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Semiannual
Regulatory
Agenda
"At EPA, we believe that environmental responsibility is every-
one'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
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Environmental Protection
Agency
Office of Policy, Economics,
and Innovation
EPA-230-Z-07-001
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23156
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40CFRCh. I
FRL8281-7
Spring 2007 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 the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: nscep-priority@bps-
lmit.com, or call 800-490-9198. 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; telephone: (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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23157
EPA
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
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 actions:
• 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. You can see EPA's current
regulatory plan at our
epa.gov/regagenda website.
D. How Is the Agenda Organized?
We have organized the Agenda:
First, into 14 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
initiate rulemaking. Prerulemakings
may include anything that influences
or leads to rulemaking, such as
advance notices of proposed
rulemaking (ANPRMs), significant
studies or analyses of the possible
need for regulatory action,
announcement of reviews of existing
regulations required under section
610 of the Regulatory Flexibility Act,
requests for public comment on the
need for regulatory action, or
important preregulatory policy
proposals.
2. Proposed Rule — This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule — This section includes
rules that will be issued as a final rule
within a year.
4. Long-Term Action — This section
includes rulemakings for which the
next scheduled regulatory action is
after March 2008.
5. Completed Action — This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 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
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,
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
"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, then 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: The URL for submitting
electronic comments is
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. For some of our actions we
include the Internet addresses for
rulemaking documents and for getting
more information about the rulemaking
and the program of which it is a part.
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 establishes 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
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
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23159
EPA
Reduction Act, and other non-rule
activities.
2. EPA Websites
As mentioned above, some of the
actions listed in the Agenda include a
URL that provides additional
information.
3. Regulatory Agenda Databases and
Search Engines
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 and 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 nonprofit
organizations but which 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; and
e. A list of actions that may have
federalism implications as defined in
E.O. 13132.
There is a sixth index 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 website, 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,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
GENERAL—Proposed Rule Stage
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
(SEISNOSE). 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: March 13, 2007.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
2702
2703
2704
2705
2706
Title
SAN No 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors
SAN No. 4903 Award-Term Contracting
SAN No 4931 Accessibility Standards for Contract Deliverables (Section 508)
SAN No. 5121 Age Discrimination Regulations — EPA-assisted Programs — Age Discrimination Act of 1975
Regulation
Identifier
Number
2030-AA67
2030-AA88
2030-AA89
2030-AA90
2090-AA37
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EPA
GENERAL—Final Rule Stage
Sequence
Number
2707
2708
2709
2710
Title
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 4292 Procedures for Implementing the National Environmental Policy Act and Assessing the Environ-
mental Effects Abroad of EPA Actions
SAN No. 4536 Project XL Site-Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces New Mexico (Phases l-ll)
SAN No. 4056 Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance
Agreements
Regulation
Identifier
Number
2030-AA37
2020-AA42
2090-AA27
2090-AA38
GENERAL—Long-Term Actions
Sequence
Number
2711
Title
SAN No 3240 Public Information and Confidentiality Regulations
Regulation
Identifier
Number
2025-AA02
GENERAL—Completed Actions
Sequence
Number
2712
2713
Title
SAN No. 4056 Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN No 5092 Implementation of 2 CFR Part 180
Regulation
Identifier
Number
2020-AA39
2030-AA94
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
2714
2715
Title
SAN No. 5137
SAN No. 5129
Cylinder
Protection of Stratospheric Ozone: Restricting Access to Pre-2C
Control of Emissions From New Marine Compression-Ignition
05 Stocks of Methyl Bromide
Engines At or Above 30 Liters per
Regulation
Identifier
Number
2060-A029
2060-AO38
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2716
2717
2718
2719
2720
2721
2722
2723
2724
2725
2726
2727
SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Fa-
cilities
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No. 4070 General Conformity Regulations; Revisions
SAN No. 4309 National VOC Emission Standards for Consumer Products and Architectural and Industrial Mainte-
nance Coatings; Amendments
SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide
SAN No. 5113 Modification to the Public Hearing and Submittal Requirements for State Implementation Plans
SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems
SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures
SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
per Cylinder
SAN No. 4873 NESHAP: Area Source Standards—Glass Manufacturing Industry and Clay Ceramics Industry
SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing
2060-AK81
2060-AF72
2060-AH93
2060-AI62
2060-AK26
2004-AA02
2060-AJ86
2060-AK03
2060-AL94
2060-AM06
2060-AM12
2060-AM19
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CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2728 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
2729 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
2730 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
2731 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
2732 SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals 2060-AM70
2733 SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing—Area
Source 2060-AM71
2734 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75
2735 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
2736 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
2737 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
2738 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO
2739 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
2740 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
2741 SAN No. 4978 NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources 2060-AN21
2742 SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone 2060-AN24
2743 SAN No. 4794.2 Prevention of Significant Deterioration, Non-Attainment New Source Review, and New Source
Performance Standards: Emissions Test for Electric Generating Units 2060-AN28
2744 SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Pro-
duction, Amendments 2060-AN33
2745 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36
2746 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
2747 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46
2748 SAN No. 5016 NESHAP: Area Source Standards—Paint and Allied Products 2060-AN47
2749 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used Ozone-Depleting
Substances for Destruction in the United States 2060-AN48
2750 SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant 2060-AN49
2751 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Import of Pre-Charged Products 2060-AN58
2752 SAN No. 4752.1 Transition to New or Revised Particulate Matter (PM) NAAQS 2060-AN59
2753 SAN No. 5025 Revisions to the Definition of Potential To Emit (PTE) 2060-AN65
2754 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule 2060-AN68
2755 SAN No. 5030 National Volatile Organic Compound Emission Standards for Aerosol Coatings 2060-AN69
2756 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS)—Subpart J 2060-AN72
2757 SAN No. 5045 Revision to Definition of Volatile Organic Compounds—Exclusion of Four Compounds 2060-AN75
2758 SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead 2060-AN83
2759 SAN No. 5093 Risk and Technology Review Phase II 2060-AN85
2760 SAN No. 5076 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR):
Reasonable Possibility in Recordkeeping 2060-AN88
2761 SAN No. 5100 Refinement to Increment Modeling Procedures 2060-AO02
2762 SAN No. 5071 Hospital/ Medical/ Infectious Waste Incineration Units—Response to Remand and 5-Year Tech-
nology Review 2060-AO04
2763 SAN No. 4839.6 Final Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality
Standards for the Denver Early Action Compact 2060-AO05
2764 SAN No. 4891.1 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical
Manufacturing; Second Group of Amendments 2060-AO07
2765 SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5 2060-AO11
2766 SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines 2060-AO12
2767 SAN No. 5132 Consumer and Commercial Products, Group 3: Control Techniques Guidelines in Lieu of Regula-
tions for Paper, Film, and Foil Coatings; Metal Furniture Coatings; and Large Appliance Coatings 2060-AO14
2768 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15
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23162
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2769
2770
2771
2772
2773
2774
2775
2776
SAN No. 5126 Risk and Technology Review for Group 1: Polymers and Resins I; Polymers and Resins II, Acetal
Resins, and Hydrogen Fluoride
SAN No. 5131 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of a Family of Four
Hydrofluoropolyethers (HFPEs)
SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal
Waste Combustors (MWCs)
SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Sig-
nificant Monitoring Concentrations
SAN No. 5136 Protection of Stratospheric Ozone: Extension of Global Lab and Analytical Use Exemption for Es-
sential Class I Ozone Depleting Substances
SAN No. 5138 Protection of the Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of
Methyl Bromide
SAN No. 5109 Revisions to Cogeneration Unit Definition under CAIR, CAMR, and NESHAP and Corrections to
CAIR and Acid Rain Program Rules
SAN No. 5107 Update of Test Procedure Schedule for All-Terrain Vehicles
2060-AO16
2060-AO17
2060-A018
2060-AO24
2060-A028
2060-AO30
2060-A033
2060-AO35
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2777 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
2778 SAN No. 3569 Source-Specific Federal Implementation Plan for Four Corners Power Plant; Navajo Nation 2009-AA01
2779 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
2780 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
2781 SAN No. 4752 Clean Air Fine Particle Implementation Rule 2060-AK74
2782 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
2783 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements ... 2060-AH23
2784 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards 2060-AK22
2785 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
2786 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
2787 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana, Sulfur Dioxide (SO2) Area 2008-AAOO
2788 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
2789 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
2790 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
2791 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
2792 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation, and Project Netting 2060-AL75
2793 SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Require-
ments for Heavy-Duty Engines and Vehicles Above 14,000 Pounds and In-Use, Not-To-Exceed Emission Stand-
ard Test 2060-AL92
2794 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
2795 SAN No. 4846 NESHAP and NSPS for Municipal Solid Waste Landfills—Amendments 2060-AM08
2796 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
2797 SAN No. 4859 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
2798 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34
2799 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
2800 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
2801 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
2802 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23163
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2803 SAN No. 4907 NESHAP: Gasoline Distribution Area Source Standards 2060-AM74
2804 SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion Engines 2060-AM81
2805 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks, and Heavy
Duty Vehicles 2060-AN01
2806 SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and
Light-Duty Trucks; Amendments 2060-AN10
2807 SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program 2060-AN16
2808 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
2809 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
2810 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
2811 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before De-
cember 9, 2004 2060-AN43
2812 SAN No. 5014 NESHAP: Area Source Standards—Reciprocating Internal Combustion Engines 2060-AN62
2813 SAN No. 5022 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 2060-AN63
2814 SAN No. 5035 New Source Performance Standards (NSPS): Equipment Leaks-Subparts VV and GGG 2060-AN71
2815 SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines 2060-AN73
2816 SAN No. 5048 Renewable Fuels Standard Rule 2060-AN76
2817 SAN No. 5049 Prevention of Significant Deterioration, Non-Attainment New Source Review, and Title V: Treat-
ment of Corn Milling Facilities Under the "Major Emitting Facility" Definition 2060-AN77
2818 SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing:
Amendments 2060-AN80
2819 SAN No. 5056 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2007 2060-AN81
2820 SAN No. 5057 Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005
Transportation Bill (SAFETEA-LU) 2060-AN82
2821 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
2822 SAN No. 4752.2 Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5 2060-AN86
2823 SAN No. 4697.1 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Ar-
ticle 5 Countries 2060-AN87
2824 SAN No. 5077 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Re-
moval of Vacated Elements 2060-AN92
2825 SAN No. 5080 Regulation of Fuels and Fuel Additives: Updated Volatility Standard for Alaska Only 2060-AN94
2826 SAN No. 5089 Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial,
Commercial, and Institutional Steam Generating Units 2060-AN97
2827 SAN No. 5094 Clean Air Mercury Rule: Federal Plan 2060-AN98
2828 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-AOOO
2829 SAN No. 5112 Two Optional Methods for Relative Accuracy Test Audits of Mercury Monitoring Systems Installed
on Combustion Flue Gas Streams 2060-AO01
2830 SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface
Coating) Operations—Amendment 2060-AO03
2831 SAN No. 4421.1 Ambient Air Monitoring Regulations: Correcting and Other Amendments 2060-AO06
2832 SAN No. 4161.1 Update of Continuous Instrumental Test Methods: Technical Amendments 2060-AO09
2833 SAN No. 4599.2 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances—N-
Propyl Bromide in Solvent Cleaning 2060-AO10
2834 SAN No. 5130 Change in Regulatory Deadline for Rulemaking To Address the Control of Emissions From New
Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder 2060-AO26
2835 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio-
nuclides, Subparts H and I 2060-AO31
2836 SAN No. 5065 Protection of Stratospheric Ozone: Revision of Refrigerant Recycling and Recovery Equipment
Standards 2060-AO32
2837 SAN No. 5104 Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to the
East St. Louis, Illinois, Ozone Non-Attainment Area 2060-AO34
2838 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 2060-AO36
2839 SAN No. 5125 Nonroad Diesel Technical Amendments 2060-AO37
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23164
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2840
2841
SAN No. 5140 Recommended Test Methods for State Implementation Plans (40 CFR Part 51, Appendix M), Addi-
tion of Method 207, "Pre-Survey Procedure for Corn Wet-Milling Facility Emission Sources"
SAN No. 5141 Response to Reconsideration Regarding NESHAP Startup, Shutdown, and Malfunction Amend-
ments
2060-AO39
2060-A040
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
2842 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 2050-AE95
2843 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
2844 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins—Amendments 2060-AH47
2845 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
2846 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition To Delist 2060-AK73
2847 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'—Methylene Diphenyl Diisocyanate 2060-AK84
2848 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
2849 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
2850 SAN No. 5047 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Reconsideration of the Particulate Matter Standard) 2050-AG29
2851 SAN No. 5047.1 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Response to Petitions for Reconsideration) 2050-AG35
2852 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
2853 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
2854 SAN No. 4797 Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rule-
making for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84
2855 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) 2060-AM20
2856 SAN No. 4676.3 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR):
Routine Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments 2060-AM62
2857 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
2858 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
2859 SAN No. 4625.4 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Clas-
sification 2060-AN26
2860 SAN No. 4910.1 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments 2060-AN37
2861 SAN No. 5009 Notice for Information on Determining the Emissions Reductions Achieved From Limiting the VOC
Content of Architectural Coatings 2060-AN42
2862 SAN No. 5079 Rule Interpreting the Scope of Title V Operating Permit Modifications Where EPA Has Approved
Alternative Monitoring and Testing Provisions 2060-AN93
2863 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99
2864 SAN No. 5122 Area Source NESHAP for Ferroalloys Production 2060-AO13
2865 SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide 2060-AO19
2866 SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK) 2060-AO23
2867 SAN No. 5135 NESHAP—Area Source Standards—Nine Metal Fabrication and Finishing Source Categories (12
SIC's, 25 NAICS Codes) 2060-AO27
2868 SAN No. 5145 Review of New Source Performance Standards—Nonmetallic Minerals 2060-AO41
2869 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42
2870 SAN No. 5142 Review of New Source Performance Standards (Subpart UUU)—Mineral Dryers/Calciners 2060-AO43
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23165
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
2871 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
2872 SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement Court Remand 2060-AJ78
2873 SAN No. 4657 NESHAP: Group II Polymers and Resins—Residual Risk Standards 2060-AK13
2874 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
2875 SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources 2060-AK70
2876 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
2877 SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities—Area Source Rule 2060-AM16
2878 SAN No. 4865 Strategy for Addressing Air Emissions From Animal Feeding Operations 2060-AM26
2879 SAN No. 4866 NESHAP: Site Remediation: Amendments 2060-AM30
2880 SAN No. 4906 NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
2881 SAN No. 3259.2 Nonattainment Major New Source Review (NSR) 2060-AM59
2882 SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances in Foam
Blowing 2060-AN11
2883 SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions To Improve Calculation of Fuel Economy Es-
timates 2060-AN14
2884 SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater NESHAP, Reconsideration of
Emissions Averaging Provision and Technical Corrections 2060-AN32
2885 SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of HFE-7300 2060-AN34
2886 SAN No. 4998 Treatment of Data Influenced by Exceptional Events 2060-AN40
2887 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
2888 SAN No. 5051 Protection of Stratospheric Ozone: 2007 Critical Use Exemptions for Methyl Bromide 2060-AN54
2889 SAN No. 5027 Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur Requirements: Exemption
for U.S. Territories 2060-AN66
2890 SAN No. 5044 Interpretive Rulemaking To Clarify the Scope of Certain Monitoring Requirements for Federal and
State Operating Permits Programs 2060-AN74
2891 SAN No. 4839.5 Final Extension of the Deferred Effective Date of Non-Attainment Designations for 8-Hour Ozone
NAAQS for Early Action Compact Areas 2060-AN90
2892 SAN No. 5073 Other Solid Waste Incineration Units: Response to Petition for Reconsideration 2060-AN91
2893 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
2894 SAN No. 5084 Standards of Performance for New Industrial—Commercial—Institutional Steam Generating Units:
Amendment for Facility-Specific NOx Standard 2060-AN96
2895 SAN No. 4571.4 Notice of Status of Submission of Clean Air Mercury Rule (CAMR) State Plans for New and Ex-
isting Stationary Sources: Electric Utility Steam Generating Units 2060-AO08
2896 SAN No. 5103 Clean Air Interstate Rule (CAIR) and Federal Implementation Plans for CAIR; Corrections 2060-AO21
2897 SAN No. 4625.7 Implementation of the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) Phase II:
Correction Notice 2060-AO22
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2898
2899
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR 190, Subpart B and 40 CFR 191, Subpart A ..
2060-AH63
2060-AH90
ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2900
SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
2060-AN15
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23166
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
NOISE CONTROL ACT (NCA)—Proposed Rule Stage
Sequence
Number
2901
Title
SAN No 5102 Revision of Hearing-Protector Regulations
Regulation
Identifier
Number
2060-AO25
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
2902
2903
Title
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
SAN No. 4985 Pesticides; Determination of Status of Prions as Pests
Regulation
Identifier
Number
2070-AD61
2070-AJ26
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
2904
2905
2906
2907
2908
2909
2910
Title
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
SAN No. 5007 Pesticides; Competency Standards for Occupational Users
SAN No 5006 Pesticides' Agricultural Worker Protection Standard Revisions
SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
SAN No 5031 Pesticides' Expansion of Crop Grouping Program
SAN No. 5050 Pesticide Agricultural Container Recycling Program
Regulation
Identifier
Number
2070-AD30
2070-AD49
2070-AJ20
2070-AJ22
2070-AJ27
2070-AJ28
2070-AJ29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
2911
2912
2913
2914
2915
Title
SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals
SAN No 4596 Pesticides' Data Requirements for Biochemical and Microbial Products
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No 3222 Groundwater and Pesticide Management Plan Rule
Regulation
Identifier
Number
2070-AC12
2070-AD51
2070-AD55
2070-AD56
2070-AC46
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
2916
2917
2918
2919
2920
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act
by Producers of Plant-Incorporated Protectants (PIPs)
SAN No. 5101 Plant-Incorporated Protectant—Associated Fusion Proteins (PIP-AFPs)
2070-AJ23
2015-AAOO
2070-AD14
2070-AJ32
2070-AJ33
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23167
EPA
FEDERAL INSECTICIDE, FUNGICIDE
Sequence
Number
2921
AND RODENTICIDE ACT (FIFRA)— Completed Actions
Title
SAN No. 4618 Revision of Procedural Rules f
tions, and Denials of Pesticide Registrations
TOXIC SUBSTANCES
Sequence
Number
2922
or Hearings on Cancellations, Suspensions, Changes in Classifica-
Regulation
Identifier
Number
2020-AA44
CONTROL ACT (TSCA)— Prerule Stage
Title
SAN No. 5058 Nanoscale Materials Under TS(
;A
Regulation
Identifier
Number
2070-AJ30
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
2923
2924
2925
2926
2927
2928
2929
Title
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing and Distribution in Commerce
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
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 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
SAN No 4984 Clarification on Guidance for Activated Phosphors
Regulation
Identifier
Number
2070-AB20
2070-AD16
2070-AD48
2070-AD64
2070-AJ04
2070-AJ15
2070-AJ21
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
2930
2931
2932
2933
2934
2935
2936
2937
2938
2939
2940
2941
2942
2943
Title
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
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. 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 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
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 Significant New Use Rule for Chloranil
Regulation
Identifier
Number
2070-AC21
2070-AD58
2070-AA59
2070-AB27
2070-AJ19
2070-AB08
2070-AB1 1
2070-AD25
2070-AJ09
2070-AJ10
2070-AJ1 1
2070-AJ13
2070-AJ18
2070-AJ31
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
2944
2945
SAN No 3148 Asbestos Model Accreditatio
SAN No. 4376 Lead-Based Paint Activities;
and Model State Plan Rule
Title
i Plan Revisions
Bridges and Structures; Training, Accreditation, and Certification Rule
Regulation
Identifier
Number
2070-AC51
2070-AC64
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EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions (Continued)
Sequence
Number
2946
2947
2948
2949
2950
2951
2952
2953
2954
2955
2956
2957
2958
2959
2960
2961
Title
SAN No 3557 Lead-Based Paint Activities' Amendments for Renovation Repair and Painting
SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
SAN No 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No 3493 Future Testing for Existing Chemicals (Overview Entry)
SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
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. 1923 Follow-Up Rules on Existing Chemicals
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. 2150.1 Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration
(MARAD)
SAN No 3493 1 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No. 3493.2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No 3493 3 Test Rule' Brominated Flame Retardants (BFRs)
Regulation
Identifier
Number
2070-AC83
2070-AD52
2070-AB79
2070-AB94
2070-AC27
2070-AC76
2070-AD10
2070-AD28
2070-AD44
2070-AA58
2070-AC37
2070-AD53
2070-AJ05
2070-AJ06
2070-AJ07
2070-AJ08
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
2962
Title
SAN No. 4858 Notification of Chemical Exports Under
EMERGENCY PLANNING AND
Sequence
Number
2963
TSCA Section 12(b)
Regulation
Identifier
Number
2070-AJ01
COMMUNITY RIGHT— TO— KNOW ACT (EPCRA)— Proposed Rule Stage
Title
SAN No. 4753 Emergency Planning and Community
Quantity Methodology for the Extremely Hazardous S
Right-To-Know Act: Modification to the Threshold Planning
ubstances That Are Solids in Solution
Regulation
Identifier
Number
2050-AF08
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
2964
2965
Title
SAN No. 3215 Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
Dioxin and Dioxin-Like Compounds Category Under EPCRA Section 313
Regulation
Identifier
Number
2050-AE17
2025-AA12
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
2966
2967
2968
2969
Title
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation
SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, and Titanate From the Metal Com-
pound Categories Listed on the Toxics Release Inventory
SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
Regulation
Identifier
Number
2025-AA1 1
2025-AA1 6
2025-AA1 7
2025-AA1 9
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23169
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
(Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2970
SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule ... 2050-AG40
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
2971
SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule 2025-AA14
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2972 SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 2050-AE81
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Regulation
yuE
2973 SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA 2050-AG24
2974 SAN No. 4670.1 Definition of Solid Wastes Revisions 2050-AG31
2975 SAN No. 4828 RCRA Incentives for Performance Track Members 2090-AA34
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Regulation
Nmhr Title Identifier
Number Number
2976 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials 2050-AE23
2977 SAN No. 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings 2050-AG27
2978 SAN No. 5128 Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correc-
tion 2050-AG38
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Seauence Regulation
M 1 Title Identifier
Number Number
2979 SAN No. 3856 Management of Cement Kiln Dust (CKD) 2050-AE34
2980 SAN No. 4411 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry
Processed in a Gasification System To Produce Synthesis Gas 2050-AE78
2981 SAN No. 4735 RCRA Smarter Waste Reporting 2050-AF01
2982 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 2003-AAOO
2983 SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 2050-AE51
2984 SAN No. 4606 Revisions to the Export Requirements for Wastes Destined for the OECD Countries and for Spent
Lead Acid Batteries 2050-AE93
2985 SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision) 2050-AC71
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23170
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2986
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) 2050-AG15
2987 SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and Research Labora-
tories 2050-AG18
2988 SAN No. 3147.1 Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests 2050-AG20
2989 SAN No. 5070 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Re-
quirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts 2050-AG34
2990 SAN No. 5127 Amendment to the Universal Waste Rule: Addition of Pharmaceuticals and Consumer Products in
Consumer Product Packaging 2050-AG39
2991 SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York 2090-AA29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Regulation
2992 SAN No. 4469 Standards for the Management of Coal Combustion Wastes—Non-Power Producers and
Minefilling 2050-AE83
2993 SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements 2050-AF06
2994 SAN No. 4743 Land Disposal Restrictions: Modifying the Land Disposal Treatment Standard for Radioactive Lead
Solids and Hazardous Debris; Definition of Macroencapsulation 2050-AF12
OIL POLLUTION ACT (OPA)—Final Rule Stage
Regulation
2995 SAN No. 2634.5 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Requirements-
Extension of Compliance Dates 2050-AG36
OIL POLLUTION ACT (OPA)—Completed Actions
Regulation
Nmhr Title Identifier
Number Number
2996 SAN No. 2634.3 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Requirements—
Amendments 2050-AG23
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
~
2997 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites 2050-AD75
2998 SAN No. 5117 CERCLA Notification Requirements and the Agricultural Sector 2050-AG37
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23171
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
2999
Title
SAN No. 4177 Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
Regulation
Identifier
Number
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3000
3001
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
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3002
3003
3004
3005
3006
Title
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II
SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
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
SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Regulation
Identifier
Number
2040-AD39
2040-AD89
2040-AE82
2040-AE89
2050-AG16
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3007
3008
3009
3010
Title
SAN No. 4690 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Works Treatment Plants Serving Sanitary Sewer Collection Systems Policy
SAN No. 4996 Concentrated Animal Feeding Operation Rule
SAN No 5040 Water Transfers Rule
SAN No. 5098 Implementation Guidance for Mercury Water Quality Criteria
Regulation
Identifier
Number
2040-AD87
2040-AE80
2040-AE86
2040-AE87
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3011
3012
3013
3014
3015
3016
3017
3018
3019
3020
3021
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. 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. 3999 NPDES 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. 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. 3663.1 Availability of and Procedures for Removal Credits
2050-AE87
2040-AD49
2040-AC93
2040-AD09
2040-AC84
2040-AD02
2040-AE61
2040-AE69
2040-AE74
2040-AE77
2040-AE88
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3022 SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category 2040-AE91
CLEAN WATER ACT (CWA)—Completed Actions
I
3023 SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act 2040-AC75
3024 SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring 2040-AC92
3025 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 2040-AD71
3026 SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal Coliforms, and Salmonella Under
the Clean Water Act 2040-AE68
3027 SAN No. 4965 2006 Effluent Guidelines Program Plan 2040-AE76
3028 SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United States in Compliance With
FIFRA 2040-AE79
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
I
3029 SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List 2040-AE60
3030 SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System 2040-AE84
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Regulation
Nmhr Title Identifier
Number Number
3031 SAN No. 4745 Drinking Water Contaminant Candidate List 3 2040-AD99
3032 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
FuS
3033 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94
3034 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13
3035 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
3036 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
3037 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40
3038 SAN No. 5066 Second 6-Year Review of Existing National Primary Drinking Water Regulations 2040-AE90
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23173
EPA
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3039
Title
SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions
Regulation
Identifier
Number
2040-AD93
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3040
Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2702. 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 06/00/07
Final Action 12/00/07
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: 202 564-1377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-1379
Fax: 202 565-2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
2703. 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
Final Action
06/00/07
12/00/07
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—General
Proposed Rule Stage
2704. AWARD-TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 4l8(b); 5 USC
301, sec 205(c); 63 Stat 390, as
amended
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
2705. 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
09/00/07
04/00/08
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: 202 564-1376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
2706. • AGE DISCRIMINATION
REGULATIONS—EPA-ASSISTED
PROGRAMS—AGE DISCRIMINATION
ACT OF 1975
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6101 et seq
CFR Citation: 40 CFR 7.10 to 7.180
Legal Deadline: None
Abstract: The Age Discrimination Act
of 1975 prohibits discrimination based
on age in programs or activities that
receive Federal financial assistance,
and requires Federal agencies to issue
regulations implementing the Act.
Recipients are aware of this prohibition
and are already in compliance with this
requirement. This amendment will add
age as a protected classification to
EPA's nondiscrimination regulations
(40 CFR part 7), which already prohibit
discrimination based on race, color,
national origin, sex, or handicap in
EPA-assisted programs or activities
pursuant to title VI of the Civil Rights
Act of 1964, section 504 of the
Rehabilitation Act of 1973, and section
13 of the Federal Water Pollution
Control Act of 1972. The 1975 Age
Discrimination Act uses the same
prohibitory language as title VI and
section 504. Promulgating this
amendment will bring EPA in line with
other Federal agencies that have
already issued age discrimination
regulations—such as U.S. Department
of Justice (DOJ) and the U.S.
Department of Health and Human
Services (HHS). HHS is responsible for
approving age discrimination
regulations before they are published,
and has already approved EPA's
proposed amendment.
Timetable:
Action
Date
FR Cite
NPRM
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5121;
Agency Contact: Thomas Walker,
Environmental Protection Agency,
Office of the Administrator, 1201A,
Washington, DC 20460
Phone: 202 343-9680
Fax: 202 233-0630
Email: walker.tom@epa.gov
Yasmin Yorker, Environmental
Protection Agency, Office of the
Administrator, 1201 A, Washington, DC
20460
Phone: 202 343-9682
Fax: 202 233-0630
Email: yorker.yasmin@epa.gov
RIN: 2090-AA37
Environmental Protection Agency (EPA)
General
Final Rule Stage
2707. 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
06/00/07
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23175
EPA—General
Final Rule Stage
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
2708. 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
NPRM Comment
Period End
Final Action
12/19/06 71 FR 76082
02/20/07
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No. 4292;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/2006/December/Day-
19/g21402.pdf;
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
2709. 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,
New Mexico, to implement a project
that would modify reporting
requirements under the Resource
Conservation and Recovery Act (RCRA),
the Safe Drinking Water Act (SDWA),
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 to 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
10/00/07
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
2710. 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—General
Final Rule Stage
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
NPRM
Final Action
Date
07/24/03
04/00/07
FR Cite
68 FR 43824
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4056;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/2003/July/Day-
24/gl8002.pdf;
Agency Contact: Kimberly Patrick,
Environmental Protection Agency,
Office of the Administrator, 1230N,
Washington, DC 20460
Phone: 202 564-5386
Email: patrick.kimberly@epa.gov
Jeanette Brown, Environmental
Protection Agency, Office of the
Administrator, 1230N, Washington, DC
20460
Phone: 202 564-4100
Email: brown.jeanette@epa.gov
Related RIN: Previously reported as
2020-AA39
RIN: 2090-AA38
Environmental Protection Agency (EPA)
General
Long-Term Actions
2711. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine 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
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
Date FR Cite
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71 366
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
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23177
Environmental Protection Agency (EPA)
General
Completed Actions
2712. UTILIZATION OF SMALL,
MINORITY, AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Timetable:
Action
Date
FR Cite
Transferred to RIN
2090-AA38
RIN: 2020-AA39
03/22/07
2713. IMPLEMENTATION OF 2 CFR
PART 180
Priority: Info./Admin./Other
CFR Citation: 2 CFR 1532
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Suzanne Hersh
Phone: 202 564-5374
Email: hersh.suzanne@epamail.epa.gov
Final Action
01/19/07 72 FR 2421 RIN: 2030-AA94
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
P re rule Stage
2714. • PROTECTION OF
STRATOSPHERIC OZONE:
RESTRICTING ACCESS TO PRE-2005
STOCKS OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7401 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the need to manufacture
additional methyl bromide to serve the
needs of approved critical users where
part of their overall need could be
served by drawing from the inventory
of methyl bromide produced prior to
January 1, 2005. Therefore, EPA intends
to issue an advance notice considering
the need to propose a regulation
restricting access to pre-2005 inventory
only to meet the needs of the approved
critical users, recognizing that such a
restriction would not replace, in whole
or in part, the critical use nomination
process. This restriction would ensure
that those uses of methyl bromide that
do not seek and receive a critical use
nomination could not access pre-
phaseout inventory.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
09/00/07
06/00/08
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5137;
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Fax: 202 343-2337
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO29
2715. • CONTROL OF EMISSIONS
FROM NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 1042
Legal Deadline: None
Abstract: Emissions from category 3
marine engines (greater than 30 liters
per cylinder) 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 marine
diesel engines on ships flagged in the
United States. This rulemaking will
consider new standards for oxides of
nitrogen and particulate matter.
Technologies under consideration
include aftertreatment devices and the
use of distillate or low sulfur fuel. This
rule will consider whether it is
appropriate to apply these standards to
foreign flagged vessels that use U.S.
ports.
Timetable:
Action
Date
FR Cite
ANPRM
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 5129;
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Jean-Marie Revelt, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO38
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23178
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2716. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAA ll2(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: 202 343-2304
Email: shroff.behram@epa.gov
RIN: 2060-AK81
2717. 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
01/00/08
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: 919 541-0516
Email: sorrell.candace@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
2718. 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 that are funded under title 23
U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. The EPA has not reviewed
or revised the General Conformity
Regulations since their 1993
promulgation. Several Federal agencies
have identified concerns over the
implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Timetable:
Action
Date FR Cite
NPRM
04/00/07
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
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23179
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2719. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS AND ARCHITECTURAL
AND INDUSTRIAL MAINTENANCE
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 ib
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action consists of
amendments to the consumer products
and the architectural and industrial
(AIM) coatings part 59 VOC rules under
section 183(e). Consistent with Clean
Air Act Advisory Committee
recommendations AQM2.3 and
AQM2.4, these rules are being updated
to align them with the model rules
adopted by the Ozone Transport
Commission. In addition, this action
will subsume SAN 5009, Determining
Emissions Reductions Achieved from
Rules Limiting VOC Content of AIM
Coatings.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/07
11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4309;
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AI62
2720. 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 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-propyl bromide (nPB) is an
acceptable substitute for class I and
class II ozone depleting substances
used 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
NPRM Correction
NPRM 2—Adhesives
Final Action
06/03/03 68 FR 33283
10/02/03 68 FR 56809
04/00/07
01/00/08
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
Monica Shimamura, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9337
Fax: 202 343-2338
Email:
shimamura.monica@epamail.epa.gov
RIN: 2060-AK26
2721. • MODIFICATION TO THE
PUBLIC HEARING AND SUBMITTAL
REQUIREMENTS FOR STATE
IMPLEMENTATION PLANS
Priority: Substantive, Nonsignificant
Legal Authority: 23 USC 101; 42 USC
7401 to 7641q
CFR Citation: 40 CFR 51.102(a) and (f),
51.103; 40 CFR 52.0
Legal Deadline: None
Abstract: The current regulation as
written requires States to hold public
hearings for any revision to State
implementation plans. States currently
hold public hearings whether or not the
public attends and participates in these
hearings. Many of these plan revisions
are minor or noncontroversial in
nature, and no member of the public
or the regulated community attends or
participates in the hearing. These
hearings consume both valuable time
and resources. Rather than requiring a
public hearing for all SIP revisions, the
proposed revision will allow States to
determine those actions for which there
may be little or no interest by the
public or the regulated community and,
for those actions, to provide the public
the opportunity to request a public
hearing. If no request for public hearing
is made, then the State would have
fulfilled the requirements, and no
public hearing is required to be held.
Whether or not a public hearing is
held, the State is required to provide
a 30-day period for the written
submission of comments from the
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
public. EPA believes this rule revision
will have no affect on public
participation in the rulemaking process,
but will help State agencies reduce
costs by not needing to pay for facilities
for public hearings for which no one
is interested in attending and
participating. In addition, it will
increase efficiency by allowing limited
staff resources to be devoted to
productive activities rather than staffing
a hearing that is not attended.
This proposed revision will also
establish the minimum required
number of electronic (1) and hard
copies (2) to be submitted with all
official SIP submittals or preliminary
requests for EPA review? from the
current requirement of submitting 5
hard copies. With today's use of
electronic processing and the use of the
Internet these revisions align the
regulatory requirements with the way
States and EPA interact and with the
way information is made available to
the public. Rulemaking dockets are
now available electronically, providing
greater access to the public because
there are no geographic or time limits
on where or when documents may be
obtained. Previously, when the dockets
were comprised solely of hard copies
of documents, the public needed to
travel to specified locations to review
the docket and the docket was available
only during business hours. These
revisions will reduce costs for States
but will not interfere with the public's
access to SIP revisions being reviewed
by EPA. Rather, as described above, the
availability of electronic files simplifies
access for the public. Since the
promulgation of 40 CFR EPA Regional
Offices 3, 4, 7, and 8 have relocated.
EPA is updating addresses to provide
the public with the current address.
Timetable:
Action
Date FR Cite
NPRM 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5113;
Agency Contact: Sean Lakeman,
Environmental Protection Agency,
Regional Office Atlanta, 1200
Pennsylvania Avenue, Atlanta, GA
30303
Phone: 404 562-9043
Fax: 404 562-9019
Email: lakeman.sean@epa.gov
Jerry Stubberfield, Environmental
Protection Agency, Regional Office
Atlanta, C404-02, Durham, NC 27711
Phone: 919 541-0876
Fax: 919 541-7925
Email: stubberfield.jerry@epa.gov
RIN: 2004-AA02
2722. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(b)(5) et
seq
CFR Citation: 40 CFR 63 subpart SS;
40 CFR 63.8; 40 CFR 60, app B; 40
CFR 60, app 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 CPMS 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.
Timetable:
Action
Date
FR Cite
NPRM
12/00/07
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: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, C504-04,
Research Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-1039
Email: schell.bob@epa.gov
RIN: 2060-AJ86
2723. 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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
multiple method-specific rulemakings,
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
07/00/07
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
2724. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
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
NPRM 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 NW., 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,
6205J, Washington, DC 20460
Phone: 202 343-9226
Fax: 202 565-2155
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AL94
2725. 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.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7522 to 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.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
NPRM Comment
Period End
Final Action
06/29/04 69 FR 39276
08/30/04
04/03/07 72 FR 15938
07/02/07
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4871
Agency Contact: Jean-Marie Revelt,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AM06
2726. NESHAP: AREA SOURCE
STANDARDS—GLASS
MANUFACTURING INDUSTRY AND
CLAY CERAMICS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7626;
CAA
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Final, Judicial, December 15, 2007, Two
of ten area source category standards
to be promulgated by 12/15/2007 as per
3/31/2006 order.
Abstract: 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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
products. The hazardous air pollutants
(HAP) for which glass manufacturing
was listed are lead, arsenic, mercury,
nickel, chromium, and manganese.
Approximately 150 facilities currently
operate in the U.S. producing
containers, flat glass, and specialty
glass. The specialty glass subcategory
includes lighting, lead crystal, art glass,
opthalmic lenses, tableware, and
technical glass components and
products. Two small businesses exist in
the source category, both of which
manufacture containers. One of the two
is currently well controlled and the
regulation will not impose additional
control requirements on that facility.
The other small business may,
depending on the quantity of toxic
components in the glass formulation, be
required to add air pollution controls
according to the rules requirements,
specifically, a baghouse and leak
detector on the furnace and toxic raw
materials used in the glass recipe. Glass
manufacturers use HAP metals in raw
materials in the glass 'recipe' fed to the
furnace to impart specific properties to
the final product. About 1,500 tons per
year of HAP are released into the
ambient air by glass manufacturing
plants. HAP emission sources include
raw material storage, furnace, and
melting operations. Air pollution
control devices are generally available
for toxic emission points within the
glass manufacturing industry. We
anticipate that the rule will have
regulatory cutoffs, such as total amount
of glass produced per year and a weight
percent of HAP metals in the total
recipe. These cutoffs would exempt
glass manufacturers from certain
provisions of the rule. However, we
intend to require all glass plants
producing more than 50 tons per year
of glass to be subject to minimum
reporting requirements. Furthermore,
we intend for glass manufacturers not
using one of the HAP metals listed
above to be subject to only one-time
reporting until they change any glass
product recipe causing them to become
subject to the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4873;
EPA Docket information: EPA-HQ-OAR-
2006-0360
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Email: fairchild.susan@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM12
2727. NESHAP: AREA SOURCE
STANDARDS FOR MISCELLANEOUS
CHEMICAL MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2008, One often area
source category standards to be
promulgated by 12/15/2008 as per
3/31/2006 order.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from the chemical
manufacturing industry, including
industrial organic chemicals, inorganic
chemicals, pharmaceuticals, pesticides,
and polymers and resins. These source
categories were listed for regulation
under the Urban Air Toxic Strategy to
address HAP emissions from area
sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/08
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
RIN: 2060-AM19
2728. 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.
Final, Judicial, December 15, 2007, One
of ten area source category standards
to be promulgated as per March 31,
2006 order.
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 a 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 apply 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 240 area source iron
foundries in the U.S., 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 190 area source steel
foundries in the U.S., 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.
Approximately 75 percent of the iron
foundries are located in the urbanized
areas or urban clusters; approximately
80 percent of the steel foundries are
located in the urbanized areas or urban
clusters. A preliminary analytical blue
print was prepared in July 2006.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
State
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
2729. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, One often area source
category standards to be promulgated
as per March 31, 2006 order.
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/08
06/00/08
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, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
2730. 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 sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2007, Court order calls
for EPA to issue standards for
categories of area sources under
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
Final Action
04/00/07
09/00/07
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, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
2731. 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
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
Final Action
06/00/07
03/00/08
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, Research
Triangle Park, NC 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
2732. 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.
Final, Judicial, December 15, 2008,
Court -ordered (part of area source
deadline suit).
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. The secondary
nonferrous metals source category is
listed to address emissions of lead from
furnace operations. Plants engaged in
the recovery of tin, brass, bronze, and
zinc through secondary smelting and
refining 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 and
hydrometallurgical processes.
Pyrometallurgical technologies are
processes that use heat to separate
desired metals from other less or
undesirable materials, while with
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. There are no air
emissions from hydrometallurgical
processes; therefore, the standard will
only address Pyrometallurgical
(furnace) operations. The secondary
nonferrous metals area source rule will
address furnace melting operations for
metals other than iron and steel and
their alloys, with the exception of
secondary lead, copper, and mercury.
Secondary lead is addressed under the
secondary lead NESHAP requirement
for area sources; likewise, secondary
copper is addressed under the
secondary copper NESHAP area source
standard; and the secondary Mercury
standard, a RCRA air rule, regulates
secondary Mercury operations;
therefore, these operations will not be
included under this rule,
Timetable:
Action
Date FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4888;
EPA Docket information: EPA-HQ-OAR-
2006-0940
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Email: fairchild.susan@epamail.epa.gov
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
2733. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING—AREA SOURCE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Final, Judicial, December 15, 2007, One
of ten area source category standards
to be promulgated as per March 31,
2006 order.
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/07
12/00/07
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: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
2734. 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
NPRM Comment
Period End
NPRM Comment
Period Extended
Final Action
01/03/07 72FR69
03/05/07
04/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Michael Regan, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-5294
Email: regan.michael@epa.gov
RIN: 2060-AM75
2735. 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 that 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
Email: teal.kim@epamail.epa.gov
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23186
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AM84
2736. NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
March 23, 2007, OGC and DOJ working
with industry to develop settlement
agreement, which will have proposal
and promulgation deadlines.
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 04/00/07
Final Amendment 08/00/07
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
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM85
2737. 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 the
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 its reconsideration of
this issue arising from its final rules
of December 31, 2002.
Timetable:
Action
Date
FR Cite
NPRM
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4940;
Agency Contact: 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
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
2738. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Economically Significant.
Major under 5 USC 801.
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 four-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 SIPs;
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.
Timetable:
Action
Date FR Cite
NPRM
06/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, 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,
Research Triangle Park, NC 27711
Phone: 919 541-4048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23187
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2739. 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
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 (GCSEP) 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
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4960;
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-4718
Fax: 919-541-5489
Email: smith.tim@epamail.epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539-04, Research Triangle Park, NC
27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AN12
2740. 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 sec 111 and 129
CFR Citation: 40 CFR 60 subparts
AAAA and BBBB; 40 CFR 62 subpart
111
Legal Deadline: None
Abstract: This rule would amend the
final (December 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:
Action
Date FR Cite
NPRM
Direct Final Action
04/00/07
04/00/07
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
2741. NESHAP: PAINT STRIPPING
AND MISCELLANEOUS SURFACE
COATING OPERATIONS—AREA
SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2007, One often area
source category standards to be
promulgated as per 3/31/2006 order.
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 per
year of a single HAP or 25 tons per
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 refinishing, 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
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23188
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
refinishing, paint stripping, and surface
coating activities.
Timetable:
Action
Date
FR Cite
NPRM 06/00/07
Final Action 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4978;
Agency Contact: Warren lohnson,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5214
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN21
2742. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, July
18, 2002, CAA Amendments of 1977.
NPRM, Judicial, June 20, 2007.
Final, Judicial, March 12, 2008.
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
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.
Timetable:
Action
Date FR Cite
Notice
NPRM
Final Action
12/29/05
07/00/07
03/00/08
70 FR 77155
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, 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
2743. PREVENTION OF SIGNIFICANT
DETERIORATION, NON-ATTAINMENT
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 sec lll(a)(4)
CFR Citation: 40 CFR 51; 40 CFR 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.
Timetable:
Action
Date
FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23189
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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: lanet McDonald,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-1450
Email: mcdonald.janet@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@epa.gov
RIN: 2060-AN28
2744. 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 to 63.217
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
DC Circuit on June 18, 2004, in
Mossville Environmental Action v.
EPA, 370 F.3d 1232 (DC 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
Final Action
12/00/07
06/00/08
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
EPA Docket information: OAR-2002-
0037
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN33
2745. 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
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
2746. NESHAP:
ACRYLIC/MODACRYLIC FIBERS,
CHEMICAL MANUFACTURING:
CHROMIUM COMPOUNDS, FLEXIBLE
FOAM FABRICATION, AND FOAM
PRODUCTION, CARBON BLACK
PRODUCTION, LEAD ACID BATTERY
MANUFACTURING, WOOD
PRESERVING
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2007, six area source categories to
be final as per March 31, 2006 order.
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
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23190
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
to 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); 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
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
04/04/07 72 FR 16635
05/04/07
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5012;
Agency Contact: Sharon Nizich,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2825
Fax: 919-541-0072
Email: nizich.sharon@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN44
2747. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered—part of area
source deadlines.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations 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. 5015;
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27709
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN46
2748. 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: Final, Judicial,
December 15, 2008, Court-ordered—
part of area source deadlines.
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
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016;
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Email: serageldin.mohamed@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN47
2749. 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 767lq
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
Regulatory Flexibility Analysis
Required: Undetermined
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23191
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2750. 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: NPRM, Judicial, March
14, 2007, As per 12/2005 Consent
Decree, extended several times from
original date of 6/12/2006.
Final, Judicial, May 1, 2007, As per
12/2005 Consent Decree. Only required
if Agency proposes to grant petition.
Abstract: EPA received a petition from
Environmental Defense to list Diesel
Exhaust as a Hazardous Air Pollutant
(HAP). This notice announces EPA's
decision to deny the petition. This
decision is based on several
considerations. First, diesel exhaust is
a mixture of numerous chemicals and
its composition can vary between
engines and under different operating
conditions. Thus, "diesel exhaust" is
not appropriate for listing because it
does not present an effective regulatory
target. Second, adding an emission
mixture such as diesel exhaust to the
list of hazardous air pollutants appears
to be contrary to Congress' intent that
EPA list individual substances rather
than mixtures. Finally, adding diesel
exhaust to the list of hazardous air
pollutants would have little practical
impact on public health or the
environment because EPA is already
addressing emissions from diesel
engines through a number of voluntary
and regulatory programs, and adding
diesel exhaust to the list of HAP would
not likely impact the level of control
achieved in these programs.
The deadline for signature of the
Federal Register notice is November 15,
2006. (Received extension by litigants
December 14, 2006; Received another
extension by litigants March 14, 2007.)
Timetable:
Action
Date
FR Cite
NPRM 04/00/07
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: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN49
2751. 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 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
Fax: 202 343-2337
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AN58
2752. TRANSITION TO NEW OR
REVISED PARTICULATE MATTER
(PM) NAAQS
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
NAAQS proposal stated EPA will issue
ANPRM for implementation.
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 PM10 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 FR6718
07/00/07
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, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
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23192
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 541-0942
Email: paisie.joe@epa.gov
RIN: 2060-AN59
2753. 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
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
2754. 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.
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 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-1873
Email: manners.mary@epamail.epa.gov
Tandi Bagian, Environmental Protection
Agency, Air and Radiation, AAIO, Ann
Arbor, MI 48105
Phone: 734 214-1901
Email: bagian.tandi@epamail.epa.gov
RIN: 2060-AN68
2755. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR AEROSOL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59, subpart E
Legal Deadline: Final, Judicial,
September 30, 2007, sec 183(e) VOC
rules as per March 31, 2006 order.
Abstract: Under section 183(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
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 (GARB) 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,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN69
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23193
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2756. 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
Final Action
04/00/07
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, Research
Triangle Park, 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, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN72
2757. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF FOUR 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.
Timetable:
Action
Date FR Cite
NPRM 07/00/07
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@epamail.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
2758. 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 |i/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
to 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.
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
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
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23194
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
2759. RISK AND TECHNOLOGY
REVIEW PHASE II
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2),
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,
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
NPRM
Final Rule
08/00/07
06/00/09
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, Research
Triangle Park, NC 27711
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
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN85
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
2760. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT NEW SOURCE
REVIEW (NSR): REASONABLE
POSSIBILITY IN RECORDKEEPING
Priority: Substantive, Nonsignificant
Legal Authority: CAA title 1 C and D
CFR Citation: 40 CFR 51, app S; 40
CFR 51.165; 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: Final, ludicial,
September 30, 2007, OGC told the court
that the final would be signed in
September EPA is at risk of being put
on a court-ordered deadline.
Abstract: This rulemaking would
clarify the "reasonable possibility"
recordkeeping standard that we
promulgated in the NSR Reform rule
of 2002. In June 2005, the DC 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
NPRM Comment
Period End
Final Action
03/08/07 72 FR 10445
05/07/07
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5076;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-08/a3897.htm;
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C339-03, 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,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
RIN: 2060-AN88
2761. • REFINEMENT TO INCREMENT
MODELING PROCEDURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Part C of title I of the Clean
Air Act (CAA) contains the
requirements for a component of the
major New Source Review? (NSR)
program known as the Prevention of
Significant Deterioration (PSD)
program. This program sets forth
procedures for the preconstruction
review? and permitting of new? and
modified major stationary sources of air
pollution located in areas meeting the
National Ambient Air Quality
Standards (NAAQS); i.e., "attainment"
areas, or in areas for which there is
insufficient information to classify an
area as either attainment or
nonattainment; i.e., "unclassifiable"
areas. The applicability of the PSD
program to a particular source must be
determined in advance of construction
and is pollutant-specific.
The PSD program also established
increments, which are maximum
increases in ambient air concentrations
allowed in a PSD area over a baseline
concentration. These increments follow?
the three-tiered area classification
system established by Congress in
section 163 of the CAA. Class I areas
include certain national parks and
wilderness areas that were designated
by Congress as areas of special national
concern, where the need to prevent air
quality deterioration is the greatest.
class II areas are all areas not
specifically designated in the CAA as
class I areas and class III areas are the
ones originally designated as Class II,
where higher levels of industrial
development (and emission growth) are
desired.
In this rulemaking, we propose to
refine several aspects of the method
that may be used to calculate an
increase in concentration for increment
purposes. These refinements are
intended to clarify how States and
regulated sources may calculate
increases in concentration for purposes
of determining compliance with the
PSD increments.
Timetable:
Action
Date
FR Cite
NPRM
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5100;
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@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@epa.gov
RIN: 2060-AO02
2762. • HOSPITAL/
MEDICAL/INFECTIOUS WASTE
INCINERATION UNITS—RESPONSE
TO REMAND AND 5-YEAR
TECHNOLOGY REVIEW
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
January 27, 2007, As per 1/27/2006
Settlement Agreement.
Final, Judicial, January 27, 2008, As per
1/27/2006 Settlement Agreement.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new? and existing
hospital/medical/infectious waste
incineration units (HMIWI). Regulations
for HMIWI were promulgated on
September 15, 1997, and those
standards have been adopted and fully
implemented with all retrofits
completed. However, these regulations
were subsequently remanded by the
Court on March 2, 1999. The
fundamental issue leading to the
remand was the approach and
methodology used by EPA to develop
the HMIWI regulations. In effect, the
Court questioned whether the
regulations developed by EPA reflected
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
the actual emission performance of the
best controlled similar unit for new
HMIWI and the average of the best
performing 12 percent of units for
existing HMIWI, and remanded the
regulations to EPA for further
explanation of its reasoning in
determining the minimum regulatory
"floors" for new and existing HMIWI.
The purpose of the first part of this
project is to respond to this remand.
The second part of this project pertains
to Clean Air Act section 129(a)(5),
which requires EPA to review and, if
necessary, revise standards developed
under section 129 every 5 years. This
process, known as the 5-year
technology review?, involves assessing
the current environmental performance
of hospital/medical/infectious waste
incineration units and revising the
emission limits to reflect this actual
performance. The purpose of the
second part of this project is to review
the performance of control technology
and the associated emission reductions
achieved by the promulgated HMIWI
regulations to determine whether they
should be revised to better reflect
MACT. We note that implementation of
these MACT standards has been highly
effective, reducing emissions of the
nine section 129 pollutants (particulate
matter, carbon monoxide,
dioxins/furans, sulfur dioxide, nitrogen
oxides, hydrogen chloride, lead,
mercury, and cadmium) by more than
95 percent, and has reduced
dioxin/furan and mercury emissions by
more than 99 percent since 1995.
Additionally, the number of operational
units has dropped significantly since
promulgation in 1997 from 2,400 units
to approximately 80 units today. The
amendments resulting from this 5-year
review are expected to be minor, but
will prevent backsliding of HMIWI unit
performance.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
02/06/07 72 FR 5509
04/09/07
02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5071;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/February/Day-06/al617.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0534
URL For More Information:
http://www.epa.gov/ttn/atw/129/
hmiwi/rihmiwi.html
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov
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
RIN: 2060-AO04
2763. • FINAL EXTENSION OF THE
DEFERRED EFFECTIVE DATE FOR
8-HOUR OZONE NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR THE
DENVER EARLY ACTION COMPACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: NPRM, Judicial, March
1, 2007, NPRM must publish by
03/01/2007 to allow sufficient time to
publish Final by 06/01/2007 — 30 days
prior to 07/01/2007 effective date.
Final, Judicial, June 1, 2007, Final to
be published 06/01/2007 to be effective
07/01/2007 to avoid Denver going into
nonattainment.
Abstract: This rule proposes to defer
the effective date of nonattainment
designations for the Denver Early
Action Compact (EAC) area from July
1, 2007, until April 15, 2008. In a
previous rulemaking (November 29,
2006), EPA deferred until April 15,
2008, the nonattainment designations
for 13 other EAC areas which agreed
to reduce ground-level ozone pollution
earlier than the Clean Air Act requires
and to attain the National Ambient Air
Quality Standards (NAAQS) for ozone
by December 31, 2007. This action
must be finalized and published in the
Federal Register by March 1, 2007, in
order to obtain public comments,
finalize a rule, and publish by June 1,
2007, which will make it effective 30
days prior to the July 1, 2007, deferral
date. If this timing is not met then
Denver will automatically lapse into
nonattainment.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
03/01/07 72 FR 9285
04/02/07
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4839.6; EPA publication information:
NPRM-
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-09/al2960.htm;
Split from RIN 2060-AN90. 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, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, C304-05,
Research Triangle Park, NC 20460
Phone: 919 541-5565
Email: cole.david@epa.gov
RIN: 2060-AO05
2764. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING; SECOND GROUP
OF AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: A final rule for this source
category was published on November
10, 2003. Several parties petitioned the
rule and final amendments to address
issues raised by the petitioners were
published on July 14, 2006. This action
will correct several errors in the final
amendments. Also, this action will
propose an alternative control option
for wastewater treatment tanks operated
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
under negative pressure. Because the
rule references the HON, the change
will be made to the wastewater
standards in the HON.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4891.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
08/a23666.htm; Split from RIN 2060-
AM43.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO07
2765. • AIR QUALITY INDEX
REPORTING AND SIGNIFICANT HARM
LEVEL FOR PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58.50; 40 CFR
58, app G; 40 CFR 51.150 subpart H
Legal Deadline: None
Abstract: On July 23, 1999, EPA
adopted revisions to the uniform air
quality index used by States for daily
air quality reporting to the general
public in accordance with section 319
of the Clean Air Act (Act). These
changes included the addition of the
following elements: A new category
described as "unhealthy for sensitive
groups"; two new requirements, 1) to
report a pollutant-specific sensitive
group statement when the index is
above 100 and 2) to use specific colors
if the index is reported in a color
format; new breakpoints for the ozone
(O3) sub-index in terms of 8-hour
average O3 concentrations; a new sub-
index for fine particulate matter
(PM2.5); and conforming changes to the
sub-indices for coarse particulate matter
(PM10), carbon monoxide (CO), and
sulfur dioxide (SO 2). In addition, EPA
changed the name of the index from
the Pollutant Standards Index to the
Air Quality Index (AQJ). The revisions
enhance the communication of
pollutant-specific health effects
information to members of sensitive
groups, including precautionary actions
that can be taken by individuals to
reduce exposures of concern. The
revisions also enhance the usefulness
of the AQI with regard to other
programs that provide air quality
information and related health
information to the general public,
including State and local real-time air
quality data mapping and community
action programs.
In 2006, EPA promulgated a revised
national ambient air quality standard
(NAAQS) for PM2.5 levels of 35 ug/m3,
24-hour average. The purpose of this
rulemaking is to make revisions to the
AQI sub-index for PM2.5 to be
consistent with the new daily standard.
It is important to make this revision
expeditiously to allow members of the
public, especially members of sensitive
groups, to take exposure reduction
measures when PM2.5 levels are
forecasted to be high. State and local
air agencies are encouraging EPA to
make the revisions as soon as possible.
EPA has never set a Significant Harm
Level (SHL) for PM2.5. There are SHLs
for sulfur dioxide, ozone, carbon
monoxide, PM10, and nitrogen dioxide.
Designated areas must have
contingency plans in place to prevent
ever reaching this level. There is not
currently an SHL for PM2.5. The SHL
is typically the same concentration as
the 500 level of the AQI. So along with
revising the AQI for PM2.5, we will
also set an SHL for PM2.5.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5115;
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-1146
Email: stone.susan@epa.gov
Tom Helms, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 20460
Phone: 919 541-5527
Email: helms.tom@epa.gov
RIN: 2060-AOll
2766. • COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATION UNITS; RESPONSE TO
REMAND OF NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 62
Legal Deadline: None
Abstract: This action will propose
EPA's response to the remand of the
Commercial and Industrial Solid Waste
Incineration (CISWI) New Source
Performance Standards and Emission
Guidelines under section 129 of the
CAA. This action also will propose
several amendments to the standards.
We are considering covering the
following types of units located at
commercial or industrial facilities that
currently are not covered under CISWI:
Units with waste heat recovery, units
that burn more than 30 percent
municipal solid waste at
commercial/industrial facilities, and
cyclonic burn barrels. We also will
clarify provisions regarding air curtain
incinerators, the exemption for
chemical recovery units, the exemption
for spent sulfuric acid production,
startup and shutdown, and the
definition of clean wood waste. Finally,
in response to the voluntary remand of
the CISWI rules, we will examine and
revise as appropriate the methodology
for developing the MACT floors and
emission limits.
Timetable:
Action
Date FR Cite
NPRM 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 5105;
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
Mary lohnson, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov
RIN: 2060-AO12
2767. • CONSUMER AND
COMMERCIAL PRODUCTS, GROUP 3:
CONTROL TECHNIQUES GUIDELINES
IN LIEU OF REGULATIONS FOR
PAPER, FILM, AND FOIL COATINGS;
METAL FURNITURE COATINGS; AND
LARGE APPLIANCE COATINGS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial,
September 30, 2007.
Abstract: This action announces the
Administrator's determination under
section 183(e) for three categories of
consumer and commercial products
that control techniques guidelines
(CTG) are substantially as effective in
reducing VOC emissions in ozone
nonattainment areas as national rules
for these categories. The proposal will
solicit comments on the proposed
determinations and will announce draft
control technique recommendations for
each of the product categories. The
final notice will finalize the
determination and will announce
availability of CTGs covering these
categories. There is a court-ordered
deadline of September 30, 2007 for the
final determination and issuance of
CTGs.
Timetable:
Action
Date
FR Cite
NPRM 04/00/07
Final Action 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5132;
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AO14
2768. • NESHAP: PORTLAND CEMENT
NOTICE OF RECONSIDERATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: Final, Judicial,
December 20, 2007, Settlement
Agreement.
Abstract: On December 20, 2006, we
published final amendments to the
Portland Cement NESHAP. These
amendments were in response to a
remand by the DC Circuit Court of
portions of the final rule published in
1999. At the same time as the final
amendments were published, we also
published a notice of reconsideration of
the final new source limits for mercury
and total hydrocarbons (a surrogate for
non-dioxin organic HAP). We also are
reconsidering the ban on the use of
certain mercury containing fly ash in
both new and existing kilns. We took
this action because there are still
substantive technical issues, and there
was not sufficient opportunity for
public comment on parts of the final
action. In addition to these
reconsiderations, we anticipate we may
receive a reconsideration request from
the industry on other parts of the final
rule, specifically the work practice
standard for existing kilns to not
recycle cement kiln dust to the extent
that product quality is adversely
affected.
We have stated in the notice that we
will complete this reconsideration by
December 20, 2007. As part of this
effort, we are requesting that five
cement facilities that have wet
scrubbers or lime spray dryers for SO2
control perform inlet and outlet testing
for speciated mercury emissions and
submit the test data to EPA to be used
in the reconsideration for the new
source mercury standard. We are
assuming that the cement industry will
provide any additional data they want
us to consider on the other matters
under reconsideration and have no
other plans for any other testing
programs or data gathering at this time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4585.1; Split from RIN 2060-AJ78.; EPA
Docket information: EPA-HQ-OAR-
2002-0051
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
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO15
2769. • RISK AND TECHNOLOGY
REVIEW FOR GROUP 1: POLYMERS
AND RESINS I; POLYMERS AND
RESINS II, ACETAL RESINS, AND
HYDROGEN FLUORIDE
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA sec 112(d)(6)
CFR Citation: 40 CFR 63
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,
processes, and control technologies
according to section 112(d)(6) of the
CAA. We will use available data
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
including emissions from the most
recent 2002 national emission
inventory (NEI) and augment it with
available site-specific data. We 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.
This action is called Risk and
Technology Review? (RTR) Group 1. It
will address EPA's obligation to
conduct a residual risk review and to
conduct a technology review. It
includes nine source categories, each
affected by one of four MACT
standards. The nine source categories
are: Polysulfide rubber (P&R I MACT);
ethylene propylene rubber (P&R I
MACT); butyl rubber (P&R I MACT);
neoprene (P&R I MACT); epoxy resins
(P&R II MACT); non-nylon polyamides
(P&R II MACT); hydrogen fluoride
(GMACT); acetal resins (GMACT); and
mineral wool (Mineral Wool MACT).
We will also conduct a technology
review. Where additional controls are
identified, standards would be
developed that include technology,
work practice, or performance
standards as amendments to the
existing MACT standards.
Timetable:
Action
Date FR Cite
NPRM
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5126;
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 20460
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO16
2770. • AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF A
FAMILY OF FOUR
HYDROFLUOROPOLYETHERS
(HFPES)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude these HFPEs from the list
of volatile organic compounds (VOCs)
on the basis that, as a precursor, these
compounds make a negligible
contribution to the formation of
tropospheric ozone. These compounds
have the potential for use as
refrigerants because they are not
stratospheric ozone depleters. This
action will remove the necessity to
control these particular HFPEs as VOCs
in State Implementation Plans for
attaining the ozone standard.
Timetable:
Action
Date FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5131;
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AO17
2771. • RESPONSE TO REQUEST FOR
RECONSIDERATION OF FINAL AIR
EMISSION MACT RULES FOR LARGE
MUNICIPAL WASTE COMBUSTORS
(MWCS)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 129
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, July 16,
2007, Litigation stayed until
7/16/2007—EPA must publish final
response to request for reconsideration
by that date.
Abstract: EPA originally adopted air
emission standards for new and
existing large municipal waste
combustors (MWCs) in 1995. As
required by section 129 of the CAA,
EPA reviewed these standards and
proposed revised standards. The
proposal occurred on December 19,
2005, and final standards were
published on May 10, 2006 (71 FR
27323). A number of individuals,
including Earthjustice, filed litigation
on various aspects of the standards.
Earthjustice also filed a request for EPA
to reconsider four items included in the
final standards. Earthjustice did not
believe the changes made to the four
items following proposal were
adequately explained in the final FR
notice. EPA agreed to reconsider the
items and, following reconsideration,
would publish a FR notice explaining
EPA's logic for the changes, take
comment on the action, and publish a
final action. In response to this
commitment by EPA, the Court has
"held" the litigation until the
reconsideration action is complete. EPA
has committed to the Court to complete
the reconsideration (proposal and final
FR action) within 9 months. The Court
then issued an order for EPA to
complete the reconsideration in 9
months. EPA filed its motion with the
Court on October 16, 2006, and has,
therefore, committed to complete the
reconsideration by July 16, 2007 (9
months).
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
03/20/07 72 FR 13016
04/19/07
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5120;
Agency Contact: 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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
RIN: 2060-AO18
2772. • PREVENTION OF SIGNIFICANT
DETERIORATION FOR PM2.5—
INCREMENTS, SIGNIFICANT IMPACT
LEVELS, AND SIGNIFICANT
MONITORING CONCENTRATIONS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 52.21; 40 CFR
51.166
Legal Deadline: None
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration (PSD) of air quality due
to emissions of any pollutant for which
a NAAQS has been promulgated. The
NAAQS for PM2.5 was promulgated in
1997. On November 1, 2005, EPA
proposed regulations for the
implementation of the PM2.5 program
including the New Source Review?
(NSR) provisions. In that NPRM, we
indicated that we would be proposing
a separate rule for developing
increments, Significant Impact Levels
(SILs) and Significant Monitoring
Concentrations (SMCs), to facilitate
implementation of a PM2.5 PSD
program. Increments are maximum
allowable increases in ambient PM2.5
concentrations (PM2.5 increments)
allowed in an area above the baseline
concentration. SILs are a screening tool
used by a major PSD source to
determine if it needs to do a
comprehensive increments analysis. If
a source's impacts of PM2.5 emissions
are less than the corresponding SIL, the
source's impacts are considered to be
de minimis and no further modeling
analyses are required. Similarly, SMCs
are a screening tool used by a major
PSD source to determine if site-specific
ambient monitoring is necessary.
In this NPRM, we are proposing three
options each for developing PM2.5
increments, SILs and SMCs. EPA's
proposed increment options are the
percent of NAAQS option, also known
as the "safe harbor" approach, the
"Equivalent Increment" approach and
a variation of the second option that
also considers the stringency of PM2.5
NAAQS. For SILs we would be seeking
comments on three options—percent of
increments option, emissions ratio of
PM10 option, and NAAQS ratio of
PM10 option. For SMCs the three
options would be Emissions Ratio
option, NAAQS Ratio option, and
Lowest Detectable Concentration
option.
Timetable:
Action
Date FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5068;
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27709
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
Dan Deroeck, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27709
Phone: 919 541-5593
Fax: 919-685-3009
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AO24
2773. • PROTECTION OF
STRATOSPHERIC OZONE:
EXTENSION OF GLOBAL LAB AND
ANALYTICAL USE EXEMPTION FOR
ESSENTIAL CLASS I OZONE
DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82.8(b)
Legal Deadline: None
Abstract: EPA is proposing to extend
the global lab and analytical use
exemption for production and import
of class I ozone depleting substances
from December 31, 2007, to December
31, 2009, authorized by the Parties to
the Montreal Protocol on Substances
that Deplete the Ozone Layer and
consistent with the Clean Air Act
Amendments. The exemption applies to
production and import of ozone-
depleting substances for essential
laboratory and analytical uses as
defined by the Montreal Protocol. The
Montreal Protocol has permitted this
exemption since 1994. EPA is also
proposing to apply the exemption to
methyl bromide produced and
imported after the January 1, 2005,
phaseout date, authorized by the Parties
to the Protocol in Decision XVII/15.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5136;
Agency Contact: Staci Gatica,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9469
Email: gatica.staci@epa.gov
Marta Montoro, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9321
Fax: 202 565-2079
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AO28
2774. • PROTECTION OF THE
STRATOSPHERIC OZONE: THE 2008
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767lc(d)(6)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is proposing an
exemption to the phaseout of methyl
bromide to meet the needs of 2008
critical uses. Specifically, EPA is
authorizing uses that will qualify for
the 2008 critical use exemption and the
amount of methyl bromide that may be
produced, imported, or supplied from
inventory for those uses in 2008. EPA
takes this action under the authority of
the Clean Air Act to reflect recent
consensus decisions taken by the
parties to the Montreal Protocol on
Substances that Deplete the Ozone
Layer at the 18th Meeting of the Parties.
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23201
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5138;
Agency Contact: Aaron Levy,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9215
Fax: 202 343-2338
Email: levy.aaron@epamail.epa.gov
Marta Montoro, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9321
Fax: 202 565-2079
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AO30
2775. • REVISIONS TO
COGENERATION UNIT DEFINITION
UNDER CAIR, CAMR, AND NESHAP
AND CORRECTIONS TO CAIR AND
ACID RAIN PROGRAM RULES
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill; 42 USC
7401 et seq
CFR Citation: 40 CFR 51, 72, et seq;
40 CFR 60, 72, 75
Legal Deadline: None
Abstract: EPA is proposing action to
revise the thermal efficiency standard
that is part of the cogeneration unit
definition under the Clean Air
Interstate Rule (CAIR), Federal
Implementation Plan for CAIR, Clean
Air Mercury Rule (CAMR), and
Proposed Federal Plan for CAMR. Units
meeting the cogeneration unit
definition may be exempt from these
rules. Specifically, EPA is proposing to
revise the thermal efficiency standard
in the cogeneration unit definition so
that the standard would apply only to
the fossil fuel portion of a unit's energy
input. This change to the CAIR, CAIR
FIP, CAMR, and proposed CAMR
Federal Plan would likely result in
exempting some additional
cogeneration units from these rules.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/07
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5109;
Agency Contact: Elyse Steiner,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20005-4113
Phone: 202 343-9141
Fax: 202 343-2359
Email: steiner.elyse@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-AO33
2776. • UPDATE OF TEST
PROCEDURE SCHEDULE FOR
ALL-TERRAIN VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 1051
Legal Deadline: None
Abstract: In the FRM for new emission
standards for recreational vehicles, we
stated our intent to revisit and
potentially develop a new exhaust
emission test procedure for all terrain
vehicles (ATVs). In the interim, an
optional steady-State test procedure
was allowed through the 2008 model
year. In this action, we will extend the
period in which the optional test
procedure may be used. We will also
discuss the current state of the
evaluation of a potential new ATV test
procedure.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
05/00/07
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5107;
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4408
Fax: 734 214-4050
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AO35
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
2777. 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 is finalizing Federal
Implementation Plans to regulate
emissions from the Navajo Generating
Station and the Four Corners Power
Plant. The plants were previously
complying with emissions limits in the
Arizona and New Mexico State
Implementation Plans. However, EPA's
promulgation of the Tribal Authority
Rule clarified that State air quality
regulations generally could not be
extended to facilities located on the
reservation. These FIPs establish
federally enforceable emissions
limitations for sulfur dioxide, nitrogen
oxides, total particulate matter, and
opacity, and a requirement for control
measures for dust.
Timetable:
Action
Date
FR Cite
NPRM
09/08/99 64 FR 48725
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EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
Notice
Final Action
01/26/00 65 FR 4244
04/00/07
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: Rebecca Rosen,
Environmental Protection Agency,
Regional Office San Francisco, San
Francisco, CA 94105
Phone: 415 947-4152
Email: rosen.rebecca@epa.gov
Colleen McKaughan, Environmental
Protection Agency, AIRl, 4000 U.S.
Courthouse, 230 North 1st Avenue,
Phoenix, AZ 85025
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
2778. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR FOUR
CORNERS POWER PLANT; NAVAJO
NATION
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is finalizing Federal
Implementation Plans to regulate
emissions from the Navajo Generating
Station and the Four Corners Power
Plant. The plants were previously
complying with emissions limits in the
Arizona and New Mexico State
Implementation Plans. However, EPA's
promulgation of the Tribal Authority
Rule clarified that State air quality
regulations generally could not be
extended to facilities located on the
reservation. These FIPs establish
federally enforceable emissions
limitations for sulfur dioxide, nitrogen
oxides, total particulate matter, and
opacity, and a requirement for control
measures for dust.
Timetable:
Action
Date
FR Cite
Reproposal
Final Action
09/12/06 71 FR 53631
04/00/07
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/2006/September/Day-
12/al5097.pdf; Formerly listed as RIN
2060-AF42
Agency Contact: Rebecca Rosen,
Environmental Protection Agency,
Regional Office San Francisco, San
Francisco, CA 94105
Phone: 415 947-1152
Email: rosen.rebecca@epa.gov
Colleen McKaughan, Environmental
Protection Agency, AIRl, 4000 U.S.
Courthouse, 230 North 1st Avenue,
Phoenix, AZ 85025
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOl
2779. 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
Final Action 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
2780. 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
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23203
EPA—Clean Air Act (CAA)
Final Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/21/06 71 FR 48696
02/00/08
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: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27709
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
RIN: 2060-AH37
2781. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority: Economically Significant.
Major under 5 USC 801.
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/01/05 70 FR 65984
04/00/07
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/a20455.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
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
C504-02, Research Triangle Park, NC
27711
Phone: 919 541-3354
Fax:919-541-4028
Email: scavo.kimber@epamail.epa.gov
RIN: 2060-AK74
2782. 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, appendix J
to part 60; 40 CFR 63, appendix C to
part 63
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
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
NPRM Amendment 06/30/04 69 FR 39383
Final Action 03/00/08
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;
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EPA—Clean Air Act (CAA)
Final Rule Stage
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, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
2783. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60, app F,
prodedure 3
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: This rulemaking adds a
procedure 3 to appendix F of 40 CFR
part 60. This action provides quality
assurance specifications for continuous
opacity monitor systems (COMSs)
installed for compliance. States may
cite this procedure for sources with
installed COMS subject to compliance
limitations.
Timetable:
Action
Date FR Cite
Final Action
09/00/07
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
2784. 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, April 16, 2007, 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,
trichloroethylene, 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 per 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.
Timetable:
Action
Date
FR Cite
NPRM 08/17/06 71 FR 47670
NoticeofData 12/14/06 71 FR75182
Availability (NODA)
Final Action 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4668;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-17/a692 7.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 Dail,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-3470
Email: dail.lynn@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AK22
2785. 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)
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23205
EPA—Clean Air Act (CAA)
Final Rule Stage
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
06/00/07
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, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Michael Regan, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-5294
Email: regan.michael@epa.gov
RIN: 2060-AK54
2786. 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 760l(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 Rule 01/00/08
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, 6407, Ann Arbor, MI
48105
Phone: 734 214-1287
Email:
brunner.christine@epamail.epa.gov
Patrice Sims, Environmental Protection
Agency, Air and Radiation,
Washington, DC 20460
Phone: 202 564-8643
Email: sims.patrice@epamail.epa.gov
RIN:2060-AJ82
2787. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA,
SULFUR DIOXIDE (SO2) AREA
Priority: Info./Admin./Other
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/12/06 71 FR 39259
06/00/07
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
2788. 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
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23206
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal Government. The Department
of lustice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
Direct Final Rule
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: 734 214-4052
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
2789. 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 760l(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 that may have
significant unintended negative impacts
on refiners and importers. Today's
proposed actions would not
compromise the environmental goals of
the RFC program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
State/local/tribal governments.
Timetable:
Action
Date FR Cite
NPRM 01/04/05 70FR646
Final Action 06/00/07
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
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
2790. 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 80.8l(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations that 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 Rule 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, 6407, Ann Arbor, MI
48105
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23207
EPA—Clean Air Act (CAA)
Final Rule Stage
John Hannon, 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
2791. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(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 Rule
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, 6407, Ann Arbor, MI
48105
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
Patrice Sims, Environmental Protection
Agency, Air and Radiation,
Washington, DC 20460
Phone: 202 564-8643
Email: sims.patrice@epamail.epa.gov
RIN: 2060-AK69
2792. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): DEBOTTLENECKING,
AGGREGATION, AND PROJECT
NETTING
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 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.
Timetable:
Action
Date
FR Cite
NPRM 09/14/06 71 FR 54235
Final Action 09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4793;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
14/al5248.htm
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@epa.gov
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
2793. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 POUNDS AND IN-USE,
NOT-TO-EXCEED EMISSION
STANDARD TEST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
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
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
01/24/07 72 FR 3200
03/26/07
07/00/07
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23208
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
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. 4809;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/!anuary/Day-24/allOa.htm;
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
2794. 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, 2007, Thompson Report
commitment date for proposal and
March, 2007 for promulgation.
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 that will detect leaks
at a reduced cost 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
Extended NPRM
Comment Period
End
Final Action
06/07/06 71 FR 32885
07/00/07
Action
Date
FR Cite
NPRM
04/06/06 71 FR 17401
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, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AL98
2795. NESHAP AND NSPS FOR
MUNICIPAL SOLID WASTE
LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
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 the
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 part 60, promulgated on March 12,
1996. The amendment is being
undertaken in response to requests to
clarify our intent regarding what
constitutes an adequate landfill gas
treatment system. This action also
clarifies our intent to exempt from
control landfill gas that is
treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/08/06 71 FR 53272
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;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
08/a7493.htm; NPRM was published
09/08/2006 (71 FR 53272) as RIN 2060-
AJ41.
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-0634
Email: rackley.karen@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Related RIN: Previously reported as
2060-AHl 3, Previously reported as
2060-AJ41
RIN: 2060-AM08
2796. 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 767lq
CFR Citation: 40 CFR 82, subpart F
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23209
EPA—Clean Air Act (CAA)
Final Rule Stage
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
Final Action
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
2797. NESHAP: AREA SOURCE
STANDARDS—ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, Judicial, October 31, 2006, As
per 5/22/2003 Revised Partial Consent
Decree.
Final, Judicial, December 20, 2007, As
per 5/22/2003 Revised Partial Consent
Decree.
Abstract: On November 6, 2006, the
Agency proposed two options to
address the Clean Air Act requirements
for hospital sterilizers. One option
requires no action and the other action
requires implementation of a work
practice. 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
11/06/06
01/05/07
01/00/08
FR Cite
71 FR 64907
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4859;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/November/Day-
06/al8644.htm;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM14
2798. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION
ENGINES AND EQUIPMENT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 752l-760l(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.
Timetable:
Action
Date
FR Cite
Final Action 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, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4408
Fax: 734 214-4050
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
2799. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
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23210
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 tested
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
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:
Action
Date FR Cite
NPRM
Direct Final Action
Withdrawal of DFRM
Final Action
04/11/06 71 FR 18259
04/11/06 71 FR18219
06/07/06 71 FR 32840
06/00/07
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; EPA
Docket information: EPA-HQ-OAR-
2005-0131
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: 202 343-2338
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AM46
2800. 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: None
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 CFC and HCFC
refrigerants.
Timetable:
Action
Date FR Cite
Final Action
07/00/07
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
2801. 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 it chose to
adopt these technologies, would be
required to comply with the conditions
necessary to deploy these systems in
a safe manner.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/21/06 71 FR55140
10/23/06
07/00/07
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
Email: thundiyil.karen@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2337
Email: cohen.jeff@epamail.epa.gov
RIN: 2060-AM54
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23211
EPA—Clean Air Act (CAA)
Final Rule Stage
2802. 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 on
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. The 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
Final Action 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4901;
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
2803. NESHAP: GASOLINE
DISTRIBUTION AREA SOURCE
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006, As per 05/22/2003
Revised Partial Consent Decree.
Final, Judicial, December 20, 2007, As
per 05/22/2003 Revised Parital Consent
Decree.
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 had 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
Date
FR Cite
NPRM
NPRM Comment
Period End
NPRM Comment
Period Extended
Final Action
11/09/06 71 FR 66064
01/08/07
01/08/07 72FR726
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4907;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/November/Day-
09/al8656.htm
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
2804. 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, Consent Decree entered
7/15/2004 regarding NSPS
forcompression-ignited stationary
engines and NSPS for spark-ignited
engines.
Final, Judicial, December 20, 2007,
Consent Decree entered 7/15/2004
regarding NSPS forcompression—ignited
stationary engines and NSPS for
spark-ignited engines.
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.
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23212
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/12/06 71 FR 33804
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/!une/Day-12/a4919.htm;
Agency Contact: laime Pagan,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM81
2805. 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 emissions standards or the
test procedures used to quantify
emissions. Although there is no court-
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
emissions 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 FR2843
08/00/07
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: 734 214-1502
Email: hormes.linda@epamail.epa.gov
RIN: 2060-ANOl
2806. 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 be done as
two separate amendments to the final
National Emission Standard for
Hazardous Air Pollutants for the
surface coating of automobiles and
light-duty trucks. The first amendment
will add an option to include the
coating of heavier vehicles under the
automobile and light-duty truck rule.
The second amendment will clarify the
interaction between this rule and the
NESHAP for surface coating of plastic
parts and products. The second
amendment 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
NPRM Comment
Period End
Direct Final Rule
Direct Final
Amendment
12/22/06 71 FR 76956
01/22/07
12/22/06 71 FR 76922
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4958;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
22/a21974.htm;
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN10
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23213
EPA—Clean Air Act (CAA)
Final Rule Stage
2807. REVISIONS TO THE
CONTINUOUS EMISSIONS
MONITORING RULE FOR THE ACID
RAIN PROGRAM AND THE NOX
BUDGET TRADING PROGRAM
Timetable:
Action
NPRM
NPRM Comment
Date FR Cite
08/22/06 71 FR 49254
1 0/23/06
Timetable:
Action
NPRM
Final Action
Date
01/03/06
06/00/07
FR Cite
71 FR69
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 with 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.
Period End
Final Action
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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
2808. 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
what data must be reported to EPA.
The proposed rule would resolve these
differences.
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 27709
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
27709
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
2809. 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
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EPA—Clean Air Act (CAA)
Final Rule Stage
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
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
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: 202 343-2338
Email: maranion.bella@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2337
Email: cohen.jeff@epamail.epa.gov
RIN: 2060-AN30
2810. 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 from 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 40
CFR section 86.007-11. 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 Rule 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, ASD, Ann Arbor, MI
48105
Phone: 734 214-4387
Fax: 734 214-4816
Email: guerra.zuimdie@epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
CISD, Ann Arbor, MI 48105
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
RIN: 2060-AN39
2811. 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)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: Other, Statutory,
December 16, 2007, See the legal
deadline information in the additional
information 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!29(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.
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Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/18/06 71 FR75816
02/16/07
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5011;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/December/Day-
18/f21285.htm; 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
Fax: 919 541-0234
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN43
2812. 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, As per 05/22/2003
Revised Partial Consent Decree.
Final, Judicial, December 20, 2007, As
per 05/22/2003 Revised Partial 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: No
Small Entities Affected: Businesses
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, Research Triangle Park,
NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN62
2813. 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 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, if 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 FR Cite
06/23/06 71 FR 36042
08/22/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/lune/Day-23/a5620.htm;
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 343-9219
Email: gustafson.kurt@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-AN63
2814. NEW SOURCE PERFORMANCE
STANDARDS (NSPS): EQUIPMENT
LEAKS-SUBPARTS W AND 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,
EPA will review? and, if appropriate,
revise the new source performance
standards for equipment leaks (subparts
VV 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 VV) and oil refineries (subpart
GGG). EPA 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, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-0634
Email: rackley.karen@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN71
2815. 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
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 that may be
available to indicate a need for an
investigation.
Timetable:
Action
Date
FR Cite
Final Action 01/00/08
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
2816. RENEWABLE FUELS
STANDARD RULE
Priority: Other Significant
Legal Authority: PL 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.
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 per yr in
2006 up to 7.5 billion gal per yr in
2012. The Act provides that if EPA fails
to promulgate regulations within one
year, then a default value of 2.78
percent 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 a 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 December 30, 2005
interprets the default provision so that
it can be implemented with certainty
in the event EPA fails to promulgate
the RFS within 1 year of enactment.
It provides for refiners, importers, and
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Final Rule Stage
blenders to meet the 2.78 percent
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/22/06 71 FR 55552
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5048;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
22/a7887a.htm;
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,
Ann Arbor, MI 48104
Phone: 734 214-4507
Fax: 734 214-4050
Email:
korotney.david@epamail.epa.gov;
RIN: 2060-AN76
2817. PREVENTION OF SIGNIFICANT
DETERIORATION, NON-ATTAINMENT
NEW SOURCE REVIEW, AND TITLE V:
TREATMENT OF CORN MILLING
FACILITIES UNDER THE "MAJOR
EMITTING FACILITY" DEFINITION
Priority: Other Significant
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' recent recognition of the
enormous role that domestically
produced ethanol can play in reducing
our dependence on foreign oil (by
Congress' 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
04/00/07
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-
AIR/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
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C304-04, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
RIN: 2060-AN77
2818. 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 FR61701
12/04/06
04/00/07
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
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-1039
Email: schaefer.john@epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, C504-04,
Research Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-1039
Email: schell.bob@epa.gov
RIN: 2060-AN80
2819. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2007
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
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EPA—Clean Air Act (CAA)
Final Rule Stage
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 chemicals, which
became effective on January 1, 1996.
Essential uses include the manufacture
of important medical devices such as
asthma inhalers.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
11/03/06
12/04/06
04/00/07
FR Cite
71 FR 64670
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5056;
EPA publication information: NPRM -
NPRM:
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/November/Day-
03/al8581.htm; EPA Docket
information: EPA-HQ-OAR-2006-0159
URL For More Information:
http://www.epa.gov/ozone/title6/
phaseout/index.html
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
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9226
Fax: 202 565-2155
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN81
2820. TRANSPORTATION
CONFORMITY RULE AMENDMENTS
TO IMPLEMENT PROVISIONS
CONTAINED IN THE 2005
TRANSPORTATION BILL
(SAFETEA-LU)
Priority: Other Significant
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
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
Final Action 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: 734 214-1574
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
2821. 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 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Legal Deadline: None
Abstract: The final 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
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EPA—Clean Air Act (CAA)
Final Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/09/06 71 FR 45487
08/00/07
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 20460
Phone: 919 541-2910
Fax: 919 541-1039
Email: melton.lula@epa.gov
RIN: 2060-AN84
2822. 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.
Timetable:
Timetable:
Action
Date FR Cite
Final Action
08/00/07
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, C339-03, Research
Triangle Park, NC 27709
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
Dan Deroeck, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27709
Phone: 919 541-5593
Fax: 919-685-3009
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AN86
2823. 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.
Action
Date FR Cite
NPRM
Final Action
08/23/06 71 FR 49395
11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4697.1; EPA publication information:
NPRM-
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-23/al3951.htm;
Split from RIN 2060-AK45; EPA Docket
information: EPA-HQ-OAR-2005-0151
URL For More Information:
http://www.epa.gov/ozone/title6/
phaseout/index.html
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Fax: 202 343-2337
Email: newberg.cindy@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9226
Fax: 202 565-2155
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN87
2824. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT NEW SOURCE
REVIEW (NSR): REMOVAL OF
VACATED ELEMENTS
Priority: Other Significant
Legal Authority: CAA title I parts C
andD
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 (PCP).
Timetable:
Action
Date
FR Cite
Final Action
06/00/07
Regulatory Flexibility Analysis
Required: No
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EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5077;
Agency Contact: 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
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@epa.gov
RIN: 2060-AN92
2825. 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 allow only 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:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5080;
Agency Contact: Jamie Dong,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9672
Email: jamie.dong@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
2826. RECONSIDERATION OF NEW
SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY, INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL STEAM
GENERATING UNITS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, April
13, 2007, Court deadline for final
amendments.
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
02/09/07 72 FR 6320
03/12/07
Action
Date
FR Cite
Direct Final Rule
06/00/07
NPRM
NPRM Comment
Period End
Extension of Comment 03/06/07 72 FR 9903
Period
Final Action 04/00/07
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
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, SC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AN97
2827. CLEAN AIR MERCURY RULE:
FEDERAL PLAN
Priority: Other Significant
Legal Authority: CAA sec ill
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
NPRM Comment
Period End
Final Action
12/22/06 71 FR 77100
02/20/07
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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Final Rule Stage
Government Levels Affected: Local,
State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5094;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
22/a21573.htm;
Agency Contact: Kevin Culligan,
Environmental Protection Agency, Air
and Radiation, 6204J, 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
2828. 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: NPRM, Judicial,
December 15, 2006, Court Promise.
Court has stayed litigation with NRDC
pending EPA action on reconsideration
requests.
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
12/19/06 71 FR 75902
01/18/07
NPRM
NPRM Comment
Period End
Extension of Comment 01/12/07 72 FR 1473
Period
Final Action 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.6; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
19/a21379.htm; Split from RIN 2060-
AJ99.
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-01,
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
2829. • TWO OPTIONAL METHODS
FOR RELATIVE ACCURACY TEST
AUDITS OF MERCURY MONITORING
SYSTEMS INSTALLED ON
COMBUSTION FLUE GAS STREAMS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 63, app A
Legal Deadline: None
Abstract: This action proposes to add
two optional test methods for mercury
emissions to an existing regulatory
method requirement. Either or both of
these methods may then be used at the
discretion of the emission source in
place of the existing specified method
as an alternative means of performing
relative accuracy test audits of flue gas
mercury continuous emission monitors.
Either of these methods is considered
to be equal in the quality of the results
produced to the existing method. Use
of either proposed method is not
required, but either may be preferred
over the existing method requirement
because of decreased costs and more
timely results. This action does not
change any emission standards or add
any additional recordkeeping
requirements. This action is in regard
to testing and monitoring requirements
for mercury specified in the Federal
Register on May 18, 2005 (70 FR
28606). Since that time EPA has
received numerous comments
concerning the desirability of allowing
use of these optional methods, as they
may produce equally acceptable
measures of the relative accuracy
achieved by mercury monitoring
systems. An instrumental test method
for mercury and a sorbent trap test
method for mercury are being proposed
for addition to appendix A of 40 CFR
part 63. Their intended use is for the
performance of relative accuracy test
audits on installed mercury continuous
emission monitors. These methods are
being proposed so they may be cited
as optional alternatives to the current
method requirement as noted above.
Use of either optional method may be
found to be less costly and more timely
than the current method requirement,
which may still be used.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5112;
Agency Contact: William Grimley,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1065
Fax: 919 541-1039
Email:
grimley.william@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, E143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
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Final Rule Stage
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AOOl
2830. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SHIPBUILDING AND
SHIP REPAIR (SURFACE COATING)
OPERATIONS—AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Other, Statutory,
lanuary 2, 2007, Compliance date for
another MACT and this industry would
be subject to if these amendments are
not in place before then.
Abstract: On December 15, 1995, the
EPA issued national emission standards
for hazardous air pollutants (NESHAP)
under section 112 of the Clean Air Act
for shipbuilding and ship repair
(surface coating) operations. The
NESHAP requires existing and new
major sources to control emissions of
hazardous air pollutants to the extent
achievable by the use of maximum
achievable control technology. This
action is intended to more clearly state
the distinction between and the
definition of ship and pleasure craft.
It is being issued in response to
questions concerning whether yachts
greater than 20 meters (78.7 feet) in
length are ships and, therefore, subject
to the NESHAP or pleasure craft. The
direct final rule will revise the
definitions of pleasure craft and ship
and include size criteria to ensure that
all activities intended to be subject to
the NESHAP are in fact subject to it.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Direct Final Rule
Withdrawal of Direct
Rule
Final Action
12/29/06 71 FR 78392
01/29/07
12/29/06 71 FR 78369
02/27/07 72 FR 8630
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5106;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
29/a22428.htm;
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Email: serageldin.mohamed@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AO03
2831. • AMBIENT AIR MONITORING
REGULATIONS: CORRECTING AND
OTHER AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: None
Abstract: EPA recently finalized
changes to the ambient air monitoring
regulations in 40 CFR parts 50, 53, and
58 in support of revisions to the PM
National Ambient Air Quality
Standards that were finalized in a
concurrent rulemaking. Additional
changes were made in monitoring
regulations to implement portions of
the National Ambient Air Monitoring
Strategy; to take advantage of new
continuous particulate matter
monitoring technological developments;
to update quality assurance procedures;
and to more accurately reflect the roles
of EPA and other control authorities in
designing, reviewing, and modifying
ambient air networks. Following the
publication of the final monitoring rule,
several passages containing potentially
ambiguously worded rule and/or
preamble text were discovered.
Additionally, several text blocks
pertaining to PM10 monitoring network
design were found to be missing,
having been inadvertently omitted from
the final rule draft. In this Direct Final
action, EPA will clarify the specific
instances of ambiguous rule wording,
restore omitted text, and document
Federal Register printing errors in
tables and equations that occurred
when the final rule was published on
October 17, 2006.
Timetable:
Action
Date
FR Cite
Direct Final Action
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4421.1; EPA publication information:
NPRM-
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/January/Day-l 7/al 79.htm;
Split from RIN 2060-AJ25; Individual
Document id in the EPA docket: OAR-
2004-0018
Agency Contact: Lewis Weinstock,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
Tim Hanley, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-4417
Fax: 919 541-1903
Email: hanley.tim@epamail.epa.gov
RIN: 2060-AO06
2832. • UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS:
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This direct final action
amends a rulemaking entitled "Update
of Continuous Instrumental Test
Methods" that was promulgated on
May 15, 2006. This rulemaking
updated, harmonized, and simplified
Methods 3A, 6C, 7E, 10, and 20, which
measure oxygen, carbon dioxide, sulfur
dioxide, nitrogen oxides, and carbon
monoxide emissions from stationary
sources. As published, the final rule
contains inadvertent errors and created
minor unanticipated test situations that
need to be clearly addressed. This
direct final corrects the errors and
clearly explains how the unanticipated
situations are handled. These
amendments do not make significant
changes or add new provisions to the
rule nor raise issues that have not been
addressed in the public comment
period to the updated rule. We are
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Final Rule Stage
simply correcting errors and clarifying
portions to reflect the intent of the rule
and make them more understandable
by applicable parties.
Timetable:
Action
Date FR Cite
Direct Final Rule
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
4161.1; Split from RIN 2060-AK61.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD—19, Research
Triangle Park, NC 20460
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AO09
2833. • PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES—
N-PROPYL BROMIDE IN SOLVENT
CLEANING
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 rule would list whether
n-propyl bromide (nPB) is an
acceptable substitute for class I and
class II ozone depleting substances
used as solvents for general metals,
precision, and electronics cleaning.
This could provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. Any use conditions would be for
the purpose of ensuring that nPB is
used in a manner that is safe and
environmentally protective.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/03/03 68 FR 33283
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4599.2; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/June/Day-03/al3254.htm;
Split from RIN 2060-AK26. Split from
RIN 2060-AJ58. The previous ANPRM
was under SAN No. 3525; EPA Docket
information: EPA-HQ-OAR-2002-0064
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
Monica Shimamura, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9337
Fax: 202 343-2338
Email:
shimamura.monica@epamail.epa.gov
RIN: 2060-AOlO
2834. • CHANGE IN REGULATORY
DEADLINE FOR RULEMAKING TO
ADDRESS THE CONTROL OF
EMISSIONS FROM NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 94
Legal Deadline: None
Abstract: In a 2003 FRM promulgating
new standards for these engines (68 FR
9746, February 28, 2003), we
established a regulatory deadline of
April 27, 2007, to finalize a new tier
of standards that would reflect both the
state of technology that may permit
deeper emission reductions and the
status of international action for more
stringent standards. Since that time, we
have continued to engage the industry
and other stakeholders and to assess
emission control technology. In
addition, we have worked through the
International Maritime Organization to
further the goal of more stringent
exhaust emission standards for all ships
used in international traffic. However,
the international process has taken
longer than anticipated. The purpose of
this action is to put a new regulatory
deadline in place recognizing the
current situation. Because of the long
lead times associated with ship designs
and the role of the international process
in addressing emissions from foreign
flagged ships, we do not believe that
this process extension will delay the
achievement of further emission
reductions from these marine engines.
Timetable:
Action
Date FR Cite
Direct Final Rule
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5130;
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Jean-Marie Revelt, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO26
2835. • AMENDMENT OF DEFINITIONS
FOR NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS
POLLUTANTS FOR RADIONUCLIDES,
SUBPARTS H AND I
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 61.90(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 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. The current
definition of "effective dose
equivalent" refers to a method of
calculation in International
Commission on Radiological Protection
(ICRP) publication no. 26. Removing
this reference will prevent confusion if
EPA incorporates newer ICRP methods
for calculating effective dose equivalent
in its compliance models.
Timetable:
Action
Date
FR Cite
Direct Final Rule
12/00/07
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EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5114;
Agency Contact: Behram Shroff,
Environmental Protection Agency, Air
and Radiation, 66081, Washington, DC
20460
Phone: 202 343-9707
Fax: 202 343-2304
Email: shroff.behram@epa.gov
Dan Schultheisz, Environmental
Protection Agency, Air and Radiation,
66081, Washington, DC 20460
Phone: 202 343-9349
Fax: 202 343-2304
Email: schultheisz.daniel@epa.gov
RIN: 2060-AO31
2836. • PROTECTION OF
STRATOSPHERIC OZONE: REVISION
OF REFRIGERANT RECYCLING AND
RECOVERY EQUIPMENT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: The existing regulations
covering specifications for motor
vehicle air conditioning refrigerant
recovery/recycling machines reference
outdated Society of Automotive
Engineers (SAE) standards. This
regulation will update existing
regulations to match newly updated
SAE standards.
Timetable:
Action
Date FR Cite
Direct Final Rule
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5065;
URL For More Information:
http://www.epa.gov/ozone/snap/
re frigerants/lists/m vacs.html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AO32
2837. • REGULATION OF FUELS AND
FUEL ADDITIVES: EXTENSION OF
THE REFORMULATED GASOLINE
PROGRAM TO THE EAST ST. LOUIS,
ILLINOIS, OZONE NON-ATTAINMENT
AREA
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 80.70
Legal Deadline: Final, Statutory,
lanuary 28, 2007, EPA directed by sec
211(k) of the Clean Air Act to set an
effective date within one year of receipt
by petition of the Governor.
Other, ludicial, March 28, 2007,
Withdrawal of DFR must be published
by 03/28/2007 to cancel compliance
date.
Abstract: Under section 211(k)(6) of the
Clean Air Act, as amended (Act), the
Administrator of EPA shall require the
sale of reformulated gasoline (RFC) in
ozone nonattainment areas upon the
application of the Governor of the State
in which the nonattainment area is
located. EPA received an application
luly 10, 2006, from the Honorable Rod
R. Blagojevich, Governor of the State
of Illinois, for the East St. Louis
moderate ozone nonattainment area to
be included in the reformulated
gasoline program. This notice proposes
to extend the Act's prohibition against
the sale of conventional (i.e., non-
reformulated) gasoline in RFC areas to
the East St. Louis, Illinois, moderate
ozone nonattainment area.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Direct Final Action
Withdrawal of Direct
Final
Final Action
12/27/06 71 FR 77690
01/26/07
12/27/06 71 FR77615
03/29/07 72 FR 14681
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5104;
EPA publication information: Direct
Final Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
27/a22162.htm;
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 343-9219
Email: gustafson.kurt@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-AO34
2838. • FUEL ECONOMY
REGULATIONS FOR AUTOMOBILES:
TECHNICAL AMENDMENTS AND
CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 49 USC 32901 et seq
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: This action amends and
corrects portions of the Environmental
Protection Agency's (EPA) existing fuel
economy regulations, located at 40 CFR
part 600. There are two reasons for this
action. First, some minor corrections
and amendments are needed to correct
portions of EPA's final rule for fuel
economy labeling requirements for cars
and light trucks (71 FR 77872,
December 27, 2006). Some
typographical errors and errors of
omission will be corrected. Second, the
Department of Transportation finalized
new average fuel economy standards
for light trucks on April 6, 2006 (71
FR 77872). This rule amended the
existing DOT regulations at 49 CFR part
523, 533, and 537, by adding new
definitions, setting new fuel economy
standards for light trucks, and
amending some reporting requirements.
In order for DOT to execute its new
requirements, DOT's regulations rely on
EPA to reference the new definitions
and collect the new information from
automobile manufacturers, so that EPA
can determine the new light truck
average fuel economy targets. The new
definitions include "medium duty
passenger vehicle" and "footprint."
Under the Energy Policy and
Conservation Act (EPCA), EPA is
required to calculate the average fuel
economy of a manufacturer using
methods it prescribes by regulation. (49
U.S.C. 32904(a)(l)(A)). EPA has
conducted this activity for about 30
years and this rulemaking only updates
the information the Agency will receive
from the auto manufacturers. The
changes adopted by DOT include a new
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23225
EPA—Clean Air Act (CAA)
Final Rule Stage
requirement to determine the
"footprint" for each model type of
vehicle, so that target standards can be
calculated. EPA must therefore collect
"footprint" data from auto
manufacturers, which includes
measurements for front track width,
rear track width, wheelbase, and final
sales of each model type. EPA's current
regulations do not require
manufacturers to submit this
information, thus a minor amendment
is needed to add this information
collection. The DOT rule takes effect
with 2008 model year trucks, which
can begin to be produced as early as
January 2, 2007; thus it is important
that EPA begin collecting this new
information as soon as possible. These
changes do not change the existing EPA
test procedures or calculation methods
for average fuel economy.
Timetable:
Action
Date
FR Cite
Direct Final Rule 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5124;
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
David Good, Environmental Protection
Agency, Air and Radiation, AAPTIG,
Ann Arbor, MI 48105
Phone: 734 214-4450
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-AO36
2839. • NONROAD DIESEL
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: EO 12866; EO 13132;
EO 13175; EO 13045; EO 13211
CFR Citation: 40 CFR 89; 40 CFR 1039
Legal Deadline: None
Abstract: In this rulemaking, EPA is
making certain technical corrections to
the existing rules establishing emission
standards for nonroad diesel engines
(40 CFR parts 89 and 1039). We are
amending those rules to provide
nonroad diesel equipment
manufacturers with production
technical relief provisions that address
minor technical compliance problems
that were not foreseen when the
original rule was promulgated.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5125;
Agency Contact: Zuimdie Guerra,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-1387
Fax: 734 214-4816
Email: guerra.zuimdie@epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
CISD, Ann Arbor, MI 48105
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
RIN: 2060-AO37
2840. • RECOMMENDED TEST
METHODS FOR STATE
IMPLEMENTATION PLANS (40 CFR
PART 51, APPENDIX M), ADDITION OF
METHOD 207, "PRE-SURVEY
PROCEDURE FOR CORN
WET-MILLING FACILITY EMISSION
SOURCES"
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action proposes to add
a test method for measuring VOC
emissions from corn wet milling
operations to 40 CFR part 51, appendix
M, "Recommended Test Methods for
State Implementation Plans."
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5140;
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-0516
Email: mcalister.gary@epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO39
2841.* RESPONSE TO
RECONSIDERATION REGARDING
NESHAP STARTUP, SHUTDOWN, AND
MALFUNCTION AMENDMENTS
Priority: Info./Admin./Other
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, April
12, 2007, Issue response before the next
status report.
Abstract: On June 19, 2006,
Earthjustice on behalf of the Coalition
for a Safe Environment petitioned the
Administrator to reconsider a final
action taken on startup, shutdown, and
malfunction provisions in the part 63
General Provisions. This action will
announce EPA's response to that
petition.
Timetable:
Action
Date FR Cite
Final Action
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5141;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Michael Regan, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-5294
Email: regan.michael@epa.gov
RIN: 2060-AO40
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
2842. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section ll2(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
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
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@epa.gov
RIN: 2050-AE95
2843. 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,
August 1, 1999.
Abstract: Review? of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review? of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/09
11/00/09
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
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, Research Triangle Park, NC
27711
Phone: 919 541-5271
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
2844. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on November
25, 1996 (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.
Timetable:
Action
Date
FR Cite
ANPRM 11/25/96 61 FR 59849
Direct Final—pet jud 03/09/99 64 FR 11536
rev
NPRM—pet jud rev 03/09/99 64FR 11555
Direct Final—comp ext 05/07/99 64 FR 24511
Direct Final—pet rec 06/08/99 64 FR 30406
equip leaks
NPRM 2 06/08/99 64 FR 30453
NPRM 3 06/08/99 64 FR 30456
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23227
EPA—Clean Air Act (CAA)
Long-Term Actions
Action
Direct Final — stay
notice
NPRM — stay notice
Direct FinalOO
NPRMOO
Direct Final 4
Final ActionO!
Direct Final Comp.
NPRM ComplianceOI
Final 1
Final 2
NPRM
Date FR Cite
06/30/99 64 FR 35023
06/30/99 64 FR 35 107
08/29/00 65 FR 5231 9
08/29/00 65 FR 52392
10/26/00 65 FR 641 61
02/23/01 66 FR 11 233
02/26/01 66 FR 11 543
02/26/01 66 FR 1550
07/16/01 66 FR 36924
08/06/01 66 FR 40903
12/00/08
the PSD permit review? procedures for
new and modified major stationary
sources near these non-Federal class I
areas. EPA seeks to develop clarifying
PSD permit application procedures that
are effective, efficient, and equitable.
Timetable:
Action Date FR Cite
ANPRM 05/16/97 62 FR 271 58
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
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: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH47
2845. 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 its lands as class I areas to
provide enhanced protection for its air
quality resources. This rule will clarify
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919;
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AHOl
2846. 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
04/07/04
04/07/04
08/18/04
06/00/08
FR Cite
69 FR 18327
69 FR 18338
69 FR 51 184
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
2847. 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C445-01,
Research Triangle Park, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epa.gov
RIN: 2060-AK84
2848. 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, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.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
2849. 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 part 85, subpart
P, to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review? of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) Formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States;
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/24/94 59 FR 13912
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2665;
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EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Bob Doyle,
Environmental Protection Agency, Air
and Radiation, 64051, Washington, DC
20460
Phone: 202 343-9258
Email: doyle.robert@epa.gov
RIN: 2060-AI03
2850. NESHAP: NATIONAL EMISSION
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 p articulate matter for
cement kilns that burn hazardous
wastes. In this final rule EPA plans to
issue its final reconsideration
determination of this emission
standard. This final rule will be issued
in conjunction with another rule
related to the reconsideration
proceedings (SAN 5047.1).
Timetable:
Action
Date FR Cite
NPRM
Administrative Stay
Final Action
03/23/06 71 FR 14665
03/23/06 71 FR 14655
To Be Determined
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:
http ://www. epa.gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epa.gov
RIN: 2050-AG29
2851. 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: Final, ludicial, April
16, 2007.
EPA's promise to court to complete
reconsideration. (Sierra Club v. EPA No
05-1441 (D.C. Cir.)) July 16, 2007, EPA
to inform court of Agency's intended
disposition of rule in light of Brick
MACT decision.
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 September 6,
2006, EPA granted reconsideration of
and requested comment on seven issues
raised in the petitions. EPA also
proposed several amendments and
corrections to the October 2005 final
rule that clarify several compliance and
monitoring amendments. This final rule
will be issued in conjunction with
another rule related to the
reconsideration proceedings (SAN
5047).
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/06/06 71 FR 52624
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No.
5047.1; EPA publication information:
NPRM-
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
06/a7251.htm; Split from RIN 2050-
AG29; EPA Docket information: EPA-
HQ-OAR-2004-0022
URL For More Information:
http: //www. ep a. gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epa.gov
RIN: 2050-AG35
2852. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
"CAA 176(c)"
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
States for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
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EPA—Clean Air Act (CAA)
Long-Term Actions
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 11/00/08
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, Ann Arbor, MI
48105
Phone: 734 214-4238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
2853. 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 addresses
ozone transport in the eastern half of
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 I 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, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.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
2854. LIFTING THE STAY OF THE
EIGHT-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 (DC Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (DC 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
DC 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 section 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
2855. 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
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23231
EPA—Clean Air Act (CAA)
Long-Term Actions
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
submittal 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 that
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
NPRM
07/19/04 69 FR 42954
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AM20
2856. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT 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;40CFR 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 parts 51 and
52). SAN 4676's final action—referred
to as the "equipment replacement
provision" (ERP)—was promulgated in
the Federal Register on October 27,
2003 (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
December 31, 2002 (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: 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
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@epa.gov
RIN: 2060-AM62
2857. 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;
40 CFR 63
Legal Deadline: None
Abstract: This project is part of a four-
pronged approach to improve emissions
monitoring in air regulations. The
purpose of this project is to identify
and update existing regulations with
poor or no emissions monitoring
provisions. More specifically, the
purpose of this project is to review
parts 60, 61, and 63 regulations where
the emissions monitoring provisions are
deemed inadequate to provide a
reasonable assurance of compliance. An
ANPRM was published asking for
comments on updating existing
regulations with poor or no emissions
monitoring provisions. A response to
comments document has been
prepared. In addition, a database
including the initial review? of the
emissions monitoring provisions'
inadequacies of parts 60, 61, and 63
rules has been completed.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
02/16/05 70 FR 7905
10/00/08
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;
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EPA—Clean Air Act (CAA)
Long-Term Actions
Split from RIN 2060-AK29; Individual
Document id in the EPA docket:
http://www.epa.gov/edocket
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,
D243-05, Research Triangle Park, NC
27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AM63
2858. 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 of EPA to establish emissions
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
06/00/09
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
2859. 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
7601(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 I Rule to Implement the 8-Hour
Ozone NAAQS as requested by
Earthjustice. Specifically, this rule will
address the Overwhelming Transport
Classification. The Phase I Rule
provided specific requirements for State
and local air pollution control agencies
and Tribes to prepare State
implementation plans (SIPs) and Tribal
Implementation Plans (TIPs) under the
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 I 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
08/00/08
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: Denise Gerth,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Email: silvasi.john@epa.gov
RIN: 2060-AN26
2860. 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:
Action
Date
FR Cite
NPRM 06/00/08
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
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, Research Triangle Park, NC
27711
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23233
EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN37
2861. NOTICE FOR INFORMATION ON
DETERMINING THE EMISSIONS
REDUCTIONS ACHIEVED FROM
LIMITING THE VOC CONTENT OF
ARCHITECTURAL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: CAAA sec 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
Date FR Cite
ANPRM
Comment Period
Extended
Second Comment
Period Extended
NPRM
08/31/05 70 FR 51694
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/al 7357.htm;
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.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
2862. 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
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 the permitting
authority or the source.
Timetable:
Action
Date FR Cite
Direct Final Rule
10/00/08
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,
D243-05, Research Triangle Park, NC
27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AN93
2863. 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 seven specific pollutants
(including mercury) assuring that
sources accounting for not less than 90
percent of the aggregate emissions of
each pollutant are subject to standards
pursuant to section 112(d)(2). Chlor-
alkali plants are among the source
categories listed to achieve the 90
percent goal for mercury. Currently, the
source category includes nine plants in
eight 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 2005 only three tons of mercury
were unaccounted for, from mercury
cell plants. Since the amount of
mercury in products, and wastes, and
mercury emitted to the air through
stacks are 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.
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23234
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5095;
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN99
2864. • AREA SOURCE NESHAP FOR
FERROALLOYS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Sectionll2 (k) of the Clean
Air Act requires the development of
standards for area sources that 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 ferroalloys production as
an area source category. Pollutants
emitted include mostly metallic HAP
such as manganese, nickel, and
chromium compounds, as well as
polycyclic aromatic hydrocarbons
(PAH) such as benzoanthracene and
benzopyrene. Ferroalloys are alloys of
iron in which one or more chemical
elements are added into molten metal,
usually in steelmaking. Worldwide, the
principal ferroalloys are those of
chromium, manganese, and silicon.
Ferroalloys are also made with boron,
titanium, cobalt, columbium,
molybdenum, nickel, and vanadium,
etc. Although calcium carbide and
silicon metal are not ferroalloys, they
are included in the proposed
ferroalloys source category because
each is manufactured using virtually
the same equipment and processes as
ferroalloys. This source category is
currently regulated under both the new
source performance standards (NSPS)
and the national emissions standards
for hazardous air pollutants (NESHAP)
for major sources. There are
approximately 19 area source facilities
in the U.S. An informal information
collection request was sent out to the
facilities that use electric arc furnaces
for production in July 2006.
Timetable:
Action
Date FR Cite
NPRM 05/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 5122;
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO13
2865. • REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR NITROGEN DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review and, if appropriate, revise air
quality criteria primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
periodically. On October 11, 1995, the
EPA published a final rule not to revise
either the primary or secondary
NAAQS for nitrogen dioxide (NO2).
That action provided the
Administrator's final determination,
after careful evaluation of comments
received on the October 1995 proposal,
that revisions to neither the primary
nor the secondary NAAQS for NO2
were appropriate at that time. On
December 9, 2005, the EPA/ORD
initiated the current periodic review of
NO2 air quality criteria, the scientific
basis for the NAAQS, with a call for
information in the Federal Register.
(This regulatory action is for the
Agency's review of the primary NO2
NAAQS. Review of the secondary NO2
NAAQS will be part of a separate
regulatory action combined with review?
of the sulfur dioxide NAAQS.) The
EPA's ORD and OAR will prepare a
plan for the primary NO2 NAAQS
review, which will be an integrated
plan for addressing policy-relevant
scientific and technical issues and will
include a schedule for the review?.
Subsequently, a Science Assessment
and a Policy Assessment will be
prepared jointly by ORD and OAR. The
Policy Assessment will evaluate the
policy implications of key information
contained in the Science Assessment,
as well as any appropriate technical
analyses. These documents will be
reviewed by the Clean Air Scientific
Advisory Committee (CASAC), an
independent science advisory
committee established to review? the
scientific and technical basis of the
NAAQS, and the public, and both final
documents will reflect the input
received through these reviews. As the
primary NO2 NAAQS review? is
completed, the Administrator's
proposal to retain or revise the NO2
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/09
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5111;
Agency Contact: David 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23235
EPA—Clean Air Act (CAA)
Long-Term Actions
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-AO19
2866. • RECONSIDERATION OF
STATIONARY COMBUSTION TURBINE
NSPS (SUBPART KKKK)
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is granting
reconsideration on several relatively
minor issues in the recently finalized
stationary combustion turbine NSPS
rule, subpart KKKK. The final rule does
not require NOx continuous emission
monitors (GEMS), but many new
turbines will be required to install
GEMS due to other regulatory
programs. The credible evidence rule
requires that units with GEMS
demonstrate continuous compliance.
Issues under reconsideration include if
EPA should add a detailed
methodology for units with GEMS to
determine and report compliance under
all situations. EPA will also be
proposing to clarify that new,
reconstruction, and modification
should be determined in a similar
manner as the previous stationary
combustion turbine NSPS, subpart GG.
EPA is not reconsidering the emission
standards.
Any changes that result from the
reconsideration are not anticipated to
result in additional controls being
required or an increase in compliance
costs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5116;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-1003
Fax: 919 541-5450
Email: fellner.christian@epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AO23
2867. • NESHAP— AREA SOURCE
STANDARDS— NINE METAL
FABRICATION AND FINISHING
SOURCE CATEGORIES (12 SIC'S, 25
NAICS CODES)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
Timetable:
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, Court-ordered deadline.
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 equivalent to
generally available control technology
(GACT). The following nine metal
fabrication and finishing area source
categories have been identified as
contributing to the 33 urban HAP
emissions (Cd, Cr, Mn. Ni, Pb): (1)
Electrical and Electronic Equipment
Finishing Operations (SICs 3699, 3621),
(2) Fabricated Metal Products (SIC
3499), (3) Fabricated Plate Work (Boiler
Shops) (SIC 3443), (4) Fabricated
Structural Metal Manufacturing (SIC
3441), (5) Heating Equipment, except
Electric (SIC 3433), (6) Industrial
Machinery and Equipment: Finishing
Operations (SIC's 3531, 3533, 3561), (7)
Iron and Steel Forging (SIC 3462), (8)
Primary Metal Products Manufacturing
(SIC 3399), (9) Valves and Pipe Fittings
(SIC 3494). These nine industry sectors
have common and similar processes
that can emit air pollutants: abrasive
blasting, welding, painting, plating, and
machining/grinding.
Action
Date FR Cite
NPRM 06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5135;
Agency Contact: Donnalee Jones,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO27
2868. • REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS—
NONMETALLIC MINERALS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, April 16, 2009, As per
11/16/2006 Consent Decree.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act mandates that EPA
review and if appropriate revise
existing NSPS at least every 8 years.
The NSPS was initially promulgated on
August 1, 1985. The NSPS was
reviewed in the mid-1990's. Final
revisions for that review were
promulgated on June 9, 1997. On
October 2006, EPA entered into a
consent decree with the Sierra Club
and other environmental groups. The
decree requires proposal of any further
revisions by April 2008 and final
revisions promulgated on April 2009.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
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23236
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5145;
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D 243-02, Research
Triangle Park, NC 20460
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO41
2869. • REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS-
PORTLAND CEMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 111
CFR Citation: 40 CFR 60, subpart F
Legal Deadline: NPRM, Judicial, May
31, 2008, Court-ordered deadline.
Final, Judicial, May 31, 2009,
Court-ordered deadline.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants from new stationary sources.
The Portland Cement NSPS were
originally promulgated in 1971, and
last reviewed in 1988. Section 111 of
the Clean Air Act requires that NSPS
be reviewed every 8 years, and revised
as appropriate, so the review is
overdue. The Sierra Club filed a lawsuit
to compel us to perform this review?.
We have agreed to review the NSPS
and propose any appropriate changes
by May 31, 2008, and to promulgate
the final changes by May 31, 2009.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/08
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5143;
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
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO42
2870. • REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS
(SUBPART UUU)—MINERAL
DRYERS/CALCINERS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section lll(b)(l)(B) of the
Clean Air Act mandates that EPA
review, and if appropriate, revise
existing NSPSs at least every 8 years.
This NSPS was proposed on April 23,
1986; and promulgated on September
28, 1992. There have been no prior
reviews of this NSPS.
Timetable:
Action
Date
FR Cite
NPRM
04/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5142;
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D 243-02, Research
Triangle Park, NC 20460
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO43
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
2871. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Completed:
Reason
Date
FR Cite
Withdrawn 03/07/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dave Mckee
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Susan Stone
Phone: 919 541-1146
Email: stone.susan@epa.gov
RIN: 2060-AA61
2872. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1340 to
63.1359
Completed:
Reason
Date
FR Cite
12/02/05 70 FR 72330
01/09/06 71 FR1403
NPRM
Extension of Public
Comment Period
Reopening of Public 07/18/06 71 FR 40679
Comment Period
FR Notice 12/20/06 71 FR 76553
Final Action 12/20/06 71 FR 76518
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Keith Barnett
Phone: 919 541-5605
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23237
EPA—Clean Air Act (CAA)
Completed Actions
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-A178
2873. NESHAP: GROUP II POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 01/09/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
KG Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK13
2874. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/14/06 71 FR 34422
12/21/06 71 FR 76603
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
KG Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK14
2875. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 80; 40 CFR 86
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/29/06 71 FR 15804
02/26/07 72 FR 8428
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Christopher Lieske
Phone: 734 214-1584
Email:
lieske.christopher@epamail.epa.gov
RIN: 2060-AK70
2876. 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
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 03/07/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mark Morris
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup
Phone: 919 541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL86
2877. NESHAP: OIL AND NATURAL
GAS PRODUCTION FACILITIES-
AREA SOURCE RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.760 to 63.779
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/08/05 70 FR 39441
01/03/07 72FR26
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM16
2878. STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 04/13/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill Schrock
Phone: 919 541-5032
Email: schrock.bill@epa.gov
Robin Dunkins
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AM26
2879. NESHAP: SITE REMEDIATION:
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
05/01/06 71 FR 25531
11/29/06 71 FR 69011
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
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EPA—Clean Air Act (CAA)
Completed Actions
Email: hustvedt.ken@epa.gov
RIN: 2060-AM30
2880. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 03/14/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill Neuffer
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM53
2881. NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR)
Priority: Other Significant
CFR Citation: 40 CFR 51, app S
Completed:
Reason
Date
FR Cite
Final Action 03/08/07 72 FR 10367
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Lisa Sutton
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Janet McDonald
Phone: 919 541-1450
Email: mcdonald.janet@epamail.epa.gov
RIN: 2060-AM59
2882. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES IN
FOAM BLOWING
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Final Action 03/28/07 72 FR 14432
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Jeff Cohen
Phone: 202 343-9005
Fax: 202 343-2337
Email: cohen.jeff@epamail.epa.gov
Margaret Sheppard
Phone: 202 343-9163
Fax: 202 343-2337
Email: sheppard.margaret@epa.gov
RIN: 2060-ANll
2883. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Priority: Other Significant
CFR Citation: 40 CFR 600
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/01/06 71 FR5426
12/27/06 71 FR 77872
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Roberts French
Phone: 734 214-1380
Email: french.roberts@epamail.epa.gov
Robin Moran
Phone: 734 214-1781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AN14
2884. INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL BOILER AND
PROCESS HEATER NESHAP,
RECONSIDERATION OF EMISSIONS
AVERAGING PROVISION AND
TECHNICAL CORRECTIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.7480
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/31/05 70 FR 62264
12/06/06 71 FR 70651
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jim Eddinger
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert Wayland
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN32
2885. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
HFE-7300
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 5l.lOO(s)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/09/06 71 FR 6729
01/18/07 72 FR 2193
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dave Sanders
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson
Phone: 919 541-5245
Fax: 919 541-0824
Email:
Johnson. williaml@epamail. epa.gov
RIN: 2060-AN34
2886. TREATMENT OF DATA
INFLUENCED BY EXCEPTIONAL
EVENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50
Completed:
Reason
Date
FR Cite
Final Action 03/22/07 72 FR 13560
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Larry Wallace
Phone: 919 541-0906
Fax: 919 541-5489
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23239
EPA—Clean Air Act (CAA)
Completed Actions
Email: wallace.larry@epa.gov
Eric Ginsburg
Phone: 919 541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epa.gov
RIN: 2060-AN40
2887. NESHAP FOR AREA SOURCES:
POLYVINYL CHLORIDE AND
COPOLYMERS PRODUCTION,
PRIMARY COPPER SMELTING,
SECONDARY COPPER SMELTING,
PRIMARY NONFERROUS METALS
(ZINC, CADMIUM, AND BERYLLIUM)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/06/06 71 FR 59302
01/23/07 72 FR 2930
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sharon Nizich
Phone: 919 541-2825
Fax: 919-541-0072
Email: nizich.sharon@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN45
2888. PROTECTION OF
STRATOSPHERIC OZONE: 2007
CRITICAL USE EXEMPTIONS FOR
METHYL BROMIDE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/06/06 71 FR 38325
12/14/06 71 FR 75386
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Marta Montoro
Phone: 202 343-9321
Fax: 202 565-2079
Email: montoro.marta@epamail.epa.gov
Ross Brennan
Phone: 202 343-9226
Fax: 202 565-2155
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN54
2889. AMENDMENT TO TIER 2
VEHICLE EMISSION STANDARDS AND
GASOLINE SULFUR REQUIREMENTS:
EXEMPTION FOR U.S. TERRITORIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80(H)
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
12/28/06 71 FR78123
12/28/06 71 FR 78086
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Alvaro Alvarado
Phone: 202 343-9473
Email: alvarado.alvaro@epa.gov
Leila Cook
Phone: 734 214-1820
Email: cook.leila@epamail.epa.gov
RIN: 2060-AN66
2890. INTERPRETIVE RULEMAKING
TO CLARIFY THE SCOPE OF
CERTAIN MONITORING
REQUIREMENTS FOR FEDERAL AND
STATE OPERATING PERMITS
PROGRAMS
Priority: Other Significant
CFR Citation: 40 CFR 70; 40 CFR 71
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/02/06 71 FR 32006
12/15/06 71 FR 75422
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Peter Westlin
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Barrett Parker
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AN74
2891. FINAL EXTENSION OF THE
DEFERRED EFFECTIVE DATE OF
NON-ATTAINMENT DESIGNATIONS
FOR 8-HOUR OZONE NAAQS FOR
EARLY ACTION COMPACT AREAS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date
FR Cite
NPRM
Final Action
Correction Notice
08/09/06 71 FR 45492
11/29/06 71 FR 69022
12/15/06 71 FR 75431
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Barbara Driscoll
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epamail.epa.gov
David Cole
Phone: 919 541-5565
Email: cole.david@epa.gov
RIN: 2060-AN90
2892. OTHER SOLID WASTE
INCINERATION UNITS: RESPONSE TO
PETITION FOR RECONSIDERATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Notice of 06/28/06 71 FR 36726
Reconsideration of
Final Rule
Final Action 01/22/07 72 FR 2620
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Martha Smith
Phone: 919 541-2421
Fax: 919 541-0234
Email: smith.martha@epa.gov
Robin Dunkins
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN91
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
2893. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES AND
EMISSION GUIDELINES FOR
EXISTING SOURCES—OTHER SOLID
WASTE INCINERATION UNITS:
TECHNICAL AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
11/24/06 71 FR 68743
11/24/06 71 FR 67802
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Martha Smith
Phone: 919 541-2421
Fax: 919 541-0234
Email: smith.martha@epa.gov
Robin Dunkins
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AN95
2894. STANDARDS OF
PERFORMANCE FOR NEW
INDUSTRIAL—COMMERCIAL-
INSTITUTIONAL STEAM GENERATING
UNITS: AMENDMENT FOR
FACILITY-SPECIFIC NOX STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60.40b
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
11/16/06 71 FR 66720
11/16/06 71 FR 66681
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: lim Eddinger
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert J. Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN96
2895. • NOTICE OF STATUS OF
SUBMISSION OF CLEAN AIR
MERCURY RULE (CAMR) STATE
PLANS FOR NEW AND EXISTING
STATIONARY SOURCES: ELECTRIC
UTILITY STEAM GENERATING UNITS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7411; 42 USC
7401; 42 USC 7403; 42 USC 7426; 42
USC 7601; 42 USC 7651
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Legal Deadline: None
Abstract: CAMR requires that States
and Tribes submit, by November 17,
2006, plans that detail how they will
achieve the mandated mercury
emission reductions. At present, some
States have submitted plans, others are
still in the process of developing plans,
and some are choosing not to submit
but to instead use the Federal Plan
(which is soon to be proposed). This
rule makes a finding that certain States
submitted CAMR State Plans by the
November deadline. In conjunction
with this rule, EPA will send letters
to each State or Tribe as a courtesy.
This rule does not modify CAMR in
any way and simply serves to
acknowledge submission of State Plans
by the deadline. The rule also
acknowledges the efforts of those States
and Tribes that have not yet submitted
a plan and reaffirms EPA's preference
to use States' and Tribes' approaches
to achieving the required emission
reductions, rather than using a Federal
Plan.
Timetable:
Action
Date
FR Cite
FinalAction 12/14/06 71 FR75117
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.
Additional Information: SAN No.
4571.4; EPA publication information:
Final Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
14/a21283.htm; Split from RIN 2060-
AJ65; EPA Docket information: OAR-
2002-0056
URL For More Information:
www. epa.gov/ttn/atWutility/
utiltoxpg.html
Agency Contact: Sam Waltzer,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 202 343-9175
Fax: 202 565-2140
Email: waltzer.sam@epamail.epa.gov
Murat Kavlak, Environmental
Protection Agency, Air and Radiation,
C439-01, Washington, DC 20460
Phone: 202 343-9634
Fax: 202 565-2140
Email: kavlak.murat@epamail.epa.gov
RIN: 2060-AO08
2896. • CLEAN AIR INTERSTATE
RULE (CAIR) AND FEDERAL
IMPLEMENTATION PLANS FOR CAIR;
CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51; 40 CFR 96;
40 CFR 97
Legal Deadline: None
Abstract: The Clean Air Interstate Rule
(CAIR) and the CAIR FIP contain
minor, non-substantive errors that may
prove to be misleading and are in need
of clarification. This new action
corrects typographical errors, makes
minor word corrections, and corrects or
provides more specificity in references
to other paragraphs or sections within
the regulatory text. This action does not
change any of the CAIR or CAIR FIP
rule requirements.
Timetable:
Action
Date
FR Cite
FinalAction 12/13/06 71 FR 74792
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5103;
EPA publication information: Final
Action -
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
13/a21199.htm
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23241
EPA—Clean Air Act (CAA)
Completed Actions
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-04, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Barbara Driscoll, Environmental
Protection Agency, Air and Radiation,
C539-04, Research Triangle Park, NC
27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epamail.epa.gov
RIN: 2060-AO21
2897. • IMPLEMENTATION OF THE
8-HOUR OZONE NATIONAL AMBIENT
AIR QUALITY STANDARD (NAAQS)
PHASE II: CORRECTION NOTICE
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This notice makes corrections
to the preamble of the final Phase 2
rule To Implement the 8-Hour Ozone
National Ambient Air Quality
Standards (NAAQS). The preamble of
the Phase 2 rule cites section 172(e)
of the Clean Air Act (CAA) in the
discussion of reasonable further
progress requirements, and this
correction notice clarifies that section
172(c) of the CAA should have been
cited. This notice is modifying several
incorrect citations in appendix A of the
preamble to the Phase 2 rule; that
appendix addresses calculation of
reasonable further progress (RFP)
targets.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.7; EPA publication information:
Final Action, Correction -
http://www. epa.gov/ fedrgstr/EPA-
AIR/2006/October/Day-04/al6377.htm;
Split from RIN 2060-AN23. Split from
RIN 2060-AJ99.
Agency Contact: Denise Gerth,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
Final Action,
Correction
10/04/06 71 FR58498 RIN: 2060-AO22
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
2898. 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
2899. 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
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste, and
Transuranic Waste. The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
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
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@epa.gov
RIN: 2060-AH90
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Final Rule Stage
2900. 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 (NRC). EPA
was 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
recommentations 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/22/05 70 FR 49014
04/00/07
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;
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@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
Environmental Protection Agency (EPA)
Noise Control Act (NCA)
Proposed Rule Stage
2901.* REVISION OF
HEARING-PROTECTOR
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: Noise Control Act of
1972, sec 8
CFR Citation: 40 CFR 211, subpart B
Legal Deadline: None
Abstract: The Office of Air and
Radiation plans to undertake a revision
of EPA's regulation at 40 CFR part 211,
subpart B, regarding the labeling of
products that are sold wholly or in part
on the basis of their ability to reduce
the level of sound entering a person's
ears, typically referred to as "Hearing
Protectors." This action is being taken
under the authority of section 8 of the
Noise Control Act of 1972, which
authorizes EPA to revise the current
compliance test methodologies as
necessary, and incorporate new test
methods and rating schemes to address
hearing protector technologies that have
evolved since initial promulgation of
the regulation in 1979.
Timetable:
Action
Date FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5102;
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EPA—Noise Control Act (NCA)
Proposed Rule Stage
Agency Contact: Ken Feith,
Environmental Protection Agency, Air
and Radiation, 6103, Washington, DC
20460
Phone: 202 564-1679
Fax: 202 564-1677
Email: feith.ken@epamail.epa.gov
Catrice lefferson, Environmental
Protection Agency, Air and Radiation,
6103, Washington, DC 20460
Phone: 202 564-1668
Fax: 202 564-1677
Email:
jefferson.catrice@epamail.epa.gov
RIN: 2060-AO25
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
P re rule Stage
2902. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority: Other Significant
Legal Authority: 15 USC 2603 "TSCA";
21 USC 346(a) "FFDCA"; 42 USC
300(a)(17) "SDWA"; 7 USC 136
"FIFRA"
CFR Citation: None
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 Disrupter 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 to 100
chemicals was finalized in September
2005 (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 to 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.
Timetable:
Action
Date FR Cite
Draft Procedures
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4728;
EPA publication information: Notice-
Notice; 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 Disrupter Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
URL For More Information:
http://www.epa.gov/scipoly/oscpendo/
index.htm
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
2903. PESTICIDES; DETERMINATION
OF STATUS OF PRIONS AS PESTS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136w
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
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Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
2904. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
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, and
environmental fate and effects.
Timetable:
Action
Date
FR Cite
NPRM
01/00/08
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:
http://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
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
2905. 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 66FR37855
4
Reproposal 04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
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:
http://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
2906. 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
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
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
2907. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 40 CFR 156; 40 CFR 170
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.
Timetable:
Action
Date FR Cite
NPRM
12/00/08
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
2908. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a; 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 03/00/08
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
2909. PESTICIDES; EXPANSION OF
CROP GROUPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346a
CFR Citation: 40 CFR 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
05/00/07
Regulatory Flexibility Analysis
Required: No
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
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
2910. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
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.
Timetable:
Action
Date
FR Cite
NPRM
10/00/07
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
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
2911. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
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 the 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
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process.
Timetable:
Action
Date FR Cite
03/11/05 70 FR 12277
04/01/05 70 FR 16785
NPRM
Notice of Public
Meeting
Extension of Comment 06/08/05 70 FR 33414
Period
Final Action 09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
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.epa.gov/edocket
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://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
2912. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
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
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology, and
environmental fate and effects. The
revision will not include plant-
incorporated protectants.
Timetable:
Action
Date FR Cite
Final Action
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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:
http://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
2913. 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
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 new entry for that effort in the
Regulatory Agenda.
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 66FR37855
4
Supplemental NPRM 08/20/01 66 FR 43552
5
Notice: Withdrawal of 05/00/07
NPRM
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:
http://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: 202 564-8492
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@epa.gov
RIN: 2070-AD55
2914. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is 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 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Action
Date FR Cite
Supplemental NPRM 07/19/01 66 FR 37855
4
Notice: Withdrawal of 05/00/07
NPRM
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:
http://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: 202 564-8492
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@epa.gov
RIN: 2070-AD56
2915. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a) "FIFRA
sec 3"; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
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
groundwater only, and to determine the
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
Notice of Availability
regarding
Metolachlor
Supplemental NPRM
Notice: Withdrawal of
NPRM
06/26/96 61 FR 33259
02/23/00 65 FR 8925
03/24/00 65 FR 15885
05/00/07
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
2916. 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 52979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23249
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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
2917. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a 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.
Timetable:
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: 202 564-1047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Related RIN: Previously reported as
2020-AA44
RIN: 2015-AAOO
2918. 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
NPRM
Notice
Final Action 1
Final Action 2
Date FR Cite
09/17/99 64 FR 50671
11/16/99 64 FR 621 45
12/14/01 66 FR 64759
To Be Determined
Action
Date FR Cite
NPRM
Final Action
06/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: Final
Action 1 -
http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname=
2001_register&docid=frl4de01-9.pdf;
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
2919. REGULATIONS TO FACILITATE
COMPLIANCE WITH THE FEDERAL
INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT BY PRODUCERS
OF PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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
04/00/08
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: 202 564-8492
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
RIN:2070-AJ32
2920. • PLANT-INCORPORATED
PROTECTANT—ASSOCIATED FUSION
PROTEINS (PIP-AFPS)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 174.3
Legal Deadline: None
Abstract: The Agency is determining
the regulatory status of a specific type
of protein that may arise as a result
of inserting genetic material into a
plant to produce a plant-incorporated
protectant (PIP); e.g., (1)
transgene/plant-fusion protein—a
protein produced from a fusion of PIP
genetic material with plant genetic
material and (2) transgene/transgene-
fusion protein—a protein produced
from an internal rearrangement within
the PIP genetic material. This type of
protein called a Plant-Incorporated
Protectant-Associated Fusion Protein
(PIP-AFP), and the genetic material
necessary to produce it, should be
considered part of the PIP and thus
regulated by EPA under FIFRA and
FFDCA section 408. PIP-AFPs can
occur during the insertional event
when a genetic construct becomes
integrated into the genome in such a
way that some regulatory control
regions are lost or genetic information
fused.
Timetable:
Action
Date
FR Cite
NPRM
08/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5101
Agency Contact: Kenneth Haymes,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-0306
Fax: 202 564-8502
Email: haymes.kenneth@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8492
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
RIN: 2070-AJ33
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
2921. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Timetable:
Action
Date
FR Cite
Transferred to RIN
2015-AAOO
RIN: 2020-AA44
03/14/07
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23251
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
P re rule Stage
2922. 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 necessary for the
assessment of chemical substances and
mixtures from persons that manufacture
or process them when statutory
findings concerning (1) production
volume and exposure/entry into the
environment or (2) potential hazard can
be made, 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. In October 2006,
EPA announced a collaborative process
to design a nanoscale material
stewardship program inviting 500
organizations and agencies to
participate. 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 and a paper that
describes determining the inventory
status of nanoscale materials.
Timetable:
Action
Date FR Cite
Draft
05/00/07
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: 202 564-9490
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
2923. 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) no unreasonable risk to health or the
environment will occur and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment.
Timetable:
Action
Date
FR Cite
NPRM: NewDOD
Petition
06/00/07
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: 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
2924. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Other Significant
Legal Authority: 15 USC 2603
CFR Citation: 40 CFR 790 to 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
Second NPRM
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-2005-0033
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
2925. 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
09/00/07
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: bowser.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
2926. 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 to
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 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 these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date
FR Cite
NPRM 03/00/08
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;
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23253
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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:
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@epa.gov
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
RIN: 2070-AD64
2927. 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
12/00/07
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
2928. 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
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 to 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
02/00/08
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
2929. 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
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EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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
07/00/07
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
Miriam Wigganslewis, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9373
Fax: 202 564-9262
Email: wigganslewis.miriam@epa.gov
RIN: 2070-AJ21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
2930. 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
publish a notice withdrawing the
proposal.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 03/09/94 59 FR 11122
Notice: Withdrawal of 05/00/07
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@epa.gov
RIN: 2070-AC21
2931. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
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
NPRM
Final Action
03/07/06 71 FR11485
01/00/08
ANPRM
05/13/91 56 FR 22096 Legal Deadline: None
Regulatory Flexibility Analysis
Required: No
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23255
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD58
2932. 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 to 4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR, or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
06/11/86 51 FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
NPRM: 84-1056
NPRM: 86-566
NPRM: Aluminum
Cross-Linked
Sodium Carboxy
methylcellulose
Final Action: 84-1056 12/00/07
Final Action: 86-566 12/00/07
Final Action: 12/00/07
Aluminum
Cross-Linked
Sodium Carboxy
methylcellulose
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
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AA59
2933. 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 premanufacture
notification (PMN) substance may
present an unreasonable risk, it may
issue a section 5(e) consent order to
limit these activities. However, such
orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import, or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import, or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to full notice and comment
procedures and are listed below.
Timetable:
Action
Date FR Cite
NPRM: Aromatic 06/06/94 59 FR 29255
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether 12/19/94 59 FR 65289
of Alkanetriol
Polymer (93-458)
NPRM: Certain 06/26/97 62 FR 34421
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Direct Final Rule: 10/06/06 71 FR 59066
Certain Chemical
Substances Batch
FY06-1
Direct Final Rule: 03/29/07 72 FR 14681
Certain Chemical
Substances, Batch
FY07-1
Direct Final Rule: 05/00/07
Certain Chemical
Substances, Batch
FY07-2
Final Action: Alkenyl 12/00/07
Ether of Alkanetriol
Polymer (93-458)
Final Action: Aromatic 12/00/07
Amino Ether
(P90-1840)
Regulatory Flexibility Analysis
Required: No
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EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
EPA publication information: Direct
Final Action: SNUR Revocation -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/October/Day-06/tl6574.htm;
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
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AB27
2934. 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
Date
FR Cite
NPRM
Final Action
07/11/06 71 FR 39035
05/00/07
Regulatory Flexibility Analysis
Required: No
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
2935. 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 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import, and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances.
Timetable:
Action
Date FR Cite
Final Action: 51 st ITC 06/11/03 68 FR 34832
List
Final Action: 53rd ITC 12/07/04 69 FR 70552
List
Final Action: 55th, 08/16/06 71FR47122
56th, and 58th ITC
Lists
Final Action: 60th ITC 09/00/07
List
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: 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@epa.gov
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.jerry@epa.gov
RIN: 2070-AB08
2936. 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
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Final Rule Stage
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
05/04/04 69 FR 24517
08/16/06 71 FR47130
09/00/07
Final Action: 51st ITC
List (has actions
from lists 43, 47,
and 50)
Final Action: 55th,
56th, and 58th ITC
Lists
Final Action: 60th ITC
List
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: 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
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.jerry@epa.gov
RIN: 2070-ABll
2937. 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
Abeer Hashem, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3128
Fax: 202 564-4775
Email: hashen.abeer@epa.gov
RIN: 2070-AD25
2938. 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
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. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants (HAPs),
including diethanolamine (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
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Final Rule Stage
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, 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 EGAs, 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 12/00/07
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@epamail.epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Fax: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ09
2939. 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 (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. 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
EGAs, 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 EGAs, 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 12/00/07
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
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Fax: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ10
2940. 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;
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23259
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
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. 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
EGAs, 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 EGAs, 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
12/00/07
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
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Fax: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJll
2941. 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 (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. 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
EGAs, 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 EGAs, 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 12/00/07
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
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Fax: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ13
2942. SIGNIFICANT NEW USE RULE;
PERFLUOROALKYL SULFONATES
(PFAS)
Priority: Routine and Frequent
Legal Authority: 15 USC 2604; 15 USC
2607; 15 USC 2625
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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 that 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
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
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4974;
EPA publication information: NPRM -
http: //www. ep a. gov/EP A-
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: 202 564-9490
Email: alwood.jim@epa.gov
RIN: 2070-AJ18
2943. 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 followup 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 the 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
10/00/07
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23261
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
2944. 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
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
ASMARA. 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:
Action
Date FR Cite
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
2945. 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
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program, which may be
adopted by any State that 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@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@epa.gov
RIN: 2070-AC64
2946. 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 sec 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
designed to expand consumer
awareness and create demand for the
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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.]
Timetable:
Action
Date FR Cite
NPRM
Notice of Availability;
Supplemental
Economic Analysis
Notice of Availability;
Draft Pamphlet
Request for Comment;
Lead Paint Test Kit
Development
NPRM: Extension of
Comment Period
Notice of Availability:
Study Results
Final Action
01/10/06 71 FR1588
03/02/06 71 FR 10628
03/08/06 71 FR11570
03/16/06 71 FR 13561
04/06/06 71 FR 17409
03/12/07 72 FR 12582
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, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Fax: 202 566-0471
Email: wilson.mike@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC83
2947. 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
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: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AD52
2948. 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 790-799
Legal Deadline: None
Abstract: EPA is developing 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
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23263
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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.
Timetable:
Action
Date FR Cite
10/20/06 71 FR61926
12/19/06
NPRM
NPRM Comment
Period End
Extension of Comment 12/18/06 71 FR 75704
Period
Final Action 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/October/Day-20/al7569.htm
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
2949. 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 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. 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
2950. 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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/vccep 1.
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 and Public
Meeting
Notice: Stakeholder 03/29/00 65 FR 16590
Involvement
Process and Public
Meeting
Notice Announcing 12/26/00 65 FR 81700
VCCEP and Pilot
Notice: Pilot 11/20/06 71 FR 67121
Evaluation Request
for Feedback
Notice To Be Determined
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: 202 564-8171
Fax: 202 564-4765
Email: penberthy.ward@epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
2951. 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 environmental 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 FR33178
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:
www.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@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
2952. 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
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23265
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
2953. 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
2954. 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
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
2955. 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
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23266
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
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: Heavy Metals 01/15/02 67 FR 1937
Final Action: 12/00/08
2,4-Pentanedione
Final Action: Heavy 12/00/08
Metals
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923
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
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-AA58
2956. 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: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
2957. 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
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD53
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23267
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
2958. 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 greater than 50 ppm
PCBs in paint, gaskets, and cable that
cannot be easily removed. In 2003,
MARAD exported four surplus ships to
a shipyard in the United Kingdom,
Able UK, for scrapping; however, the
planned export of an additional nine
ships had been prevented by a
temporary restraining order issued by
the U.S. District Court for DC. 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, perhaps
sometime in 2008, the Agency will
conclude its review. EPA can grant
these petitions through notice-and-
comment rulemaking for a period of up
to 1 year, provided it can make a
finding of no unreasonable risk and
good faith efforts to find substitutes.
Timetable:
Action
Date FR Cite
NPRM
06/00/08
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: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Fax: 202 566-0473
Email:
vendinello.lynn@epamail.epa.gov
RIN:2070-AJ05
2959. 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
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
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
Final Action: EGA and 07/08/05 70 FR 39630
CO for
Fluoropolymer
Chemicals
Incineration
Final Action: EGA and 07/08/05 70 FR 39624
CO for
Fluorotelomer-
based Polymer
Chemicals
Incineration
Notice: Telomer 08/00/08
Report
Notice: Fluoropolymer 10/00/09
Report
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:
http://www.epa.gov/oppt/pfoa/
index.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
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@epa.gov
RIN: 2070-AJ06
2960. 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
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23268
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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 16669). 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
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
ANPRM
NPRM
Final Action: EGA and
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:
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-AJ07
2961. 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 five 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
Final Action
06/25/91 56 FR 29140
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.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-AJ08
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
2962. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority: Other Significant
CFR Citation: 40 CFR 707
Completed:
Reason
Date
FR Cite
NPRM
02/09/06 71 FR 6733
Reason
Date
FR Cite
FinalAction 11/14/06 71 FR66234
Technical Correction 11/28/06 71 FR 68750
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Greg Schweer
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Ken Moss
Phone: 202 564-8179
Fax: 202 564-4765
Email: moss.kenneth@epa.gov
RIN: 2070-AJ01
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23269
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
2963. 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 (TPQJ for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current 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
302-304 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
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@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@epa.gov
RIN: 2050-AF08
NPRM
03/00/08
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
2964. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS TO PARTS 355 AND
370
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 some
of the remaining issues from the
proposed rule of June 8, 1998.
Reporting thresholds for gasoline and
diesel fuel at retail gas stations were
finalized on February 11, 1999 (64 FR
7031). This rule will address those
reporting changes in section B of the
preamble to the proposed rule under
the heading "Other Regulatory
Changes." The revisions in this rule
will have only minimal impact on the
regulated community. Most of the
changes are minor revisions and
clarifications of interpretation that EPA
has been providing the regulated
communities. In addition, as stated in
the proposed rule, 40 CFR parts 355
and 370 will be reorganized and
rewritten in Plain English format to
make them clearer and easier to use.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/08/98 63 FR 31268
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
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@epa.gov
RIN: 2050-AE17
2965. 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
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23270
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
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 that 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
05/00/07
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. sec. 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:
www. ep a. 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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
2966. 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
To Be Determined
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-AAll
2967. TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
AND 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, and 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,
and titantate is 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.
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23271
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
Response To Be Determined
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, and
Titanate (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:
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
2968. 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.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
09/05/00 65 FR 53681
06/14/05 70 FR 34437
02/00/09
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/Day-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
2969. 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
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response 05/00/08
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:
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23272
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
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-AA19
2970. • 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 370
Legal Deadline: None
Abstract: This supplemental proposal
will address reporting thresholds for
rock salt, sand, gravel and other
chemicals those pose minimal risk. The
proposed rule was published on June
8, 1998 (63 FR 31268). 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
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3215.1; Split from RIN 2050-AE17.
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@epa.gov
RIN: 2050-AG40
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
2971. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/04/05 70 FR 57822
12/22/06 71 FR 76932
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Marc Edmonds
Phone: 202 566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Larry Reisman
Phone: 202 566-0751
Fax: 202 566-0727
Email: reisman.larry@epamail.epa.gov
RIN: 2025-AA14
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23273
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
P re rule Stage
2972. 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 (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 (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 of new
information and data on the
management of coal combustion wastes
that the Agency will consider in
deciding next steps in this effort.
Timetable:
Action
Date
FR Cite
NODA
NPRM
05/00/07
To Be Determined
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,
5306P, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: livnat.alexander@epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE81
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
2973. 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.
Timetable:
Action
Date
FR Cite
NPRM
06/00/07
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,
5302P, 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, 5302P, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epa.gov
RIN: 2050-AG24
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23274
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
2974. DEFINITION OF SOLID WASTES
REVISIONS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 6903 "RCRA
sec 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 has issued a supplemental
proposal to 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.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Supplemental NPRM
Comment Period
End
Final Action
10/28/03 68 FR 61558
03/26/07 72 FR 14172
05/25/07
08/00/08
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,
5304P, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
RIN: 2050-AG31
2975. 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 National Environmental
Performance Track program was
designed and endorsed across the
Agency with support and collaboration
among EPA, States, and environmental
non-governmental organizations.
Launched in 2000 and supported by
each succeeding Administrator,
Performance Track recognizes and
drives environmental excellence by
encouraging facilities with strong
environmental programs to go above
and beyond their legal requirements.
To become a member, a facility must
meet four criteria: Have in place for at
least 1 year a well-functioning
environmental management system,
have maintained a record of sustained
regulatory compliance, make a
commitment to community outreach
and annual public reporting, and make
a commitment to continuous
environmental improvement. With
respect to the last criterion, members
set and make good faith efforts to
achieve typically four public and
measurable goals to improve the quality
of our Nation's air, water, and land.
The 470 Performance Track members
include major corporations, small
businesses, and public facilities from
46 States that are steering a course
toward environmental excellence.
Through more than 1,500 commitments
to continuous improvement,
Performance Track members have
collectively reduced their water use by
3.5 billion gallons, greenhouse gas
emissions by 88,000 metric tons of
carbon dioxide equivalent, hazardous
waste generation by 130,000 tons, non-
hazardous waste generation by 600,000
tons, emissions of sulfur oxides by
17,000 tons, and conserved more than
14,000 acres of habitat.
EPA provides incentives for
Performance Track members in
recognition of their strong compliance
records, sound environmental
management systems, and transparency
in setting and reporting on public goals.
In this action, EPA plans to propose:
A streamlined process for permit
modifications; performance-based
standards for tanks and new
capabilities for standardized permits.
EPA will also take comment on two
topics: (1) Alternative requirements for
small-quantity generators that
experience episodic generation events
that would otherwise cause a shift in
generator status for the facility and (2)
reduced duplication between RCRA
and CAA standards. 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. None of the proposed
provisions in this action will involve
any reduction in environmental
protection.
Timetable:
Action
Date
FR Cite
NPRM 11/00/07
Final Action 11/00/08
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,
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23275
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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
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
2976. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register that
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, that provides
recommendations on buying the
designated items. The E.O. 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 4 but was
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
4 and 5.
Action
Date FR Cite
Timetable:
Action
NPRM-CPG1
Final CPG1
NPRMCPG2
Final CPG2
Date
04/20/94
05/01/95
11/07/96
11/13/97
FR Cite
59 FR 18892
60 FR 21 370
61 FR 57748
62 FR 60962
NPRM-CPG3
Final-CPG3-RMAN3
NPRMCPG4
NODAon Nylon
Carpet
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
Final CPG for Nylon
Carpet
08/26/98 63 FR 45558
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
09/00/07
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: NPRM-
CPG3-(CPG3 and RMAN 3); 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,
5306P, 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, 5306P,
Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
RIN: 2050-AE23
2977. 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 publication information: NPRM -
http://www. epa.gov/ fedrgstr/EPA-
WASTE/2006/April/Day-04/f3104.htm;
EPA Docket information: EPA-HQ-
RCRA-2006-0097
Agency Contact: Stephen Hoffman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307P, Washington, DC 20460
Phone: 703 308-8413
Fax: 703 605-0595
Email: hoffman.stephen@epa.gov
Richard Kinch, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5307P,
Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
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23276
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Email: kinch.richard@epa.gov
RIN: 2050-AG27
2978. • WASTE MANAGEMENT
SYSTEM; TESTING AND MONITORING
ACTIVITIES; METHODS INNOVATION
RULE; CORRECTION
Priority: Info./Admin./Other
Legal Authority: 33 USC I345(d); 33
USC 1345 (e); 42 USC 6902(a); 42 USC
6907; 42 USC 6912(1); 42 USC 6944;
42 USC 6945(c); 42 USC 6949(c)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: This rule is necessary
because it amends and corrects the
table in Appendix II to part 258 of 40
CFR by (1) removing three chemical
entries and (2) adding two chemical
entries. The chemical entry errors being
corrected by these amendments
inadvertently occurred as a result of
publication of the final MIR on June
14, 2006 (70 FR 34538). The first
chemical entry being removed from the
table in Appendix II, part 258, is as
follows (written here exactly as the
entry incorrectly appears in the
appendix): "1,1-Dichloroethylene; 1,1-
Dichoroethene; Vinylidene chloride cis-
1,2-Dichlorethylene; cis-1,2-
Dichloroethene." This entry is being
removed because it incorrectly
addresses two different chemicals and
their synonyms under one entry. To
correct and replace this entry, we are
adding the following two chemical
entries: "1,1-Dichloroethylene; 1,1-
Dichloroethene; Vinylidene chloride"
and "cis-l,l-dichloroethylene; cis-1,2-
Dichloroethene." The other two
chemical entries being deleted are:
"alpha, alpha-
Dimethylphenethylamine," and
"2,3,7,8-TCDD; 2,3,7,8-
Tetrachlorodibenzo-p-dioxin." These
chemical entries are being removed
because those chemicals did not appear
in the table prior to publication of the
MIR and were inadvertently added
during development and publication of
the MIR.
Timetable:
Action
Date
FR Cite
Final Action
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5128
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5397P, Washington, DC 20460
Phone: 703 308-0490
Email: kirkland.kim@epa.gov
RIN: 2050-AG38
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
2979. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 69l2(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
05/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856;
EPA publication information:
Regulatory Determination- Regulatory
Determination;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 605-0595
Email: englander.jana@epamail.epa.gov
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23277
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE34
2980. 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
To Be Determined
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
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
2981. 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 262.40;
40 CFR 262.41; 40 CFR 264.16; 40 CFR
264.52; 40 CFR 264.56; 40 CFR 264.73;
40 CFR 264.75; 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; 40 CFR 270.30
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,
Local, State, Tribal
Additional Information: SAN No. 4735;
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AFOl
2982. E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (EGOS);
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 26l.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(EGOS) 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 about
encouraging recycling activities for
electronic materials that are collected
and dismantled for recovery of useful
elements. However, the usefulness of
this rule as a pilot project will likely
be overtaken upon promulgation of
EPA's national proposed cathode ray
tube (CRT) exclusion from the
definition of solid waste (e.g., CRTs are
the video display components of
televisions and computer monitors).
The 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
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23278
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4701;
EPA publication information: NPRM -
http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname=
2002_register&docid=fr26de02-26.pdf;
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, Washington, DC
20460
Phone: 202 566-2184
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
2983. 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
Date FR Cite
11/20/03 68 FR 65586
06/00/08
To Be Determined
NPRM
Final Action
Notice of Data
Availability
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 Wooten,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
2984. REVISIONS TO THE EXPORT
REQUIREMENTS FOR WASTES
DESTINED FOR THE OECD
COUNTRIES AND FOR SPENT LEAD
ACID BATTERIES
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
amending the existing regulation under
the Resource Conservation and
Recovery Act (RCRA) regarding the
transboundary movement of hazardous
waste among countries belonging to the
Organization for Economic Cooperation
and Development (OECD), as specified
in 40 CFR 262 subpart H. Proposed
regulatory changes under consideration
include, but are not limited to,
reducing the number of control levels,
exempting qualifying shipments sent
for laboratory analysis from certain
paperwork requirements, requiring
recovery facilities to submit a certificate
of recovery, and adding provisions for
the return or re-export of wastes subject
to Amber control procedures under the
OECD framework. These amendments
would implement revisions that the
OECD made to both its framework for
hazardous waste transboundary
movements between member countries
and to its waste lists. The revisions
were adopted by the OECD to create
a more streamlined, uniform system for
exports and imports, resulting in a
more efficient international recycling
market and increased recycling among
the member countries. Since the United
States supported the 2001 Decision and
is a party to the OECD, the United
States is legally obligated to implement
these changes within its domestic
regulations. Besides addressing the
amendments adopted by the OECD in
2001 and 2004, the Agency may also
seek to clarify certain existing
provisions in subpart H that were
identified as potentially ambiguous to
the regulated community. In addition
to the OECD amendments, the Agency
is considering amending the regulations
under RCRA regarding the
transboundary movements of spent
lead-acid batteries being reclaimed, as
specified in 40 CFR part 266 subpart
G. Currently, spent lead-acid batteries
destined for export/reclamation are not
subject to the 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. These
proposed amendments would require
appropriate notice and consent for
those batteries intended for
export/reclamation. EPA is considering
amending the current regulations in the
interest of harmonizing them with both
the amendments adopted by the OECD
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23279
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
in 2001 and EPA's existing export
requirements for RCRA Universal
Waste.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
EPA Docket information: EPA-HQ-
RCRA-2005-0018; Merged with RIN
2050-AF06
Agency Contact: Laura Coughlan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0005
Fax: 703 308-0514
Email: coughlan.laura@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
2985. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 69l2(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 that the Agency believed
would be better at predicting which
firms will enter bankruptcy and be
unable to cover their financial
assurance obligations at hazardous
waste treatment, storage, and disposal
facilities. 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 recently asked the Environmental
Financial Advisory Board (a Federal
advisory committee) to evaluate the
financial test that was proposed in
1991. Specifically, EPA has asked the
Board whether EPA should adopt the
financial test proposed in 1991 or
whether advancements in financial
analysis have provided better potential
tests in the meantime. In January of
2006, the Board communicated its
initial findings.
In an October 20, 2006, response to a
recommendation from the Office of
Inspector General, the Agency
committed to making a decision by the
second quarter of FY 2007 on whether
to proceed with a rulemaking to revise
the corporate financial test. The Agency
will consider the Environmental
Financial Advisory Board
recommendation, and other
information, in making that decision. If
the Agency decides to proceed with a
rulemaking, it will issue a new
proposed rule.
Timetable:
Action
NPRM Original
NPRM
Final Action
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51 523
To Be 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
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: Barbara Foster,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303P, Washington, DC 20460
Phone: 703 308-7057
Fax: 703 308-8609
Email: foster.barbara@epa.gov
RIN: 2050-AC71
2986. 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.
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23280
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/18/07 72 FR 2219
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4834;
EPA publication information: NPRM -
http://www.epa.gov/fedrgst/EPA-
WASTE/2007/!anuary/Day-18/f640.htm;
EPA Docket information: EPA-HQ-
RCRA-2006-0984
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/id/f019/f019.htm
Agency Contact: lames Michael,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Robert Kayser, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-7304
Fax: 703 308-0514
Email: kayser.robert@epa.gov
RIN: 2050-AG15
2987. 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
To Be
71 FR29712
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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,
5304P, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0514
Email: mercer.patricia@epa.gov
Kristin Fitzgerald, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8286
Fax: 703 308-0522
Email: fitzgerald.kristin@epa.gov
RIN: 2050-AG18
2988. 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.
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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; 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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23281
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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,
5304P, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
2989. 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
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
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5070;
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-7903
Email: elliott.ross@epa.gov
RIN: 2050-AG34
2990. • AMENDMENT TO THE
UNIVERSAL WASTE RULE: ADDITION
OF PHARMACEUTICALS AND
CONSUMER PRODUCTS IN
CONSUMER PRODUCT PACKAGING
Priority: Other Significant
Legal Authority: 42 USC 3007; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6926; 42 USC
6927; 42 USC 6938
CFR Citation: 40 CFR 273
Legal Deadline: None
Abstract: This action will propose
adding hazardous pharmaceutical and
consumer product (in the consumer
product packaging) wastes to the
universal waste system. This
incorporation is appropriate because
these wastes are produced by a various
and vast community of generators and
are often mismanaged due to health
care workers and retail chain
employees being unfamiliar with the
Resource Conservation and Recovery
Act regulations. This proposed action
will streamline the current regulations
governing these wastes, ensuring that
hazardous pharmaceutical and
consumer product wastes are properly
managed.
Expansion of the universal waste
system to include hazardous
pharmaceutical wastes will allow all
Pharmaceuticals, waste-like or product-
like, to be sent to reverse distribution
centers, which have expertise in
making hazardous waste determinations
and in managing hazardous waste. In
addition, the inclusion of hazardous
pharmaceutical wastes in the universal
waste rule will also encourage health
care facilities to manage all their
pharmaceutical wastes as universal
wastes, particularly wastes that are not
regulated as hazardous but which
nonetheless pose hazards. Finally, the
addition of hazardous pharmaceutical
wastes to the rule will facilitate the
collection of personal medications from
the public at various health care
facilities so that they can be properly
managed.
The incorporation of hazardous
consumer product wastes into the
universal waste rule will facilitate the
recycling of these products and
therefore, reduce their illegal disposal
into municipal solid waste landfills and
combustors. In addition, consumer
products, similar to pharmaceuticals,
are often returned by retailers for
manufacturer credit. Under the rule,
consumer product, regardless of the
reason for their return or recall, will
not be considered waste until deemed
so by the redistribution center.
Deferring the waste determination will
simplify the compliance requirements
for retail stores and will ensure the
proper management of these wastes by
transferring the function to those who
have the expertise in waste
determination and management: The
manufacturers.
Timetable:
Action
Date
FR Cite
ANPRM 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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23282
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Government Levels Affected: Local,
State
Additional Information: SAN No. 5127;
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-7418
Fax: 703 308-0514
Email: lauer.lisa@epa.gov
Patricia Mercer, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0514
Email: mercer.patricia@epa.gov
RIN: 2050-AG39
2991. 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 26l.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
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
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
2992. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES—
NON-POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: 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 National Research Council (NRC)
established the Committee on Mine
Placement of Coal Combustion Wastes
in September 2004. The NRC published
the committee's findings on March 1,
2006, in a report entitled "Managing
Coal Combustion Residues in Mines.
The NRC stated that there are three
primary regulatory mechanisms that
could be used to develop enforceable
standards: (1) Changes to the Surface
Mining Control and Reclamation Act of
1977 (SMCRA) regulations to address
coal combustion residues (CCRs, also
known as coal combustion byproducts
(CCBs) and coal combustion wastes); (2)
Joint Department of Interior's Office of
Surface Mining (OSM) and EPA rules
pursuant to the authority of SMCRA
and RCRA (the Resource Conservation
and Recovery Act); or (3) RCRA-D rules
that are enforceable through a SMCRA
permit. Regardless of the regulatory
mechanism selected, the NRC
recommended that coordination
between OSM and EPA efforts is
needed and would foster regulatory
consistency with EPA's intended rule-
making proposal for CCR disposal in
landfills and impoundments.
As such OSM plans to revise their
regulations so that they will expressly
provide for the placement of CCBs as
part of surface coal mining and
reclamation operations permitted under
title V of SMCRA and in the
reclamation of abandoned mine lands
under an abandoned mine lands (AML)
reclamation program approved under
section 405 of the Act. OSM intends
for these regulations to minimize the
possibility that the placement of CCB
could cause adverse impacts on public
health and the environment.
With respect to CCB placement in
mines with SMCRA permits, OSM is
considering the adoption of regulations
that would specifically identify the
permit application requirements and
performance standards in the existing
regulations in 30 CFR Chapter VII that
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EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
apply to the use and disposal of CCBs
in mines.
OSM is considering modifying 30 CFR
774.13(b) to specify that permit revision
applications proposing the placement
of CCBs must be processed as
significant revisions, which means that
they would be subject to all the notice
and public participation requirements
that apply to applications for new
permits.
Another possible revision is to 30 CFR
part 874 that would include minimum
requirements applying to any AML
reclamation project funded or otherwise
conducted under an AML reclamation
plan and program approved under
section 405 of SMCRA. These
requirements would apply to any
reclamation project funded under the
grants awarded pursuant to section
405(h) and to AML reclamation projects
conducted under the provisions of 30
CFR 874.17. The requirements would
not apply to other types of AML
reclamation projects, as those projects
would be outside the scope of SMCRA.
However, OSM believes that any
requirements that are developed could
serve as a template for states to impose
comparable requirements for the use
and disposal of CCBs on other
abandoned mine lands under other
provisions of law.
Timetable:
Action
Date
FR Cite
Withdrawn
03/16/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4469;
This rule may also impact Federal,
State, local or tribal governments that
own/operate coal-burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
mines that accept coal combustion
wastes.
Sectors Affected: 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@epa.gov
RIN: 2050-AE83
2993. REVISIONS OF THE LEAD-ACID
BATTERY EXPORT NOTIFICATION
AND CONSENT REQUIREMENTS
Priority: Other Significant
CFR Citation: 40 CFR subpart G 266.80
(a)
Completed:
Reason
Date
FR Cite
Withdrawn-Merged 04/12/07
Into RIN
2050-AE93
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Laura Coughlan
Phone: 703 308-0005
Fax: 703 308-0514
Email: coughlan.laura@epa.gov
Frank McAlister
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AF06
2994. LAND DISPOSAL
RESTRICTIONS: MODIFYING THE
LAND DISPOSAL TREATMENT
STANDARD FOR RADIOACTIVE LEAD
SOLIDS AND HAZARDOUS DEBRIS;
DEFINITION OF
MACROENCAPSULATION
Priority: Other Significant
CFR Citation: 40 CFR 268.42
Completed:
Reason
Date
FR Cite
Withdrawn
02/22/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Juan Parra
Phone: 703 308-0478
Fax: 703 308-8433
Email: parra.juan@epa.gov
Hugh Davis
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epa.gov
RIN: 2050-AF12
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
2995. • OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
REQUIREMENTS—EXTENSION OF
COMPLIANCE DATES
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: The Environmental
Protection Agency plans to extend the
dates by which facilities must prepare
or amend Spill Prevention, Control, and
Countermeasure Plans (SPCC Plans),
and implement those Plans. This action
would allow the Agency time to
promulgate further revisions to the July
17, 2002, SPCC rule before owners and
operators are required to meet
requirements of the rule related to
preparing or amending, and
implementing SPCC Plans. EPA expects
to propose further revisions to the
SPCC rule in 2007.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/26/06 71 FR 77357
01/25/07
05/00/07
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Oil Pollution Act (OPA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.5; EPA publication information:
NODA re certain facilities -
http://www.epa.gov/fedrgstr/EPA-
WATER/2004/September/Day-
20/w21065.htm; Split from RIN 2050-
AG23. Split from RIN 2050-AGl6.
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-AG36
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Completed Actions
2996. OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
REQUIREMENTS—AMENDMENTS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 112
Completed:
Reason
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 73543
12/26/06 71 FR 77266
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Vanessa Rodriguez
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG23
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
2997. NATIONAL PRIORITIES LIST
C/"\D 1 1 M^/"\MTD/"\I 1 C r\ LJA7ADI"^/"\I IO
FOR UNCONTROLLED HAZARDOUS
WASTE SITES
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.
Timetable:
Action Date FR Cite
Final 20 03/06/98 63 FR 11332
NPRM 24 03/06/98 63 FR 11 340
Final 21 07/28/98 63 FR 401 82
NPRM 25 07/28/98 63 FR 40247
Final Tex-Tin 09/18/98 63 FR 49855
Final 22 09/29/98 63 FR 51 848
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
Action
NPRM 28
Final 24
NPRMAImeda
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
NPRM 37
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action
Final Action
NPRM1
Final 35 (adds 12
sites)
NPRM 40
Date FR Cite
04/23/99 64 FR 19968
05/10/99 64 FR 24949
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 461 31
08/24/00 65 FR 51 567
12/01/00 65 FR 751 79
12/01/00 65 FR 7521 5
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 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 653 15
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 10646
Action Date FR Cite
Final 36 07/23/04 69 FR 43755
NPRM Vieques 08/13/04 69 FR 501 15
Final 37 09/23/04 69 FR 56949
NPRM 41 09/23/04 69 FR 56970
Final Vieques 02/11/05 70 FR 71 84
Final 38 04/27/05 70 FR 21 644
NPRM 42 04/27/05 70 FR 21 71 8
Final 39 09/14/05 70 FR 54286
NPRM 43 09/14/05 70 FR 54327
Final 40 04/19/06 71 FR20016
NPRM 44 04/1 9/06 71 FR 20052
NPRM 45 09/27/06 71 FR 56433
Final 41 05/00/07
Final 42 05/00/07
NPRM 46 05/00/07
Final 43 09/00/07
NPRM 47 09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA publication information: NPRM
24-24; EPA Docket information:
www.regulations.gov EPA-HQ-SFUND-
2006-XXXX
URL For More Information:
www. epa.gov/superfund
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23285
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
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
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
2998. • CERCLA NOTIFICATION
REQUIREMENTS AND THE
AGRICULTURAL SECTOR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9603; 42 USC
11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: In an effort to reduce future
release notification reports to the
National Response Center from the
animal agricultural industry, the
Agency is considering a rulemaking
proposing to exempt from CERCLA
notification requirements air releases of
hazardous substances, ammonia, and
hydrogen sulfide from animal waste
from all agricultural species. As part of
this evaluation, EPA does not anticipate
exempting releases of hazardous
substances to water from agricultural
operations, nor is EPA considering
exempting all types of hazardous
substance releases to air associated
with agriculture. That is, EPA is not
considering exempting ammonia
releases from ammonia storage tanks
located at agricultural operations, and
thus they would still be reportable at
or above their reportable quantity.
Because the EPCRA emergency
notification requirements to State and
local emergency planning committees
are linked by statute to the CERCLA
notification requirements, this
rulemaking will also address those
EPCRA emergency notification
requirements.
Timetable:
Action
Date
FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5117;
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-AG37
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
2999. COOPERATIVE AGREEMENTS
AND SUPERFUND STATE
CONTRACTS FOR SUPERFUND
RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9604(a) to (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) to (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 part 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
05/00/07
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
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3000. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 to 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
3001. 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. (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
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; and
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)
Clean Water Act (CWA)
Proposed Rule Stage
3002. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES-
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces. Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design, and build
environmentally sound vessels; to
encourage innovative pollution control
technology; and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as hull
coating leachate); and some have the
potential to introduce nonindigenous
invasive aquatic species (such as ballast
water). Phase II will establish
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23287
EPA—Clean Water Act (CWA)
Proposed Rule Stage
performance standards for control
devices for these 25 discharges. The
Phase II performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. Once DOD implements rules
for achieving the standards set in Phase
II, covered discharges from Armed
Forces vessels will be required to meet
these standards and will not be subject
to discharge standards established by
States.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/07
01/00/09
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/owow/oceans/regulatory/
unds/index.html
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: 2 040-AD 3 9
3003. 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
to 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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
3004. 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 its
review 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
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Proposed Rule Stage
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
3005. 2008 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 33 USC 1251,
et seq; 33 USC 1311(d); 33 USC
1314(b); 33 USC 1314(g); 33 USC
1314(m); 33 USC 1316; 33 USC 1317(b)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
December 21, 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. EPA
intends to publish the next preliminary
Effluent Guidelines Plan by the end of
2007, in anticipation of publishing a
final Effluent Guidelines Plan in 2008.
The 2007 preliminary plan will discuss
EPA's annual review of effluent
limitations guidelines and standards
undertaken pursuant to sections 304(b),
304(g), and 307(b). It will also solicit
comment on guidelines that EPA is
considering for possible revision or
new guidelines that may be developed,
and will provide a preliminary
schedule for such rulemaking.
Timetable:
Action
Date
FR Cite
Proposed Plan
Final Plan
10/00/07
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5064;
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
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
3006. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE
Priority: Other 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.
Timetable:
Action
Date
FR Cite
Notice Clarifying
Certain Issues
NPRM1-yr
Compliance
Extension
Final 18 months
Compliance
Extension
NODAre Certain
Facilities
NODAre 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
09/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, 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
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3007. NPDES PERMIT
REQUIREMENTS FOR PEAK WET
WEATHER DISCHARGES FROM
PUBLICLY OWNED TREATMENT
WORKS TREATMENT PLANTS
SERVING SANITARY SEWER
COLLECTION SYSTEMS POLICY
Priority: Other Significant
Legal Authority: 33 USC 1311; 33 USC
1318; 33 USC 1342; 33 USC 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
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EPA—Clean Water Act (CWA)
Final Rule Stage
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.
Timetable:
Action
Date FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 76013
04/00/07
1st Draft Policy
2nd Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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.kevin@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
3008. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Other Significant
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: 40 CFR 122; 40 CFR 412
Legal Deadline: None
Abstract: This rulemaking is in
response to the Second Circuit's
February 28, 2005, decision in
Waterkeeper Alliance v. 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 onsite. 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 are
designed, constructed, maintained, or
operated such that a discharge will
occur. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/30/06 71 FR37744
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4996;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2006/June/Day-30/w5773.htm;
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
Gregory Beatty, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epamail.epa.gov
RIN: 2040-AE80
3009. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/07/06 71 FR 32887
12/00/07
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;
EPA Docket information: EPA-HQ-OW-
2006-0141
URL For More Information:
www.epa.gov/npdes/agriculture
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
Karyn Wendelowski, Environmental
Protection Agency, Water, 2355A,
Washington, DC 20460
Phone: 202 564-5493
Fax: 202 564-5477
Email:
wendelowski. karyn@epamail.epa.gov
RIN: 2040-AE86
3010. 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
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EPA—Clean Water Act (CWA)
Final Rule Stage
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.
Timetable:
Action
Date
FR Cite
Final Document
01/00/08
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:
http://www.epa.gov/waterscience/
criteria/methylmercury
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202 566-0378
Email: leutner.fred@epamail.epa.gov
RIN: 2040-AE87
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3011. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC I32l(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:
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
3012. 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 considered the public
comments on the proposed rule and the
new data acquired since proposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
To Be Determined
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370;
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
URL For More Information:
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Long-Term Actions
http://www.epa.gov/waterscience/
pulpp ap er/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.gov
RIN: 2040-AD49
3013. 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 part 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
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/1997/March/Day-
28/w7221.htm;
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
3014. 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.
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,
State, Local, Tribal
Additional Information: SAN No. 4049;
URL For More Information:
http://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
Brian Englert, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-0754
Fax: 202 566-1053
Email: englert.brian@epamail.epa.gov
RIN: 2040-AD09
3015. 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 that implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal, and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/08
04/00/09
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;
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EPA—Clean Water Act (CWA)
Long-Term Actions
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 Laverty, 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
3016. 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, and 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
Final Action 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
3017. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: Clean Water Act 301;
Clean Water Act 304; Clean Water Act
306; Clean Water Act 307; Clean Water
Act 308; Clean Water Act 402; Clean
Water Act 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 (60 FR 33926, June 29,
1995). In addition to removing these
provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
effluent 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
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
that 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
3018. 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: 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 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
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Long-Term Actions
or ground waters. A likely source of
pollutants is aircraft deicing fluid
(ADF) that is not properly recaptured,
re-used, 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
06/00/08
12/00/09
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, 4303T, Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epa.gov
RIN: 2040-AE69
3019. 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
NPRM
Final Action
Date
07/00/08
1 2/00/09
FR Cite
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:
http://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
3020. 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
used in establishing the criteria
recommended for certain fresh waters
designated for primary contact
recreation.
Timetable:
Action
Date
FR Cite
Draft Guidance
Final Guidance
To Be Determined
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
3021. 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.
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EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
10/14/05 70 FR 60199
01/00/10
01/00/11
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
Ian 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
3022. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE CONSTRUCTION AND
DEVELOPMENT POINT SOURCE
CATEGORY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
December 1, 2008.
Final, Judicial, December 1, 2009.
Abstract: This rulemaking will
establish effluent limitations and
standards for stormwater discharges
associated with construction and
development activities. This
rulemaking and its schedule respond to
a court order that requires the Agency
to promulgate final regulations by
December of 2009. The effluent
limitations and standards will control
the discharge of pollutants such as
sediment in stormwater runoff from
construction and development activities
and will be implemented through the
issuance of NPDES permits.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
12/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5119;
Agency Contact: Jesse Pritts,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
Eric Strassler, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epa.gov
RIN: 2040-AE91
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3023. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Withdrawn 03/07/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Robin Oshiro
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
Richard Reding
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC75
3024. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Withdrawn
03/19/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Richard Reding
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC92
3025. 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
CFR Citation: 40 CFR 122; 40 CFR 136;
40 CFR 141
Completed:
Reason
Date
FR Cite
Final Action 03/12/07 72 FR 11199
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Meghan Hessenauer
Phone: 202 566-1040
Fax: 202 566-1053
Email: hessenauer.meghan@epa.gov
Marion Kelly
Phone: 202 566-1045
Fax: 202 566-1053
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EPA—Clean Water Act (CWA)
Completed Actions
Email: kelly.marion@epamail.epa.gov
RIN: 2 040-AD 71
3026. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI,
ENTEROCOCCI, FECAL COLIFORMS,
AND SALMONELLA UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR sec 136 and 503
Completed:
Reason
Date FR Cite
Final Action
03/26/07 72 FR 14219
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Robin Oshiro
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
RIN: 2040-AE68
3027. 2006 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
CFR Citation: None
Completed:
Reason
NPRM
Final Plan
Date FR Cite
08/29/05 70 FR 51 042
12/21/06 71 FR 76644
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carey lohnston
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
lanet Goodwin
Phone: 202 566-1060
Email: goodwin.janet@epa.gov
RIN: 2040-AE76
3028. RULEMAKING ON DIRECT
APPLICATION OF PESTICIDES TO
WATERS OF THE UNITED STATES IN
COMPLIANCE WITH FIFRA
Priority: Other Significant
CFR Citation: 40 CFR 122.3
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/01/05 70 FR 5093
11/27/06 71 FR 68483
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Virginia Garelick
Phone: 202 564-2316
Fax: 202 564-6384
Email: garelick.virginia@epa.gov
Allison Wiedeman
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE79
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3029. 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
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 04/00/07
Final Notice 04/00/08
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, 460 7M,
Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
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Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3030. 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
Final Action
12/00/07
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4966;
URL For More Information:
http://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
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3031. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Final, Statutory,
February 24, 2010, SDWA requires EPA
to publish a list of candidate
contaminants every 5 years. CCL2
published 02/24/2005.
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 (NRC) 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
Preliminary Final Rule 02/00/08
Final Action 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: 202 564-1885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Yvette Selby, Environmental Protection
Agency, Water, 460 7M, Washington, DC
20460
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby-
mohamadu.yvette@epamail.epa.gov
RIN: 2040-AD99
3032. 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 DC, 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
to 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,
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Final Rule Stage
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 to 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
Final Action
07/18/06 71 FR 40828
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-18/w6250.htm;
URL For More Information:
http://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
3033. 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 that 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
ANPRM
NPRM Original
Notice99
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
11/02/99
05/00/09
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
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: Rebeccak Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AA94
3034. 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
reexamine 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,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
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EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Email: olson.daniel@epa.gov
RIN: 2 040-AC 13
3035. 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
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
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
Final Action
To Be Determined
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, 4607M, Washington, DC 20460
Phone: 202 564-4699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3036. 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
05/00/10
12/00/12
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, 460 7M,
Washington, DC 20460
Phone: 202 564-5248
Fax: 202 564-3767
Email: mclain.jennifer@epamail.epa.gov
RIN: 2040-AD94
3037. 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.
-------
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
23299
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
Small 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
Phone: 202 564-3881
Fax: 202 564-3756
Email: ginsberg.marilyn@epa.gov
RIN: 2040-AD40
3038. 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 03/00/09
Final Notice 07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5066;
Agency Contact: Rebeccak 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, 460 7M, Washington, DC
20460
Phone: 202 564-4881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3039. UNREGULATED CONTAMINANT
MONITORING REGULATION FOR
PUBLIC WATER SYSTEMS REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141.40
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/22/05 70 FR 4903
01/04/07 72FR368
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Dave Munch
Phone: 513 569-7843
Email: munch.dave@epa.gov
Dan Hautman
Phone: 513 569-7274
Email: hautman.dan@epa.gov
RIN: 2040-AD93
-------
23300
Federal Register/Vol. 72, No. 82/Monday, April 30, 2007/Unified Agenda
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3040. 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: 2 040-AB 8 5
[FR Doc. 07-01422 Filed 04-27-07; 8:45 am]
BILLING CODE 6560-50-S
-------
INDEXES
-------
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.
There currently are no Section 610 reviews underway.
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
2798 Control of Emissions From Nonroad Spark-Ignition
Engines and Equipment
2875 Control of Hazardous Air Pollutants From Mobile
Sources
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
3033 National Primary Drinking Water Regulations: Radon
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
Governmental Jurisdictions
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
3033 National Primary Drinking Water Regulations: Radon
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
Organizations
3170 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
-------
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
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2711 Public Information and Confidentiality Regulations
2712 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2714 Protection of Stratospheric Ozone: Restricting Access
to Pre-2005 Stocks of Methyl Bromide
2715 Control of Emissions From New Marine Compression-
Ignition Engines At or Above 30 Liters per Cylinder
2719 National VOC emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coating Amendments
2720 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
2725 Control of Emissions From New Locomotives and New
Marine Diesel Engines Less Than 30 Liters per Cylinder
2726 NESHAP: Area source Standards—Glass
Manufacturing Industry and Clay Ceramics Industry
2728 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2729 NESHAP: Area Source Standards—Plating and
Polishing
2730Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2733 NESHAP for Stainless and Nonstainless Steel Electric
Arc Furnace (EAF) Manufacturing—Area Source
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2741 NESHAP: Paint Stripping and Miscellaneous Surface
Coating Operations—Area Sources
2766 Commercial and Industrial Solid Waste Incineration
Units; Response to Remand of New Source Performance
Standards and Emission Guidelines
2768 NESHAP: Portland Cement Notice of Reconsideration
2780 Review of New Sources and Modifications in Indian
Country
2782 NSPS: SOCMI—Wastewater and Amendment to
Appendix C of Part 63 and Appendix J of Part 60
2784 NESHAP: Halogenated Solvent Cleaning -Residual
Risk Standards
2787 Federal Implementation Plan (FIP) for the
Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
2797 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
2802 Protection of Stratospheric Ozone: Modifications to the
Technician Certification Requirements Under Section 608 of
the Clean Air Act
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed on or Before December 9,
2004
2812 NESHAP: Area Source Standards—Reciprocating
Internal Combustion Engines
2814 New Source Performance Standards (NSPS):
Equipment Leaks-Subparts VV and GGG
2833 Protection of Stratospheric Ozone: Listing of
substitutes for Ozone-Depleting Substances -N-Propyl
Bromide in Solvent Cleaning
2850 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard)
2851 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
2867 NESHAP—Area Source Standards—Nine Metal
Fabrication and Finishing Source Categories (12 SIC's, 25
NAICS Codes)
2869 Review of New Source Performance Standards—
Portland Cement
2872 Portland Cement Manufacturing Industry NESHAP:
Amendment To Implement Court Remand
2873 NESHAP: Group II Polymers and Resins—Residual
Risk Standards
2877 NESHAP: Oil and Natural Gas Production Facilities-
Area Source Rule
2882 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances in Foam
Blowing
2902 Endocrine disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
2094 Pesticides; Data Requirements for Antimicrobials
2906 Pesticides; Competency Standards for Occupational
Users
2907 Pesticides; Agricultural Worker Protection Standard
Revisions
2908 Pesticides: Data Requirements for Plant-Incorporated
Protectants (PIPs)
2910 Pesticides; Agricultural Container Recycling Program
2911 Pesticides; Data Requirement for Conventional
Chemicals
2918 Pesticides; Registration Requirements for Antimicrobial
Pesticide Products
2919 Regulations To Facilitate Compliance With the Federal
Insecticide, Fungicide, and Rodenticide Act by Producers of
Plant-Incorporated Protectants (PIPs)
2922 Nanoscale Materials Under TSCA
2923 Polychlorinated Biphenyls (PCBs); Exemptions From
the Prohibitions Against Manufacturing, Processing, and
Distribution in Commerce
2924 Test Rule; Testing of Certain High Production Volume
-------
(HPV) Chemicals
2925 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
2926 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
2930 Lead Fishing Sinkers; Response to Citizens Petition
and Proposed Ban
2931 amendment to the Premanufacture Notification
Exemptions; Revisions to Exemptions for Polymers
2933 Significant New Use Rule (SNUR); Chemical-Specific
SNURsto Extend Provisions of Section 5(e) Orders
2935 TSCA Sections 8(a) Preliminary Assessment
Information Rules
2936 TSCA Section 8(d) Health and Safety Data Reporting
Rules
2937 Voluntary High Production Volume (HPV) Chemical
Challenge Program
2938 Testing Agreement for Diethanolamine
2939 Testing Agreement for Hydrogen Fluoride
2940 Testing Agreement for Phthalic Anhydride
2941 Testing Agreement for Maleic Anhydride
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
2947 Polychlorinated Biphenyls (PCBs): Disposal of PCBs;
Implementation Issues
2948 Test Rule; Certain Chemicals on the ATSDR Priority
List of Hazardous Substances
2949 Future Testing for Existing Chemicals (Overview Entry)
2951 Test Rule; Hazardous Air Pollutants (HAPs)
2952 Test Rule; Certain Metals
2953 Testing Agreement for Certain Oxygenated Fuel
Additives
2954 Test Rule; Multiple Substance Rule for the Testing of
Development and Reproductive Toxicity
2955 Follow-Up Rules on Existing Chemicals
2956 Significant New Use Rule (SNUR); Refractory Ceramic
Fibers (RCFs)
2957TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants)
2959 Testing Agreement for Perfluorooctanoic Acid (PFOA)
2960 Testing Agreement for Aryl Phosphates (ITC List 2)
2961 Test Rule; Brominated Flame Retardants (BFRs)
2965 Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxin and
Dioxin-Like Compounds Category Under EPCRA, Section
313
2966 Clarify TRI Reporting Obligations Under EPCRA
Section 323 for the Metal Mining Activities of Extraction and
Benefication
2967 TRI; Response to Petition To Delete Chromium,
antimony, and Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory
2968 TRI; Response to Petition To Add Diisononyl Phthalate
to the Toxics Release inventory List of Toxic Chemicals
2969 TRI; Response to Petition To Delete Acetonitrile From
the Toxics Release Inventory List of Toxic Chemicals
2983 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
2992 Standards for Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
2993 Revisions of the Lead-Acid Battery Export Notification
and Consent Requirements
3004 Effluent Limitations Guidelines and Standards for
Chlorine and Chlorinated hydrocarbon Manufacturing
Process
3011 Revisions to the National Oil and Hazardous
substances Pollution Contingency Plan: Subpart J Product
Schedule Listing Requirements
3034 National Primary Drinking Water Regulation Aldicarb
3040 Shore Protection Act, Section 4103(b) Regulations
and Chromium Anodizing Tanks—Residual Risk Standards
Governmental Jurisdictions
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2712 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2730 3031 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2741 NESHAP: Paint Stripping and Miscellaneous Surface
Coating Operations—Area Sources
2780 Review of New Sources and Modifications in Indian
Country
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
2831 Ambient Air Quality Monitoring Regulations: Revisions
2895 Notice of Status of Submission of Clean Air Mercury
Rule (CAMR) State Plans for New and Existing Stationary
Sources; Electric Utility Steam Generating Units
2937 Voluntary High Production Volume (HPV) Chemical
Challenge Program
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
2947 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
2955 Follow-Up Rules on Existing Chemicals
2992 Standards for the Management of Coal Combustion
Waste—Non-Power Producers and Minefilling
3016 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3032 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3034 National Primary Drinking Water Regulations: Aldicarb
3039 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3040 Shore Protection Act, Section 4103(b) Regulations
Organizations
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2712 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2730 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2926 Lead-Based Paint; Amendments to Requirements for
Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
2945 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
2947 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
2957 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants
2992 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
3034 National Primary Drinking Water Regulations: Aldicarb
-------
D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993 (58
FR51735) 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.
State
2708 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
2709 Project XL Site Specific rulemaking for NASA White
Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases l-ll)
2710 Utilization of Small, Minority, and Women's Business
Enterprises in Procurement Under Assistance Agreements
2710 Utilization of Small, Minority, and Women's Business
Enterprises in Procurement Under Assistance Agreements
2716 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
2718 General Conformity Regulations; Revisions
National VOC emission Standards for Consumer Products
and Architectural and Industrial Maintenance Coating;
Amendments
2721 Modification to the Public Hearing and Submittal
Requirements for State Implementation Plans
2728 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2731 Flexible Air Permit Rule
2734 NESHAP: General Provisions (Once In Always ln)~
Amendments
2737 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2740 Standards of Performance for New Stationary Sources,
Emission Guidelines for Existing Sources, and Federal Plan:
Small Municipal Waste Combustors: Amendments
2741 NESHAP: Paint Stripping and Miscellaneous Surface
Coating Operations—Area Sources
2742 Review of the National Ambient Air Quality Standards
for Ozone
2743 Prevention of Significant Deterioration, Non-Attainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
2744 National Emission Standards for Hazardous Air
Pollutants: Polyvinyl Chloride and Copolymers Production,
Amendments
2752 Transition to New or Revised Particulate Matter (PM)
NAAQS
Revisions to the Definition of Potential to Emit (PTE)
2754 Control of Air Pollution From New Motor Vehicles and
New Mortor Vehicle Engines: SAFETEA-LU HOV Facilities
Rule
2757 Revision to Definition of Volatile Organic Compounds—
Exclusion of Four
2763 Final Extension of the Deferred Effective Date for 8-
Hour Ozone National ambient Air Quality Standards for the
Denver Early Action Compact
2765 Air Quality Index Reporting and Significant Harm Level
for PM2.5
2781 Clean Air Fine Particle Implementation Rule
2785 NESHAP: General Provisions; amendments for
Pollution Prevention Alternative Compliance Requirements
2788 Inspection/Maintenance Program Requirements for
Federal Facilities; Amendment to the Final Rule
2792 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation, and Project Netting
2804 Standards of Performance for Stationary spark Ignited
Internal Combustion Engines
2808 Revisions to Air emissions Reporting Requirements
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
2817 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
2820 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
2822 Final rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2827 Clean Air Mercury Rule; Federal Plan
2828 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
2831 Ambient Air Monitoring Regulations: Correcting and
Other Amendments
2835 Amendment of Definitions for National Emissions
Standards for Hazardous Pollutants for Radionuclides,
subparts H and I
2845 Prevention of Significant Deterioration of Air Quality:
Permit Application Review Procedures for Non-Federal
Class I Areas
2850 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard)
2851 National Emission Standards for Hazardous Air
Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
2854 Lifting the Stay of the Eight-Hour Portion of the
Findings of Significant Contribution and rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP
-------
Call")
2856 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (PMRR);
Maintenance and Repair Amendments
2858 NESHAP: Taconite Iron Ore Processing; Amendments
2859 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2862 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
2864 Area Source NESHAP for Ferralloys Production
2865 Review of the Primary National Ambient Air Quality
Standard for Nitrogen Dioxide
2866 Reconsideration of Stationary Combustion Turbine
NSPS (Subpart KKKK)
2881 Nonattainment Major New Source Review (NSR)
2886 Treatment of Data Influenced by Exceptional Events
2890 Interpretive Rulemaking To Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
2891 Final Extension of the Deferred Effective Date of Non-
Attainment Designations for 8-Hour Ozone NAAQS for Early
Action Compact Areas
2895 Notice of Status of Submission of Clean Air Mercury
Rule (CAMR) State Plans for New and Existing Stationary
Sources: Electric Utility Steam Generating Units
2897 Implementation of the 8-Hour Ozone National ambient
Air quality Standard (NAAQS) Phase II Correction Notice
2906 Pesticides; Competency Standards for Occupational
Users
2908 Pesticides; Data Requirements for Plant-Incorporated
Protectants (PIPs)
2912 Pesticides; Data Requirements for Biochemical and
Microbial Products
2915 Groundwater and Pesticide Management Plan Rule
2922 Nanoscale Materials Under TSCA
2925 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
2926 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structure;
Training, Accreditation, and Certification Rule and Model
State Plan R
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
2947 Polychlorinated Biphenyls (PCBs) Disposal of PCBs;
Implementation Issues
2964 Emergency Planning and Community Right-To-Know
Act: Amendments to Parts 355 and 370
2965 3294Addition of Toxicity Equivalency (TEQ) Reporting
and Quantity Data for Individual Members of the Dioxin and
Dioxin-like Compounds Category Under EPCRA, Section
313
2967 TRI; Response to Petition to Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
2968 TRI; Response to Petition To Add Diisononyl Phthalate
to the Toxics Release Inventory List of Toxic Chemicals
2969 TRI; Response to Petition To Delete Acetonitril From
the Toxics Release Inventory List of Toxic Chemicals
2970 Emergency Planning and Community Right-To-Know
Act: amendments and Streamlining Rule
2971 Toxics Release Inventory Reporting Burden Reduction
Rule
2972 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
2973 Expanding the Comparable Fuels Exclusion un RCRA
2974 Definition of Solid Wastes Revisions
2975 RCRA Incentives for Performance Track Members
2976 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2977 Criteria for Safe and Environmentally Protective Use of
Granular Miner Tailings
2980 Regulation of Oil-Bearing hazardous Secondary
Materials From the Petroleum Refining Industry Processed in
a Gasification System To Produce Synthesis Gas
2981 RCRA Smarter Waste Reporting
2982 E-Cycling Pilot Project for Region 3 States (ECOS);
Streamlining RCRA Regulations to Encourage Reuse,
Recycling, and Recovery of Electronic Equipment
2983 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
2986 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
2988 Hazardous Waste Manifest Revisions—Standards and
Procedures for Electronic Manifests
2990 Amendment to the Universal Waste Rule: Addition of
Pharmaceuticals and Consumer Products in Consumer
Product Packaging
2991 Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction,
New York
2992 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
2994 Land Disposal Restrictions: Modifying the Land
Disposal Treatment Standard for Radioactive Lead Solids
and Hazardous Debris; Definition of Macroencapsulation
2995 Oil Pollution Prevention; spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Extension of
Compliance Dates
2996 Oil Pollution Prevention, Spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
2997 National Priorities List for Uncontrolled Hazardous
Waste Sites
2998 CERCLA Notification Requirements and the
Agricultural Sector
2999 Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3001 National Contingency Plan Revisions To Align With the
National Response Plan
3002 Uniform National Discharge Standards for Vessels of
the Armed Forces—Phase II
3006Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
3007 NPDES Permit Requirements for Peak Wet Weather
Discharges From Publicly Owned Treatment Works
Treatment Plants Serving Sanitary Sewer Collection System
Policy
3008 Concentrated Animal Feeding Operation Rule
3009 Water Transfers Rule
3010 Implementation Guidance for Mercury Water Quality
Criteria
3011 Revisions to the National Oil and hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
3012 Effluent Guidelines and Standards for the Pulp, Paper,
and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
3013 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3014 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
-------
3015 NPDES Application Revisions
3016 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3017 Effluent Guidelines and Standards: Recodification
Various Effluent Guidelines
3020 New/Revised Ambient Water Quality Criteria (AWQC)
For Recreational Waters
3021 Availability of and Procedures for Removal Credits
3023 Test Procedures for the Analysis of Trace Metals
Under the Clean Water Act
3024 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3025 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3028 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3032 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3033 National Primary Drinking Water Regulations: Radon
3034 National Primary Drinking Water Regulations: Aldicarb
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3037 Underground Injection Control: Update of State
Programs
3039 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
Local
2708 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2712 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2716 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
2719 National VOC Emission Standards for Consumer
Products; and Architectural and Industrial Maintenance
Coatings; Amendments
2721 Modification to the Public Hearing and Submittal
Requirements for State Implementation Plans
2728 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2731 Flexible Air Permit Rule
2734 NESHAP: General Provisions (Once In Always In)—
Amendments
2737 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2740 Standards of Performance for New Stationary Sources,
Emission Guidelines for Existing Sources, and Federal Plan:
Small Municipal Waste Combustors: Amendments
2741 NESHAP: Paint Stripping and Miscellaneous Surface
Coating Operations—Area Sources
2742 Review of the National Ambient Air Quality Standards
for Ozone
2743 Prevention of Significant Deterioration, Non-Attainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
2752 Transition to New or Revised Particulate Matter (PM)
NAAQS
2763 Final Extension of the Deferred Effective Date for 8-
Hour Ozone National ambient Air Quality Standards for the
Denver Early Action Compact
2765 Air Quality Index Reporting and Significant Harm Level
for PM2.5
2781 Clean Air Fine Particle Implementation Rule
2785 NESHAP: General Provisions; amendments for
Pollution Prevention Alternative Compliance Requirements
2792 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation, and Project Netting
2795 NESHAP and NSPS for Municipal Solid Waste
Landfills—amendments
2804 Standards of Performance for Stationary spark Ignited
Internal Combustion Engines
2808 Revisions to Air emissions Reporting Requirements
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
2817 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
2820 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
2822 Final rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2827 Clean Air Mercury Rule; Federal Plan
2828 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
2831 Ambient Air Monitoring Regulations: Correcting and
Other Amendments
2835 Amendment of Definitions for National Emissions
Standards for Hazardous Pollutants for Radionuclides,
subparts H and I
2853 Section 126 Rule: Withdrawal of Findings for Sources
in Michigan
2854 Lifting the Stay of the Eight-Hour Portion of the
Findings of Significant Contribution and rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP
Call")
2856 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (PMRR);
Maintenance and Repair Amendments
2859 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2862 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
2865 Review of the Primary National Ambient Air Quality
Standard for Nitrogen Dioxide
2866 Reconsideration of Stationary Combustion Turbine
NSPS (Subpart KKKK)
2881 Nonattainment Major New Source Review (NSR)
2886 Treatment of Data Influenced by Exceptional Events
2890 Interpretive Rulemaking To Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
2891 Final Extension of the Deferred Effective Date of Non-
Attainment Designations for 8-Hour Ozone NAAQS for Early
Action Compact Areas
2895 Notice of Status of Submission of Clean Air Mercury
Rule (CAMR) State Plans for New and Existing Stationary
Sources: Electric Utility Steam Generating Units
-------
2897 Implementation of the 8-Hour Ozone National ambient
Air quality Standard (NAAQS) Phase II Correction Notice
2926 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structure;
Training, Accreditation, and Certification Rule and Model
State Plan R
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
2947 Polychlorinated Biphenyls (PCBs) Disposal of PCBs;
Implementation Issues
2964 Emergency Planning and Community Right-To-Know
Act: Amendments to Parts 355 and 370
2970 Emergency Planning and Community Right-To-Know
Act: amendments and Streamlining Rule
2972 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
2976 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2977 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
2981 RCRA Smarter Waste Reporting
2982 E-Cycling Pilot Project for Region 3 States (ECOS);
Streamlining RCRA Regulations to Encourage Reuse,
Recycling, and Recovery of Electronic Equipment
2992 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
2995 Oil Pollution Prevention; spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Extension of
Compliance Dates
2996 Oil Pollution Prevention, Spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
2997 National Priorities List for Uncontrolled Hazardous
Waste Sites
2998 CERCLA Notification Requirements and the
Agricultural Sector
2999 Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3001 National Contingency Plan Revisions To Align With the
National Response Plan
3002 Uniform National Discharge Standards for Vessels of
the Armed Forces—Phase II
3006Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
3007 NPDES Permit Requirements for Peak Wet Weather
Discharges From Publicly Owned Treatment Works
Treatment Plants Serving Sanitary Sewer Collection System
Policy
3013 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3014 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3015 NPDES Application Revisions
3016 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3017 Effluent Guidelines and Standards: Recodification of
Various Effluent Guidelines
3021 Availability of and Procedures for Removal Credits
3023 Test Procedures for the Analysis of Trace Metals
Under the Clean Water Act
3024 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3025 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3028 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3032 National Primary Drinking Water Regulations for Lead
and Copper: Short-Term Regulatory Revisions and
Clarifications
3033 National Primary Drinking Water Regulations: Radon
3034 National Primary Drinking Water Regulations: Aldicarb
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3039 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3040 Shore Protection Act, Section 4103(b) Regulations
Tribal
2708 Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2712 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2718 General Conformity Regulations; Revisions
2719 National VOC Emission Standards for Consumer
Products; and Architectural and Industrial Maintenance
Coatings; Amendments
2731 Flexible Air Permit Rule
2734 NESHAP: General Provisions (Once In Always In)—
Amendments
2737 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2742 Review of the National Ambient Air Quality Standards
for Ozone
2743 Prevention of Significant Deterioration, Non-Attainment
New Source Review, and New Source Performance
Standards: Emissions Test for Electric Generating Units
2752 Transition to New or Revised Particulate Matter (PM)
NAAQS
2753 Revisions to the Definiton of Potential to Emit (PTE)
2765 Air Quality Index Reporting and Significant Harm Level
for PM2.5
2777 Source-Specific Federal Implementation Plan for
Navajo Generating Station; Navajo Nation
2780 Review of New Sources and Modifications in Indian
Country
2781 Clean Air Fine Particle Implementation Rule
2785 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
2795 NESHAP and NSPS for Municipal Solid Waste
Landfills—Amendments
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
2817 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
2822 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2827 Clean Air Mercury Rule; Federal Plan
2828 Phase 2 of the Final Rule to Implement the 8-Hour
Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
2831 Ambient Air Monitoring Regulations: Correcting and
-------
Other Amendments
2831 Ambient Air Monitoring Regulations: Correcting and
Other Amendments
2845 Prevention of Significant Deterioration of Air Quality:
Permit Application Review Procedures for Non-Federal
Class I Areas
2850 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard
2851 NESHAP National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
2856 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (PMRR);
Maintenance and Repair Amendments
2859 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2862 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
2865 Review of the Primary National Ambient Air Quality
Standard for Nitrogen Dioxide
2866 Reconsideration of Stationary Combustion Turbine
NSPS (Subpart KKKK)
2881 Nonattainment Major New Source Review (NSR)
2886 Treatment of Data Influenced by Exceptional Events
2890 Interpretive Rulemaking To Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
2895 Notice of Status of Submission of Clean Air Mercury
Rule (CAMR) State Plans for New and Existing Stationary
Sources: Electric Utility Steam Generating Units
2897 Implementation of the 8-Hour Ozone National ambient
Air quality Standard (NAAQS) Phase II Correction Notice
2906 Pesticides; Competency Standards for Occupational
Users
2915 Groundwater and pesticide Management Plan Rule
2926 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structure;
Training, Accreditation, and Certification Rule and Model
State Plan R
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
2947 Polychlorinated Biphenyls (PCBs) Disposal of PCBs;
Implementation Issues
2964 Emergency Planning and Community Right-To-Know
Act: Amendments to Parts 355 and 370
2970 Emergency Planning and Community Right-To-Know
Act: amendments and Streamlining Rule
2972 Standards for the Management of Coal Combustion
Wastes Generated by Commercial Electric Power Producers
2977 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
2981 RCRA Smarter Waste Reporting
2992 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
2995 Oil Pollution Prevention; spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Extension of
Compliance Dates
2996 Oil Pollution Prevention, Spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Amendments
2999 Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3001 National Contingency Plan Revisions To Align With the
National Response Plan
3002 Uniform National Discharge Standards for Vessels of
the Armed Forces—Phase II
3006Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
3007 NPDES Permit Requirements for Peak Wet Weather
Discharges From Publicly Owned Treatment Works
Treatment Plants Serving Sanitary Sewer Collection System
Policy
3010 Implementation Guidance for Mercury Water Quality
Criteria
3013 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3014 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3015 NPDES Application Revisions
3016 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak
Excess Flow Treatment Facilities
3020 New/Revised Ambient Water Qualilty Criteria (AWQC)
for Recreational Waters
3023 Test Procedures for the Analysis of Trace Metals
Under the Clean Water Act
3024 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3025 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3028 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3033 National Primary Drinking Water Regulations: Radon
3034 National Primary Drinking Water Regulations: Aldicarb
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3039 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
Federal
2703 Security Requirements for Toxic Substances Control
Act Confidential Business Information Access for
Contractors
2709 Project XL Site-specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases l-ll)
2710 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2711 Public Information and Confidentiality Regulations
Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2715 Control of emissions From New Marine Compression-
Ignition Engines At or Above 30 Liters per Cylinder
2716 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon From DOE Facilities
2719 National VOC Emission Standards for Consumer
Products; and Architectural and Industrial Maintenance
Coatings; Amendments
2725 Control of Emissions From New Locomotives and New
Marine Diesel engines Less Than 30 Liters per Cylinder
2731 Flexible Air Permit Rule
2734 NESHAP: General Provisions (Once In Always In)—
Amendments
2735 NESHAP: Defense Land Systems and Miscellaneous
Equipment
2737 Prevention of Significant Deterioration (PSD) and Non-
-------
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2737 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2738 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2744 National Emission Standards for hazardous Air
Pollutants;: Pooyvinyl Chloride and Copolymers Production,
Amendments
2749 Protection of Stratospheric Ozone: Amending
Requirements To Import Used Ozone-Depleting Substances
for Destruction in the United States
2752 Transition to New or Revised Particulate Matter (PM)
NAAQS
2753 Revisions to the Definition of Potential to Emit (PTE)
2757 Revision to Definition of Volatile Organic Compounds—
Exclusion of Four Compounds
2763 Final Extension of the Deferred Effective Data for 8-
Hour Ozone National Ambient Air Quality Standards for the
Denver Early Action Compact
2765 Air Quality Index Reporting and Significant Harm Level
for PM2.5
2780 Review of New Sources and Modifications in Indian
Country
2781 Clean Air Fine Particle Implementation Rule
2784 NESHAP: : Halogenated Solvent Cleaning -Residual
Risk Standards
2785 3080 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
2788 Inspection/Maintenance Program Requirements for
Federal Facilities; Amendment to the Final Rule
2792 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation, and Project Netting
2796 Protection of Stratospheric Ozone: Amendments to the
Section 608 Leak Repair Regulations
2797 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
2799 Protection of Stratospheric Ozone: Import Petitioning
Requirements for Halon-1301 Aircraft fire extinguishing
Vessels
2811 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
2817 Prevention of Significant Deterioration, Nonattainment
New Source Review and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility: Definition
Transportation Conformity Rule Amendments To Implement
Provisions Contained in the 2005 Transportation Bill
(SAFETEA-LU)
2822 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2829 Two Optional Methods for Relative Accuracy Test
Audits of Mercury Monitoring Systems Installed on
Combustion Flue Gas Streams
2831 Ambient Air Monitoring Regulations: Correcting and
Other Amendments
2832 Update of Continuous Instrumental Test Methods:
Technical Amendments
2835 Amendment of Definitions for National Emissions
Standards for Hazardous Pollutants for Radionuclides,
Subparts H and I
2850 NESHAP: National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Reconsideration of the Particulate Matter Standard
2851 NESHAP National Emission Standards for Hazardous
Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
Section 126 Rule: Withdrawal of Findings for Sources in
Michigan
2856 Prevention of Significant Deterioration (PSD) and Non-
Attainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (PMRR);
Maintenance and Repair Amendments
2862 Rule Interpreting the Scope of Title V Operating Permit
Modifications Where EPA Has Approved Alternative
Monitoring and Testing Provisions
2865 Review of the Primary National Ambient Air Quality
Standard for Nitrogen Dioxide
2866 Reconsideration of Stationary Combustion Turbine
NSPS (Subpart KKKK)
2881 Nonattainment Major New Source Review (NSR)
2883 fuel Economy Labeling of Motor Vehicles: Revisions To
Improve Calculation of Fuel Economy Estimates
2886 Treatment of Data Influenced by Exceptional Events
2890 Interpretive Rulemaking To Clarify the Scope of Certain
Monitoring Requirements for Federal and State Operating
Permits Programs
2891 Final Extension of the Deferred Effective Date of Non-
Attainment Designations for 8-Hour Ozone NAAQS for Early
Action Compact Areas
2895 Notice of Status of Submission of Clean Air Mercury
Rule (CAMR) State Plans for New and Existing Stationary
Sources: Electric Utility Steam Generating Units
2898 Environmental Radiation Protection Standards for the
Disposal of Low-Activity Mixed Radioactive Waste
2899 Technical Change to Dose Methodology for 40 CFR
190, subpart B and 40 CFR 191, Subpart A
2900 Amendment of the Standards for Radioactive Waste
Disposal in Yucca Mountain, Nevada
2902 Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
2903 Pesticides; Determination of Status of Prions as Pests
2904 Pesticides; Data Requirements for Antimicrobials
2905 Plant Incorporated Protectants (PIPs); Exemption for
Those Based on Viral Coat Protein Genes
2906 Pesticides; Competency Standards for Occupational
Users
2908 Pesticides; Data Requirements for Plant-Incorporated
Protectants (PIPs)
2911 Pesticides; Data Requirements for Conventional
Chemicals
2912 Pesticides; Data Requirements for Biochemical and
Microbial Products
2913 Plant Incorporated Protectants (PIPs); Exemption for
Those Derived Through Genetic Engineering From Sexually
Compatible Plants
Plant Incorporated Protectants (PIPs); Exemption for PIPs
That Act by Primarily Affecting the Plant
2915 Groundwater and pesticide Management Plan Rule
2916 Pesticides; Tolerance Processing Fees
2918 Pesticides; Registration Requirements for Antimicrobial
Pesticide Products
2922 Nanoscale Materials Under TSCA
2923 Polychlorinated Biphenyls (PCBs); Exemption From the
Prohibitions Against Manufacturing, Processing, and
Distribution in Commerce
2924 Test Rule; Testing of Certain High Production Volume
(HPV) Chemicals
2925 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential
Upholstered Furniture
2926 Lead-Based Paint; Amendments to the Requirements
for Disclosure of Known Lead-Based Paint or Lead-Based
Paint hazards in Target Housing
2930 Lead Fishing sinkers; Response to Citizens Petition
and Proposed Ban
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2937 Voluntary High Production Volume(HPV) Chemical
Challenge Program
2938 Testing Agreement for Diethanolamine
2939Testing Agreement for Hydrogen Fluoride
2940 Testing Agreement for Phthalic Anhydride
2941 Testing Agreement for Maleic Anhydride
2944 Asbestos Model Accreditation Plan Revisions
2945 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
2946 Lead-Based Paint Activities; Amendments for
Renovation, Repair, and Painting
2947Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
2948 Test Rule; Certain Chemicals on the ATSDR Priority
List of Hazardous Substances
2949 Future Testing for Existing Chemicals (Overview Entry)
2950 Voluntary Children's Chemical Evaluation Program
(VCCEP)
2951 Test Rule Hazardous Air Pollutants (HAPs)
2952 Test Rule; Certain Metals
2954 Test Rule; Multiple Substance Rule for the Testing of
Developmental and Reproductive Toxicity
2955 follow-Ups Rules on Existing Chemicals
2957 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants)
2958 Polychlorinated Bisphenyls (PCBs); Exemption
Request From U.S. Maritime Administration (MARAD)
2959 Testing Agreement for Aryl Phosphates (ITC List 2)
2961 Test Rule; Brominated Flame Retardants (BFRs)
2962 Notification of Chemical Exports Undaer TSCA Section
12(b)
2964 Emergency Planning and Community Right-To-Know
Act: Amendments to Parts 355 and 370
2965 Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxin and
Dioxin-Like Compounds Category Under EPCRA, Section
313
2967 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
2968 TRI; Response to Petition To Add Diisononyl Phthalate
to the Toxics Release Inventory List of Toxic Chemicals
2969 TRI; Response to Petition To Delete Acetonitrile From
the Toxics Release Inventory List of Toxic Chemicals
2970 Emergency Planning and Community Right-To-Know
Act: Amendments and Streamllining Rule
2971 Toxics Release Inventory Reporting Burden Reduction
Rule
2972 Standards for the Management of Coal Combustion
Wastes Generated by Commercial electric Power Producers
2973 Expanding the Comparable Fuels Exclusion Under
RCRA
2974 Definition of Solid Wastes Revisions
2975 RCRA Incentives for Performance Track Members
2976 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2977 Criteria for Safe and Environmentally Protective Use of
Granular Mine Tailings
2981 RCRA Smarter Waste Reporting
2982 E-Cycling Pilot Project for Region 3 States (ECOS);
Streamlining RCRA Regulations To encourage Reuse,
Recycling, and Recovery of Electronic Equipment
2983 Modifications to RCRA Rules Associated With Solvent-
Contaminated industrial Wipes
2984 Revisions to the Export Requirements for Wasted
Destined for the OECD Countries and for Spent Lead Acid
Batteries
2988 hazardous Waste Manifest Revisionos—Standards and
Procedures for Electronic Manifest
2991 Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction,
New York
2992 Standards for the Management of Coal Combustion
Wastes-Non-Power Producers and Minefilling
2993 Revisions of the Lead-Acid Battery Export Notification
and Consent Requirements
2994 Land Disposal Restrictions: Modifying the Land
Disposal Treatment Standard for Radioactive Lead Solids
and Hazardous Debris; Definition of Macroencapsulation
2995 Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Requirements—Extension of
Compliance Dates
2996 Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Requirements—amendments
2977 National Priorities List for Uncontrolled Hazardous
Waste Sites
2998 CERCLA Notification Requirements and the
Agricultural Sector
2999 Cooperative Agreement and Superfund State
Contracts for Superfund Response Actions
3001 National Contingency Plan Revisions To Align With the
National Response Plan
3002 Uniform National Discharge Standards for Vessels of
the Armed Forces-Phase II
3006 Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
3008 Concentrated Animal Feeding Operation Rule
3011 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
3012 Effluent Guidelines and Standards for the Pulp, Paper,
and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
3013 Test Procedures: Performance-Based Measurement
System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
3014 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs)
Under the Clean Water Act
3015 NPDES Applications Revisions
Effluent Guidelines and Standards: Recodification of
Various Effluent Guidelines
3021 Availability of and Procedures for Removal Credits
3023 Test Procedures for the Analysis of Trace Metals
Under the Clean Water Act
3024 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3025 Test Procedures: New and Updated Test Procedures
for the Analysis of Pollutants Under the Clean Water Act and
Safe Drinking Water Act
3028 Rulemaking on Direct Application of Pesticides to
Waters of the United States in Compliance with FIFRA
3030 Drinking Water Regulations for Aircraft Public Water
System
3022 National Primary Drinking Water Regulations: Radon
3034 National Primary Drinking Water Regulations: Aldicarb
3036 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
3037 Underground Injection Control: Update of State
Programs
3039 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3040 Shore Protection Act, Section 4103(b) Regulations
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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.
3002 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
3033 National Primary Drinking Water Regulations: Radon
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