRM-
Reg. Require, for Anti Pest.
Products/Other Pest Reg Changes
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/oppad001/
regpolicy.htm
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
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, 7510P,
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)
Completed Actions
3245. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Routine and Frequent
CFR Citation: 40 CFR 180
Completed:
Reason
Date
FR Cite
Announcement 08/03/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Robert McNally
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola
Phone: 703 308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3246. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
CFR Citation: 40 CFR 156; 40 CFR 165
Completed:
Reason
Date
FR Cite
Reason
Date
FR Cite
Supplemental NPRM 10/21/99 64 FR 56918
1
Supplemental NPRM 12/21/99 64 FR 71368
2
Notice: Partial 06/30/04 69 FR 39392
Reopening-of
Comment Period
Notice: Extension of 08/13/04 69 FR 50114
Comment Period
Final Action 08/16/06 71 FR 47329
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Nancy Fitz
Phone: 703 305-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
Jeanne Kasai
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
RIN: 2070-AB95
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73935
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3247. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Priority: Other Significant
CFR Citation: 40 CFR 155
Completed:
Reason
Date
FR Cite
ANPRM
04/26/00 65 FR 24586
Reason
Date
FR Cite
NPRM 07/13/05 70 FR 40251
Notice of Availability 08/17/05 70 FR 48356
Final Action 08/09/06 71 FR 45720
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Vivian Prunier
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov
Jean Frane
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3248. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which.children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001, to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
nine chemicals have been evaluated in
the peer consultation process.
Information on VCCEP and the
chemical assessments submitted to date
are available to the public at
www.epa.gov/chemrtk/vccepl.
Although not currently involving a
rulemaking, EPA has included this
pilot program in the regulatory agenda
to inform the public about activities
like this related to its chemical testing
program.
Timetable:
Action
Date
FR Cite
Notice: Initiation of 08/26/99 64 FR 46673
Stakeholder
Process & Public
Meeting
Notice: Stakeholder 03/29/00 65 FR 16590
Involvement
Process & Public
Meeting
Notice Announcing 12/26/00 65 FR 81700
VCCEP & Pilot
Notice: Pilot 12/00/06
Evaluation Request
for Feedback
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/vccep
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3452
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@epamail .epa.gov
RIN: 2070-AC27
3249. NANOSCALE MATERIALS
UNDER TSCA
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Nanoscale materials are
chemical substances containing
structures on the scale of approximately
1 to 100 nanometers, and may have
different molecular organizations and
properties than the same chemical
substances on a larger scale. Because
such materials may have novel
properties and present novel issues,
evaluating and managing health and
environmental risks of nanoscale
materials poses a new challenge. Under
the Toxic Substances Control Act, EPA
has the authority to require the
development of data adequate for the
assessment of chemical substances and
mixtures from persons that manufacture
or process them, and to prevent and
eliminate unreasonable risk of injury to
human health and environment from
chemical substances and mixtures. The
Office of Pollution Prevention and
Toxics (OPPT) is establishing a
voluntary program to assemble existing
data and information from
manufacturers and processors of certain
nanoscale materials. With this •
assembled material, EPA will take
appropriate steps to protect human
health and the environment from
unreasonable risk from these
substances. Last year, the Agency
announced that it was considering the
establishment of such a program,
described as the Nanotech Stewardship
Program, and discussed potential
aspects of such a program in a public
meeting with stakeholders in June
2005, and with the National Pollution
Prevention and Toxics Advisory
Committee (NPPTAC) in September
-------
73936 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
2005. (NPPTAC is the national advisory
body established under the Federal
Advisory Committee Act to provide
advice, information and
recommendations on the overall policy
and operation of programs managed by
OPPT.) In addition to the development
of a document that describes the
specific elements of the voluntary
program, the Agency intends to develop
other materials for which it will seek
stakeholder input. This includes an
updated document that describes the
approach to nanoscale materials under
TSCA that was made available last
year, and a paper that describes the
inventory status of nanoscale materials.
Timetable:
Action
Date
FR Cite
Draft 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5058
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Jim Willis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-0104
Fax: 202 564-9490
Email: willis.jim@epamail.epa.gov
RIN: 2070-AJ30
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3250. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(e)(3)(B)"
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) ho unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment.
Timetable:
Action Date FR Cite
NPRM: New DOD 12/00/06
Petition
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2150
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
URL For More Information:
www.epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0509
Fax: 202 566-0515
Email: gimlin.peter@epa.gov
Tom Simons, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0517
Fax: 202 566-0473
Email: simons.tom@epamail.epa.gov
RIN: 2070-AB20
3251. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of four chemicals to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR) 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 U.S.C. 7412(f) and sections 112(d
and e). Data from this action would
also be used to support implementation
of several provisions of section 112 of
the CAA including: determining risks
remaining after the application of
technology based standards under
section 112{d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73937
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
10/20/06 71 FR61926
12/19/06
NPRM
NPRM Comment
Period End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AB79
3252. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Regulatory Plan: This entry is Seq. No.
107 in part II of this issue of the
Federal Register.
RIN: 2070-AD16
3253. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: In support of the residential
upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
Substances Control Act (TSCA)
covering certain flame retardant
chemicals for use in RUF. The SNUR
would require companies intending to
import, manufacture or process these
chemicals for use as a flame retardant
in RUF to submit a significant new use
notice (SNUN) to the Agency at least
90 days prior to beginning those
activities. The required notice will
provide EPA with the opportunity to
evaluate their use as flame retardant
chemicals in RUF, and if necessary to
prohibit or limit such activity before it
occurs to prevent any unreasonable risk
of injury to human health or the
environment.
Timetable:
Action
Date FR Cite
NPRM 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4512;
EPA Docket information: EPA-HQ-
OPPT-2002-0074
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bo.wser.john@epamail.epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AD48
3254. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory). The ANPRM
outlined four identification elements
that EPA currently believes are
appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. The Agency
also solicited public comment on
several specific questions relating to
this topic. EPA is currently evaluating
the comments received and is
developing a proposed rulemaking.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/15/04 69 FR 65565
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4878;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
TOX/2004/November/Day-
15/t25307.htm; EPA Docket
information: EPA-HQ-OPPT-2003-0058
Agency Contact: Greg Fritz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8583
Fax: 202 564-9490
Email: fritz.greg@epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7406M, Washington, DC
20460
Phone: 202 564-9064
Email: passe.loraine@epa.gov
RIN: 2070-AJ04
-------
73938
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3255. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTION
REQUEST FROM U.S. MARITIME
ADMINISTRATION (MARAD)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(e)(3)(B)"
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The U.S. Maritime
Administration (MARAD) is responsible
for disposing of surplus Navy non-
combatant ships; many of these ships
contain polychlorinated biphenyls
(PCBs) in electrical equipment, and are
contaminated with 50 ppm PCBs in
paint, gaskets, and cable that cannot be
easily removed. In 2003, MARAD
exported 4 surplus ships to a shipyard
in the United Kingdom, Able UK, for
scrapping; however, the planned export
of an additional 9 ships had been
prevented by a temporary restraining
order issued by the U.S. District Court
for D.C. Although EPA issued a letter
of enforcement discretion in May 2003,
on July 29, 2004, MARAD submitted
a partial petition for an export ban
exemption under TSCA 6(e)(3)(B).
Upon receipt of a completed petition,
the Agency will conclude its review.
EPA can grant these petitions through
notice-and-comment rulemaking for a
period of up to one year, provided it
can make a finding of no unreasonable
risk and good faith efforts to find
substitutes.
Timetable:
Action
Date
FR Cite
NPRM 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
2150.1; Split from RIN 2070-AB20; EPA
Docket information: EPA-HQ-OPPT-
2004-0107
URL For More Information:
www.epa.gov/pcb/
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0509
Fax: 202 566-0515
Email: gimlin.peter@epa.gov
Sheila Canavan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1978
Fax: 202 566-0473
Email: canavan.sheila@epamail.epa.gov
RIN: 2070-AJ05
3256. CLARIFICATION ON GUIDANCE
FOR ACTIVATED PHOSPHORS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: EPA is developing guidance
to clarify the chemical identification of
activated phosphors for purposes of the
Toxic Substances Control Act (TSCA)
Chemical Substance Inventory (TSCA
Inventory). Specifically, the Agency is
developing guidance to clarify that an
activated phosphors not currently listed
on the TSCA Inventory is considered
a new chemical under TSCA. Prior to
initiating the manufacture or import of
a new chemical, TSCA section 5
requires a company to submit a
premanufacture notice (PMN) to EPA.
Apparently this has not been clear and
several firms have initiated the
manufacture of activated phosphor
materials that are not listed on the
TSCA Inventory without having
submitted the required PMN. EPA
intends to seek public comment on
draft guidance in this area to ensure
that the necessary clarity is provided.
Timetable:
Action
Date
FR Cite
Notice
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4984
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: schutz.david@epa.gov
Linda Gerber, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: gerber.linda@epa.gov
RIN: 2070-AJ21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3257. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 "TSCA
6"
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (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. EPA intends to
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73939
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
publish a notice withdrawing the
proposal.
Timetable:
Action
Date
FR Cite
05/13/91 56 FR 22096
03/09/94 59 FR 11122
12/00/06
ANPRM
NPRM
Notice: Withdrawal of
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252;
EPA publication information: NPRM-
Proposed Ban of Fishing Sinkers
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0486
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
• Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC21
3258. LEAD-BASED PAINT
ACTIVITIES; AMENDMENTS FOR
RENOVATION, REPAIR, AND
PAINTING
Regulatory Plan: This entry is Seq. No.
124 in part II of this issue of the
Federal Register.
RIN: 2070-AC83
3259. 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
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacrure 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: Aromatic
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether
ofAlkanetriol
Polymer (93-458)
NPRM: Certain
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Direct Final Action:
Certain Chemical
Substances Batch
FY06-1
Direct Final Action:
Certain Chemical
Substances, Batch
FY07-1
Direct Final Action:
Certain Chemical
Substances, Batch
FY07-2
Final: Alkenyl Ether of
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino
Ether (P90-1840)
06/06/94 59 FR 29255
12/19/94 59 FR 65289
06/26/97 62 FR 34421
10/06/06 71 FR 59066
12/00/06
03/00/07
12/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/opptintr/newchems/
cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AB27
3260. SIGNIFICANT NEW USE RULE
(SNUR); MERCURY SWITCHES IN
MOTOR VEHICLES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA proposed a significant
new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control
Act (TSCA) for mercury used in
convenience light switches, anti-lock
braking system (ABS) sensors, and
active ride control sensors in motor
vehicles. This action would require
persons who intend to manufacture,
import, or process mercury for these
uses, including when mercury is
imported or processed as part of an
article, to notify EPA at least 90 days
before commencing such activity. The
required notice would provide EPA
with the opportunity to evaluate the
use of mercury in these switches, and,
if necessary, to prohibit or limit such
activity before it occurs to prevent
unreasonable risk of injury to human
health or the environment.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
07/11/06
09/11/06
03/00/07
FR Cite
71 FR 39035
Regulatory Flexibility Analysis
Required: No
-------
73940
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4983;
EPA publication information: NPRM - '
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/July/Day-ll/tl0858.pdf
Sectors Affected: 335931 Current-
Carrying Wiring Device Manufacturing; -
3363 Motor Vehicle Parts
Manufacturing
Agency Contact: Benjamin Lim,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0482
Fax: 202 566-0469
Email: lim.benjamin@epamail.epa.gov
Nancy Wilson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0492
Email: wilson.nancy@epa.gov
RIN: 2070-AJ19
3261. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607[a)
"TSCA 8(a)"
CFR Citation: 40 CFR 7i2
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.
Timetable:
Action
Date FR Cite
Final: 51 stITC List
Final: 53rd ITC List
Final: 55th and 56th
ITC Lists
58th ITC List
06/11/03 68 FR 34832
12/07/04 69 FR 70552
08/16/06 71 FR47122
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
EPA publication information: Final 51st
ITC List-51st ITC List
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa.gov
Joseph Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epamail.epa.gov
RIN: 2070-AB08
3262. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d)
"TSCA 8(d)"
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require chemical
manufacturers, importers, and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) 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 (ITC). The
Regulatory Agenda identifies the most
recent rules and any anticipated rules.
Timetable:
Action
Date FR Cite
Final: 51st ITC List
(has actions from
lists 43,47, and 50)
Final: 55th and 56th
ITC Lists
58th ITC List
05/04/04 69 FR 24517
08/16/06 71FR47130
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
EPA publication information: Final:
55th and 56th ITC Lists -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/August/Day-16/tl3489.htm
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa;gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.john@epa.gov
RIN: 2070-AB11
3263. 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 monitors the commercial
development of existing chemicals of
concern and/or gathers information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73941
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers, and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date FR Cite
NPRM: 09/27/89 54 FR 39548
2,4-Pentanedione
NPRM: Chloranil 05/12/93 58 FR 27980
NPRM: Heavy Metals 01/15/02 67 FR 1937
Final: Chloranil 12/00/06
Final: Heavy Metals 12/00/07
Supp. NPRM: 12/00/07
2,4-Pentanedione
Supp. NPRM: Certain 12/00/07
Benzidine Congener
Dyes
NPRM: Certain 06/00/08
Benzidine Congener
Dyes
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923;
EPA publication information: NPRM:
2,4-Pentanedione SNUR
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
RIN: 2070-AA58
3264. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-To-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. The
Agency is considering specific
chemicals which are not voluntarily
sponsored in the HPV Challenge
Program as candidates for rules under
section 4 and 8 of the Toxic Substances
Control Act (TSCA). Although this
Initiative is not a rulemaking, EPA has
included it in the Regulatory Agenda
to inform the public.
Timetable:
Action Date FR Cite
Notice
Notice: Status
12/26/00 65 FR 81686
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
EPA publication information: Notice-
Data Collection and Development on
HPV Chemicals; See also items
identified under the following RINs
2070-AD09; 2070-AD38; RIN 2070-
AD16; RIN 2070-AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/volchall.htm
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AD25
3265. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12{B)
Regulatory Plan: This entry is Seq. No.
126 in part II of this issue of the
Federal Register.
RIN: 2070-AJOl
3266. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2070-AJ06
3267. TESTING AGREEMENT FOR
DIETHANOLAMINE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works, with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
-------
73942
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjun'ct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including diethanolamine (61 PR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
ECAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for ECAs, the Alkanolamines
Panel submitted a proposal on
November 25,1996, for alternative
testing involving PK studies.
ORD/NCEA performed a technical
analysis of the proposal in November
of 1997. A public meeting was held on
February 24, 1998. The Alkanolamines
Panel of ACC has submitted three
update letters, one in April 1999, one
in May of 2003 and one in January of
2005. Under this action, EPA will
continue negotiations to develop an
EGA that will provide health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action: EGA and 06/00/07
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4
URL For More Information:
www. epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epaniail.epa.gov
RIN: 2070-AJ09
3268. TESTING AGREEMENT FOR
HYDROGEN FLUORIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section. 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (ECAs) and
Voluntary Testing Agreements (VTAs).
ECAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including hydrogen fluoride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
ECAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for ECAs, the Hydrogen
Fluoride (HF) Panel submitted a
proposal for alternative testing
involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final Action: EGA and 06/00/07
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.5
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AJ10
3269. TESTING AGREEMENT FOR
PHTHALIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None.
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73943
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (ECAs) and
Voluntary Testing Agreements (VTAs).
ECAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including phthalic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
ECAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for ECAs, the Phthalic
Anhydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996.. EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final Action: EGA 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.7
URL For More Information:
www. epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AJll
3270. TESTING AGREEMENT FOR
MALEIC ANHYDRIDE
Priority: Other Significant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (ECAs) and
Voluntary Testing Agreements (VTAs).
ECAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including maleic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
ECAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for ECAs, the Maleic
Anhydride (MA) Panel submitted a
proposal for alternative testing
involving PK studies for MA on
November 8, 1996. EPA responded to
the Panel's proposal by letter -on July
10, 1997, indicating that this approach
could offer sufficient merit to proceed
with EGA negotiations. Under this
action, EPA will continue negotiations
to develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action Date FR Cite
Final Action: EGA and 06/00/07
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.6
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AJ13
3271. SIGNIFICANT NEW USE RULE,
PERFLUOROALKYL SULFONATES
(PFAS)
Priority: Routine and Frequent
Legal Authority: 15 USC 2604; 15 USC
2607;15 USC 2625
CFR Citation: 40 CFR 721.9582
(Amended)
Legal Deadline: None
Abstract: EPA is proposing to amend
a significant new use rule (SNUR)
under section 5(a)(2) of the Toxic
Substances Control Act (TSCA) for
certain perfluoroalkyl sulfonates (PFAS)
substances which were not addressed
by the previous PFAS SNURs (67 FR
11008, March 11, 2002; 67 FR 72854,
December 9, 2002), codified at 40 CFR
721.9582. EPA is proposing to amend
the PFAS SNUR at 40 CFR 721.9582
by adding a new table 3 containing all
PFAS chemicals currently on the TSCA
Inventory but not already subject to the
PFAS SNUR. This proposed rule would
require manufacturers, including
importers, to notify EPA at least 90
days before commencing the
manufacture or import of these
chemical substances for the significant
new uses described in this document.
EPA believes that this action is
-------
73944 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
necessary because the PFAS component
of these chemical substances may be
hazardous to human health and the
environment. The required notice will
provide EPA the opportunity to
evaluate intended significant new uses
and associated activities before they
occur and, if necessary, to prohibit or
limit those activities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/10/06 71 FR 12311
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4974;
EPA publication information: NPRM -
http://www.epa.gov/EPA-
TOX/2006/March/Day-10/t3444.htm;
EPA Docket information: EPA-HQ-
OPPT-2005-0015
URL For More Information:
www.epa.gov/opptintr/newchems/
cnosnurs.htm
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
. Phone: 202 564-8974
Fax: 202 564-4775
Email: alwobd.jim@epa.gov
RIN: 2070-AJ18
3272. • SIGNIFICANT NEW USE RULE
FOR CHLORANIL
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: Chloranil is used as a basic
feedstock for certain dyes and pigments
and in the production of rubber tires.
Chloranil was one of the chemicals
identified for testing in the
Dioxin/Furan (D/F) test rule. Early
testing results revealed that dioxin
levels in Chloranil could vary by more
than two orders of magnitude
depending on the chemical
manufacturing process involved. It
appeared that the "low dioxin"
manufacturing process could produce
Chloranil with dioxin contamination
levels below 20 ppb TEQ. Based on this
information, EPA entered into a formal
agreement with Chloranil importers
(there was no domestic production of
"high dioxin" Chloranil) to only import
Chloranil made through the "low
dioxin" process. As a follow up to this
agreement, a Chloranil Significant New
Use Rule (SNUR) was proposed in
1993. Under the provisions of the draft
SNUR, any Chloranil imported or
domestically produced with dioxin
contamination levels greater than 20
ppb TEQ would be considered a new
use and require reporting under section
5(a)(l)(A) of the Toxic Substances
Control Act. In the SNUR proposal,
EPA stated that it would not
promulgate a final rule until it had all
of the D/F test rule data. EPA accepted
the final.test rule data in June of 2001.
The test rule requirements continue to
apply to any new manufacturer or
importer of Chloranil. No new importer
or manufacturer has identified
themselves, although EPA has received
inquiries from time to time about the
applicability of the test rule to new
imports. OPPT therefore believes that
all importation of Chloranil is still
covered under the formal agreements
and that there is no current import or
domestic manufacture of high dioxin
Chloranil. Because a significant time
has passed since proposal OPPT is
considering the options of reproposing
the rule, reopening the comment
period, and proceeding directly to
developing a final rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/12/93 58 FR 28000
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
1923.1; Split from RIN 2070-AA58.
Agency Contact: Dwain Winters,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1977
Fax: 202 566-0470
Email: winters.dwain@.epa.gov
Brian Symmes, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1983
Fax: 202 566-0470
Email: symmes.brian@epa.gov
RIN: 2070-AJ31
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3273. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 "TSCA
206"
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes, and
to effect other changes necessary to
implement the amendments. On
February 3, 1994, EPA issued an
interim final rule to revise the asbestos
MAP to clarify the types of persons
who must be accredited to work with
asbestos in schools and public or
commercial buildings; to increase the
minimum number of hours of training
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73945
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
for asbestos abatement workers and
contractor/supervisors, including
additional hours of hands-on health
and safety training; and to effect a
variety of other necessary changes as
mandated by section 15(a)(3) of the
ASHARA. This interim final rule
satisfied the statutory deadline. EPA
will continue to consider finalizing the
MAP rule and/ or promulgating
regulatory revisions to sunset current
EPA MAP accreditations granted to
training providers.
Timetable:
3274. LEAD-BASED PAINT
ACTIVITIES; BRIDGES AND
STRUCTURES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE
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 2682; 15 USC
2684; PL 102-550 sec 402; PL 102-550
sec 404
Action
Date FR Cite CFR Citation: 40 CFR 745
Model Plan
Interim Final Action
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
http://www.epa.gov/asbestos/
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473 '
Email:
courtnage.robert@epamail.epa.gov
Shiela Canavan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Email: canavan.shiela@epa.gov
RIN: 2070-AC51
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals •
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program.
EPA promulgated regulations for LBP
activities in target housing and child
occupied facilities as well as training
and certification of training programs
for LBP activities 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
05/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4376
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3275. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2605(e)
"TSCA 6"
CFR Citation: 40 CFR 761 (Revision)
Legal Deadline: None
Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to, Use Authorizations, Public
Participation Process, Appeals Process,
Natural Gas Pipelines, Testing and
Analysis, Manifesting of PCB Waste,
Publication Process for Validated
Alternate Decontamination Solvents
and PCB Analytical Methods and
Storage of Dedicated PCB Equipment.
The action to authorize certain non-
liquid PCB applications is also
included in this action.
Timetable:
Action
Date FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4597
Sectors Affected: 31-33 Manufacturing;
81 Other Services (except Public
Administration); 54 Professional,
Scientific and Technical Services; 92.
Public Administration; 53 Real Estate
-------
73946
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
and Rental and Leasing; 48-49
Transportation; 22 Utilities; 562 Waste
Management and Remediation Services
URL For More Information:
www.epa.gov/pcb
Agency Contact: Sara McGurk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0480
Fax: 202 566-0473
Email: mcgurk.sara@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0509
Fax: 202 566-0515
Email: gimlin.peter@epa.gov
RIN: 2070-AD52
3276. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: In September 2005, EPA
proposed an amendment to the Polymer.
Exemption Rule, which provides an
exemption from the premanufacture
notification (PMN) requirements of the
Toxic Substances Control Act (TSCA).
The proposed amendment would
exclude from eligibility polymers
containing as an integral part of their
composition, except as impurities,
certain perfluoroalkyl moieties
consisting of a CF3- or longer chain
length. This proposed exclusion
includes polymers that contain any one
or more of the following: perfluoroalkyl
sulfonates (PFAS); perfluoroalkyl
carboxylates (PFAC); fluorotelomers; or
perfluoroalkyl moieties that are
covalently bound to either a carbon or
sulfur atom where the carbon or sulfur
atom is an integral part of the polymer
molecule. If finalized as proposed, any
person who intends to manufacture (or
import) any of these polymers not
already on the TSCA Inventory would
have to complete the TSCA
premanufacture review process prior to
commencing the manufacture or import
of such polymers. EPA believes this
proposed change to the current _
regulation is necessary because, based
on recent information, EPA can no
longer conclude that these polymers
"will not present an unreasonable risk
to human health or the environment,"
which is the determination necessary
to support an exemption under TSCA,
such as the Polymer Exemption Rule.
Timetable:
Action
Date FR Cite
03/07/06 71 FR 11485
12/00/07
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No..4635;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/March/Day-07/t2152.pdf
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD58
3277. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
06/11/86 51 FR 21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
NPRM: 84-1056
NPRM: 86-566
NPRM: Aluminum
Cross-linked
Sodium
Carboxymethyl
cellulose
Final: 84-1056 12/00/07
Final: 86-566 12/00/07
Final: Aluminum 12/00/07
Cross-linked
Sodium
Carboxymethyl
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976;
EPA publication information: NPRM;
84-1056-Alkyl & Sulfonic Acid &
Ammonium Salt (84-1056)
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http://www.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73947
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202 564-9138
Email: cool.rebecca@epa,gov
RIN: 2070-AA59
3278. FUTURE TESTING FOR
EXISTING CHEMICALS (OVERVIEW
ENTRY)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced and
enters the environment in substantial
quantities or there is or may be
significant or substantial human
exposure to the chemical, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop needed data via TSCA
section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of needed testing. For chemicals that
have been designated for priority
testing consideration by the Interagency
Testing Committee (ITC) the Agency
will consider whether to require testing
of the chemical through rulemaking or
EGA or will publish a notice which
provides the reasons for not doing so
in the case of a particular chemical
(such reasons may involve the
existence of a VTA). The Agency may
also consider test rules, EGAs or VTAs
for chemicals or categories of chemicals
which have been identified for testing
consideration by other Federal or other
EPA offices through EPA review
processes. This regulatory agenda entry
is considered a "generic entry" because
it is intended to alert the public that
within the next 6 months the Agency
may consider other chemicals for test
rules, EGAs, or VTAs that are not yet
identified. A separate activity specific
entry will be included in the regulatory
agenda once the Agency decides to
develop a test rule, EGA or VTA.
Timetable:
Action
Date FR Cite
ANPRM
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493;
EPA publication information: ANPRM-
Placeholder for potential new action in
next 6 months.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AB94
3279. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33178
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
2
NPRM-Reproposal 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wvirw.epa.gov/oppt/chemtest
Agency Contact: Rich Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AC76
3230. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790 to 799
-------
73948
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agency's
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4(a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1) and the
Clean Air Act (CAA) section 112.
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific communities. Data from this
action would also be used to
implement several provisions of section
112 of the CAA, including determining
risks remaining after the application of
technology based on standards under
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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD10
3281. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of Oxygenated Fuel Additives (OFAs).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other OFAs such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Although not currently a rulemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA or other testing
action is proposed.
Timetable:
Action
Date
FR Cite
To Be Determined
To Be Determined
Notice Soliciting
Participation
Final: EGA and
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174;
EPA publication information: Notice
Soliciting Participation-Solicit
Interested Parties
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD28
3282. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: On March 4,1991, EPA
issued a proposed TSCA section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
obtained under these various data
collection/development programs will
be used to inform EPA's decision
regarding the need to re-propose and
ultimately finalize this TSCA section 4
Test Rule for some or all of the subject
chemicals and for which endpoints
they should be tested.
Timetable:
Action
Date
FR Cite
03/04/91 56 FR 9092
To Be Determined
NPRM-Original
NPRM-Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73949
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Additional Information: SAN No. 4395
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD44
3283. SIGNIFICANT NEW USE RULE
(SNUR); REFRACTORY CERAMIC
FIBERS (RCFS)
Priority: Routine and Frequent
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0509
Fax: 202 566-0515
Email: gimlin.peter@epa.gov
RIN: 2070-AC37
3284. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR Part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
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@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3285. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: EPA intends to amend
existing requirements to clarify which
target housing transactions the rule
applies; add or clarify definitions of
important terms; clarify the disclosure
responsibilities of agents; clarify what
information must be disclosed; clarify
recordkeeping requirements to support
enforcement; and will amend existing
regulatory text to resolve some
inconsistent interpretations and to
incorporate interpretations that have
been issued through guidance. Small
businesses and State/local/tribal
governments that sell or lease target
housing will be affected in that they
will need to become familiar with
new/revised requirements that apply to
-------
73950
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
these transactions. Overall burden is
not expected to increase significantly.
Timetable:
Action
Date
FR Cite
NPRM
02/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4777
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential .
Property Managers
URL For More Information:
www.epa.gov/oppt/lead/
Agency Contact: John Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wilkins.john@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AD64
3286. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On January, 17, 1972 (57 FR
2138), EPA published a proposed TSCA
section 4 test rule covering a number
of aryl phosphate base stocks. On
March 30,1993, EPA announced
initiation of negotiations with the Aryl
Phosphates Panel of the Chemical
Manufacturers Association (now the
American Chemistry Council or ACC)
to develop a TSCA section 4
Enforceable Consent Agreement (EGA)
for aryl phosphate base stocks as an
alternative approach to testing under
the proposed rule (58 FR 16669J. On
October 9,1998, EPA sent letters to the
Chief Executive Officers of companies,
including those who were participating
in the development of this EGA, to
announce EPA's High Production
Volume (HPV) Chemical Challenge
Program. Consistent with the
international OECD Screening
Information Data Set (SIDS) Program,
EPA's HPV Challenge Program
encourages U.S. chemical producers
and importers to voluntarily provide
existing screening level data, or, if none
exist, to develop such data on U.S. HPV
chemicals. Because some overlap of
testing requirements in the HPV
Challenge and this EGA initiative were
identified, the industry committed to
develop the screening level data for the
HPV Challenge Program before
continuing with further development of
.the EGA. In this way, results from the
HPV Challenge program would feed
back into consideration of needs for the
EGA testing and, where possible, could
avert some or all of the overlap testing
requirements. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject AP base stocks under an
EGA.
Timetable:
Action
Date
FR Cite
ANPRM 12/29/83 48 FR 57452
NPRM 01/17/92 57 FR 2138
Final Action: EGA and To Be Determined
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2
URL For More Information:
Avww.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AJ07
3287. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On June 25,1991 (56 FR
29140), EPA issued a proposed TSCA
section 4 Test Rule for health and
environmental effects and chemical fate
testing of 5 brominated flame
retardants. Since issuing that proposed
rule, all of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary US HPV Chemical
Challenge Program, and/or EPA's
Voluntary Children's Chemical
Evaluation Program (VCCEP).
Information obtained under these
various data collection/development
programs will be used to inform EPA's
decision regarding the need to re-
propose and ultimately finalize this
TSCA section 4 Test Rule for some or
all of the subject chemicals and for
which endpoints they should be tested.
Timetable:
Action
Date FR Cite
NPRM 06/25/91 56 FR 29140
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3
URL For More Information:
www. epa .go v/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AJ08
3288. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73951
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the "Act") of
a premanufacture notice, a significant
new use notice or an exemption notice
to EPA for the chemical substance.
Either prior to or after commencing the
manufacture of the chemical substance,
the company may want to transfer the
right to manufacture the chemical
substance to a new company as part
of a merger, corporate reorganization,
or other business transaction. The Act
can be interpreted as requiring the
transferee of a right to manufacture to
submit a new premanufacture notice to
the Agency, because the transferee is
a new person. However, the Agency has
not always required the transferee to
submit a new notice and has allowed
the transferee to manufacture the
chemical substance under the original
company's authorization. Because there
are no rules or formal guidance
concerning the procedure for
transferring rights to manufacture, this
issue has not been addressed in a clear
and consistent manner. Furthermore, it
is not clear if a transferee of a right
to manufacture is liable under the Act
to the same extent as the transferor.
Therefore, to clarify these issues, EPA
proposes to adopt a rule to accomplish
several purposes: (1) To provide a clear
procedural mechanism to facilitate the
transfer of rights t.o manufacture to new
persons; (2) to require the transferee to
specifically assume all of the legal
obligations associated with the
transferred right to manufacture; and
(3) to provide notice to the Agency of
a proposed transfer of a right to
manufacture, thereby allowing the
Agency to engage in more meaningful
compliance monitoring.
Timetable:
Action Date FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975
Agency Contact: James Vinch,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-1256
Fax: 202 564-1256
Email: vinch.james@epa.gov
RIN: 2070-AJ15
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3289. SIGNIFICANT NEW USE RULE
(SNUR); CERTAIN PQLYBROMINATED
DIPHENYL ETHERS (PBOES)
Priority: Routine and Frequent
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Completed:
Reason
Date
FR Cite
NPRM
Final Action
12/06/04 69 FR 70404
06/13/06 71 FR 34015
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: Kenneth Moss
Phone: 202 564-9232
Fax: 202 564-9490
Email: moss.kenneth@epa.gov
Amy Breedlove
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AJ02
3290. TSCA INVENTORY UPDATE
REPORTING RULE; ELECTRONIC
REPORTING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 710
Completed:
Reason
Date
FR Cite
Direct Final Action;
Using CDX
09/06/06 71FR54495
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Susan Sharkey
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epamail.epa.gov
Robert Lee
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AJ25
-------
73952
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3291. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION.
Priority: Other Significant
Legal Authority: 42 USC 11001
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The curre.nt TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA will propose a rule that
would revise the TPQ for solids in
solution and seek comment on an
alternative approach. EPA is pursuing
this proposal in part based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). If the TPQ for solids
in solution is raised, it would result
in relieving some facilities (number and
type unknown at this time) from the
regulatory emergency planning and
notification requirements under section
302 to 304 of the Emergency Planning
and Community Right-to-Know Act
(EPCRA). EPA intends to evaluate
various experimental data for
accidental air releases of solutions .
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
Date
FR Cite
NPRM 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AF08
3292. TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS 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: This action will respond to
a petition received by EPA to delete
chromium, antimony, titanate from the
list of toxic chemicals reportable under
section 313 of the Emergency Planning
and Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition,
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition, a notice of
petition denial will be published.
Chromium, antimony, titantate are
reportable under the chromium and
antimony compound categories. The
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; EPA publication information:
Response-Chromium, Antimony,
Titanite (Request to Delete); Split from
RIN 2025-AAOO. Formerly listed as REST
2070-ACOO. Statutory deadline: Within
180 days of receipt the Agency must
either initiate rulemaking or explain
why not in the Federal Register.
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011,1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman. daniel@epamail .epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA16
3293. TRI; RESPONSE TO PETITION
TO DELETE ACETONITRILE FROM
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
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: This action will respond to
a petition received by EPA to delete
acetonitrile from the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition a notice of
petition denial will be published. The
deletion of this chemical would
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73953
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.3; EPA publication information:
Response-Acetonitrile (Request to
Delete); Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
wiArw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA19
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3294. 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 Planning and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (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-pentachlorodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/07/05 70 FR 10919
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4692;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2005/March/Day-07/t4339.htm;
TRI has not converted to NAICS so the
Standard Industrial Classification (SIC)
Codes are listed: SIC Code 10 Metal
Mining (except SIC codes 1011,1081,
and 1094), SIC Code 12 Coal Mining
(except SIC code 1241), SIC Code 20-
39 Manufacturing, SIC Codes 4911,
4931, and 4939 Electric Utilities
(limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce),
SIC Code 4953 Commercial Hazardous
Waste Treatment (limited to facilities
regulated under the RCRA, subtitle C,
42 U.S.C. section 6921 et seq.), SIC
Code 5169 Chemicals and Allied
Products-Wholesale, SIC Code 5171
Petroleum Bulk Terminals and Plants,
SIC Code 7389 Solvent Recovery
Services (limited to facilities primarily
engaged in solvent recovery services on
a contract or fee basis).
URL For More Information:
wvvw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection ;
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA12
3295. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Regulatory Plan: This entry is Seq. No.
134 in part II of this issue of the
Federal Register.
RIN: 2025-AA14
-------
73954
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3296. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8,1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This supplemental
proposal will address: Reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8,1998 proposal and this supplemental
proposal will address: Reporting
thresholds for rock salt, sand, gravel,
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility. This supplemental rule,
when finalized, will minimize burden
for those facilities that are currently
reporting chemicals that pose minimal
risk under sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act. This rule, when
finalized, may also reduce the number
of facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, State and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date
FR Cite
NPRM 06/08/98 63 FR 31268
Supplemental NPRM To Be Determined
Final To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 3215;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste 'and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
Vanessa Rodriguez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AE17
3297. 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 cannot be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/09
03/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
•Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
URL For More Information:
www.epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA11
3298. TRI; RESPONSE TO PETITION
TO ADD DIISONONYL PHTHALATE TO
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
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: This action will respond to
a petition received by EPA to add
diisononyl phthalate to the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition a notice of
petition denial will be published. The
addition of this chemical would make
it subject to all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73955
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
09/05/00 65 FR 53681
06/14/05 70 FR 34437
NPRM
Notice of Data
Availability
Final Action 11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; EPA publication information:
Notice of Data Availability -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2005/June/D.ay-14/fll664.htm;
Split from RIN 2025-AAOO. Formerly
listed as RIN 2070-ACOO. Statutory
deadline: Within 180 days of receipt
the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax:202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA17
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3299. RULEMAKING TO CHANGE
TOXIC RELEASE INVENTORY (TRI)
REPORTING REQUIREMENTS FROM
STANDARD INDUSTRIAL
CLASSIFICATION (SIC) CODES TO
NORTH AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM (NAICS)
CODES
Priority: Info./Admin./Other
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
03/21/03 68 FR 13872
06/06/06 71 FR 32464
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Judith Kendall
Phone: 202 566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
Ben Smith
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA10
3300. REPORTABLE QUANTITY
ADJUSTMENT FOR ISOPHORONE
DIISOCYANATE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 355
Completed:
Reason
Date
FR Cite
NPRM 09/11/06 71 FR 53354
Direct Final Action 09/11 /06 71 FR 53331
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sicy Jacob
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AG32
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3301. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Regulatory Plan: This entry is Seq. No.
99 in part II of this issue of the Federal
Register.
RIN: 2050-AE81
-------
73956
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3302. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a) RCRA
2002(a); 42 USC 6921(a) RCRA 3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that some additional control of CKD
was needed and published a regulatory
determination (60 FR 7366, February
7,1995). On August 20, 1999, EPA
issued a proposed rule (64 FR 45632)
outlining the Agency's preferred
regulatory approach (i.e., an exemption
from hazardous waste listing for
properly managed CKD) and several
optional approaches including
requirements solely under RCRA
subtitle D. On July 25, 2002, the
Agency published a notice (67 FR
48648) to announce the availability for
public inspection and comment of
recently acquired data on CKD. The
Agency is now considering an approach
whereby it would finalize the proposed
option of issuing the protective CKD
management standards as described in
the August 20, 1999 proposal as a
RCRA subtitle D rule. The Agency
would temporarily suspend its active
consideration of the proposed listing of
mismanaged CKD as a hazardous waste,
and assess how CKD management
practices and State regulatory programs
evolve over the next 3-to-5 years. Based
on this assessment, EPA will then
proceed to either formally withdraw or
promulgate the portion of the 1999
proposal that classifies as a RCRA
hazardous waste CKD that has been
egregiously mismanaged. EPA will be
promoting pollution prevention,
recycling, and safer disposal of CKD by
considering finalization of protective
management standards for this waste.
The Agency believes that these
management standards are a creative,
affordable, and common sense
approach that can protect human health
and the environment without imposing
unnecessary regulatory burdens on the
cement industry. These standards
provide a new, tailored framework that
safeguards ground water and limits risk
from releases of dust to air. A Notice
of Data Availability is being developed
to seek comment on new data regarding
the management of cement kiln dust.
Timetable:
Action
Date
FR Cite
Regulatory
Determination
NPRM
Notice - Extend
Comment Period
NoDA1
Notice -Extend
Comment Period
Notice of Data
Availability
Final Action
02/07/95 60 FR 7366
08/20/99 64 FR 45632
10/28/99 64 FR 58022
07/25/02 67 FR 48648
11/08/02 67 FR 68130
04/00/07
03/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 308-8686
Email: englander.jana@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
.Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
R1N: 2050-AE34
3303. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent-contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over-regulated
because they pose little threat to human
health and the environment. Industrial
wipes are used with solvents across
industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic sub-sectors, but many users
use small numbers of wipes with small
amounts of solvents on them. If
finalized, this regulation would provide
regulatory relief for two types of
solvent-contaminated industrial wipes:
(1) Disposable wipes, which are
disposed of in a landfill or by
combustion after use, and (2) reusable
wipes, which are laundered after use
to remove the solvent and then are
used again. EPA proposed to
conditionally exclude disposable
industrial wipes from the definition of
hazardous waste and to conditionally
exclude reusable industrial wipes from
the definition of solid waste. The
regulation, if finalized, is estimated to
result in $34 million of savings
throughout the economy and has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
NPRM
Notice of Data
Availability
Final Action
Date FR Cite
11/20/03 68 FR 65586
02/00/07
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
20/f28652.htm; EPA Docket
information: EPA-HQ-RCRA-2003-0004
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
URL For More Information:
www.epa.gov/epaoswer/hazwaste/id/
solvents/wipes.htm
Agency Contact: Teena Woolen,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73957
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Email: wooten.teena@epa.gov
RIN: 2050-AE51
3304. LAND DISPOSAL
RESTRICTIONS: MODIFYING THE
LAND DISPOSAL TREATMENT
STANDARD FOR RADIOACTIVE LEAD
SOLIDS AND HAZARDOUS DEBRIS;
DEFINITION OF
MACROENCAPSULATION
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: This proposed rulemaking, if1
finalized, would modify the current
LDR technology standard for
Radioactive Lead Solids (RLS) under 40
CFR 268.42 and for hazardous debris
under 40 CFR 268.45 to allow the
additional use of organic container-
based macroencapsulatibn technologies
that meet certain performance
requirements for land disposal of RLS
waste and hazardous debris. This
change would make both technology-
based standards for RLS waste and
debris consistent and would have the
effect of removing the container
prohibition for RLS waste and
subjecting RLS waste to an additional
treatment performance standard. EPA
believes that the effect of these changes
will promote more efficient cleanups of
contaminated sites by removing a
regulatory distinction between
radioactive lead solids and other forms
of hazardous debris, reduce worker
exposures, expedite cleanups, and
promote further advancement of new
technologies for disposal.
Timetable:
Action
Date FR Cite
NPRM
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4743;
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt.
Agency Contact: Juan Parra,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0478
Fax: 703 308-8433
Email: parra.juan@epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epa.gov
RIN: 2050-AF12
3305. HAZARDOUS WASTE
MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE (F019 LISTING
AMENDMENT IN WASTEWATER
TREATMENT SLUDGES FROM ZINC
PHOSPHATING PROCESSES IN
AUTOMOTIVE ASSEMBLY PLANTS)
Priority: Other Significant
Legal Authority: 42 USC 3001
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Legal Deadline: None
Abstract: Automobile manufacturers
are adding aluminum or aluminized
components to automobiles to reduce
the weight of vehicles to increase fuel
economy. When aluminum components
are added to the automobile assembly
process, the current Federal regulations
require that the wastewater treatment
sludges generated from this conversion
coating process be managed as a
hazardous waste under the Resource
Conservation and Recovery Act. EPA
intends to reduce burden on the
regulated community by revising the
current RCRA regulations that apply to
the wastewater treatment sludges from
the chemical conversion coating (zinc
phosphating) of aluminum.
Timetable:
Action
Date FR Cite
NPRM
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4834;
EPA Docket information: EPA-HQ-
RCRA-2004-0019
Agency Contact: James Michael,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Gail Cooper, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8419
Fax: 703 308-0514
Email: cooper.gailann@epa.gov
RIN: 2050-AG15
3306. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Regulatory Plan: This entry is Seq. No.
112 in part II of this issue of the
Federal Register,
RIN: 2050-AG24
3307. • DEFINITION OF SOLID
WASTES REVISIONS
Regulatory Plan: This entry is Seq. No.
113 in part II of this issue of the
Federal Register.
RIN: 2050-AG31
3308. • REVISIONS TO LAND
DISPOSAL RESTRICTIONS
TREATMENT STANDARDS AND
AMENDMENTS TO RECYCLING
REQUIREMENTS FOR SPENT
PETROLEUM REFINING
HYDROTREATING AND
HYDROREFINING CATALYSTS
Priority: Other Significant
Legal Authority: 42 USC 1006; 42 USC
2002(a); 42 USC 3001 to 3009; 42 USC
3014; 42 USC 6905; 42 USC 6906; 42
CFR 6912; 42 USC 6921; 42 USC 6922;
42 USC 6924 to 6927; 42 USC 6934;
42 USC 6937; 42 USC 6938
CFR Citation: 40 CFR 261; 40 CFR 266;
40 CFR 286.40
Legal Deadline: None
Abstract: Pursuant to regulations found
at 40 CFR 260.20, the Vanadium
Producers and Reclaimers Association
(VPRA) submitted a rulemaking
petition to the EPA requesting that the
Agency amend the hazardous waste
regulations affecting the treatment and
disposal of certain petroleum refinery
process wastes. Specifically, VPRA
requested that EPA revise the treatment
standards under the Land Disposal
Restrictions (LDR) Program for the
disposal of spent hydrotreating and
hydrorefining catalysts (waste codes
-------
73958
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
K171 and K172, respectively). EPA is
publishing a notice in response to the
rulemaking petition, by proposing to
amend the Land Disposal Restriction
(LDR) requirements for EPA Waste
Code K172 by adding numeric
treatment standards for certain
polynuclear aromatic hydrocarbons
(PAHs). EPA is also responding to other
elements of the rulemaking petition in
this notice. Finally, in response to
separate comments received from
petroleum industry representatives,
EPA is taking this opportunity to
propose changes to its regulations to
help encourage consistent levels of
recycling of spent hydrotreating and
hydrorefining catalysts, in a manner
that protects human health and the
environment.
Timetable:
Action
Date FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5070;
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-7903
Email: elliott.ross@epamail.epa.gov
RIN: 2050-AG34
3309. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 04/14/03 68 FR 18042
Withdrawn NPRM 03/00/07
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565;
Project Sponsor has notified Agency of
desire to withdraw project and
therefore the Agency will withdraw the
proposal.
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703 308-6787
Fax: 703 308-0513
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
3310. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The Performance Track
program provides recognition and
incentives for facilities that
demonstrate to the Agency that they are
top environmental performers.
Performance Track is a voluntary,
facility based program that reviews
applicants twice a year for conformance
to four core criteria. These criteria are:
A commitment to continuous
improvement, a well functioning
Environmental Management system in
place for at least 1 year, a solid record
of compliance, and a commitment to
community outreach and annual public
reporting. Currently there are about 400
members in Performance Track. In this
action, EPA plans to propose: A
streamlined process for permit
modifications; performance-based
standards for tanks; new capabilities for
standardized permits; alternative
generator requirements for small
quantity generators; and EPA will seek
comment of the interaction between
CAA and RCRA Air requirements,
specifically in subparts AA, BB, and
CC. These incentives will be available
only to facilities that are members of
the Performance Track program. Should
a facility choose to leave the program,
any regulatory benefits they receive
will no longer be available.
Performance Track facilities commit to
environmental improvements that reach
beyond regulatory compliance, and as
such benefits are quantifiable via each
member facilities' annual report, and in
aggregate through EPA's progress
reports on the program.
In the first 3 years, members reduced
their environmental footprint by:
* 8.5 trillion BTUs of energy .
* 1.3 billion gallons of water used
* 16,200 tons of SOX emissions
* 582,000 tons of solid waste
* 16,400 tons of hazardous materials
use
* Preserving or restoring 7,800 acres
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/07
03/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4828;
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2884
TDD Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epamail.epa.gov
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda 73959
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Andy Teplitzky, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington, DC
20460
Phone: 202 566-2947
TDD Phone: 202 566-2872
Fax: 202 566-0966
Email: teplitzky.andy@epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3311. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and
Executive Order 13101 require EPA to
prepare guidelines in the Federal
Register which designate items that are
or can be made with recovered
materials and to issue
recommendations for Government
procurement of these items. Once
designated, procuring agencies are
required to purchase these items with
the highest percentage of recovered
materials practicable. Government
procurement of EPA-designated items
containing recovered materials fosters
markets for recovered materials and,
thereby, closes the recycling loop. To
date, EPA has designated 61 items
under four Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3 and
CPG4). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG which provides
recommendations on buying the
designated items. The Executive Order
requires EPA to update the CPG every
2 years. EPA has proposed one new
and one revised item designation in
CPG5. In addition CPG Nylon Carpet
was originally proposed with CPG IV,
but, not included in the final
designation because more information
was needed. A Notice of Data
Availability was issued asking for that
information. EPA is now considering
finalizing the CPG for Nylon Carpet
separately from CPG IV and V.
Timetable:
Action
Date PR Cite
Action
NPRM-CPG1
Final CPG1
NPRMCPG2
Final CPG2
NPRM-CPG3
Date FR Cite
04/20/94 59 FR 18892
05/01/95 60 FR 21 370
11/07/96 61 FR 57748
11/13/97 62 FR 60962
08/26/98 63 FR 45558
Final-CPG3-RMAN3
NPRM CPG4
NODA on Nylon
Carpet
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
Final CPG for Nylon
Carpet
01/19/00 65 FR 3069
08/28/01 66 FR 45256
07/16/03 68 FR 42040
12/10/03 68 FR 68813
04/30/04 69 FR 24028
04/00/07
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545;
EPA publication information: Marlene
Reddoor is the contact for the nylon
carpet rule; EPA Docket information:
For CPG V rule: EPA-HQ-RCRA-2003-
0005
Sectors Affected: 92119 All Other
General Government; 92111-Executive
Offices
URL For More Information:
www.epa.gov/cpg
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-0199
Fax: 703 308-8686
Email: nogas.sue@epa.gov
Marlene Reddoor, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
RIN: 2050-AE23
3312. REGULATION OF OIL-BEARING
HAZARDOUS SECONDARY
MATERIALS FROM THE PETROLEUM
REFINING INDUSTRY PROCESSED IN
A GASIFICATION SYSTEM TO
PRODUCE SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6974
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil-
bearing secondary materials, generated
by the petroleum refining industry,
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 in the petroleum
refining industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/25/02 67 FR 13684
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4411;
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
-------
73960
Federal Register/Vol. 71, No. 23 7/Monday, December 11, 2006/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
Larry Gonzalez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302P,
Washington, DC 20460
Phone: 703 308-8805
Fax: 703 308-8433
Email: gonzalez.larry@epa.gov
RIN: 2050-AE78
3313. HAZARDOUS WASTE MANIFEST
REVISIONS-STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Regulatory Plan: This entry is Seq. No.
128 in part II of this issue of the
Federal Register.
RIN: 2050-AG20
3314. CRITERIA FOR SAFE AND
ENVIRONMENTALLY PROTECTIVE
USE OF GRANULAR MINE TAILINGS
Priority: Other Significant
Legal Authority: PL 109-59
CFR Citation: 40 CFR 278
Legal Deadline: Final, Statutory,
February 6, 2006, The 2005
Transportation Equity Act requires the
Agency to establish criteria within 180
days of enactment.
Abstract: The 2005 Transportation
Equity Act requires EPA to establish
criteria for the safe and
environmentally protective use of
granular mine tailings (chat) from the
Tar Creek, Oklahoma Mining District in
cement and concrete products and in
transportation construction projects.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/04/06 71 FR 16729
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5019;
EPA Docket information: EPA-HQ-
RCRA-2006-0097
Agency Contact: Stephen Hoffman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-8413
Fax: 703 605-0595
Email: hofftnan.stephen@epa.gov
Richard Kinch, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5307W,
Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AG27
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3315. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES—NON-
POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
non-utility combustors. Non-utility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, [i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The intended benefits
of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is analyzing this
information. The Agency will also
analyze the human health and eco
risks, costs, and economic impact of
this action as it develops the proposed
regulations.
The Agency has considered alternatives
to this action, including regulating
these wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance to industry
and State and local governments to
focus on the waste management issues
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go
unaddressed. The Agency is
considering alternatives to regulation of
mine placement under RCRA per this
action, including consulting with the
U.S. Department of the Interior on
appropriate measures under the Surface
Mining Control and Reclamation Act
(SMCRA) or some combination of both
SMCRA and RCRA.
Timetable:
Action
Date FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4469;
This rule may also impact Federal,
State, local or tribal governments that
own/operate coal-burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73961
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
mines that accept coal combustion
wastes.
Sectors Affected: 325 Chemical
Manufacturing; 2121 Coal Mining;
22112 Electric Power Transmission,
Control and Distribution; 311 Food
Manufacturing; 337 Furniture and
Related Product Manufacturing; 62
Health Care and Social Assistance; 322
Paper Manufacturing; 331 Primary
Metal Manufacturing; 313 Textile Mills;
336 Transportation Equipment
Manufacturing
URL For More Information:
http://www.epa.gov/epaoswer/other/
fossil/index.htm
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8429
Fax: 703 308-8686
Email:
robinson.bonnie@epamail.epa.gov
RIN: 2050-AE83
3316. RCRA SMARTER WASTE
REPORTING
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264.73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7; 40 CFR
268.9; 40 CFR 270.16; 40 CFR 270.17
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4735;
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AF01
3317. E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24]; 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
CECOS) 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. The
direct final was withdrawn because
there were adverse comments on the
rule. Originally, this regional rule was
to be used as a model for electronic
recycling nationwide. 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.
However, the usefulness of this rule as
a pilot project will likely be overtaken
upon promulgation of EPA's national
proposed cathode ray tube (CRTs)
exclusion from the definition of solid
waste (e.g., CRTs are the video display
components of televisions and
computer monitors). The national rule
is currently being reviewed within the
Agency.
Timetable:
Action
Date
FR Cite
NPRM 12/26/02 67 FR 78761
Direct Final 12/26/02 67 FR 78718
Direct Final Withdrawn 02/24/03 68 FR 8553
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4701
Agency Contact: Marie Holman,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19130
Phone: 215 814-5463
Email: holman.marie@epamail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
Philadelphia, 1807T, Philadelphia, PA
19130
Phone: 202 566-2184
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3318. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision); 40 CFR 262.58; 40 CFR
264.12(a)(2); 40 CFR 265.12(a)(2)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This is in
response to the fact that there is now
approximately $30 billion to 40 billion
in annual trade among developed
countries in waste recyclables, with the
United States having a positive trade
balance. Because each of the developed
countries (the OECD countries) had a
different system for controlling the
exports and imports of waste, including
recyclables, the international recycling
-------
73962
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
market was -not as efficient as it could
be. A more streamlined, uniform
system for exports and imports will
also increase recycling and lessen
disposal. The United States was
actively involved in the negotiation of
a legally binding OECD multilateral
agreement to create a more streamlined
system. OECD Member countries are
then obligated to transfer the terms of
the multilateral agreement to their
domestic regulations in order for the
multilateral agreement to have legal
authority. This regulation would be
amended to comply with changes
passed by the OECD Council. Existing
waste lists may be restructured to
comply with the new OECD waste lists.
As such, previously existing waste lists
may be renamed according to adopted
OECD terminology. Shipments of small
waste amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon final
recovery of wastes and timeframes for
recovery operations may be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because international exports
and imports are overseen at the Federal
level due to the foreign powers
authority clause. Many alternatives
were considered by Government and
industry during the intensive
negotiations on the legally binding
multilateral agreement, with the United
States having a great deal of influence
over which alternatives were in the
final agreement. The Agency plans to
codify the streamlining provisions of
the OECD multilateral agreement,
regulating exporters and importers of
waste recyclables. Exporters and
importers of waste recyclables will
need to implement the international
uniform procedures of the OECD
multilateral agreement, however these
costs will be less than would be needed
to deal with different national export
and import systems. In addition, some
common existing export and import
procedures were streamlined so that the
new procedures are even more efficient
than was common in the past. The
benefits are greater administrative
efficiency for U.S. exporters and
importers in the international recycling
market, and a lower level of waste
disposal in the United States since
there is more efficient access to other
recycling markets.
Timetable:
Action
Date FR Cite
NPRM 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
EPA Docket information: EPA-HQ-
RCRA-2005-0018
Agency Contact: Marc Thomas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0023
Fax: 703 308-0514
Email: thomas.marc@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
3319. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self insure
their environmental obligations for
closure, post-closure care, and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage, and disposal
facilities. If such a firm were to enter
bankruptcy, the Government could
incur the clean up liability. EPA's
regulations set the minimum national
standards for State hazardous waste
programs, and so a change in Federal
requirements would be necessary to
ensure consistent improvements in the
test. Without rulemaking, States would
have the option of not adopting these
changes, and so the improvement in the
test would not be implemented in
States that cannot have regulations th'at
are more stringent than Federal
standards. The proposal considered
several alternative financial tests, and
the analysis supporting the original
proposal found that the savings from
the proposed alternative would be $19
million in public and private costs. If
EPA promulgates a revised financial
test, it may affect companies that treat,
store, or dispose of hazardous waste.
EPA has suspended work on this
rulemaking because it has asked the
Environmental Financial Advisory
Board (a Federal advisory commitee) to
evaluate the financial test proposed in
1991 as one means of complying with
the requirements for financial assurance
for closure and post-closure under
RCRA subtitle C. Specifically, EPA has
asked the Board, "Should EPA adopt
the financial test proposed in 1991 for '
hazardous waste, or have advancements
in financial analysis provided better
potential tests in the meantime?" In
January of 2006, the Board
communicated their initial findings on
the financial test and corporate
guarantee as methods to meet financial
assurance requirements under RCRA
programs. The Agency is currently
evaluating these findings, and other
information, to determine how to
proceed with the 1991 proposed
rulemaking.
Timetable:
Action
NPRM Original
NPRM
Final Action
Date
07/01/91
10/12/94
To Be
FR Cite
56 FR 30201
59 FR 51 523
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2647;
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73963
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
3320. REVISIONS OF THE LEAD-ACID
BATTERY EXPORT NOTIFICATION
AND CONSENT REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR subpart G 266.80
(a)
Legal Deadline: None
Abstract: Currently, generators,
transporters and facilities that reclaim
but do not store spent lead-acid
batteries are exempt from hazardous
waste management requirements, as
specified in 40 CFR part 266 subpart
G. Spent lead-acid batteries destined for
export/reclamation are not, therefore,
subject to RCRA manifesting or export
notification and consent requirements
specified in 40 CFR part 262. Allowing
the export of spent lead-acid batteries
without prior notice and consent of the
receiving country is not consistent with
•widely-accepted international practices.
Similarly, the exemption contrasts with
more recent Universal Waste
requirements in 40 CFR part 262,
which require export notice and
consent for comparable waste streams.
The purpose of this regulation is to
modify the spent lead-acid battery
exemption to require appropriate notice
and consent for those batteries intended
for export.
Timetable:
Action
Date
FR Cite
NPRM 05/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4778
Agency Contact: Kiana Sarraf,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 22202
Phone: 703 308-8489
Fax: 703 308-0514
Email: sarraf.kiana@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AF06
3321. RULEMAKING TO STREAMLINE
LABORATORY WASTE MANAGEMENT
IN ACADEMIC AND RESEARCH
LABORATORIES
Priority: Other Significant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The College and University
Laboratory rulemaking is focusing on
the ways to make the Resource
Conservation and Recovery Act a better
fit for the laboratory setting and to
improve reuse, recycling, and the
overall management of chemicals in the
laboratory settings. EPA recognizes the
unique aspects of academic laboratories
compared with large manufacturing
processes. For example, academic
laboratories generate small amounts of •
many different wastes while large
manufacturing processes tend to
generate large amounts of a few wastes.
Our goal is to improve the program to
better protect human health and the
environment, through standards that
are harmonious with the way academic
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by improving the fit
through regulatory changes to 40 CFR
262.34.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/23/06 71 FR 29712
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4920;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/May/Day-23/f4654.htm;
No legal deadline; EPA Docket
information: EPA-HQ-RCRA-2003-0012
Sectors Affected: 6113 Colleges,
Universities and Professional Schools;
6112 Junior Colleges
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0522
Email: mercer.patricia@epa.gov
Anna Tschursin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8805
Fax: 703 308-0522
Email: tschursin.anna@epa.gov
RIN: 2050-AG18
-------
73964
Federal Register/Vol. 71, No. 237/Mpnday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3322. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 258
Completed:
Completed:
Reason
Date
FR Cite
Withdrawn 08/18/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Agency Contact: Craig Dufficy
Phone: 703 308-9037
Fax: 703 308-8686
Email: dufficy.craig@epa.gov
Richard Kinch
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AE67
3323. RECYCLING OF CATHODE RAY
TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
Priority: Other Significant
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
NPRM 06/12/02 67 FR 40508
Final Action 07/28/06 71 FR 42928
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Marilyn Goode
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
RIN: 2050-AE52
3324. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Priority: Other Significant
CFR Citation: 40 CFR 261
Reason
Date
FR Cite
Withdrawn 08/14/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jim OLeary
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
Charlotte Mooney
Phone: 703 308-7025
Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AE97
3325. REVISIONS TO THE DEFINITION
OF SOLID WASTE FINAL RULE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 261.2
Completed:
Reason
Date
FR Cite
NPRM 10/28/03 68 FR 61558
Withdrawn, Merged 08/29/06
with RIN
2050-AG31
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Marilyn Goode
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
Tracy Atagi
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epamail.epa.gov
RIN: 2050-AE98
3326. • EXTENSION OF
SITE-SPECIFIC REGULATIONS FOR
NE LABS XL PROJECT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912, 6922,
and 6926
CFR Citation: 40 CFR 262.10;40 CFR
262.10(j) (Revision);40
Legal Deadline: None
Abstract: This direct final rulemaking
will once again extend the Federal rule
previously promulgated to facilitate a
different program of waste management
in three New England universities (New
England Universities Laboratories XL
Project) from current end date of
September 30, 2006, to April 15, 2009.
The original rule, promulgated
September 28, 1999, and in effect for
four years, was previously extended for
three years, from September 30, 2003,
to September 30, 2006. This action
which enables these projects to
continue will be approved and signed
by the Regional Administrator of EPA
Region 1, by virtue of special one-time
delegations of rulemaking authority
from the EPA Administrator.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
06/21/06 71 FR 35593
06/21/06 71 FR 35547
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No.
4815.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/June/Day-21/f9753.htm;
Split from RIN 2001-AAOO.
Agency Contact: Jeff Fowley,
Environmental Protection Agency,
Regional Office Boston, Rl, Boston, MA
02114
Phone: 617 918-1094
Fax: 617 918-0094
Email: fowley.jeff@epamail.epa.gov
Gail Cooper, Environmental Protection
Agency, Regional Office Boston,
5304W, Arlington, VA 22202
Phone: 703 308-8419
Fax: 703 308-0514
Email: cooper.gailann@epamail.epa.gov
RIN: 2001-AA01
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73965
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Proposed Rule Stage
3327. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFR PART 112
Regulatory Plan: This entry is Seq. No.
Ill in part II of this issue of the
Federal Register.
RIN: 2050-AG16
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3328. OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
REQUIREMENTS—AMENDMENTS
Regulatory Plan: This entry is Seq. No.
129 in part II of this issue of the
Federal Register.
RIN: 2050-AG23
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3329. NATIONAL PRIORITIES LIST
crtn i ikif*/%&iTB^%i i en LJ A ~f A Bns^i ic
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
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.
Tl t hi
I lindaniv.
Action Date FR Cite
Final 20 03/06/98 63 FR 11 332
NPRM 24 03/06/98 63 FR 11 340
Final 21 07/28/98 63 FR 40182
NPRM 25 07/28/98 63 FR 40247
Final Tex-Tin 09/18/98 63 FR 49855
Final 22 09/29/98 63 FR 51848
NPRM 26 09/29/98 63 FR 51 882
Final 23 01/19/99 64 FR 2942
NPRM 27 01/19/99 64 FR 2950
NPRM Midnight Mine 02/16/99 64 FR 7564
NPRM 28 04/23/99 64 FR 19968
Final 24 05/10/99 64 FR 24949
Action
NPRM Almeda
Final 25
NPRM 29
Final Pools Prairie
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
MPPM V7
INrlxlVI Ol
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action-
Final Action—
NPRM1
Final 35 (adds 12
sites)
NPRM 40
Final 36
NPRM-Vieques
Final 37
NPRM 41
Date FR Cite
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
09/17/99 64 FR 50459
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 46131
08/24/00 65 FR 51 567
12/01/00 65 FR 75179
12/01/00 65 FR 75215
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 47612
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 6531 5
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 10646
07/23/04 69 FR 43755
08/13/04 69 FR 501 15
09/23/04 69 FR 56949
09/23/04 69 FR 56970
Action
Date
FR Cite
Final - Vieques
Final 38
NPRM 42
Final 39
NPRM 43
Final 40
NPRM-44
Final 41
NPRM 45
Final 42
NPRM 46
02/11/05 70 FR 7184
04/27/05 70 FR 21 644
04/27/05 70 FR 21 71 8
09/14/05 70 FR 54286
09/14/05 70 FR 54327
04/19/06 71 FR20016
04/19/06 71 FR 20052
12/00/06
12/00/06
03/00/07
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA Docket information:
www.regulations.gov EPA-HQ-SFUND-
2006-XXXX
URL For More Information:
www.epa.gov/superfund
Agency Contact: Terry Jeng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
-------
73966 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3330. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9604(a)-(j)
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O
prescribes requirements for
administering cooperative agreements
(CAs) awarded to States, Indian tribes,
and political subdivisions to conduct
remedial actions, non-time-critical
removal actions, pre-remedial activities,
and other response activities authorized
by the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(a)-(j). In
addition, subpart O prescribes
requirements for the Superfund State
Contract that is necessary whenever
EPA or a political subdivision is the
lead agency for a CERCLA remedial
action. Subpart O was promulgated on
June 5,1990, and became effective on
July 5, 1990. Since then, the Superfund
program has demonstrated several
process improvements that are not
authorized under the current
regulation. For example, the 16 Block
Funding Reform pilots established
during 1997 to 2000 generated at least
60 approved requests for deviations
from subpart O and 40 CFR 31. The
planned revisions to subpart O are
expected to make it possible to use the
process innovations tested in the pilot
projects without having to obtain
deviations. The planned revisions are
also expected to update cross-references
to other regulations that have changed,
and eliminate references to obsolete
forms and regulations.
Timetable:
Action
Date
FR Cite
Final Action
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4177;
Agency Contact: Angelo Carasea,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8828
Fax: 703 603-9104
Email: carasea.angelo@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3331. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 and
9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: The Agency is considering a
proposal for 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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AF03
3332. NATIONAL CONTINGENCY
PLAN REVISIONS TO ALIGN WITH
THE NATIONAL RESPONSE PLAN
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: The purpose of this
regulation is to revise the National
Contingency Plan (NCP) to align it with
the National Response Plan (NRP), as
required by the Department of
Homeland Security. The purpose of the
NCP is to provide the organizational
structure and procedures for preparing
for and responding to discharges of oil .
and releases of hazardous substances,
pollutants, and contaminants (see 40
CFR 300.1). The purpose of the NRP
is to provide a common organizational
structure and procedures for Federal
departments and agencies to provide
emergency and disaster assistance to
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73967
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
State, tribal, and local governments for
incidents of national significance. The
NRP was developed by the Department
of Homeland Security, in close
consultation with Federal (including
EPA), State, tribal, local governments,
first responder organizations, private
sector preparedness and relief groups.
Alignment of the NCP with the NRP
will facilitate smooth integration of
emergency response activities under the
NCP with the NRP when both plans
are activated. The NRP does not alter
the existing authorities of Federal
departments and agencies, but rather,
establishes the coordinating structures,
processes, and protocols required to
integrate the authorities of various
agencies into an all-hazard approach to
incident management. EPA is making
another minor revision to the NCP. The
descriptions of Federal agency
capabilities are being updated, and
modifications are being made, where
appropriate to reflect the new
Department of Homeland Security
organization.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4971;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
3333. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE (K178)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 302; 40 CFR 355
Completed:
Reason
Date
FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
08/16/06 71 FR 47106
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Beasley
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.ljnon@epa.gov
RIN: 2050-AE12
3334. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority: Other Significant
CFR Citation: 40 CFR 302.6; 40 CFR
355.40
Completed:
Reason
Date
FR Cite
Final Action
10/04/06 71 FR 58525
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Beasley
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AF02
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3335. 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 pre-empt 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 hull
coating leachate); and some have the
potential to introduce nonindigenous
invasive aquatic species (such as ballast
water). Phase II will establish
performance standards for control
devices for these 25 discharges. The
-------
73968
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Phase n performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. Once OOD 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
05/00/07
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357;
URL For More Information:
www.epa.gov/waterscience/rules/unds
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Fax: 202 566-1546
Email: rappoli.brian@epa.gov
Jonathan Amson, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-AD39
3336. 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
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311, CWA
301; 33 USC 1314, CWA 304; 33 USC
1318, CWA 308; 33 USC 1342, CWA
402; 33 USC 1361, CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/06
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State, Tribal '
Federalism: Undetermined
Additional Information: SAN No. 3999;
EPA publication information: Final
Action-projected date; Note: This rule
was formerly known as "Revisions to
NPDES Requirements for Compliance
Reporting and Collection System
Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
Jennifer Malloy, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6392
Fax: 202 564-6392
Email: malloy.jennifer@epa.gov
RIN: 2040-AD02
3337. • AVAILABILITY OF AND
PROCEDURES FOR REMOVAL
CREDITS
Priority: Other Significant
Legal Authority: 33 USC 1251, CWA
101; 33 USC 1288, CWA 208; 33 USC
1311, CWA 301; 33 USC 1314, CWA
304; 33 USC 1317, CWA 307; 33 USC
1318, CWA 308; 33 USC 1319, CWA
309; 33 USC 1342, CWA 402; 33 USC
1345, CWA 405; 33 USC 1361, CWA
501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: This action is an update to
the removal credits regulation found at
40 CFR 403.7. Specifically, EPA will
propose to amend the list of pollutants
eligible for removal credits in 40 CFR
403.7, Appendix G, Table II, to add 16
pollutants that EPA has determined
would not need to be regulated under
the sewage sludge regulations.. These 16
pollutants have gone through the same
assessment as the pollutants currently
identified as eligible for removal credits
in Table II; the assessment included
public notice and comment in
conjunction with a related Office of
Water action.
Timetable:
Action
ANPRM
NPRM
Final Action
Date FR Cite
10/14/05 70 FR 60199
01/00/07
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
3663.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/October/Day-
14/w20000.htm; Split from RIN 2040-
AC58.
Agency Contact: Jennifer Chan,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0995
Fax: 202 564-6431
Email: chan.jennifer@epa.gov
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73969
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickrel.jan@epa.gov
RIN: 2040-AE88
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3338. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a); 42 USC 300f; 42 USC 300g-l;
42 USC 300J-4; 42 USC 300j-9(a)
CFR Citation: 40 CFR 122; 40 CFR 136;
40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR part 136 and
the National Primary Drinking Water
Regulations under 40 CFR part 141 to
approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
and Safe Drinking Water Act. The
proposal included new methods for
metals, such as Method 200.8 (which
utilizes ICP/MS), new methods for
chemical pollutants (e.g., Method
245.7), updated methods for chemical
pollutants (e.g., Methods 300.1 and
200.7), including methods from
voluntary consensus standards bodies,
and from other external organizations
submitted under EPA's alternate test
procedure program. The new and
updated methods include methods from
organizations such as the American
Society for Testing and Materials,
International Standard Methods, and
the Association of Official Analytical
Chemists-International.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4540;
EPA publication information: NPRM -
www.epa.gov/fedrgst/EPA-
WATER/2004/April/Day-
06/w6427.html; This action
incorporates the following analytical
methods that had previously been
tracked independently: 1. RIN 2040-
AC95, SAN 3155 - Test Procedures for
the Analysis of Miscellaneous Metals,
Anions, and Volatile Organics Under
the Clean Water Act, Phase One 2. RIN
2040-AD12, SAN 4089 - Test
Procedures for the Analysis of
Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean
Water Act, Phase Two, and 3. RIN
2040-AD52, SAN 4377 - Test
Procedures for the Analysis of Mercury
Under the Clean Water Act (Method
245.7); EPA Docket information: OW-
2003-0070
URL For More Information:
www.epa.gov/waterscience/methods/
Agency Contact: Meghan Hessenauer,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1040
Fax: 202 566-1053
Email: hessenauer.meghan@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AD71
3339. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR PEAK
WET WEATHER DISCHARGES FROM
PUBLICLY OWNED TREATMENT
WORK TREATMENT PLANTS
SERVING SANITARY SEWER
COLLECTION SYSTEMS POLICY
Regulatory Plan: This entry is Seq. No.
130 in part II of this issue of the
Federal Register.
RIN: 2040-AD87
3340. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI,
ENTEROCOCCI, FECAL COLIFORMS,
AND SALMONELLA UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1345; 33 USC
1361(a)
CFR Citation: 40 CFR sec 136.3
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 several microbiological
methods for monitoring wastewater and
biosolids for use by testing laboratories.
The rule will include several analytical
methods for monitoring E. coli and
Enterococci in wastewater and several
analytical methods for monitoring fecal
coliforms and salmonella in biosolids.
Test procedures in part 136 must be
used in implementing the NPDES
program.
Timetable:
Action
Date
FR Cite
NPRM
NODA
Final Action
04/06/04 69 FR 18166
02/16/05 70 FR 7909
12/00/06
NPRM 08/16/05 70 FR 48256
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4950;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
-------
73970
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
WATER/2005/August/Day-
16/wl6195.htm; EPA Docket
information: OW-2004-0014
URL For More Information:
www.epa.gov/waterscience/methods
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
RIN: 2040-AE68
3341. 2006 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 5, 2006, Final Plan.
Abstract: EPA publishes a final
Effluent Guidelines Plan every other
year after taking comment on a
preliminary plan, as required by
Section 304(m) of the Clean Water Act.
This Federal Register notice presents
EPA's Effluent Guidelines Program Plan
for 2006. This notice also discusses
EPA's annual review of effluent
limitations guidelines and standards
undertaken pursuant to sections 304(b),
304(g), and 307(b). EPA's 2006 Plan
will identify guidelines that may be
revised or new guidelines that may be
developed, and will provide a schedule
for such rulemaking.
Timetable:
Action
NPRM
NPRM Comment
Period End
Finaf Plan
Date FR Cite
08/29/05 70 FR 51 042
10/28/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4965;
EPA publication information: NPRM -
www.epa.gov/fedrgstr/EPA-
WATER/2005/August/Day-
29/wl7032.htm; EPA Docket
information: OW-2004-0032
URL For More Information:
www.epa.gov/guide/plan.html
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Email: goodwin.janet@epa.gov
RIN: 2040-AE76
3342. RULEMAKING ON DIRECT
APPLICATION OF PESTICIDES TO
WATERS OF THE UNITED STATES IN
COMPLIANCE WITH FIFRA
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 122.3
Legal Deadline: None
Abstract: EPA is working to take final
action on its February 1, 2005,
proposed rulemaking and interpretive
statement entitled "Application of
Pesticides to Waters of the United
States in Compliance with FIFRA." The
proposed rulemaking would revise the
NPDES permit program regulations to
clarify that, when pesticides are
applied to waters of the United States
in compliance with FIFRA, an NPDES
permit is not required in two
circumstances: (1) The application of
pesticides directly to waters of the
United States in order to control pests.
Examples of such applications include
applications to control mosquito larvae,
aquatic weeds or other pests that are
present in the waters of the United
States. (2) The application of pesticides
to control pests that are present over
waters of the United States, including
near such waters, that results in a
portion of the pesticides being
deposited to waters of the United
States; for example, when insecticides
are aerially applied to a forest canopy
where waters of the United States may
be present below the canopy or when
pesticides are applied over, including
near, water for control of adult
mosquitos or other pests.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/01/05 70 FR 5093
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4995;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/February/Day-
01/wl868.htm;
Agency Contact: Virginia Garelick,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-2316
Fax: 202 564-6384
Email: garelick.virginia@epa.gov
Allison Wiedeman, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE79
3343. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Regulatory Plan: This entry is Seq. No.
131 in part II of this issue of the
Federal Register.
RIN: 2040-AE80
3344. WATER TRANSFERS RULE
Regulatory Plan: This entry is Seq. No.
132 in part II of this issue of the
Federal Register.
RIN: 2040-AE86
3345. • IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Regulatory Plan: This entry is Seq. No.
133 in part II of this issue of the
Federal Register.
RIN: 2040-AE87
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73971
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3346. 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 311(d)(2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. This rulemaking
will propose revisions to subpart J to
clarify and change protocols for
effectiveness and toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) which may affect natural resources
belonging to or under the exclusive
management authority of the United
States.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
www.epa.gov/oilspill
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1970
Fax: 202 564-2625
Email: nichols.nick@epa.gov
Leigh DeHaven, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1974
Fax: 202 564-2625
Email: dehaven.leigh@epa.gov
RIN: 2050-AE87
3347. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards, and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). EPA refers
to this rulemaking as Pulp and Paper
Phase III. EPA is considering the public
comments on the proposed rule and the
new data acquired since proposal. EPA
will consider as part of its effluent
guidelines review process under CWA
section 304 (b) whether to proceed with
the rulemaking or whether assistance to
States will more appropriately address
any concerns with discharges from
these facilities.
Timetable:
Action
NPRM
Final Action
Date
12/17/93
To Be
FR Cite
58 FR 66078
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370;
EPA publication information: Final
Action-projected date;
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
URL For More Information:
www.epa.gov/waterscience/pulppaper/
reg.html
Agency Contact: Donald Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email:
anderson.donaldf@epamail.epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epamail.epa.gpv
RIN: 2040-AD49
3348. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314, CWA
304; 33 USC 1361(a), CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new EPA methods for the
determination of trace metals at EPA's
water quality criteria levels. These
methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's 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,
EPA is pursuing approval of new test
procedures.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
73972
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702;
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC75
3349. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: EPA is considering
preparation of a document that would
highlight the flexibility already
contained in some EPA Methods that
are currently approved for Clean Water
Act compliance monitoring under 40
CFR part 136, Guidelines Establishing
Test Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
Increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date FR Cite
NPRM
Direct Final
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3714;
URL For More Information:
www.epa.gov/waterscience/methods
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC92
3350. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This action would establish
performance-based measurement
procedures and guidance for use in
Clean Water Act compliance
monitoring under 40 CFR 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would also discuss the
format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. It would also describe EPA's
planned steps to provide additional
information through technical bulletins,
and/or guidance documents geared
toward 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: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3713;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC93
3351. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: The proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR parts 136 and
503 to approve EPA Method 1668 for
the congener-specific determination of
co-planar and mono-ortho-substituted
polychlorinated biphenyls (PCBs) in
effluent, ambient water, and sludge.
This method is necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's water quality
standard. At present there is no EPA
analytical method for determination of
these PCBs at the levels of concern.
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73973
EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4049;
URL For More Information:
www.epa.gov/waterscience/methods
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Avenue,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AD09
3352. NPDES APPLICATIONS
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311, CWA
301; 33 USC 1312, CWA 302; 33 USC
1314, CWA 304; 33 USC 1316, CWA
306; 33 USC 1318, CWA 308; 33 USC
1342, CWA 402; 33 USC 1361, CWA
501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification, and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include modifying and
streamlining existing permit application
requirements. Other revisions may be
considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Action
Date
FR Cite Action
NPRM
Final Action
04/00/08
04/00/09
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
EPA publication information: Final
Action-projected date;
Agency Contact: Karen Metchis,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0734
Fax: 202 564-9544
Email: metchis.karen@epamail.epa.gov
Tom Layerty, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
3353. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-554, sec
1404-1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations [HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the •
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
will reduce the environmental impacts
of cruise ships operating in the waters
of Alaska, the Alexander Archipelago,
and the Kachemak Bay National Marine
Estuarine Research Reserve.
NPRM
Final Action
12/00/07
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
3354. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: 40 CFR 401; 40 CFR 419
Legal Deadline: None
Abstract: Several years ago, OW
conducted a comprehensive review of
effluent guidelines and removed from
the Code of Federal Regulations (CFR)
provisions contained in a number of
regulations that were obsolete or
redundant (FR 60 33926, June 29,
1995). In addition to removing these
provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
esffluent guidelines. This action would
recodify the effluent limitations and
(standards for one point source category
and the general definitions without
making any legally substantive changes
in the requirements. The revised and
shorter format will enable Federal,
State and local regulators and the
regulated community to more easily
-------
73974
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
read, understand, and implement the
regulations. By reducing the number of
pages in title 40, the new format will
also afford some long-term savings in
the annual cost of printing these
regulations. The point source category
which would be recodified by this
action is Petroleum Refining (part 419).
The revisions would also expand the
list of general definitions in section
401.11.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4822;
Agency Contact: Debra Nicoll,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1020
Fax: 202 566-1053
Email: nicoll.debra@epa.gov
RIN: 2040-AE61
3355. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
AIRPORT DEICING OPERATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: None
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines Plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from airport deicing
operations. Based on- preliminary study
and on public comments, discharges
from deicing operations have the
potential to cause fish kills, algae
blooms, and contamination to surface
or ground waters. A likely source of
pollutants is aircraft deicing fluid
(ADF) that is not properly recaptured,
reused or treated before discharge.
Deicing agents typically contain glycols
and additives. There is great disparity
among airports in terms of wastewater
treatment and also in terms of
discharge permits. Based on
preliminary estimates, airports annually
discharge approximately 21 million
gallons of. ADF. Early estimates of
potential reductions from treatment
technology and from pollution
prevention practices indicate that those
discharges could be lowered to 4
million gallons. Effluent guidelines for
these operations would apply only to
wastewaters that are considered point
source discharges. Discharges that are
non-point sources would not be subject
to any potential effluent guidelines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
09/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948;
EPA Docket information: OW-2004-
0038
URL For More Information:
www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 1200 Pennsylvania Avenue,
Washington/DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
RIN: 2040-AE69
3356. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
DRINKING WATER SUPPLY AND
TREATMENT
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines Plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from drinking water
treatment plants. Based on preliminary
study and on public comments,
discharges from drinking water
facilities have the potential to discharge
significant quantities of conventional
and toxic pollutants, including metals,
chlorine, and salts. Some of the sources
of these pollutants are treatment
sludges and reverse osmosis reject
wastewaters. The preliminary data is
not conclusive, and additional study
and analysis of treatability is necessary
to determine whether pollutant
reductions are technologically feasible
and economically achievable. The early
steps of regulatory development,
especially gathering additional
discharge data, will be critical to better-
informed decisions on how to proceed.
EPA is preparing to conduct a study
of a representative sample of the
industry, along with wastewater
sampling of facilities representing
different size categories and treatment
technologies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
09/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4949;
EPA Docket information: OW-2004-
0035
URL For More Information:
www.epa.gov/waterscience/guide/dw/
index.htm
Agency Contact: Tom Born,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1001
Fax: 202 566-1053
Email: born.tom@epamail.epa.gov
RIN: 2040-AE74
3357. NEW/REVISED AMBIENT
WATER QUALITY CRITERIA (AWQC)
FOR RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
October 5, 2005.
Abstract: The results of four fresh
water (Great Lakes) epidemiology
studies and companion rapid fecal
indicator validation studies will be
analyzed and evaluated whether to be
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73975
EPA—Clean Water Act (CWA)
Long-Term Actions
used in establishing the criteria
recommended for certain fresh waters
designated for primary contact
recreation.
Timetable:
Action
Date
FR Cite
Draft Guidance To Be Determined
Final Guidance To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 4967;
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
3358. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
CHLORINE AND CHLORINATED
HYDROCARBON MANUFACTURING
PROCESS
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq
CFR Citation: 40 CFR 414 (Revision);
40 CFR 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering revising
the existing effluent guidelines and
standards for the manufacture of
chlorinated hydrocarbons and
elemental chlorine. We refer to this
industrial segment as chlorine and
chlorinated hydrocarbons
manufacturing, or CCH. Currently,
wastewater discharges from chlorinated
hydrocarbons manufacturing are subject
to the Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR part 414). The
wastewater discharges from chlorine
manufacturing through the chlor-alkali
manufacturing process are subject to
the Inorganic Chemicals Point Source
Category (40 CFR part 415). Based on
a preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin, and in the 2004 Effluent
Guidelines Program Plan, EPA
identified these two industrial sectors
as candidates for possible regulatory
revision. EPA has since expanded the
scope of this rulemaking study to
include all manufacturing processes
that produce elemental chlorine and
the manufacture.of chlorinated
hydrocarbons. Chlorinated
hydrocarbons that are regulated under
the Pesticide Chemicals Manufacturing
Point Source Category (40 CFR 455) or
the Pharmaceutical Manufacturing
Point Source Category (40 CFR 439) are
not included in the CCH manufacturing
segment. Preliminary estimates of the
scope of the rulemaking are that 60 to
70 facilities might be affected.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/08
03/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
This action was previously titled
Effluent Limitations Guidelines and
Standards for the Vinyl Chloride and
Chlor-Alkali Point Source Categories;
EPA Docket information: EPA-HQ-OW-
2005-0012
URL For More Information:
www.epa.gov/waterscience/guide/cch/
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
Paul Shriner, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@epa.gov
RIN: 2040-AE82
3359. • 2008 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 33 USC 1251,
et seq; 33 USC 301(d); 33 USC 304(b);
33 USC 304(g); 33 USC 304(m); 33 USC
306; 33 USC 307(b); 33 USC 1311(d);
33 USC 1314(b); 33 USC 1314(g); 33
USC 1314(m); 33 USC 1316; 33 USC
1317
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
December 2008, Final Plan.
Abstract: EPA publishes a final
Effluent Guidelines Plan every other
year after taking comment on a
preliminary plan, as required by
Section 304(m) of the Clean Water Act.
This Federal Register notice presents
EPA's preliminary Effluent Guidelines
Program Plan for 2008. This notice also
discusses EPA's annual review of
effluent limitations guidelines and
standards undertaken pursuant to
sections 304(b), 304(g), and 307(b).
EPA's 2008 Plan will identify
guidelines that may be revised or new
guidelines that may be developed, and
will provide a schedule for such
rulemaking.
Timetable:
Action
Proposed Plan
Final Plan
Date
02/00/08
12/00/08
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5064
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1035
Fax: 202 566-1053
Email: matuszko.jan@epamail.epa.gov
RIN: 2040-AE89
-------
73976
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3360. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Other Significant
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Completed:
Reason
Date
FR Cite
NPRM
NODA
Final Action
11/24/04 69 FR 68444
11/25/05 70 FR 71057
06/16/06 71 FR 35005
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Paul Shiiner
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@epa.gov
Janet Goodwin
Phone: 202 566-1060
Email: goodwin.janet@epa.gov
RIN: 2040-AD70
3361. AMENDMENTS TO NPDES
REGULATIONS FOR STORM WATER
DISCHARGES FROM OIL/GAS
EXPLORATION, PRODUCTION,
PROCESSING, OR TREATMENT
OPERATIONS, OR TRANSMISSION
FACILITIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 122.26
Completed:
Reason
Date
FR Cite
NPRM
Final Action
01/06/06 71FR894
06/12/06 71 FR 33628
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jack Faulk
Phone: 202 564-0768
Fax: 202 564-6431
Email: faulk.jack@epa.gov
Deborah Nagle
Phone: 202 564-1185
Fax: 202 564-6431
Email: nagle.deborah@epa.gov
RIN: 2040-AE81
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3362. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Other, Statutory,
February 6, 2008, The 1996 SDWA
Amendments require EPA to publish a
list of candidate contaminants every 5
years. Not a rulemaking.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every 5 years of
contaminants that are known or
anticipated to occur in public water
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRG) and,
as applicable, use the NRC approach
to identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs. If we identify additional
contaminants early in the evaluation
process, we may consider those
contaminants in the regulatory
determinations for 2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/07
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745;
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Yvette Selby, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby-
mohamadu.yvette@epamail.epa.gov
RIN: 2040-AD99
3363. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant.
, Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Final, Statutory,
August 6, 2006, SDWA requires
regulatory determinations every 5 years.
Last round was made in August 2003.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non-
regulated contaminants every 5 years,
which may warrant regulation due to
their health effects and their potential
for occurrence in public water systems
(PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2,1998
(63 FR 10247). The second CCL was
published on February 22, 2005 (70 FR
9017). In addition to publishing the
drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the second
CCL and determine whether to regulate
these contaminants with a National
Primary Drinking Water Regulation
(NPDWR). In order to make a
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73977
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
determination of whether to develop an
NPDWR for a contaminant, the SDWA
requires three statutory tests be met: 1)
The contaminant may have an adverse
effect on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: 1) Regulate the contaminant
with an NPDWR; 2) develop guidance
(e.g., Health or Consumer Advisory); or
3) determine no action is necessary.
Timetable:
Action Date FR Cite
Preliminary Notice 12/00/06
Final Notice 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4821;
URL For More Information:
www.epa.gov/safewater/ccl/index.html
Agency Contact: Wynne Miller,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
Thomas Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3364. UNREGULATED CONTAMINANT
MONITORING REGULATION FOR
PUBLIC WATER SYSTEMS REVISIONS
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141.40
Legal Deadline: Final, Statutory,
August 6, 2004, 5 years after UCMR 1.
Abstract: The 1996 amendments to the
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this action is to meet that
requirement by revising the National
Primary Drinking Water Regulations for
the UCMR by making minor
modifications to the current UCMR
program to improve its implementation,
to revise the lists of analyses to permit
a second round of monitoring, and to
approve the analytical methods needed
to perform this monitoring.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/22/05 70 FR 49093
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4770;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/August/Day-
22/wl6385.htm; EPA Docket
information: EPA-HQ-OW-2004-0001
URL For More Information:
www.epa.gov/ogwdw/ucmr/
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water, MS 140, Cincinnati, OH 45268
Phone: 513 569-7843
Email: munch.dave@epa.gov
Dan Hautman, Environmental
Protection Agency, Water, MS 140,
Cincinnati, OH 45268
Phone: 513 569-7274
Email: hautman.dan@epa.gov
RIN: 2040-AD93
3365. NATIONAL PRIMARY DRINKING
WATER REGULATIONS FOR LEAD
AND COPPER: SHORT-TERM
REGULATORY REVISIONS AND
CLARIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: SDWA: 42 USC sec
300f et seq
CFR Citation: 40 CFR 141, 40 CFR 142
Legal Deadline: None
Abstract: This action (proposed in the
Federal Register on July 18, 2006 (71
FR 40827)}, is minor as it makes minor
additions and clarifications to an
existing regulation. EPA undertook
several activities in 2004 to determine
whether a national problem exists
related to elevated drinking water lead
levels comparable to that in the District
of Columbia. This evaluation, while it
did not reveal a national problem
comparable to D.C., highlighted areas
for improvement and clarification to
the existing lead and copper rule and
associated guidance materials. Several
short-term actions will be initiated in
2005 and completed during the 2005-
2006 time frame. EPA also identified
several regulatory changes that will be
considered as part of identifying more
comprehensive changes to the rule.
These considerations are longer-term as
they require additional data collection,
research, analysis, and stakeholder
involvement to support decisions.
These longer-term regulatory changes
will be examined by a separate
workgroup under an additional
regulatory action. This action addresses
the regulatory revisions to be
completed in the 2005-2006 time frame.
Regulatory changes to be addressed
include: clarifications about sample
collection; clarifications to definitions
for monitoring and compliance periods;
modifications regarding public water
system notification to their state of
treatment changes prior to the change;
revisions to language related to criteria
for reduced monitoring; revisions to
language regarding consideration of
lead service line replacement for
compliance purposes; revisions to
language related to flushing guidance;
and additional requirements for
consumer notification of lead
monitoring results.
Timetable:
Action
Date FR Cite
NPRM
07/18/06 71 FR 40828
-------
73978
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
Action
Date
FR Cite
NPRM Comment 09/18/06
Period End
Final Action 09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 4981;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2006/July/Day-l 8/w62 5 0 .htm;
URL For More Information:
www. epa.gov/safewater/lcmr/
implement.html
Agency Contact: Jeffrey Kempic,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4880
Email: kempic.jeffrey@epa.gov
RIN: 2040-AE83
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3366. 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
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6,1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Abstract: In 1999, EPA proposed
regulations for radon which provide
flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Timetable:
Action
Date FR Cite
ANPRM
NPRM Original
Notice 99
NPRM
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 59246
05/00/09
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA publication information: NPRM -
http://www.epa.gov/egwdw/radon/
proposal.html; EPA Docket information:
EPA-HQ-OW-2003-0041
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
http://www.epa.gov/ogwdw/radon.html
Agency Contact: Rebecca Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4689,
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AA94
3367. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will re-
examine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3368. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the Federal Reformulated Gasoline
(RFG) and Oxyfuels programs required
by the Clean Air Act Amendments of
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73979
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
1990. However, MTBE has been
detected in ground water and drinking
water in a number of States due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
Presently, the Water program is
collecting and analyzing research
information on occurrence, health
effects, method sensitivity, and
treatment effectiveness.
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: None
Additional Information: SAN No. 4404;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 460 7M, Washington, DC 20460
Phone: 202 564-4699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3369. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND ADDITIONAL
DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42-USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register (68
FR 42907) Notice of Intent to revise the
TCR. EPA intends revisions to the TCR
to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks." The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR by adding
distribution system requirements. The
process to do so involves a performance
evaluation, development of issue
papers on both distribution systems
and total coliform, stakeholders
meetings, and proposed and final rules.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/08
12/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775;
URL For More Information:
www.epa.gov/safewater/tcr/tcr.html
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov
Jennifer Mclain, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5248
Fax: 202 564-3767
Email: mclain.jennifer@epamail.epa.gov
RIN: 2040-AD94
3370. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l,
SDWA 1422; 42 USC 300h-4, SDWA
1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason is to allow EPA to incorporate
by reference into the Code of Federal
Regulations the State program
authorities. Current citations to State
regulations in 40 CFR part 147 are out
' of date for many States. This update
is necessary to ensure that the CFR
accurately reflects current approved
State UIC programs and that elements
of those programs are federally
enforceable if necessary. EPA Regional
Offices will be submitting State
revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date FR Cite
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
SmaH Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236;
Agency Contact: Denny Cruz,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3827
Fax: 202 564-3756
Email: cruz.denny@epa.gov
Marilyn Ginsberg, Environmental
Protection Agency, Water, 4606M,
Washington, DC 20460
-------
73980 Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Phone: 202 564-3881
Fax: 202 564-3756
Email: ginsberg.marilyn@epa.gov
RIN: 2040-AD40
3371. DRINKING WATER
REGULATIONS FOR AIRCRAFT
PUBLIC WATER SYSTEM
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: The action is to tailor
drinking water rule requirements to the
unique characteristics of aircraft to
ensure that the water passengers drink
while on an airplane is safe. This
action is necessary because aircraft
public water systems are very different
from traditional public water systems.
Aircraft fly to multiple destinations
throughout the course of any given day
and may board water from different
sources along the way. Depending on
the quality of the water that is boarded
from these multiple sources and the
care used to board the water,
contamination could be introduced.
This increases the vulnerability of the
aircraft's water system to contamination
when compared to a typical public
water system. In the United States,
water loaded aboard passenger aircraft
comes from public water systems. The
water provided by public water systems
that are regulated by State and Federal
authorities is among the safest in the
world; however, a significant
percentage of passenger aircraft travel
includes international destinations.
These aircraft may board water from
foreign sources which are not subject
to EPA drinking water standards.
Therefore, this action also will address
the boarding of foreign water by U.S.
aircraft.
Timetable:
Action
Date
FR Cite
NPRM 12/00/07
Final Action 11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4966;
URL For More Information:
www.epa.gov/safewater/airlinewater/
index2.html
Agency Contact: Rick Naylor,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3847
Fax: 202 564-3847
Email: naylor.richard@epa.gov
RIN: 2040-AE84 •
3372. • SECOND 6-YEAR REVIEW OF
EXISTING NATIONAL PRIMARY
DRINKING WATER REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Statutory,
August 6, 2008, Complete review for
contaminants with NPDWRs
promulgated prior to August 2002.
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 6 years. According to SDWA, any
revisions of drinking water regulations
must maintain, or increase, the level of
public health protection provided;
however, EPA may identify regulatory
changes that will streamline or reduce
existing requirements without lessening
the level of public health protection.
As part of this action, the Office of
Water (OW) will implement the
existing protocol for conducting each 6
year review (developed under the first
6 year review cycle) to review critical
elements for regulated chemical
contaminants (e.g., health risks,
occurrence, analytical methods,
treatment technologies). 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 the review will be a
Federal Register notice making
available the results of the Agency's
review and recommendations for any
regulations the Agency may consider
revising.
Because this action does not change or
add to existing requirements, OW will
not be performing a formal economic
analysis or consulting with small
businesses, governments, or tribal
officials. OW does not plan to generate
new data as part of this action; the
review will be based on recent
compliance data from public water
systems and existing data on health
effects (such as completed IRIS and
OPPTS health risk assessments) and
analytical methods.
Timetable:
Action
Date FR Cite
Preliminary Notice
Final Notice
04/00/08
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entitles Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5066;
Agency Contact: Rebecca Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Rajiv Khera, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-4881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
-------
Federal Register/Vol. 71, No. 237/Monday, December 11, 2006/Unified Agenda
73981
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3373. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
Reason
Date
FR Cite
Final Action
11/08/06 71 FR 65574
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Crystal Rodgers
Phone: 202 564-5275
Fax: 202 564-3767
Email: rodgers.crystal@epamail.epa.gov
Tracy Bone
Phone: 202 564-5257
Fax: 202 564-3767
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AA97
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3374. 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. With regard to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820;
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 06-7683 Filed 12-08-06; 8:45 am]
BILLING CODE 6560-50-S
-------
-------
-------
A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610
REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the
periodic review of its rules that have a significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to review
in the next year. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this
edition.
3179 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (Section
610 Review)
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities.
Agencies meet that requirement by including the information in their submissions for the Unified Agenda.
The following index lists the regulatory actions in this publication for which EPA believes that the Act may
require a Regulatory Flexibility Analysis because the rule is likely to have such effects on small
businesses, small governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.) of
the entry identifies the location of the entry in this edition.
Businesses
102 Control of Emissions From Nonroad Spark-Ignition
Engines and Equipment
116Control of Hazardous Air Pollutants From Mobile
Sources
124Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
3211 Rule on Section 126 Petitions From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM L&03; Revisions to CAIR
Rule; Revisions to Acid Rain Program
3366 National Primary Drinking Water Regulations: Radon
3369Nationa Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirement
3190 National Primary Drinking Water
Regulations: Ground Water Rule
Governmental Jurisdictions
124 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 033; FIPs to Reduce
Interstate Transport of Fine PM * 03' Revisions to CAIR Rule;
Revisions to Acid Rain Program
3366 National Primary Drinking Water Regulations: Radon
3369 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3373 National Primary Drinking Water Regulations: Ground
Water Rule
Organizations
3170 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
3211 Rule on Section 126 Petition from NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to
Reduce Interstate Transport of Fine PM & 03; Revisions to
CAIR Rule; Revisions to Acid Rain Program
3373 National Primary Drinking Water Regulations: Ground
Water Rule
-------
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities.
Agencies meet that requirement by including the information in their submissions for the Unified Agenda.
Some agencies including EPA have chosen to identify additional regulatory actions that may have some
impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen to
indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may not
be required. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this
edition.
Businesses
98 Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
101 Control of Emissions From New Locomotives and New
Marine Diesel Engines Less Than 30 Liters per Cylinder
103 Implementing Periodic Monitoring in Federal and State
Operating Permits Program
107 Test Rule; Testing of Certain High Production Volume
(HPV) Chemicals
108 Pesticides; Competency Standards for Occupational
Users
109 Pesticides; Agricultural Worker Protection Standard
Revisions
110 Pesticides; Agricultural Container Recycling Program
115 NESHAP: Halogenated Solvent Cleaning -Residual Risk
Standards
123 Pesticides; Data Requirement for Conventional
Chemicals
127 Testing Agreement for Perfluorooctanoic Acid (PFOA)
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3012 Public Information and Confidentiality Regulations
3023 National VOC Emission Standards for Consumer
Products; Amendments
3024 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
3029 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
3031 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
3034 Area Source Standards—Clay Ceramics Industry
3035 Protection of Stratospheric Ozone: Modifications to the
Technician Certification Requirements Under Section 608 of
the Clean Air Act
3037 NESHAP for Stainless and Nonstainless Steel Electric
Arc Furnace (EAF) Manufacturing
3047 NESHAP Autobody Refinishing - Area Source Rule
3053 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
3061 New Source Performance Standards (NSPS):
Equipment Leaks-subpart W & GGG
3074 Review of New Sources and Modification in Indian
Country
3076 NSPS: SOCMI—Wastewater and Amendment to
Appendix C of Part 63 and Appendix J of Part 60
3078 Portland Cement Manufacturing Industry NESHAP:
Amendment to Implement Court Remand
3085 Federal Implementation Plan (FIP) for the
Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
3086 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard)
3087 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
3094 NESHAP: Oil and Natural Gas Production Facilities-
Area Source Rule
3100 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances in Foam
Blowing
3131 NESHAP: Group II Polymers and Resins—Residual
Risk Standards
3145 Area Source national Emission Standards for
hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
3146 NESHAP: area Source Standards—Plating and
Polishing
3165 NESHAP: Ethylene Oxide for Sterilization Facilities-
Residual Risk Standards
3169 NESHAP: Perchloroethylene Dry Cleaning Facilities
Residual Risk Standards
3176 3060 National Emission Standards for Chromium
Emissions From Hard and Decorative Chromium
Electroplating
and Chromium Anodizing Tanks—Residual Risk Standards
3183 Protection of Stratospheric Ozone: Various Minor
Amendments to the Regulations Implementing the Allowance
System for Controlling HCFC Production, Import and Export
3191 Protection of Stratospheric Ozone: Restriction on the
Sales of Pre-Charged Split Systems
3201 National Volatile Organic Compound Emission
Standards for Architectural Coatings-Amendments
3212 NESHAP: Plastic Parts and Products (Surface
Coating)—Area Source Rule
3229 Pesticides; Data Requirements for Antimicrobials
3233 Pesticides: Data Requirements for Plant-Incorporated
Protectants (PIPs)
3236 Regulations To Facilitate Compliance With the Federal
Insecticide, Fungicide, and Rodenticide Act by Producers of
Plant-Incorporated Protectants (PIPs)
3244 Pesticides; Registration Requirements for
Antimicrobial Pesticide Products
3246 Pesticide Management and Disposal; Standards for
Pesticide Containers and Containment
3247 Pesticides; Procedures for the Registration Review
Program
3249 Nanoscale Materials Under TSCA
3250 Polychlorinated Biphenyls (PCBs); Exemptions From
-------
the Prohibitions Against Manufacturing, Processing, and
Distribution in Commerce
3251 Test Rule; Certain Chemicals on the ATSDR Priority
List of Hazardous Substances
3253 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
3257 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
3259 Significant New Use Rule (SNUR); Chemical-Specific
SNURs to Extend Provisions of Section 5(e) Orders
3261TSCA Section 8(a) Preliminary Assessment Information
Rules
3262 TSCA Section 8 (d) health and Safety Data Reporting
Rules
3263 Follow-up Rules on Existing Chemicals
3264 Voluntary High Production Volume (HPV) Chemical
Challenge Program
3267 Testing Agreement for Diethanolamine
3268 Testing Agreement for Hydrogen Fluoride
3269 Testing Agreement for Phthalic Anhydride
3270 Testing Agreement for Maleic Anhydride
3273 Asbestos Model Accreditation Plan Revisions
3274 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs): Disposal of PCBs;
Implementation Issues
3276 Amendment to the Premanufacture Notification
Exemptions; Revisions of Exemption's for Polymers
3278 Future Testing for Existing Chemicals (Overview Entry)
3279 Test Rule; Hazardous Air Pollutants (HAPs)
3280 Test Rule; Certain Metals
3281 Testing Agreement for Certain Oxygenated Fuel
Additives
3282 Test Rule; Multiple Substance Rule for the Testing of
Developmental and Reproductive Toxicity
3283 Significant New Use Rule (SNUR); Refractory Ceramic
Fibers (RCFs)
3284 TSCA Policy Statement on Oversight of Transgenic
Organisms (including Plants)
3285 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazardous in Target Housing
3286 Testing Agreement for Aryl Phosphates (ITC List 2)
3287 Test Rule; Brominated'Flame Retardants (BFRs)
3289 Significant New Use Rule (SNUR); Certain
Polybrominated Diphenyl Ethers (PBDEs)
3292 TRI; Response to Petition To Delete Chromium,
antimony, and Titanate From the Medal Compound
Categories Listed on the Toxics Release Inventory .
3293 TRI; Response to Petition To Delete Acetonitrile From
the Toxics Release Inventory List of Toxic Chemicals
3294 Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxin and
Dioxin-like Compounds Category Under EPCRA, Section 313
3297 Clarify TRI Reporting Obligations Under EPCRA
Section 313 for the Metal Mining Activities of Extraction and
Beneficiation
3298 TRI; Response to Petition To Add Diisononyl Phthalate
to the Toxics Release inventory List of Toxic Chemicals
3303 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
3315 Standards for Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
3320 Revisions of the Lead-Acid Battery Export Notification
and Consent Requirements
3346 Revisions to the National Oil and Hazardous
substances Pollution Contingency Plan: Subpart J Product
Schedule Listing Requirements
3358 Effluent Limitations Guidelines and Standards for
Chlorine and Chlorinated hydrocarbon Manufacturing
Process
3367 National Primary Drinking Water Regulation Aldicarb
3374 Shore Protection Act, Section 4103(b) Regulations
Governmental Jurisdictions
130 National Pollutant Discharge Elimination System Permit
Requirements for Peak Wet Weather discharges from
Publicly Owned Treatment Work Treatment Plants Serving
Sanitary Serer Collection Systems Policy
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3031 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
3047 NESHAP Autobody Refinishing - Area Source Rule
3053 Federal Plan Requirements'for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
3074 Review of New Sources and Modifications in Indian
Country
3181 Ambient Air Quality Monitoring Regulations: Revisions
3215 CAMR 111 Reconsideration
3263 Follow-Up Rules on Existing Chemicals
3264 Voluntary High Production Volume (HPV) Chemical
Challenge Program
3273 Asbestos Model Accreditation Plan Revisions
3274 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3215 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
3336 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3364 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3365 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3367 National Primary Drinking Water Regulations: Aldicarb
3374 Shore Protection Act, Section 4103(b) Regulations
Organizations
3309 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3031 Area Source National Emission Standards for
hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
3274 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3284 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants
3285 Lead-Based Paint; Amendments.to Requirements for
Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
3315 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
3367 National Primary Drinking Water Regulations: Aldicarb
J
-------
D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30,1993 (58 FR
51735) and the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the effects
of Federal regulations on State, local, and tribal governments. In keeping with these efforts, agencies
include in their submissions for the Unified Agenda information on whether their regulatory actions have
an effect on various levels of government. See also Index E for entries that may have "federalism
implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4,1999 (64 FR
43255).
The following index lists the regulatory actions in this publication that 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.
Mexico (Phase III-VI)
State 3017 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
99 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power producers
103 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
104 Review of the National Ambient Air Quality Standards for
Ozone
105 Prevention of Significant Deterioration, Nonattainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
108 Pesticides; Competency Standards for Occupational
Users
111 Revisions to the Spill Preventions, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 112
112 Expanding the Comparable Fuels Exclusion under
RCRA
113 Definition of Solid Wastes Revisions
117 Clean Air Fine Particle Implementation Rule
118 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Aggregation and
Debottlenecking, Aggregation and Project Netting
122 Final Rule for Implementation of the New Source Review
(NSR) Program for PM 2.5
123 Pesticides; Data Requirements for Conventional
Chemicals
124 Lead-Based Paint Activities; amendments for
Renovation, Repair, and Painting
125 Pesticides: Data Requirements for Biochemical and
Microbial Products
128 Hazardous Waste Manifest Revisions-Standards and
Procedures for Electronic Manifest
129 Oil Pollution Prevention: spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
130 National Pollutant Discharge Eliminations System Permit
Requirements for Peak Wet Weather Discharges from
Publicly Owned Treatment Work Treatment Plants Serving
Sanitary Sewer Collection Systems Policy
131 Concentrated Animal Feeding Operation Rule
132 Water Transfers Rule
133 Implementation Guidance for Mercury Water Quality
Criteria
134 Toxics Release Inventory Reporting Burden Reduction
Rule
3003 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3011 Project XL Site Specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in La Cruces, New
Mexico (Phase l-ll)
3015 Project XL Site Specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in La Cruces, New
3023 National VOC Emission Standards for Consumer
Products; Amendments
3032 Flexible Air Permit Rule
3039 NESHAP: General Provisions (Once In Always In) -
Amendments
3042 NESHAP: Taconite Iron Ore Processing; Amendments
3043 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
3047 NESHAP: Autobody Refinishing - Area Source Rule
3053 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
3057 Transition to New or Revised Particulate Matter (PM)
National Ambient Air Quality Standards
3058 Revisions to the Definition of Potential to Emit (PTE)
3059 Control of Air Pollution From New Motor Vehicles and
New Motor Vehicle Engines: SAFETEA-LU-HOV Facilities
Rule
3064 Revision to Definition of Volatile Organic Compounds-
Exclusion of Compounds
3067 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU
3071 Clean Air Mercury Rule; Federal Plan
3072 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
3073 General Conformity Regulation; Revisions
3080 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
3086 NESHAP: National Emission Standards for Hazardous
Air Pollutants; Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standards)
3087 3086 NESHAP: National Emission Standards for
Hazardous Air Pollutants; Standards for Hazardous Waste
Combustors (Response to Petitions for Reconsideration)
3098 Nonattainment Major New Source Review (NSR): Final
Rules
3103 Standards of Performance for New Stationary Sources,
Emission Guidelines for Existing Sources, and Federal Plan;
Small Municipal Waste Combustors: Amendments
3104 Revisions to Air Emissions Reporting Requirements
3105 Implementation Rule for 8-Hour Ozone NAAQA:
Reconsiderations; Overwhelming Transport Classification
3108 Treatment of Data Influenced by Exceptional Events
3113 Interpretive Rulemaking to Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
3115 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
-------
3119 Final Extension of the Deferred Effective Date of
Nonattainment Designations for 8-Hour Ozone National
Ambient Air Quality Standards for Early Action Compact
Areas
3122 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
3130 Prevention of Significant Deterioration of Air Quality:
Permit Application Review Procedures for Non-Federal Class
I Areas
3135 Inspection/Maintenance Program Requirements for
Federal Facilities; Amendment to the Final Rule
3138 Lifting the Stay of the 8-Hour Portion of the Findings of
Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport ("NOx SIP Call")
3147 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMEE):
Maintenance and Repair Amendments
3149 Standards of Performance for Stationary Spark Ignited
Internal Combustion Engines
3150 National Emission Standards for hazardous Air
Pollutants: Polyvinyl Chloride and Copolymers Production,
Amendments
3159Review of the National Ambient Air Quality Standards
for Particulate Matter
3163 NESHAP: Printing and Publishing Industry;
Amendments
3169 NESHAP: Perchloroethylene Dry Cleaning Facilities
Residual Risk Standards
3176 National Emission Standards for Chromium Emissions
From Hard and Decorative Chromium Electroplating and
Chromium anodizing Tanks -Residual Risk Standards
3180 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Revising the Effective Date of the Particular Matter Standard
Amendment)
3181 Ambient Air Quality Monitoring Regulations: Revisions
3184 NESHAP: Ferroallorys Production: Ferromanganese
and Silicomanganese Residual Risk Standards
3186 Ambient Air Quality Monitoring Regulations: Revisions
3188 NESHAP: Pharmaceuticals Production: Residual Risk
Standards
3193 Amendments to Vehicle Inspection and Maintenance
Program Requirements to Address New 8-Hoiir Ozone
Standard
3199 Prevention of Significant Deterioration for Nitrogen
Oxides
3206 Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
3208 Part 64 General Provisions - Response to Petition to
Reconsider SSM
3210 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM & 03; Revisions to CAIR
Rule; Revisions To Acid Rain Program
3213 Regional Haze Regulations; Revisions to Provisions
Governing Alternative to Source-Specific Best Available
Retrofit Technology (BART) Determinations
3215 CAMR 111 Reconsideration and Revision of 112(n)
Finding Reconsideration
3216 Revision of 112 (n) Finding Reconsideration
3219 PM2.5 De Minimis Emission Levels for General
Conformity Applicability
3233 Pesticides; Data Requirements for Plant-Incorporated
Protectants (PIPs)
3239 Groundwater and Pesticide Management Plan Rule
3249 Nanoscale Materials Under TSCA
3253 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
3273 Asbestos Model Accreditation Plan Revisions
3274 Lead-Based Paint Activities; Bridges and Structure;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs): Implementation
Issues
3285 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint hazards in Target Housing
3289 Significant New Use Rule (SNUR); Certain
Polybrominated Diphenyl Ethers (PBDEs)
3292 TRI; Response to Petition to Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
3293 TRI; Response to Petition To Delete Acetonitril From
the Toxics Release Inventory List of Toxic Chemicals
3294Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxin and
Dioxin-like Compounds Category Under EPCRA, Section 313
3296 Emergency Planning and Community Right-to-Know
Act: amendments and Streamlining Rule3298 TRI; Response
to Petition To Add diisononyl Phthalate to the Toxics Release
Inventory List of Toxic Chemicals
3299 Rulemaking To Change Toxic Release Inventory (TRI)
Reporting Requirements from Standard Industrial
Classification (SIC) Codes to North American Industrial
Classification System (NAICS) Codes
3303 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
3304 Land disposal Restrictions: Modifying the Land
Disposal Treatment Standard for
Radioactive Lead Solids and hazardous Debris; Definition of
Macroencapsulation
3309 Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction,
New York
3310 RCRA Incentives for Performance Track Member
3311 3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM & 03; Revisions to CAIR
Rule; Revisions To Acid Rain Program
3312 Regulation of Oil-Bearing Hazardous Secondary
Materials From the Petroleum Refining Industry Processed in
a Gasification System to Produce Synthesis Gas
3314 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
3315 Standard for the Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
3316 RCRA Smarter Waster Reporting
3317 EOCycling Pilot Project for Region 3 States (EGOS);
Streamlining RCRA Regulations To Encourage Reuse,
Recycling, and Recovery of Electronic Equipment
3322Revisions to Solid Waste Landfill Criteria-Leachate
Recirculation on Alternative Liners
3323 Recycling of Cathode Ray Tubes (CRTs); Changes to
Hazardous Waste Regulations
3325 Revisions to the Definition of Solid Waste Final Rule
3326 Extension of Site-specific Regulations for NE Labs XL
Projects
3329 National Priorities List for Uncontrolled Hazardous
Waste Sites: Proposed and Final Rule
3330 Revise 40 CRE Part 35 Subpart O: Cooperative
Agreements and Superfund State Contracts for Superfund
Response Actions
3332 National Contingency Plan Revisions to Align With the
National Response Plan
3335 Uniform National discharge Standards for Vessels of
the Armed Forces-Phase II
3336 NPDES Permit Requirements for Municipal Sanitary
-------
and Combined Sewer Collection Systems; Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3337 Availability of and Procedures for Removal Credits
3338 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3342 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3346 Revisions to the National Oil and hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
3347 Effluent Guidelines and Standards for the Pulp, Paper,
and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
3348 Test Procedures for the Analysis of Trace Metals Under
the Clean Water Act
3349 Test Procedures; Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3350 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3351 Test Procedures for the Analysis of Co-Planar and
Non-OrthO-Substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3352 NPDES Applications Revisions
3354 Effluent Guidelines and Standards: Rectification of
Various Effluent Guidelines
3357 New/Revised Ambient Water Quality Criteria (AWQC)
for Recreational Waters
3360 Minimizing Adverse Environmental Impact From
Cooling Water Intake Structures at Existing Facilities Under
Section 316(b) of the Clean Water Act, Phase3
3364 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3365 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3366 National Primary Drinking Water Regulations: Radon
3367 National Primary Drinking Water Regulations: Aldicarb
3369 National Primary Drinking Water Regulations:
Revisions to the Total Conform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3370 Underground Injection Control: Update of State
Programs
3373 National Primary Drinking Water Regulations: Ground
Water Rule
Local
99 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
103 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
104 Review of the National Ambient Air Quality Standards for
Ozone
105 Prevention of Significant Deterioration, Nonattainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
108 Pesticides; Competency Standards for Occupational
Users
111 Revisions to the Spill Preventions, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 112
112 Expanding the Comparable Fuels Exclusion under
RCRA
113 Definition of Solid Wastes Revisions
117 Clean Air Fine Particle Implementation Rule
118 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Aggregation and
Debottlenecking, Aggregation and Project Netting
122 Final Rule for Implementation of the New Source Review
(NSR) Program for PM 2.5
124 Lead-Based Paint Activities; amendments for
Renovation, Repair, and Painting
129 Oil Pollution Prevention: spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
130 National Pollutant Discharge Eliminations System Permit
Requirements for Peak Wet Weather Discharges from
Publicly Owned Treatment Work Treatment Plants Serving
Sanitary Sewer Collection Systems Policy
3003 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3017 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
3023 National VOC Emission Standards for Consumer
Products; Amendments
3032 Flexible Air Permit Rule
3039 NESHAP: General Provisions (Once In Always In) -
Amendments
3043 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
3047 NESHAP: Autobody Refinishing - Area Source Rule
3053 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
3057 Transition to New or Revised Paniculate Matter (PM)
National Ambient Air Quality Standards
3067 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
3071 Clean Air Mercury Rule: Federal Plan
3072 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
3080 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
3098 Nonattainment Major New Source Review (NSR): Final
Rules
3103 Standards of Performance for New Stationary Sources,
Emission Guidelines for Existing Sources, and Federal Plan;
Small Municipal Waste Combustors: Amendments
3104 Revisions to Air Emissions Reporting Requirements
3105 Implementation Rule for 8-Hour Ozone NAAQA:
Reconsiderations; Overwhelming Transport Classification
3108 Treatment of Data Influenced by Exceptional Events
3113 Interpretive Rulemaking to Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
3115 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V:. Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
3119 Final Extension of the Deferred Effective Date of
Nonattainment Designations for 8-Hour Ozone National
Ambient Air Quality Standards for Early Action Compact
Areas
3122 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
3137 Section 126 Rule: Withdrawal of Findings for Sources
in Michigan
3138 Lifting the Stay of the 8-Hoour Portion of the Findings of
Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport ("NOx SIP Call")
3140 NESHAP & NSPS for Municipal Solid Waste Landfills-
Amendments
-------
3147 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMEE):
Maintenance and Repair Amendments
3149 Standards of Performance for Stationary Spark Ignited
Internal Combustion Engines
3163 NESHAP: Printing and Publishing Industry;
Amendments
3169 NESHAP: Perchloroethylene Dry Cleaning Facilities
Residual Risk Standards .
3181 Ambient Air Quality Monitoring Regulations: Revisions
3186 Ambient Air Quality Monitoring Regulations: Revisions
3199 Prevention of Significant Deterioration for Nitrogen
Oxides
3206 Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
3208 Part 64 General Provisions - Response to Petition to
Reconsider SSM
3210 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM & 03; Revisions to CAIR
Rule; Revisions To Acid Rain Program
3213 Regional Haze Regulations; Revisions to Provisions
Governing Alternative to Source-Specific Best Available
Retrofit Technology (BART) Determinations
3215 CAMR 111 Reconsideration and Revision of 112(n)
Finding Reconsideration
3216 Revision of 112 (n) Finding Reconsideration
3273 Asbestos Model Accreditation Plan Revisions
3275 Polychlorinated Biphenyls (PCBs): Implementation
Issues
3285 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint hazards in Target Housing
3296 Emergency Planning and Community Right-to-Know
Act: amendments and Streamlining Rule
3311 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
3314 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
3315 Standards for the Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
3316 RCRA Smarter Waste Reporting
3317 E-Cycling Pilot Project for Regional 3 States (ECOS):
Streamlining RCRA Regulations To Encourage Reuse,
Recycling, and Recovery of Electronic Equipment
3322 Revisions to Solid Waste Landfill Criteria—Leachate
Recirculation on Alternative Liners
3323 Recycling of Cathode Ray Tubes (CRTs): Changes to
Hazardous Waste Regulations
3325 Revisions to the Definition of Solid Waste Final Rule
3326 Extension of Site-specific Regulations for NE Labs XL
Project
3329 National Priorities List for Uncontrolled Hazardous
Waste Sites: Proposed and Final Rules
3330 Revise 40 CRE Part 35 Subpart O: Cooperative
Agreements and Superfund State Contracts for Superfund
Response Actions
3332 National Contingency Plan Revisions to Align With the
National Response Plan
3335 Uniform National discharge Standards for Vessels of
the Armed Forces-Phase II
3336 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems; Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3337 Availability of and Procedures for Removal Credits
3338 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3342 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3348 Test Procedures for the Analysis of Trace Metals Under
the Clean Water Act
3349 Test Procedures; Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3350 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3351 Test Procedures for the Analysis of Co-Planar and
Non-OrthO-Substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3352 NPDES Applications Revisions
3354 Effluent Guidelines and Standards: Recodification of
Various Effluent Guidelines
3360 Minimizing Adverse Environmental Impact From
Cooling Water Intake Structures at Existing Facilities Under
Section 316(b) of the Clean Water Act, Phases
3364 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3365 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3366 National Primary Drinking Water Regulations: Radon
3367 National Primary Drinking Water Regulations: Aldicarb
3369 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3373 National Primary Drinking Water Regulations: Ground
Water Rule
3374 Shore Protection Act, Section 4103(b) Regulations
Tribal
99 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
103 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
104 Review of the National Ambient Air Quality Standards for
Ozone
105 Prevention of Significant Deterioration, Nonattainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
108 Pesticides; Competency Standards for Occupational
Users
111 Revisions to the Spill Preventions, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 112
117 Clean Air Fine Particle Implementation Rule
122 Final Rule for Implementation of the New Source Review
(NSR) Program for PM 2.5
124 Lead-Based Paint Activities; amendments for
Renovation, Repair, and Painting
129 Oil Pollution Prevention: spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
130 National Pollutant Discharge Eliminations System Permit
Requirements for Peak Wet Weather Discharges from
Publicly Owned Treatment Work Treatment Plants Serving
Sanitary Sewer Collection Systems Policy
133 Implementation Guidance for Mercury Water Quality
Criteria
3003 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3023 National VOC Emission Standards for Consumer
Products; Amendments
-------
3032 Flexible Air Permit Rule
3039 NESHAP: General Provisions (Once In Always In) -
Amendments
3043 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
3053 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
3057 Transition to New or Revised Particulate Matter (PM)
National Ambient Air Quality Standards
3058 Revisions to the Definition of Potential to Emit (PTE)
3071 Clean Air Mercury Rule: Federal Plan
3072 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
3073 General Conformity Regulations; Revisions
3074 Review of New Sources and Modification in Indian
Country
3080 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
3086 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard)
3087 NESHAP National Emission Standards for Hazardous
air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
3098 Nonattainment Major New Source Review (NSR): Final
Rules
3105 Implementation Rule for 8-Hour Ozone NAAQA:
Reconsiderations; Overwhelming Transport Classification
3108 Treatment of Data Influenced by Exceptional Events
3113 Interpretive Rulemaking to Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
3115 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
3122 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
3126 Source-Specific Federal Implementation Plan for
Navajo Generating Station; Navajo Nation
3130 Prevention of Significant Deterioration of Air Quality;
Permit Application Review Procedures for Non-Federal Class
I Areas
3140 NESHAP & NSPS for Municipal Solid Waste Landfills-
Amendments
3147 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMEE):
Maintenance and Repair Amendments
3159 Review of the National Ambient Air Quality Standards
for Particulate Matter
3180 NESHAP: National Emission Standards for hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Revising the Effective Date of the Particulate Matter
Standards Amendment)
3181 Ambient Air Quality Monitoring Regulations: Revisions
3186 5-Year Review of MSCT Standards for Large MWC
3199 Prevention of Significant Deterioration for Nitrogen
Oxides
3208 Part 64 General Provisions - Response to Petition to
Reconsider SSM
3210 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM & 03; Revisions to CAIR
Rule; Revisions To Acid Rain Program
3233 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
3213 Regional Haze Regulations; Revisions to Provisions
Governing Alternative to Source-Specific Best Available
Retrofit Technology (BART) Determinations
3215 CAMR111 Reconsideration and Revision of 112(n)
Finding Reconsideration
3216 Revision of 112 (n) Finding Reconsideration
3219 PM2.5 DeMinimis Emission Levels for General
Conformity Applicability
3239 Groundwater and Pesticide Management Plan Rule
3273 Asbestos Model Accreditation Plan Revisions
3274 Lead-Based Paint Activities; Bridges and Structure;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs): Implementation
Issues
3285 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint hazards in Target Housing
3314 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
3315 Standards for the Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
3316 RCRA Smarter Waste Reporting
3322 Revisions to Solid Waste Landfill Criteria—Leachate
Recirculation on Alternative Liners
3323 Recycling of Cathode Ray Tubes (CRTs): Changes to
. Hazardous Waste Regulations
3330 Revise 40 CRE Part 35 Subpart O: Cooperative
Agreements and Superfund State Contracts for Superfund
Response Actions
3332 National Contingency Plan Revisions to Align With the
National Response Plan
3335 Uniform National discharge Standards for Vessels of
the Armed Forces-Phase II
3336 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems; Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3338 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3342 Rulemaking on Direct Application of Pesticides to
Waters of the united States in Compliance with FIFRA
3348 Test Procedures for the Analysis of Trace Metals Under
the Clean Water Act
3349 Test Procedures; Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3350 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3351 Test Procedures for the Analysis of Co-Planar and
Non-OrthO-Substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3352 NPDES Applications Revisions
3357 New/Revised Ambient Water Quality Criteria (AWQC)
for Recreational Waters
3360 Minimizing Adverse Environmental Impact From
Cooling Water Intake Structures at Existing Facilities Under
Section 316(b) of the Clean Water Act, Phases
3364 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3366 National Primary Drinking Water Regulations: Radon
3367 National Primary Drinking Water Regulations: Aldicarb
3369 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3373 National Primary Drinking Water Regulations: Ground
Water Rule
-------
Federal
99 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
101 Control of Emissions From New Locomotives and New
marine Diesel engines Less than 30 Liters per Cylinder
103 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
104 Review of the National Ambient Air Quality Standards for
Ozone
105 Prevention of Significant Deterioration, Nonattainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
107 Test Rule; Testing of Certain High Production Volume
(HPV) Chemicals
108. Pesticides; Competency Standards for Occupational
Users
111 Revisions to the Spill Preventions, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 112
112 Expanding the Comparable Fuels Exclusion under
RCRA
113 Definition of Solid Wastes Revisions
115 NESHAP: halogenated Solvent Cleaning -Residual Risk
Standards
117 Clean Air Fine Particle Implementation Rule
118 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Aggregation and
Debottlenecking, Aggregation and Project Netting
119 Fuel Economy Labeling of Motor Vehicles: Revisions to
Improve Calculation of Fuel Economy Estimates
120 Amendment of the Standards for Radioactive Waste
Disposal in Yucca Mountain, Nevada
122 Final Rule for Implementation of the New Source Review
(NSR) Program for PM 2.5
123 Pesticides, Data Requirements for Conventional
Chemicals
124 Lead-Based Paint Activities; amendments for
Renovation, Repair, and Painting
125 Pesticides; Data Requirements for Biochemical and
Microbial Products
126 Notification of Chemicals Exports under TSCA Section
12(b)
127 Testing Agreement for Perfluorooctanoic Acid (PFOA)
128 Hazardous Waste Manifest Revisions-Standards and
Procedures for Electronic Manifests
129 Oil Pollution Prevention: spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
131 Concentrated Animal Feeding Operation Rule
134 Toxics Release Inventory Reporting Burden Reduction
Rule
3005 Security Requirements for Toxic Substances Control
Act Confidential Business Information Access for Contractors
3009 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
3011 Project XL Site Specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases l-ll)
3012 Public Information and Confidentiality Regulations
3015 Project XL Site Specific Rulemaking for the NASA
White Sands Test Facility in Las Cruces, New Mexico
(Phases III-VI)
3017 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
3023 National VOC Emission Standards for Consumer
Products; Amendments
3028 Protection of Stratospheric Ozone: Amendments to the
Section 608 Leak Repair Regulations
3029 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
3032 Flexible Air Permit Rule
3039 NESHAP: General Provisions (Once In Always In) -
Amendments
3040 NESHAP: Defense Land Systems and Miscellaneous
Equipment
3043 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
3047 NESHAP: Autobody Refinishing - Area Source Rule
3053 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
3054 Protection of Stratospheric Ozone: Amending
Requirements To Import Used Ozone-Depleting Substances
for Destruction in the United States
3057 Transition to New or Revised Particulate Matter (PM)
National Ambient Air Quality Standards
3058 Revisions to the Definition of Potential to Emit (PTE)
3064 Revision to definition of Volatile Organic Compounds-
Exclusion of Compounds
3067 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
3073 General Conformity Regulations; Revisions
3074 Review of New Sources and Modification in Indian
Country
3080 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
3086 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard
3087 NESHAP National Emission Standards for Hazardous
air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration
3096 Protection of Stratospheric Ozone: Import Petitioning
Requirements for Halon-1301 Aircraft Fire Extinguishing
Vessels
3098 Nonattainment Major New Source Review (NSR): Final
Rules
3103 Standards of Performance for New Stationary Sources,
Emission Guidelines for Existing Sources, and Federal Plan:
Small Municipal Waste Combustors: Amendments
3108 Treatment of Data Influenced by Exceptional Events
3113 Interpretive Rulemaking to Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
3115 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
3119 Final Extension of the Deferred Effective Date of
Nonattainment Designations for 8-Hour Ozone National
Ambient Air Quality Standards for Early Action Compact
Areas
3122 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
3135 Inspection/Maintenance Program Requirements for
Federal Facilities; Amendment to the Final Rule
3137 Section 126 Rule: Withdrawal of Findings for Sources
in Michigan
3147 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMEE):
Maintenance and Repair Amendments
3150 National Emission Standards for Hazardous Air
Pollutants: Polyvinyl Chloride and Copolymers Production,
Amendments
3159 Review of the National Ambient Air Quality Standards
for Particulate Matter
3162 Update of Continuous Instrumental Test Methods
3163 NESHAP: Printing and Publishing Industry;
-------
Amendments
3164 NESHAP: Aerospace Manufacturing and Rework
Facilities Residual Risk Standards
3169 NESHAP: Perchtoroethylene Dry Cleaning Facilities
Residual Risk Standards
3176 National Emission Standards for Chromium Emissions
From Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks—Residual Risk Standards
3180 NESHAP: National Emission Standards for hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Revising the Effective Date of the Particulate Matter
Standards Amendment)
3184 NESHAP: Ferroalloys Production: Ferromanganese
and Silicomanganese Residual Risk Standards
3186 5-Year Review of MSCT Standards for Large MWC
3188 NESHAP: Pharmaceuticals Production: Residual Risk
Standards
3199 Prevention of Significant Deterioration for Nitrogen
Oxides
3208 Part 64 General Provisions - Response to Petition to
Reconsider SSM
3210 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
3211 Rule on Section 126 Petition From NC to Reduce
Interstate Transport of Fine PM and 03; FIPs to Reduce
Interstate Transport of Fine PM & 03; Revisions to CAIR
Rule; Revisions To Acid Rain Program
3213 Regional Haze Regulations; Revisions to Provisions
Governing Alternative to Source-Specific Best Available
Retrofit Technology (BART) Determinations
3215 CAMR 111 Reconsideration and Revision of 112(n)
Finding Reconsideration
3216 Revision of 112 (n) Finding Reconsideration
3219 PM2.5 DeMinimis Emission Levels for General
Conformity Applicability
3224 Environmental Radiation Protection Standards for the
Disposal of Low-Activity Mixed Radioactive Waste
3225 Technical Change to Dose Methodology for 40 CFR
190, Subpart B and 40 CFR 191, Subpart A
3228 Pesticides; Determination of Status of Prions as Pests
3229 Pesticides; Data Requirements for Antimicrobials
3230 Plant Incorporated Protectants (PIPs); Exemption for
Those Based on Viral Coat Protein Genes
3233 Pesticides; Data Requirements for Plant-Incorporated
Protectants (PIPS)
3239 Groundwater and Pesticide Management Plan Rule
3240 Pesticides Tolerance Processing Fees
3241 Plant Incorporated Protectants (PIPs) Exemption for
Those Derived Through Genetic Engineering From Sexually
Compatible Plants
3242 Plants Incorporated Protectants (PIPs); Exemption for
PIPs That Act by Primarily Affecting the Plant
3244 Pesticides; Registration Requirements for Antimicrobial
Pesticide Products
3245 Pesticides; Tolerance Reassessment Program
3246 Pesticides; Management and Disposal; Standards for
Pesticide Containers and Containment
3247 Pesticides; Procedures for the Registration Review
Program
3248 Voluntary Children's Chemical evaluation Program
(VCCEP)
3249 Nanoscale Materials Under TSCA
3250 Polychlorinated Biphenyls (PCBs); Exemption From the
Prohibitions Against Manufacturing, Processing, and
Distribution in Commerce
3251 Test Rule; Certain chemicals on the ATSDR Priority List
of Hazardous Substances
3253 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
3255 Polychlorinated Biphenyls (PCBs); Exemption Request
From U.S. Maritime Administration (MARAD)
3257 Lead Fishing Sinkers; Response to Citizens Petition
and Proposed Ban
3263Follow-Up Rules on Existing Chemicals
3264 Voluntary High Production Volume (HPV) Chemical
Challenge Program
3267 Testing Agreement for Diethanolamine
3268 Testing Agreement for Hydrogen Fluoride
3269 Testing Agreement for Phthalic Anhydride
3270 Testing Agreement for Maleic Anhydride
3273 Asbestos Model Accreditation Plan Revisions
3274 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3275 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3278Future Testing for Existing Chemicals (Overview Entry)
3279 Test Rule; Hazardous Air Pollutants (HAPs)
3280 Test Rule; Certain Metals
3282 Test Rule; Multiple Substance Rule for the Testing of
Developmental and Reproductive Toxicity
3284 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants)
3285 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
3286 Testing Agreement for Aryl Phosphates (ITC List 2)
3287 Test Rule; Brominated Flame Retardants (BFRs)
3289 Significant New Use Rule (SNUR); Certain
Polybrominated Diphenyl Ethers (PBDEs)
3290 TSCA Inventory Update Reporting Rule; Electronic
Reporting
3292 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
3293 TRI; Response to Petition To Delete Acetonitrile From
the Toxics Release Inventory List of Toxic Chemicals
3294 Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxin and
Dioxin-like Compounds Category Under EPCRA, Section 313
3298 TRI; Response to Petition To Add Dilsononyl Phthalate
to the Toxics Release Inventory List of Toxic Chemicals
3299 Rulemaking to Change Toxic Release Inventory (TRI)
Reporting Requirements From Standards Industrial
Classification (SIC) Codes to North American Industrial
Classification System (NAICS) Codes
3303 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
3304 Land Disposal Restrictions: Modifying the Land
Disposal Treatment Standard for Radioactive Lead Solids
and Hazardous Debris; Definition of Macroencapsulation
3309 Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction,
New York
3310 RCRA Incentives for Performance Track Members
3311 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
3314 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
3315 Standards for the Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
3316 RCRA Smarter Waste Reporting
3317 E-Cycling Pilot Project for Region 3 States (ECOS);
Streamlining RCRA Regulations To encourage Reuse,
Recycling, and Recovery of Electronic Equipment
3318 Revisions for Transboundary Shipments of Hazardous
Waste for Recovery Within the Organization for Economic
Cooperation and Development
3320 Revisions of the Lead-Acid Battery Export Notification
and Consent Requirements
3323 Recycling of Cathode Ray Tubes (CRTs): Changes to
-------
Hazardous Waste Regulations
3325 Revisions to the Definition of Solid Waste
3329 National Priorities List for Uncontrolled Hazardous
Waste Sites: Proposed and Final Rules
3330 Revise 40 CFR Part Subpart O: Cooperative
Agreements and Superfund State Contracts for Superfund
Response Actions
3332 National Contingency Plan Revisions to Align With the
National Response Plan
3335 Uniform National Discharge Standards for Vessels of
the Armed Forces-Phase II
3337 Availability of and Procedures for Removal Credits
3338 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3342 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3346 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements .
3347 Effluent Guidelines and Standards for the Pulp, Paper,
and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
3348 Test Procedures for the Analysis of Trace Metals Under
the Clean Water Act
3349 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3350 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3351 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3352 NEDES Applications Revisions
3354 Effluent Guidelines and Standards: Rectification of
Various effluent Guidelines
3360 Minimizing Adverse Environmental Impact From
Cooling Water Intake Structures at Existing Facilities Under
Section 316(b) of the Clean Water Act, Phase 3
3364 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3366 National Primary Drinking Water Regulations: Radon
3367 National Primary Drinking Water Regulations: Aldicarb
3369 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3370 Underground Injection Control: Update of State
Programs
3371 Drinking Water Regulations for Aircraft Public Water
System
3373 Nations Primary Drinking Water Regulations: Ground
Water Rule
3374 Shore Protection Act, Section 4103(b) Regulations
-------
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism," signed August 4,1999 (64 FR 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." The
following index lists the regulatory actions in this publication that may have federalism implications. The
Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
3262 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
3292 National Primary Drinking Water Regulations: Radon
-------
-------
------- |