230Z07002
Regulator/ Plan and
Semiannual Regulatory Agenda
FALL 2007
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FALL 2007
Regulatory Plan and
Semiannual Regulatory Agenda
"America is shifting to a "green culture" - where all of our citizens
understand that environmental responsibility is everyone's
responsibility. By equipping Americans with environmental
information, EPA is helping the public pass down a cleaner,
healthier world."
- Administrator, Stephen L. Johnson
United States Environmental Protection Agency
Office of Policy, Economics and Innovation
EPA-230-Z-07-002
Fall 2007 Artwork Theme:
"Whatever you Do, Wherever You Go, Think Before You Throw!
Cover art created by Christy Beltz, age 12
Inside cover page art created by Johnny Thilsted, age 16
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Editor's Note
For over two decades, the Environmental Protection Agency (EPA) has created a Regulatory
Agenda book combining both the Agenda and Plan in one document. This book also provides
indexes that help users identify certain classifications of regulations. The book is divided into
these three sections:
• The Regulatory Plan
• The Semiannual Regulatory Agenda
• Indexes
We have assembled the three sections from multiple sources, which is why the format is
different in the different sections and as a result, this printed version is longer than previous
editions.
The Regulatory Plan section is presented in the same format as it was printed in the Federal
Register (FR) on December 10, 2007. The Plan describes the most important regulatory and
deregulatory actions that we expect to issue in proposed or final form during the upcoming fiscal
year. EPA publishes a Regulatory Plan every Fall as part of the government-wide Unified
Regulatory Plan.
The Semiannual Regulatory Agenda section presents the Agenda in the same format as it is
posted on Regulations.gov. (To go to the Agenda on Regulations.gov, select Site Features »
Regulatory Agenda » EPA). Because the federal government is moving to an online,
searchable version of the Regulatory Agenda, the entire Fall 2007 Agenda was not printed in
the FR so we could not use the FR version to produce this section. The only actions printed in
the FR were those actions that may have a significant economic impact on a substantial number
of small entities and actions that have been selected for periodic review under Section 610 of
the Regulatory Flexibility Act.
Detailed information about the Semiannual Regulatory Agenda is located in the Agenda
preamble at the start of this section of the book. In general, we publish a Semiannual
Regulatory Agenda every Spring and Fall as part of the government-wide Unified Agenda of
Regulatory and Deregulatory Actions. The Agenda lists all regulatory activities found in the
Regulatory Plan but also includes a broader universe of regulatory activities under development
or review. It describes all regulations and certain major policy documents that we are working
on this year. We generally do not include minor amendments or actions such as changes of
address or delegations of authority. There is no legal significance to the omission of an item
from the Agenda.
The final section of this book is the Indexes section. We provide them here so that specific
stakeholders - small businesses, small non-profits, and state, local, and Tribal governments -
can more easily determine which regulatory activities relate to them.
We hope you find this book a useful tool. If you have any specific questions or comments about
a particular action, please get in touch with the Agency contact listed in each Agenda entry. If
you have general questions about the Semiannual Regulatory Agenda please contact: Phil
Schwartz (schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855); if you have general questions about the
Regulatory Plan contact Caryn Muellerleile.
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ENVIRONMENTAL PROTECTION AGENCY
REGULATORY PLAN CONTENTS
Part 1: Statement of Priorities
Part 2: Actions Described in the Regulatory Plan
Sequence
Number
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
Title
Review of the National Ambient Air Quality Standards for Lead
Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
Nanoscale Materials Under TSCA
Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
Revisions to the Definition of Potential to Emit (PTE)
Risk and Technology Review Phase II Group 2
Rulemaking To Address Greenhouse Gas Emissions From
Motor Vehicles
Test Rule; Testing of Certain High Production Volume (HPV)
Chemicals
Pesticides; Data Requirements for Antimicrobials
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Data Requirements for Plant-Incorporated
Protectants (PIPs)
Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
Revisions to Land Disposal Restrictions Treatment Standards
and Amendments to Recycling Requirements for Spent
Petroleum Refining Hydrotreating and Hydrorefining Catalysts
NPDES Vessel Vacatur
Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
Control of Emissions from New Locomotives and New Marine
Diesel Engines Less Than 30 Liters per Cylinder
Regulation
Identifier
Number
2060-AN83
2070-AD61
2070-AJ30
2060-ANOO
2060-AN65
2060-AN85
2060-A056
2070-AD16
2070-AD30
2070-AJ20
2070-AJ22
2070-AJ27
2050-AG16
2050-AG34
2040-AE93
2060-AL75
2060-AM06
Rulemaking Stage
Prerule Stage
Prerule Stage
Prerule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Final Rule Stage
Final Rule Stage
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Sequence
Number
147
148
149
150
151
152
153
154
155
156
157
158
159
Title
Control of Emissions From Nonroad Spark-Ignition Engines
and Equipment
Amendment of the Standards for Radioactive Waste Disposal
in Yucca Mountain, Nevada
Review of the National Ambient Air Quality Standards for
Ozone
Prevention of Significant Deterioration and Nonattainment
New Source Review: Emission Increases for Electric
Generating Units
Final Rule for Implementation of the New Source Review
(NSR) Program for PM2.5
Lead-Based Paint; Amendments for Renovation, Repair and
Painting
Regulation of Oil-Bearing Hazardous Secondary Materials
From the Petroleum Refining Industry Processed in a
Gasification System to Produce Synthesis Gas
Expanding the Comparable Fuels Exclusion Under RCRA
Definition of Solid Wastes Revisions
NPDES Permit Requirements for Peak Wet Weather
Discharges From Publicly Owned Treatment Work Treatment
Plants Serving Sanitary Sewer Collection Systems Policy
Concentrated Animal Feeding Operation Rule
Water Transfers Rule
Implementation Guidance for Mercury Water Quality Criteria
Regulation
Identifier
Number
2060-AM34
2060-AN15
2060-AN24
2060-AN28
2060-AN86
2070-AC83
2050-AE78
2050-AG24
2050-AG31
2040-AD87
2040-AE80
2040-AE86
2040-AE87
Rulemaking
Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
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69922 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
OVERVIEW
The United States Environmental
Protection Agency (EPA) is the primary
Federal agency responsible for
safeguarding the quality of the natural
environment and protecting human
health from deleterious pollutants.
Since 1970, EPA, together with its
partners and stakeholders, has been
delivering a cleaner, healthier
environment to the public. EPA's
achievements, from regulating auto
emissions to banning the use of DDT,
from cleaning up toxic waste to
protecting the ozone layer, and from
increasing recycling to revitalizing
inner-city brownfields, have resulted in
cleaner air, purer water, and better
protected land.
The Agency uses three guiding
principles to govern its work to
maintain the strongest level of
environmental protection:
• Results and Accountability. EPA is
committed to being a good steward of
our environment and a good steward
of America's tax dollars. To provide
the public with the environmental
results it expects and deserves, we
must operate as efficiently and
effectively as possible. Accountability
for results is a key component of the
President's Management Agenda,
designed to make government citizen-
centered, results-oriented, and
market-based.
• Innovation and Collaboration. Our
progress depends both on our ability
and continued commitment to
identify and use innovative tools,
approaches, and solutions to address
environmental problems and to
engage extensively with our partners,
stakeholders, and the public. Under
each of our goals, we are working to
promote a sense of environmental
stewardship and a shared
responsibility for addressing today's
challenges.
• Best Available Science. EPA needs the
best scientific information available to
anticipate potential environmental
threats, evaluate risks, identify
solutions, and develop protective
standards. Sound science helps us ask
the right questions, assess
information, and characterize
problems clearly to inform Agency
decision makers.
EPA applies these principles as it
works with its Federal, State, tribal, and
local government partners to advance
the mission of protecting human health
and the environment. As a result of
these collaborations, tremendous
progress has been made in protecting
and restoring the Nation's air, water,
and land:
• EPA is advancing clean, renewable
fuels and clean air through a
renewable fuel standard which
encourages the use of renewable fuels
produced from American crops.
• By the end of FY 2006, more than
2,500 polluted waters identified by
states in 2000 were restored or found
to be meeting water quality standards.
• EPA continues to commit to
Brownfields redevelopment via strong
public-private partnerships and
innovative and creative solutions. By
encouraging cleanup and
redevelopment of America's
abandoned and contaminated waste
sites, the Brownfields Program has
leveraged more than $8.2 billion in
private investment, more than 37,500
jobs, and more than 8,300 properties
assessed for potential redevelopment.
• EPA has a leading role in homeland
security by supporting the protection
of critical water infrastructure and
coordinating development of national
capabilities and strategies to address
chemical, biological, and radiological
contamination from a terrorist event.
In FY 2006, EPA received emergency
response plans for 100 percent of all
large and medium community
drinking water systems that
conducted vulnerability assessments;
launched a pilot water contamination
warning system; developed short-term
exposure limits and established
health effects guidelines for exposure
to hazardous chemicals or a terrorist
incident; and updated the National
Response Plan in light of lessons
learned from hurricanes Katrina and
Rita.
EPA continues to accelerate its pace
of environmental protection while
maintaining the Nation's economic
competitiveness. To that end, the
Agency has a number of regulatory goals
in order to meet the challenge while
demonstrating progress consistent with
its principles of results and
accountability, innovation and
collaboration, and the use of the best
available science. Using these three
principles as the foundation of its
activity, EPA is sharpening focus on
achieving measurable environmental
results on the following five strategic
goals:
Clean Air and Global Climate Change
While EPA has made tremendous
progress toward achieving clean,
healthy air that is safe to breathe, air
pollution continues to be a great
problem. The average adult breathes
more than 3000 gallons of air every day,
and children breathe more air per
pound of body weight. Air pollutants,
such as those that form urban smog can
remain in the environment for long
periods of time and can be carried by
the wind hundreds of miles from their
origin. Millions of people live in areas
where urban smog, very small particles,
and toxic pollutants may pose serious
health concerns.
EPA's programs will allow the Nation
to make substantial progress in
protecting human health and
ecosystems from air pollution. By 2011,
virtually all of the country will have put
in place controls to meet current air
quality standards. New motor vehicles,
including trucks and buses, will be 75
to 95 percent cleaner than they were in
2003. Power plant emissions will be
reduced by approximately 40 percent
from 2003 levels. Taken together, these
programs, when fully implemented,
may prevent tens of thousands of
premature deaths and hospitalizations,
and may prevent millions of lost work
and school days each year. These
national programs will be supplemented
by local control strategies designed to
ensure that the air quality standards are
achieved and maintained.
EPA also works to address climate
change. Since the beginning of the
industrial revolution, concentrations of
several greenhouse gases (particularly
carbon dioxide) have increased
substantially. EPA is currently working
with other Federal Agencies to
implement the President's 20 in 10
program, to reduce gasoline
consumption up to 20 percent in the
next ten years.
Clean and Safe Water
EPA's "Clean and Safe Water" goal
defines the improvements that EPA
expects to see in the quality of the
Nation's drinking water and of surface
waters over the next 5 years. These goals
include improving compliance with
drinking water standards, maintaining
safe water quality at public beaches,
restoring more than 2,000 polluted
waterbodies, and improving the health
of coastal waters.
In an effort to address the Nation's
aging water infrastructure system, EPA
is developing and implementing more
innovative, market-based infrastructure
financing tools for States, tribes, and
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69923
communities. These initiatives will
increase and accelerate investment in
water infrastructure and offer greater
flexibility and cost-effectiveness to
provide clean and safe water for every
American. Through technology,
innovation, and collaboration, EPA
makes better use of its resources to help
the nation's water and wastewater
systems be highly efficient and to move
infrastructure toward greater
sustainability for many years to come.
Land Preservation and Restoration
EPA's land preservation and
restoration goal represents the need for
managing waste, conserving and
recovering the value of wastes,
preventing releases, responding to
emergencies, and cleaning up
contaminated land. Uncontrolled wastes
can cause acute illness or chronic
disease and can threaten healthy
ecosystems.
Over the next 5 years, EPA will
establish or update approved controls to
prevent dangerous releases at
approximately 500 hazardous waste
treatment, storage, and disposal
facilities and also will address 2 long-
standing tribal waste management
concerns: increasing the number of
tribes covered by integrated waste
management plans and cleaning up
open dumps.
To reduce and control the risks posed
by accidental and intentional releases of
harmful substances, EPA plans to
maintain a high level of readiness to
respond to emergencies, lead or oversee
the response at more than 1,600
hazardous waste removals and reduce
by 25 percent the number of gallons of
oil spilled by facilities subject to
Facility Response Plan regulations
relative to previous levels. EPA and its
partners, and responsible parties will
remediate contaminated land, reduce
risk to the public, and enable
communities to return properties to
beneficial reuse. We will also apply
leading-edge scientific research to
improve our capability to assess
conditions and determine relative risks
posed by contamination at hazardous
waste sites.
Healthy Communities and Ecosystems
With a mix of regulatory programs
and partnership approaches the Agency
achieves results in ways that are
efficient, innovative and sustainable.
EPA continues to work collaboratively
with other nations and international
organizations to identify, develop, and
implement policy options to address
global environmental issues of mutual
concern. Following this, EPA strives to
build a community's capability to make
decisions that affect the environment.
EPA's efforts to share information and
provide assistance offers the tools
needed to effectively address the myriad
aspects of planned development or
redevelopment. These contributions are
tailored to circumstances spanning the
issues of sensitive communities and
international cooperation. In a similar
manner, EPA's ecosystem protection
programs encompass a wide range of
approaches that address specific at-risk
regional areas, such as large
waterbodies. EPA also works with
partners to protect larger categories of
threatened systems, such as estuaries
and wetlands. In cooperation with the
U.S. Army Corps of Engineers, EPA will
assure "no net loss" of wetlands.
Science guides EPA's identification
and treatment of emerging issues and
advances our understanding of long-
standing human health and
environmental challenges. EPA's
research is typically crosscutting,
multidisciplinary, and at the cutting
edge of environmental science; reflects
the dynamic nature of science; and
brings scientific rigor to the
characterization of uncertainty and risk.
Compliance and Environmental
Stewardship
EPA ensures that government,
business, and the public comply with
Federal laws and regulations by
monitoring compliance and taking
enforcement actions that result in
reduced pollution and improved
environmental management practices.
To accelerate the Nation's
environmental protection efforts, EPA
works to prevent pollution at the source,
to advance other forms of environmental
stewardship, and to employ the tools of
innovation and collaboration.
Effective compliance assistance and
strong, consistent enforcement are
critical to achieving the human health
and environmental benefits expected
from the country's environmental laws.
EPA monitors compliance patterns and
trends and focuses on priority problem
areas identified in consultation with
States, tribes, and other partners. The
Agency supports the regulated
community by assisting regulated
entities in understanding environmental
requirements, helping them identify
cost-effective compliance options and
strategies, providing incentives for
compliance.
EPA promotes the principles of
responsible environmental stewardship,
sustainability, and accountability to
achieve its strategic goals. Collaborating
closely with other Federal agencies,
States, and tribes, the Agency identifies
and promotes innovations that assist
businesses and communities in
improving their environmental
performance. EPA works to improve and
encourage pollution prevention and
sustainable practices, helping
businesses and communities move
beyond compliance and become
partners in protecting our national
resources and improving the
environment and our citizens' health.
Timeliness of Regulatory Actions
Completing actions on time or ahead
of schedule means EPA keeps its
commitments, improves the quality of
decisions, and the public and
environment benefit from EPA's key
actions sooner. EPA is focusing
management attention on several dozen
key actions and tracking their adherence
to an agreed-to schedule for the
completion of a standard set of
development milestones leading to
promulgation of rules or finalization of
other types of actions. Actions that are
completed on time or early are used by
EPA as potential exemplars of best
practices; program offices that achieve
timely completion of actions are
encouraged to share their success stories
and lessons learned. Actions that are
off-track are identified early and
corrective steps are taken to expedite
their completion.
Aggregate Costs and Benefits
Per the amendments to EO 12866, we
are providing a combined aggregate
estimate of costs and benefits of
regulations included in the Regulatory
Plan. Any aggregate estimate of total
costs and benefits must be highly
qualified. Problems with aggregation
arise due to differing baselines, data
gaps, and inconsistencies in
methodology and type of regulatory
costs and benefits considered. The
aggregate estimates presented combine
annualized and annual numbers. Cost
savings are treated as benefits. Dollars
were converted to 2001 using the GDP
deflator. The ranges presented below do
not reflect the full range of uncertainty
in the benefit and cost estimates for
these rules.
It is critical to note that the aggregate
estimates omit important benefits and
costs that cannot be monetized. For
example, the estimates leave out many
health and welfare benefits, such as
ecosystem functions, visibility, avoided
cases of chronic respiratory damage,
hypertension, and coronary heart
disease, among many others. In
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69924 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
addition, for many of the rules in the
Plan, we were unable to estimate costs
and benefits at this time because the
range of policy options under
consideration is wide and varied.
The monetized aggregate estimates
provided below reflect the following
rules in the Regulatory Plan: (1)
Monetized cost and benefit information
was provided for: Review of NAAQS for
Ozone, Control of Emissions from New
Locomotives and New Marine Diesel
Engines, Control of Emissions from
Nonroad Spark-Ignition Engines,
Expanding the Comparable Fuels
Exclusion under RCRA, Lead-Based
Paint Activities; Amendments for
Renovation, Repair and Remodeling; (2)
Monetized cost information (but no
monetized benefits) was provided for:
Endocrine Disrupter Screening Program;
Implementing the Screening and Testing
Phase, Test Rule; Certain High
Production Volume (HPV) Chemicals,
Pesticides: Data Requirements for
Antimicrobials, and Final Revisions to
the Effluent Limitations Guidelines and
Standards for CAFOS; (3) Monetized
benefit information (but no monetized
costs) was provided for: Definition of
Solid Waste Revisions, Revisions to the
SPCC Final Rule, Regulation of Oil-
Bearing Hazardous Secondary Materials
from the Petroleum Refining Industry
Processed in a Gasification System to
Produce Synthesis Gas, Hazardous
Waste Management System.
Aggregate annual monetized benefits
range from $5 billion to $104 billion
(benefit estimates reflect the full suite of
standards under consideration for the
ozone NAAQS). With the exception of
the ozone NAAQS rule, we do not have
sufficient information to provide a range
for the aggregate cost estimates. For this
reason, we are reporting the ozone cost
range separate from the other rules. The
annualized monetized costs for the
ozone NAAQS rule range from $3.5
billion to $70 billion (cost estimates
reflect the full suite of standards under
consideration for the ozone NAAQS.)
Aggregate annual monetized costs for all
other rules are estimated to be $1
billion. This estimate does not reflect
the uncertainty in the cost estimates, as
noted above.
Rules Expected to Affect Small Entities
By better coordinating small business
activities, EPA aims to improve its
technical assistance and outreach
efforts, minimize burdens to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary programs. A number of
rules included in this Plan might be of
particular interest to small businesses
including
• Control of Emissions from Spark-
Ignition Engines and Fuel Systems
from Marine Vessels and Small
Equipment (2060-AM34), and
• Lead-Based Paint Activities;
Amendments for Renovation, Repair
and Painting (2070-AC83).
For a more extensive list of rules
affecting small businesses, please see
appendices B and C to the Regulatory
Agenda which is available at
http://www.epa.gov/opei/
orpm.html#agenda.
EPA's Regulatory Plan is an important
element of the Agency's strategy for
achieving environmental results within
the framework described above. The
Agency's regulatory program includes
several efforts that will reduce the
burden placed on small businesses
while ensuring the integrity of the
environment. Many of these have been
nominated for Agency action through
the public nomination process initiated
by the Office of Management and
Budget (OMB) in 2001, 2002, and 2004
and many of these have been completed.
Taken as a whole, the Agency's
Regulatory Plan will ensure that the
Nation continues to achieve
improvements in environmental quality
while minimizing burden to States and
the regulated community.
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
In 2007, a top priority for EPA is the
implementation of a recent Presidential
Executive Order to reduce gasoline
consumption and greenhouse gas
emissions from motor vehicles and
other types of engines. To this end, the
Office of Air and Radiation (OAR) is
working with other Federal agencies to
develop the rules needed to carry out
this Executive Order. These regulations
are intended to give effect to the
President's State-of-the-Union proposal
to reduce gasoline consumption by 20
percent over the next 10 years by
increasing the supply of alternative
fuels and making motor vehicles more
energy efficient. Another important and
ongoing OAR regulatory priority is to
protect public health and the
environment from the harmful effects of
fine particulate matter and ozone, the
two air pollutants that persist widely in
the Nation's air in amounts that exceed
Clean Air Act health standards.
Exposure to these pollutants is
associated with numerous harmful
effects on human health, including
respiratory problems, heart and lung
disease, and premature death. These
pollutants also degrade visibility, an
effect of particular concern in national
parks and other scenic areas. In addition
to ozone and particulate pollution, OAR
is continuing to address toxic air
pollution by controlling toxic emissions
from both stationary sources and mobile
sources such as cars and trucks. OAR is
also working to increase the
effectiveness and efficiency of its
permitting and monitoring programs,
which are among the main mechanisms
through which clean-air protections are
implemented. Finally, OAR is revising
previously issued safety standards for
nuclear-waste storage in response to a
court decision. These efforts are
described briefly below.
On May 14, 2007, President Bush
issued Executive Order entitled
"Cooperation Among Agencies in
Protecting the Environment with
Respect to Greenhouse Gas Emissions
From Motor Vehicles, Nonroad
Vehicles, and Nonroad Engines." OAR
is working with other Federal agencies
to implement this Executive Order by
developing regulations to reduce
gasoline consumption and greenhouse
gas emissions from motor vehicles.
These regulations will use as a starting
point the President's State-of-the-Union
proposal to reduce gasoline
consumption by 20 percent over the
next 10 years. By increasing the supply
of alternative fuels and making motor
vehicles more energy efficient, this
effort will serve to establish rules giving
effect to the President's proposal.
To help control ozone and particulate
pollution, OAR is developing additional
rules as part of its program to reduce
emissions from mobile sources. These
rules will require additional emission
reductions from certain marine engines,
locomotives, and small equipment.
These rules will enhance the overall
mobile-source control program that has
already set stringent standards for most
categories of vehicles, engines, and their
fuels.
OAR also continues to assess new
scientific information that underlies the
National Ambient Air Quality Standards
(NAAQS). In July, EPA proposed a rule
revising the existing NAAQS for ozone,
and will promulgate a final rule early in
2008. A rulemaking addressing
standards for lead is also underway,
with an advance notice of proposed
rulemaking due for publication in
December.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990. The
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69925
largest part of this effort is the
"Maximum Achievable Control
Technology" (MACT) program, which is
now well into its second phase
consisting of evaluation of the
effectiveness of work done so far,
assessment of the need for additional
controls, and assessment of advances in
control technology. In this second
phase, EPA will combine the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups to help meet
statutory dates, raise and resolve
programmatic issues more effectively,
minimize resources by using available
data and focusing on high risk sources,
and provide consistent review and
analysis. Among the rulemakings
currently underway is the Risk and
Technology Review Phase II, Group 2,
which addresses 21 source categories
including aerospace manufacturing, oil
and natural-gas production, and
production of polymers and resins.
Since many air quality programs are
administered through permitting and
monitoring programs, OAR continues to
work toward improving these programs
to increase efficiency and reduce
regulatory burden. Currently, OAR is
continuing to develop rulemakings to
streamline and improve its New Source
Review (NSR) permitting program. This
effort will clarify the circumstances
under which companies must obtain
construction permits before building
new facilities or significantly modifying
existing facilities. These revisions will
provide more regulatory certainty by
clarifying compliance requirements, and
will also make the program easier to
administer while maintaining its
environmental benefits. In developing
these NSR rule revisions, OAR is
drawing upon many years of intense
involvement with major stakeholders,
who have helped shape a suite of
reforms that are expected to both
improve the environmental
effectiveness of these programs and
make them easier to comply with. OAR
is also developing rulemakings to clarify
and better define the kinds of
monitoring required in Federal and
State operating permit programs, and to
clarify how to determine the potential
emissions from various types of sources.
EPA also expects to complete a
rulemaking amending the radiation
standards governing the development of
the Yucca Mountain site in Nevada, the
Nation's designated geologic repository
for spent nuclear fuel and high-level
radioactive waste. These standards were
initially issued in 2001 and were
partially remanded by a Federal court in
2004. To address the remand, EPA must
reassess the time frame for compliance
in light of the National Academy's
recommendation that compliance must
be addressed at the time of peak dose,
which may be as long as several
hundred thousand years into the future.
Office of Prevention, Pesticides, and
Toxic Substances
The primary goal of EPA's Office of
Prevention, Pesticides, and Toxic
Substances (OPPTS) is to prevent and
reduce pesticide and industrial
chemical risks to humans, communities
and ecosystems. OPPTS employs a mix
of regulatory and non-regulatory
methods to achieve this goal. During the
past fiscal year, OPPTS proposed and
finalized a number of significant
regulatory actions that are briefly
highlighted below. For more
information about these regulatory
actions, as well as information about our
other programs and activities, please
visit our Web site at
www.epa.gov/oppts. Looking forward to
the coming fiscal year, OPPTS expects
to issue several significant regulatory
actions that are also highlighted below.
In working to meet OPPTS's goal, EPA
thoroughly evaluates pesticides to
ensure that they will meet Federal safety
standards to protect human health and
the environment before they can be
marketed and used in the United States.
EPA uses data submitted by pesticide
producers to form the bases for the
pesticide risk assessments and decisions
as to whether pesticides meet safety
standards. The Agency has kept pace
with the evolving scientific
understanding of pesticide risks by
requiring the submission of the data
needed on a case-by-case basis and
OPPTS updated.its registration data
requirements for conventional,
biochemical, and microbial pesticides in
2007. As part of this continuing effort to
update and/or establish pesticide data
requirements, OPPTS expects to issue
two proposed rules in 2008: One would
update the data requirements for
antimicrobial pesticides in 40 CFR Part
158; the other would establish data
requirements for plant-incorporated
protectant (PIP) pesticides in 40 CFR
Part 174.
In order to better protect human
health and the environment, and to
update and strengthen the pesticide
worker safety programs, OPPTS expects
to propose changes to the Code of
Federal Regulations (CFR) for certifying
the competency of pesticide applicators
to apply pesticides safely in late 2008.
Many changes in State programs have
occurred since the initial applicator
certification regulations were
promulgated in the 1970s. Today, many
States' programs go beyond the current
Federal regulations in training and
certifying pesticide applicators. The
Agency anticipates revisions that will
broaden the scope of the certification
program for occupational pesticide
applicators, and strengthen the
demonstration of competency as a
requirement of certification. In
conjunction with the applicator
certification regulation enhancements,
OPPTS will also propose enhancements
to the agricultural worker protection
regulation in a separate but related
regulatory action to strengthen the
elements of hazard communication and
pesticide worker safety training.
Evidence suggests that environmental
exposure to man-made chemicals that
mimic hormones (endocrine disrupters)
might cause adverse health effects in
human and wildlife populations. The
Food Quality Protection Act directed
EPA to develop a chemical screening
program (the Endocrine Disruptor
Screening Program, EDSP), using
appropriate validated test systems and
other scientifically relevant information,
to determine whether certain substances
may have hormonal effects in humans.
OPPTS is implementing
recommendations from a scientific
advisory committee, which was
established to advise EPA on the EDSP,
by developing and validating test
systems for determining whether a
chemical might have effects similar to
those produced by naturally occurring
hormones. As part of this program EPA
is also developing a draft framework for
procedures and processes to use when
implementing the screening and testing
phase of the EDSP, and developed an
initial list of chemicals for which testing
will be required. In 2008, EPA
anticipates finalizing the procedures
and the list of chemicals for initial
screening. The screening and testing
phase of the program is expected to
commence in 2008.
In 2008, EPA will continue its work
towards the Administration goal of
eliminating childhood lead poisoning as
a national health concern by 2010 by
implementing a program to address
lead-based paint hazards associated
with renovation, repair and painting
activities. The p rogram will be
composed of a combination of
approaches including regulations, and
education and outreach that will
include elements specifically designed
for industry and consumers. Industry
outreach will include dissemination of
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information regarding the regulation,
lead-safe work practices, and training
opportunities. Consumer outreach will
be designed to expand consumer
awareness, and create demand for the
use of lead-safe work practices. EPA
plans to finalize and begin
implementation of the Renovation,
Repair and Painting Program rule in
2008. The regulation is intended to
minimize the introduction of lead
hazards resulting from the disturbance
of lead-based paint during renovation,
repair, and painting activities. The
regulation would require contractors
conducting renovation, repair and
painting activities in most target
housing and child occupied facilities to
be trained, certified, and to follow work
practice standards designed to minimize
the creation of lead hazards.
EPA continues to implement the
voluntary HPV Challenge Program, a
collaborative partnership between EPA
and industry stakeholders, to develop
health and safety screening information
on sponsored high production volume
chemicals. To complement this
voluntary effort, OPPTS expects to
propose a second test rule under the
Toxic Substances Control Act (TSCA) in
early 2008. This rule will require testing
for a number of HPV chemicals that
were not sponsored as part of the
voluntary HPV Challenge Program in
order to develop critical information
about the environmental fate and
potential hazards of those chemicals.
When combined with exposure and use
information obtained under the
Inventory Update Rule (IUR), the
Agency will be in a position to evaluate
potential health and environmental
risks, and take appropriate actions, as
necessary. In 2007 and continuing in
2008, EPA will begin to evaluate the
HPV data and develop hazard
screening/risk characterizations on the
HPV chemicals. These Hazard/Risk
Characterizations -will be posted to the
High Production Volume Information
System (HPVIS) website as they are
completed. EPA will also begin to assess
lower-volume existing chemicals. These
activities will help us identify needed
next steps, including regulatory and
voluntary measures, to obtain more
detailed toxicity or exposure
information, identify safer substitutes,
or identify other risk mitigation steps, if
necessary. Because of the head start
provided by the HPV Challenge
information and Inventory Update Rule
reporting, this approach will result in
risk management and testing decisions
on HPV chemicals in the next several
years. Additionally, EPA is committed
to considering any relevant data
generated by other countries or regions
(e.g., Canada's Chemical Management
Plan or the EU's REACH legislation)
which would further inform our
regulatory decisions.
In July of 2007, EPA issued for public
comment draft documents regarding the
design of a voluntary Nanoscale
Materials Stewardship Program (NMSP)
under TSCA. The NMSP will
complement and support EPA's new
and existing chemical programs under
TSCA and will help provide a firmer
scientific foundation for regulatory
decisions by encouraging the
development of key scientific
information and contribute to an
improved understanding of risk
management practices for nanoscale
chemical substances (nanoscale
materials). EPA held a public meeting
on the NMSP on August 2007, and in
September 2007, the Agency held a
public scientific peer consultation on
material characterization of nanoscale
materials as well as a conference on the
pollution prevention benefits of
nanotechnology. If information from the
NMSP or other information indicates
potential new uses of existing chemicals
that may result in new exposures or to
fill information gaps, EPA may issue a
significant new use rule or section 8
reporting rule under TSCA.
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER)
contributes to the Agency's overall
mission of protecting public health and
the environment by focusing on the safe
management of wastes; preparing for,
preventing and responding to chemical
and oil spills, accidents, and
enrergencies; enhancing homeland
security; and cleaning up contaminated
property and making it available for
reuse. EPA carries out our mission in
partnership with other Federal agencies,
States, tribes, local governments,
communities, nongovernmental
organizations, and the private sector. To
further our mission, OSWER has
identified several regulatory priorities
for the upcoming fiscal year that will
promote stewardship and resource
conservation and focus regulatory
efforts on risk reduction and statutory
compliance.
EPA is seeking to further amend the
Spill Prevention, Control, and
Countermeasure (SPCC) Plan
requirements to reduce the burden
imposed on the regulated community
for complying with these SPCC
requirements, while maintaining
protection of human health and the
environment.
Specifically, on October 1, 2007, EPA
proposed amendments to the Spill
Prevention, Control, and
Countermeasure (SPCC) rule at 40 CFR
part 112. With these proposed changes,
EPA intends to provide clarity, tailor,
and streamline requirements as
appropriate in order to encourage
greater compliance with the SPCC
regulations. These amendments are
intended to exempt certain containers
from the SPCC requirements; clarify the
general secondary containment
requirements; provide streamlined
requirements for a subset qualified
facilities; increase flexibility in the
security requirements and flexibility in
the use of industry standards to comply
with integrity testing requirements;
provide additional flexibility in meeting
the facility diagram requirements;
clarify the flexibility provided by the
definition of "facility;" and streamline a
number of requirements for oil
production facilities.
The "definition of solid waste" rule
determines which hazardous secondary
materials that are recycled are regulated
under the Resource Conservation and
Recovery Act (RCRA) Subtitle C
hazardous waste regulations and which
are not. Many hazardous secondary
materials that are or could be reclaimed
as part of the recycling process are
regulated as hazardous wastes. This can
discourage recycling of the wastes, due
to requirements for permits (which
trigger corrective action), manifests, and
the other requirements imposed by the
Subtitle C hazardous waste regulations.
EPA is seeking innovative approaches
that will increase the safe recycling of
hazardous waste, while still ensuring
that these materials are properly
handled. In its supplemental proposal,
EPA is proposing to remove
unnecessary regulatory controls over
certain recycling practices; EPA expects
to make it easier to safely recycle
hazardous secondary material.
Exclusions are proposed for materials
that are generated and reclaimed under
the control of the generator; materials
that are generated and transferred to
another person or company for
reclamation under specific conditions;
and materials that EPA deems nonwaste
through a case-by-case petition process.
If the exclusions are promulgated as
proposed and are adopted by all the
states, EPA expects this action to result
in $107 million in average annual cost
savings.
EPA is considering revising the RCRA
hazardous regulations to exclude from
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69927
being a solid waste any oil-bearing
hazardous secondary materials that are
generated by the petroleum refining
industry if such materials are destined
to be processed in a gasification system
at the petroleum refinery and used in
the manufacture of synthesis gas. This
rule promotes increased energy
efficiency, by allowing oil-bearing
hazardous secondary materials to be
used as a source of energy, while
reducing the volume of hazardous waste
that would otherwise be treated and
land disposed. With an estimated
savings between $46.4 million and
$48.7 million in net social benefits per
year, the final rule takes a significant
step forward for the environment and
for energy self-sufficiency.
The comparable fuels program
currently allows specific industrial
wastes to be excluded from RCRA
hazardous waste requirements when
they are used as a fuel and do not
contain hazardous constituent levels
exceeding those in a typical benchmark
fuel that facilities could otherwise use
as a fuel. EPA is considering
promulgating a rule that would expand
those hazardous wastes that could be
used safely for their energy value
without the expense of a RCRA permit,
to promote the use of these wastes as a
renewable domestic source of energy
and reduce our use of fossil fuels. This
rule will promote safe energy recovery
and remove unnecessary costs.
The Agency plans to propose
revisions to the treatment standards for
the disposal of spent hydrotreating and
hydrorefining catalysts. EPA is focusing
on removing disincentives to the
recycling of spent hydrotreating and
hydrorefining catalysts, which would
create more incentives to metals
recovery, over disposal.
The Office of Management and
Budget's Reports to Congress on the
Costs and Benefits of Regulations for
2001, 2002 and 2004 included reform
nominations for the Agency to consider.
The following rulemakings mentioned
above support reform nominations: (1)
Expanding the Comparable Fuels
Exclusion under RCRA, (2) Definition of
Solid Waste Revisions, (3) Revisions to
Recycling Requirements for Spent
Hydrorefining and Hydroprocessing
Catalysts, and (4) Revisions to the SPCC.
In addition, two additional rulemakings
under development also pertain to the
reform nominations: (I) Streamlining
Laboratory Waste Management in
Academic and Research Laboratories
and (2) Management of Cement Kiln
Dust (a by-product of the cement
manufacturing process.) For the former
rule, the Agency proposed a set of
alternative standards that are more
tailored to the way laboratories operate.
For the latter rule, the Agency proposed
a comprehensive set of standards for the
management of cement kiln dust.
Office of Water
EPA's Office of Water's primary goals
are to ensure that drinking water is safe;
restore and maintain oceans,
watersheds, and their aquatic
ecosystems to protect human health;
support economic and recreational
activities; and provide healthy habitat
for fish, plants, and wildlife. In order to
meet these goals, EPA has established a
number of regulatory priorities for the
coming year. They include actions
affecting National Pollutant Discharge
Elimination System permit
requirements and drinking water.
EPA is planning to publish four
actions affecting National Pollutant
Discharge Elimination System (NPDES)
permitting requirements in FY 2007.
The first is a rule addressing the NPDES
permitting requirements and Effluent
Limitations Guidelines and Standards
(ELGs) for concentrated animal feeding
operations (CAFOs) in response to the
order issued by the Second Circuit
Court of Appeals in Waterkeeper
Alliance et al. v. EPA, 399 F.3d 486 (2nd
Cir. 2005). The final rule responds to the
court order while furthering the
statutory goal of restoring and
maintaining the Nation's water quality
and effectively ensuring that CAFOs
properly manage manure generated by
their operations. A second action is the
Water Transfers rulemaking. EPA plans
to finalize the rule that addresses the
question of whether the 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. A third action that EPA plans to
issue is a policy regarding NPDES
permit requirements for peak wet
weather diversions at publicly owned
treatment works (POTW) treatment
plants serving separate sanitary sewer
collection systems. Lastly, EPA began
development of NPDES permitting
framework under the CWA for the
discharge of pollutants incidental to the
normal operation of vessels (e.g.,
bilgewater, deck runoff, gray water).
Development of NPDES permits is
necessary in light of a lawsuit in the
U.S. District Court for the Northern
District Court of California in which the
Court ruled that EPA's regulation
excluding discharges incidental to the
normal operation of a vessel from
NPDES permitting exceeded the
Agency's authority under the CWA.
EPA
PRERULE STAGE
130. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
NPRM, Judicial, May 1, 2008, As per
5/14/2005 order.
Final, Judicial, September 1, 2008, As
per 5/14/2005 order.
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 (ig/mS as a quarterly
average (maximum arithmetic mean
averaged over a calendar quarter).
Subsequent to this initial standard-
setting, the Clean Air Act requires that
the standard be reviewed periodically.
The last such review occurred during
the period 1986-1990. For that review,
an Air Quality Criteria Document
(AQCD) was completed in 1986 with
a supplement in 1990. Based on
information contained in the AQCD, an
EPA Staff Paper and Exposure
Assessment were prepared. Following
the completion of these documents, the
agency did not propose any revisions
to the 1978 Pb NAAQS. The current
review of the Pb air-quality criteria was
initiated in November 2004 by EPA's
National Center for Environmental
Assessment (NCEA) with a general call
for information published in the
Federal Register. In January 2005,
NCEA released a work plan for the
review and revision of the Pb AQCD.
Workshops were held to provide author
feedback on a developing draft of the
AQCD in August 2005. The draft AQCD
was released December 1, 2005. The
EPA Office of Air Quality Planning and
Standards prepared a draft Staff Paper
for the Administrator, which included
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69928
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
an initial evaluation of the key studies
and scientific information contained in
the AQCD and additional preliminary
technical analyses. The AQCD and draft
Staff Paper were reviewed by the Clean
Air Scientific Advisory Committee
(CASAC) and the public. An ANPRM
will be published outlining the results
of the final risk assessment and giving
consideration to the policy assessment.
As the lead NAAQS review is
completed, the Administrator's
proposal to reaffirm or revise the lead
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for lead are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under Section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while the
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for lead are whether to
reaffirm or revise the existing
standards.
Anticipated Costs and Benefits:
Cost and benefit estimates are being
developed with the proposal.
Risks:
The current national ambient air
quality standards for lead are intended
to protect against public health risks.
During the course of this review, a risk
assessment will be conducted to
evaluate health risks associated with
the retention or revision of the lead
standards. Welfare effects will also be
reviewed in relation to retention or
revision of the current standard.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
12/00/07
04/00/08
09/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
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
Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN83
EPA
131. 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
Disruptor Screening Program (EDSP) in
1998. The EDSP has the following three
components that are proceeding
simultaneously: 1) developing and
validating assays; 2) setting chemical
testing priorities; and 3) establishing
408(p) testing orders and related data
procedures. A Federal Advisory
Committee Act committee has provided
advice to the EDSP on assay
development and validation. For
chemical testing priorities, the
approach to selecting the first 50-100
chemicals was finalized in September
2005 (70 FR 56449) and EPA
implemented that approach. EPA
published a draft list of 73 pesticide
active ingredients and high production
volume (HPV) pesticide inert chemicals
for initial screening in June 2007 (72
FR 33486). EPA intends to commence
Tier 1 screening of the first group of
pesticide chemicals by issuing test
orders under FFDCA section 408(p) to
chemical companies identified as the
manufacturer or processor of the
identified chemicals, including the
pesticide registrant. EPA is developing
a draft implementation policy that will
describe the procedures that EPA will
use to issue orders, the procedures that
order recipients would use to respond
to the order, how data protection and
compensation will be addressed in the
test orders, and other related
procedures or policies.
Statement of Need:
The Endocrine Disruptor Screening
Program Implementation of the
Screening and Testing Phase fulfills the
statutory direction and authority to
screen pesticide chemicals and
drinking water contaminants for their
potential to disrupt the endocrine
system and adversely affect human
health and wildlife.
Summary of Legal Basis:
The screening and testing phase of the
Endocrine Disruptor Screening Program
(EDSP) potentially will encompass a
broad range of types of chemicals,
including pesticide chemicals, TSCA
chemicals, chemicals that may be found
in sources of drinking water, chemicals
that may have an effect that is
cumulative to the effect of a pesticide
chemical, chemicals that are both
pesticide chemicals and TSCA
chemicals, and other chemicals that are
combinations of these types of
chemicals. As discussed in the
Proposed Statement of Policy, EPA has
a number of authorities at its disposal
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69929
to require testing of these types of
chemicals. The Federal Food, Drug, and
Cosmetics Act (FFDCA) section 408(p)
provides EPA authority to require
testing of all pesticide chemicals and
any other substance that may have an
effect that is cumulative to an effect
of a pesticide chemical if EPA
determines that a substantial
population may be exposed to the
substance. 21 U.S.C. 346a)(p). Likewise,
the Safe Drinking Water Act (SDWA)
provides EPA with authority to require
testing of any substance that may be
found in sources of drinking water if
EPA determines that a substantial
population may be exposed to the
substance. 42 USC sec 300J-17. The
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) provides EPA
with authority to require testing of
pesticides if EPA determines that
additional data are required to maintain
in effect an existing registration. 7 USC
sec 136a(c)(2)(B). The Toxic Substances
Control Act (TSCA) provides authority
for EPA to require testing of TSCA
chemicals, provided that it makes
certain hazard and/or exposure
findings. 15 USC sec 2603. In addition,
EPA has authority to issue consent
orders to require testing when
interested parties agree on an
acceptable testing program. 51 FR
23706 (June 30, 1986).
Alternatives:
A federal role is mandated under cited
authority. There is no alternative to the
role of the Federal government on this
issue to ensure that pesticides,
commercial chemicals and
contaminants are screened and tested
for endocrine disruption potential. A
limited amount of testing may be
conducted voluntarily but this will fall
far short of the systematic screening
which is necessary to protect public
health and the environment and ensure
the public that all important substances
have been adequately evaluated.
Anticipated Costs and Benefits:
It is too early to project the costs and
benefits of this program accurately.
However, a preliminary rough estimate
by industry indicated a cost of
$200,000 per chemical. It is also too
early to quantify the benefits of this
program quantitatively. The goal of the
program is to reduce the risks
identified below.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through an endocrine mediated
pathway. Epidemiological studies on
the associations between chemical
exposures and adverse endocrine
changes continue to evaluate this
problem in humans. Wildlife effects
have been more thoroughly
documented. Abnormalities in birds,
marine mammals, fish, amphibians,
alligators, and shellfish have been
documented in the U.S., Europe, Japan,
Canada, and Australia which have been
linked to specific chemical exposures.
Evidence is sufficient for the U.S. to
proceed on a two track strategy:
Research on the basic science regarding
endocrine disruption and screening
with validated assays to identify which
chemicals are capable of interacting
with the endocrine system. The
combination of research and test data
submitted in this program will enable
EPA to take action to reduce risks.
Timetable:
Action
Date
FR Cite
Draft Procedures
11/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 4728; EPA publication
information: Notice; Split from RIN
2070-AD26. In August 2000, the
Agency submited 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@epamail.epa.gov
RIN: 2070-AD61
EPA
132. NANOSCALE MATERIALS UNDER
TSCA
Priority:
Other Significant
Legal Authority:
15 USC 2601et 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 (OPPTJ is
establishing a voluntary program to
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69930 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
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. On July 12, 2007, the
Agency published a document that
describes specific elements regarding a
voluntary stewardship program for
nanoscale materials, a proposed
information collection request, and a
paper that describes determining the
TSCA inventory status of nanoscale
materials. In addition, EPA conducted
a public meeting on August 2 to receive
oral comments on the stewardship
program and the published documents.
A notice announcing the stewardship
program including final versions of any
documents is scheduled to be
published in February, 2008.
Statement of Need:
There is evolving understanding of a
new technology with regard to health
and safety implications from exposure
to nanoscale materials. This is also true
in the areas of environmental fate,
efficacy of exposure mitigation
practices, etc. Therefore, at present the
lack of information leads to challenges
in the assessment of and decision-
making on nanoscale materials.
Summary of Legal Basis:
Under TSCA, EPA has the authority to
require the development of data
adequate for the assessment of chemical
substances and mixtures from persons
that manufacture or process them, and
to prevent and eliminate unreasonable
risk of injury to human health and
environment from chemical substances
and mixtures.
Alternatives:
The stewardship program is an effective
yet flexible alternative to traditional
regulatory approaches.
Anticipated Costs and Benefits:
To be determined.
Risks:
EPA will use information from the
stewardship program to inform
appropriate steps and future framework
to protect human health and the
environment from unreasonable risk.
Timetable:
Action
Date
FR Cite
07/12/07 72 FR 38083
Notice: TSCA
Inventory Status
Notice: Final Program 02/00/08
Announcement
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 5058; EPA publication
information: Notice: TSCA Inventory
Status -
http://www.epa.gov/fedrgstr/EPA-
TOX/2007/July/Day-12/tl3558.htm;
EPA Docket information: EPA-HQ-
OPPT-2004-0122
Agency Contact:
Jim Alwood
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Jim Willis
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202 564-0104
Fax: 202 564-9490
Email: willis.jim@epamail.epa.gov
RIN: 2070-AJ30
EPA
PROPOSED RULE STAGE
133. 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 4-step strategy announced
in the final Umbrella Monitoring Rule
(published January 22, 2004) to address
monitoring inadequacies. The four
steps were: 1) To clarify the role of title
V permits in monitoring [Umbrella
Monitoring Rule]; 2) to provide
guidance for improved monitoring in
PM-Fine SIP's; 3) to take comment on
correction of inadequate monitoring
provisions in underlying rules; and 4)
to provide guidance on periodic
monitoring. We have completed the
RIA data collection and most of the
analyses,and are beginning review with
OPEI and an economic sub-work group.
Statement of Need:
The "periodic monitoring" rules, 40
CFR 70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B),
require that "[w]here the applicable
requirement does not require periodic
testing or instrumental or
noninstrumental monitoring (which
may consist of recordkeeping designed
to serve as monitoring), [each title V
permit must contain] periodic
monitoring sufficient to yield reliable
data from the relevant time period that
are representative of the source's
compliance with the permit, as
reported pursuant to [§ 70.6(a)(3)(iii) or
§ 71.6(a)(3)(iii)]. Such monitoring
requirements shall assure use of terms,
test methods, units, averaging periods,
and other statistical conventions
consistent with the applicable
requirement. Recordkeeping provisions
may be sufficient to meet the
requirements of [§70.6(a)(3)(i)(B) and
§71.6(a)(3)(i)(B)]." Sections 70.6(c)(l)
and 71.6(c)(l), called the umbrella
monitoring rule, require that each title
V permit contain, "[consistent with
paragraph (a)(3) of this section,
compliance certification, testing,
monitoring, reporting, and
recordkeeping requirements sufficient
to assure compliance with the terms
and conditions of the permit." On
January 22, 2004 (69 Federal Register
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69931
3202), EPA announced that the Agency
has determined that the correct
interpretation of §§ 70.6(c)(l) and
71.6(c)(l) is that these sections do not
provide a basis for requiring or
authorizing review and enhancement of
existing monitoring in title V permits
independent of any review and
enhancement as may be required under
the periodic monitoring rules, the CAM
rule (40 CFR part 64)(62 FR 54900,
October 22, 1997) where it applies, and
other applicable requirements under
the Act. 11 This action is to publish a
separate proposed rule to address what
monitoring constitutes periodic
monitoring under §§ 70.6(a)(3)(i)(B) and
71.6(a)(3)(i)(B) and what types of
monitoring should be created under
these provisions. The intended effect of
the rule revisions in this proposal is
to focus case-by-case reviews on those
applicable requirements for which we
can identify potential gaps in the
existing monitoring provisions.
Summary of Legal Basis:
Section 502(b)(2) of the Act requires
EPA to promulgate regulations
establishing minimum requirements for
operating permit programs, including
"[m]onitoring and reporting
requirements." 42 U.S.C. § 7661a(b)[2).
Second, section 504(b) authorizes EPA
to prescribe "procedures and methods"
for monitoring "by rule." 42 U.S.C. §
7661c(b). Section 504(b) provides: "The
Administrator may by rule prescribe
procedures and methods for
determining compliance and for
monitoring and analysis of pollutants
regulated under this Act, but
continuous emissions monitoring need
not be required if alternative methods
are available that provide sufficiently
reliable and timely information for
determining compliance. . . ." Other
provisions of title V refer to the
monitoring required in individual
operating permits. Section 504(c) of the
Act, which contains the most detailed
statutory language concerning
monitoring, requires that "[e]ach [title
V permit] shall set forth inspection,
entry, monitoring, compliance
certification, and reporting
requirements to assure compliance with
the permit terms and conditions." 42
U.S.C. § 7661c(c). Section 504(c)
further specifies that "[s]uch
monitoring and reporting requirements
shall conform to any applicable
regulation under [section 504(b)]. . . ."
Section 504(a) more generally requires
that "[e]ach [title V permit] shall
include enforceable emission
limitations and standards, . . . and such
other conditions as are necessary to
assure compliance with applicable
requirements of this Act, including the
requirements of the applicable
implementation plan." 42 U.S.C. §
7661c(a).
Alternatives:
Some existing monitoring required
under applicable requirements could be
improved and will be addressed in
connection with both the upcoming
PM2.5 implementation rulemaking and
by improving monitoring in certain
federal rules or monitoring in SIP rules
not addressed in connection with the
PM2.5 implementation guidance or
rulemaking over a longer time frame.
Anticipated Costs and Benefits:
We are assessing the benefits associated
with improved monitoring including
the reduction in source owner response
time to potential excess emissions
problems. Such reduced response time
to take corrective action that will be
required by the rule will result in
measurable emissions reductions that
will be balanced against the cost of
increased equipment, data collection,
and recordkeeping costs. We estimate
the total costs of the rule to be more
than $100 million.
Risks:
There are no environmental and health
risks associated with implementing this
monitoring rule; the underlying rules
with emissions limits address those
risks for each subject source category.
The effect of the monitoring resulting
from this rule will be to reduce the
occurrence of excess emissions
episodes that raise such risks.
Timetable:
Action
Date
FR Cite
NPRM
12/00/07
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
C304-03
RTF, NC 27711
Phone: 919 541-1058
Fax: 919 541-4028
Email: westlin.peter@epamail.epa.gov
Robin Langdon
Environmental Protection Agency
Air and Radiation
D205-02
RTF, NC 27711
Phone: 919 541-4048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
EPA
134. REVISIONS TO THE DEFINITION
OF POTENTIAL TO EMIT (PTE)
Priority:
Other Significant
Legal Authority:
42 USC 7401; 42 USC 7412; 42 USC
7414; 42 USC 7416; 42 USC 7601
CFR Citation:
40 CFR Part 51; 40 CFR 52; 40 CFR
63; 40 CFR 70; 40 CFR 71
Legal Deadline:
None
Abstract:
This rulemaking rule would revise the
definition of the term "potential to
emit" (PTE) used in numerous
regulations to determine the
applicability of major source
requirements. The regulatory
amendments will address enforceability
issues raised in court decisions by the
D.C. Circuit regarding the types of
limitations allowed to be used in a
source's PTE calculations. We plan
revisions to the definitions of PTE for
three major source Act programs: (1)
Major New Source Review (NSR)
program, (2) the section 112 program
that regulates Hazardous Air Pollutants
(HAPs), and (3) the title V Federal
operating permits program. We also
plan to amend regulations that were not
part of the court cases challenging the
definition of potential to emit (e.g.,
visibility rules and Federal operating
permits program rules) in order to be
consistent with other EPA regulations.
In addition to addressing the issue of
whether PTE limitations have to be
federally enforceable, the revised
definition of PTE would set forth the
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69932 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
specific criteria a limitation must meet
to be effective. Finally, the proposal
would clarify that EPA now uses the
term "federally enforceable" to refer
only to the ability of the Federal
government or citizens to enforce the
requirement in federal courts, and not
to the effectiveness of PTE limits as
well.
Statement of Need:
The proposed rulemaking responds to
three court decisions issued in 1995
and 1996 that remanded EPA's
regulatory requirement that PTE limits
be federally enforceable. Although the
federal enforceability requirement was
vacated in the Federal PSD, NSR, and
title V rules, the section 112 program
rules were not vacated and thus still
contain the federal enforceability
requirement. In the interim however,
until EPA clarifies the issues related to
federal enforceability of PTE limits,
current EPA policy recognizes State
enforceable PTE limits for purposes of
avoiding section 112 and Title V
requirements in many circumstances.
The new regulations would respond to
the court's remands in the various
cases.
Summary of Legal Basis:
The proposed rule responds to three
court orders regarding the federal
enforceability component in the
definition of "potential to emit." See
National Mining Association v. EPA (59
F. 3d 1351, B.C. Cir. 1995), Chemical
Manufacturers Assn v. EPA, No. 89-
1514 (B.C. Cir. Sept. 15, 1995) and
Clean Air Implementation Project v.
EPA, No. 96-1224 (B.C. Cir. June 28,
1996). In those cases, the court
questioned federally enforceability as a
necessary criteria for effective PTE
limits. The definitions of PTE in the
implementing regulations for the major
source programs interpret the statutory
term "potential to emit" and provide
a legal mechanism for sources that wish
to restrain their emissions to avoid
triggering major source requirements.
Several provisions of the Clean Air Act
(CAA or the Act) require that "major"
sources be regulated more stringently
than sources that are not major. A
"major" source generally is defined as
one that either "emits or has the
potential to emit" air pollutants above
a specified amount (referred to as major
source thresholds). Until EPA addresses
the issues and clarifies the PTE
definitions, there will be some
uncertainty regarding what is required
for enforceability of PTE limits. Parties
currently rely on EPA guidance for
determining if PTE limits are legally
enforceable and effective.
Alternatives:
To address the court decisions EPA
must either (i) remove the exclusive
federal enforceability requirement or
(ii) provide an explanation as to why
federal enforceability enhances the
effectiveness of PTE limits to such a
degree that it is within reason to
require federally enforceable limits. In
this rulemaking, EPA will consider
both options provided by the court and
propose our preferred option. The
proposal will specifically request
comment on our preferred approach as
well as any alternative options.
Anticipated Costs and Benefits:
The proposed rule will not impose
additional costs on sources. First, PTE
limits are voluntary in that the source
chooses to take a PTE limit rather than
meet major source requirements.
Moreover, currently, sources that wish
to take PTE limits must demonstrate
that their restrictions are effective
according to a number of existing EPA
policy documents and applicable
regulations, for example under minor
new source review regulations and
guidance. By codifying the criteria that
make PTE limits effective, we will be
providing additional certainty and
clarity for sources wishing to obtain
PTE limits. We expect that clarifying
enforceability would yield benefits in
terms of improved information about
sources emissions and compliance. But
because PTE limits generally reduce
potential rather than actual emissions
and since PTE limits are already in
widespread use, we do not expect
significant environmental impacts
associated with this rule change. These
regulations will impose a burden
increase initially on those State and
local programs that may need to revise
or remove PTE definitions in their rules
to make them consistent with these
amendments as approved in the final
rule. Thereafter, we expect a reduction
in burden for all programs due to a
less burdensome administrative
process.
Risks:
There are no environmental and health
risks associated with implementing the
proposed amended PTE definition; the
underlying rules with emissions limits
address those risks for each subject
source category.
Timetable:
Action
Date
FR Cite
NPRM
12/00/07
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
RTF, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
C339-03
RTF, NC 27711
Phone: 919-541-5795
Fax: 919-541-4028
Email: hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN65
EPA
135. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 2
Priority:
Other Significant
Legal Authority:
CAA Sections 112(f)(2), 112(d)(6)
CFR Citation:
00 CFR NYB
Legal Deadline:
None
Abstract:
Under CAA Section 112(d)(6) EPA is
required to review MACT standards
and revise them "as necessary (taking
into account developments in practices,
processes and control technologies)" no
less frequently than every 8 years. EPA
also must evaluate the MACT standards
within 8 years after promulgation and
promulgate standards under CAA
Section H2(f)(2) if required to protect
public health with an ample margin of
safety. 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
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69933
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. This action
was originally referred to as RTR Phase
II and included 34 MACT standards
and 50 source categories. We reduced
the scope of this action and will now
focus on RTR Phase II Group 2 which
consists of 11 MACT standards
covering 21 source categories with
MACT compliance dates of 2002 and
earlier. We plan to 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 also plan to evaluate multipathway
risk associated with those source
categories with significant levels of
persistent and bioaccumulative HAP.
We published an ANPRM in March
2007 to solicit public comments and
corrections on emissions data that will
be used to assess risk for these source
categories. We will remodel the
categories based on the updated data.
EPA will then evaluate the
effectiveness and cost of additional risk
reduction options and make
acceptability and ample-margin-of-
safety determinations in accordance
with Benzene NESHAP decision
framework. Where the need for
additional controls are identified,
standards would be developed that
include technology, work practice, or
performance standards as amendments
to the existing MACT standards.
The 11 MACT standards, the 21 source
categories, and the associated NAICS
codes are listed below.
Aerospace Manufacturing and Rework
Facilities, 336411
Marine Tank Vessel Loading
Operations, 4883
Mineral Wool Production, 32799
Natural Gas Transmission and Storage,
486210
Oil and Natural Gas Production, 211
Pharmaceuticals Production, 3254
Group I Polymers and Resins, 325212
Epichlorohydrin Elastomers Production
Hypalon™Production
Nitrile Butadiene Rubber Production
Polybutadiene Rubber Production
Styrene-Butadiene Rubber and Latex
Production,
Group IV Polymers and Resins, 325211
Acrylic-Butadiene-Styrene Production
Methyl Methacrylate- Acryl onitrile-
Butadiene-Styrene Production
Methyl Methacrylate-Butadiene-Styrene
Production
Nitrile Resins Production
Polyethylene Terephthalate Production
Polystyrene Production
Styrene-Acrylonitrile Production
Primary Aluminum Reduction Plants,
331312
Printing and Publishing Industry, 32311
Shipbuilding and Ship Repair
Operations, 36611
EPA will finalize these in two groups;
one group will be finalized following
the schedule noted below, the other
will be finalized in 2009.
Statement of Need:
Under CAA Section 112(d)(6) EPA is
required to review MACT standards
and revise them "as necessary (taking
into account developments in practices,
processes and control technologies)" no
less frequently than every 8 years. EPA
also must evaluate the MACT standards
within 8 years after promulgation and
promulgate standards under CAA
Section 112(f)(2) if required to protect
public health with an ample margin of
safety.
Summary of Legal Basis:
Clean Air Act Sections 112(f](2) and
Alternatives:
Where additional controls are
identified, risk reduction alternatives
will be evaluated that include
technology, work practice, or
performance standards. Any
alternatives that are selected would be
implemented as amendments to the
existing MACT standards.
Anticipated Costs and Benefits:
For the risk reduction alternatives we
will evaluate costs, emission
reductions, risk reductions, various
measures of cost effectiveness and
where appropriate, benefits analysis.
We plan to consider the added benefit
of reducing emissions of criteria
pollutants, including PM, and green
house gas emissions. The facts
underlying the risk determination will
be key factors in making any
subsequent technology review
determination.
Risks:
Each MACT source category will be
assessed to determine cancer and
noncancer inhalation risks,
environmental risks, and multipathway
risks. Cancer risk will include
maximum individual risk (MIR),
incidence, and population risk, and
non-cancer effects will include chronic
and acute risks. We also plan to
evaluate the multipathway risk
associated with those source categories
with significant levels of persistent and
bioaccumulative HAP.
Timetable:
Action
ANPRM
ANPRM; comment
period extension
NPRM
Final Action
Date FR Cite
03/29/07 72 FR 14734
05/25/07 72 FR 29287
11/00/07
11/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 5093; EPA publication
information: ANPRM;
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
RTF, 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
Washington, DC 20460
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN85
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69934 Federal Register / Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
EPA
136. • RULEMAKING TO ADDRESS
GREENHOUSE GAS EMISSIONS
FROM MOTOR VEHICLES
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
Undetermined
Legal Authority:
Clean Air Act Sections 202, 206, 208,
211
CFR Citation:
40 CFR 86, 40 CFR 80
Legal Deadline:
None
Abstract:
This action will implement the
President's recent Executive Order to
address greenhouse gas emissions from
motor vehicles. This regulatory effort
will evaluate reductions in gas
consumption and greenhouse gas
emissions from motor vehicles, using as
a starting point the President's proposal
to reduce gasoline consumption by up
to 20% over the next 10 years. By
increasing the supply of alternative
fuels and making motor vehicles more
energy efficient, this effort will serve
to establish rules giving effect to the
President's proposal.
Statement of Need:
On May 14, 2007 President Bush signed
an Executive Order requiring Federal
agencies to take the first steps toward
regulations to control greenhouse gas
emissions (CHG) from motor vehicles
and their fuels. The President also
directed agencies to take steps to cut
gasoline consumption and GHG from
motor vehicles using his "Twenty in
Ten" plan as a starting point. This plan
would achieve reductions in U.S.
gasoline consumption of up to 20
percent over the next 10 years. Up to
a fifteen-percent reduction in
petroleum-based consumption would
come through the use of renewable and
alternative fuels, and up to a five-
percent reduction would come from
increased fuel efficiency for cars and
trucks. The President directed EPA,
DOT, DOE, and USDA to complete this
process by the end of 2008. Based on
this directive, we have established a
schedule to issue a notice of proposed
rulemaking by the end of 2007 and a
final rule by the end of October 2008.
Summary of Legal Basis:
On April 2, 2007, the Supreme Court
ruled that the EPA must determine,
under Section 202(a) of the Clean Air
Act, whether greenhouse gas emissions
(GHG) from new motor vehicles cause
or contribute to air pollution that
endangers public health or welfare.
Based on that Supreme Court ruling,
GHG are air pollutants under the Clean
Air Act. EPA expects to address
whether GHG from new motor vehicles
meet the endangerment criteria in the
process of proposing regulations to
control GHG from new motor vehicles
and their fuels. EPA is following the
directions of the Presidential Executive
Order in proposing such standards.
The primary authority to regulate motor
vehicles to reduce their emissions falls
under Section 202(a) (1) of the Clean
Air Act. This provision requires that
the Administrator shall by regulation
prescribe standards applicable to the
emission of any air pollutant from any
class or classes of new motor vehicles
or motor vehicle engines which in his
judgment cause or contribute to air
pollution and which may reasonably be
anticipated to endanger public health
or welfare. A regulatory action depends
on an Administrator determination that
the GHG emissions from new motor
vehicles causes, or contributes to, air
pollution which may reasonably be
anticipated to endanger the public
health or welfare.
In setting fuel standards, two sections
of the Clean Air Act are being
considered. The primary authority for
regulating motor vehicle fuels and fuel
additives falls under Section 211(c)
where the Administrator may, on the
basis of information available to him,
by regulation, control or prohibit the
manufacture, introduction into
commerce, offering for sale, or sale of
any fuel or fuel additive for use in a
motor vehicle, motor vehicle engine, or
nonroad engine or nonroad vehicle
where a similar endangerment finding
is made. This section provides
authority to address all fuels and
additives, including renewable and
alternative fuels. Further, the Energy
Policy Act of 2005 (EPAct 2005, Public
Law 109-58) amended the Clean Air
Act by adding section Section 211(o)
which requires EPA to set minimum
volume standards for renewable fuel
use. EPAct 2005 established the
volumes of renewable fuel to be used
through 2012, and established a
minimum level to be used after that
date which EPA can adjust upward
based on consideration of certain
factors. EPA is considering an
integrated compliance approach that
will use both 211(c) and 211(o)
authorities for the fuel-related
provisions of the proposed GHG rule.
Alternatives:
EPA will seek comment on alternatives
to approaches being developed in the
proposed rulemaking.
Anticipated Costs and Benefits:
Cost and benefit information is being
developed as the rulemaking process
proceeds. Costs and benefit information
can not be determined until after
regulatory approaches have been
proposed. Preliminary cost and benefit
information will be provided when the
rule is officially proposed.
Risks:
The risks from emissions contributing
to GHG's and their impact on public
health and welfare are being evaluated
and will be discussed as the
endangerment finding process
proceeds.
Timetable:
Action
NPRM
Final Action
Date
12/00/07
10/00/08
FR Cite
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
None
Additional Information:
SAN No. 5164;
Agency Contact:
Paul Argyropoulos
Environmental Protection Agency
Air and Radiation
6401A
Washington, DC 20460
Phone: 202 564-1123
Email:
argyropoulos.paul@epamail.epa.gov
Robin Moran
Environmental Protection Agency
Air and Radiation
ASD
Washington, DC 20460
Phone: 734 214-4781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AO56
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69935
EPA
137. 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
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
2008 are expected to require similar
screening level testing for additional
unsponsored HPV Challenge Program
chemicals.
Statement of Need:
Prior to inception of the HPV Challenge
Program, in 1998, EPA found that, of
those non-polymeric organic substances
produced or imported in amounts equal
to or greater than 1 million pounds per
year based on 1990 reporting for EPA's
Inventory Update Rule (IUR), only 7
percent had a full set of publicly
available internationally recognized
basic health and environmental
fate/effects screening test data. Of the
over 2,800 HPV chemicals based on
1990 data, 43% had no publicly
available basic hazard data. For the
remaining chemicals, limited amounts
of the data were available. This lack
of available hazard data compromised
the ability of EPA and others to
determine whether these HPV
chemicals pose potential risks to
human health or the environment, as
well as the public's right-to-know about
the hazards of chemicals that are found
in their environment, their homes, their
workplaces, and the products that they
buy. On April 21, 1998, a national
initiative, known as the Chemical
Right-To-Know (ChemRTK) Initiative,
was announced by EPA. This Initiative
is designed to collect and, where
needed, develop the basic screening
level toxicity and fate data that are
necessary to provide the information
needed to assess the potential
hazards/risks that may be posed by
exposure to HPV chemicals. A primary
component of the ChemRTK Initiative
is the voluntary HPV Challenge
Program, which was created in
cooperation with industry,
environmental groups, and other
interested parties, and is designed to
assemble basic screening level test data
on the potential hazards and fate of
HPV chemicals. Since the inception of
the HPV Challenge Program in 1998,
industry chemical manufacturers and
importers have participated in the
Challenge Program by sponsoring 2,250
chemicals with sponsorship by more
that 350 companies and 100 consortia.
EPA is in the process of developing
hazard characterizations based on the
data received to date under the
Challenge Program. Data needs which
remain unmet in either the voluntary
HPV Challenge Program or through
complementary international efforts
(i.e., the OECD SIDS HPV Program and
the International Council of Chemical
Associations) may be addressed
through rulemaking under TSCA
section 4.
Summary of Legal Basis:
These test rules would be issued under
section 4(a)(l)(B) of TSCA. Section
2(b)(l) of TSCA states that it is the
policy of the United States that
"adequate data should be developed
with respect to the effect of chemical
substances and mixtures on health and
the environment and that the
development of such data should be the
responsibility of those who
manufacture [which is defined by
statute to include import] and those
who process such chemical substances
and mixtures!.]" To implement this
policy, TSCA section 4(a) mandates
that EPA require by rule that
manufacturers and processors of
chemical substances and mixtures
conduct testing if the Administrator
finds that: (l)(A)(i) the manufacture,
distribution in commerce, processing,
use, or disposal of a chemical substance
or mixture, or that any combination of
such activities, may present an
unreasonable risk of injury to health or
the environment, (ii) there are
insufficient data and experience upon
which the effects of such manufacture,
distribution in commerce, processing,
use, or disposal of such substance or
mixture or of any combination of such
activities on health or the environment
can reasonably be determined or
predicted, and (iii) testing of such
substance or mixture with respect to
such effects is necessary to develop
such data; or (B)(i) a chemical
substance or mixture is or will be
produced in substantial quantities, and
(I) it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or (II) there is or
may be significant or substantial human
exposure to such substance or mixture,
(ii) there are insufficient data and
experience upon which the effects of
the manufacture, distribution in
commerce, processing, use, or disposal
of such substance or mixture or of any
combination of such activities on
health or the environment can
reasonably be determined or predicted,
and (iii) testing of such substance or
mixture with respect to such effects is
necessary to develop such data.
Alternatives:
The strategy and overall approach that
EPA is using to address data collection
needs for U.S. HPV chemicals includes
a voluntary component (the HPV
Challenge Program), certain
international efforts, and these
rulemakings under TSCA. The issuance
of a rulemaking is often the Agency's
final mechanism for obtaining this
important information.
Anticipated Costs and Benefits:
The potential benefits of these test rules
are substantial. For those chemical
substances included in these rules, EPA
believes that there are insufficient data
to reasonably determine or predict their
effects on health or the environment.
EPA believes that the internationally
recognized basic health and
environmental fate/effects screening
testing that would be required in these
rules would provide critical
information needed to conduct
screening level characterizations of the
health and environmental hazards of
these substances. This information,
when combined with information about
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69936 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
exposure and uses, will allow the
Agency and others to evaluate the
potential health and environmental
risks of these substances and to take
appropriate follow up action. The cost
of the baseline screening testing
laboratory costs that would be imposed
is estimated to be about $300,000 per
chemical for a full set of tests. It is
unlikely, however, for a chemical to
need a full set of tests, which would
only occur if none of the data in
question already exists.
Risks:
Data collected and/or developed under
these test rules, when combined with
information about exposure and uses,
will allow the Agency and others to
evaluate and prioritize potential health
and environmental effects and take
appropriate follow up action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
Direct Final Action;
Revocation;
Coke-Oven Light
Oil (Coal)
NPRM2
12/26/00 65 FR 81658
03/16/06 71 FR 13709
12/08/06 71 FR 71058
03/00/08
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
EPA
138. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority:
Other Significant
Legal Authority:
7 USC 136 to 136y
CFR Citation:
40 CFR 158 and 161
Legal Deadline:
None
Abstract:
EPA will update and revise its
pesticide data requirements for
antimicrobial pesticide products. The
revisions will revise its existing 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.
Statement of Need:
The Agency is in the process of
updating its data requirements for
pesticides. Since the current data
requirements were first published in
1984, the information needed to
support the registration of a pesticide
has evolved along with the expanding
knowledge base of pesticide chemical
technology. Over the years, revisions
and updates to the data requirements
have been applied on a case-by-case
basis. In 2007, the Agency promulgated
data requirements for conventional, and
biochemical and microbial pesticide
chemicals. As part of this action, the
1984 data requirements were
transferred intact to part 161 to provide
continued regulatory coverage for
antimicrobial pesticides until the
Agency can promulgate a final
regulation. This rule will update and
revise the existing data requirements
for antimicrobial pesticide products.
These revisions build upon those
previously proposed for conventional
chemicals, but are tailored to the
specific data needs of antimicrobial
pesticides. The revisions will provide
stakeholders with greater transparency
and clarity to determine the data
needed for an antimicrobial pesticide
product without having extensive
consultations with the Agency, more
focused use patterns that reflect current
practice, and a more efficient
registration process. When the Agency
promulgates the revised data
requirements in part 158 subpart W, the
current data requirements in part 161
will be removed.
Summary of Legal Basis:
7 U.S.C. 136 to 136y
Alternatives:
The Agency is required by its various
statutory mandates to establish data
requirements that support its regulatory
decisions. The Agency re-evaluates
those data requirements in light of
scientific advances, analytical
improvements, and new technology, to
provide a sound scientific basis for
those decisions. On a case by case
basis, the Agency considers whether
alternative regulatory methods, such as
restrictions on use, would obviate the
need for data, and explores means of
introducing flexibility and clarity to
reduce burdens on the regulated
community. For this rule, EPA will
analyze keeping the current data
requirements as specified in part 161,
using the data requirements
promulgated for conventional
chemicals, and promulgating new data
requirements specifically for
antimicrobials.
Anticipated Costs and Benefits:
The Agency is conducting an economic
analysis to support the rule.
Anticipated benefits include less
uncertainty and clearer understanding
of the actual risk, increased clarity and
transparency to the regulated
community, improved scientific basis
for pesticide regulatory decisions, and
enhanced international harmonization
with less duplication of data. The
increased costs of the rule are estimated
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69937
as greater than $3 million /year for the
72 companies that hold registrations or
have applied for a registration for an
antimicrobial product.
Risks:
The revisions to the data requirements
to be proposed, like the existing
requirements in part 158, would require
an applicant for pesticide registration
to supply the Agency with information
on the pesticide: composition, toxicity,
potential human exposure,
environmental properties and .
ecological effects, and, in certain cases,
efficacy. This information is used to
assess the human health and
environmental risks associated with the
product. The data that will be required
by this regulation are the foundation
of EPA's risk assessment for
antimicrobial pesticides, and provide a
sound scientific basis for any licensing
decisions that impose requirements that
mitigate or reduce risks. Under FIFRA,
the applicant for registration must
demonstrate to the Agency's
satisfaction that the pesticide product
will not cause "unreasonable adverse
effects" to humans or to the
environment.
Timetable:
Action
Date
FR Cite
NPRM
07/00/08
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:
Kathryn Boyle
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@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
EPA
139. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority:
Other Significant
Legal Authority:
7 USC 136; 7 USC 1361; 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 to better protect pesticide
applicators and the public and the
environment from harm due to
pesticide exposure. Changes may
include having certain occupational
users of pesticides demonstrate
competency by meeting minimum
competency requirements. The need for
change arose from EPA discussions
with key stakeholders. EPA has been
in extensive discussions with
stakeholders since 1997 when the
Certification and Training Assessment
Group (CTAG) was established. CTAG
is a forum used by regulatory and
academic stakeholders to discuss the
current state of, and the need for
improvements in, the national certified
pesticide applicator program.
Throughout these extensive interactions
with stakeholders, EPA has learned of
the need for changes to the regulation.
Statement of Need:
The regulations governing the Federal
and State certification of pesticide
applicators, 40 CFR part 171, were
originally promulgated in 1974. Since
that time State certification programs
have gone beyond the Federal
regulations in a number of areas. The
need for change arose from EPA
discussions with key stakeholders. EPA
has been in extensive discussions with
stakeholders since 1997 when the
Certification and Training Assessment
Group (CTAG) was established. CTAG
is a forum used by regulatory and
academic stakeholders to discuss the
current state of, and the need for
improvements in, the national certified
pesticide applicator program.
Throughout these extensive interactions
with stakeholders, EPA has learned of
the need for changes to the regulation.
Stakeholders identified the need for a
minimum standard of competency for
all occupational users of pesticides as
well as the establishment of standards
for determination of applicator
competency and continued
competency.
Summary of Legal Basis:
7 U.S.C. 136w
Alternatives:
EPA is considering various alternatives
to regulation change based upon
stakeholder input. The Agency is in the
formative stages of this regulatory
effort, and alternatives have not yet
been fully identified and evaluated.
Anticipated Costs and Benefits:
EPA will develop an economic analysis
to support this rule.
Risks:
The proposed regulation would require
that certain occupational users of
pesticides meet minimum competency
standards and require additional
competency determinations of those
who use the most toxic pesticides in
a manner that could result in
significant exposure to the public.
These changes would strengthen the
regulations that protect pesticide
applicators and the public from
potential harm due to pesticide
exposure.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required:
Undetermined
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69938 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
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
Richard Pont
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-A120
EPA
140. 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 improve agricultural
workers' ability to 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 arid make
improvements to pesticide safety
training, with improved worker safety
the intended outcome. The need for
change arose from EPA discussions
with key stakeholders beginning in
1996 and continuing through 2004.
EPA held nine public meetings
throughout the country during which
the public submitted written and verbal
comments on issues of their concern.
In 2000 through 2004, EPA held
meetings where invited stakeholders
identified their issues and concerns
with the regulations.
Statement of Need:
The regulations governing the
protection of agricultural workers, 40
CFR part 170, were promulgated in
1992. Since that time, stakeholders
provided input on areas to improve the
regulation, particularly to better protect
agricultural field workers and handlers
from pesticide risks. 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. Stakeholders
identified the need for a minimum
standard of competency for all
occupational users of pesticides as well
as the establishment of standards for
determination of applicator competency
and continued competency.
Summary of Legal Basis:
7 U.S.C. 136w
Alternatives:
EPA is considering various alternatives
to regulation change based upon
stakeholder input. The Agency is in the
formative stages of this regulatory
effort, and alternatives have not been
fully identified and evaluated.
Anticipated Costs and Benefits:
EPA will develop an economic analysis
to support this rule.
Risks:
This proposal would reduce the risks
to agricultural workers from potential
exposure to pesticides and pesticide
exposure.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 5006
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
Richard Pont
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506P
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ22
EPA
141. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority:
Other Significant
Legal Authority:
7 USC 136a; 7 USC 136w
CFR Citation:
40 CFR 158 and 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
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
69939
is one in a series of proposals to update
and clarify pesticide data requirements.
Statement of Need:
There are currently no separate data
requirements for plant-incorporated
protectants (PIPs), a new type of
pesticide first registered in the mid-
1990s. Instead, the Agency has relied
on the microbial pesticide data
requirements tailored on a case-by-case
basis. The information needed to
support the registration of a PIP has
evolved along with the expanding
knowledge base of pesticide chemical
technology. When established, these
data requirements will reflect current
scientific knowledge and
understanding. Establishing these data
requirements will provide stakeholders
with greater transparency and clarity to
determine the data needed for PIP
pesticide product without having
extensive consultations with the
Agency and a more efficient registration
process. Further, establishing these data
requirements will improve the Agency's
ability to make regulatory decisions
about human health and environmental
effects of PIP pesticides to better
protect wildlife, the environment and
people.
Summary of Legal Basis:
The final rule will describe data and
information needed to support multiple
pesticide mandates under two statutes:
the registration, reregistration,
registration review, and experimental
use permit programs under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), and the tolerance-setting
and reassessment program under the
Federal Food, Drug and Cosmetic Act
(FFDCA). These programs are
authorized under FIFRA sections 3,4,
and 5 and FFDCA sec 408.
Alternatives:
The Agency is required by its various
statutory mandates to establish data
requirements that support its regulatory
decisions. On a case-by-case basis, the
Agency considers whether alternative
regulatory methods would obviate the
need for data and explores the means
of introducing flexibility and clarity to
reduce burdens on the regulated
community. For this rule, EPA will
analyze several scenarios including
establishing data requirements tailored
specifically to PIP pesticides, not
establishing any data requirements, and
remaining status quo with relying on
the microbial pesticide data
requirements tailored on a case-by-case
basis.
Anticipated Costs and Benefits:
The Agency is conducting an economic
analysis to support this rule.
Anticipated benefits include greater
certainty and clearer understanding of
the actual risk, increased clarity and
transparency to the regulated
community, improved scientific basis
for pesticide regulatory decisions, and
enhanced international harmonization
with less duplication of data. However,
since this rulemaking is currently
under Agency workgroup discussion,
the specific costs and benefits of the
action have not yet been determined.
The Agency expects this rule to result
in decreased illness and death resulting
from pesticide exposure.
Risks:
The proposed revisions to the data
requirements, like the existing
requirements in part 158, would require
an applicant for pesticide registration
to supply the Agency with information
on the pesticide: Composition, toxicity,
potential human exposure,
environmental properties, and
ecological effects. This information is
used to assess the human health and
environmental risks associated with the
product. The data that will be required
by this regulation form the foundation
of EPA's risk assessment for pesticides,
and provide a sound scientific basis for
any licensing decisions that impose
requirements that mitigate or reduce
risks, and that ensure that pesticide
resides in food meet the "reasonable
certainty of no harm" risk standard of
the Federal Food Drug and Cosmetic
Act (FFDCA).
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal
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
EPA
142. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE
Priority:
Economically Significant. Major under
5 USC 801.
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 address a variety of issues
associated with the July 2002 SPCC
final rule.
Statement of Need:
The proposed rule is necessary to
clarify the regulatory obligations of
SPCC facility owners and operators and
to reduce the regulatory burden where
appropriate.
Summary of Legal Basis:
33 USC 1321 et seq.
Alternatives:
EPA considered alternative options for
various aspects of this proposed rule,
following receipt of public comments,
and through logical outgrowth of
previously considered alternatives.
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69940
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
Alternative options included (1)
exempting asphalt cement containers
from the requirements of the SPCC rule;
(2) exempting farms of a certain storage
capacity, where the exact storage
capacity has not been specified; (3)
providing an exemption only for
residential heating oil containers
located at farms; (4) providing the same
relief as in the preferred option to
owners and operators of qualified
facilities with total oil storage
capacities of 5,000 gallons or less; (5)
giving the option wherein owners and
operators of new production facilities
would be allowed one year after the
start of operations to prepare and
implement an SPCC Plan; (6) allowing
the facilities to choose between a
flowline maintenance program with a
contingency plan (as in the proposed
amendments) and providing a method
of secondary containment for flowlines
and intra-facility gathering lines; (7)
regulatory alternatives for oil
production facilities that have wells
that produce 10 barrels or less of crude
oil per day and are known as "stripper
wells."
Anticipated Costs and Benefits:
At the 7 percent discount rate, the
proposed amendments to the SPCC rule
are expected to yield annualized cost
savings of approximately $7 million
from the proposed exemption of hot-
mix asphalt containers, $4 million from
the proposed changes for exempting
pesticide application equipment, $2
million from the proposed exemption
of residential heating oil containers,
$251 million from the proposed
amendments to the definition of
facility, $1 million from the proposed
clarification to the facility diagram
requirements, $48 million from the
proposed revision to the loading rack
definition, $24 million from the
streamlined requirements for Tier 1
qualified facilities, $7 million from the
proposed amendments to the security
requirements, $9 million from the
amendments to integrity testing
requirements, $2 million for owners
and operators of AFVO facilities, $25
million for owners and operators of
production facilities from the six-month
delay in SPCC Plan preparation and
implementation, and $8 million from
exemption of flow-through process
vessels from sized secondary
containment. Additional benefits of this
rule were not quantified because the
impact of the rule on human health and
environment are expected to be
marginal. The principal effect of the
proposed amendments would be lower
compliance costs for owners and
operators of certain types of facilities
and equipment.
Risks:
In the absence of quantitative
information on the change in risk
related to the specific proposed
amendments, EPA conducted a
qualitative assessment, which suggests
that the proposed amendments will not
lead to a significant increase in oil
discharge risk.
Timetable:
Action
Date
FR Cite
Notice Clarifying
Certain Issues
NPRM 1 yr
Compliance
Extension
Final 18 months
Compliance
Extension
NODA re certain
facilities
NODA re oil-filled
and process
equipment
NPRM
NPRM Comment
Period End
Final Action
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
10/15/07 72 FR 58377
12/14/07
10/00/08
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.
URL For More Information:
www.epa.gov/oilspill/spcc.htm
Agency Contact:
Hugo Fleischman
Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG16
EPA
143. 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 268
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.
Statement of Need:
The purpose of this proposed rule, as
described in the abstract, is to respond
to a rulemaking petition. EPA believes
that the petitioners have made suitably
credible arguments that the existing
requirements for treating and disposing
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69941
of certain refinery wastes may need
adjusting, thus this proposal. In
addition, regarding the recycling part of
this action (again, described in the
abstract above) EPA determined that
exploring ways to encourage the
recycling of these spent catalysts safely
has merit.
Summary of Legal Basis:
There is no court order requiring this
action.
Alternatives:
EPA decided that the alternative of not
proposing this rule was not the option
of choice. See Statement of Need.
Further evaluation of alternatives may
occur during the development of this
action; currently in the early stages of
development.
Anticipated Costs and Benefits:
No formal cost/benefit analysis has
been performed to date.
Risks:
This rule is responding to a petition
that alleges EPA's current rules do not
adequately address the risk to human
health and the environment associated
with the disposal of spent refinery
catalysts. EPA is currently trying to
better understand the risk issues. At
this time, this is undetermined.
Timetable:
Action
Date
FR Cite
Notice of Data
Availability
NPRM
10/20/03 68 FR 59935
06/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State
Additional Information:
SAN No. 5070; EPA publication
information: Notice of Data Availability
- http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
24/f29319.htm; ; EPA Docket
information: Legacy Docket No. RCRA-
2003-0023 for 10/20/03 NODA
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
EPA
144. • NPDES VESSEL VACATUR
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
Not Yet Determined
CFR Citation:
40 CFR 122.3
Legal Deadline:
None
Abstract:
This action is necessary because EPA
must address a District Court ruling
(currently on appeal to the U.S. Court
of Appeals for the 9th Circuit) which
vacates a regulatory exemption at 40
CFR 122.3(a). Northwest Environmental
Advocates v. U.S. Environmental
Protection Agency (ND CA, C 03-5760
SI). The regulation excludes discharges
incidental to the normal operation of
a vessel from NPDES permitting and
has existed, essentially unchanged,
since 1973. Unless overruled on appeal,
the Court's September 2006 ruling will
vacate the entire exclusion as of
September 30, 2008. As of September
30, 2008, discharges of pollutants
incidental to the normal operation of
a vessel that had formerly been
exempted from NPDES permitting by
the regulation will be subject to
prohibitions in CWA § 301 (a) against
the discharge of a pollutant without a
permit.
Statement of Need:
This action is necessary because EPA
needs to address a District Court ruling
(currently on appeal to the U.S. Court
of Appeals for the 9th Circuit) which
vacates a regulatory exemption at 40
CFR 122.3(a). Northwest Environmental
Advocates v. U.S. Environmental
Protection Agency (ND CA, C 03-5760
SI). The existing regulation excludes
discharges incidental to the normal
operation of a vessel from NPDES
permitting and has been on the books,
essentially unchanged, since 1973. The
Court's September 2006 ruling will
vacate the entire exclusion as of
September 30, 2008.
Summary of Legal Basis:
The legal basis is the Clean Water Act,
33 USC 1251 et seq.
Alternatives:
Unknown.
Anticipated Costs and Benefits:
Unknown.
Risks:
Unknown.
Timetable:
Action
Date
FR Cite
Proposal
Final
01/00/08
To Be Determined
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
SAN No. 5162;
Agency Contact:
Ruby Cooper
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0757
Fax: 202 564-9544
Email: cooper.ruby@epamail.epa.gov
John Lishman
Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202 566-1364
Email: lishman.john@epamail.epa.gov
RIN: 2040-AE93
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69942 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
EPA
FINAL RULE STAGE
145. 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.
Statement of Need:
The current New Source Review
program provides for emissions from
multiple projects to be aggregated
(aggregation) as one single project
under certain circumstances. Similarly,
when making a PSD applicability
calculation, emissions from units
whose effective capacity and potential
to emit have been increased as a result
of a modification to another unit
(debottlenecked units), must be
included in the initial PSD
applicability calculations. Specific
questions regarding the application of
these two terms have been addressed
on a caso-by-case basis. By completing
this rulemaking, regulated entities and
regulatory agencies will be provided an
additional level of certainty in
addressing applicability issues.
Summary of Legal Basis:
42 USC 7411(a)(4)
Alternatives:
Alternatives will be developed as the
rulemaking proceeds.
Anticipated Costs and Benefits:
We are not able to provide quantitative
estimates of the costs and benefits of
this rule because of our inability to
specifically identify the quantity, types,
and locations of sources that will
utilize this rulemaking in the future,
and the difficulty in specifically
quantifying the difference in
environmental outcomes that would
result with and without the rule.
Qualitatively, our analysis indicates
that we do not expect this rule to add
to the costs of the program, nor do we
expect that the environmental benefits
of the program would significantly
change as a result of this rulemaking.
Risks:
Risk information cannot be developed
for this rule for the same reasons
mentioned above regarding costs and
benefits.
Timetable:
Action
NPRM
Final Action
Date
FR Cite
09/14/06 71 FR 54235
06/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local
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
RTF, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
Lisa Button
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
EPA
146. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7522 to 7621
CFR Citation:
40 CFR 92; 40 CFR 94
Legal Deadline:
None
Abstract:
Locomotives and marine diesel engines
are important contributors to our
nation's air pollution today accounting
for about 20 percent of mobile source
nitrogen oxides (NOx) emissions and
about 25 percent of mobile source fine
diesel particulate matter (PM 2.5)
emissions. EPA is proposing a
comprehensive program to significantly
reduce emissions from locomotives and
marine diesel engines. It would apply
new exhaust emission standards and
idle reduction requirements to diesel
locomotives of all types—line-haul,
switch, and passenger. It would also set
new exhaust emission standards for all
types of marine diesel engines below
30 liters per cylinder displacement.
These include marine propulsion
engines used on vessels from
recreational and small fishing boats to
super-yachts, tugs and Great Lakes
freighters, and marine auxiliary engines
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
69943
ranging from small gensets to large
generators on ocean-going vessels. We
estimate PM reductions of 90 percent
and NOx reductions of 80 percent from
engines meeting these standards,
compared to engines meeting the
current standards. EPA has already
taken steps to bring emissions levels
from light-duty and heavy-duty
highway, and nonroad diesel vehicles
and engines to very low levels over the
next decade, while the emission levels
for locomotive and marine diesel
engines remain at much higher levels—
comparable to the emissions for
highway trucks in the early 1990s. The
additional PM2.5 and NOx emission
reductions resulting from the proposed
standards would assist states in
attaining and maintaining the Ozone
and the PM2.5 National Air Quality
Standards both near term and in the
decades to come. The proposed
program includes a set of near-term
emission standards for newly-built
engines. These would phase in starting
in 2009. The near-term program also
contains more stringent emissions
standards for existing locomotives.
These would apply when the
locomotive is remanufactured and
would take effect as soon as certified
remanufacture systems are available (as
early as 2008), but no later than 2010
(2013 for Tier 2 locomotives). We are
requesting comment on an alternative
under consideration that would apply
a similar remanufacture requirement to
existing marine diesel engines installed
in vessels currently in the fleet. We are
also proposing long-term emissions
standards for newly-built locomotives
and marine diesel engines based on the
application of high-efficiency catalytic
aftertreatment technology. These
standards would phase in beginning in
2015 for locomotives and 2014 for
marine diesel engines. Finally, are
proposing revised testing, certification,
and compliance provisions to better
ensure emissions control in use.
Entities potentially regulated by this
action are those which manufacture,
remanufacture and/or import
locomotives and/or locomotive engines;
and those which own and operate
locomotives. This proposed action
would also affect companies and
persons that manufacture, sell, or
import into the United States new
marine compression-ignition engines,
companies and persons that rebuild or
maintain these engines, companies and
persons that make vessels that use such
engines, and the owners/operators of
such vessels.
Statement of Need:
Locomotive and marine diesel engines
generate significant emissions of fine
particulate matter (PM2.5) and nitrogen
oxides (NOx) that contribute to
nonattainment of the National Ambient
Air Quality Standards for PM2.5 and
ozone. NOx is a key precursor to ozone
and secondary PM formation. These
engines also emit hazardous air
pollutants or air toxics, which are
associated with serious adverse health
effects. Emissions from locomotive and
marine diesel engines also cause harm
to public welfare, including
contributing to visibility impairment
and other harmful environmental
impacts across the US. (The health and
welfare impacts of these pollutants are
described elsewhere in this Regulatory
Agenda.) Emissions from locomotive
and marine diesel engines account for
substantial portions of the country's
ambient PM2.5 and NOx levels. Today
these engines account for about 20
percent of mobile source NOx
emissions and about 25 percent of
mobile source diesel PM 2.5 emissions.
Under the standards EPA has proposed,
by 2030 annual NOx emissions from
these diesel engines would be reduced
by 765,000 tons and PM2.5 emissions
by 28,000 tons, and those reductions
would continue to grow beyond 2030
as the fleet turnover to the clean
engines is completed. State and local
governments are working to protect the
health of their citizens and comply
with requirements of the Clean Air Act.
As part of this effort they recognize the
need to secure additional major
reductions in both diesel PM2.5 and
NOx emissions by undertaking
numerous state level actions, while also
seeking Agency action, including the
setting of stringent new locomotive and
marine diesel engine standards. The
emission reductions in this proposal
will play a critical part in state efforts
to attain and maintain the National Air
Quality Standards both near term and
through the next two decades.
Summary of Legal Basis:
Authority for the actions in this
proposed rule is granted to the
Environmental Protections Agency
(EPA) by sections 114, 203, 205, 206,
207, 208, 213, 216, and 301(a) of the
Clean Air Act as amended in 1990. EPA
is proposing emissions standards for
new marine diesel engines pursuant to
its authority under section 213(a)(3)
and (4) of the Clean Air Act (CAA) and
for new locomotives and new engines
used in locomotives pursuant to its
authority under section 213(a)(5) of the
CAA. CAA section 213{a)(3) directs the
Administrator to set NOx, VOCs, or
carbon monoxide standards for classes
or categories of engines that contribute
to ozone or carbon monoxide
concentrations in more than one
nonattainment area, such as marine
diesel engines. CAA section 213(a)(4),
authorizes the Administrator to
establish standards to control emissions
of pollutants which may reasonably be
anticipated to endanger public health
and welfare, where the Administrator
determines, as it has done for emissions
of PM, that nonroad engines as a whole
contribute significantly to such air
pollution. Finally, section 213(a)(5)
directs EPA to adopt emission
standards for new locomotives and new
engines used in locomotives that
achieve the greatest degree of emissions
reductions achievable through the use
of technology that the Administrator
determines will be available for such
vehicles and engines, taking into
account the cost of applying such
technology within the available time
period, the noise, energy, and safety
factors associated with the applications
of such technology.
Alternatives:
We have developed emission inventory
impacts, cost estimates and benefit
estimates for two types of alternatives.
The first type looks at the impacts of
varying the timing and scope of our
proposed standards. The second
considers a programmatic alternative
that would set emission standards for
existing marine diesel engines.
Alternative 1 examines the potential
impacts of the locomotive
remanufacturing program by excluding
it from the analysis. Alternative 2
considers the possibility of pulling
ahead the Tier 4 standards by one year
for both the locomotive and marine
programs, while leaving the rest of the
proposed program unchanged. This
alternative represents a more
environmentally protective set of
standards. However, our review of the
technical challenges to introduce the
Tier 4 program, especially considering
the locomotive remanufacturing
program and the Tier 3 standards
which go before it, leads us to conclude
that introducing Tier 4 a year earlier
is not feasible. Alternative 3 most
closely reflects the program we
described in our Advanced Notice of
Proposed Rulemaking, whereby we
would set new aftertreatment based
emission standards as soon as possible.
In this case, alternative 3 eliminates our
proposed Tier 3 standards and
locomotive remanufacturing standards,
while pulling the Tier 4 standards
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69944
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
ahead to 2013 (3 months after the
introduction of 15 ppm ULSD). As with
alternative 2, we are concerned that it
may not be feasible to introduce Tier
4 technologies on locomotive and
marine diesel engines earlier than the
proposal specifies. Alternative 4 would
eliminate the Tier 4 standards and
retain the Tier 3 and locomotive
remanufacturing requirements. This
alternative allows us to consider the
value of combining the Tier 3 and
locomotive remanufacturing standards
together as one program, and
conversely, allows us to see the
additional benefits gained when
combining them with the Tier 4
standards. This alternative falls well
short of the total benefits that our
comprehensive program is expected to
realize. Alternative 5 would establish
a two-part marine engines
remanufacturing program to reduce
emissions from marine diesel engines
above SOOhp installed on commercial
vessels. These engines remain in the
fleet in excess of 20 years and can
substantially contribute to air pollution.
In part one, beginning as early as 2008,
vessel owners and rebuilders (also
called remanufacturers) would be
required to use a certified kit when the
engine is rebuilt (or remanufactured) if
such a kit is available. In the second
part, which could begin in 2013, the
marine diesel engine identified by the
EPA as a high-sales volume engine
model would have to meet specified
emission requirements when the engine
is remanufactured. If no certified
system were available, companies
subject to these provisions would need
to either retrofit an emission reduction
technology for the engine that
demonstrates at least a 25 percent
reduction or repower (replace the
engine with a new one). The second
part of the program is contingent on
EPA developing a list of high volume
marine diesel engines for which a
remanufacture certificate must be
available by 2013. Finally, the second
step of the program could be made
subject to a technical review in 2011A
summary of the five alternatives is
contained in Tables VII-1 and VII-2 of
the proposed rule. Table VII-1 includes
the expected PM and NOx emission
reductions, associated with each
alternative through 2040 expressed as
a net present value (NPV) using
discounting rates of 3 percent and 7
percent. It also includes the estimated
costs for each alternative through 2040
expressed at 3 percent NPV and 7
percent NPV. Table VI-2 shows the PM
and NOx inventory reductions, costs,
and benefits of each alternative
estimated for the year 2030.
Anticipated Costs and Benefits:
The total monetized benefits of the
proposed standards, when based on
published scientific studies of the risk
of PM-related premature mortality,
these benefits are projected to be more
than $12 billion in 2030, assuming a
3 percent discount rate (or $11 billion
assuming a 7 percent discount rate).
Our estimate of total monetized benefits
based on the PM-related premature
mortality expert elicitation is between
$4.6 billion and $33 billion in 2030,
assuming a 3 percent discount rate (or
$4.3 and $30 billion assuming a 7
percent discount rate). The social costs
of the proposed program are estimated
to be approximately $600 million in
2030. The estimated 2030 social welfare
cost of 567.3 million is based on an
earlier version of the engineering costs
of the rule which estimated $568.3
million engineering costs in 2030 (see
table V-15). The current engineering
cost estimate for 2030 is $605 million.
See section V.C.5 for an explanation of
the difference. The estimated social
costs of the program will be updated
for the final rule. The impact of these
costs on society are estimated to be
minimal, with the prices of rail and
marine transportation services
estimated to increase by less about 0.4
percent for locomotive transportation
services and about 0.6 percent for
marine transportation services. Though
there are a number of health and
environmental effects associated with
the proposed standards that we are
unable to quantify or monetize, the
benefits of the proposed standards far
outweigh the projected costs.
Risks:
The emissions of PM and ozone
precursors from locomotive and marine
diesel engines are associated with
serious public health problems
including premature mortality,
aggravation of respiratory and
cardiovascular disease, aggravation of
existing asthma, acute respiratory
symptoms, chronic bronchitis, and
decreased lung function. In addition,
emissions from locomotives and marine
diesel engines are of particular concern,
as diesel exhaust has been classified by
EPA as a likely human carcinogen.
Many people spend a large portion of
time in or near areas of concentrated
locomotive or marine diesel emissions,
near rail yards, marine ports, railways,
and waterways. Recent studies show
that populations living near large diesel
emission sources such as major
roadways, rail yards and marine ports
are likely to experience greater diesel
exhaust exposure levels than the
overall US population, putting them at
a greater health risk. Scientific studies
show ambient PM is associated with a
series of adverse health effects. The
locomotive and marine diesel engines,
covered in this proposal contribute to
both short-and long-term PM2.5
exposures. Health effects associated
with short-term exposures (hours to
days) to ambient PM include premature
mortality, increased hospital
admissions, heart and lung diseases,
increased cough, adverse lower-
respiratory symptoms, decrements in
lung function and changes in heart rate
rhythm and other cardiac effects.
Studies examining populations exposed
to different levels of air pollution over
a number of years show associations
between long-term exposure to ambient
PM2.5 and both total and cardio
respiratory mortality. Locomotive and
marine diesel engines also result in
significant emissions of NOx and VOC
emissions which contribute to the
formation of ground-level ozone
pollution or smog. People in many
areas across the U.S. continue to be
exposed to unhealthy levels of ambient
ozone. The health and welfare effects
of ozone are well documented and are
assessed in EPA's 2006 ozone Air
Quality Criteria Document (ozone
AQCD) and EPA staff papers. Ozone
can irritate the respiratory system,
causing coughing, throat irritation,
and/or uncomfortable sensation in the
chest. Ozone can reduce lung function
and make it more difficult to breathe
deeply, and breathing may become
more rapid and shallow than normal,
thereby limiting a person's activity.
Ozone can also aggravate asthma,
leading to more asthma attacks that
require a doctor's attention and/or the
use of additional medication. People
who are more susceptible to effects
associated with exposure to ozone
include children, the elderly, and
individuals with respiratory disease
such as asthma, locomotive and marine
diesel engine emissions include diesel
exhaust (DE), a complex mixture
comprised of carbon dioxide, oxygen,
nitrogen, water vapor, carbon
monoxide, nitrogen compounds, sulfur
compounds and numerous low-
molecular-weight hydrocarbons. A
number of these gaseous hydrocarbon
components are individually known to
be toxic including aldehydes, benzene
and 1,3-butadiene. Locomotive and
marine diesel engine exhaust emissions
contribute to ambient levels of other air
toxics known or suspected as human
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69945
or animal carcinogens, or that have
non-cancer health effects. These other
compounds include benzene, 1,3-
butadiene, formaldehyde, acetaldehyde,
acrolein, polycyclic organic matter
(POM), and naphthalene. All of these
compounds, except acetaldehyde, were
identified as national or regional risk
drivers in the 1999 National-Scale Air
Toxics Assessment (NATA) and have
significant inventory contributions from
mobile sources. That is, for a significant
portion of the population, these
compounds pose a significant portion
of the total cancer and non-cancer risk
from breathing outdoor air toxics. The
reductions in locomotive and marine
diesel engine emissions proposed in
this rulemaking would help reduce
exposure to these harmful substances.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
06/29/04 69 FR 39276
04/03/07 72 FR 15938
03/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 4871;
Agency Contact:
Jean—Marie Revolt
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
EPA
147. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION
ENGINES AND EQUIPMENT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7521 to 7601(a)
CFR Citation:
40 CFR 90; 40 CFR 91
Legal Deadline:
NPRM, Statutory, December 1, 2004.
Final, Statutory, December 31, 2005.
Abstract:
We are setting emission standards for
new nonroad spark-ignition engines
that will substantially reduce emissions
from these engines. The proposed
exhaust emission standards would
apply starting in 2009 for new marine
spark-ignition engines, including first-
time EPA standards for sterndrive and
inboard engines. The proposed exhaust
emission standards would apply
starting in 2011 and 2012 for different
sizes of new land-based, spark-ignition
engines at or below 19 kilowatts (kW),
which is equivalent to about 25
horsepower. These small engines are
used primarily in lawn and garden
applications. We are also proposing to
adopt evaporative emission standards
for vessels and equipment using any of
these engines. Nationwide, these
emission sources contribute to ozone,
carbon monoxide (CO), and particulate
matter (PM) nonattainment.
We estimate that by 2030, this
proposed rule would result in
significantly reduced pollutant
emissions from regulated engine and
equipment sources, including estimated
annual nationwide reductions of
631,000 tons of volatile organic
hydrocarbon emissions, 98,200 tons of
NOx emissions, and 6,300 tons of direct
particulate matter (PM2.5) emissions.
These reductions correspond to
significant reductions in the formation
of ground-level ozone. We would also
expect to see annual reductions of
2,690,000 tons of carbon monoxide
emissions, with the greatest reductions
in areas where there have been
problems with individual exposures.
The requirements in this rule will
substantially benefit public health and
welfare and the environment. We
estimate that by 2030, the proposal's
emission reductions would annually
prevent 450 PM-related premature
deaths, approximately 500
hospitalizations, and 52,000 work days
lost. The total estimated annual benefits
of the proposed rule in 2030 would be
$3.4 billion. Estimated costs in 2030
would be many times less at $240
million.
Statement of Need:
Nationwide, emissions from Marine SI
engines and Small SI engines
contribute significantly to mobile
source air pollution. By 2020 without
this final rule these engines would
account for about 27 percent (1,352,000
tons) of mobile source volatile organic
hydrocarbon compounds (VOC)
emissions, 31 percent (16,374,000 tons)
of mobile source carbon monoxide (CO)
emissions, 4 percent (202,000 tons) of
mobile source oxides of nitrogen (NOx)
emissions, and 16 percent (39,000 tons)
of mobile source particulate matter
(PM2.5) emissions. The new standards
will reduce exposure to these emissions
and help avoid a range of adverse
health effects associated with ambient
ozone, CO, and PM levels. In addition,
the new standards will help reduce
acute exposure to CO, air toxics, and
PM for persons who operate or who
work with or are otherwise active in
close proximity to these engines. They
will also help address other
environmental problems associated
with Marine SI engines and Small SI
engines, such as visibility impairment
in our national parks and other
wilderness areas. These effects are
described in more detail in subsequent
sections of this Preamble.
Summary of Legal Basis:
Clean Air Act section 213(a)(l) directs
EPA to study emissions from nonroad
engines and vehicles to determine,
among other things, whether these
emissions "cause, or significantly
contribute to, air pollution which may
reasonably be anticipated to endanger
public health or welfare." Section
213(a)(2) further requires us to
determine whether emissions of CO,
VOC, and NOx from all nonroad
engines significantly contribute to
ozone or CO concentrations in more
than one nonattainment area. If we
determine that emissions from all
nonroad engines do contribute
significantly to these nonattainment
areas, section 213(a) (3) then requires
us to establish emission standards for
classes or categories of new nonroad
engines and vehicles that cause or
contribute to such pollution. Specific
statutory direction to set standards for
nonroad spark-ignition engines conies
from section 428(b) of the 2004
Consolidated Appropriations Act,
which requires EPA to adopt
regulations under the Clean Air Act
"that shall contain standards to reduce
emissions from new nonroad spark-
ignition engines smaller than 50
horsepower."
Alternatives:
For Small spark-ignition engines, we
considered what is achievable with
catalyst technology. Our technology
assessment work indicated that the
proposed emission standards are
feasible in the context of provisions for
establishing emission standards
prescribed in section 213 of the Clean
Air Act. We also considered what can
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Federal Register/ Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
be achieved with larger, more efficient
catalysts and improved fuel induction
systems. Based on this work we
evaluated more stringent HC+NOx
standards involving a 50 percent
reduction for Class I engines and a 65-
70 percent reduction for Class II
engines.
For Marine SI engines, we considered
a more stringent exhaust emission
standard for outboard and personal
watercraft engines. This second tier of
standards could apply starting in 2012
or later. Such a standard would be
consistent with currently certified
emission levels from a significant
number of four-stroke outboard engines.
We considered both more and less
stringent evaporative emission control
alternatives. For small equipment, we
considered a less stringent alternative
without running loss emission
standards. However, we believe that
controlling running loss and diffusion
emissions from non-handheld
equipment is feasible at a relatively low
cost. For a more stringent alternative,
we considered applying a diurnal
emission standard for all small
equipment. We believe that passively
purging carbon canisters could reduce
diurnal emissions by 50 to 60 percent
from small equipment. For marine
vessels, we considered a less stringent
alternative, where there would be no
diurnal emission standard for vessels
with installed fuel tanks. For a more
stringent scenario, we considered a
standard that would require boat
builders to use an actively purged
carbon canister. This means that, when
the engine is operating, it would draw
air through the canister to purge the
canister of stored hydrocarbons.
Anticipated Costs and Benefits:
The requirements in this proposed rule
would substantially benefit public
health and welfare and the
environment. We estimate that by 2030,
these proposed emission reductions
would annually prevent 450 PM-related
premature deaths, approximately 500
hospitalizations, and 52,000 work days
lost. The total estimated annual benefits
of this proposed rule in 2030 would
be about $3.4 billion. Estimated costs
in 2030 would be many times less at
$240 million.
Risks:
The health benefits associated with this
proposed rule are expressed in terms
of avoided premature mortalities and
other endpoints, and have been
estimated based on scaling of detailed
modeling results from EPA's Clean Air
Nonroad Diesel regulation.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/18/07 72 FR 28098
06/00/08
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
2000 Traverwood Dr.
Ann Arbor, MI 48105
Phone: 734 214-4408
Fax: 734 214-4816
Email: passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
EPA
148. 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). We (EPA) were
given the authority to set Yucca
Mountain-specific standards in the
Energy Policy Act of 1992 (EnPA). The
EnPA also requires NRC to adopt our
standards in its licensing regulations
and use them as a basis to judge
compliance of the repository's
performance. The Agency issued final
Yucca Mountain standards in 2001. In
July 2004, the DC Circuit Court
returned the standards to EPA for
reconsideration of the regulatory time
frame. The Court found that the 10,000-
year compliance period violates our
authorizing statute for Yucca Mountain
regulation because it is not "based
upon and consistent with" scientific
recommendations required from the
National Academy of Sciences under
the legislation. To address the Court's
opinion, we must reassess the time
frame in light of the National
Academy's recommendation that
compliance must be addressed at the
time of peak dose, which may be as
long as several hundred thousand years
into the future.
Statement of Need:
Congress selected Yucca Mountain as
the Nation's only candidate site for a
repository for nuclear spent fuel and
high-level radioactive waste. The
Energy Policy Act of 1992 requires EPA
to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Summary of Legal Basis:
The Energy Policy Act of 1992 requires
EPA to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Alternatives:
To address the Court's opinion, we
must reassess the time frame in light
of the National Academy's
recommendation that compliance must
be addressed at the time of peak dose,
which may be as long as several
hundred thousand years into the future.
Alternatives addressing that
recommendation will be developed as
the rulemaking proceeds.
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69947
Anticipated Costs and Benefits:
An economic impact assessment (EIA)
was performed for the proposed
rulemaking. The EIA showed that many
of the arguments and conclusions of the
EIA for the original standards in 2001
are applicable to the proposed rule,
which extends the compliance period
from 10,000 years to as long as 1
million years. Specifically, the need to
evaluate compliance with the
individual protection standard is the
same, the types of information needed
to make those evaluations are the same,
the performance assessment
methodologies are the same, and the
reasonable expectation approach to
establishing the basis for the
evaluations and compliance decisions
is the same. Consequently, the
proposed changes to the standards do
not require additional efforts in site
characterization, design, or assessment
methodology development. Because
DOE is not expected to make changes,
undertake significant site
characterization, or drastically revise its
performance approach or models as a
result of EPA's revisions to the 2001
rulemaking, there are no costs directly
attributable to EPA's rulemaking.
Risks:
As a result of the standards extending
to as long as an unprecedented 1
million years, approaches for
characterizing and expressing the risk
are under consideration, and will be
addressed in the final rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/22/05
01/00/08
70 FR 49014
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: 202 343-2065
Email: clark.ray@epamail.epa.gov
Raymond Lee
Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 343-9463
Fax: 202 343-2503
Email: lee.raymond@epa.gov
RIN: 2060-AN15
EPA
149. 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:
NPRM, Judicial, June 20, 2007, Consent
decree.
Final, Judicial, March 12, 2008,
Consent decree.
Abstract:
The Clean Air Act Amendments of
1977 require EPA to review and, if
necessary, revise national ambient air
quality standards (NAAQS)
periodically. On July 18, 1997, the EPA
published a final rule revising the
NAAQS for ozone. The primary and
secondary NAAQS were strengthened
to provide increased protection against
both health and environmental effects
of ozone. The EPA's work
plan/schedule for the next review of
the ozone Criteria Document was
published on November 2002. The first
external review draft Criteria
Document, a rigorous assessment of
relevant scientific information, was
released on January 31, 2005. The
EPA's Office of Air Quality Planning
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 was reviewed by CASAC
and the public, changes were
incorporated, and the final Criteria
Document was released on March 21,
2006. The Staff Paper was released on
January 31, 2007. As the ozone NAAQS
review is completed, the
Administrator's proposal to reaffirm or
revise the ozone NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for ozone are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for ozone are -whether to
reaffirm or revise the existing
standards.
Anticipated Costs and Benefits:
A regulatory impact analysis (RIA) has
been prepared that presents the costs
and benefits associated with the
proposed revised ozone standards and
two other alternative standards This
RIA was issued in late July, and the
document is available at
http://www.epa.gov/ttn/ecas/ria.html.
Risks:
The current national ambient air
quality standards for ozone are
intended to protect against public
health risks associated with morbidity
and/or premature mortality and public
welfare risks associated with adverse
vegetation and ecosystem effects.
During the course of this review, risk
assessments will be conducted to
evaluate health and welfare risks
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69948
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
associated with retention or revision of
the ozone standards.
Timetable:
Action
Notice
NPRM
Final Action
Date FR Cite
12/29/05 70 FR 771 55
07/11/07 72 FR 3781 8
03/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 5008; EPA publication
information: Notice -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
29/a24608.pdf;
Agency Contact:
Dave McKee
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN24
EPA
150. PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: EMISSION INCREASES FOR
ELECTRIC GENERATING UNITS
Priority:
Other Significant
Legal Authority:
Clean Air Act, title I, parts C and D
and Section lll(a)(4)
CFR Citation:
40 CFR 51; 40 CFR 52
Legal Deadline:
None
Abstract:
This rulemaking would revise the
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). The
existing emissions test compares actual
emissions to either potential emissions
or projected actual emissions. Under
this mlemaking'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 test will be
based either on maximum achieved or
maximum achievable hourly emissions,
measured on an input or an output
basis. One proposed option provides
that the maximum hourly emissions
increase test would be followed by the
annual emissions increase test in the
current rules.
Statement of Need:
Utilization of this rulemaking's
alternative NSR applicability test for
existing EGUs would encourage
increased utilization at the more
efficient units by displacing energy
production at less efficient ones.
Summary of Legal Basis:
Parts C and D of title I of the Clean
Air Act; CAA section lll(a)(4)
Alternatives:
The proposed basis for the applicability
test is a comparison of maximum
hourly emissions, which will enhance
the implementation and environmental
benefits for existing EGUs.
Anticipated Costs and Benefits:
We are not able to provide quantitative
estimates of the costs and benefits of
this rule because of the difficulty in
identifying the quantity and locations
of sources that will utilize this
rulemaking in the future, and the
difficulty in specifically quantifying the
difference in environmental outcomes
that would result with and without the
rule. Qualitatively, our analysis
indicates that we anticipate a reduction
in recordkeeping and reporting—and
therefore a decrease in cost—and we
expect that the environmental benefits
of the program would not significantly
change and may improve as a result
of the positive impact on the safety,
reliability, and efficiency of EGUs as
a result of this rulemaking.
Risks:
Risk information will be developed as
appropriate as the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 05/08/07 72 FR 26202
Final Action 08/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4794.2; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-20/a20983.htm
Split from RIN 2060-AM95.
URL For More Information:
www.epa.gov/nsr
Agency Contact:
Lisa Sutton
Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Dave Svendsgaard
Environmental Protection Agency
Air and Radiation
C504-03
RTF, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AN28
EPA
151. 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
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69949
Legal Deadline:
None
Abstract:
This rulemaking action is the final rule
which lays out the provisions and
requirements for implementation of the
NSR program for particulate matter less
than 2.5 microns in diameter (PM2.5).
This rule would apply to new and
modified major stationary sources of
PM2.5. 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, included
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 inter pollutant trading
of offsets and finally the transition
provisions.
Statement of Need:
This rule is needed to promulgate the
federal requirements for implementing
a PM2.5 NSR program States and local
agencies have until April 5, 2008 in
preparing State implementation plans
(SIPs) designed to address the NSR
requirements for PM2.5.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq.
Alternatives:
Alternatives will be explored as the
final rule is developed.
Anticipated Costs and Benefits:
We are not able to provide quantitative
estimates of the costs and benefits of
this rule because of our inability to
specifically identify the quantity, types,
and locations of sources that will be
subject to this rulemaking in the future,
and the difficulty in specifically
quantifying the difference in
environmental outcomes that would
result with and without the rule.
Qualitatively, our analysis indicates
that we do not expect this rule to add
to the costs of the program, nor do we
expect that the benefits of the program
will significantly change.
Risks:
Since the risks of PM2.5 emissions
exposure have been addressed in the
PM2.5 NAAQS rule, we do not
anticipate any additional risk reduction
as a result of implementing this rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/01/05 70 FR 65984
11/00/07
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
RTF, NC 27709
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
Dan Doroeck
Environmental Protection Agency
Air and Radiation
C339-03
RTF, NC 27709
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AN86
EPA
152. LEAD-BASED PAINT;
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 "TSCA section 402"; 15
USC 2684 "TSCA section 404"
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
NPRM, Statutory, December 30, 2005,
Administration deadline.
Abstract:
In 2008, EPA will continue its work
towards the Administration goal of
eliminating childhood lead poisoning
as a national health concern by 2010
by implementing a comprehensive
program to address lead-based paint
hazards associated with renovation,
repair and painting activities. The
program will be comprised of a
combination of approaches including
regulations, and an extensive education
and outreach campaign that will
include elements specifically designed
for industry and consumers. Industry
outreach will include dissemination of
information regarding the regulation,
lead-safe work practices, and training
opportunities. Consumer outreach will
be designed to expand consumer
awareness, and create demand for the
use of lead-safe work practices. EPA
plans to finalize and begin
implementation of the Renovation,
Repair and Painting Program
regulations in 2008. EPA proposed
these regulations on January 10, 2006
and amended that proposal on June 5,
2007 to include child occupied
facilities within the scope of the rule.
The regulation should minimize the
introduction of lead hazards resulting
from the disturbance of lead-based
paint during renovation, repair, and
painting activities. The regulations
would require contractors conducting
renovation, repair and painting
activities in most target housing and
child occupied facilities to be trained,
certified, and to follow work practice
standards designed to minimize the
creation of lead hazards.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood (Center for Disease Control's
level of concern). Although there have
been dramatic declines in blood-lead
levels due to reductions of lead in
paint, gasoline, and food sources,
remaining paint in older houses
continues to be a significant source of
childhood lead poisoning. These rules
will help insure that individuals and
firms conducting renovation, repairs
and painting activities will do so in a
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69950 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
way that safeguards the environment
and protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
This regulation is mandated by TSCA
section 402(c). TSCA Section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of the extent to
which persons engaged in various types
of renovation and remodeling activities
are exposed to lead in the conduct of
such activities or disturb lead and
create a lead-based paint hazard on a
regular basis. Section 402(c) further
directs the Agency to revise the lead-
based paint activities regulations (40
CFR part 745 subpart L) to apply to
renovation, remodeling or painting
activities that create lead-based paint
hazards.
Alternatives:
EPA is considering alternatives
including on the job training for
renovation workers, the use of test kits
to determine the presence of lead paint,
and the use of a cleaning verification
protocol to determine if a job site is
sufficiently clean. TSCA Section 402(c)
states that should the Administrator
determine that any category of
contractors engaged in renovation or
remodeling does not require
certification; the Administrator may
publish an explanation of the basis for
that determination.
Anticipated Costs and Benefits:
EPA's economic analysis provides
quantitative cost estimates for the
training, certification, and work
practices required by the rule. The
economic analysis provides quantitative
benefits estimates for avoided incidence
of IQ loss due to reduced lead
exposures to children under the age of
6, and a qualitative discussion of other
avoided adverse health effects in
children and adults. The economic
analysis of the final rule will
incorporate new information
characterizing lead levels in dust and
soil after renovation, repair, and
painting activities, and a new modeling
approach to estimate the resultant
blood lead and IQ loss in children
under the age of 6.
Risks:
This rule is aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children. The
Agency has concluded that many R&R
work activities can produce or release
large quantities of lead. These activities
include, but are not limited to: sanding,
cutting, window replacement, and
demolition. Lead exposure to R&R
workers appears to be less of a problem
than to building occupants (especially
young children). Some workers (and
homeowners) are occasionally exposed
to high levels of lead. Any work
activity that produces dust and debris
may create a lead exposure problem.
Timetable:
Action
Date FR Cite
NPRM 01/10/06 71 FR 1588
Notice of Availability; 03/02/06 71 FR 10628
Supplemental
Economic Analysis
Notice of Availability; 03/08/06 71 FR 11570
Draft Pamphlet
Request for 03/16/06 71 FR 13561
Comment; Lead
Paint Test Kit
Development
NPRM: Extension of 04/06/06 71 FR 17409
Comment Period
Notice of Availability; 03/16/07 72 FR 12582
Study Results
Supplemental NPRM 06/05/07 72 FR 31022
Final Action 03/00/08
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:
http://www.opa.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
EPA
153. 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 6901; 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 he
consistent with other comparable
existing exclusions in the petroleum
refining industry.
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69951
Statement of Need:
We are undertaking the rulemaking to:
(1) Prevent unnecessary confusion
regarding the status of recycling of oil-
bearing hazardous secondary material
from the petroleum industry in a
gasification system; (2) promote the use
of a technologically advanced method
of extracting hydrocarbons from
secondary materials; and (3) remove
regulatory restrictions that may limit
the petroleum refining industry's ability
to maximize the production of fuels
and materials commodities from
petroleum refining while minimizing
the generation of waste.
Summary of Legal Basis:
No aspect of this action is required by
statute or court order.
Alternatives:
Based on comments and additional
analysis, we are looking into whether
a separate exclusion is unnecessary and
overly prescriptive and whether our
original strategy of amending the
existing regulatory language found at 40
CFR 261.4(a)(12) should be done.
Anticipated Costs and Benefits:
We estimate the rule will yield between
$46.4 million and 48.7 million in net
social benefits per year. Avoided waste
management costs make up the most
significant share of the benefits
followed by feedstock savings.
Commercial facilities that manage
refinery wastes may experience annual
revenue losses of $10.8 million to $15.1
million under the final rule.
notice that contained the following
RIN: 2050-AD88.; EPA Docket
information: F-2002-RPRP-
Sectors Affected:
32411 Petroleum Refineries
URL For More Information:
http://www. epa.gov/epaoswer/
hazwaste/gas-fs.pdf
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
Rick Brandes
Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov
RIN: 2050-AE78
EPA
154. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Priority:
Other Significant
Legal Authority:
RCRA 4004
Risks:
N/A
Timetable:
Action
CFR Citation:
40 CFR 261.38
Legal Deadline:
Date FR Cite None
NPRM
Notice: Extension of
Comment Period
Final Action
03/25/02 67 FR 13684
06/11/02 67 FR 39927
02/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State
Additional Information:
SAN No. 4411; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2002/March/Day-25/f7097.htm;
This is an extension of a previous
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. As part of this
investigation, EPA has proposed to
expand the existing comparable fuel
exclusion and is seeking comment on
that proposal.
Statement of Need:
EPA has proposed to expand the
comparable fuel exclusion under
section 261.38 of the rules
implementing subtitle C of the
Resource Conservation and Recovery
Act (RCRA) for fuels that are produced
from hazardous waste but which
generate emissions that are comparable
to emissions from burning fuel oil
when such fuels are burned in an
industrial boiler. Such excluded fuel
would be called emission-comparable
fuel (ECF). ECF would be subject to the
same specifications that currently apply
to comparable fuels, except that the
specifications for certain hydrocarbons
and oxygenates would not apply. The
ECF exclusion would be conditioned
on requirements including: design and
operating conditions for the ECF boiler
to ensure that the ECF is burned under
the good combustion conditions typical
for oil-fired industrial boilers; and
conditions for tanks storing ECF which
conditions are typical of those for
storage of commercial fuels, and are
tailored for the hazards that ECF may
pose. This rule, if finalized, is intended
to save energy by reducing the amount
of hazardous waste that would be
otherwise treated and disposed, and
also to promote energy production from
a domestic, renewable source and
reduce our use of fossil fuels.
Summary of Legal Basis:
This action is discretionary on the
Agency's part.
Alternatives:
To make significant changes to the
existing comparable fuels standard,
EPA must modify the existing
regulations. EPA has proposed
modified regulations and is seeking
comment on those potential regulatory
modifications.
Anticipated Costs and Benefits:
This rule, as proposed, is projected to
result in a benefit to society in the form
of net cost savings to the private sector,
on a nationwide basis, thereby allowing
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69952
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
for the more efficient use of limited
resources elsewhere in the market. This
is accomplished without compromising
protection of human health and the
environment by ensuring comparable
emissions from the burning of high Btu
value waste. The total net social
benefits projected as a result of this
rule, as proposed, are estimated at
approximately $23 million per year.
Avoided management and fuel costs
represent the vast majority of all
benefits (cost savings). Transportation,
boiler retrofits, and analytical costs
represent the majority of the costs. This
estimate assumes all States adopt the
rule, and incorporates all cost savings
to affected generators, less all
associated costs. Nearly 183,000 tons
(U.S.) of waste are expected to initially
qualify for the exclusion with
approximately 107,000 tons/year
actually excluded. Of this total, we
estimate that approximately 34,000 tons
are not currently burned for energy
recovery.
Risks:
The exclusion for emission-comparable
fuel (ECF) would be based on the
rationale that ECF has fuel value, that
the hydrocarbon and oxygenate
constituents no longer subject to a
specification themselves have fuel
value, and that emissions from burning
ECF in an industrial boiler operating
under good combustion conditions are
likely not to differ from emissions from
burning fossil fuels under those same
conditions. Emissions from burning
ECF in an industrial boiler operating
under good combustion conditions
would be comparable to emissions from
burning fuel oil in an industrial boiler
operating under the same good
combustion conditions because
operating a boiler under good
combustion conditions, evidenced by
carbon monoxide (CO) emissions below
100 ppmv (on an hourly rolling
average), assures the destruction of
organic compounds generally to trace
levels, irrespective of the type or
concentration of the organic compound
in the feed. Given that ECF (including
the hydrocarbon and oxygenate portion)
would have legitimate energy value and
that emissions from burning ECF are
comparable to fuel oil when burned in
an industrial boiler under the good
combustion conditions typical of such
boilers, classifying such material as a
fuel product and not as a waste
promotes RCRA's resource recovery
goals without creating a risk from
burning greater than those posed by
fossil fuel. Under these circumstances,
EPA can permissibly classify ECF as a
non-waste.
Timetable:
Action
Date
FR Cite
NPRM 06/15/07 72 FR 33284
Notice: Extension of 07/19/07 72 FR 39587
Comment Period
Final Action 11/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4977; ; EPA Docket
information: EPA-HQ-RCRA-2005-0017;
http://www.regulations.gov
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/combust/compfuels/
exclusion.htm
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
Shiva Garg
Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703 308-8459
Fax: 703 308-8433
Email: garg.shiva@epa.gov
RIN: 2050-AG24
EPA
155. DEFINITION OF SOLID WASTES
REVISIONS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 6903 "RCRA Section 1004"
CFR Citation:
40 CFR 261.2
Legal Deadline:
None
Abstract:
On October 28, 2003 (68 FR 61558),
EPA proposed revisions to the
definition of solid waste for hazardous
secondary materials being reclaimed in
a continuous process in the generating
industry in an effort to increase the
recycling of such materials. The Agency
also took comment on a broader
proposal to exclude hazardous
secondary materials from being a solid
waste under RCRA Subtitle C. This
proposal was in part prompted by
various court decisions about the extent
of RCRA jurisdiction over hazardous
secondary materials being recycled. In
the same notice, the Agency also
proposed criteria for determining
whether or not hazardous secondary
materials are recycled legitimately; the
legitimacy criteria would apply to both
those hazardous secondary materials
that were excluded, as well as those
that would remain subject to regulation
under Subtitle C of RCRA. EPA
received numerous comments on the
proposal. In addition, EPA has
conducted studies of recycling practices
and the circumstances under which
recycling of hazardous secondary
materials are reclaimed in an
environmentally .sound manner, as well
as when such reclamation has caused
environmental problems. Based on the
comments received and the new
information being made available for
public comment, the Agency issued a
supplemental proposal on March 26,
2007 (72 FR 14172) to exclude from
being a solid waste certain hazardous
secondary materials that are reclaimed.
We also took comment on revisions
being considered to the legitimacy
criteria, as well as on a variance
process regarding hazardous secondary
materials that are recycled.
Statement of Need;
EPA is revising the definition of solid
waste to increase recycling.
Summary of Legal Basis:
Association of Battery Recyclers v.
EPA, 203 F. 2d 1047 (D.C. Cir. 2000);
American Mining Congress v. EPA, 824
F. 2d 1177 (D.C. Cir. 1987) and other
Alternatives:
We have solicited comment in the
proposal on several alternative
regulatory options, including a broad
exclusion for legitimately recycled
materials, and are evaluating public
comments on all available options.
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Federal Register/ Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan 69953
Anticipated Costs and Benefits:
If the exclusions are promulgated as
proposed and are adopted by all states,
EPA expects this action to result in a
net effect of $107 million in average
annual cost savings to about 4600
facilities in 530 industries, and is
expected to remove from RCRA
regulation 0.65 million tons per year
of hazardous secondary materials
currently managed as RCRA hazardous
waste, and 0.06 million tons (9%) of
hazardous waste that is currently
disposed (i.e., landfilled or
incinerated), which EPA expects may
switch to recycling as a result of this
rule. The breakdown of net cost savings
per exclusion is $87 million per year
for materials recycled onsite, by the
same company, or through a tolling
arrangement, $19 million per year for
intercompany offsite recycling, and one
million per year for case-by-case non-
waste determinations. These estimates
are within the uncertainty range of $93
million to $205 million in annual
materials management cost savings, and
0.33 to 1.70 million tons per year in
affected hazardous secondary materials,
respectively, for the net effect of the
proposed regulatory exclusions.
Risks:
EPA has conducted three new studies
that address the following risk-related
questions: (1) How do recyclers ensure
that industrial recycling is done in an
environmentally safe manner?; (2) to
what extent has industrial recycling
resulted in past environmental
problems?; and (3) are there certain
economic forces that can explain
environmental problems resulting from
such recycling? EPA used these studies
in developing our 2007 proposal.
Timetable:
Action
Date FR Cite
NPRM 10/28/03 68 FR 61558
Supplemental NPRM 03/26/07 72 FR 14172
Final Action 07/00/08
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.
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/dsw/index.htm
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
EPA
156. NPDES PERMIT REQUIREMENTS
FOR PEAK WET WEATHER
DISCHARGES FROM PUBLICLY
OWNED TREATMENT WORK
TREATMENT PLANTS SERVING
SANITARY SEWER COLLECTION
SYSTEMS POLICY
Priority:
Other Significant
Legal Authority:
33 USC 1311; 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
finalize the policy as proposed in
November 2003. On December 22,
2005, EPA requested public comment
on an alternative Peak Flows Policy
that is significantly different than the
2003 draft policy.
Statement of Need:
Regulatory agencies, municipal
operators of wastewater facilities, and
representatives of environmental
advocacy groups have expressed
uncertainty about the appropriate
regulatory interpretation for peak wet
weather diversions at publicly owned
treatment works (POTW) treatment
plants serving separate sanitary sewer
collection systems. This policy is
needed to clarify NPDES permit
requirements for such wet weather
diversions and to ensure a
comprehensive regulatory approach
reduces peak wet diversions.
Summary of Legal Basis:
33 USC 1251 et seq.
Alternatives:
On November 7, 2003, EPA requested
public comment on a proposed policy
which would have provided an
alternative regulatory interpretation.
Under the proposed interpretation in
the November 7, 2003 proposed policy,
a wet weather diversion around
biological treatment units that was
blended with the wastewaters from the
biological units prior to discharge
would not have been considered to
constitute a prohibited bypass if the six
criteria specified in the November 7,
2003 proposed policy were met. EPA
received significant public comment on
the proposed policy, including over
98,000 comments opposing the policy
due to concerns about human health
risks. On May 19, 2005, EPA indicated
that after consideration of the
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69954 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
comments, the Agency had no intention
of finalizing the 2003 proposal. On July
26, 2005, Congress enacted the FY 2006
Department of the Interior,
Environment, and Related Agencies
Appropriations Act (Pub. L. 109-54).
Section 203 of the Appropriations Act
provides that none of the funds made
available in the Act could be used to
finalize, issue, implement or enforce
the November 7, 2003 proposed
blending policy. On December 22,
2005, EPA requested public comment
on an alternative Peak Flows Policy
that is significantly different than the
2003 draft policy."
Anticipated Costs and Benefits:
The costs and benefits associated with
this policy have not been evaluated.
Risks:
The collection and treatment of
municipal sewage and wastewater is
vital to public health. During
significant rain events, high volumes of
water entering a sewage collection
system can overwhelm the collection
system or treatment plant. Operators of
wastewater treatment plants must
manage these high flows to both ensure
the continued operation of the
treatment process and to prevent
backups and overflows of raw
wastewater in basements or city streets.
The proposed policy seeks to reduce
public health risks by encouraging
municipalities to make investments in
ongoing maintenance and capital
improvements to improve their
system's long-term performance.
Timetable:
Action
Date
FR Cite
1st Draft Policy
2nd Draft Policy
Final Policy
11/07/03
12/22/05
03/00/08
68 FR 63042
70 FR 76013
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
EPA
157. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority:
Other Significant
Legal Authority:
CWA 301, 304, 306, 307, 308, 402, 501
CFR Citation:
40 CFR Part 122; 40 CFR Part 412
Legal Deadline:
None
Abstract:
This rulemaking is in response to the
Second Circuit's February 28, 2005,
decision in Waterkeeper Alliance vs.
EPA, which vacated provisions in the
Concentrated Animal Feeding
Operations (CAFO) rule found at 40
CFR 412. Two vacatures from the case
affect the 1) duty that all CAFOs need
to apply for an NPDES permit, and 2)
provisions that nutrient management
plans (NMPs) need only be kept on-
site. This rule would remove the duty
to apply for all CAFOs and replace it
with a requirement for CAFOs to apply
for a permit if they discharge or
propose to. The rule also would
establish a process to address the
court's concerns that the information
within NMPs be available for public
comment, reviewed by the permit
authority, and incorporated into the
permit. It is EPA's intention to make
only those changes necessary to address
the issues raised by the court.
Statement of Need:
EPA is revising the National Pollutant
Discharge Elimination System (NPDES)
permitting requirements and Effluent
Limitations Guidelines and Standards
(ELGs) for concentrated animal feeding
operations (CAFOs) in response to the
decision issued by the Second Circuit
Court of Appeals in Waterkeeper
Alliance v. EPA, 399 F.3d 486 (2nd Cir.
2005), which vacated certain aspects of
the 2003 CAFO rule and remanded
other aspects for clarification. This rule
responds to the court's decision while
furthering the statutory goal of restoring
and maintaining the nation's water
quality and effectively ensuring that
CAFOs properly manage manure
generated by their operations.
Summary of Legal Basis:
Congress passed the Federal Water
Pollution Control Act (1972), also
known as the Clean Water Act (CWA),
to "restore and maintain the chemical,
physical, and biological integrity of the
nation's waters" (33 U.S.C. 1251(a)).
Among the core provisions, the CWA
establishes the NPDES permit program
to authorize and regulate the discharge
of pollutants from point sources to
waters of the U.S. 33 U.S.C. 1342.
Section 502(14) of the CWA specifically
includes CAFOs in the definition of the
term "point source." Section 502(12)
defines the term "discharge of a
pollutant" to mean "any addition of
any pollutant to navigable waters from
any point source" (emphasis added).
EPA has issued comprehensive
regulations that implement the NPDES
program at 40 CFR Part 122. The Act
also provides for the development of
technology-based and water quality-
based effluent limitations that are
imposed through NPDES permits to
control the discharge of pollutants from
point sources. CWA sections 301 (a) and
(b).
Alternatives:
Because this rulemaking is in response
to the decision issued by the Second
Circuit Court of Appeals in
Waterkeeper Alliance v. EPA vacating
or remanding certain aspects of the
2003 CAFO rule, there are no non-
regulatory options that would satisfy
the requirements of the court.
Anticipated Costs and Benefits:
Since there is no change in technical
requirements, changes in impacts on
respondents are estimated to result
exclusively from changes in the
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
69955
information collection burden. EPA
estimates that CAFOs will experience
a net reduction in administrative
burden of approximately $15.4 million
due to the court decision. At the same
time, however, permitting authorities
would have to bear a net $0.5 million
annual increase in administrative
burden. In total, the administrative
burden under the proposed rule is
projected to decline to a total of
approximately $64 million annually for
both regulated facilities and permit
authorities, which constitutes a
reduction of more than $14.9 million
compared to the 2003 CAFO rule.
Risks:
None
Timetable:
Action
NPRM
Final Action
Date
06/30/06
01/00/08
FR Cite
71 FR37744
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
Rebecca Roose
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-0758
Email: roose.rebecca@epamail.epa.gov
RIN: 2040-AE80
EPA
158. WATER TRANSFERS RULE
Priority:
Other Significant
Legal Authority:
33 USC 1251 et seq.
CFR Citation:
40 CFR 122.3
Legal Deadline:
None
Abstract:
This rulemaking addresses the question
of whether the National Pollutant
Discharge Elimination System (NPDES]
permitting program under Section 402
of the Clean Water Act (CWA) is
applicable to water control facilities
that merely convey or connect
navigable waters. For purposes of this
action, the term "water transfer" refers
to any activity that conveys or connects
navigable waters (as that term is
defined in the CWA) without subjecting
the water to intervening industrial,
municipal, or commercial use. This
rulemaking focuses exclusively on
water transfers and is not relevant to
whether any other activity is subject to
the CWA permitting requirement.
Statement of Need:
This rulemaking is needed to clarify
that NPDES permits are generally not
required for water transfers. In 2004,
this question was presented before the
Supreme Court in South Florida Water
Management District v. Miccosukee
Tribe of Indians. The Court declined
to rule directly on the issue and
remanded it back to the District Court
for further deliberation, generating
uncertainty among the potentially
regulated community and other
stakeholders.
Summary of Legal Basis:
33 USC 1251 et seq.
Alternatives:
On August 5, 2005, EPA issued a legal
memorandum entitled "Agency
Interpretation on Applicability of
Section 402 of the Clean Water Act to
Water Transfers." Based on the statute
as a whole, this memo concluded that
Congress generally intended for water
transfers to be subject to oversight by
water resource management agencies
and State non-NPDES authorities,
rather than the NPDES permitting
program. The interpretive memo stated
that the Agency would initiate a
rulemaking to this effect. The issuance
of a rulemaking will provide the
greatest certainty for stakeholders.
Anticipated Costs and Benefits:
There are no costs and benefits
associated with this rulemaking.
Risks:
There are no risks associated with this
rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/07/06 71 FR 32887
01/00/08
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:
Virginia Garelick
Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202 564-2316
Fax: 202 564-6384
Email: garelick.virginia@epamail.epa.gov
MichaelG Lee
Environmental Protection Agency
Water
2355A
Washington, DC 20460
Phone: 202 564-5486
Fax: 202 564-5531
Email: lee.michaelg@eparnail.epa.gov
RIN: 2040-AE86
EPA
159. IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Priority:
Other Significant
Legal Authority:
33 USC 1251 et seq
CFR Citation:
None
Legal Deadline:
None
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69956 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/The Regulatory Plan
Abstract:
In the 2001 Federal Register notice of
the availability of EPA's recommended
water quality criterion for
methylmercury, EPA stated that it
would develop associated procedures
and guidance for implementing the
criterion. For states and authorized
tribes exercising responsibility under
CWA section 303(c), this document
provides technical guidance on how
they might want to use the
recommended 2001 fish tissue-based
criterion to develop and implement
their own water quality standards for
methylmercury. The guidance
addresses topics including adoption
and revision of standards, monitoring,
waterbody assessment, water quality
standards issues, TMDL development,
and NPDES permitting. Since
atmospheric deposition is considered to
be a major source of mercury for many
waterbodies, implementing this
criterion involves coordination across
media and program areas.
Statement of Need:
The methylmercury criterion is
expressed as a fish and shellfish tissue
value, and this raises both technical
and programmatic implementation
questions. Development of water
quality standards, NPDES permits, and
TMDLs present challenges because
these activities typically have been
based on a water concentration (e.g., as
a measure of mercury levels in
effluent). This guidance addresses
issues associated with states and
authorized tribes adopting a fish tissue-
based water quality criterion into their
water quality standards programs and
implementation of the revised water
quality criterion in TMDLs and NPDES
permits. Further, because atmospheric
deposition serves as a large source of
mercury for many waterbodies,
implementation of the criterion
involves coordination across media and
program areas.
Summary of Legal Basis:
N/A
Alternatives:
N/A
Anticipated Costs and Benefits:
The costs and benefits associated with
this guidance have not been evaluated.
Risks:
N/A
Timetable:
Action
Date
FR Cite
Final Document
01/00/08
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
BILLING CODE 6560-50-S
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tr
Monday,
December 10, 2007
Part XIV
Environmental
Protection Agency
Semiannual Regulatory Agenda
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70118 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[FRL 8450-9]
EPA-HQ-OA-2007-0658
Fall 2007 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the E-Agenda)
at www.reginfo.gov (and also at
wwwr.regulations.gov) 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.
Definitions:
"E-Agenda," "online regulatory
agenda," and "semiannual regulatory
agenda" all refer to the same
comprehensive collection of
information that used to be published in
the Federal Register, but which now
will only be available through an online
database and will not be published in
the Federal Register.
"Regulatory Plan" refers to the
document published in part 2 of the
Federal Register that addresses the core
of the Administration's regulatory
priorities that will be issued in the
coming fiscal year.
"Regulatory Flexibility Agenda" refers
to a document about regulations with a
significant impact on a substantial
number of small entities that will
continue to be published in the Federal
Register because of a requirement of the
Regulatory Flexibility Act.
"FR Regulatory Agenda" refers to both
of the documents that will continue to
be published in the Federal Register,
The Regulatory Plan and the Regulatory
Flexibility Agenda.
"Unified Regulatory Agenda" refers to
the collection of all agencies' agendas
with an introduction prepared by the
Regulatory Information Service Center.
"Regulatory Agenda preamble" refers to
the document you are reading now. It
appears as part of the Regulatory
Flexibility Agenda and introduces both
the Regulatory Flexibility Agenda and
the E-Agenda. In the future there may be
a separate, short introduction to the
Regulatory Flexibility Agenda and a
longer introduction for the E-Agenda.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the semiannual
regulatory agenda please contact: Phil
Schwartz (schwartz.philip@epa.gov;
202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-
2855); if you have general questions
about the regulatory plan contact Caryn
Muellerleile; if you have general
questions about the Regulatory
Flexibility Agenda, contact Joan Rogers
(rogers.joanb@epa.gov; 202-564-6568). If
you have questions about the E-Agenda
Suggestion Docket, contact Phil
Schwartz. If you have questions about
EPA's Action Development Process you
may contact Caryn, Joan, or Phil.
IMPROVING THE E-AGENDA, THE E-AGENDA
SUGGESTION DOCKET: We have created a
place for submitting, reviewing and
commenting on ideas for how we can
improve the usefulness of the EPA E-
Agenda Web site. The E-Agenda
Suggestion Docket, ID No. EPA-HQ-OA-
2007-0658, is available online at
www.regulations.gov. See Unit H,
below, for details about the Suggestion
Docket.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to receive an e-
mail with a link to new semiannual
regulatory agendas as soon as they are
published, please send an e-mail
message with your name and address to:
nscep@bps-lmit.com and put "E-
Regulatory Agenda: Electronic Copy" in
the subject line.
If you would like to receive a hard
copy of the semiannual agenda about 2
to 3 months after publication, please
call 800-490-9198 or send an e-mail
with your name and complete address
to: nscep@bps-lmit.com and put
"Regulatory Agenda Hard Copy" in the
subject line. There is no charge for a
single copy of the agenda.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda
Information
B. What Are EPA's Regulatory Goals and
What Key Principles, Statutes, and
Executive Orders Inform Our Rule
and Policymaking Process?
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
D. What Actions Are Included in the
Regulatory Agenda?
E. How Are Regulatory Plan and
Regulatory Flexibility Agenda
Organized?
F. What Information Is in the Regulatory
Flexibility Agenda, the E-Agenda, and
the Regulatory Plan?
G. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
H. How Can You Help Shape the
Development of EPA's New E-Agenda
Information Tool: Using the E-
Agenda Suggestion Docket?
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
J. Thank You for Collaborating With Us.
A. Map of Regulatory Agenda
Information
Part of Agenda
Online locations
Federal Register Location
Semiannual Regulatory Agenda (The E-Agenda; the on-line Agenda);
336 entries which includes the Regulatory Plan and the expanded
Regulatory Flexibility Agenda (4 entries; 25 data fields/entry)
Annual Regulatory Plan (30 entries)
Semiannual Regulatory Flexibility Agenda (4 entries; 9 data fields/entry)
www.reginfo.gov/, www.regulations.gov
and www.epa.gov/opei/orpm.html
www.reginfo.gov/, www.regulations.gov
and www.epa.gov/opei/orpm.html
www.reginfo.gov/, www.regulations.gov
and www.epa.gov/opei/orpm.html
Not in FR
Part 2 of today s issue
Part 14 of todays issue
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda
70119
EPA
B. 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
problem solving. 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 2008 regulatory
plan
(http://epa.gov/opei/
orpin.html#agenda).
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: 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), 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use; FR 28355; May 22,
2001).
C. 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).
Information on submitting comments to
the rulemaking docket is provided in
each of our Notices of Proposed
Rulemaking (NPRMs), and we always
accept comments through the
regulations.gov e-docket. 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 nonregulatory
action. You can be particularly helpful
and persuasive if you provide examples
to illustrate your concerns and offer
specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
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. For more
information about public involvement
in EPA activities, please visit
www.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-
Agenda and the Regulatory Flexibility
Agenda?
EPA includes regulations and certain
major policy documents in the E-
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 Flexibility Agenda
normally includes:
• Actions that are likely to have a
significant economic impact on a
substantial number of small entities,
and
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70120
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda
EPA
• Any rules that the Agency has
identified for periodic review under
section 610 of the Regulatory
Flexibility Act. EPA, however, has no
rules scheduled for section 610
review until 2008, so there are no 610
reviews included in this Regulatory
Flexibility Agenda.
E. How Are Regulatory Plan and
Regulatory Flexibility Agenda
Organized?
The Regulatory Plan is organized
according to 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.
The Plan also may include a very
limited number of extremely important
actions which will be published after
October 2008.
We have organized the Regulatory
Flexibility Agenda as follows:
First, into divisions based on the law
that would authorize a particular action.
A "General" division which includes
crosscutting actions, such as rules
authorized by multiple statutes and
general acquisition rules precedes the
media statutes (Clean Air Act (CAA),
Clean Water Act (CWA), etc.)
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 Actions-This section
includes mlemakings for which the
next scheduled regulatory action is
after October 2008.
5. Completed Actions-This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the spring 2007 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.
F. What Information Is in the
Regulatory Flexibility Agenda, the E-
Agenda, and the Regulatory Plan?
Regulatory Flexibility Agenda entries
include:
Sequence Number, RIN, Title,
Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
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,
"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."
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Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda
70121
EPA
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the Code
of Federal Regulations that would be
affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations) that
documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
RFA. Generally, such an analysis is
required for proposed or final rules
subject to the RFA that EPA believes
may have a significant economic impact
on a substantial number of small
entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the
Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification number
that EPA uses to track rulemakings and
other actions under development.
URLs: For some of our actions we
include the Internet addresses for:
Reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket which is at:
www.regulations.gov. Once there,
follow the online instructions to access
the docket and submit comments. A
Docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
agenda entries that have already been
proposed.)
RIN: The Regulatory Identifier Number
is used by OMB to identify and track
rulemakings. The first four digits of the
RIN stand for the EPA office with lead
responsibility for developing the action.
Regulatory Plan entries include all
categories of information included in E-
Agenda entries, plus:
Sequence Number, Statement of Need,
Summary of Legal Basis, Alternatives,
Anticipated Costs and Benefits, and
Risks.
G. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
1. Public Dockets
When EPA publishes either an
Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the
Federal Register, the Agency may
establish a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to a particular Agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act section 610 reviews of
rules with significant impacts on a
substantial number of small entities and
various non-rulemaking activities, such
as Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and other non-rule
activities. If there is a docket on a
particular action, information about the
location will be in that action's Agenda
entry. All of EPA's electronic dockets
are housed at www.regulations.gov.
2. Subject Matter EPA Web sites
Some of the actions listed in the
agenda include a URL that provides
additional information.
3. Regulatory Agenda Web sites
If you have access to the Internet, you
can use the E-Agenda databases and
their accompanying search engines at
www.reginfo.gov/public/do/
eAgendaMain or www.regulations.gov/.
If you have any thoughts or suggestions
about the new E-Agenda, please submit
them to the E-Agenda Suggestion Docket
discussed in unit H, below.
4. Agenda Indexes
The first five indexes (610 Reviews,
Regulatory Flexibility Act analysis
Required, Small Entity Impact but
Regulatory Flexibility Act analysis not
Required, Affect on Government Levels,
and Federalism Implications) that used
to be published along with the Agenda
will no longer appear in the Federal
Register but each can be created by
using the E-Agenda search function at
http://www.reginfo.gov/public/do/
eAgendaSearch. There is a Subject
Matter Index, based on the Federal
Register Thesaurus of Indexing Terms,
in the online E-agenda at
http://www.reginfo.gov/public/do/
eAgendaMain.
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
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70122 Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda
EPA
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
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.
H. How Can You Help Shape the
Development of EPA's New E-Agenda
Information Tool: Using the E-Agenda
Suggestion Docket?
Transitioning to using the Internet as
the primary means for conveying
Agenda information will open a number
of possibilities for providing timelier
service and higher quality information.
EPA had two reasons for supporting the
initiative to make the Internet the
primary means for distributing Agenda
information: saving money and
improving service. By improving service
we mean giving you the types of
information and organizing and
delivering it within our budget
constraints in the way that would be
most useful and convenient for you.
We're experimenting with an online
E-Agenda suggestion docket as a way to
involve you in the ongoing process to
improve our effectiveness in getting
information on rulemakings to the
public and to improve public
participation in the rulemaking process.
DATES: The suggestion docket will
remain open for at least six months, but
we encourage you to submit your
comments as soon as possible.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA-HQ-
OA-2007-0658, by one of the following
methods:
• www.regulations.gov: Follow the
online instructions for submitting
comments.
• Email: Oei.docket@epa.gov
• Fax: 202-566-9744
• Mail: OA Docket, USEPA, Mailcode:
2822T, 1200 Pennsylvania Avenue
NW., Washington, DC 20460
• EPA Docket Center, EPA West, Room
3334, 1301 Constitution Avenue NW.,
Washington, DC 20460
INSTRUCTIONS: Direct your
suggestions to Docket ID No. EPA-HQ-
OA-2007-0658. EPA's policy is that all
suggestions received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the suggestion includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov
Web site is an "anonymous access"
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
E-Agenda Suggestion Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Avenue NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566-1744,
and the telephone number for the E-
Agenda Suggestion Docket is (202)-566-
1752.
I. 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
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 Web site
at http://www.epa.gov/sbrefa/. See
Index B at the end of the agenda, "Index
to Environmental Protection Agency
Entries for which a Regulatory
Flexibility Analysis Is Required" for a
list of these rules. See Index C for a list
of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SISNOSE). We have no section 610
reviews planned until 2008.
J. Thank You for Collaborating With
Us.
Finally, we would like to thank those
of you who choose to join with us in
-------
Federal Register/Vol. 72, No. 236/Monday, December 10, 2007/Unified Agenda 70123
EPA
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
proven tool for solving the
environmental problems we face and
the regulatory agenda is an important
part of that process.
Dated: September 14, 2007.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
The 336 Regulatory Agendas
Regional Office Philadelphia - Completed Action
Title
E-Cycling Pilot Project for Region 3 States
and Recovery of Electronic Equipment
(EGOS); Streamlining RCRA Regulations To Encourage Reuse, Recycling,
Regulation
Identifier
Number
2003-AAOO
Regional Office Atlanta - Completed Action
Title
Modification to the Public Hearing and Submittal Requirements for State Implementation Plans
Regulation
Identifier
Number
2004-AA02
Regional Office Denver - Final Rule
Title
Federal Implementation
Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area
Regulation
Identifier
Number
2008-AA01
Regional Office Denver - Completed Action
Title
Federal Implementation
Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area
Regulation
Identifier
Number
2008-AAOO
Regional Office San Francisco - Final Rule
Title
Source-Specific Federal
Implementation Plan for Navajo Generating Station; Navajo Nation
Regulation
Identifier
Number
2009-AAOO
Regional Office San Francisco - Completed Action
Title
Source-Specific Federal Implementation Plan for Four Corners Power Plant; Navajo Nation
Final Rule to Rescind Federal Implementation Plan for Kennecott Copper Company in White Pine County, Nevada
Regulation
Identifier
Number
2Q09-AA01
2009-AA03
Office of General Council - Proposed Rule
Title
Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifications, and Denials of
Pesticide Registrations
Regulation
Identifier
Number
2015-AAOO
Office of Enforcement and Compliance Assurance - Completed Action
11
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title
Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad
of EPA Actions
Regulation
Identifier
Number
2020-AA42
Office of Environmental Information - Final Rule
Title
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
Regulation
Identifier
Number
2025-AA19
Office of Environmental Information - Long-term Action
Title
Public Information and Confidentiality Regulations
Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction and
Beneficiation
TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on
the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals
Regulation
Identifier
Number
2025-AA02
2025-AA11
2025-AA16
2025-AA17
Office of Environmental Information - Completed Action
Title
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
2025-AA12
Administration and Resources Management - Proposed Rule
Title
Revisions to Acquisition Regulation Concerning Conflict of Interest
Security Requirements for Toxic Substances Control Act: Confidential Business Information Access for Contractors
Award Term Contracting
Accessibility Standards for Contract Deliverables (Section 508)
Regulation
Identifier
Number
2030-AA67
2030-M88
2030-M89
2030-AA90
Administration and Resources Management - Final Rule
Title
Incorporation of Class Deviations Into EPAAR
Regulation
Identifier
Number
2030-M37
Administration and Resources Management - Completed Action
Title
EPA Green Meetings and Conferences
Regulation
Identifier
Number
2030-AA95
Water - Proposed Rule
12
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
Drinking Water Regulations for Aircraft Public Water System
2008 Effluent Guidelines Program Plan
NPDES Vessel Vacatur
Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan
Regulation
Identifier
Number
2040-AD39
2040-AD89
2040-AE69
2040-AE74
2040-AE84
2040-AE89
2040-AE93
2040-AE94
Water - Final Rule
Title
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment
Plants Serving Sanitary Sewer Collection Systems Policy
Drinking Water Contaminant Candidate List 3
Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water Contaminant
Candidate List
Concentrated Animal Feeding Operation Rule
Water Transfers Rule
Implementation Guidance for Mercury Water Quality Criteria
Regulation
Identifier
Number
2040-AD87
2040-AD99
2040-AE60
2040-AE80
2040-AE86
2040-AE87
Water - Long-term Action
Title
National Primary Drinking Water Regulations: Radon
Shore Protection Act, Section 4103(b) Regulations
National Primary Drinking Water Regulations: Aldicarb
NPDES Applications Revisions
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under
the Clean Water Act
Underground Injection Control: Update of State Programs
National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and Technical
Corrections to the NSDWR
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements
and Consideration of Distribution System Issues
Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing Process
Availability of and Procedures for Removal Credits
Second 6-Year Review of Existing National Primary Drinking Water Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
Regulation
Identifier
Number
2040-AA94
2040-AB85
2040-AC13
2040-AC84
2040-AC93
2040-AD02
2040-AD09
2040-AD40
2040-AD54
2040-AD94
2040-AE61
2040-AE77
2040-AE82
2040-AE88
2040-AE90
2040-AE91
13
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Water - Completed Action
Title
Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase ill)
National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revisions and Clarifications
Concentrated Animal Feeding Operations-Amendment to the Compliance Dates
Regulation
Identifier
Number
2040-AD49
2040-AE83
2040-AE92
Solid Waste and Emergency Response - Proposed Rule
Title
RCRA Subtitle C Financial Test Criteria Regulatory Determination
National Priorities List for Uncontrolled Hazardous Waste Sites
Management of Cement Kiln Dust (CKD)
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
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors
(Solicitation of Comment on Legal Analysis)
Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements for Spent
Petroleum Refining Hydrotreating and Hydrorefining Catalysts
CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Regulation
Identifier
Number
2050-AC71
2050-AD75
2050-AE34
2050-AF08
2050-AG16
2050-AG29
2050-AG34
2050-AG37
2050-AG39
Solid Waste and Emergency Response - Final Rule
Title
Emergency Planning and Community Right-to-Know Act: Amendments to Parts 355 and 370
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a
Gasification System to Produce Synthesis Gas
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)
Expanding the Comparable Fuels Exclusion Under RCRA
Definition of Solid Wastes Revisions
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correction
Regulation
Identifier
Number
2050-AE17
2050-AE51
2050-AE78
2050-AG15
2050-AG24
2050-AG31
2050-AG35
2050-AG38
Solid Waste and Emergency Response - Long-term Action
14
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule
Listing Requirements
Revisions to the Requirements for Transboundary Shipments of Wastes Destined for Recovery Between the U.S. and
Other OECD Countries and for Export Shipments of Spent Lead Acid Batteries
Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 1 12(r)(7);
Availability of Information to the Public; Technical Amendment
RCRA Smarter Waste Reporting
Correction of Errors and Adjustment of CERCLA Reportable Quantities
Rulemaking To Streamline Laboratory Waste Management in Academic and Research Laboratories
Hazardous Waste Manifest Revisions-Standards and Procedures for Electronic Manifests
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Regulation
Identifier
Number
2050-AE23
2050-AE81
2050-AE87
2050-AE93
2050-AE95
2050-AF01
2050-AF03
2050-AG18
2050-AG20
2050-AG22
2050-AG40
Solid Waste and Emergency Response - Completed Action
Title
Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Requirements-Extension of
Compliance Dates
Regulation
Identifier
Number
2050-AE62
2050-AG27
2050-AG36
Air and Radiation - PreRule
Title
Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant
Review of the National Ambient Air Quality Standards for Lead
Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
New Source Performance Standards (NSPS) Review Strategy
Opportunity To Provide Feedback to the Agency on Emissions Standards for Stationary Diesel Engines
Regulation
Identifier
Number
2060-AN49
2060-AN83
2060-A029
2060-A038
2060-A060
2060-A073
Air and Radiation - Proposed Rule
15
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title
Amendments to Method 24 (Water-Based Coatings)
Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste
Technical Change to Dose Methodology
General Conformity Regulations; Revisions
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance Coatings;
Amendments
Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives
Performance Specifications for Continuous Parameter Monitoring Systems
Performance-Based Measurement System For Fuels: Criteria for Self-Qualifying Alternative Test Methods; Description
of Optional Statistical Quality Control Measures
Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate
Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
NESHAP: Area Source Standards-Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous
Metals Processing
NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
NESHAP: Area Source Standards-Plating and Polishing
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and
Institutional Boilers
Flexible Air Permit Rule
Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and Recovery/Recycling Equipment
Intended for Use with Substitute Refrigerants
Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the
Clean Air Act
Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Requirements and on Methods To
Improve Such Monitoring
NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing-Area Source
NESHAP: Defense Land Systems and Miscellaneous Equipment
Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations-Area Sources (Includes Autobody, Paint
Stripping, and Miscellaneous Coating Plastic Parts)
Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extinguishing Systems
Restricting Use to Only Unoccupied Areas
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
NESHAP: Site Remediation Amendments-Response to Litigation
NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in
the U.S.
Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Products
Revisions to the Definition of Potential to Emit (PTE)
National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing: Amendments
Risk and Technology Review Phase II Group 2
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA Committee
Recommendations Ready for Program Office Approval
Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska
NESHAP: Mercury Cell Chlor-Alkali Plants-Amendments
NESHAP: Miscellaneous Organic Chemical Manufacturing-Amendments
16
Regulation
Identifier
Number
2060-AF72
2060-AH63
2060-AH90
2060-AH93
2060-AI62
2060-AJ61
2060-AJ86
2060-AK03
2060-AK84
2060-AM09
2060-AM12
2060-AM19
2060-AM36
2060-AM37
2060-AM44
2060-AM45
2060-AM49
2060-AM55
2060-AM63
2060-AM71
2060-AM84
2060-AM91
2060-ANOO
2060-AN21
2060-AN30
206Q-AN33
206Q-AN36
2060-AN37
2060-AN48
2060-AN58
2060-AN65
2060-AN80
2060-AN85
2060-AN93
2060-AN94
2060-AN99
2060-A007
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP: Ferroalloys Production-Area Source Standards
NESHAP: Portland Cement Notice of Reconsideration
Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Resins, and Hydrogen
Fluoride
Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of Family of Four Hydrofluoropolyethers
(HFPEs) and HFE-347pc-f
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Prevention of Significant Deterioration for PM2.5~lncrements, Significant Impact Levels, and Significant Monitoring
Concentrations
Revision of Hearing-Protector Regulations
NESHAP-Area Source Standards-Nine Metal Fabrication and Finishing Source Categories (12 SIC's, 25 NAICS
Codes)
Protection of Stratospheric Ozone: Extension of Global Lab and Analytical Use Exemption for Essential Class I Ozone
Depleting Substances
Review of New Source Performance Standards-Nonmetallic Minerals
Review of New Source Performance Standards-Portland Cement
Review of New Source Performance Standards (Subpart UUU)~Mineral Dryers/Calciners
Public Notification of Upcoming Revisions to State Implementation Plans
Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling
Rulemaking To Address Greenhouse Gas Emissions From Motor Vehicles
Standards of Performance for Coal Preparation Plants: Amendments
Amend Methods 201 a and 202 To Improve Measurement of Fine PM
Clarification of Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial,
Commercial, and Institutional Steam Generating Units
Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20, 1994
Pulp and Paper Sector Model Rule
Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
Adoption of International NOx Standard for Aircraft Engines
2060-A011
2060-A013
2060-A015
2060-A016
2060-A017
2060-A023
2060-A024
2060-A025
2060-A027
2060-A028
2060-A041
2060-A042
2060-A043
2060-A049
2060-A050
2060-A056
2060-A057
2060-A058
2060-A061
2Q6Q:AQ63
2060-A067
2060-A068
2060-A070
Air and Radiation - Final Rule
Title
NSPS: SOCMI-Wastewater Amendment
Review of New Sources and Modifications in Indian Country
Importation of Nonconforming Vehicles; Amendments to Regulations
Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
California Gasoline Technical Correction
Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition
National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-Petition To Delist
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
Alternative Work Practice for Leak Detection and Repair
Control of Emissions from New Locomotives and New Marine Diesel Engines Less Than 30 Liters per Cylinder
NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments
NESHAP: Area Source Standards-Ethylene Oxide Hospital Sterilization
17
Regulation
Identifier
Number
2060-AE94
2060-AH37
2060-AI03
2060-AJ82
2060-AK26
2060-AK54
2060-AK56
2060-AK69
2060-AK73
2060-AL75
2060-AL98
2060-AM06
2060-AM08
2060-AM14
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire Extinguishing Vessels
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the
Significant New Alternatives Policy (SNAP) Program
NESHAP: Gasoline Distribution Area Source Standards
NESHAP: General Provisions (Once In Always ln)»Amendments
Standards of Performance for Stationary Spark-Ignited Internal Combustion Engines
NESHAP: Iron and Steel Foundries; Amendments
Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking for Georgia for
Purposes of Reducing Ozone Interstate Transport
Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx Budget Trading
Program
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal Plan:
Small Municipal Waste Combustors: Amendments
Revisions to Air Emissions Reporting Requirements
Review of the National Ambient Air Quality Standards for Ozone
Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classification
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric
Generating Units
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9, 2004
NESHAP: Area Source Standards-Reciprocating Internal Combustion Engines
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
National Volatile Organic Compound Emission Standards for Aerosol Coatings
Petroleum Refineries-New Source Performance Standards (NSPS)-Subpart J
Revision to Definition of Volatile Organic Compounds-Exclusion of Two Compounds
Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Transportation Bill
(SAFETEA-LU)
Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Article 5 Countries
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in
Recordkeeping
Clean Air Mercury Rule: Federal Plan
Refinement to Increment Modeling Procedures
National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations--
Amendment
Hospital/Medical/lnfectious Waste Incineration Units-Response to Remand and 5- Year Technology Review
Final Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the Denver
Early Action Compact
Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors
(MWCs)
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
Protection of the Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionudides, Subparts H
and I
Protection of Stratospheric Ozone: Revision of Refrigerant Recycling and Recovery Equipment Standards
Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections
Nonroad Diesel Technical Amendments
2060-AM34
2060-AM46
2060-AM54
2060-AM74
2060-AM75
2060-AM81
2060-AM85
2060-AN12
2060-AN15
2060-AN16
2060-AN17
2060-AN20
2060-AN24
2060-AN26
2060-AN28
2060-AN43
2060-AN62
2060-AN63
2060-AN69
2060-AN71
2060-AN72
2060-AN75
2060-AN82
2060-AN86
2060-AN87
2060-AN88
2060-AN98
2060-A002
2060-A003
2060-A004
2060-A005
2060-A018
2060-A026
2060-A030
2060-A031
2060-A032
2060-A036
2060-A037
18
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Recommended Test Methods for State Implementation Plans, Addition of Method 207, "Pre-Survey Procedure for Corn
Wet-Milling Facility Emission Sources"
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008
Revisions to Consolidated Federal Air Rule
Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emissions From Hot Mix
Asphalt Plant Dryers
National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities: Corrections
National Emission Standards for Hazardous Air Pollutants: Appendix A-Test Methods; Amendments to Method 301
Petroleum Refinery Residual Risk Standards
Interpretation of the National Ambient Air Quality Standards for PM2.5-Correcting and Simplifying Amendment
In-Use Testing for Heavy-Duty Diesel Engines and Vehicles
Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low Sulfur Diesel
Performance Specification 16-Specifications and Test Procedures for Predictive Emission Monitoring Systems in
Stationary Sources
2060-A039
2060-A044
2060-A045
2060-A051
2060-A052
2Q60-A053
2060-A055
2060-A059
2060-A069
2060-A071
2060-A074
Air and Radiation - Long-term Action
Title
Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal Class I
Areas
Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
Transportation Conformity Rule Amendment: Clarification of Trading Provisions
NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments
Review of the National Ambient Air Quality Standards for Carbon Monoxide
Inspection/Maintenance Program Requirements for Federal Facilities
Section 126 Rule Withdrawal Provision
Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport ("NOx SIP Call")
Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Requirments for Heavy-Duty
Engines and Vehicles Above 14,000 Pounds & In-Use, Not-To-Exceed Emission Standard Testing
Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
Petition To Delist a Hazardous Air Pollutant From Section 1 1 2 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK)
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine Maintenance,
Repair, and Replacement (RMRR); Maintenance and Repair Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy Duty Vehicles
Optional Chassis Certification for Diesel Vehicles
NESHAP: Area Source Standards-Chemical Preparations Industry
NESHAP: Area Source Standards-Paint and Allied Products
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule
Defect Reporting for On-Highway Motor Vehicles and Engines
Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance
Standards and Emission Guidelines
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
NESHAP: Aviation Gasoline Distribution MACT Standards
Regulation
Identifier
Number
2060-AH01
2060-AH23
2060-AH31
2060-AH47
2060-AI43
2060-AI97
2060-AK41
2060-AL83
2060-AL84
2060-AL92
2060-AL94
2060-AM20
2060-AM62
2060-AM87
2060-AN01
2060-AN39
2060-AN46
2060-AN47
2060-AN68
2060-AN73
2060-A012
2060-A019
2060-A047
2060-A048
2060-A062
19
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Monday, December 10, 2007
Unified Agenda
National Emissions Standards for Asbestos-Amendments
Plywood and Composite Wood Products (PCWP) NESHAP-Amendments To Address "No Emission Reduction" MACT
Floors
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
2060-A064
2060-A066
2060-A072
Air and Radiation - Completed Action
Title
Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alaska, and the U.S.
Territories
NESHAP: Halogenated Solvent Cleaning-Residual Risk Standards
Clean Air Fine Particle Implementation Rule
Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Facilities
Area Source NESHAP for Secondary Nonferrous Metals
NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; Amendments
Notice for Information on Determining the Emissions Reductions Achieved From Limiting the VOC Content of
Architectural Coatings
NESHAP: Acrylic/Modacrylic Fibers, Chemical Manufacturing: Chromium Compounds, Flexible Foam Fabrication and
Foam Production, Carbon Black Production, Lead Acid Battery Manufacturing, Wood Preserving
Transition to New or Revised Particulate Matter (PM) (NAAQS)
Renewable Fuels Standard Rule
Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Corn Milling
Facilities Under the "Major Emitting Facility" Definition
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2007
Standards of Performance for New Stationary Sources and National Emission Standards for Hazardous Air Pollutants:
Revisions to Initial Performance Test Provisions
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Removal of Vacated
Elements
Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial, Commercial, and
Institutional Steam Generating Units
Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
Two Optional Methods for Relative Accuracy Test Audits of Mercury Monitoring Systems Installed on Combustion Flue
Gas Streams and Amendments to Related Mercury Monitoring Provisions
Ambient Air Monitoring Regulations: Correcting and Other Amendments
Update of Continuous Instrumental Test Methods: Technical Amendments
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-N-Propyl Bromide in Solvent
Cleaning
Consumer and Commercial Products, Group III: Control Techniques Guidelines in Lieu of Regulations for Paper, Film
and Foil Coatings; Metal Furniture Coatings; and Large Appliance Coatings
Revisions to Cogeneration Unit Definition Under CAIR and CAMR and Corrections to CAIR and Acid Rain Program
Rules
Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to the East St. Louis, Illinois
Ozone Nonattainment Area
Update of Test Procedure Schedule for All Terrain Vehicles
Response to Reconsideration Regarding NESHAP Startup, Shutdown, and Malfunction Amendments
NESHAP: Primary Copper Smelting and Secondary Copper Smelting-Amendments
Clean Air Interstate Rule (CAIR) and CAIR Federal Implementation Plans; Corrections
Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products
Regulation
Identifier
Number
2060-AK02
2060-AK22
2060-AK74
2060-AK81
2060-AM70
2060-AN10
2060-AN42
2060-AN44
2060-AN59
2060-AN76
2060-AN77
2060-AN81
2060-AN84
2060-AN92
2060-AN97
2060-AOOO
2060-A001
2060-A006
2060-A009
206Q-A010
2060-A014
2060-A033
2060-A034
2060-A035
2060-A040
2060-A046
2060-A054
2060-A065
Office of Prevention, Pesticides and Toxic Substances - PreRule
20
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Monday, December 10, 2007
Unified Agenda
Title
Future Testing for Existing Chemicals (Overview Entry)
Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
Nanoscale Materials Under TSCA
Test Rule; Nonylphenol (NP) and Its Ethoxylates (NPE)
Regulation
Identifier
Number
2070-AB94
2070-AD61
2070-AJ30
2070-AJ34
Office of Prevention, Pesticides and Toxic Substances - Proposed Rule
Title
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Pesticides; Data Requirements for Antimicrobials
Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in Residential Upholstered
Furniture
Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
TSCA Inventory Nomenclature for Enzymes and Proteins
Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
Pesticides; Competency Standards for Occupational Users
Clarification on TSCA Inventory Status of Activated Phosphors
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of
Plant-Incorporated Protectants (PIPs)
Plant-Incorporated Protectant-Fusion Proteins (PIP-FPs)
Regulation
Identifier
Number
2Q70-AD16
2070-AD30
2070-AD48
2070-AD52
2070-AJ04
2070-AJ15
2070-AJ20
2070-AJ21
2070-AJ22
2070-AJ27
2070-AJ32
2070-AJ33
Office of Prevention, Pesticides and Toxic Substances - Final Rule
Title
Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
TSCA Section 8(a) Preliminary Assessment Information Rules
TSCA Section 8(d) Health and Safety Data Reporting Rules
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
TSCA; Refractory Ceramic Fibers (RCFs)
Groundwater and Pesticide Management Plan Rule
Lead-Based Paint; Amendments for Renovation, Repair and Painting
Voluntary High Production Volume (HPV) Chemical Challenge Program
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
Testing Agreement for Perfluorooctanoic Acid (PFOA)
Testing Agreement for Diethanolamine
Testing Agreement for Hydrogen Fluoride
Testing Agreement for Phthalic Anhydride
Testing Agreement for Maleic Anhydride
Pesticides; Expansion of Crop Grouping Program
Regulation
Identifier
Number
2070-AA59
2070-AB08
2070-AB11
2070-AB27
2070-AB79
2070-AC21
2070-AC37
207Q-AC46
2070-AC83
2070-AD25
2070-AD58
2070-AJ06
2070-AJ09
2070-AJ10
2070-AJ11
2070-AJ13
2070-AJ28
21
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Monday, December 10, 2007
Unified Agenda
Significant New Use Rule for Chloranil
2070-AJ31
Office of Prevention, Pesticides and Toxic Substances - Long-term Action
Title
Follow-Up Rules on Existing Chemicals
Voluntary Children's Chemical Evaluation Program (VCCEP)
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State
Plan Rule
Test Rule; Hazardous Air Pollutants (HAPs)
Test Rule; Certain Metals
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Testing Agreement for Certain Oxygenated Fuel Additives
Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
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
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
Testing Agreement for Aryl Phosphates (ITC List 2)
Test Rule; Brominated Flame Retardants (BFRs)
Pesticides; Tolerance Processing Fees
Pesticides; Determination of Status of Prions as Pests
Pesticide Agricultural Container Recycling Program
Regulation
Identifier
Number
2070-AA58
2070-AC27
2070-AC51
2070-AC64
2070-AC76
2070-AD10
207Q-AD14
2070-AD28
2Q70-AD44
2070-AD49
2070-AD53
2070-AD55
2070-AD56
2070-AD64
2070-AJ07
2070-AJ08
2070-AJ23
2070-AJ26
2070-AJ29
Office of Prevention, Pesticides and Toxic Substances - Completed Action
Title
Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption
Pesticides; Data Requirements for Conventional Chemicals
Pesticides; Data Requirements for Biochemical and Microbial Products
Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration (MARAD)
Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
Significant New Use Rule (SNUR); Elemental Mercury in Certain Motor Vehicle Switches
Polychlorinated Biphenyls (PCBs); Transfer of Cleanup and Disposal Program From OPPTS to OSWER
Regulation
Identifier
Number
2070-AB20
2070-AC12
2070-AD51 -
2070-AJ05
2070-AJ18
2070-AJ19
2070-AJ35
Office of Research and Development - Final Rule
Title
A Revision to the Budget Period Limitation for Research Grants and Cooperative Agreements
Regulation
Identifier
Number
2Q80-M12
Office of the Administrator - Proposed Rule
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Monday, December 10, 2007
Office of the Administrator - Final Rule
Unified Agenda
Title
Age Discrimination Regulations-EPA-Assisted Programs-Age Discrimination Act of 1975
Regulation
Identifier
Number
2090-AA37
Title
Utilization of Small,
Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Regulation
Identifier
Number
2090-AA38
Office of the Administrator - Long-term Action
Title
RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2090-AA34
Office of the Administrator - Completed Action
Title
Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases l-ll)
Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell Junction, New York
Regulation
Identifier
Number
2090-AA27
2090-AA29
Environmental Protection Agency (EPA)
Regional Office Philadelphia ( ROPHILA )
RIN: 2003-MOO
Title: E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations To Encourage Reuse, Recycling,
and Recovery of Electronic Equipment
Abstract: This project originally was the result of an Environmental Council of States (ECOS) partnership agreement that
EPA Region 3 entered into with the six State environmental agencies. As part of the partnership agreement, the Region agreed
to prepare a regional rule and to expedite its promulgation by using the direct final rulemaking process. 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. However, the usefulness of this rule as a pilot project was overtaken by the promulgation of
EPA's national cathode ray tube (CRTs) exclusion from the definition of solid waste. CRTs are the video display components of
televisions and computer monitors. Upon issuance of the national CRT rule on July 28, 2006 (71 FR 42928), this project was
terminated. No work has been done on this project since the promulgation of the CRT rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261.4(a)(24); 40 CFR 261.40 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6924(y); 42 USC 6938
Legal Deadline: None
Timetable:
Action
Other
NPRM
Other
Withdrawn
Date
12/26/2002
12/26/2002
02/24/2003
07/28/2006
FR Cite
67 FR 78718
67 FR 78761
68 FR 8553
71 FR 42927
23
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Additional Information: SAN No. 4701; Action withdrawn upon issuance of the national CRT rule 07/28/2007 (71 FR
42928).; EPA publication information: NPRM - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?
dbname=2002_register&docid=fr26de02-26.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Marie Holman Environmental Protection Agency
Regional Office Philadelphia
3EIOO
Philadelphia, PA 19130
Phone: 215814-5463
E-Mail: Holman.Marie@epamail.epa.gov
Agency Contact: Sandra Panetta Environmental Protection Agency
Regional Office Philadelphia
1807T
Philadelphia, PA 19130
Phone: 202566-2184
E-Mail: Panetta.Sandra@epamail.epa.gov
Environmental Protection Agency (EPA)
Regional Office Atlanta ( ROATLANTA ) RIN: 2004-AA02
Title: Modification to the Public Hearing and Submittal Requirements for State Implementation Plans
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 public. EPA believes this rule revision will have no effect 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 five 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.102(a) and (f), 51.103,40 CFR 52.0 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 23 USC 101; 42 USC 7401 to 7641 q
Legal Deadline: None
24
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Monday, December 10, 2007
Unified Agenda
Timetable:
Action
NPRM
Final Action
Date
03/13/2007
07/16/2007
FR Cite
72 FR 11 307
72 FR 38787
Additional Information: SAN No. 5113; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
March/Day-13/a4563.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Sean Lakeman Environmental Protection Agency
Regional Office Atlanta
R4-Air
Atlanta, GA 30303
Phone: 404 562-9043
FAX: 404562-9019
E-Mail: lakeman.sean@epa.gov
Agency Contact: Jerry Stubberfield Environmental Protection Agency
Regional Office Atlanta
C404-02
Durham, NC 27711
Phone: 919541-0876
FAX: 919541-7925
E-Mail: stubberfield.jerry@epa.gov
Environmental Protection Agency (EPA)
Regional Office Denver ( RODENVER )
RIN: 2008-AA01
Title: Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area
Abstract: The State of Montana submitted a sulfur dioxide (S02) 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 S02 SIP for Billings/Laurel. EPA proposed a Federal Implementation Plan (FIP) on July 12,2006, 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 S02
NAAQS.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/12/2006
11/00/2007
FR Cite
71 FR 39259
Additional Information: SAN No. 5161; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
July/Day-12/a6096.htm; This action is merged with RIN 2008-AAOO, SAN 4542
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
25
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Monday, December 10, 2007
Unified Agenda
Energy Affected: No
Agency Contact: Laurie Ostrand Environmental Protection Agency
Regional Office Denver
8P-AR
Denver, CO 80202
Phone: 303312-6437
FAX: 303312-6064
E-Mail: Ostrand.Laurie@epamail.epa.gov
Agency Contact: Cynthia Cody Environmental Protection Agency
Regional Office Denver
8P-AR
Denver, CO 80202
Phone: 303312-6228
FAX: 303312-6064
E-Mail: Cody.Cynthia@epamail.epa.gov
Environmental Protection Agency (EPA)
Regional Office Denver ( RODENVER )
RIN: 2008-AAOO
Title: Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area
Abstract: The State of Montana submitted a sulfur dioxide (S02) 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 S02 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 S02 NAAQS.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Withdrawn
Date
07/12/2006
08/29/2007
FR Cite
71 FR 39259
Additional Information: SAN No. 4542; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
July/Day-12/a6096.htm; This action is being merged with RIN 2008-AA01, SAN 5161.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Sectors Affected: 32411
Agency Contact: Laurie Ostrand Environmental Protection Agency
Regional Office Denver
8P-AR
Denver, CO 80202
Phone: 303312-6437
FAX: 303312-6064
E-Mail: Ostrand.Laurie@epamail.epa.gov
26
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Cynthia Cody Environmental Protection Agency
Regional Office Denver
8P-AR
Denver, CO 80202
Phone: 303312-6228
FAX: 303312-6064
E-Mail: Cody.Cynthia@epamail.epa.gov
Environmental Protection Agency (EPA)
Regional Office San Francisco ( ROSANFRAN )
RIN: 2009-AAOO
Title: Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 49 CFR 123 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA301(d)
Legal Deadline: None
Timetable:
Action
NPRM
Notice
Other
Final Action
Date
09/08/1999
01/26/2000
09/12/2006
01/00/2008
FR Cite
64 FR 48725
65 FR 4244
71 FR 53639
Additional Information: SAN No. 4315; Formerly listed as RIN 2060-AI79; EPA Docket information: epa-r09-oar-2006-
0185
Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rebecca Rosen Environmental Protection Agency
Regional Office San Francisco
AIR2
Washington , DC 20460
Phone: 415947-4152
FAX: 415947-3579
E-Mail: rosen.rebecca@epamail.epa.gov
Agency Contact: Colleen McKaughan Environmental Protection Agency
Regional Office San Francisco
AIR1
Washington , DC 20460
Phone: 520498-0118
FAX: 520498-1333
E-Mail: Mckaughan.Colleen@epamail.epa.gov
27
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Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Regional Office San Francisco ( ROSANFRAN )
RIN: 2009-M01
Title: Source-Specific Federal Implementation Plan for Four Corners Power Plant; Navajo Nation
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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC1740
Legal Deadline:
Action
Other
Source
Judicial
Date
04/30/2007
Timetable:
Action
Other
Final Action
Date
09/12/2006
05/07/2007
FR Cite
71 FR 53631
72 FR 25696
Additional Information: SAN No. 3569; EPA publication information: Reproposal - http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-12/a15097.pdf; NPRM- http://www.epa.gov/fedrgstr/EPA-; AIR/1999/September/Day-08 /a23277.
htm.; Formerly listed as RIN 2060-AF42
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rebecca Rosen Environmental Protection Agency
Regional Office San Francisco
AIR2
Washington, DC 20460
Phone: 415947-4152
FAX: 415947-3579
E-Mail: rosen.rebecca@epamail.epa.gov
Agency Contact: Colleen McKaughan Environmental Protection Agency
Regional Office San Francisco
AIR1
Washington , DC 20460
Phone: 520498-0118
FAX: 520498-1333
E-Mail: Mckaughan.Colleen@epamail.epa.gov
Environmental Protection Agency (EPA)
Regional Office San Francisco ( ROSANFRAN )
RIN: 2009-AA03
Title: Final Rule to Rescind Federal Implementation Plan for Kennecott Copper Company in White Pine County, Nevada
28
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Monday, December 10, 2007
Unified Agenda
Abstract: This final Federal Register action rescinds the Federal Implementation Plan for the control of fugitive sulfur oxide
emissions from the Kennecott Copper Company in White Pine County, Nevada. In a letter dated February 16, 2005, the
Nevada Department of Environmental Protection requested the rescission of this Federal Implementation Plan. In 1993, the last
vestige of the Kennecott Copper Company was removed from the area. As a result of the elimination of the source, the Federal
Implementation Plan provisions are obsolete and can be removed from the applicable Nevada State Implementation Plan. We
proposed to approve this rescission on August 28, 2006, and received no adverse comments on the proposal.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7410 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
08/28/2006
06/13/2007
FR Cite
71 FR 50875
72 FR 32529
Additional Information: SAN No. 5134; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
August/Day-28/a14214.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Andrew Steckel Environmental Protection Agency
Regional Office San Francisco
AIR4
Washington, DC 20460
Phone: 415947-4115
FAX: 415947-3579
E-Mail: Steckel.Andrew@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of General Council ( OGC )
RIN: 2015-AAOO
Title: Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifications, and Denials of
Pesticide Registrations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 164 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136a(c) to 136a(d); 7 USC 136b(d) to 136b(f); 7 USC 136d(b) to 7 USC 136d(e); 7 USC 136w(a)
Legal Deadline: None
Timetable:
29
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Monday, December 10, 2007
Unified Agenda
Action
Final Action
NPRM
Date
00/00/0000
06/00/2008
FR Cite
Additional Information: SAN No. 4618; Previous listed as RIN 2020-AA44.
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 112; 111; 32532
Related RINs: Previously Reported as 2020-AA44
Agency Contact: Scott Garrison Environmental Protection Agency
Office of General Council
2333A
Washington, DC 20460
Phone: 202564-4047
FAX: 202 564-5644
E-Mail: Garrison.Scott@epamail.epa.gov
Agency Contact: Robert Perils Environmental Protection Agency
Office of General Council
2333A
Washington, DC 20460
Phone: 202 564-5636
FAX: 202 564-5644
E-Mail: perlis.robert@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Enforcement and Compliance Assurance ( OECA )
RIN: 2020-AA42
Title: Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad
of EPA Actions
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."
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 6 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 4321
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/19/2006
09/19/2007
FR Cite
71 FR 76082
72 FR 53652
Additional Information: SAN No. 4292; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
GENERAL/2006/December/Day-19/g21402.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
30
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Robert Hargrove Environmental Protection Agency
Office of Enforcement and Compliance Assurance
2252A
Washington, DC 20460
Phone: 202564-7157
FAX: 202564-0070
E-Mail: Hargrove.Robert@epa.gov
Agency Contact: Jaime Loichinger Environmental Protection Agency
Office of Enforcement and Compliance Assurance
2252A
Washington, DC 20460
Phone: 202 564-0276
FAX: 202564-0070
E-Mail: Loichinger.Jaime@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-AA19
Title: TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
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, and 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11013 EPCRA 313
Legal Deadline: None
Timetable:
Action
Other
Date
05/00/2008
FR Cite
Additional Information: SAN No. 2425.3; EPA publication information: Response-Acetonitrile (Request to Delete); Split
from RIN 2025-AAOO. Formerly listed as RIN 2070-ACOO. Statutory deadline: Within 180 days of receipt the Agency must either
initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following
industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011,1081, and 1094); Coal Mining (SIC code 12
except SIC code 1241); Electric Utilities (SIC codes 4911,4931,4939); Commercial Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and,
Solvent Recovery Services (SIC code 7389).
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/tri
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Daniel Bushman Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0743
FAX: 202 566-0741
E-Mail: bushman.daniel@epamail.epa.gov
Agency Contact: Ben Smith Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0816
FAX: 202566-0741
E-Mail: smith.ben@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-AA02
Title: Public Information and Confidentiality Regulations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
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 (To search for a specific CFR, visit the Code of
Federal Regulations)
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
136etseq
Legal Deadline:
Action
NPRM
Source
Statutory
Date
08/31/2000
Timetable:
Action
Final Action
Other
Other
Other
Other
ANPRM
Date
00/00/0000
11/23/1994
10/25/1999
12/21/1999
08/30/2000
12/21/2000
FR Cite
59 FR 60446
64 FR 57421
64 FR 71 366
65 FR 52684
65 FR 80394
Additional Information: SAN No. 3240;
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
32
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Unified Agenda
Small Entities Affected: Business
Federalism: No
Energy Affected: No
Agency Contact: Sara Hisel-McCoy Environmental Protection Agency
Office of Environmental Information
2822-T
Washington, DC 20460
Phone: 202566-1649
FAX: 202566-1639
E-Mail: Hisel-Mccoy.Sara@epamail.epa.gov
Agency Contact: Joe Sierra Environmental Protection Agency
Office of Environmental Information
2822-T
Washington , DC 20460
Phone: 202566-1683
FAX: 202566-1639
E-Mail: Sierra.Joe@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-M11
Title: Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction and
Beneficiation
Abstract: The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or
process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical. These
mining facilities engage in the removal of naturally occurring materials from the earth. EPA had considered naturally occurring
materials to be manufactured by natural processes. A recent court order set aside EPA's interpretation of manufacture stating
that naturally occurring ores can not be manufactured within the meaning of EPCRA section 313. EPA is considering clarifying
how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of
extraction and beneficiation. This action will not affect the coal extraction activities exemption.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11001 etseq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/00/2009
03/00/2011
FR Cite
Additional Information: SAN No. 4616;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/tri
Government Levels Affected: Undetermined
Federalism: Undetermined
33
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Marc Edmonds Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0758
FAX: 202 566-0741
E-Mail: Edmonds.Marc@epamail.epa.gov
Agency Contact: Ben Smith Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0816
FAX: 202 566-0741
E-Mail: smith.ben@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-AA16
Title: TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on
the Toxics Release Inventory
Abstract: This action was suspended on May 22,2007, at the request of the petitioner. If resumed, this action will respond
to a petition received by EPA to delete chromium, antimony, titanate from the list of toxic chemicals reportable under section
313 of the Emergency Planning and Community Right to Know Act (EPCRA). EPA will respond to the petition by either granting
or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register; if
EPA denies the petition a notice of petition denial will be published. Chromium, antimony, titanate is reportable under the
chromium and antimony compound categories, and the deletion of this chemical would eliminate all the reporting requirements
under the Toxic Chemical Release Reporting Rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11013 EPCRA 313
Legal Deadline: None
Timetable:
Action
Other
Date
00/00/0000
FR Cite
Additional Information: SAN No. 2425.4; EPA publication information: Response-Chromium; 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).
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/tri
34
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Daniel Bushman Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0743
FAX: 202566-0741
E-Mail: bushman.daniel@epamail.epa.gov
Agency Contact: Ben Smith Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0816
FAX: 202566-0741
E-Mail: smith.ben@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-AA17
Title: TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals
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, and 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11013 EPCRA 313
Legal Deadline: None
Timetable:
Action
NPRM
Other
Final Action
Date
09/05/2000
06/14/2005
02/00/2009
FR Cite
65 FR 53681
70 FR 34437
Additional Information: SAN No. 2425.1; EPA publication information: Notice of Data Availability - http://www.epa.gov/
fedrgstr/EPA-WASTE/2005/June/Day-14/f 11664.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).
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/tri
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Daniel Bushman Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0743
FAX: 202566-0741
E-Mail: bushman.daniel@epamail.epa.gov
Agency Contact: Ben Smith Environmental Protection Agency
Office of Environmental Information
2844T
Washington , DC 20460
Phone: 202566-0816
FAX: 202566-0741
E-Mail: smith.ben@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Environmental Information ( OEI)
RIN: 2025-AA12
Title: Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the Dioxin and Dioxin-
like Compounds Category Under EPCRA, Section 313
Abstract: Under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (i.e., the Toxics
Release Inventory (TRI)), dioxin and dioxin-like compounds are reported in units of grams for the category. This project will add
toxic equivalency (TEQ) reporting for the category and quantity data for individual members of the category to the grams only
reporting currently required for the category under EPCRA section 313. TEQs are a weighted quantity measure based on the
toxicity of each dioxin congener relative to the most toxic dioxin congeners, 2,3,7,8-tetrachlorodibenzo-p-dioxin and 1,2,3,7,8-
pentachlorodibenzo-p-dioxin. The addition of TEQ reporting will allow better understanding of the releases and waste
management quantities currently reported to the TRI for dioxin and dioxin-like compounds. TEQ reporting will also make it
easier to compare TRI data on dioxin and dioxin-like compounds with other EPA activities which present data on dioxin and
dioxin-like compounds in terms of TEQs. Several industry groups have written OMB supporting the addition of TEQ reporting to
TRI.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11001 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/07/2005
05/10/2007
FR Cite
70 FR 1091 9
72 FR 26544
Additional Information: SAN No. 4692; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
TOX/2005/March/Day-07/t4339.htm; TRI has not converted to NAICS so the Standard Industrial Classification (SIC) Codes are
listed: SIC Code 10 Metal Mining (except SIC codes 1011,1081, and 1094), SIC Code 12 Coal Mining (except SIC code 1241),
SIC Code 20-39 Manufacturing, SIC Codes 4911,4931, and 4939 Electric Utilities (limited to facilities that combust coal and/or
oil for the purpose of generating power for distribution in commerce), SIC Code 4953 Commercial Hazardous Waste Treatment
(limited to facilities regulated under the RCRA, subtitle C, 42 U.S.C. section 6921 et seq.), SIC Code 5169 Chemicals and Allied
Products-Wholesale, SIC Code 5171 Petroleum Bulk Terminals and Plants, SIC Code 7389 Solvent Recovery Services (limited
to facilities primarily engaged in solvent recovery services on a contract or fee basis).
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
36
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Unified Agenda
Energy Affected: No
RIN Information URL: www.epa.gov/tri
Agency Contact: Daniel Bushman Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0743
FAX: 202566-0741
E-Mail: bushman.daniel@epamail.epa.gov
Agency Contact: Ben Smith Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202566-0816
FAX: 202566-0741
E-Mail: smith.ben@epamail.epa.gov
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM )
RIN: 2030-AA67
Title: Revisions to Acquisition Regulation Concerning Conflict of Interest
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/00/2008
12/00/2008
FR Cite
Additional Information: SAN No. 4319;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 5413; 54162; 5416; 5417; 562
Agency Contact: Marilyn Chambers Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202564-4398
FAX: 202 565-2475
E-Mail: chambers.marilyn@epa.gov
37
Government Levels Affected: No
Federalism: No
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Agency Contact: Daniel Humphries Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202 564-4377
FAX: 202 565-2552
E-Mail: Humphries.Daniel@epamail.epa.gov
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM ) RIN: 2030-AA88
Title: Security Requirements for Toxic Substances Control Act: Confidential Business Information Access for Contractors
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 48 CFR 1552; 48 CFR 1535 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 5 USC 301, sec 205 (c); 63 Stat 390, as amended; 40 USC 486 (c); 41 USC 418b
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/00/2008
02/00/2009
FR Cite
Additional Information: SAN No. 4904;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Lashawn Smith Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202564-1917
FAX: 202565-2475
E-Mail: smith.lashawn@epa.gov
Agency Contact: Scott Sherlock Environmental Protection Agency
Administration and Resources Management
7408M
Washington, DC 20460
Phone: 202564-8257
FAX: 202564-8251
E-Mail: sherlock.scott@epa.gov
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM ) RIN: 2030-AA89
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Monday, December 10, 2007
Unified Agenda
Title: Award Term Contracting
Abstract: The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPMR) 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.
Priority: Info./Admin /Other Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 48 CFR 1516; 48 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 41 USC 418(b); 5 USC 301, sec 205(c); 63 Stat 390, as amended
Legal Deadline: None
Timetable:
Action
NPRM
NPRM Comment Period End
Final Action
Date
10/04/2007
12/03/2007
07/00/2009
FR Cite
72 FR 56708
Additional Information: SAN No. 4903;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Marilyn Chambers Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202564-4398
FAX: 202565-2475
E-Mail: chambers.marilyn@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM )
RIN: 2030-AA90
Title: Accessibility Standards for Contract Deliverables (Section 508)
Abstract: This action will amend the Environmental Protection Agency Acquisition Regulation (EPAAR) to require
contractors to identify applicable accessibility (508) standards in contract deliverables.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 48 CFR 1511; 48 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 5 USC 301, sec 205(c); 41 USC 418(b)
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
09/00/2008
01/00/2009
FR Cite
Additional Information: SAN No. 4931;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
39
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Agency Contact: Larry Wyborski Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202564-4369
E-Mail: wyborski.larry@epamail.epa.gov
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM ) RIN: 2030-AA37
Title: Incorporation of Class Deviations Into EPAAR
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 48 CFR 1537; 48 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 40 USC 486(c)
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
01/00/2008
FR Cite
Additional Information: SAN No. 3580;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Frances Smith Environmental Protection Agency
Administration and Resources Management.
3802R
Washington , DC 20460
Phone: 202564-4368
FAX: 202565-2475
E-Mail: Smith.Frances@epamail.epa.gov
Environmental Protection Agency (EPA)
Administration and Resources Management ( ARM ) RIN: 2030-AA95
Title: EPA Green Meetings and Conferences
Abstract: Executive Order (EO) 13101 directs Federal agencies to identify and give preference to the purchase of green
products and services that pose fewer environmental burdens. EPA established a plan for the implementation of EO 13101.
The plan includes goals to: Increase and promote recycling, reduce materials entering waste streams, promote and achieve
increased preferential use of materials with recycled contents, and emphasize and increase the purchase and use of
environmentally preferable products. This action supports EPA's Green Meetings goal. The provision established in this action
will provide a framework to assist requisitioners in identifying and differentiating levels of environmental commitment and
responsibility among various service providers.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
40
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Unified Agenda
CFR Citation: 48 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations;
Legal Authority: sec 205(c), 63 Stat 390, as amended, 40 USC 486(c)
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
02/23/2007
04/12/2007
FR Cite
72 FR 8143
72 FR 18401
Additional Information: SAN No. 5148; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
GENERAL/2007/February/Day-23/g3114.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Tiffany Schermerhorn Environmental Protection Agency
Administration and Resources Management
3802R
Washington, DC 20460
Phone: 202564-9902
FAX: 202 565-2475
E-Mail: schermerhorn.tiffany@epa.gov
Agency Contact: Frances Smith Environmental Protection Agency
Administration and Resources Management
3802R
Washington , DC 20460
Phone: 202564-4368
FAX: 202565-2475
E-Mail: Smith.Frances@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD39
Title: Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
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
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 1700 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 33 USC 1322; 33 USC 1361
41
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Monday, December 10, 2007
Unified Agenda
Legal Deadline:
Action
Other
Source
Statutory
Date
05/10/2001
Timetable:
Action
NPRM
Final Action
Date
09/00/2008
12/00/2009
FR Cite
Additional Information: SAN No. 4357;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/waterscience/rules/
UNDS
Agency Contact: Brian Rappoli Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1548
FAX: 202566-1546
E-Mail: Rappoli.Brian@epa.gov
Agency Contact: Jonathan Amson Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1276
FAX: 202566-1546
E-Mail: Amson.Jonathan@epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: Yes
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD89
Title: Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 106-554, sec 1404 to 1407
Legal Deadline: None
Timetable:
42
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Monday, December 10, 2007
Unified Agenda
Action
NPRM
Final Action
Date
03/00/2008
01/00/2009
FR Cite
Additional Information: SAN No. 4746; This rule was formerly known as "Regulations for Cruise Ships Operating in
Alaskan Waters"
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 483114; 483112
Agency Contact: Elizabeth Kim Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1270
FAX: 202566-1546
E-Mail: Kim.Elizabeth@epamail.epa.gov
Agency Contact: David Redford Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1288
FAX: 202566-1546
E-Mail: Redford.David@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE69
Title: Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Abstract: In EPA's 2004 Effluent Guidelines Plan, we announced that we would begin development of a regulation to
control the pollutants discharged from airport deicing operations. Based on preliminary study and on public comments,
discharges from deicing operations have the potential to cause fish kills, algae blooms, and contamination to surface or ground
waters. A likely source of pollutants is aircraft deicing fluid (ADF) that is not properly recaptured, 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 402; CWA 501
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/00/2008
12/00/2009
FR Cite
43
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Monday, December 10, 2007
Unified Agenda
Government Levels Affected: Undetermined
Additional Information: SAN No. 4948; EPA Docket information: OW-2004-0038
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No Federalism: Undetermined
Energy Affected: No
RIN Information URL: www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler Environmental Protection Agency
Water
4303T
Washington , DC 20460
Phone: 202566-1026
FAX: 202566-1053
E-Mail: Strassler.eric@epa.gov
Agency Contact: Brian D'Amico Environmental Protection Agency
Water
1200 Pennsylvania Ave, NW
Washington, DC 20460
Phone: 202566-1069
E-Mail: DAmico.Brian@epa.gov
Environmental Protection Agency (EPA)
Water (WATER )
RIN: 2040-AE74
Title: Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: Undetermined
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 402; CWA 501
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/00/2008
01/00/2010
FR Cite
Additional Information: SAN No. 4949; EPA Docket information: OW-2004-0035
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local
Small Entities Affected: No Federalism: Undetermined
Energy Affected: No
44
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Monday, December 10, 2007
Unified Agenda
RIN Information URL: www.epa.gov/waterscience/guide/
dw/index.htm
Agency Contact: Tom Born Environmental Protection Agency
Water
4303T
Washington , DC 20460
Phone: 202566-1001
FAX: 202566-1053
E-Mail: Born.Tom@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE84
Title: Drinking Water Regulations for Aircraft Public Water System
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 141 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300f et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/00/2008
01/00/2009
FR Cite
Additional Information: SAN No. 4966;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: Undetermined
RIN Information URL: www.epa.gov/safewater/
airlinewater/index2.html
Agency Contact: Rick Naylor Environmental Protection Agency
Water
4606M
Washington, DC 20460
Phone: 202564-3847
FAX: 202564-3847
E-Mail: naylor.richard@epa.gov
Government Levels Affected: No
Federalism: Undetermined
45
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE89
Title: 2008 Effluent Guidelines Program 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
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)
Legal Deadline:
Action
Other
Source
Statutory
Date
12/21/2008
Timetable:
Action
Other
Comment Period End
Other
Date
10/30/2007
12/31/2007
09/00/2008
FR Cite
72 FR 6 1335
Additional Information: SAN No. 5064;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/guide/plan.html
Agency Contact: Carey Johnston Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1014
FAX: 202566-1053
E-Mail: Johnston.Carey@epamail.epa.gov
Agency Contact: Jan Matuszko Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1035
FAX: 202566-1053
E-Mail: Matuszko.Jan@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE93
Title: NPDES Vessel Vacatur
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Abstract: This action is necessary because EPA must address a District Court ruling (currently on appeal to the U.S. Court
of Appeals for the 9th Circuit) which vacates a regulatory exemption at 40 CFR 122.3(a). Northwest Environmental Advocates
v. U.S. Environmental Protection Agency (ND CA, C 03-5760 SI). The regulation excludes discharges incidental to the normal
operation of a vessel from NPDES permitting and has existed, essentially unchanged, since 1973. Unless overruled on appeal,
the Court's September 2006 ruling will vacate the entire exclusion as of September 30, 2008. As of September 30, 2008,
discharges of pollutants incidental to the normal operation of a vessel that had formerly been exempted from NPDES permitting
by the regulation will be subject to prohibitions in CWA § 301 (a) against the discharge of a pollutant without a permit.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 122.3 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Regulatory Plan:
Statement of Need: This action is necessary because EPA needs to address a District Court ruling (currently on appeal
to the U.S. Court of Appeals for the 9th Circuit) which vacates a regulatory exemption at 40 CFR 122.3(a). Northwest
Environmental Advocates v. U.S. Environmental Protection Agency (ND CA, C 03-5760 SI). The existing regulation excludes
discharges incidental to the normal operation of a vessel from NPDES permitting and has been on the books, essentially
unchanged, since 1973. The Court's September 2006 ruling will vacate the entire exclusion as of September 30, 2008.
Legal Basis: The legal basis is the Clean Water Act, 33 USC 1251 et seq.
Alternatives: Unknown.
Costs and Benefits: Unknown.
Risks: Unknown.
Timetable:
Action
Other
Other
Date
00/00/0000
01/00/2008
FR Cite
Additional Information: SAN No. 5162;
Regulatory Flexibility Analysis
Required: Undetermined Government Levels Affected: Undetermined
Small Entities Affected: No Federalism: Undetermined
Energy Affected: Undetermined
Agency Contact: Ruby Cooper Environmental Protection Agency
Water
4203M
Washington , DC 20460
Phone: 202564-0757
FAX: 202564-9544
E-Mail: cooper.ruby@epamail.epa.gov
Agency Contact: John Lishman Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1364
E-Mail: Lishman.John@epamail.epa.gov
47
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Environmental Protection Agency (EPA)
Water (WATER) RIN: 2040-AE94
Title: Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan
Abstract: This rulemaking is in response to the Second Circuit's February 28, 2005, decision in Waterkeeper Alliance v.
EPA, which vacated certain provisions of the 2003 Concentrated Animal Feeding Operations (CAFO) rule. Affected issues
include the 1) requirement that all CAFOs with a potential to discharge seek NPDES permit coverage, and 2) review and
enforceability of nutrient management plans (NMPs). This supplemental notice provides an alternative approach for identifying
the terms of the NMP to be incorporated into NPDES permits.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 122; 40 CFR 412 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/00/2007
08/00/2008
FR Cite
Additional Information: SAN No. 4996.3; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/2006/June/Day-30/w5773.htm; Split from RIN 2040-AE80.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: George Utting Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0744
E-Mail: Utting.George@epamail.epa.gov
Agency Contact: Rebecca Roose Environmental Protection Agency
Water
4203M
Washington , DC 20460
Phone: 202564-0758
E-Mail: Roose.Rebecca@epamail.epa.gov
Environmental Protection Agency (EPA)
Water ( WATER ) RIN: 2040-AD87
Title: NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment
Plants Serving Sanitary Sewer Collection Systems Policy
48
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: During periods of wet weather, wastewater flows received by municipal sewage treatment plants can significantly
increase, which can create operational challenges for sewage treatment facilities. Where peak flows approach or exceed the
design capacity of a treatment plant they can seriously reduce treatment efficiency or damage treatment units. In addition to
hydraulic concerns, wastewater associated with peak flows may have low organic strength, which can also decrease treatment
efficiencies. One engineering practice that some facilities use to protect biological treatment units from damage and to prevent
overflows and backups elsewhere in the system is referred to as wet weather blending. Wet weather blending occurs during
peak wet weather flow events when flows that exceed the capacity of the biological units are routed around the biological units
and blended with effluent from the biological units prior to discharge. Regulatory agencies, sewage treatment plant operators,
and representatives of environmental advocacy groups have expressed uncertainty about National Pollutant Discharge
Elimination System (NPDES) requirements addressing such situations. EPA requested public comment on a proposed policy
published on November 7, 2003. Based on a review of all the information received, EPA has decided not to finalize the policy
as proposed in November 2003. On December 22, 2005, EPA requested public comment on an alternative Peak Flows Policy
that is significantly different than the 2003 draft policy.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 122.41 (m) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1311; 33 USC 1318; 33 USC 1342; 33 USC 1361
Legal Deadline: None
Regulatory Plan:
Statement of Need: Regulatory agencies, municipal operators of wastewater facilities, and representatives of
environmental advocacy groups have expressed uncertainty about the appropriate regulatory interpretation for peak wet
weather diversions at publicly owned treatment works (POTW) treatment plants serving separate sanitary sewer collection
systems. This policy is needed to clarify NPDES permit requirements for such wet weather diversions and to ensure a
comprehensive regulatory approach reduces peak wet diversions.
Legal Basis: 33 USC 1251 et seq.
Alternatives: On November 7, 2003, EPA requested public comment on a proposed policy which would have provided an
alternative regulatory interpretation. Under the proposed interpretation in the November 7, 2003 proposed policy, a wet
weather diversion around biological treatment units that was blended with the wastewaters from the biological units prior to
discharge would not have been considered to constitute a prohibited bypass if the six criteria specified in the November 7,
2003 proposed policy were met. EPA received significant public comment on the proposed policy, including over 98,000
comments opposing the policy due to concerns about human health risks. On May 19, 2005, EPA indicated that after
consideration of the comments, the Agency had no intention of finalizing the 2003 proposal. On July 26, 2005, Congress
enacted the FY 2006 Department of the Interior, Environment, and Related Agencies Appropriations Act (Pub. L. 109-54).
Section 203 of the Appropriations Act provides that none of the funds made available in the Act could be used to finalize, issue,
implement or enforce the November 7, 2003 proposed blending policy. On December 22, 2005, EPA requested public
comment on an alternative Peak Flows Policy that is significantly different than the 2003 draft policy.
Costs and Benefits: The costs and benefits associated with this policy have not been evaluated.
Risks: The collection and treatment of municipal sewage and wastewater is vital to public health. During significant rain
events, high volumes of water entering a sewage collection system can overwhelm the collection system or treatment plant.
Operators of wastewater treatment plants must manage these high flows to both ensure the continued operation of the
treatment process and to prevent backups and overflows of raw wastewater in basements or city streets. The proposed policy
seeks to reduce public health risks by encouraging municipalities to make investments in ongoing maintenance and capital
improvements to improve their system's long-term performance.
Timetable:
Action
Other
Other
Other
Date
11/07/2003
12/22/2005
03/00/2008
FR Cite
68 FR 63042
70 FR 76013
49
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Monday, December 10, 2007
Unified Agenda
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal
Small Entities Affected: No Federalism: Undetermined
Energy Affected: No
RIN Information URL: www.epa.gov/npdes
Sectors Affected: 22132
Agency Contact: Kevin Weiss Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0742
FAX: 202564-6392
E-Mail: Weiss.kevin@epa.gov
Agency Contact: Mohammed Billah Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0729
FAX: 202564-0717
E-Mail: Billah.Mohammed@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD99
Title: Drinking Water Contaminant Candidate List 3
Abstract: The Safe Drinking Water Act (SDWA) as amended in 1996 requires EPA to publish a list every five 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 National Drinking Water Advisory Council (NDWAC), as applicable, and use an approach to identify and
narrow a very broad universe of potential contaminants into a smaller, more focused list for future CCLs.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300g-1(b)
Legal Deadline:
Action
Other
Source
Statutory
Date
02/24/2010
Timetable:
Action
Final Rule
Final Action
Date
02/00/2008
08/00/2009
FR Cite
Additional Information: SAN No. 4745;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: No
Federalism: No
50
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Monday, December 10, 2007
Unified Agenda
Energy Affected: No
RIN Information URL: www.epa.gov/safewater/ccl
Agency Contact: Thomas Carpenter Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-4885
FAX: 202564-3760
E-Mail: Carpenter.Thomas@epamail.epa.gov
Agency Contact: Eric Burneson Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-5250
FAX: 202 564-3760
E-Mail: Burneson.Eric@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE60
Title: Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water Contaminant
Candidate List
Abstract: The 1996 amendments to the Safe Drinking Water Act (SDWA) require EPA to publish a list of non-regulated
contaminants every five years, which may warrant regulation due to their health effects and their potential for occurrence in
public water systems (PWSs). The first 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority:
Legal Deadline:
42USC300g-1(b)
Action
Other
Source
Statutory
Date
07/18/2008
Timetable:
Action
Other
Other
Date
05/01/2007
07/00/2008
FR Cite
72 FR 2401 6
Additional Information: SAN No. 4821; EPA publication information: Preliminary Notice - http://www.epa.gov/fedrgstr/
EPA-WATER/2007/May/Day-01/w7539.pdf;
51
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Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/safewater/ccl/index.
html
Agency Contact: Yvette Selby-Mohamadu Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-5245
FAX: 202 564-3760
E-Mail: selby-mohamadu.yvette@epamail.epa.gov
Agency Contact: Wynne Miller Environmental Protection Agency
Water
4607M
Washington , DC 20460
Phone: 202564-4887
FAX: 202564-3760
E-Mail: miller.wynne@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER) RIN: 2040-AE80
Title: Concentrated Animal Feeding Operation Rule
Abstract: This rulemaking is in response to the Second Circuit's February 28, 2005, decision in Waterkeeper Alliance vs.
EPA, which vacated provisions in the Concentrated Animal Feeding Operations (CAFO) rule found at 40 CFR 412. Two
vacatures from the case affect the 1) duty that all CAFOs need to apply for an NPDES permit, and 2) provisions that nutrient
management plans (NMPs) need only be kept on-site. This rule would remove the duty to apply for all CAFOs and replace it
with a requirement for CAFOs to apply for a permit if they discharge or propose to. The 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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR Part 122; 40 CFR Part 412 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
Legal Deadline: None
Regulatory Plan:
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Statement of Need: EPA is revising the National Pollutant Discharge Elimination System (NPDES) permitting
requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs)
in response to the decision issued by the Second Circuit Court of Appeals in Waterkeeper Alliance v. EPA, 399 F.3d 486 (2nd
Cir. 2005), which vacated certain aspects of the 2003 CAFO rule and remanded other aspects for clarification. This rule
responds to the court's decision while furthering the statutory goal of restoring and maintaining the nation's water quality and
effectively ensuring that CAFOs properly manage manure generated by their operations.
Legal Basis: Congress passed the Federal Water Pollution Control Act (1972), also known as the Clean Water Act
(CWA), to "restore and maintain the chemical, physical, and biological integrity of the nation's waters" (33 U.S.C. 1251 (a)).
Among the core provisions, the CWA establishes the NPDES permit program to authorize and regulate the discharge of
pollutants from point sources to waters of the U.S. 33 U.S.C. 1342. Section 502(14) of the CWA specifically includes CAFOs in
the definition of the term "point source." Section 502(12) defines the term "discharge of a pollutant" to mean "any addition of
any pollutant to navigable waters from any point source" (emphasis added). EPA has issued comprehensive regulations that
implement the NPDES program at 40 CFR Part 122. The Act also provides for the development of technology-based and water
quality-based effluent limitations that are imposed through NPDES permits to control the discharge of pollutants from point
sources. CWA sections 301 (a) and (b).
Alternatives: Because this rulemaking is in response to the decision issued by the Second Circuit Court of Appeals in
Waterkeeper Alliance v. EPA vacating or remanding certain aspects of the 2003 CAFO rule, there are no non-regulatory
options that would satisfy the requirements of the court.
Costs and Benefits: Since there is no change in technical requirements, changes in impacts on respondents are
estimated to result exclusively from changes in the information collection burden. EPA estimates that CAFOs will experience a
net reduction in administrative burden of approximately $15.4 million due to the court decision. At the same time, however,
permitting authorities would have to bear a net $0.5 million annual increase in administrative burden. In total, the administrative
burden under the proposed rule is projected to decline to a total of approximately $64 million annually for both regulated
facilities and permit authorities, which constitutes a reduction of more than $14.9 million compared to the 2003 CAFO rule.
Risks: None
Timetable:
Action
NPRM
Final Action
Date
06/30/2006
01/00/2008
FR Cite
71 FR37744
Additional Information: SAN No. 4996; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/2006/June/Day-30/w5773.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: George Utting Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0744
E-Mail: Utting.George@epamail.epa.gov
Agency Contact: Rebecca Roose Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0758
E-Mail: Roose.Rebecca@epamail.epa.gov
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Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE86
Title: Water Transfers Rule
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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 122.3 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1251 et seq.
Legal Deadline: None
Regulatory Plan:
Statement of Need: This rulemaking is needed to clarify that NPDES permits are generally not required for water
transfers. In 2004, this question was presented before the Supreme Court in South Florida Water Management District v.
Miccosukee Tribe of Indians. The Court declined to rule directly on the issue and remanded it back to the District Court for
further deliberation, generating uncertainty among the potentially regulated community and other stakeholders.
Legal Basis: 33 USC 1251 et seq.
Alternatives: On August 5, 2005, EPA issued a legal memorandum entitled "Agency Interpretation on Applicability of
Section 402 of the Clean Water Act to Water Transfers." Based on the statute as a whole, this memo concluded that Congress
generally intended for water transfers to be subject to oversight by water resource management agencies and State non-
NPDES authorities, rather than the NPDES permitting program. The interpretive memo stated that the Agency would initiate a
rulemaking to this effect. The issuance of a rulemaking will provide the greatest certainty for stakeholders.
Costs and Benefits: There are no costs and benefits associated with this ruiemaking.
Risks: There are no risks associated with this rulemaking.
Timetable:
Action
NPRM
Final Action
Date
06/07/2006
01/00/2008
FR Cite
71 FR 32887
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/NPDES/agriculture
Agency Contact: Virginia Garelick Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-2316
FAX: 202 564-6384
E-Mail: Garelick.Virginia@epamail.epa.gov
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Unified Agenda
Agency Contact: Michael G Lee Environmental Protection Agency
Water
2355A
Washington, DC 20460
Phone: 202564-5486
FAX: 202 564-5531
E-Mail: lee.michaelg@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE87
Title: Implementation Guidance for Mercury Water Quality Criteria
Abstract: In the 2001 Federal Register notice of the availability of EPA's recommended water quality criterion for
methylmercury, EPA stated that it would develop associated procedures and guidance for implementing the criterion. For states
and authorized tribes exercising responsibility under CWA section 303(c), this document provides technical guidance on how
they might want to use the recommended 2001 fish tissue-based criterion to develop and implement their own water quality
standards for methylmercury. The guidance addresses topics including adoption and revision of standards, monitoring,
waterbody assessment, water quality standards issues, TMDL development, and NPDES permitting. Since atmospheric
deposition is considered to be a major source of mercury for many waterbodies, implementing this criterion involves
coordination across media and program areas.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1251 et seq
Legal Deadline: None
Regulatory Plan:
Statement of Need: The methylmercury criterion is expressed as a fish and shellfish tissue value, and this raises both
technical and programmatic implementation questions. Development of water quality standards, NPDES permits, and TMDLs
present challenges because these activities typically have been based on a water concentration (e.g., as a measure of
mercury levels in effluent). This guidance addresses issues associated with states and authorized tribes adopting a fish tissue-
based water quality criterion into their water quality standards programs and implementation of the revised water quality
criterion in TMDLs and NPDES permits. Further, because atmospheric deposition serves as a large source of mercury for
many waterbodies, implementation of the criterion involves coordination across media and program areas.
Legal Basis: N/A
Alternatives: N/A
Costs and Benefits: The costs and benefits associated with this guidance have not been evaluated.
Risks: N/A
Timetable:
Action
Other
Date
01/00/2008
FR Cite
Additional Information: SAN No. 5098; FDMS Docket number: Docket ID No. EPA-HQ-OW-2006-0656
Regulatory Flexibility Analysis Required: No Government Levels Affected: State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
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RIN Information URL: http://www.epa.gov/waterscience/
criteria/methylmercury
Agency Contact: Fred Leutner Environmental Protection Agency
Water
4305T
Washington , DC 20460
Phone: 202 566-0378
E-Mail: Leutner.fred@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-M94
Title: National Primary Drinking Water Regulations: Radon
Abstract: In 1999, EPA proposed regulations for radon which provide flexibility in how to manage the health risks from
radon in drinking water. The proposal was based on the unique framework in the 1996 SDWA. The proposed regulation would
provide for either a maximum contaminant level (MCL), or an alternative maximum contaminant level (AMCL) with a multimedia
mitigation (MMM) program to address radon in indoor air. Under the proposal, public water systems in States that adopted
qualifying MMM programs would be subject to the AMCL, while those in States that did not adopt such programs would be
subject to the MCL.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
,. . .. Unfunded Mandates: State, Local, Or Tribal
Major: Yes „ .
1 Governments
CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300f, et seq
Legal Deadline:
Action
Other
NPRM
Other
Source
Statutory
Statutory
Statutory
Date
02/06/1999
08/06/1999
11/02/2000
Timetable:
Action
ANPRM
Other
Other
NPRM
Final Action
Date
09/30/1986
07/18/1991
02/26/1999
11/02/1999
05/00/2009
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
Additional Information: SAN No. 2281; EPA publication information: NPRM - http://www.epa.gov/ogwdw/radon/proposal.
html; EPA Docket information: EPA-HQ-OW-2003-0041
Regulatory Flexibility Analysis Government Levels Affected: Federal; Local; State;
Required: Business; Governmental Jurisdictions Tribal
Federalism: Yes
Energy Affected: No
RIN Information URL: www.epa.gov/ogwdw/radon.html
Sectors Affected: 22131
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Agency Contact: Rebeccak Allen Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-4689
FAX: 202 564-3760
E-Mail: Allen.Rebeccak@epamail.epa.gov
Agency Contact: Eric Burneson Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-5250
FAX: 202 564-3760
E-Mail: Burneson.Eric@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AB85
Title: Shore Protection Act, Section 4103(b) Regulations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 2601 "Shore Protection Act of 1988"; PL 100-688 "4103(b)"
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
08/30/1994
FR Cite
59 FR 44798
Additional Information: SAN No. 2820;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: No
Government Levels Affected: Federal; Local
Federalism: No
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Agency Contact: David Redford Environmental Protection Agency
Water
4504T
Washington, DC 20460
Phone: 202566-1288
FAX: 202566-1546
E-Mail: Redford.David@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AC13
Title: National Primary Drinking Water Regulations: Aldicarb
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/l, 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300f et seq
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 3238;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business; Governmental
Jurisdictions; Organizations
Energy Affected: No
Sectors Affected: 22131
Agency Contact: Dan Olson Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-5239
FAX: 202564-3760
E-Mail: olson.daniel@epa.gov
Government Levels Affected: Federal; State; Local;
Tribal
Federalism: Undetermined
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AC84
Title: NPDES Applications Revisions
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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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 122; 40 CFR 123; 40 CFR 124 (To search for a specific CFR, visit the Code of Federal
Regulations)
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
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 3786; EPA publication information: Final Action-projected date;
„ . . ... ...... . . . _ .... Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I nodi
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Ruby Cooper Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0757
FAX: 202 564-9544
E-Mail: cooper.ruby@epamail.epa.gov
Agency Contact: Tom Laverty Environmental Protection Agency
Water
4203M
Washington , DC 20460
Phone: 202564-7974
FAX: 202564-9544
E-Mail: Laverty.Tom@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER) RIN: 2040-AC93
Title: Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
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Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations!
Legal Authority: 33 USC 1314; 33 USC 1361 (a)
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
03/28/1997
FR Cite
62 FR 14975
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 3713; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/1997/March/Day-28/w7221.htm;
Government Levels Affected: Federal; State; Local;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Richard Reding Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-2237
FAX: 202566-1053
E-Mail: Reding.Richard@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD02
Title: NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite
Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
Abstract: EPA is considering whether to develop a notice of rulemaking outlining a broad-based regulatory framework for
sanitary sewer collection systems under the NPDES program. The Agency is considering proposing standard permit conditions
for inclusion in permits for publicly owned treatment works (POTWs) and municipal sanitary sewer collection systems. The
standard requirements would address reporting, public notification, and recordkeeping requirements for sanitary sewer
overflows (SSOs), capacity assurance, management, operation and maintenance requirements for municipal sanitary sewer
collection systems; and a prohibition on SSOs. The Agency is also considering proposing a regulatory framework for applying
NPDES permit conditions, including applicable standard permit conditions, to municipal satellite collection systems. Municipal
satellite collection systems are sanitary sewers owned or operated by a municipality that conveys wastewater to a POTW
operated by a different municipality.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 122.38; 40 CFR 122.41; 40 CFR 122.42 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 33 USC 1311 CWA 301; 33 USC 1314 CWA 304; 33 USC 1318 CWA 308; 33 USC 1342 CWA402; 33
USC 1361 CWA 501 (a)
Legal Deadline: None
Timetable:
Action
Final Action
Date
00/00/0000
FR Cite
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Government Levels Affected: Local; State; Tribal
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."
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined
Energy Affected: No
RIN Information URL: www.epa.gov/npdes
Sectors Affected: 22132
Agency Contact: Kevin Weiss Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0742
FAX: 202564-6392
E-Mail: Weiss.kevin@epa.gov
Agency Contact: Jennifer Malloy Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-6392
FAX: 202564-6392
E-Mail: malloy.jennifer@epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD09
Title: Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under
the Clean Water Act
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 33 USC 1314; 33 USC 1361 (a)
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No 4049;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal; State; Local;
Tribal
Federalism: No
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Unified Agenda
Energy Affected: No
RIN Information URL: http://www.epa.gov/waterscience/
methods
Agency Contact: Richard Reding Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-2237
FAX: 202566-1053
E-Mail: Reding.Richard@epamail.epa.gov
Agency Contact: Brian Englert Environmental Protection Agency
Water
4303T
Washington , DC 20460
Phone: 202 566-0754
FAX: 202566-1053
E-Mail: Englert.Brian@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD40
Title: Underground Injection Control: Update of State Programs
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.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 147 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300h-1"SDWA 1422"; 42 USC 300h-4"SDWA 1425"
Legal Deadline: None
Timetable:
Action
Other
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4236;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; State
Federalism: No
62
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Robert-Eu Smith Environmental Protection Agency
Water
4606M
Washington, DC 20460
Phone: 202564-3895
FAX: 202564-3756
E-Mail: Smith.Robert-Eu@epamail.epa.gov
Agency Contact: Jeff Jollie Environmental Protection Agency
Water
WTR9
Washington, DC 20460
Phone: 202564-3886
FAX: 415947-3549
E-Mail: Jollie.Jeff@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD54
Title: National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and Technical
Corrections to the NSDWR
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 Agency is revising the health assessment for MTBE.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 143 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USCSOOfetseq
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 4404;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 22131
Agency Contact: Irene Dooley Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-4699
FAX: 202564-3760
E-Mail: dooley.irene@epamail.epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD94
Title: National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements
and Consideration of Distribution System Issues
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 and to consider how to address distribution
system contamination issues. 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. EPA has also convened a Federal
Advisory Committee to address the TCR revisions and to consider distribution system issues.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Unfunded Mandates: State, Local, Or Tribal
Governments; Private Sector
CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300f et seq
Legal Deadline: None
Timetable:
Major: Undetermined
Action
NPRM
Final Action
Date
04/00/2010
10/00/2012
FR Cite
Additional Information: SAN No. 4775;
Regulatory Flexibility Analysis
Required: Business; Governmental Jurisdictions
Federalism: Undetermined
Energy Affected: Undetermined
RIN Information URL: www.epa.gov/safewater/tcr/tcr.
html
Agency Contact: Kenneth Rotert Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone; 202564-5280
FAX; 202564-3767
E-Mail: Rotert.Kenneth@epamail.epa.gov
Agency Contact: Yu-ting Guilaran Environmental Protection Agency
Water
4607M
Washington , DC 20460
Phone: 202564-1154
FAX: 202 564-3767
E-Mail: Guilaran.Yu-ting@epamail.epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
64
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Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE61
Title: Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
Abstract: Several years ago, OW conducted a comprehensive review of effluent guidelines and removed from the Code of
Federal Regulations (CFR) provisions contained in a number of regulations that were obsolete or redundant (FR 60 33926, Jun.
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 which would be recodified by this
action is Petroleum Refining (part 419). The revisions would also expand the list of general definitions in section 401.11.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 401; 40 CFR 419 (To search for a specific CFR, visit the Code of Federal Regulations)
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
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 4822;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Debra Nicoll Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1020
FAX: 202566-1053
E-Mail: Nicoll.Debra@epa.gov
Government Levels Affected: Federal; Local; State
Federalism: No
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE77
Title: New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 304(a)(9)
Legal Deadline:
65
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Action
Other
Source
Statutory
Date
10/05/2005
Timetable:
Action
Other
Other
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 4967;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Stephen Schaub Environmental Protection Agency
Water
4304T
Washington, DC 20460
Phone: 202566-1126
FAX: 202566-1126
E-Mail: stephen.schaub@epa.gov
Government Levels Affected: State; Tribal
Federalism: No
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE82
Title: Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing Process
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 414 (Revision); 40 CFR 415 (Revision) (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 30 USC 1311 etseq
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
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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
Regulatory Flexibility Analysis Government Levels Affected: Undetermined
Required: Undetermined
Small Entities Affected: Business Federalism: Undetermined
Energy Affected: Undetermined
RIN Information URL: www.epa.gov/waterscience/guide/
cch/
Agency Contact: Samantha Lewis Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1058
FAX: 202566-1053
E-Mail: lewis.samantha@epa.gov
Agency Contact: Paul Shriner Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1076
FAX: 202566-1053
E-Mail: shriner.paul@epa.gov
Environmental Protection Agency (EPA)
Water ( WATER ) RIN: 2040-AE88
Title: Availability of and Procedures for Removal Credits
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 403 (To search for a specific CFR, visit the Code of Federal Regulations )
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
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Final Action
Date
10/14/2005
01/00/2010
01/00/2011
FR Cite
70 FR 601 99
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
67
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Energy Affected: No
Agency Contact: Jennifer Chan Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0995
FAX: 202564-6431
E-Mail: Chan.Jennifer@epa.gov
Agency Contact: Jan Pickrel Environmental Protection Agency
Water
4203M
Washington , DC 20460
Phone: 202564-7904
FAX: 202 564-6431
E-Mail: Pickrel.Jan@epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE90
Title: Second 6-Year Review of Existing National Primary Drinking Water Regulations
Abstract: The Safe Drinking Water Act (SDWA) requires EPA to review and revise, if appropriate, all National Primary
Drinking Water Regulations (NPDWRs) no less frequently than once every six years. According to SDWA, any revisions of
drinking water regulations must maintain, or increase, the level of public health protection provided; however, EPA may identify
regulatory changes that will streamline or reduce existing requirements without lessening the level of public health protection.
As part of this action, the Office of Water (OW) will implement the existing protocol for conducting each 6-year review
(developed under the first six 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 300f et seq
Legal Deadline:
Action
Other
Source
Statutory
Date
08/06/2009
Timetable:
Action
Other
Other
Date
03/00/2009
07/00/2010
FR Cite
Additional Information: SAN No. 5066;
Regulatory Flexibility Analysis Required: No
Government Levels Affected: No
68
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Unified Agenda
Small Entities Affected: No
Energy Affected: No
Agency Contact: Karen Wirth Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-5246
FAX: 202564-3760
E-Mail: Wirth.Karen@epamail.epa.gov
Agency Contact: Rajiv Khera Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-4881
FAX: 202564-3760
E-Mail: Khera.Rajiv@epamail.epa.gov
Federalism: No
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE91
Title: Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301; CWA 304; CWA 306; CWA 501
Legal Deadline:
Action
Other
NPRM
Other
Source
Judicial
Judicial
Judicial
Date
12/01/2007
12/01/2008
12/01/2009
Timetable:
Action
NPRM
Final Action
Date
12/00/2008
12/00/2009
FR Cite
Additional Information: SAN No 5119;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Jesse Pritts Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1038
FAX: 202566-1053
E-Mail: Pritts.Jesse@epamail.epa.gov
Agency Contact: Eric Strassler Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1026
FAX: 202566-1053
E-Mail: Strassler.eric@epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AD49
Title: Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
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. The December 2006 Effluent
Guidelines Plan clarified that EPA is not proceeding with a national rulemaking but will instead provide assistance to the States
to address any concerns with discharges from these facilities.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 430.10 to 430.18; 40 CFR 430.40 to 430.48 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 33 USC 1311; 33 USC 1314; 33 USC 1316; 33 USC 1317; 33 USC 1318; 33 USC 1342; 33 USC 1361
Legal Deadline: None
Timetable:
Action
NPRM
Withdrawn
Date
12/17/1993
08/27/2007
FR Cite
58 FR 66078
Additional Information: SAN No. 4370;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/waterscience/
pulppaper/reg.html
Sectors Affected: 3221
Government Levels Affected: Federal; State
Federalism: No
70
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Donald Anderson Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1021
FAX: 202566-1053
E-Mail: Anderson.DonaldF@epamail.epa.gov
Agency Contact: Ahmar Siddiqui Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202566-1044
FAX: 202566-1053
E-Mail: Siddiqui.Ahmar@epamail.epa.gov
Environmental Protection Agency (EPA)
Water (WATER)
RIN: 2040-AE83
Title: National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revisions and Clarifications
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,
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: SDWA; 42 USC sec 300f et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/18/2006
10/10/2007
FR Cite
71 FR 40828
72 FR 57781
Additional Information: SAN No. 4981; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/2006/July/Day-18/w6250.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State
Small Entities Affected: Governmental Jurisdictions Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/safewater/lcrmr/
71
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Agency Contact: Jeffrey Kempic Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202564-4880
E-Mail: Kempic.jeffrey@epa.gov
Environmental Protection Agency (EPA)
Water (WATER) RIN: 2040-AE92
Title: Concentrated Animal Feeding Operations-Amendment to the Compliance Dates
Abstract: While EPA is currently making revisions to the 2003 CAFO regulations in light of the 2005 Second Circuit Court of
Appeals in Waterkeeper Alliance etal.v. EPA, 399 F.3d 486, this separate, expedited rule is necessary in order to: 1) Ensure
that permit application deadlines are subsequent to final rule revisions; and 2) make the permit application and the nutrient
management plan (NMP) due dates coincidental in response to the court's decision.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 122; 40 CFR 412 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CWA 301, 304, 306, 307, 308,402, 501
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
05/10/2007
07/24/2007
FR Cite
72 FR 26582
72 FR 40245
Additional Information: SAN No. 4996.2; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/2007/May/Day-10/w9027.pdf; Split from RIN 2040-AE80.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Related RINs: Split From 2040-AE80
Agency Contact: George Utting Environmental Protection Agency
Water
4203M
Washington , DC 20460
Phone: 202564-0744
E-Mail: Utting.George@epamail.epa.gov
Agency Contact: Gregory Beatty Environmental Protection Agency
Water
4203M
Washington, DC 20460
Phone: 202564-0724
E-Mail: Beatty.Gregory@epamail.epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AC71
Title: RCRA Subtitle C Financial Test Criteria Regulatory Determination
72
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Monday, December 10, 2007
Unified Agenda
Abstract: The RCRA subtitle C financial test is one of several mechanisms available to the regulated community for
demonstrating financial assurance for closure/post-closure of their facilities. EPA decided at the end of the second quarter of
FY 2007 to analyze whether regulatory changes are needed to ensure the test's continued and effective use. Test criteria have
not been updated since promulgation in 1982. Concerns have been raised that the criteria are outdated and no longer
adequately predict a company's continued solvency, such that some States are not allowing companies to use the test,
reducing the number of mechanisms that are available. Although action external to EPA has been taken (e.g., passage of
Sarbanes-Oxley Act) to address this market failure, the perception of a problem remains and continues to drive some States'
behavior. Providing the regulated community with a strong and effective financial test is an important regulatory function. In the
absence of EPA taking action to analyze the issues and make changes, as appropriate, the availability of the test as a financial
assurance mechanism will likely continue to be restricted. Therefore, we believe it is important to address this now so as to
assure the continued availability of the financial test, thereby saving costs that would be incurred if an alternate mechanism had
to be obtained or closure/post-closure activities were delayed. Additionally, some language in the financial test reporting
requirements is no longer consistent with current professional standards under Generally Acceptable Accounting Principles.
Addressing this inconsistency would facilitate implementation by regulators who may not have appropriate expertise to
adequately review detailed financial information submissions. There are three options that EPA is considering. After analyzing
these options, EPA may decide to proceed with a rulemaking utilizing these options either independently or in combination. If
so, EPA will issue a new proposed rule. The three options are briefly described below: (1) Undertake targeted rulemaking to
address documentation and reporting issues, particularly with respect to "negative assurance" language, as well as other
implementation issues. (2) Undertake rulemaking to propose adding a ratings requirement to Alternative I of the financial test.
[Note: This was the recommendation of the Environmental Financial Advisory Board (EFAB).] (3) Undertake rulemaking to
propose adopting the financial test criteria that were promulgated as part of the standardized permit rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 264; 40 CFR 265; 40 CFR 280; 40 CFR 761 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 6912(a); 42 USC 6924; 42 USC 6925; 42 USC 6926
Legal Deadline: None
Timetable:
Action
Other
NPRM
Other
Date
07/01/1991
10/12/1994
09/00/2008
FR Cite
56 FR 30201
59 FR 51523
Government Levels Affected: No
Federalism: No
Additional Information: SAN No. 2647;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 325188; 325199; 33299; 333999; 325998; 336399; 331311; 4411; 323110; 334; 22111; 332813;
325193; 221112; 45431; 4471; 811111; 32512; 325131; 33271; 56292; 333319; 32551; 32511; 42271; 32411; 325211;
323114; 22132; 48422; 311942; 336; 56211; 56221
Agency Contact: Tricia Buzzell Environmental Protection Agency
Solid Waste and Emergency Response
5303P
Washington, DC 20460
Phone: 703308-8622
FAX: 703308-8609
E-Mail: buzzell.tricia@epa.gov
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Unified Agenda
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AD75
Title: National Priorities List for Uncontrolled Hazardous Waste Sites
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 300.425 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 9605
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Final Action
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Date
03/06/1998
03/06/1998
07/28/1998
07/28/1998
09/18/1998
09/29/1998
09/29/1998
01/19/1999
01/19/1999
02/16/1999
04/23/1999
05/10/1999
05/10/1999
07/22/1999
07/22/1999
09/17/1999
10/22/1999
10/22/1999
02/04/2000
02/04/2000
05/11/2000
05/11/2000
07/27/2000
07/27/2000
08/24/2000
12/01/2000
12/01/2000
01/11/2001
06/14/2001
06/14/2001
09/13/2001
09/13/2001
02/26/2002
09/05/2002
09/05/2002
74
FR Cite
63 FR 11 332
63 FR 11 340
63 FR 401 82
63 FR 40247
63 FR 49855
63 FR 51 848
63 FR 51882
64 FR 2942
64 FR 2950
64 FR 7564
64 FR 19968
64 FR 24990
64 FR 24949
64 FR 39878
64 FR 39886
64 FR 50459
64 FR 56992
64 FR 56966
65 FR 5435
65 FR 5468
65 FR 30482
65 FR 30489
65 FR 46096
65 FR 461 31
65 FR 51 567
65 FR 751 79
65 FR 7521 5
66 FR 2380
66 FR 32235
66 FR 32287
66 FR 47583
66 FR 4761 2
67 FR 8836
67 FR 56757
67 FR 56794
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Monday, December 10, 2007
Unified Agenda
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
10/24/2002
04/30/2003
04/30/2003
09/29/2003
03/08/2004
07/23/2004
08/13/2004
09/23/2004
09/23/2004
02/11/2005
04/27/2005
04/27/2005
09/14/2005
09/14/2005
04/19/2006
04/19/2006
09/27/2006
09/27/2006
03/07/2007
03/07/2007
09/19/2007
09/19/2007
03/00/2008
03/00/2008
67 FR 6531 5
68 FR 23077
68 FR 23094
68 FR 55875
69 FR 10646
69 FR 43755
69 FR 501 15
69 FR 56949
69 FR 56970
70 FR 71 84
70 FR 21 644
70 FR 21718
70 FR 54286
70 FR 54327
71 FR 20016
71 FR 20052
71 FR 56399
71 FR 56433
72 FR 10078
72 FR 10105
72 FR 53463
72 FR 53509
Additional Information: SAN No. 3439; EPA publication information: NPRM 24-24; EPA Docket information: www.
regulations.gov EPA-HQ-SFUND-2006-XXXX
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/superfund
Agency Contact: Terry Jeng Environmental Protection Agency
Solid Waste and Emergency Response
5204G
Washington, DC 20460
Phone: 703603-8852
FAX: 703603-9104
E-Mail: jeng.terry@epa.gov
Agency Contact: Victoria Roden Environmental Protection Agency
Solid Waste and Emergency Response
5204G
Washington, DC 20460
Phone: 703603-8833
FAX: 703603-9104
E-Mail: vanroden.victoria@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE34
75
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Unified Agenda
Title: Management of Cement Kiln Dust (CKD)
Abstract: In December 1993, EPA submitted a report to Congress with its findings on the nature and management practices
associated with cement kiln dust (CKD). In 1995, EPA determined that some additional control of CKD was needed and
published a regulatory determination (60 FR 7366, 2/7/95). On August 20,1999, EPA issued a proposed rule (64 FR 45632)
outlining the Agency's preferred regulatory approach (i.e., an exemption from hazardous waste listing for properly managed
CKD) and several optional approaches including requirements solely under RCRA subtitle D. On July 25,2002, the Agency
published a notice (67 FR 48648) to announce the availability for public inspection and comment of recently acquired data on
CKD. The Agency continues to consider 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 three to five years. Based on this
assessment, EPA would 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 256; 40 CFR 259; 40 CFR 261; 40 CFR 264 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 6912(a) RCRA 2002(a); 42 USC 6921 (a) RCRA 3001 (a)
Legal Deadline: None
Timetable:
Action
Other
NPRM
Other
Other
Other
Other
Final Action
Date
02/07/1995
08/20/1999
10/28/1999
07/25/2002
11/08/2002
05/00/2008
04/00/2009
FR Cite
60 FR 7366
64 FR 45632
64 FR 58022
67 FR 48648
67 FR 681 30
Additional Information: SAN No. 3856; EPA publication information: Regulatory Determination-Regulatory
Determination;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 32731
Agency Contact: Jana Englander Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703308-8711
FAX: 703605-0595
E-Mail: Englander.Jana@epamail.epa.gov
Agency Contact: Steve Souders Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703308-8431
FAX: 703605-0595
E-Mail: Souders.Steve@epa.gov
76
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Unified Agenda
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AF08
Title: 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
Abstract: EPA is considering an alternative approach for the threshold planning quantity (TPQ) for chemicals on the
Extremely Hazardous Substances (EHS) List that are handled as solids in solution. The 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 355 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC1102
Legal Deadline: None
Timetable:
Action
NPRM
Date
07/00/2008
FR Cite
Additional Information: SAN No. 4753;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Kathy Franklin Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington , DC 20460
Phone: 202564-7987
FAX: 202564-2625
E-Mail: Franklin.Kathy@epa.gov
Agency Contact: Sicy Jacob Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington , DC 20460
Phone: 202564-8019
FAX: 202 564-2625
E-Mail: jacob.sicy@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG16
Title: Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
77
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Unified Agenda
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 address a variety of issues
associated with the July 2002 SPCC final rule.
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1321
Legal Deadline: None
Regulatory Plan:
Statement of Need: The proposed rule is necessary to clarify the regulatory obligations of SPCC facility owners and
operators and to reduce the regulatory burden where appropriate.
Legal Basis: 33 USC 1321 et seq.
Alternatives: EPA considered alternative options for various aspects of this proposed rule, following receipt of public
comments, and through logical outgrowth of previously considered alternatives. Alternative options included (1) exempting
asphalt cement containers from the requirements of the SPCC rule; (2) exempting farms of a certain storage capacity, where
the exact storage capacity has not been specified; (3) providing an exemption only for residential heating oil containers located
at farms; (4) providing the same relief as in the preferred option to owners and operators of qualified facilities with total oil
storage capacities of 5,000 gallons or less; (5) giving the option wherein owners and operators of new production facilities
would be allowed one year after the start of operations to prepare and implement an SPCC Plan; (6) allowing the facilities to
choose between a flowline maintenance program with a contingency plan (as in the proposed amendments) and providing a
method of secondary containment for flowlines and intra-facility gathering lines; (7) regulatory alternatives for oil production
facilities that have wells that produce 10 barrels or less of crude oil per day and are known as "stripper wells."
Costs and Benefits: At the 7 percent discount rate, the proposed amendments to the SPCC rule are expected to yield
annualized cost savings of approximately $7 million from the proposed exemption of hot-mix asphalt containers, $4 million from
the proposed changes for exempting pesticide application equipment, $2 million from the proposed exemption of residential
heating oil containers, $251 million from the proposed amendments to the definition of facility, $1 million from the proposed
clarification to the facility diagram requirements, $48 million from the proposed revision to the loading rack definition, $24
million from the streamlined requirements for Tier 1 qualified facilities, $7 million from the proposed amendments to the
security requirements, $9 million from the amendments to integrity testing requirements, $2 million for owners and operators of
AFVO facilities, $25 million for owners and operators of production facilities from the six-month delay in SPCC Plan preparation
and implementation, and $8 million from exemption of flow-through process vessels from sized secondary containment.
Additional benefits of this rule were not quantified because the impact of the rule on human health and environment are
expected to be marginal. The principal effect of the proposed amendments would be lower compliance costs for owners and
operators of certain types of facilities and equipment.
Risks: In the absence of quantitative information on the change in risk related to the specific proposed amendments, EPA
conducted a qualitative assessment, which suggests that the proposed amendments will not lead to a significant increase in oil
discharge risk.
Timetable:
Action
Other
Other
Other
Other
Other
NPRM
NPRM Comment Period End
Final Action
Date
05/25/2004
06/17/2004
08/11/2004
09/20/2004
09/20/2004
10/15/2007
12/14/2007
10/00/2008
FR Cite
69 FR 29728
69 FR 34014
69 FR 48794
69 FR 56182
69 FR 561 84
72 FR 58377
78
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Monday, December 10, 2007
Unified Agenda
Additional Information: SAN No. 2634.2; Split from RIN 2050-AC62.
_ , . _. ...... . . . _ . . .. Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I TIDdl
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oilspill/spcc.htm
Agency Contact: Hugo Fleischman Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1968
FAX: 202564-2625
E-Mail: fleischman.hugo@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG29
Title: NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors
(Solicitation of Comment on Legal Analysis)
Abstract: On October 12, 2005, pursuant to section 112 (d) of the Clean Air Act, EPA issued national emission standards
for hazardous air pollutants (NESHAP) emitted by various types of hazardous waste combusters. EPA subsequently granted
reconsideration petitions relating to certain issues presented by the rules, but has not yet issued a final determination on
reconsideration. (See SAN 5047.1 (RIN 2050-AG35) for the specific citations of this overall effort). Following the close of the
comment period on the proposed reconsideration rule, the United States Court of Appeals for the District of Columbia Circuit
has issued two opinions construing section 112 (d) of the Clean Air Act, and one of those opinions has called into question the
legality of some of the standards for hazardous waste combusters. This notice will discuss the standards that EPA promulgated
in October 2005, and specifically identify which standards EPA believes are consistent with the Act and case law, and which
standards are not and need to reexamined through a subsequent rulemaking. With respect to those standards EPA intends to
retain, this notice will indicate the portions of the rationale upon which EPA intends to rely, and which portions EPA would no
longer rely upon as a justification for the standards. EPA will seek public comment on this analysis. EPA will also place edited
versions of various support documents in the public docket, edited to remove portions of the rationale on which EPA no longer
plans to rely, and seek public comment on these edits. EPA will also seek public comment on its revised response to public
comment on whether hydrogen chloride and chlorine are pollutants with a threshold level of exposure for purposes of section
112 (d) (4) of the Act.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7412; 42 USC 7414
Legal Deadline: None
Timetable:
Action
Notice
Commend Period Extended
Date
09/27/2007
11/00/2007
FR Cite
72 FR 54875
Additional Information: SAN No. 5047; See SAN 5047.1 (RIN 2050-AG35) for the reconsideration rulemaking efforts.;
EPA Docket information: EPA-HQ-OAR-2004-0022
Government Levels Affected: Federal; State; Tribal
Federalism: No
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
79
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RIN Information URL: 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: 703308-8433
E-Mail: Behan.Frank@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG34
Title: Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements for Spent
Petroleum Refining Hydrotreating and Hydrorefining Catalysts
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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261; 40 CFR 266; 40 CFR 268 (To search for a specific CFR, visit the Code of Federal
Regulations)
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
Legal Deadline: None
Regulatory Plan:
Statement of Need: The purpose of this proposed rule, as described in the abstract, is to respond to a rulemaking
petition. EPA believes that the petitioners have made suitably credible arguments that the existing requirements for treating
and disposing of certain refinery wastes may need adjusting, thus this proposal. In addition, regarding the recycling part of this
action (again, described in the abstract above) EPA determined that exploring ways to encourage the recycling of these spent
catalysts safely has merit.
Legal Basis: There is no court order requiring this action.
Alternatives: EPA decided that the alternative of not proposing this rule was not the option of choice. See Statement of
Need. Further evaluation of alternatives may occur during the development of this action; currently in the early stages of
development.
Costs and Benefits: No formal cost/benefit analysis has been performed to date.
Risks: This rule is responding to a petition that alleges EPA's current rules do not adequately address the risk to human
health and the environment associated with the disposal of spent refinery catalysts. EPA is currently trying to better understand
the risk issues. At this time, this is undetermined.
Timetable:
80
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Monday, December 10, 2007
Unified Agenda
Action
Other
NPRM
Date
10/20/2003
06/00/2008
FR Cite
68 FR 59935
Additional Information: SAN No. 5070; EPA publication information: Notice of Data Availability - http://www.epa.gov/
fedrgstr/EPA-WASTE/2003/November/Day-24/f29319.htm;; EPA Docket information: Legacy Docket No. RCRA-2003-0023 for
10/20/03 NODA
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Ross Elliott Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8748
FAX: 703308-7903
E-Mail: Elliott.Ross@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG37
Title: CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Abstract: Since the Agency does not expect to respond to certain releases from farms and in an effort to ensure that
National Response Center resources are used efficiently, EPA is considering a rulemaking proposing to exempt from the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) notification requirements air releases of
hazardous substances from animal waste. As part of this evaluation, EPA does not anticipate exempting releases of hazardous
substances to water from animal waste, 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. The Emergency Planning
and Community Right-to-Know Act (EPCRA) emergency notification requirements to State emergency response commissions
(SERCs) and local emergency planning committees (LEPCs) are linked by statute to the CERCLA notification requirements.
This rulemaking will also address those EPCRA emergency notification requirements.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 302; 40 CFR 355 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 9603; 42 USC 11004
Legal Deadline: None
Timetable:
Action
NPRM
Date
01/00/2008
FR Cite
Additional Information: SAN No. 5117;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; Local; State
Federalism: No
81
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Unified Agenda
Agency Contact: Lynn Beasley Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1965
FAX: 202564-2625
E-Mail: beasley.lynn@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG39
Title: Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Abstract: This action will propose adding hazardous pharmaceutical 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. Expansion of the universal waste system to include hazardous pharmaceutical wastes will protect
public health and the environment by providing a more streamlined but effective waste management system. Due to the
simplified requirements, this action will also provide regulatory relief to health care facilities, retail pharmacies, veterinary clinics
and any other entities that generate hazardous pharmaceutical wastes. The inclusion of hazardous pharmaceutical wastes in
the universal waste rule is expected to provide relief in the management of P-listed Pharmaceuticals by simplifying current
requirements of large quantity generators. Also, we anticipate that the rule will encourage health care personnel to manage
other 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 pharmaceutical
take-back programs so that these wastes can be properly managed.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 273 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 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 6937
Legal Deadline: None
Timetable:
Action
NPRM
Date
12/00/2008
FR Cite
Additional Information: SAN No. 5127;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Lisa Lauer Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-7418
FAX: 703308-0514
E-Mail: Lauer.Lisa@epa.gov
Government Levels Affected: Local; State
Federalism: No
82
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Patricia Mercer Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8408
FAX: 703308-0522
E-Mail: mercer.patricia@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE17
Title: Emergency Planning and Community Right-to-Know Act: Amendments to Parts 355 and 370
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 355; 40 CFR 370 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048; 42 USC 11021; 42 USC 11022
Legal Deadline: None
Timetable:
Action
NPRM
Other
Date
06/08/1998
04/00/2008
FR Cite
63 FR 31 268
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 3215; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/June/Day-08/f14490.htm;
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Sicy Jacob Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington , DC 20460
Phone: 202564-8019
FAX: 202564-2625
E-Mail: jacob.sicy@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER
RIN: 2050-AE51
Title: Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
83
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Monday, December 10, 2007
Unified Agenda
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. 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. EPA completed a risk analysis to evaluate the risks to human health and the environment if solvent-
contaminated wipes or laundry sludge were allowed to be disposed in a municipal solid waste landfill. When finalized, this
regulation would provide regulatory relief for two types of solvent-contaminated wipes: (1) Wipes disposed of in a landfill or by
combustion after use, and (2) wipes which are laundered after use to remove the solvent and then are used again. EPA
proposed to conditionally exclude disposed wipes from the definition of hazardous waste and to conditionally exclude laundered
wipes from the definition of solid waste. The regulation, if finalized, is estimated to result in $28 million to $72 million in net
benefits throughout the economy and has been developed with conditions to ensure that management of these solvents
remains protective of human health and the environment.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6921
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Other
Date
00/00/0000
11/20/2003
03/00/2008
FR Cite
68 FR 65586
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/epaoswer/hazwaste/
id/solvents/wipes.htm
Sectors Affected: 325; 334; 332; 337; 333; 441; 812; 323; 811; 336
Agency Contact: Teena Wooten Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8751
FAX: 703308-0514
E-Mail: wooten.teena@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE78
Title: Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a
Gasification System to Produce Synthesis Gas
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.
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Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 260; 40 CFR 261 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6901; 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
Legal Deadline: None
Regulatory Plan:
Statement of Need: We are undertaking the rulemaking to: (1) Prevent unnecessary confusion regarding the status of
recycling of oil-bearing hazardous secondary material from the petroleum industry in a gasification system; (2) promote the use
of a technologically advanced method of extracting hydrocarbons from secondary materials; and (3) remove regulatory
restrictions that may limit the petroleum refining industry's ability to maximize the production of fuels and materials commodities
from petroleum refining while minimizing the generation of waste.
Legal Basis: No aspect of this action is required by statute or court order.
Alternatives: Based on comments and additional analysis, we are looking into whether a separate exclusion is
unnecessary and overly prescriptive and whether our original strategy of amending the existing regulatory language found at
40 CFR 261.4(a)(12) should be done.
Costs and Benefits: We estimate the rule will yield between $46.4 million and 48.7 million in net social benefits per
year. Avoided waste management costs make up the most significant share of the benefits followed by feedstock savings.
Commercial facilities that manage refinery wastes may experience annual revenue losses of $10.8 million to $15.1 million
under the final rule.
Risks: N/A
Timetable:
Action
NPRM
Other
Final Action
Date
03/25/2002
06/11/2002
02/00/2008
FR Cite
67 FR 13684
67 FR 39927
Government Levels Affected: State
Federalism: No
Additional Information: SAN No. 4411; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WASTE/2002/March/Day-25/f7097.htm; This is an extension of a previous notice that contained the following RIN: 2050-AD88.;
EPA Docket information: F-2002-RPRP-FFFFF
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/epaoswer/
hazwaste/gas-fs.pdf
Sectors Affected: 32411
Agency Contact: Elaine Eby Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703308-8449
FAX: 703308-8433
E-Mail: eby.elaine@epa.gov
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Agency Contact: Rick Brandes Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703308-8871
FAX: 703308-8433
E-Mail: brandes.william@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG15
Title: 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)
Abstract: Automobile and light truck manufacturers are substituting aluminum or aluminized components in place of steel in
vehicles to reduce the weight and 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. We have determined
that this particular industry's wastewater treatment sludge is unlikely to present significant human health or environmental risk
when managed in the expected quantities. Therefore, this action would reduce the regulatory burden on these industries by
excluding them from current RCRA regulations that apply to the wastewater treatment sludges from the chemical conversion
coating (zinc phosphating) of aluminum.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261.31; 40 CFR 302.4 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC3001
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/18/2007
06/00/2008
FR Cite
72 FR 2219
Additional Information: SAN No. 4834; EPA publication information: NPRM - http://www.epa.gov/fedrgst/EPA-
WASTE/2007/January/Day-18/f640.htm;; EPA Docket information: EPA-HQ-RCRA-2006-0984
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/epaoswer/
hazwaste/id/f019/f019.htm
Agency Contact: James Michael Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8610
FAX: 703308-0514
E-Mail: Michael.James@epa.gov
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Agency Contact: Robert Kayser Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-7304
FAX: 703308-0514
E-Mail: kayser.robert@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG24
Title: Expanding the Comparable Fuels Exclusion Under RCRA
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. As part of this investigation, EPA has proposed to expand the existing comparable fuel exclusion
and is seeking comment on that proposal.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261.38 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: RCRA 4004
Legal Deadline: None
Regulatory Plan:
Statement of Need: EPA has proposed to expand the comparable fuel exclusion under section 261.38 of the rules
implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) for fuels that are produced from hazardous
waste but which generate emissions that are comparable to emissions from burning fuel oil when such fuels are burned in an
industrial boiler. Such excluded fuel would be called emission-comparable fuel (ECF). ECF would be subject to the same
specifications that currently apply to comparable fuels, except that the specifications for certain hydrocarbons and oxygenates
would not apply. The ECF exclusion would be conditioned on requirements including: design and operating conditions for the
ECF boiler to ensure that the ECF is burned under the good combustion conditions typical for oil-fired industrial boilers; and
conditions for tanks storing ECF which conditions are typical of those for storage of commercial fuels, and are tailored for the
hazards that ECF may pose. This rule, if finalized, is intended to save energy by reducing the amount of hazardous waste that
would be otherwise treated and disposed, and also to promote energy production from a domestic, renewable source and
reduce our use of fossil fuels.
Legal Basis: This action is discretionary on the Agency's part.
Alternatives: To make significant changes to the existing comparable fuels standard, EPA must modify the existing
regulations. EPA has proposed modified regulations and is seeking comment on those potential regulatory modifications.
Costs and Benefits: This rule, as proposed, is projected to result in a benefit to society in the form of net cost savings to
the private sector, on a nationwide basis, thereby allowing for the more efficient use of limited resources elsewhere in the
market. This is accomplished without compromising protection of human health and the environment by ensuring comparable
emissions from the burning of high Btu value waste. The total net social benefits projected as a result of this rule, as proposed,
are estimated at approximately $23 million per year. Avoided management and fuel costs represent the vast majority of all
benefits (cost savings). Transportation, boiler retrofits, and analytical costs represent the majority of the costs. This estimate
assumes all States adopt the rule, and incorporates all cost savings to affected generators, less all associated costs. Nearly
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183,000 tons (U.S.) of waste are expected to initially qualify for the exclusion with approximately 107,000 tons/year actually
excluded. Of this total, we estimate that approximately 34,000 tons are not currently burned for energy recovery.
Risks: The exclusion for emission-comparable fuel (ECF) would be based on the rationale that ECF has fuel value, that the
hydrocarbon and oxygenate constituents no longer subject to a specification themselves have fuel value, and that emissions
from burning ECF in an industrial boiler operating under good combustion conditions are likely not to differ from emissions from
burning fossil fuels under those same conditions. Emissions from burning ECF in an industrial boiler operating under good
combustion conditions would be comparable to emissions from burning fuel oil in an industrial boiler operating under the same
good combustion conditions because operating a boiler under good combustion conditions, evidenced by carbon monoxide
(CO) emissions below 100 ppmv (on an hourly rolling average), assures the destruction of organic compounds generally to
trace levels, irrespective of the type or concentration of the organic compound in the feed. Given that ECF (including the
hydrocarbon and oxygenate portion) would have legitimate energy value and that emissions from burning ECF are comparable
to fuel oil when burned in an industrial boiler under the good combustion conditions typical of such boilers, classifying such
material as a fuel product and not as a waste promotes RCRA's resource recovery goals without creating a risk from burning
greater than those posed by fossil fuel. Under these circumstances, EPA can permissibly classify ECF as a non-waste.
Timetable:
Action
NPRM
Other
Final Action
Date
06/15/2007
07/19/2007
11/00/2008
FR Cite
72 FR 33284
72 FR 39587
Additional Information: SAN No. 4977;; EPA Docket information: EPA-HQ-RCRA-2005-0017; http://www.regulations.
gov
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/epaoswer/
hazwaste/combust/compfuels/exclusion.htm
Agency Contact: Mary Jackson Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington , DC 20460
Phone: 703308-8453
FAX: 703 308-8433
E-Mail: jackson.mary@epa.gov
Agency Contact: Shiva Garg Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703308-8459
FAX: 703308-8433
E-Mail: garg.shiva@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG31
Title: Definition of Solid Wastes Revisions
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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 issued a supplemental proposal on March 26, 2007
(72 FR 14172) to exclude from being a solid waste certain hazardous secondary materials that are reclaimed. We also took
comment on revisions being considered to the legitimacy criteria, as well as on a variance process regarding hazardous
secondary materials that are recycled.
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 261.2 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6903 "RCRA Section 1004"
Legal Deadline: None
Regulatory Plan:
Statement of Need: EPA is revising the definition of solid waste to increase recycling.
Legal Basis: Association of Battery Recyclers v. EPA, 203 F. 2d 1047 (D.C. Cir. 2000); American Mining Congress v.
EPA, 824 F. 2d 1177 (D.C. Cir. 1987) and other cases.
Alternatives: We have solicited comment in the proposal on several alternative regulatory options, including a broad
exclusion for legitimately recycled materials, and are evaluating public comments on all available options.
Costs and Benefits: If the exclusions are promulgated as proposed and are adopted by all states, EPA expects this
action to result in a net effect of $107 million in average annual cost savings to about 4600 facilities in 530 industries, and is
expected to remove from RCRA regulation 0.65 million tons per year of hazardous secondary materials currently managed as
RCRA hazardous waste, and 0.06 million tons (9%) of hazardous waste that is currently disposed (i.e., landfilled or
incinerated), which EPA expects may switch to recycling as a result of this rule. The breakdown of net cost savings per
exclusion is $87 million per year for materials recycled onsite, by the same company, or through a tolling arrangement, $19
million per year for intercompany offsite recycling, and one million per year for case-by-case non-waste determinations. These
estimates are within the uncertainty range of $93 million to $205 million in annual materials management cost savings, and
0.33 to 1.70 million tons per year in affected hazardous secondary materials, respectively, for the net effect of the proposed
regulatory exclusions.
Risks: EPA has conducted three new studies that address the following risk-related questions: (1) How do recyclers ensure
that industrial recycling is done in an environmentally safe manner?; (2) to what extent has industrial recycling resulted in past
environmental problems?; and (3) are there certain economic forces that can explain environmental problems resulting from
such recycling? EPA used these studies in developing our 2007 proposal.
Timetable:
Action
NPRM
Supplemental NPRM
Final Action
Date
10/28/2003
03/26/2007
07/00/2008
FR Cite
68 FR 61558
72 FR 14172
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
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Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/epaoswer/
hazwaste/dsw/index.htm
Agency Contact: Marilyn Goode Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington , DC 20460
Phone: 703308-8800
FAX: 703308-0514
E-Mail: goode.marilyn@epa.gov
Agency Contact: Tracy Atagi Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington , DC 20460
Phone: 703308-8672
FAX: 703308-0514
E-Mail: atagi.tracy@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG35
Title: NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors
(Response to Petitions for Reconsideration)
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 must 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 and
September 6, 2006, EPA granted reconsideration with respect to eight issues raised by the petitions. EPA also proposed
amendments and corrections to the October 2005 final rule that clarify several compliance and monitoring provisions of the rule.
The Response to the Petitions for Reconsideration rule will announce EPA's final action regarding the eight issues raised in the
petitions and the other compliance and monitoring amendments.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (Revision); 40 CFR 264 (Revision); 40 CFR 266 (Revision) (To search for a specific CFR, visit
the Code of Federal Regulations)
Legal Authority: CAA 112; 42 USC 7412; 42 USC 7414
Legal Deadline: 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.
I
| Other
Action
Source
Judicial
Date
04/16/2007
Timetable:
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Action
Other
Other
Direct final Rule
Other
Other
Other
NPRM
Final Action
Date
04/20/2004
10/12/2005
12/19/2005
12/19/2005
03/23/2006
03/23/2006
09/06/2006
02/00/2008
FR Cite
69 FR 21 197
70 FR 59401
70 FR 75042
70 FR 75096
71 FR 14655
71 FR 14665
71 FR 52624
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
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/hwcmact/AII rules
fournd: http://www.epa.gov/epaoswer/hazwaste/combust/
finalmact/index.htm
Agency Contact: Frank Behan Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703308-8476
FAX: 703308-8433
E-Mail: Behan.Frank@epa.gov
Government Levels Affected: Federal; State; Tribal
Federalism: No
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG38
Title: Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correction
Abstract: On June 14, 2005 (70 FR 34538), EPA published a final rule (the Methods Innovation Rule, or the MIR) to amend
a variety of testing and monitoring requirements in the Resource Conservation and Recovery Act (RCRA) hazardous and non-
hazardous solid waste regulations. EPA is correcting errors inadvertently made by the MIR to appendix II to part 258 of the
RCRA regulations. Specific actions are: Amendments to 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 inadvertently occurred as a result of publication
of the final MIR on June 14, 2006 (70 FR 34538). The first chemical entry for removal 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-1,1-dichloroethylene;
cis-1,2-Dichloroethene." The other two chemical entries for deletion are: "alpha, alpha-Dimethylphenethylamine," and "2,3,7,8-
TCDD; 2,3,7,8-Tetrachlorodibenzo-p-dioxin." These chemical entries are being deleted because these chemicals did not
appear in the table prior to publication of the MIR and were inadvertently added during development and publication of the MIR.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 258 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1345(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)
Legal Deadline: None
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Timetable:
Action
Final Action
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5128; EPA Docket information: www.regulations.gov EPA-HQ-RCRA-2002-0025
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/epaoswer/hazwaste/
test/mir.htmhttp://www.epa.gov/epaoswer/hazwaste/test/mir-
faq.htm
Agency Contact: Kim Kirkland Environmental Protection Agency
Solid Waste and Emergency Response
5397P
Washington, DC 20460
Phone: 703308-0490
E-Mail: Kirkland.Kim@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE23
Title: Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Abstract: RCRA section 6002 and EO 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 (CPG1, 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. EO 13423 requires EPA to review
existing CPG product designations for effectiveness, obsolescence, and consistency with the biobased products designation
program, environmentally preferable purchasing program, and Energy Star and FEMP-designated energy efficient products
program. EPA has proposed one new and one revised item designation in CPG5. In addition, CPG Nylon Carpet was originally
proposed with CPG4, but, not included in the final designation because more information was needed. A Notice of Data
Availability was issued asking for that information. EPA is now considering finalizing the CPG for Nylon Carpet separately from
CPG4 and 5.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 247 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6912(a)
Legal Deadline: None
Timetable:
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Action
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Final Rule
Date
00/00/0000
04/20/1994
05/01/1995
11/07/1996
11/13/1997
08/26/1998
01/19/2000
08/28/2001
07/16/2003
12/10/2003
04/30/2004
09/14/2007
FR Cite
59 FR 18892
60 FR 21 370
61 FR 57748
62 FR 60962
63 FR 45558
65 FR 3069
66 FR 45256
68 FR 42040
68 FR 6881 3
69 FR 24028
72 FR 52475
Additional Information: SAN No. 3545; EPA publication information: NPRM-CPG3-(CPG3 and RMAN 3); EPA Docket
information: For CPG V rule: EPA-HQ-RCRA-2003-0005
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/cpg
Sectors Affected: 92119; 92111
Agency Contact: Marlene RedDoor Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703308-7276
FAX: 703308-8686
E-Mail: regelski-reddoor.marlene@epa.gov
Agency Contact: Deborah Hanlon Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703308-5824
FAX: 703 308-8686
E-Mail: hanlon.deborah@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE81
Title: Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
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Abstract: This action is for the development of non-hazardous waste regulations under subtitle D of the RCRA statute. The
regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by steam
electric power generators, i.e., electric utilities and independent power producers. This action results from EPA's regulatory
determination for fossil fuel combustion wastes (see 65 FR 32214, May 22, 2000), which concluded that waste management
regulations under RCRA are appropriate for certain coal combustion wastes. The intended benefits of this action will be to
prevent contamination or damage to ground waters and surface waters, thereby avoiding risk to human health and the
environment, including ecological risks. The Agency is currently analyzing the human health and eco-risks, costs, and
economic impact of this action as it develops the proposed regulation. The Agency has considered alternatives to this action,
including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed
in the regulatory determination (see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance instead of
regulations to industry and State and local governments to focus on these remaining waste management issues, particularly
since the industry has improved its waste management practices and most State regulatory programs are similarly improving.
To this end, the Agency will be issuing a Notice of Data Availability (NODA) announcing the availability for public inspection and
comment of new information and data on the management of coal combustion wastes that the Agency will consider in deciding
next steps in this effort.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 257 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6907(a)(3); 42 USC 6944(a)
Legal Deadline: None
Timetable:
Action
NPRM
Other
Date
00/00/0000
08/29/2007
FR Cite
72 FR 49714
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.; EPA Docket information: EPA-HQ-RCRA-2006-0796
Regulatory Flexibility Analysis Government Levels Affected: Federal; Local; State;
Required: Undetermined Tribal
Small Entities Affected: No Federalism: Undetermined
Energy Affected: Undetermined
Sectors Affected: 221112
Agency Contact: Alexander Livnat Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington , DC 20460
Phone: 703308-7251
FAX: 703605-0595
E-Mail: Livnat.Alexander@epa.gov
Agency Contact: Steve Souders Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington , DC 20460
Phone: 703308-8431
FAX: 703605-0595
E-Mail: Souders.Steve@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE87
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Title: Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule
Listing Requirements
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33 USC 1321(d)(2); CWA311(d)(2)
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4526;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oilspill
Sectors Affected: 3251; 325; 3259; 54
Agency Contact: William Nichols Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1970
FAX: 202564-2625
E-Mail: nichols.nick@epa.gov
Agency Contact: Leigh DeHaven Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington , DC 20460
Phone: 202564-1974
FAX: 202564-2625
E-Mail: dehaven.leigh@epa.gov
Government Levels Affected: Federal; State
Federalism: No
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE93
Title: Revisions to the Requirements for Transboundary Shipments of Wastes Destined for Recovery Between the U.S. and
Other OECD Countries and for Export Shipments of Spent Lead Acid Batteries
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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 in 2001 and EPA's existing export requirements for RCRA Universal
Waste.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 262, subpart H (Revision); 40 CFR 262.58; 40 CFR 264.12(a)(2); 40 CFR 265.12(a)(2); 40 CFR
266.80(a) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6901 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2008
FR Cite
Additional Information: SAN No. 4606;; EPA Docket information: EPA-HQ-RCRA-2005-0018
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Laura Coughlan Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington , DC 20460
Phone: 703308-0005
FAX: 703308-0514
E-Mail: coughlan.laura@epa.gov
Agency Contact: Frank McAlister Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8196
FAX: 703308-0514
E-Mail: Mcalister.Frank@epa.gov
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Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AE95
Title: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7);
Availability of Information to the Public; Technical Amendment
Abstract: Section 112(r)(7) of the Clean Air Act (CAA) and its implementing regulations at 40 CFR part 68 require certain
stationary sources to report an Off-site Consequence Analysis (OCA), including a worst-case release scenario, in a Risk
Management Plan (RMP) that is to be made available to the public. In response to concerns that posting OCA information on
the Internet might increase the risk of terrorist and other criminal activities, on August 5,1999, the Chemical Safety Information,
Site Security and Fuels Regulatory Relief Act (CSISSFRRA) was enacted. The Act requires the President to promulgate
regulations governing the distribution of the OCA sections of RMPs that, in the opinion of the President, would minimize the
likelihood of accidental releases and the risk of terrorist and other criminal activities associated with posting this information.
The President delegated his rulemaking authority to the Attorney General and the Administrator of EPA, who jointly
promulgated the required regulations at 40 CFR part 1400. The part 1400 regulations restrict the public's access to the OCA
sections of RMPs in certain ways. As currently drafted, however, section 68.210(a) of part 68 states that RMPs are available to
the public under 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.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 68.210 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA112(r)
Legal Deadline: None
Timetable:
Action
Final Action
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4607;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Sicy Jacob Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington , DC 20460
Phone: 202564-8019
FAX: 202564-2625
E-Mail: jacob.sicy@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AF01
Title: RCRA Smarter Waste Reporting
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
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Major: No Unfunded Mandates: No
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 (To search for a specific CFR, visit the Code of Federal Regulations)
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
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4735;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Peggy Vyas Environmental Protection Agency
Solid Waste and Emergency Response
5302P
Washington, DC 20460
Phone: 703308-5477
FAX: 703308-8433
E-Mail: vyas.peggy@epa.gov
Government Levels Affected: Federal; State; Local;
Tribal
Federalism: No
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AF03
Title: Correction of Errors and Adjustment of CERCLA Reportable Quantities
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 302 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 9602 to 9603
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4737;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Undetermined
Federalism: No
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Agency Contact: Lynn Beasley Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1965
FAX: 202564-2625
E-Mail: beasley.lynn@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG18
Title: Rulemaking To Streamline Laboratory Waste Management in Academic and Research Laboratories
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 262 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6922
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
05/23/2006
FR Cite
71 FR 29712
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 6113; 6112
Agency Contact: Patricia Mercer Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8408
FAX: 703308-0522
E-Mail: mercer.patricia@epa.gov
Agency Contact: Kristin Fitzgerald Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8286
FAX: 703308-0522
E-Mail: fitzgerald.kristin@epa.gov
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Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG20
Title: Hazardous Waste Manifest Revisions-Standards and Procedures for Electronic Manifests
Abstract: This action is aimed at finalizing 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. There are
2.4 million Federal-defined hazardous waste paper manifests processed each year, and a total of 5.1 million manifests
processed each year including State-defined hazardous waste paper manifests. 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 were 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. However, since publication of the proposed rule in 2001, EPA
found that there is a broad consensus in favor of the development of a single national e-manifest system by EPA, rather than
assorted de-centralized private systems. Subsequently in May 2004, EPA conducted a stakeholder meeting to collect additional
stakeholder views on the future direction of the electronic manifest. Based on public comment on the 2001 proposed electronic
standards and stakeholder feedback at the May 2004 meeting, EPA published a Notice of Data Availability (NODA) on 18 April
2006 announcing EPA's preferred approach to develop a centralized Web-based electronic manifest system to be hosted on
EPA's Central Data Exchange (CDX) computer hub. To that end, in Autumn 2006 EPA provided technical assistance to the US
Senate for drafting S.3871 which would have authorized the CDX-based solution, as well as authorized EPA to charge and
retain user fees to fund a "share-in-revenue" contracting approach to build and operate the system. EPA's ability to publish a
final rule in 2008 that will recognize this system as a compliant voluntary alternative to the current paper manifest form, and to
pursue this centralized system design and funding solution, will depend on new funding being authorized (OMB added $4
million to the President's FY 2008 budget request for this system), or on new congressional authority for EPA to collect user
fees.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271 (To search for a specific
CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6926; PL 105-277
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Other
Other
Date
00/00/0000
05/22/2001
04/01/2004
04/18/2006
FR Cite
66 FR 28240
69 FR 17145
71 FR 19842
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Sectors Affected: 325; 2211; 332; 2122; 2111; 326; 331; 323; 3221; 482; 484; 5621; 56221; 483
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Agency Contact: Rich LaShier Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8796
FAX: 703308-0514
E-Mail: LaShier.Rich@epa.gov
Agency Contact: Bryan Grace Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703308-8750
FAX: 703308-0514
E-Mail: Groce.Bryan@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG22
Title: National Contingency Plan Revisions To Align With the National Response Plan
Abstract: The purpose of this regulation is to revise the National Contingency Plan (NCP) to align it with the National
Response Plan (NRP), as required by the Department of Homeland Security. The purpose of the NCP is to provide the
organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous
substances, pollutants, and contaminants, (see 40 CFR 300.1). The purpose of the NRP is to provide a common organizational
structure and procedures for Federal departments and agencies to provide emergency and disaster assistance to State, tribal,
and local governments for incidents of national significance. The NRP was developed by the Department of Homeland Security,
in close consultation with Federal (including EPA), State, tribal, local governments, first responder organizations, private sector
preparedness and relief groups. Alignment of the NCP with the NRP will facilitate smooth integration of emergency response
activities under the NCP with the NRP when both plans are activated. The NRP does not alter the existing authorities of Federal
departments and agencies, but rather, establishes the coordinating structures, processes, and protocols required to integrate
the authorities of various agencies into an all-hazard approach to incident management. EPA is making another minor revision
to the NCP. The descriptions of Federal agency capabilities are being updated, and modifications are being made, where
appropriate to reflect the new Department of Homeland Security organization.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 9601 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4971;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: Undetermined
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Agency Contact: Lynn Beasley Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1965
FAX: 202564-2625
E-Mail: beasley.lynn@epa.gov
Agency Contact: Jean Schumann Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-1977
FAX: 202564-2620
E-Mail: schumann.jean@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG40
Title: Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Abstract: This supplemental proposal will address reporting thresholds for rock salt, sand, gravel and other chemicals that
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 370 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 DSC 11002; 42 USC 11004; 42 USC 11048; 42 DSC 11021; 42 USC 11022
Legal Deadline: None
Timetable:
Action
Supplemental NPRM
Date
00/00/0000
FR Cite
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 3215.1; Split from RIN 2050-AE17.
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Sicy Jacob Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-8019
FAX: 202 564-2625
E-Mail: jacob.sicy@epa.gov
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Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE62
Title: Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
Abstract: 40 CFR part 35 subpart 0 prescribes requirements for administering cooperative agreements (CAs) awarded to
States, Indian tribes, and political subdivisions to conduct remedial actions, non-time-critical removal actions, pre-remedial
activities, and other response activities authorized by the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) section 104(a)-(j). In addition, subpart 0 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 0 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 0 and 40 CFR part
31. The revisions to subpart 0 make it possible to use the process innovations tested in the pilot projects without having to
obtain deviations. The revisions are also expected to update cross-references to other regulations that have changed, and
eliminate references to obsolete forms and regulations.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 35 subpart 0 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 9604(a) to (j)
Legal Deadline: None
Timetable:
I
| Final Action
Action
Date
05/02/2007
FR Cite
72 FR 24496
Additional Information: SAN No. 4177; EPA publication information: Final Action - http://www.epa.gov/fedrgstr/EPA-
GENERAL/2007/May/Day-02/g7990.htm; EPA Docket information: EPA-HQ-SFUND-2006-0498
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;
i riD3i
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/superfund
Agency Contact: Angelo Carasea Environmental Protection Agency
Solid Waste and Emergency Response
5204G
Washington, DC 20460
Phone: 703603-8828
FAX: 703603-9104
E-Mail: carasea.angelo@epa.gov
Agency Contact: Victoria Roden Environmental Protection Agency
Solid Waste and Emergency Response
5204G
Washington, DC 20460
Phone: 703603-8833
FAX: 703603-9104
E-Mail: vanroden.victoria@epa.gov
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Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG27
Title: Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 278 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 109-59
Legal Deadline:
Action
Other
Source
Statutory
Date
02/06/2006
Timetable:
Action
NPRM
Final Action
Date
04/04/2006
07/18/2007
FR Cite
71 FR 16729
72 FR 39331
Regulatory Flexibility Analysis Required: No
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
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Stephen Hoffman Environmental Protection Agency
Solid Waste and Emergency Response
5307P
Washington, DC 20460
Phone: 703308-8413
FAX: 703605-0595
E-Mail: Hoffman.Stephen@epa.gov
Agency Contact: Richard Kinch Environmental Protection Agency
Solid Waste and Emergency Response
5307P
Washington , DC 20460
Phone: 703308-8214
FAX: 703308-8686
E-Mail: Kinch.Richard@epa.gov
Environmental Protection Agency (EPA)
Solid Waste and Emergency Response ( SWER )
RIN: 2050-AG36
Title: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Requirements-Extension of
Compliance Dates
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Abstract: The Environmental Protection Agency extended the dates by which facilities must prepare or amend Spill
Prevention, Control, and Countermeasure Plans (SPCC Plans), and implement those Plans. This action allows 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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 33USC1321
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/26/2006
05/16/2007
FR Cite
71 FR 77357
72 FR 27443
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 2634.5; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
WATER/2006/December/Day-26/w21507.pdf; Split from RIN 2050-AG23. Split from RIN 2050-AG16.; EPA Docket information:
EPA-HQ-OPA-2005-0001
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oilspill/spcc.htm
Agency Contact: Vanessa Rodriguez Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202564-7913
FAX: 202564-2625
E-Mail: rodriguez.vanessa@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN49
Title: Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant
Abstract: EPA received a petition from Environmental Defense to list diesel exhaust as a Hazardous Air Pollutant (HAP).
Diesel exhaust is a mixture of numerous chemicals, and its composition can vary between engines and under different
operating conditions. There are several issues to be considered: (1) 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; (2) 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 (3) adding diesel exhaust to the list of HAP would not likely impact the level of control achieved in
these programs. EPA is in the process of developing an Advanced Notice of Proposed Rulemaking ANPRM in order to request
comments from the public on approaches to address exhaust emissions from existing stationary diesel engines. We are still
discussing with the litigants the scope of the ANPRM.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112(b)(3)
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Unified Agenda
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
03/14/2007
05/01/2007
Timetable:
Action
ANPRM
Other
Date
00/00/0000
12/00/2007
FR Cite
Additional Information: SAN No. 5020; Judicial information continued: Consent decree dates on hold as per
negotiations for judicial NPRM and Final.; EPA Docket information: EPA-HQ-OAR-2005-0489
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Jaime Pagan Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
RTPn, NC 27711
Phone: 919541-5340
FAX: 919541-5450
E-Mail: Pagan.Jaime@epamail.epa.gov
Agency Contact: Robert Wayland Environmental Protection Agency
Air and Radiation
D243-01
Research Triangle Park , NC 27711
Phone: 919541-1045
FAX: 919541-5450
E-Mail: wayland.robertj@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR)
RIN: 2060-AN83
Title: Review of the National Ambient Air Quality Standards for Lead
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 |jg/m3 as a quarterly average (maximum
arithmetic mean averaged over a calendar quarter). Subsequent to this initial standard-setting, the Clean Air Act requires that
the standard be reviewed periodically. The last such review occurred during the period 1986-1990. For that review, an Air
Quality Criteria Document (AQCD) was completed in 1986 with a supplement in 1990. Based on information contained in the
AQCD, an EPA Staff Paper and Exposure Assessment were prepared. Following the completion of these documents, the
agency did not propose any revisions to the 1978 Pb NAAQS. The current review of the Pb air-quality criteria was initiated in
November 2004 by EPA's National Center for Environmental Assessment (NCEA) with a general call for information published
in the Federal Register. In January 2005, NCEA released a work plan for the review and revision of the Pb AQCD. Workshops
were held to provide author feedback on a developing draft of the AQCD in August 2005. The draft AQCD was released
December 1, 2005. The EPA Office of Air Quality Planning and Standards prepared a draft Staff Paper for the Administrator,
which included an initial evaluation of the key studies and scientific information contained in the AQCD and additional
preliminary technical analyses. The AQCD and draft Staff Paper were reviewed by the Clean Air Scientific Advisory Committee
(CASAC) and the public. An ANPRM will be published outlining the results of the final risk assessment and giving consideration
to the policy assessment. 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.
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Priority: Economically Significant Agenda Stage of Rulemaking: PreRule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7409
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
05/01/2008
09/01/2008
Regulatory Plan:
Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for lead are to be
reviewed every five years.
Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate
"primary" and "secondary" national ambient air quality standards for pollutants identified under Section 108 (the "criteria"
pollutants). The "primary" standards are established for the protection of public health, while the "secondary" standards are to
protect against public welfare or ecosystem effects.
Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality
standards for lead are whether to reaffirm or revise the existing standards.
Costs and Benefits: Cost and benefit estimates are being developed with the proposal.
Risks: The current national ambient air quality standards for lead are intended to protect against public health risks. During
the course of this review, a risk assessment will be conducted to evaluate health risks associated with the retention or revision
of the lead standards. Welfare effects will also be reviewed in relation to retention or revision of the current standard.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
12/00/2007
04/00/2008
09/00/2008
FR Cite
Additional Information: SAN No. 5059;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Ginger Tennant Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park , NC 27711
Phone: 919541-4072
FAX: 919541-0237
E-Mail: Tennant.Ginger@epa.gov
Agency Contact: Karen Martin Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-5274
FAX: 919541-0237
E-Mail: martin.karen@epa.gov
Government Levels Affected: Undetermined
Federalism: No
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Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A029
Title: Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7671 q
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Final Action
Date
01/00/2008
06/00/2008
01/00/2009
FR Cite
Additional Information: SAN No. 5137;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Cindy Newberg Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9729
E-Mail: Newberg.Cindy@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A038
Title: Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Abstract: Emissions from Category 3 marine engines (greater than 30 liters per cyclinder) contribute significantly to
unhealthy 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.
Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 1042 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
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Unified Agenda
Timetable:
Action
ANPRM
Final Action
Date
11/00/2007
12/00/2009
FR Cite
Additional Information: SAN No. 5129;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Michael Samulski Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4532
FAX: 734214-4050
E-Mail: samulski.michael@epa.gov
Agency Contact: Jean-Marie Revelt Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4822
FAX: 734214-4816
E-Mail: revelt.jean-marie@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A060
Title: New Source Performance Standards (NSPS) Review Strategy
Abstract: The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to review new source performance
standards (NSPS) within a specified time frame following the initial promulgation of the standard and, if appropriate, revise the
standard. The required review cycle varies depending on the applicable section of the CAA. The NSPS written to comply with
section 111 of the CAA should be reviewed every 8 years. The review time frame for NSPS written to comply with section 129
of the CAA should be reviewed every 5 years. This strategy outlines EPA's proposed procedure for fulfilling our statutory
obligation to review and, if appropriate, revise the NSPS.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7411; 42 USC 7429
Legal Deadline: None
Timetable:
Action
ANPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5168;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Larry Elmore Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5433
FAX: 919541-3470
E-Mail: Elmore.Larry@epamail.epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A073
Title: Opportunity To Provide Feedback to the Agency on Emissions Standards for Stationary Diesel Engines
Abstract: The purpose of this ANPRM is to solicit comment on several issues concerning options EPA can pursue through
Federal rulemaking under Clean Air Act authorities to reduce emissions from existing stationary diesel engines, generally and
specifically from larger, older diesel engines such as: i. Location of engines ii. Which engines to control ill. Appropriate controls
for those engines iv. Recordkeeping and reporting requirements.
Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
ANPRM
Date
02/00/2008
FR Cite
Additional Information: SAN No. 5166;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Chris Stoneman Environmental Protection Agency
Air and Radiation
C304-01
Durham, NC 27703
Phone: 919541-0823
FAX: 919541-0072
E-Mail: Stoneman.Chris@epamail.epa.gov
Agency Contact: Gregory Green Environmental Protection Agency
Air and Radiation
C304-01
Durham, NC 27703
Phone: 919541-2769
FAX: 919541-0501
E-Mail: Green.Gregory@epamail.epa.gov
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Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AF72
Title: Amendments to Method 24 (Water-Based Coatings)
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7410
Legal Deadline:
Action
Other
Source
Statutory
Date
06/15/2001
Timetable:
Action
NPRM
Date
01/00/2008
FR Cite
Additional Information: SAN No. 3649;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Candace Sorrell Environmental Protection Agency
Air and Radiation
E143-02
Washington , DC 20460
Phone: 919541-1064
FAX: 919541-1039
E-Mail: Sorrell.Candace@epamail.epa.gov
Agency Contact: Conniesue Oldham Environmental Protection Agency
Air and Radiation
E143-02
Washington , DC 20460
Phone: 919541-7774
FAX: 919541-1039
E-Mail: Oldham.Conniesue@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AH63
Title: Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste
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Unified Agenda
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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 193 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No 3 of 1970; Nuclear Waste Policy Act
of 1982
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Date
11/18/2003
06/00/2008
FR Cite
68 FR 651 20
Additional Information: SAN No. 4054; EPA publication information: ANPRM - http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-18/f28651.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Daniel Schultheisz Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202343-9349
FAX: 202343-2304
E-Mail: Schultheisz.Daniel@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AH90
Title: Technical Change to Dose Methodology
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 #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 #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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 190(B); 40 CFR 191 (A) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No 3 of 1970; Nuclear Waste Policy Act
of 1982
112
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Unified Agenda
Legal Deadline: None
Timetable:
Action
NPRM
Date
02/00/2008
FR Cite
Additional Information: SAN No. 4003;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Ray Clark Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202343-9198
FAX: 202343-2065
E-Mail: Clark.Ray@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AH93
Title: General Conformity Regulations; Revisions
Abstract: Section 176(c) of the Clean Air Act prohibits Federal entities from taking actions which do not conform to the State
implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). In
November 1993, EPA promulgated two sets of regulations to implement section 176(c). First, on November 24, EPA
promulgated the Transportation Conformity Regulations to establish the criteria and procedures for determining that
transportation plans, programs, and projects which are funded under title 23 U.S.C. or the Federal Transit Act conform with the
SIP. Then, on November 30, EPA promulgated regulations, known as the General Conformity Regulations, to ensure that other
Federal actions also conformed to the SIPs. The EPA has not reviewed or revised the General Conformity Regulations since
their 1993 promulgation. Several Federal agencies have identified concerns over the implementation of the General Conformity
Regulations, including the requirements for areas designated nonattainment for the newly promulgated NAAQS. In conjunction
with an ad hoc work group of representatives from several Federal agencies, EPA will review the implementation of the General
Conformity Regulations. The EPA will then propose and promulgate any appropriate revision to those regulations.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7401 to 7671
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 4070;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; State; Tribal
Federalism: No
113
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Unified Agenda
Agency Contact: Tom Coda Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3037
FAX: 919541-0824
E-Mail: Coda.tom@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AI62
Title: National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance Coatings;
Amendments
Abstract: This action consists of amendments to the consumer products and the architectural and industrial maintenance
(AIM) coatings part 59 VOC rules under Clean Air Act 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. This action has also been requested by the Consumer Products industry and the Coatings
industry to promote consistency in requirements nationwide. This action incorporates requirements that are already in force in
several States. In addition, this action will subsume SAN 5009, Determining Emissions Reductions Achieved from Rules
Limiting VOC Content of AIM Coatings.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 59 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7511 b
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
01/00/2008
FR Cite
Additional Information: SAN No. 4309;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Sectors Affected: 32599
Agency Contact: Bruce Moore Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5460
FAX: 919541-3470
E-Mail: moore.bruce@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
114
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
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Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AJ61
Title: Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA211
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
10/00/2008
11/00/2009
FR Cite
Additional Information: SAN No. 4531;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Jeff Herzog Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, Ml 48105
Phone: 734214-4227
E-Mail: Herzog.Jeff@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AJ86
Title: Performance Specifications for Continuous Parameter Monitoring Systems
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 CEMS 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.
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Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 subpart SS; 40 CFR 63.8; 40 CFR 60 app B; 40 CFR 60 app F (To search for a specific CFR,
visit the Code of Federal Regulations)
Legal Authority: 42 USC 7412(b)(5) et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
12/00/2007
FR Cite
Additional Information: SAN No. 4584;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 31-33; 21; 486; 562213; 562212; 22
Agency Contact: Barrett Parker Environmental Protection Agency
Air and Radiation
D243-05
RTP, NC 27711
Phone: 919541-5635
FAX: 919541-1039
E-Mail: parker.barrett@epamail.epa.gov
Agency Contact: Bob Schell Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919541-4116
FAX: 919541-1039
E-Mail: schell.bob@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-AK03
Title: Performance-Based Measurement System For Fuels: Criteria for Self-Qualifying Alternative Test Methods; Description
of Optional Statistical Quality Control Measures
Abstract: Transportation fuels (like gasoline and diesel fuel) are regulated by EPA under the Clean Air Act to control the
emissions that result when they are burned in engines, and also to protect engines' emission control equipment. Fuels
regulations require measurement of various of the fuels' properties, and prescribe "designated" analytical methods for that
purpose. This regulation is intended to provide a way for regulated parties to self-qualify alternatives to the designated
measurement methods that may be cheaper, quicker, simpler, more amenable to automation, or otherwise preferable. The
regulation will also prescribe a minimum level of statistical quality control for all fuels test methods, designated or alternative.
The regulations should quicken the adoption of new measurement technologies by removing the need for multiple method-
specific rule-makings, but to do so in a way that will not degrade the performance of the overall measurement system.
Introduction of statistical quality control for all methods should improve measurement precision and accuracy in actual practice
across all methods.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7545
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Legal Deadline: None
Timetable:
I
| NPRM
Action
Date
07/00/2008
FR Cite
Additional Information: SAN No. 4633;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 324199; 54199; 334516; 42271; 48691
Agency Contact: John Holley Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20460
Phone: 202343-9305
FAX: 202233-9557
E-Mail: Holley.John@epamail.epa.gov
Agency Contact: Joe Sopata Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20460
Phone: 202343-9034
FAX: 202565-2085
E-Mail: Sopata.Joe@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AK84
Title: Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate
Abstract: The Clean Air Act requires EPA to regulate 188 compounds that are listed as air toxics, also known as hazardous
air pollutants. Air toxics are those pollutants known, or suspected, to cause cancer and other human health problems. The law
allows EPA to consider petitions to modify the list, by adding or removing substances. Individuals seeking to remove a
substance must demonstrate that there are adequate data to determine that emissions, outdoor concentrations,
bioaccumulation, or atmospheric deposition of the substance may not reasonably be anticipated to damage human health or
the environment. The Agency received a petition to remove 4,4'-Methylene Diphenyl Diisocyanate (MDI) from the American
Chemistry Council on December 26, 2002. Once EPA receives a petition, it conducts two reviews: A completeness review, to
determine whether there is sufficient information on which to base a decision; and a technical review, to evaluate the merits of
the petition. The EPA also requests and considers information from the public. After a comprehensive technical review of both
the petition and the information received from the public to determine whether the petition satisfies the requirements of the
CAA, the review team is required to make a recommendation to the Administrator on whether to grant the petition. If the
Administrator decides to grant a petition, a proposed rule is published in the Federal Register which proposes a modification of
the HAP list and presents the reasoning for doing so. The proposed rule is open to public comment and public hearing and all
additional substantive information received during the public's involvement is evaluated prior to the decision on the issuance of
a final rule. However, if the Administrator decides to deny a petition, a notice setting forth an explanation of the reasons for
denial is published instead. A notice of denial constitutes final Agency action of nationwide scope and applicability, and is
subject to judicial review as provided in the CAA.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
117
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Monday, December 10, 2007
Unified Agenda
Legal Deadline: None
Timetable:
Action
Other
NPRM
Date
05/26/2005
08/00/2008
FR Cite
70 FR 30407
Additional Information: SAN No. 4782;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Greg Nizich Environmental Protection Agency
Air and Radiation
E143-01
RTF, NC 27711
Phone: 919541-3078
E-Mail: Nizich.Greg@epa.gov
Agency Contact: Scott Jenkins Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-1167
FAX: 919541-0237
E-Mail: jenkins.scott@epa.gov
Government Levels Affected: Undetermined
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM09
Title: Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 82, subpart F (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7671 q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/00/2008
10/00/2008
FR Cite
Additional Information: SAN No. 4856;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: No
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Energy Affected: No
RIN Information URL: 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: 202 343-2338
E-Mail: Banks.Julius@epamail.epa.gov
Agency Contact: Nancy Smagin Environmental Protection Agency
Air and Radiation
6205-J
Washington, DC 20460
Phone: 202343-9126
FAX: 202343-2337
E-Mail: Smagin.Nancy@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AM12
Title: NESHAP: Area Source Standards-Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous
Metals Processing
Abstract: Clay Ceramics Manufacturing: There are 51 existing area sources in this source category. There are two types of
affected facilities: kilns and glaze spray booths. The proposed standards are equipment standards. There are currently no
particulate matter (PM) emission controls on kilns at any facility. The proposed standards would require that the kiln be
operated below the peak temperature where metals would volatilize. Also, natural gas or other clean fuels are required to be
used. For glaze spray booths, there are different requirements depending on the size of the facility. The larger facilities would
be required to have air pollution controls or use low hazardous air pollutants (HAP) metal glazes. The smaller facilities have the
option of operating under the requirements for large facilities or may use waste minimization practices. For monitoring, daily
checks of the kiln operating temperature and weekly visual checks of air pollution control equipment for the glaze spray booths
would be required. Glaze spray booths that are controlled with scrubbers would be required to conduct weekly inspections.
Glaze spray booths that are controlled by baghouses would be required to conduct either weekly inspections or daily visible
emission tests. Glass Manufacturing: There are 21 existing facilities that would be subject to the proposed standards, and 6 of
these would have to install controls to meet the existing source emission limits. We are proposing two subcategories of glass
manufacturing furnaces: One for existing furnaces processing glass raw materials, including lead or arsenic, and one for
existing furnaces processing any of the other metal HAP (cadmium, chromium, manganese, and nickel). Furnaces processing
lead or arsenic would be subject to an emission limit of 0.2 Ib PM/ton of glass produced. Furnaces melting glass with any of the
remaining metals would be required to meet the emission limit of 1.0 Ib PM/ton of glass produced from the furnace. Furnaces
processing lead or arsenic, even in combination with any of the other metal HAP, would be subject to the tighter emission limit.
New glass furnaces processing any of the six urban HAP metals would be required to meet the 0.2 Ib PM/ton emission limit.
Existing sources would be required to monitor control equipment operating parameters every 8 hours and conduct annual
control equipment inspections. These requirements are consistent with current industry practice. New sources would be
required to use continuous parameter monitoring systems in the control device. Secondary Nonferrous Metals Processing:
There are ten existing area sources for the processing of secondary nonferrous metals. All secondary nonferrous metal
processing operations are currently controlled by a baghouse. Each baghouse at these facilities is designed to achieve the best
emission reduction possible where the range is between 99-99.7 percent reduction in PM. Under the proposed rule, existing
sources would be required to have a baghouse that achieves at least 99 percent reduction of PM as a surrogate for metal HAP.
New sources would be required to achieve 99.5 percent reduction of PM from their furnaces using a baghouse. Weekly visual
emission tests and equipment inspections would be required for monitoring at existing sources. For new sources, bag leak
detection systems and weekly equipment inspections would be required for monitoring secondary nonferrous metals processing
sources.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
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Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7626; CM
Legal Deadline:
Action
Other
Other
Source
Statutory
Judicial
Date
11/15/2000
12/15/2007
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4873; Additional Contact Information: Bill Neuffer-for clay ceramics at 919 541-5435,
neuffer.bill@epa.gov. Susan Fairchild- for Glass and Secondary Nonferrous Metals Processing.; EPA Docket information: EPA-
HQ-2006-0424 (CLAY) EPA-HQ-OAR-2006-0360 (GLASS) EPA-HQ-OAR-2006-0940 (SECONDARY NONFERROUS)
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: Undetermined
Agency Contact: Susan Fairchild Environmental Protection Agency
Air and Radiation
D 243-02
RTP, NC 27711
Phone: 919541-5167
FAX: 919541-3207
E-Mail: fairchild.susan@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP , NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM19
Title: NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
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Action
Other
Source
Judicial
Date
12/15/2008
Timetable:
Action
NPRM
Final Action
Date
01/00/2008
01/00/2009
FR Cite
Additional Information: SAN No. 4874;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Agency Contact: Randy McDonald Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919541-5402
E-Mail: Mcdonald.Randy@epamail.epa.gov
Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTP, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
Government Levels Affected: Undetermined
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM36
Title: Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air
toxics program. Section 112(k) requires the development of standards for area sources which account for 90 percent of the
emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxics Strategy.
These area source standards can require control levels which are equivalent to either maximum achievable control technology
(MACT) or generally available control technology (GACT), as defined in section 112. Both iron foundries and steel foundries
were listed as high priority source categories via a toxicity-weighting analysis. Extensive data gathering and analyses were
performed during the development of MACT standards for major iron and steel foundries in 1998. Although primarily a 1998
snapshot of the industry, this database was continually updated with new information regarding plant closures and new control
equipment installation throughout the major source rule development. Consequently, this database includes the most recent
data for substantial number of area source foundries, and forms the foundation of the environmental and economic impact
analysis for area source iron and steel foundries. We intend to 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
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;
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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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CM sec 112
Legal Deadline:
Action
Other
Other
Source
Statutory
Judicial
Date
11/30/2000
12/15/2007
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4879;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Conrad Chin Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park, NC 27709
Phone: 919541-1512
FAX: 919541-3207
E-Mail: Chin.Conrad@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: Local; State
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM37
Title: NESHAP: Area Source Standards-Plating and Polishing
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
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Legal Authority: CM sec 112
Legal Deadline:
Action
Other
Source
Judicial
Date
06/15/2008
Timetable:
Action
NPRM
Final Action
Date
01/00/2008
06/00/2008
FR Cite
Additional Information: SAN No 4886;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business
Energy Affected: Undetermined
Agency Contact: Donna Jones Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-5251
FAX: 919541-3207
E-Mail: jones.donnaLee@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: Undetermined
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AM44
Title: Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and
Institutional Boilers
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CM sec 112
Legal Deadline:
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Action
Other
Source
Judicial
Date
12/15/2007
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4884;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business; Governmental
Jurisdictions; Organizations
Energy Affected: Undetermined
Agency Contact: Jim Eddinger Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park , NC 27711
Phone: 919541-5426
E-Mail: Eddinger.Jim@epamail.epa.gov
Agency Contact: Robert J Wayland Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-1045
FAX: 919541-5450
E-Mail: wayland.robertj@epamail.epa.gov
Government Levels Affected: Undetermined
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM45
Title: Flexible Air Permit Rule
Abstract: This package revises our regulations governing State and Federal operating permit programs required by title V of
the Act and the NSR programs required by parts C and D of title I of the Act. These proposed actions are based, in large part,
on the lessons learned through EPA's pilot experience in which EPA worked closely with States and sources to develop flexible
air permitting approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and
compliance with applicable laws. In our pilot permits, increased flexibility is primarily achieved through advance approvals under
NSR and alternative operating scenarios (AOSs). The proposed revisions clarify how this can often be done in the existing
regulatory framework of the operating permit programs. The proposed revisions also add major NSR requirements for Green
Groups, which allow future changes to occur within a group of emissions activities, provided that they are ducted to a common
air pollution control device which is determined to meet "best available control technology" (BACT) or "lowest achievable
emission rate" (LAER), as applicable and that they are determined to comply with all relevant ambient requirements.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 70; 40 CFR 51; 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA title V, parts C and D
Legal Deadline: None
Timetable:
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Action
NPRM
NPRM Comment Period Extended
NPRM Comment Period End
Final Action
Date
09/12/2007
10/18/2007
01/14/2008
03/00/2008
FR Cite
72 FR 52205
72 FR 59065
Additional Information: SAN No 4885;
_. . . ... ...... . . . _. . . .,
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal; Local; State;
Small Entities Affected: No
Energy Affected: No
Agency Contact: Mike Trutna Environmental Protection Agency
Air and Radiation
C304-03
Washington, DC 20460
Phone: 919541-5345
FAX: 919541-4028
E-Mail: trutna.mike@epa.gov
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AM49
Title: Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and Recovery/Recycling Equipment
Intended for Use with Substitute Refrigerants
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
09/00/2008
03/00/2009
FR Cite
Additional Information: SAN No. 4916;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\title6\608
Government Levels Affected: No
Federalism: No
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Agency Contact: Julius Banks Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9870
FAX: 202343-2338
E-Mail: Banks.Julius@epamail.epa.gov
Agency Contact: Nancy Smagin Environmental Protection Agency
Air and Radiation
6205-J
Washington, DC 20460
Phone: 202343-9126
FAX: 202343-2337
E-Mail: Smagin.Nancy@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM55
Title: Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the
Clean Air Act
Abstract: EPA is amending appendix D to subpart F of 40 CFR part 82-Standards for Becoming a Certifying Program for
Technicians. The Refrigerant Recycling Regulations governing standards for certifying programs for technicians were
promulgated under section 608 of the Clean Air Act Amendments of 1990 (May 1994; 59 FR 28660). These regulations were
amended in November 9,1994 (59 FR 559120), to clarify the scope of the technician certification requirements and to provide a
limited exemption from certification requirements for apprentices. Today's amendment to the regulation will provide specific
requirements for programs applying to become certifying organizations, will specify reporting and recordkeeping requirements
in order to enhance implementation of the program, and will define other administrative components of the program to improve
accountability.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
02/00/2008
10/00/2008
FR Cite
Additional Information: SAN No. 4901;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/ozone/title6/608/
index.html
Government Levels Affected: No
Federalism: No
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Agency Contact: Nancy Smagin Environmental Protection Agency
Air and Radiation
6205-J
Washington, DC 20460
Phone: 202343-9126
FAX: 202343-2337
E-Mail: Smagin.Nancy@epamail.epa.gov
Agency Contact: Julius Banks Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9870
FAX: 202343-2338
E-Mail: Banks.Julius@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM63
Title: Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Requirements and on Methods To
Improve Such Monitoring
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, this
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 ANPR 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60; 40 CFR 61; 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Date
02/16/2005
10/00/2008
FR Cite
70 FR 7905
Additional Information: SAN No. 4699.1; EPA publication information: ANPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2005/February/Day-16/a2995.htm; Split from RIN 2060-AK29; Individual Document id in the EPA docket: http://www.epa.
gov/edocket
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Tom Driscoll Environmental Protection Agency
Air and Radiation
D243-05
Research Triangle Park, NC 27711
Phone: 919541-5135
FAX: 919-541-1039
E-Mail: driscoll.tom@epa.gov
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Agency Contact: Barrett Parker Environmental Protection Agency
Air and Radiation
D243-05
RTP, NC 27711
Phone: 919541-5635
FAX: 919541-1039
E-Mail: parker.barrett@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM71
Title: NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing-Area Source
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 US 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline:
Action
Other
Other
Source
Statutory
Judicial
Date
11/30/2000
12/15/2007
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4889; EPA Docket information: OAR-2004-0083
Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Phil Mulrine Environmental Protection Agency
Air and Radiation
C439-02
Research Triangle Park, NC 27711
Phone: 919541-5289
E-Mail: Mulrine.Phil@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
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Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM84
Title: NESHAP: Defense Land Systems and Miscellaneous Equipment
Abstract: This regulation will control emissions of hazardous air pollutants (HAP) from surface coating operations performed
on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the
National Guard of any such State) or the National Aeronautics and Space Administration and the surface coating of military
munitions manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of
any such State). Aerospace and shipbuilding surface coating operations at these installations were originally covered by the
already-promulgated MACT standards for aerospace manufacturing and rework and shipbuilding and ship repair. However,
other recently-promulgated surface coating MACT standards were also expected to address other surface coating operations at
these installations (e.g., miscellaneous metal parts and products, plastic parts and products, etc.). Following proposal of these
standards EPA received comments indicating that a separate standard for defense operations is a better approach.
Accordingly, this rulemaking will address all surface coating activities at these installations which do not meet the applicability
criteria of either the Aerospace Manufacturing and Rework or Shipbuilding and Ship Repair MACT standards.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline: None
Timetable:
Action
NPRM
Date
01/00/2008
FR Cite
Additional Information: SAN No. 4926;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Kim Teal Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5580
E-Mail: Teal.Kim@epamail.epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM91
Title: Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
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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
their reconsideration of this issue arising from our final rules of December 31, 2002.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 and 52 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA title I
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 4940;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Lynn Hutchinson Environmental Protection Agency
Air and Radiation
C339-03
RTP, NC 27711
Phone: 919-541-5795
FAX: 919-541-4028
E-Mail: Hutchinson.Lynn@epamail.epa.gov
Agency Contact: Pam Long Environmental Protection Agency
Air and Radiation
C339-03
RTP, NC 27711
Phone: 919541-0641
FAX: 919541-5509
E-Mail: long.pam@epamail.epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-ANOO
Title: Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Abstract: This rule would revise the Compliance Assurance Monitoring rule (40 CFR part 64) to be implemented through
the operating permits rule (40 CFR parts 70 and 71) to define when periodic monitoring for monitoring stationary source
compliance must be created, and to include specific criteria that periodic monitoring must meet. This rule satisfies our 4-step
strategy announced in the final Umbrella Monitoring Rule (published January 22, 2004) to address monitoring inadequacies.
The four steps were: 1) To clarify the role of title V permits in monitoring [Umbrella Monitoring Rule]; 2) to provide guidance for
improved monitoring in PM-Fine SIP's; 3) to take comment on correction of inadequate monitoring provisions in underlying
rules; and 4) to provide guidance on periodic monitoring. We have completed the RIA data-collection and most of the analyses,
and are beginning review with OPEI and an economic sub-work group.
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 70.6(c)(1); 40 CFR 71.6(c)(1); 40 CFR 64 (To search for a specific CFR, visit the Code of Federal
Regulations)
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Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Regulatory Plan:
Statement of Need: The "periodic monitoring" rules, 40 CFR 70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B), require that "[wjhere
the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist
of recordkeeping designed to serve as monitoring), [each title V permit must contain] periodic monitoring sufficient to yield
reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported
pursuant to [§ 70.6(a)(3)(iii) or§ 71.6(a)(3)(iii)]. Such monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may
be sufficient to meet the requirements of [§70.6(a)(3)(i)(B) and §71.6(a)(3)(i)(B)]." Sections 70.6(c)(1) and 71.6(c)(1), called the
umbrella monitoring rule, require that each title V permit contain, "[consistent with paragraph (a)(3) of this section, compliance
certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and
conditions of the permit." On January 22,2004 (69 Federal Register 3202), EPA announced that the Agency has determined
that the correct interpretation of §§ 70.6(c)(1) and 71.6(c)(1) is that these sections do not provide a basis for requiring or
authorizing review and enhancement of existing monitoring in title V permits independent of any review and enhancement as
may be required under the periodic monitoring rules, the CAM rule (40 CFR part 64)(62 FR 54900, October 22,1997) where it
applies, and other applicable requirements under the Act.11 This action is to publish a separate proposed rule to address what
monitoring constitutes periodic monitoring under §§ 70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B) and what types of monitoring should be
created under these provisions. The intended effect of the rule revisions in this proposal is to focus case-by-case reviews on
those applicable requirements for which we can identify potential gaps in the existing monitoring provisions.
Legal Basis: Section 502(b)(2) of the Act requires EPA to promulgate regulations establishing minimum requirements for
operating permit programs, including "[m]onitoring and reporting requirements." 42 U.S.C. § 7661a(b)(2). Second, section 504
(b) authorizes EPA to prescribe "procedures and methods" for monitoring "by rule." 42 U.S.C. § 7661c(b). Section 504(b)
provides: "The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring
and analysis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative
methods are available that provide sufficiently reliable and timely information for determining compliance " Other provisions
of title V refer to the monitoring required in individual operating permits. Section 504(c) of the Act, which contains the most
detailed statutory language concerning monitoring, requires that "[ejach [title V permit] shall set forth inspection, entry,
monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions."
42 U.S.C. § 7661c(c). Section 504(c) further specifies that "[s]uch monitoring and reporting requirements shall conform to any
applicable regulation under [section 504(b)]...." Section 504(a) more generally requires that "[e]ach [title V permit] shall
include enforceable emission limitations and standards,... and such other conditions as are necessary to assure compliance
with applicable requirements of this Act, including the requirements of the applicable implementation plan." 42 U.S.C. § 7661c
(a).
Alternatives: Some existing monitoring required under applicable requirements could be improved and will be addressed
in connection with both the upcoming PM2.5 implementation rulemaking and by improving monitoring in certain federal rules or
monitoring in SIP rules not addressed in connection with the PM2.5 implementation guidance or rulemaking over a longer time
frame.
Costs and Benefits: We are assessing the benefits associated with improved monitoring including the reduction in
source owner response time to potential excess emissions problems. Such reduced response time to take corrective action
that will be required by the rule will result in measurable emissions reductions that will be balanced against the cost of
increased equipment, data collection, and recordkeeping costs. We estimate the total costs of the rule to be more than $100
million.
Risks: There are no environmental and health risks associated with implementing this monitoring rule; the underlying rules
with emissions limits address those risks for each subject source category. The effect of the monitoring resulting from this rule
will be to reduce the occurrence of excess emissions episodes that raise such risks.
Timetable:
Action
NPRM
Date
12/00/2007
FR Cite
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Additional Information: SAN No. 4699.2; Split from RIN 2060-AK29.
Regulatory Flexibility Analysis Government Levels Affected: Federal; Local; State;
Required: Undetermined Tribal
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Peter Westlin Environmental Protection Agency
Air and Radiation
C304-03
RTP, NC 27711
Phone: 919541-1058
FAX: 919541-4028
E-Mail: Westlin.Peter@epamail.epa.gov
Agency Contact: Robin Langdon Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27711
Phone: 919541-4048
E-Mail: Langdon.Robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR) RIN: 2060-AN21
Title: NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations-Area Sources (Includes Autobody, Paint
Stripping, and Miscellaneous Coating Plastic Parts)
Abstract: These standards are being developed under the Clean Air Act, section 112(k). Under section 112(k), EPA
developed a national strategy to address air-toxic pollution from "area" sources, which are sources that emit hazardous air
pollutants (HAP) below the major source level of 10 tons/year of a single HAP or 25 tons/year of all HAP. As part of that
strategy, Autobody Refinishing, Paint Stripping, and Plastic Parts and Products (Surface Coating) source categories were listed
for regulation. These standards will establish requirements to control pollution from facilities engaged in autobody 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 methylene chloride, cadmium compounds, chromium compounds, lead compounds,
manganese compounds, and nickel compounds. Previously EPA promulgated national emission standards for hazardous air
pollutants (NESHAP) for major sources engaged in refinishing, paint stripping, and surface coating activities.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR part 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline:
Action
Other
Source
Judicial
Date
12/15/2007
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4978;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
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Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: No
Agency Contact: Warren Johnson Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5124
FAX: 919541-3470
E-Mail: Johnson.Warren@epamail.epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AN30
Title: Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extinguishing Systems
Restricting Use to Only Unoccupied Areas
Abstract: Section 612 of the Clean Air Act requires EPA to identify alternatives to Class I and II ozone-depleting substances
and to publish lists of acceptable and unacceptable substitutes. Producers of substitutes must notify EPA at least 90 days
before alternatives are introduced into interstate commerce. Substitutes which are deemed by EPA to be unacceptable or
acceptable subject to use restrictions must go through notice and comment rulemaking. Substitute lists are updated
intermittently depending on the volume of notifications. Independent of any petitions or notifications received, EPA may also
initiate updates to the substitute lists based on new data on either additional substitutes or on characteristics of substitutes
previously reviewed. Based on new information on the continued and growing use of carbon dioxide total flooding fire
extinguishing systems, EPA is revising its listing of carbon dioxide as an acceptable total flooding substitute for ozone-depleting
halons to acceptable subject to narrowed use limits. Use would be limited to unoccupied areas 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Date
04/00/2008
FR Cite
Additional Information: SAN No. 4991;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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RIN Information URL: www.epa.gov/ozone/snap
Agency Contact: Bella Maranion Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9749
E-Mail: Maranion.Bella@epamail.epa.gov
Agency Contact: Jeff Cohen Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9005
FAX: 202 343-2363
E-Mail: cohen.jeff@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AN33
Title: NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Abstract: This action would amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Polyvinyl
Chloride and Copolymers. These standards were proposed on December 8,2000 (65 FR 76958), and originally promulgated
on July 10, 2002 (67 FR 45886), but were vacated by the D.C. Circuit on June 18, 2004, in Mossville Environmental Action v.
EPA, 370 F.3d 1232 (D.C.Cir. 2004). This action assures continuity of the parts of the standard that were upheld by the court,
and addresses the component of these standards, regarding the use of vinyl chloride as a surrogate for all other HAP, that was
not upheld by the court.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.210 - 217 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 4701 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/00/2008
03/00/2009
FR Cite
Additional Information: SAN No. 4988;; EPA Docket information: OAR-2002-0037
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Greg Nizich Environmental Protection Agency
Air and Radiation
E143-01
RTP, NC 27711
Phone: 919541-3078
E-Mail: Nizich.Greg@epa.gov
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Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTF, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN36
Title: NESHAP: Site Remediation Amendments-Response to Litigation
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. These revisions could remove an exemption for certain sources thereby increasing the compliance costs of the
final rule by up to $7.7 million.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 subpart GGGGG (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
NPRM
Date
07/00/2008
FR Cite
Additional Information: SAN No. 4866.1; Split from RIN 2060-AM30.; EPA Docket information: OAR-2002-0021
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Greg Nizich Environmental Protection Agency
Air and Radiation
E143-01
RTP, NC 27711
Phone: 919541-3078
E-Mail: Nizich.Greg@epa.gov
Agency Contact: Kent Hustvedt Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27711
Phone: 919541-5395
E-Mail: Hustvedt.Ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN37
Title: NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments
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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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline:
Action
NPRM
Source
Judicial
Date
10/31/2006
Timetable:
Action
NPRM
Date
06/00/2008
FR Cite
Additional Information: SAN No. 4910.1; Split from RIN 2060-AM77.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Brenda Shine Environmental Protection Agency
Air and Radiation
C439-04
RTP, NC 27711
Phone: 919541-3608
FAX: 919685-3219
E-Mail: shine.brenda@epa.gov
Agency Contact: Kent Hustvedt Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27711
Phone: 919541-5395
E-Mail: Hustvedt.Ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN48
Title: Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in
the U.S.
Abstract: This regulation will streamline the process for importing used ozone-depleting substances for destruction in the U.
S. This will further reduce the amount of substances that could otherwise harm the ozone layer.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
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Action
NPRM
Date
02/00/2008
FR Cite
Additional Information: SAN No. 5017; EPA Docket information: EPA-HQ-OAR-2006-0130
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/ozone
Agency Contact: Kirsten Cappel Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9556
FAX: 202 343-2338
E-Mail: Cappel.Kirsten@epamail.epa.gov
Agency Contact: Julius Banks Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9870
FAX: 202 343-2338
E-Mail: Banks.Julius@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN58
Title: Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Products
Abstract: EPA is concerned with the environmental impacts that could result from the potential continued imports of HCFC
pre-charged products after the phaseout of production and importation of bulk substances. Similar concerns resulted in the
banning the imports of CFC pre-charged refrigeration products after the 1996 phaseout of production and import of bulk
substances. Therefore, EPA intends to propose regulations banning the imports of HCFC pre-charged products under the
provisions within title VI of CAM.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
02/00/2008
02/00/2009
FR Cite
Additional Information: SAN No. 5052; EPA Docket information: EPA-HQ-OAR-2007-0163
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\title6
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Agency Contact: Cindy Newberg Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9729
E-Mail: Newberg.Cindy@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN65
Title: Revisions to the Definition of Potential to Emit (PTE)
Abstract: This rulemaking rule would revise the definition of the term "potential to emit" (PTE) used in numerous regulations
to determine the applicability of major source requirements. The regulatory amendments will address enforceability issues
raised in court decisions by the D.C. Circuit regarding the types of limitations allowed to be used in a source's PTE calculations.
We plan revisions to the definitions of PTE for three major source Act programs: (1) Major New Source Review (NSR) program,
(2) the section 112 program that regulates Hazardous Air Pollutants (HAPs), and (3) the title V Federal operating permits
program. We also plan to amend regulations that were not part of the court cases challenging the definition of potential to emit
(e.g., visibility rules and Federal operating permits program rules) in order to be consistent with other EPA regulations. In
addition to addressing the issue of whether PTE limitations have to be federally enforceable, the revised definition of PTE would
set forth the specific criteria a limitation must meet to be effective. Finally, the proposal would clarify that EPA now uses the
term "federally enforceable" to refer only to the ability of the Federal government or citizens to enforce the requirement in
federal courts, and not to the effectiveness of PTE limits as well.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR Part 51; 40 CFR 52; 40 CFR 63; 40 CFR 70; 40 CFR 71 (To search for a specific CFR, visit the
Code of Federal Regulations)
Legal Authority: 42 USC 7401; 42 USC 7412; 42 USC 7414; 42 USC 7416; 42 USC 7601
Legal Deadline: None
Regulatory Plan:
Statement of Need: The proposed rulemaking responds to three court decisions issued in 1995 and 1996 that
remanded EPA's regulatory requirement that PTE limits be federally enforceable. Although the federal enforceability
requirement was vacated in the Federal PSD, NSR, and title V rules, the section 112 program rules were not vacated and thus
still contain the federal enforceability requirement. In the interim however, until EPA clarifies the issues related to federal
enforceability of PTE limits, current EPA policy recognizes State enforceable PTE limits for purposes of avoiding section 112
and Title V requirements in many circumstances. The new regulations would respond to the court's remands in the various
cases.
Legal Basis: The proposed rule responds to three court orders regarding the federal enforceability component in the
definition of "potential to emit." See National Mining Association v. EPA (59 F. 3d 1351, D.C. Cir. 1995), Chemical
Manufacturers Assn v. EPA, No. 89-1514 (D.C. Cir. Sept. 15,1995) and Clean Air Implementation Project v. EPA, No. 96-1224
(D.C. Cir. June 28,1996). In those cases, the court questioned federally enforceability as a necessary criteria for effective PTE
limits. The definitions of PTE in the implementing regulations for the major source programs interpret the statutory term
"potential to emit" and provide a legal mechanism for sources that wish to restrain their emissions to avoid triggering major
source requirements. Several provisions of the Clean Air Act (CAA or the Act) require that "major" sources be regulated more
stringently than sources that are not major. A "major" source generally is defined as one that either "emits or has the potential
to emit" air pollutants above a specified amount (referred to as major source thresholds). Until EPA addresses the issues and
clarifies the PTE definitions, there will be some uncertainty regarding what is required for enforceability of PTE limits. Parties
currently rely on EPA guidance for determining if PTE limits are legally enforceable and effective.
Alternatives: To address the court decisions EPA must either (i) remove the exclusive federal enforceability requirement
or (ii) provide an explanation as to why federal enforceability enhances the effectiveness of PTE limits to such a degree that it
is within reason to require federally enforceable limits. In this rulemaking, EPA will consider both options provided by the court
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and propose our preferred option. The proposal will specifically request comment on our preferred approach as well as any
alternative options.
Costs and Benefits: The proposed rule will not impose additional costs on sources. First, PTE limits are voluntary in
that the source chooses to take a PTE limit rather than meet major source requirements. Moreover, currently, sources that
wish to take PTE limits must demonstrate that their restrictions are effective according to a number of existing EPA policy
documents and applicable regulations, for example under minor new source review regulations and guidance. By codifying the
criteria that make PTE limits effective, we will be providing additional certainty and clarity for sources wishing to obtain PTE
limits. We expect that clarifying enforceability would yield benefits in terms of improved information about sources emissions
and compliance. But because PTE limits generally reduce potential rather than actual emissions and since PTE limits are
already in widespread use, we do not expect significant environmental impacts associated with this rule change. These
regulations will impose a burden increase initially on those State and local programs that may need to revise or remove PTE
definitions in their rules to make them consistent with these amendments as approved in the final rule. Thereafter, we expect a
reduction in burden for all programs due to a less burdensome administrative process.
Risks: There are no environmental and health risks associated with implementing the proposed amended PTE definition;
the underlying rules with emissions limits address those risks for each subject source category.
Timetable:
Action
NPRM
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5025;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Grecia Castro Environmental Protection Agency
Air and Radiation
C504-03
RTF, NC 27711
Phone: 919541-1351
FAX: 919541-5509
E-Mail: Castro.Grecia@epamail.epa.gov
Agency Contact: Lynn Hutchinson Environmental Protection Agency
Air and Radiation
C339-03
RTP, NC 27711
Phone: 919-541-5795
FAX: 919-541-4028
E-Mail: Hutchinson.Lynn@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN80
Title: National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing: Amendments
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Unified Agenda
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. Due to the recent
Brick MACT Decision, this package was pulled back and we are having conversations with OGC to discuss how to move
forward. Because of this decision, adding information into this final would be finalizing something that we did not propose
earlier, thus OGC has advised us that we are going to have to repropose instead of going with the final amendments. This
amendment affects 1 facility (Kodak) in New York. The original compliance date was May 22, 2006 and the State granted the
facility a 1 year extension to May 22,2007. The facility has contacted the State of New York again and explained the situation
with these amendments and they have agreed to give Kodak the necessary time to comply with the amendments once we
issue them. The facility has also requested that the State contact the Regional Office (Region 2) to explain the situation to
them, so that they are aware and will not enforce any compliance penalties. Thus, we are having to collect additional data from
this one facility in order to set an emission limit. We hope to have these amendments ready to send to DC by the end of June,
so we will not make the compliance date of May 22, 2007 and the facility is well aware of this.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA title III
Legal Deadline: None
Timetable:
Action
NPRM
Other
Final Action
Date
10/19/2006
11/00/2007
01/00/2008
FR Cite
71 FR 61701
Additional Information: SAN No. 5055; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
October/Day-19/a17224.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: John Schaefer Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919541-0296
FAX: 919541-1039
E-Mail: Schaefer.John@epa.gov
Agency Contact: Bob Schell Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919541-4116
FAX: 919541-1039
E-Mail: schell.bob@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN85
Title: Risk and Technology Review Phase II Group 2
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Abstract: Under CM Section 112(d)(6) EPA is required to review MACT standards and revise them "as necessary (taking
into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also
must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA Section 112(f)(2) if
required to protect public health with an ample margin of safety. 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. This action was originally referred to as RTR Phase II
and included 34 MACT standards and 50 source categories. We reduced the scope of this action and will now focus on RTR
Phase II Group 2 which consists of 11 MACT standards covering 21 source categories with MACT compliance dates of 2002
and earlier. We plan to 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 also plan to evaluate multipathway risk associated with
those source categories with significant levels of persistent and bioaccumulative HAP. We published an ANPRM in March 2007
to solicit public comments and corrections on emissions data that will be used to assess risk for these source categories. We
will remodel the categories based on the updated data. EPA will then evaluate the effectiveness and cost of additional risk
reduction options and make acceptability and ample-margin-of-safety determinations in accordance with Benzene NESHAP
decision framework. Where the need for additional controls are identified, standards would be developed that include
technology, work practice, or performance standards as amendments to the existing MACT standards. The 11 MACT
standards, the 21 source categories, and the associated NAICS codes are listed below. Aerospace Manufacturing and Rework
Facilities, 336411 Marine Tank Vessel Loading Operations, 4883 Mineral Wool Production, 32799 Natural Gas Transmission
and Storage, 486210 Oil and Natural Gas Production, 211 Pharmaceuticals Production, 3254 Group I Polymers and Resins,
325212 Epichlorohydrin Elastomers Production Hypalon™ Production Nitrile Butadiene Rubber Production Polybutadiene
Rubber Production Styrene-Butadiene Rubber and Latex Production, Group IV Polymers and Resins, 325211 Acrylic-
Butadiene-Styrene Production Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene Production Methyl Methacrylate-Butadiene-
Styrene Production Nitrile Resins Production Polyethylene Terephthalate Production Polystyrene Production Styrene-
Acrylonitrile Production Primary Aluminum Reduction Plants, 331312 Printing and Publishing Industry, 32311 Shipbuilding and
Ship Repair Operations, 36611 EPA will finalize these in two groups; one group will be finalized following the schedule noted
below, the other will be finalized in 2009.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 00 CFR NYD (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA Sections 112(f)(2), 112(d)(6)
Legal Deadline: None
Regulatory Plan:
Statement of Need: Under CAA Section 112(d)(6) EPA is required to review MACT standards and revise them "as
necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8
years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA
Section 112(f)(2) if required to protect public health with an ample margin of safety.
Legal Basis: Clean Air Act Sections 112(f)(2) and 112(d)(6).
Alternatives: Where additional controls are identified, risk reduction alternatives will be evaluated that include technology,
work practice, or performance standards. Any alternatives that are selected would be implemented as amendments to the
existing MACT standards.
Costs and Benefits: For the risk reduction alternatives we will evaluate costs, emission reductions, risk reductions,
various measures of cost effectiveness and where appropriate, benefits analysis. We plan to consider the added benefit of
reducing emissions of criteria pollutants, including PM, and green house gas emissions.The facts underlying the risk
determination will be key factors in making any subsequent technology review determination.
Risks: Each MACT source category will be assessed to determine cancer and noncancer inhalation risks, environmental
risks, and multipathway risks. Cancer risk will include maximum individual risk (MIR), incidence, and population risk, and non-
cancer effects will include chronic and acute risks. We also plan to evaluate the multipathway risk associated with those source
categories with significant levels of persistent and bioaccumulative HAP.
141
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Unified Agenda
Timetable:
Action
ANPRM
Other
NPRM
Final Action
Date
03/29/2007
05/25/2007
11/00/2007
11/00/2008
FR Cite
72 FR 14734
72 FR 29287
Additional Information: SAN No. 5093; EPA publication information: ANPRM;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 3364; 3313; 32731; 3341; 32411; 331492; 22132
Agency Contact: Paula Hirtz Environmental Protection Agency
Air and Radiation
E143-01
RTP, NC 27711
Phone: 919541-2618
FAX: 919541-0246
E-Mail: hirtz.paula@epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN93
Title: Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAM Committee
Recommendations Ready for Program Office Approval
Abstract: This action is based on the Final Report of a Task Force which was formed in May 2004 to review the
implementation and performance of the operating permit program under title V of the Clean Air Act Amendments. The report
reflects the core issues of concern to all stakeholder groups and their perspectives on how best to address them. The 18
member Task Force was formed by the Clean Air Act Advisory Committee, with representatives from industry, environmental
groups, and State and local agencies. This rulemaking address three recommendations from the title V Task Force. The
recommendations include clarifying the use of administrative amendments and minor permit modifications, the treatment of
insignificant emission units (lEU's), and alternatives to newspaper notices.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 70; 40 CFR 71 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/00/2008
09/00/2008
FR Cite
142
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Unified Agenda
Additional Information: SAN No. 5079;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Jennifer Snyder Environmental Protection Agency
Air and Radiation
C504-05
Research Triangle Park , NC 27711
Phone: 919-541-3003
FAX: 919541-5509
E-Mail: Snyder.Jennifer@epamail.epa.gov
Agency Contact: Ray Vogel Environmental Protection Agency
Air and Radiation
D504-03
Research Triangle Park, NC 27711
Phone: 919541-3153
FAX: 919541-5509
E-Mail: vogel.ray@epamail.epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN94
Title: Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska
Abstract: This rule would revise EPA's gasoline-engine emission regulations to allow the use of the latest version of ASTM
technical standards for Alaska. Gasoline-powered engines in Alaska face special challenges. Extremely cold winter
temperatures increase the risk that engines using typical gasoline blends will suffer from difficulty in cold starting. To address
these unique circumstances, the new ASTM 4814-04 standards for gasoline include special subclasses for gasoline used in
extremely cold conditions. The new parameters enhance vehicle cold start and warm-up performance by allowing slightly
different volatility characteristics for gasoline. Current EPA regulations only allow the use of the older 1988 version of the ASTM
gasoline standards, which do not address Alaska's cold climate. This rulemaking is intended to adopt new specifications by
changing the "Substantially Similar" definition to include the new standards in ASTM 4814-04 for Alaska only. This action is
supported by automobile manufacturers and Alaska refiners.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA211
Legal Deadline: None
Timetable:
Action
NPRM
Date
03/00/2008
FR Cite
Additional Information: SAN No. 5080;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
143
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Unified Agenda
Agency Contact: Jaimee Dong Environmental Protection Agency
Air and Radiation
6406J
Washington , DC 20460
Phone: 202343-9672
E-Mail: Dong.Jaimee@epamail.epa.gov
Agency Contact: Dave Kortum Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20460
Phone: 202 343-9022
E-Mail: Kortum.Dave@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AN99
Title: NESHAP: Mercury Cell Chlor-Alkali Plants-Amendments
Abstract: This rule was promulgated in 2003 in 40 CFR part 63 subpart V (NESHAP) to require MACT for both major and
area sources. The pollutant of concern is elemental mercury. At the time of the rule, 12 plants existed in the US. In 2003, NRDC
submitted a petition for reconsideration requesting EPA to more accurately quantify the fugitive emissions of mercury from this
industry and to set numerical standards, among other items. EPA granted NRDC's petition for reconsideration and, in response
to NRDC's concerns, initiated 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 predict mercury emissions from chlor-alkali
plants and to evaluate the next steps in the reconsideration. Currently, there are only 8 plants operating in the US, with three
plants expecting to close or convert by 2008. The Chlorine Industry, in its 2005 report to the Great Lakes Bi-National Toxic
Strategy, reported that only 3 tons of mercury were unaccounted in 2005, significantly lower than the 65 tons reported as
unaccounted in the preamble to the MACT rule in 2003.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
NPRM
Date
06/00/2008
FR Cite
Additional Information: SAN No. 5095;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Donna Jones Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-5251
FAX: 919541-3207
E-Mail: jones.donnaLee@epa.gov
Government Levels Affected: No
Federalism: No
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Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A007
Title: NESHAP: Miscellaneous Organic Chemical Manufacturing-Amendments
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 under negative pressure. Because the rule references the HON, the change will be made to the wastewater standards
in the HON.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 4891.1; Split from RIN 2060-AM43.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Randy McDonald Environmental Protection Agency
Air and Radiation
C504-04
RTP, NC 27711
Phone: 919541-5402
E-Mail: Mcdonald.Randy@epamail.epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A011
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Title: Air Quality Index Reporting and Significant Harm Level for PM2.5
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 100,2) to use specific colors if the index is reported in a
color format; new breakpoints for the ozone (03) sub-index in terms of 8-hour average 03 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 (S02). In addition, EPA changed the name of the index from the Pollutant Standards Index
to the Air Quality Index (AQI). 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 58.50; 40 CFR 58, app G; 40 CFR 51.150, subpart H (To search for a specific CFR, visit the Code
of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
12/00/2007
FR Cite
Additional Information: SAN No. 5115;
_ . . _. ...... . . . _ . . .. Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I riudi
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Susan Stone Environmental Protection Agency
Air and Radiation
C504-06
Washington, DC 20460
Phone: 919541-1146
FAX: 919541-0237
E-Mail: stone.susan@epa.gov
Agency Contact: Phil Lorang Environmental Protection Agency
Air and Radiation
C304-04
Washington, DC 20460
Phone: 919541-5463
E-Mail: lorang.phil@epa.gov
146
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-A013
Title: NESHAP: Ferroalloys Production-Area Source Standards
Abstract: Section"! 12 (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, 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, 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline: None
Timetable:
| NPRM
Action
Date
05/00/2008
FR Cite
Additional Information: SAN No. 5122;
Regulatory Flexibility Analysis _ ., , .„ . . „, .
Required: Undetermined Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Conrad Chin Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park , NC 27709
Phone: 919541-1512
FAX: 919541-3207
E-Mail: Chin.Conrad@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A015
Title: NESHAP: Portland Cement Notice of Reconsideration
147
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Monday, December 10, 2007
Unified Agenda
Abstract: On December 20, 2006, we published final amendments to the Portland Cement NESHAP. These amendments
were in response to a remand by the D.C. 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
have also agreed to reconsider the decision not to regulate HCI, and the existing source standards for mercury and total
hydrocarbons. 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 four cement facilities that have wet scrubbers for S02 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. Due to the impacts of the decision of the D.C. Circuit Court on the Brick Manufacturing NESHAP, we now anticipate
that significant data gathering will also be required for the other items under consideration.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.1340 to 63.1359 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7412
Legal Deadline:
Action
Other
Source
Judicial
Date
12/20/2007
Timetable:
Action
NPRM
Final Action
Date
01/00/2008
07/00/2008
FR Cite
Additional Information: SAN No. 4585.1; Split from RIN 2060-AJ78.; EPA Docket information: EPA-HQ-OAR-2002-0051
Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Keith Barnett Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27711
Phone: 919541-5605
FAX: 919541-3207
E-Mail: barnett.keith@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A016
Title: Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Resins, and Hydrogen
Fluoride
148
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Abstract: This action is called Risk and Technology Review (RTR) Group 1. It will address both EPA's obligation to conduct
a residual risk review and to conduct a technology review. It includes eight source categories, each affected by one of four
MACT standards. The eight source categories are: Polysulfide rubber manufacturing (P&R I MACT); ethylene propylene rubber
manufacturing (P&R I MACT); butyl rubber manufacturing (P&R I MACT); neoprene manufacturing (P&R I MACT); epoxy resins
manufacturing (P&R II MACT); non-nylon polyamides manufacturing (P&R II MACT); hydrogen fluoride manufacturing
(GMACT); and acetal resins manufacturing (GMACT). 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112(0(2); CAA sec 112(d)(6)
Legal Deadline: None
Timetable:
| NPRM
Action
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5126;
Regulatory Flexibility Analysis _ . , , .„ . . ..
_,..,.,, . *. Government Levels Affected: No
Required: Undetermined
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Mary Kissell Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-4516
FAX: 919685-3219
E-Mail: kissell.mary@epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-A017
Title: Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of Family of Four Hydrofluoropolyethers
(HFPEs) and HFE-347pc-f
Abstract: This is a deregulatory action to exclude this family of HFPE's and also HFE-347pc-f 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 HFPE's and HFE-347pc-f as VOCs in State
Implementation Plans for attaining the ozone standard.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
149
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Monday, December 10, 2007
Unified Agenda
CFR Citation: 40CFR51.100(s) (To search for a specific CFR, visit the Code of Federal Regulations}
Legal Authority: CM title I
Legal Deadline: None
Timetable:
Action
NPRM
Date
01/00/2008
FR Cite
Additional Information: SAN No. 5131;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Dave Sanders Environmental Protection Agency
Air and Radiation
C539-01
Research Triangle Park, NC 27711
Phone: 919541-3356
FAX: 919541-0824
E-Mail: Sanders.Dave@epamail.epa.gov
Agency Contact: William L Johnson Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park , NC 27711
Phone: 919541-5245
FAX: 919541-0824
E-Mail: johnson.williaml@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A023
Title: Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
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 (CEMS), but many new
turbines will be required to install CEMS due to other regulatory programs. The credible evidence rule requires that units with
CEMS demonstrate continuous compliance. Issues under reconsideration include if EPA should add a detailed methology for
units with CEMS 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. Any changes that result from the reconsideration are not anticipated to result in additional controls being required
or an increase in compliance costs.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA111
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/00/2007
04/00/2008
FR Cite
150
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Monday, December 10, 2007
Unified Agenda
Additional Information: SAN No. 5116;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christian Fellner Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
RTP, NC 27711
Phone: 919541-4003
FAX: 919541-5450
E-Mail: fellner.christian@epamail.epa.gov
Agency Contact: Jaime Pagan Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
RTPn, NC 27711
Phone: 919541-5340
FAX: 919541-5450
E-Mail: Pagan.Jaime@epamail.epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A024
Title: Prevention of Significant Deterioration for PM2.5~lncrements, Significant Impact Levels, and Significant Monitoring
Concentrations
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 3 options each for developing PM2.5 increment, 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 3 options-percent of increments option, emissions ratio of PM10 option and NAAQS
ratio of PM10 option. For SMCs the 3 options would be Emissions Ratio option, NAAQS Ratio option and Lowest Detectable
Concentration option.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52.21; 40 CFR 51.166 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007 .
FR Cite
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Additional Information: SAN No. 5068;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Raj Rao Environmental Protection Agency
Air and Radiation
C339-03
RTF , NC 27709
Phone: 919541-5344
FAX: 919541-5509
E-Mail: rao.raj@epa.gov
Agency Contact: Dan Deroeck Environmental Protection Agency
Air and Radiation
C339-03
RTP , NC 27709
Phone: 919"541-5593
FAX: 919685-3009
E-Mail: deroeck.dan@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A025
Title: Revision of Hearing-Protector Regulations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 211, subpart B (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Noise Control Act of 1972, sec 8
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/00/2007
07/00/2008
FR Cite
Additional Information: SAN No. 5102;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Ken Feith Environmental Protection Agency
Air and Radiation
6103
Washington, DC 20460
Phone: 202564-1679
FAX: 202564-1677
E-Mail: Feith.Ken@epamail.epa.gov
Agency Contact: Catrice Jefferson Environmental Protection Agency
Air and Radiation
6103
Washington, DC 20460
Phone: 202564-1668
FAX: 202564-1677
E-Mail: Jefferson.Catrice@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A027
Title: NESHAP-Area Source Standards-Nine Metal Fabrication and Finishing Source Categories (12 SIC's, 25 NAICS
Codes)
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 (9) 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 (SIC's 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority:
Legal Deadline:
CAAsec112(k)
Action
Other
Source
Judicial
Date
06/15/2008
Timetable:
Action
NPRM
Final Action
Date
02/00/2008
06/00/2008
FR Cite
Additional Information: SAN No. 5135;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Donnalee Jones Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27711
Phone: 919541-5251
FAX: 919541-3207
E-Mail: Jones.DonnaLee@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A028
Title: Protection of Stratospheric Ozone: Extension of Global Lab and Analytical Use Exemption for Essential Class I Ozone
Depleting Substances
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82.8(b) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 DSC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
NPRM Comment Period End
Final Action
Date
09/13/2007
11/13/2007
12/00/2007
FR Cite
72 FR 52332
Additional Information: SAN No. 5136;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Staci Gatica Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9469
E-Mail: gatica.staci@epa.gov
Government Levels Affected: No
Federalism: No
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Agency Contact: Marta Montoro Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9321
E-Mail: montoro.marta@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A041
Title: Review of New Source Performance Standards-Nonmetallic Minerals
Abstract: Section 111 (b)(1 )(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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
04/16/2008
04/16/2009
Timetable:
Action
NPRM
Final Action
Date
04/00/2008
04/00/2009
FR Cite
Additional Information: SAN No. 5145;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Bill Neuffer Environmental Protection Agency
Air and Radiation
D 243-02
Washington , DC 20460
Phone: 919541-5435
FAX: 919541-3207
E-Mail: neuffer.bill@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A042
Title: Review of New Source Performance Standards-Portland Cement
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 subpart F (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 111
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
05/31/2008
05/31/2009
Timetable:
Action
NPRM
Final Action
Date
06/00/2008
06/00/2009
FR Cite
Additional Information: SAN No. 5143;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Keith Barnett Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27711
Phone: 919541-5605
FAX: 919541-3207
E-Mail: barnett.keith@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A043
Title: Review of New Source Performance Standards (Subpart UUU)~Mineral Dryers/Calciners
156
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Abstract: Section 111(b) (1)(B) of the Clean Air Act mandates that EPA review, and if appropriate, revise existing NSPS 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. One focus of the review will be the applicability of this NSPS to various industries including the
foundry sand reclamation dryers/calciners and coolers. Emission control data for the mineral dryers/calciners that have been
subject to this NSPS will be reviewed to determine if the NSPS emission limits are appropriate. Also, applicability
determinations will be reviewed to ascertain if changes in the standard are needed. Also input with be obtained from various
stakeholders to obtain determine their recommendations on revisions to the standards.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Date
04/00/2008
FR Cite
Additional Information: SAN No. 5142;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Agency Contact: Bill Neuffer Environmental Protection Agency
Air and Radiation
D 243-02
Washington, DC 20460
Phone: 919541-5435
FAX: 919541-3207
E-Mail: neuffer.bill@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A049
Title: Public Notification of Upcoming Revisions to State Implementation Plans
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Abstract: EPA is proposing to amend Federal regulations to provide additional options for meeting the requirements,
regarding public notice requirements prior to adoption and submission to EPA of State Implementation Plan (SIP) revisions.
States currently use local newspapers and State registers when announcing revisions to SIPs. EPA is proposing that the use of
the Internet as a means of prominent advertisement effectively meets the needs of the public notice announcing the 30 day
notification period as required by paragraph 51.102(d)(1). EPA believes that this rule revision will enhance public participation in
the rulemaking process and will also help State agencies reduce costs by providing the information through a website. This
revision aligns the regulatory requirements with the reality of the way in which States and EPA interact, and with the way
information is made available to the public in the current era. Under the current requirement, applicable documents are
available for public review at specified locations during business hours. Providing the proposed revisions online will provide
greater access to the public (24 hours a day and 7 days a week). This revision will not only reduce costs for States but may
reduce costs for public participation. Also, making public notices available electronically provides greater opportunity for notice
to the public because there are no geographic or time limits (within the 30 day notification period) on where or when notice may
be obtained. Use of the Internet as a prominent advertisement media allows advertisement to be accessible 24 hours a day and
7 days a week. Use of Internet notice expands the availability of the announcement to a national, level. A website can be
designed to accept comments, download material, interact with the agency hosting the website and review documents online.
EPA believes that Internet notice is, and is likely to remain the most effective means for making available public notice and
documents, and encourages States to adopt it as the primary mode of notice provision, supplementing it with newspaper and
State register notice where appropriate. The regulation as previously written does not define prominent advertisement and in
the past the majority of States advertised in local newspapers and some advertised in a State register. This, however, had
limitations since local newspapers charged for each time an advertisement/ announcement appeared in the paper. Should a
person miss the advertisement(s), they might not become aware of the proposed SIP revision. EPA believes that with today's
wide scope of Internet coverage available to the public, this rule revision will enhance public participation in the rulemaking
process. EPA believes that the revision will also help State agencies reduce costs. States may use the Internet, State register,
local newspaper, or any combination of these media sources to make the announcement required by Section 51.102(d),
although use of the Internet should be the preferred mode. When a State utilizes the Internet as a means of "prominent
advertisement," then the State must establish a website that is dedicated to the announcement of revisions to its SIPs, and give
the public notice of that website. The public must be able to access this website and all of its contents without being required to
disclose personal information (e.g., name, address, phone number). This accessibility requirement notwithstanding, the State
may collect such personal information as is necessary to create, effect, and maintain a voluntary mailing list for the sole
purpose of notifying persons who ask to receive automatic notice of the posting of revisions to the SIP.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40CFR51.102(d)(1) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 23 USC 101; 42 USC 7401 to 7641q
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5152;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Sean Lakeman Environmental Protection Agency
Air and Radiation
R4-Air
Atlanta, GA 30303
Phone: 404 562-9043
FAX: 404562-9019
E-Mail: lakeman.sean@epa.gov
Government Levels Affected: Local; State
Federalism: No
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Unified Agenda
Agency Contact: Jerry Stubberfield Environmental Protection Agency
Air and Radiation
C404-02
Durham, NC 27711
Phone: 919541-0876
FAX: 919541-7925
E-Mail: stubberfield.jerry@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A050
Title: Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling
Abstract: This regulation describes the performance specifications and procedures for the measurement of particulate
matter with an aerodynamic size cut of both 10 microns and 2.5 microns using a dilution air technique to cause the formation of
condensable particulate matter. States which are in non-attainment to the national ambient air quality standards may need to
test with this method to determine what contribution specific sources cause to the particulate matter burden. The use of dilution
sampling was recommended by EPA's Science Advisory Board. They believe that the dilution process simulates the formation
process that occurs in for particles in the ambient air. A cyclonic separator is used to separate the particulate matter into size
cuts at 10 and 2.5 microns. The sample gas is then diluted and the condensable particles are formed and removed by filtration.
These procedures are somewhat more complicated and costly but provide lower potential for artifact formation. Testing will be
performed by the large sources electric utilities, municipal incinerators, cement manufacturing etc in areas which do not meet
the ambient air standards of the national ambient air quality standards.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
NPRM
Date
09/00/2008
FR Cite
Additional Information: SAN No. 5155;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Tom Logan Environmental Protection Agency
Air and Radiation
E143-02
RTP, NC 27711
Phone: 919541-2580
FAX: 919541-0516
E-Mail: logan.tom@epamail.epa.gov
Agency Contact: Candace Sorrell Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-1064
FAX: 919541-1039
E-Mail: Sorrell.Candace@epamail.epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A056
Title: Rulemaking To Address Greenhouse Gas Emissions From Motor Vehicles
Abstract: This action will implement the President's recent Executive Order to address greenhouse gas emissions from
motor vehicles. This regulatory effort will evaluate reductions in gas consumption and greenhouse gas emissions from motor
vehicles, using as a starting point the President's proposal to reduce gasoline consumption by up to 20% over the next 10
years. By increasing the supply of alternative fuels and making motor vehicles more energy efficient, this effort will serve to
establish rules giving effect to the President's proposal.
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 86,40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Clean Air Act Sections 202, 206, 208, 211
Legal Deadline: None
Regulatory Plan:
Statement of Need: On May 14, 2007 President Bush signed an Executive Order requiring Federal agencies to take the
first steps toward regulations to control greenhouse gas emissions (GHG) from motor vehicles and their fuels. The President
also directed agencies to take steps to cut gasoline consumption and GHG from motor vehicles using his "Twenty in Ten" plan
as a starting point. This plan would achieve reductions in U.S. gasoline consumption of up to 20 percent over the next 10
years. Up to a fifteen-percent reduction in petroleum-based consumption would come through the use of renewable and
alternative fuels, and up to a five-percent reduction would come from increased fuel efficiency for cars and trucks. The
President directed EPA, DOT, DOE, and USDA to complete this process by the end of 2008. Based on this directive, we have
established a schedule to issue a notice of proposed rulemaking by the end of 2007 and a final rule by the end of October
2008.
Legal Basis: On April 2, 2007, the Supreme Court ruled that the EPA must determine, under Section 202(a) of the Clean
Air Act, whether greenhouse gas emissions (GHG) from new motor vehicles cause or contribute to air pollution that endangers
public health or welfare. Based on that Supreme Court ruling, GHG are air pollutants under the Clean Air Act. EPA expects to
address whether GHG from new motor vehicles meet the endangerment criteria in the process of proposing regulations to
control GHG from new motor vehicles and their fuels. EPA is following the directions of the Presidential Executive Order in
proposing such standards. The primary authority to regulate motor vehicles to reduce their emissions falls under Section 202
(a) (1) of the Clean Air Act. This provision requires that the Administrator shall by regulation prescribe standards applicable to
the emission of any air pollutant from any class or classes of new motor vehicles or motor vehicle engines which in his
judgment cause or contribute to air pollution and which may reasonably be anticipated to endanger public health or welfare. A
regulatory action depends on an Administrator determination that the GHG emissions from new motor vehicles causes, or
contributes to, air pollution which may reasonably be anticipated to endanger the public health or welfare. In setting fuel
standards, two sections of the Clean Air Act are being considered. The primary authority for regulating motor vehicle fuels and
fuel additives falls under Section 211 (c) where the Administrator may, on the basis of information available to him, by
regulation, control or prohibit the manufacture, introduction into commerce, offering for sale, or sale of any fuel or fuel additive
for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle where a similar endangerment finding is
made. This section provides authority to address all fuels and additives, including renewable and alternative fuels. Further, the
Energy Policy Act of 2005 (EPAct 2005, Public Law 109-58) amended the Clean Air Act by adding section Section 211 (o)
which requires EPA to set minimum volume standards for renewable fuel use. EPAct 2005 established the volumes of
renewable fuel to be used through 2012, and established a minimum level to be used after that date which EPA can adjust
upward based on consideration of certain factors. EPA is considering an integrated compliance approach that will use both 211
(c) and 211 (o) authorities for the fuel-related provisions of the proposed GHG rule.
Alternatives: EPA will seek comment on alternatives to approaches being developed in the proposed rulemaking.
Costs and Benefits: Cost and benefit information is being developed as the rulemaking process proceeds. Costs and
benefit information can not be determined until after regulatory approaches have been proposed. Preliminary cost and benefit
information will be provided when the rule is officially proposed.
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Risks: The risks from emissions contributing to GHG's and their impact on public health and welfare are being evaluated
and will be discussed as the endangerment finding process proceeds.
Timetable:
Action
NPRM
Final Action
Date
12/00/2007
10/00/2008
FR Cite
Additional Information: SAN No. 5164;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: Undetermined
Agency Contact: Paul Argyropoulos Environmental Protection Agency
Air and Radiation
6401A
Washington, DC 20460
Phone: 202564-1123
E-Mail: Argyropoulos.Paul@epamail.epa.gov
Agency Contact: Robin Moran Environmental Protection Agency
Air and Radiation
ASD
Washington, DC 20460
Phone: 734214-4781
E-Mail: Moran.Robin@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A057
Title: Standards of Performance for Coal Preparation Plants: Amendments
Abstract: EPA entered into a consent decree to propose amendments the the coal preparation (subpart Y) new source
performance standard (NSPS) by April 16, 2008. The consent decree date for final action is April 16, 2009. Subpart Y was last
reviewed in 1989. EPA anticipates that the review will result in a tightening of the particulate emissions standard and updated
monitoring requirements. In addition, EPA anticipates setting work practice standands to control fugitive PMM emissions.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60, subpart Y (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 111
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
04/16/2008
04/16/2009
Timetable:
Action
NPRM
Final Action
Date
05/00/2008
05/00/2009
FR Cite
Additional Information: SAN No. 5144;
161
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Monday, December 10, 2007
Unified Agenda
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christian Fellner Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
RTP, NC 27711
Phone: 919541-4003
FAX: 919541-5450
E-Mail: fellner.christian@epamail.epa.gov
Agency Contact: Bill Neuffer Environmental Protection Agency
Air and Radiation
D 243-02
Washington, DC 20460
Phone: 919541-5435
FAX: 919541-3207
E-Mail: neuffer.bill@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A058
Title: Amend Methods 201 a and 202 To Improve Measurement of Fine PM
Abstract: This action adds new procedures to two methods required in State Implementation Plans to measure fine PM or
PM2.5 with condensable emissions. Method 201 a is amended to add procedures and equipment specifications for use of 2.5
micron size cut cyclone which may be used in conjunction with the current 10 micron size cut cyclone or alone if only PM2.5 is
to be measured. Method 202 is amended to add procedures and equipment specifications to be followed when the
measurement of fine PM which includes condensable emissions is required. These amendments improve the accuracy and
precision of current version of Method 202.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, app M (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Date
01/00/2008
FR Cite
Additional Information: SAN No. 5147;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Tom Logan Environmental Protection Agency
Air and Radiation
E143-02
RTP, NC 27711
Phone: 919541-2580
FAX: 919541-0516
E-Mail: logan.tom@epamail.epa.gov
Government Levels Affected: Local; State
Federalism: No
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Agency Contact: Conniesue Oldham Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-7774
FAX: 919541-1039
E-Mail: Oldham.Conniesue@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A061
Title: Clarification of Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial,
Commercial, and Institutional Steam Generating Units
Abstract: The amendments will address minor issues that have recently come to the Agency's attention and clarify the
regulatory text to be consistent with the intent (as described in the response to comments document) of the final action of the
"Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial, Commercial, and Institution
Steam Generating Units" that was signed on 13 June 2007. Amendments include clarifying that both utility and industrial steam
generating units buring low sulfur oil are exempt from continuously monitoring opacity, adding monitoring requirements for
subpart D units complying with the optional 30 day S02 standard, clarifying control device monitoring requirements for new
utility units that do not install PM CEMS, and clarifying requirements for industrial sources buring coke oven gas. The
amendments will not amend any emission standards and will not change the cost of the rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: CM 111
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5174;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christian Fellner Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
RTP, NC 27711
Phone: 919541-4003
FAX: 919541-5450
E-Mail: fellner.christian@epamail.epa.gov
Agency Contact: Bill Maxwell Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-5430
FAX: 919541-5450
E-Mail: Maxwell.Bill@epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A063
Title: Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20,1994
Abstract: Under the Clean Air Act, EPA is directed to address air emissions from existing municipal waste combustors
(MWC) by developing emission guidelines, which States are required to follow. The Clean Air Act also requires EPA to develop
companion Federal regulations that must be imposed in cases where States do not follow the Federal guidelines. The emission
guidelines and the companion Federal regulations are intended to be substantively identical. On December 19,1995, EPA
adopted emission guidelines to address air emissions from large MWC (60 CFR subpart Eb). On November 12,1998, EPA
adopted companion Federal regulations (63 FR 63191). Last year, EPA revised the emission guidelines (May 10,2006, 71 FR
27323). This rulemaking would revise the Federal regulations to make conforming changes that mirror those made to the
emission guidelines.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 101-549
Legal Deadline: None
Timetable:
Action
NPRM
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5180;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Walt Stevenson Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-5264
FAX: 919541-5450
E-Mail: stevenson.walt@epa.gov
Agency Contact: Brian Shrager Environmental Protection Agency
Air and Radiation
D243-01
RTP , NC 27711
Phone: 919541-7689
FAX: 919541-5450
E-Mail: shrager.brian@epa.gov
Government Levels Affected: Local
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A067
Title: Pulp and Paper Sector Model Rule
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Abstract: The 2004 National Academy of Sciences' (NAS) report recommended that EPA begin conducting integrated
assessments that consider multiple pollutants (ozone and PM2.5 precursors, hazardous air pollutants, and other chemicals that
may be of concern) and multiple effects (health, ecosystem, visibility) to set standards and develop planning and control
strategies. In response to this recommendation, EPA's Office of Air Quality Planning and Standards (OAQPS) identified the
pulp and paper sector as the candidate industry for its first multi-pollutant, sector- based strategy pilot because of the sector's
potential for both S02 and NOx emissions reductions, the sector's regulatory and compliance complexities and related timing,
and the sector's interest in participating in such an approach. The pulp and paper sector strategy approach will include
developing guidance in the form of a model rule for States to consider adopting. If a State adopts the rule, facilities would have
the option of voluntarily opting in with binding commitments for a specified time period. The program would have a clause that
would allow the rule to be reviewed and reopened in light of circumstances that could not be ignored (i.e., reauthorization of the
Clean Air Act). The framework would focus on larger S02 emissions reductions from bigger facilities in problem areas and
would also reflect possible emissions reduction requirements, baselines and source monitoring requirements. Facilities opting
into the program would be afforded some regulatory flexibilities and a period of regulatory certainty.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: State implementation plans
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5186;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Elizabeth Palma Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5432
FAX: 919541-3470
E-Mail: palma.elizabeth@epamail.epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A068
Title: Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
Abstract: This action will require to a warning statement to be placed on containers or products made with or that contain a
class II ozone depleting substance (ODS) in accordance with section 611 of the Clean Air Act. Similarly, a rule was
promulgated in 1993 a requiring a warning statement for all for all class I and II containers and products of class I substances.
A warning statement will help consumer choose products that do not contain a class II ODS which will result in protecting the
stratosphere and ultimately protecting the environment and human health.
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Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7601
Legal Deadline: None
Timetable:
Action
NPRM
Date
05/00/2008
FR Cite
Additional Information: SAN No. 5151;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Monica Shimamura Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9337
FAX: 202343-2338
E-Mail: Shimamura.monica@epamail.epa.gov
Agency Contact: Bella Maranion Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone:' 202 343-9749
E-Mail: Maranion.Bella@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A070
Title: Adoption of International NOx Standard for Aircraft Engines
Abstract: This rulemaking would amend the existing United States regulations governing the exhaust emissions from new
commercial aircraft gas turbine engines. This action would adopt standards equivalent to the NOx standards of the United
Nations International Civil Aviation Organization (ICAO), and thereby bring the United States emission standards into alignment
with the internationally adopted standards. These NOx standards were adopted by ICAO in 2005, and the implementation of the
standards is to begin in January 2008. The proposed rule would establish consistency between United States and international
requirements. This action is necessary to ensure that domestic commercial aircraft meet the current international standards,
and thus, the public can be assured they are receiving the air quality benefits of the international standards.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 87 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7571
Legal Deadline: None
Timetable:
Action
NPRM
Date
09/00/2008
FR Cite
Additional Information: SAN No. 5153;
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Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Bryan Manning Environmental Protection Agency
Air and Radiation
2000 Traverwood Dr.
Ann Arbor, Ml 48105
Phone: 734214-4832
FAX: 734214-4816
E-Mail: Manning.Bryan@epa.gov
Agency Contact: Glenn Passavant Environmental Protection Agency
Air and Radiation
2000 Traverwood Dr.
Ann Arbor, Ml 48105
Phone: 734214-4408
FAX: 734214-4816
E-Mail: Passavant.Glenn@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AE94
Title: NSPS: SOCMI--Wastewater Amendment
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
CFRpart60, subpartYYY). 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 app J to part 60; 40 CFR 63 app C to part 63 (To search for a specific CFR, visit the Code of
Federal Regulations)
Legal Authority: 42 USC 7411
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Final Action
Date
09/12/1994
10/11/1995
12/09/1998
06/30/2004
03/00/2008
FR Cite
59 FR 46780
60 FR 52889
63 FR 67988
69 FR 39383
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Government Levels Affected: No
Federalism: No
Additional Information: SAN No. 3380; EPA publication information: Supplemental NPRM 2 - http://www.epa.gov/
fedrgstr/EPA-AIR/1998/December/Day-09/a28472a.htm;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Sectors Affected: 3251
Agency Contact: Brenda Shine Environmental Protection Agency
Air and Radiation
C439-04
RTP, NC 27711
Phone: 919541-3608
FAX: 919685-3219
E-Mail: shine.brenda@epa.gov
Agency Contact: Kent Hustvedt Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27711
Phone: 919541-5395
E-Mail: Hustvedt.Ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AH37
Title: Review of New Sources and Modifications in Indian Country
Abstract: As required by the Clean Air Act's New Source Review (NSR) provisions, the EPA is proposing Federal
regulations governing preconstruction permitting of minor stationary sources throughout Indian Country and major stationary
sources of air pollution in nonattainment areas in Indian country. The proposed Federal NSR rules would require sources in
Indian country, with certain exceptions, to obtain a permit prior to construction if they are: (1) New minor sources, (2) existing
minor sources undergoing modification, (3) new major sources in nonattainment areas in Indian country, (4) existing major
sources in nonattainment areas in Indian country undergoing minor modification, or (5) existing major sources in nonattainment
areas in Indian Country undergoing major modification. The proposed rule would also allow new or existing stationary sources
of regulated NSR pollutants and HAPs to accept enforceable limits on their production capacity or hours of operation in order to
be considered minor sources and avoid being subject to other Clean Air Act requirements such as the title V operating permits
program. Pursuant to the Tribal Air Rule, eligible Indian tribes may receive EPA authorization to develop and implement such
programs, but these permitting programs would be implemented by EPA if eligible Indian tribes do not elect or do not receive
authorization to manage such programs. These rules would not impose any mandates on tribal governments to implement NSR
permitting programs. Tribal governments may be affected, however, insofar as they own or operate sources that must obtain a
permit from the EPA under the final Federal permitting program regulations.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 49 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7410
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
08/21/2006
06/00/2008
FR Cite
71 FR 48696
Additional Information: SAN No. 3975; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
August/Day-21/a6926.htm;
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Federalism: No
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: Undetermined
Agency Contact: Jessica Montanez Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-3407
FAX: 919541-5509
E-Mail: montanez.jessica@epamail.epa.gov
Agency Contact: Raj Rao Environmental Protection Agency
Air and Radiation
C339-03
RTP, NC 27709
Phone: 919541-5344
FAX: 919541-5509
E-Mail: rao.raj@epa.gov
Government Levels Affected: Federal; Tribal
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AI03
Title: Importation of Nonconforming Vehicles; Amendments to Regulations
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 85 (To search for a specific CFR, visit the Code of Federal Regulations)
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
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/24/1994
05/00/2008
FR Cite
59 FR 13912
Additional Information: SAN No. 2665;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Bob Doyle Environmental Protection Agency
Air and Radiation
Mail Code 6405J
Washington, DC 20460
Phone: 202343-9258
E-Mail: doyle.robert@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AJ82
Title: Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80.91 (b)(1)(i); 40 CFR 80.93(a) (To search fora specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601 (a)
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
01/00/2008
FR Cite
Additional Information: SAN No. 4604;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christine Brunner Environmental Protection Agency
Air and Radiation
AAHEBTC
Ann Arbor, Ml 48346
Phone: 734214-4287
E-Mail: Brunner.Christine@epamail.epa.gov
Agency Contact: Patrice Simms Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington, DC 20460
Phone: 202564-5593
E-Mail: Simms.Patrice@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK26
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Title: Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide
Abstract: This rule would list whether n-propylbromide (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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 - 7671q
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Final Action
Date
06/03/2003
10/02/2003
05/30/2007
06/00/2008
FR Cite
68 FR 33283
68 FR 56809
72 FR 301 68
Government Levels Affected: No
Federalism: No
Additional Information: SAN No. 4599; EPA publication information: NPRM1 - http://www.epa.gov/fedrgstr/EPA-
AIR/2003/June/Day-03/a13254.htm; Split from RIN 2060-AJ58. The previous ANPRM was under SAN No. 3525.; EPA Docket
information: EPA-HQ-OAR-2002-0064
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\title6
Sectors Affected: 334; 332; 337; 333; 331; 336; 32615
Agency Contact: Margaret Sheppard Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9163
FAX: 202343-2362
E-Mail: Sheppard.Margaret@epamail.epa.gov
Agency Contact: Monica Shimamura Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202 343-9337
FAX: 202 343-2338
E-Mail: Shimamura.monica@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AK54
Title: NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
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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 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.2; 40 CFR 63.17; 40 CFR 63.18 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
05/15/2003
11/00/2007
FR Cite
68 FR 26249
Additional Information: SAN No. 4719; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2003/
May/Day-15/a12180.htm;
_ . . ... ...... A . . ,, • j », Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rick Colyer Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27709
Phone: 919541-5262
FAX: 919541-5600
E-Mail: Colyer.Rick@epamail.epa.gov
Agency Contact: Michael Regan Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27709
Phone: 919541-5294
FAX: 919541-5600
E-Mail: regan.michael@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK56
Title: California Gasoline Technical Correction
Abstract: This rule corrects final regulations which were published in the Federal Register on March 29, 2001 (66 FR
17230). The corrected regulatory provision restores the definition of California gasoline as used in the enforcement exemptions
for California gasoline under the regulation of fuels and fuel additives.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80.81 (a) (To search for a specific CFR, visit the Code of Federal Regulations)
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Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a)
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
07/00/2008
FR Cite
Additional Information: SAN No 4722;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christine Brunner Environmental Protection Agency
Air and Radiation
AAHEBTC
Ann Arbor, Ml 48346
Phone: 734214-4287
E-Mail: Brunner.Christine@epamail.epa.gov
Agency Contact: John Hannon Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington , DC 20460
Phone: 202-564-5563
E-Mail: Hannon.John@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK69
Title: Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded-Mandates: No
CFR Citation: 40 CFR 80.91 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601 (a)
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
04/00/2008
FR Cite
Additional Information: SAN No. 4706;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Christine Brunner Environmental Protection Agency
Air and Radiation
AAHEBTC
Ann Arbor, Ml 48346
Phone: 734214-4287
E-Mail: Brunner.Christine@epamail.epa.gov
Agency Contact: Patrice Simms Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington, DC 20460
Phone: 202564-5593
E-Mail: Simms.Patrice@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AK73
Title: National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-Petition To Delist
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 FR, allowing the opportunity for public comment. If the Agency denies the petition, a notice
of denial will be published in the FR providing an explanation of the denial.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Final Action
Date
04/07/2004
04/07/2004
08/18/2004
06/00/2008
FR Cite
69 FR 18327
69 FR 18338
69 FR 51 184
Additional Information: SAN No. 4751; EPA publication information: NPRM-STAY - http://www.epa.gov/fedrgstr/EPA-
AIR/2004/April/Day-07/a7775.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 3336; 221112
Agency Contact: Kelly Rimer Environmental Protection Agency
Air and Radiation
C404-01
Research Triangle Park , NC 27711
Phone: 919541-2962
FAX: 919541-1039
E-Mail: Rimer.Kelly@epamail.epa.gov
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Agency Contact: Dave Guinnup Environmental Protection Agency
Air and Radiation
C404-01
Research Triangle Park, NC 27711
Phone: 919541-5368
FAX: 919541-1039
E-Mail: Guinnup.Dave@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AL75
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Regulatory Plan:
Statement of Need: The current New Source Review program provides for emissions from multiple projects to be
aggregated (aggregation) as one single project under certain circumstances. Similarly, when making a PSD applicability
calculation, emissions from units whose effective capacity and potential to emit have been increased as a result of a
modification to another unit (debottlenecked units), must be included in the initial PSD applicability calculations. Specific
questions regarding the application of these two terms have been addressed on a case-by-case basis. By completing this
rulemaking, regulated entities and regulatory agencies will be provided an additional level of certainty in addressing
applicability issues.
Legal Basis: 42 USC 7411(a)(4)
Alternatives: Alternatives will be developed as the rulemaking proceeds.
Costs and Benefits: We are not able to provide quantitative estimates of the costs and benefits of this rule because of
our inability to specifically identify the quantity, types, and locations of sources that will utilize this rulemaking in the future, and
the difficulty in specifically quantifying the difference in environmental outcomes that would result with and without the rule.
Qualitatively, our analysis indicates that we do not expect this rule to add to the costs of the program, nor do we expect that the
environmental benefits of the program would significantly change as a result of this rulemaking.
Risks: Risk information cannot be developed for this rule for the same reasons mentioned above regarding costs and
benefits.
Timetable:
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Action
NPRM
Final Action
Date
09/14/2006
06/00/2008
FR Cite
71 FR 54235
Additional Information: SAN No. 4793; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
September/Day-14/a15248.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Dave Svendsgaard Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-2380
FAX: 919541-5509
E-Mail: svendsgaard.dave@epa.gov
Agency Contact: Lisa Sutton Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park, NC 27711
Phone: 919541-3450
FAX: 919541-5509
E-Mail: Sutton.Lisa@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AL98
Title: Alternative Work Practice for Leak Detection and Repair
Abstract: This rule would amend existing regulations controlling emissions of volatile organic compounds (VOC) and
hazardous air pollutants (HAP) under the Clean Air Act. These regulations are codified at 40 CFR part 60,61, 63, and 65.
These regulations require periodic leak detection and repair (LDAR) of pumps, valves, and connectors. The current work
practice requires each pump, valve, and connector to be individually monitored for leaks. Facilities have had LDAR programs in
place for over 20 years and view them as burdensome because they are labor intensive. Newer image based monitoring
technology is being developed which will detect leaks at a reduced costs because of the ability to monitor multiple components
at one time. This rule would amend the existing regulations to enable the plant operators to use the new technology.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60; 40 CFR 61; 40 CFR 63; 40 CFR 65 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7411
Legal Deadline:
Action
Other
Source
Statutory
Date
03/31/2007
Timetable:
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Action
NPRM
Other
Final Action
Date
04/06/2006
06/07/2006
11/00/2007
FR Cite
71 FR 17401
71 FR 32885
Additional Information: SAN No. 4830;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: David Markwordt Environmental Protection Agency
Air and Radiation
C504-04
Washington, DC 20460
Phone: 919541-0837
FAX: 919541-0246
E-Mail: markwordt.david@epamail.epa.gov
Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTP, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM06
Title: Control of Emissions from New Locomotives and New Marine Diesel Engines Less Than 30 Liters per Cylinder
Abstract: Locomotives and marine diesel engines are important contributors to our nation's air pollution today accounting
for about 20 percent of mobile source nitrogen oxides (NOx) emissions and about 25 percent of mobile source fine diesel
particulate matter (PM 2.5) emissions. EPA is proposing a comprehensive program to significantly reduce emissions from
locomotives and marine diesel engines. It would apply new exhaust emission standards and idle reduction requirements to
diesel locomotives of all types-line-haul, switch, and passenger. It would also set new exhaust emission standards for all types
of marine diesel engines below 30 liters per cylinder displacement. These include marine propulsion engines used on vessels
from recreational and small fishing boats to super-yachts, tugs and Great Lakes freighters, and marine auxiliary engines
ranging from small gensets to large generators on ocean-going vessels. We estimate PM reductions of 90 percent and NOx
reductions of 80 percent from engines meeting these standards, compared to engines meeting the current standards. EPA has
already taken steps to bring emissions levels from light-duty and heavy-duty highway, and nonroad diesel vehicles and engines
to very low levels over the next decade, while the emission levels for locomotive and marine diesel engines remain at much
higher levels-comparable to the emissions for highway trucks in the early 1990s. The additional PM2.5 and NOx emission
reductions resulting from the proposed standards would assist states in attaining and maintaining the Ozone and the PM2.5
National Air Quality Standards both near term and in the decades to come. The proposed program includes a set of near-term
emission standards for newly-built engines. These would phase in starting in 2009. The near-term program also contains more
stringent emissions standards for existing locomotives. These would apply when the locomotive is remanufactured and would
take effect as soon as certified remanufacture systems are available (as early as 2008), but no later than 2010 (2013 for Tier 2
locomotives). We are requesting comment on an alternative under consideration that would apply a similar remanufacture
requirement to existing marine diesel engines installed in vessels currently in the fleet. We are also proposing long-term
emissions standards for newly-built locomotives and marine diesel engines based on the application of high-efficiency catalytic
aftertreatment technology. These standards would phase in beginning in 2015 for locomotives and 2014 for marine diesel
engines. Finally, are proposing revised testing, certification, and compliance provisions to better ensure emissions control in
use. Entities potentially regulated by this action are those which manufacture, remanufacture and/or import locomotives and/or
locomotive engines; and those which own and operate locomotives. This proposed action would also affect companies and
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persons that manufacture, sell, or import into the United States new marine compression-ignition engines, companies and
persons that rebuild or maintain these engines, companies and persons that make vessels that use such engines, and the
owners/operators of such vessels.
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 92; 40 CFR 94 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7522 to 7621
Legal Deadline: None
Regulatory Plan:
Statement of Need: Locomotive and marine diesel engines generate significant emissions of fine particulate matter
(PM2.5) and nitrogen oxides (NOx) that contribute to nonattainment of the National Ambient Air Quality Standards for PM2.5
and ozone. NOx is a key precursor to ozone and secondary PM formation. These engines also emit hazardous air pollutants or
air toxics, which are associated with serious adverse health effects. Emissions from locomotive and marine diesel engines also
cause harm to public welfare, including contributing to visibility impairment and other harmful environmental impacts across the
US. (The health and welfare impacts of these pollutants are described elsewhere in this Regulatory Agenda.) Emissions from
locomotive and marine diesel engines account for substantial portions of the country's ambient PM2.5 and NOx levels. Today
these engines account for about 20 percent of mobile source NOx emissions and about 25 percent of mobile source diesel PM
2.5 emissions. Under the standards EPA has proposed, by 2030 annual NOx emissions from these diesel engines would be
reduced by 765,000 tons and PM2.5 emissions by 28,000 tons, and those reductions would continue to grow beyond 2030 as
the fleet turnover to the clean engines is completed. State and local governments are working to protect the health of their
citizens and comply with requirements of the Clean Air Act. As part of this effort they recognize the need to secure additional
major reductions in both diesel PM2.5 and NOx emissions by undertaking numerous state level actions, while also seeking
Agency action, including the setting of stringent new locomotive and marine diesel engine standards. The emission reductions
in this proposal will play a critical part in state efforts to attain and maintain the National Air Quality Standards both near term
and through the next two decades.
Legal Basis: Authority for the actions in this proposed rule is granted to the Environmental Protections Agency (EPA) by
sections 114, 203, 205, 206, 207, 208, 213, 216, and 301 (a) of the Clean Air Act as amended in 1990. EPA is proposing
emissions standards for new marine diesel engines pursuant to its authority under section 213(a)(3) and (4) of the Clean Air
Act (CAA) and for new locomotives and new engines used in locomotives pursuant to its authority under section 213(a)(5) of
the CAA. CAA section 213(a)(3) directs the Administrator to set NOx, VOCs, or carbon monoxide standards for classes or
categories of engines that contribute to ozone or carbon monoxide concentrations in more than one nonattainment area, such
as marine diesel engines. CAA section 213(a)(4), authorizes the Administrator to establish standards to control emissions of
pollutants which may reasonably be anticipated to endanger public health and welfare, where the Administrator determines, as
it has done for emissions of PM, that nonroad engines as a whole contribute significantly to such air pollution. Finally, section
213(a)(5) directs EPA to adopt emission standards for new locomotives and new engines used in locomotives that achieve the
greatest degree of emissions reductions achievable through the use of technology that the Administrator determines will be
available for such vehicles and engines, taking into account the cost of applying such technology within the available time
period, the noise, energy, and safety factors associated with the applications of such technology.
Alternatives: We have developed emission inventory impacts, cost estimates and benefit estimates for two types of
alternatives. The first type looks at the impacts of varying the timing and scope of our proposed standards. The second
considers a programmatic alternative that would set emission standards for existing marine diesel engines. Alternative 1
examines the potential impacts of the locomotive remanufacturing program by excluding it from the analysis. Alternative 2
considers the possibility of pulling ahead the Tier 4 standards by one year for both the locomotive and marine programs, while
leaving the rest of the proposed program unchanged. This alternative represents a more environmentally protective set of
standards. However, our review of the technical challenges to introduce the Tier 4 program, especially considering the
locomotive remanufacturing program and the Tier 3 standards which go before it, leads us to conclude that introducing Tier 4 a
year earlier is not feasible. Alternative 3 most closely reflects the program we described in our Advanced Notice of Proposed
Rulemaking, whereby we would set new aftertreatment based emission standards as soon as possible. In this case, alternative
3 eliminates our proposed Tier 3 standards and locomotive remanufacturing standards, while pulling the Tier 4 standards
ahead to 2013 (3 months after the introduction of 15 ppm ULSD). As with alternative 2, we are concerned that it may not be
feasible to introduce Tier 4 technologies on locomotive and marine diesel engines earlier than the proposal specifies.
Alternative 4 would eliminate the Tier 4 standards and retain the Tier 3 and locomotive remanufacturing requirements. This
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alternative allows us to consider the value of combining the Tier 3 and locomotive remanufacturing standards together as one
program, and conversely, allows us to see the additional benefits gained when combining them with the Tier 4 standards. This
alternative falls well short of the total benefits that our comprehensive program is expected to realize. Alternative 5 would
establish a two-part marine engines remanufacturing program to reduce emissions from marine diesel engines above SOOhp
installed on commercial vessels. These engines remain in the fleet in excess of 20 years and can substantially contribute to air
pollution. In part one, beginning as early as 2008, vessel owners and rebuilders (also called remanufacturers) would be
required to use a certified kit when the engine is rebuilt (or remanufactured) if such a kit is available. In the second part, which
could begin in 2013, the marine diesel engine identified by the EPA as a high-sales volume engine model would have to meet
specified emission requirements when the engine is remanufactured. If no certified system were available, companies subject
to these provisions would need to either retrofit an emission reduction technology for the engine that demonstrates at least a
25 percent reduction or repower (replace the engine with a new one). The second part of the program is contingent on EPA
developing a list of high volume marine diesel engines for which a remanufacture certificate must be available by 2013. Finally,
the second step of the program could be made subject to a technical review in 2011A summary of the five alternatives is
contained in Tables VII-1 and VII-2 of the proposed rule. Table VII-1 includes the expected PM and NOx emission reductions,
associated with each alternative through 2040 expressed as a net present value (NPV) using discounting rates of 3 percent
and 7 percent. It also includes the estimated costs for each alternative through 2040 expressed at 3 percent NPV and 7
percent NPV. Table VI-2 shows the PM and NOx inventory reductions, costs, and benefits of each alternative estimated for the
year 2030.
Costs and Benefits: The total monetized benefits of the proposed standards, when based on published scientific
studies of the risk of PM-related premature mortality, these benefits are projected to be more than $12 billion in 2030,
assuming a 3 percent discount rate (or $11 billion assuming a 7 percent discount rate). Our estimate of total monetized
benefits based on the PM-related premature mortality expert elicitation is between $4.6 billion and $33 billion in 2030,
assuming a 3 percent discount rate (or $4.3 and $30 billion assuming a 7 percent discount rate). The social costs of the
proposed program are estimated to be approximately $600 million in 2030. The estimated 2030 social welfare cost of 567.3
million is based on an earlier version of the engineering costs of the rule which estimated $568.3 million engineering costs in
2030 (see table V-15). The current engineering cost estimate for 2030 is $605 million. See section V.C.5 for an explanation of
the difference. The estimated social costs of the program will be updated for the final rule. The impact of these costs on society
are estimated to be minimal, with the prices of rail and marine transportation services estimated to increase by less about 0.4
percent for locomotive transportation services and about 0.6 percent for marine transportation services. Though there are a
number of health and environmental effects associated with the proposed standards that we are unable to quantify or
monetize, the benefits of the proposed standards far outweigh the projected costs.
Risks: The emissions of PM and ozone precursors from locomotive and marine diesel engines are associated with serious
public health problems including premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of
existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. In addition, emissions from
locomotives and marine diesel engines are of particular concern, as diesel exhaust has been classified by EPA as a likely
human carcinogen. Many people spend a large portion of time in or near areas of concentrated locomotive or marine diesel
emissions, near rail yards, marine ports, railways, and waterways. Recent studies show that populations living near large
diesel emission sources such as major roadways, rail yards and marine ports are likely to experience greater diesel exhaust
exposure levels than the overall US population, putting them at a greater health risk. Scientific studies show ambient PM is
associated with a series of adverse health effects. The locomotive and marine diesel engines, covered in this proposal
contribute to both short-and long-term PM2.5 exposures. Health effects associated with short-term exposures (hours to days)
to ambient PM include premature mortality, increased hospital admissions, heart and lung diseases, increased cough, adverse
lower-respiratory symptoms, decrements in lung function and changes in heart rate rhythm and other cardiac effects. Studies
examining populations exposed to different levels of air pollution over a number of years show associations between long-term
exposure to ambient PM2.5 and both total and cardio respiratory mortality. Locomotive and marine diesel engines also result in
significant emissions of NOx and VOC emissions which contribute to the formation of ground-level ozone pollution or smog.
People in many areas across the U.S. continue to be exposed to unhealthy levels of ambient ozone. The health and welfare
effects of ozone are well documented and are assessed in EPA's 2006 ozone Air Quality Criteria Document (ozone AQCD)
and EPA staff papers. Ozone can irritate the respiratory system, causing coughing, throat irritation, and/or uncomfortable
sensation in the chest. Ozone can reduce lung function and make it more difficult to breathe deeply, and breathing may
become more rapid and shallow than normal, thereby limiting a person's activity. Ozone can also aggravate asthma, leading to
more asthma attacks that require a doctor's attention and/or the use of additional medication. People who are more susceptible
to effects associated with exposure to ozone include children, the elderly, and individuals with respiratory disease such as
asthma, locomotive and marine diesel engine emissions include diesel exhaust (DE), a complex mixture comprised of carbon
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dioxide, oxygen, nitrogen, water vapor, carbon monoxide, nitrogen compounds, sulfur compounds and numerous low-
molecular-weight hydrocarbons. A number of these gaseous hydrocarbon components are individually known to be toxic
including aldehydes, benzene and 1,3-butadiene. Locomotive and marine diesel engine exhaust emissions contribute to
ambient levels of other air toxics known or suspected as human or animal carcinogens, or that have non-cancer health effects.
These other compounds include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, polycyclic organic matter
(POM), and naphthalene. All of these compounds, except acetaldehyde, were identified as national or regional risk drivers in
the 1999 National-Scale Air Toxics Assessment (NATA) and have significant inventory contributions from mobile sources. That
is, for a significant portion of the population, these compounds pose a significant portion of the total cancer and non-cancer risk
from breathing outdoor air toxics. The reductions in locomotive and marine diesel engine emissions proposed in this
rulemaking would help reduce exposure to these harmful substances.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
06/29/2004
04/03/2007
03/00/2008
FR Cite
69 FR 39276
72 FR 15938
Additional Information: SAN No. 4871;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Jean-Marie Revelt Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4822
FAX: 734214-4816
E-Mail: revelt.jean-marie@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM08
Title: NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.1960; 40 CFR 63.1975; 40 CFR 63.1980 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7401 to 7601
Legal Deadline: None
Timetable:
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Action
NPRM
Final Action
Date
09/08/2006
01/00/2008
FR Cite
71 FR 53272
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Related RINs: Previously Reported as 2060-
AH13; Previously Reported as 2060-AJ41
Agency Contact: Hillary Glover Environmental Protection Agency
Air and Radiation
E143-01
Research Triangle Park , NC 27711
Phone: 919541-3154
E-Mail: glover.hillary@epamail.epa.gov
Agency Contact: Kent Hustvedt Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27711
Phone: 919541-5395
E-Mail: Hustvedt.Ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM14
Title: NESHAP: Area Source Standards-Ethylene Oxide Hospital Sterilization
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline:
Action
Other
NPRM
Other
Source
Statutory
Judicial
Judicial
Date
11/30/2000
10/31/2006
12/20/2007
Timetable:
Action
NPRM
Final Action
Date
11/06/2006
01/00/2008
FR Cite
71 FR 64907
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Additional Information: SAN No. 4859; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
November/Day-06/a18644.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: David Markwordt Environmental Protection Agency
Air and Radiation
C504-04
Washington, DC 20460
Phone: 919541-0837
FAX: 919541-0246
E-Mail: markwordt.david@epamail.epa.gov
Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTP, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-AM34
Title: Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Abstract: We are setting emission standards for new nonroad spark-ignition engines that will substantially reduce emissions
from these engines. The proposed exhaust emission standards would apply starting in 2009 for new marine spark-ignition
engines, including first-time EPA standards for sterndrive and inboard engines. The proposed exhaust emission standards
would apply starting in 2011 and 2012 for different sizes of new land-based, spark-ignition engines at or below 19 kilowatts
(kW), which is equivalent to about 25 horsepower. These small engines are used primarily in lawn and garden applications. We
are also proposing to adopt evaporative emission standards for vessels and equipment using any of these engines. Nationwide,
these emission sources contribute to ozone, carbon monoxide (CO), and particulate matter (PM) nonattainment. We estimate
that by 2030, this proposed rule would result in significantly reduced pollutant emissions from regulated engine and equipment
sources, including estimated annual nationwide reductions of 631,000 tons of volatile organic hydrocarbon emissions, 98,200
tons of NOx emissions, and 6,300 tons of direct particulate matter (PM2.5) emissions. These reductions correspond to
significant reductions in the formation of ground-level ozone. We would also expect to see annual reductions of 2,690,000 tons
of carbon monoxide emissions, with the greatest reductions in areas where there have been problems with individual
exposures. The requirements in this rule will substantially benefit public health and welfare and the environment. We estimate
that by 2030, the proposal's emission reductions would annually prevent 450 PM-related premature deaths, approximately 500
hospitalizations, and 52,000 work days lost. The total estimated annual benefits of the proposed rule in 2030 would be $3.4
billion. Estimated costs in 2030 would be many times less at $240 million.
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 90; 40 CFR 91 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7521 to 7601 (a)
Legal Deadline:
Action
NPRM
Other
Source
Statutory
Statutory
Date
12/01/2004
12/31/2005
Regulatory Plan:
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Statement of Need: Nationwide, emissions from Marine SI engines and Small SI engines contribute significantly to
mobile source air pollution. By 2020 without this final rule these engines would account for about 27 percent (1,352,000 tons)
of mobile source volatile organic hydrocarbon compounds (VOC) emissions, 31 percent (16,374,000 tons) of mobile source
carbon monoxide (CO) emissions, 4 percent (202,000 tons) of mobile source oxides of nitrogen (NOx) emissions, and 16
percent (39,000 tons) of mobile source particulate matter (PM2.5) emissions. The new standards will reduce exposure to these
emissions and help avoid a range of adverse health effects associated with ambient ozone, CO, and PM levels. In addition, the
new standards will help reduce acute exposure to CO, air toxics, and PM for persons who operate or who work with or are
otherwise active in close proximity to these engines. They will also help address other environmental problems associated with
Marine SI engines and Small SI engines, such as visibility impairment in our national parks and other wilderness areas. These
effects are described in more detail in subsequent sections of this Preamble.
Legal Basis: Clean Air Act section 213(a)(1) directs EPA to study emissions from nonroad engines and vehicles to
determine, among other things, whether these emissions "cause, or significantly contribute to, air pollution which may
reasonably be anticipated to endanger public health or welfare." Section 213(a)(2) further requires us to determine whether
emissions of CO, VOC, and NOx from all nonroad engines significantly contribute to ozone or CO concentrations in more than
one nonattainment area. If we determine that emissions from all nonroad engines do contribute significantly to these
nonattainment areas, section 213(a) (3) then requires us to establish emission standards for classes or categories of new
nonroad engines and vehicles that cause or contribute to such pollution. Specific statutory direction to set standards for
nonroad spark-ignition engines comes from section 428(b) of the 2004 Consolidated Appropriations Act, which requires EPA to
adopt regulations under the Clean Air Act "that shall contain standards to reduce emissions from new nonroad spark-ignition
engines smaller than 50 horsepower."
Alternatives: For Small spark-ignition engines, we considered what is achievable with catalyst technology. Our technology
assessment work indicated that the proposed emission standards are feasible in the context of provisions for establishing
emission standards prescribed in section 213 of the Clean Air Act. We also considered what can be achieved with larger, more
efficient catalysts and improved fuel induction systems. Based on this work we evaluated more stringent HC+NOx standards
involving a 50 percent reduction for Class I engines and a 65-70 percent reduction for Class II engines. For Marine SI engines,
we considered a more stringent exhaust emission standard for outboard and personal watercraft engines. This second tier of
standards could apply starting in 2012 or later. Such a standard would be consistent with currently certified emission levels
from a significant number of four-stroke outboard engines. We considered both more and less stringent evaporative emission
control alternatives. For small equipment, we considered a less stringent alternative without running loss emission standards.
However, we believe that controlling running loss and diffusion emissions from non-handheld equipment is feasible at a
relatively low cost. For a more stringent alternative, we considered applying a diurnal emission standard for all small
equipment. We believe that passively purging carbon canisters could reduce diurnal emissions by 50 to 60 percent from small
equipment. For marine vessels, we considered a less stringent alternative, where there would be no diurnal emission standard
for vessels with installed fuel tanks. For a more stringent scenario, we considered a standard that would require boat builders
to use an actively purged carbon canister. This means that, when the engine is operating, it would draw air through the canister
to purge the canister of stored hydrocarbons.
Costs and Benefits: The requirements in this proposed rule would substantially benefit public health and welfare and
the environment. We estimate that by 2030, these proposed emission reductions would annually prevent 450 PM-related
premature deaths, approximately 500 hospitalizations, and 52,000 work days lost. The total estimated annual benefits of this
proposed rule in 2030 would be about $3.4 billion. Estimated costs in 2030 would be many times less at $240 million.
Risks: The health benefits associated with this proposed rule are expressed in terms of avoided premature mortalities and
other endpoints, and have been estimated based on scaling of detailed modeling results from EPA's Clean Air Nonroad Diesel
regulation.
Timetable:
Action
NPRM
Final Action
Date
05/18/2007
06/00/2008
FR Cite
72 FR 28098
Additional Information: SAN No. 4882;
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No
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Federalism: No
Energy Affected: No
Agency Contact: Glenn Passavant Environmental Protection Agency
Air and Radiation
2000 Traverwood Dr.
Ann Arbor, Ml 48105
Phone: 734214-4408
FAX: 734214-4816
E-Mail: Passavant.Glenn@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM46
Title: Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire Extinguishing Vessels
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671 to 7671 q
Legal Deadline: None
Timetable:
Action
Other
NPRM
Other
Final Action
Date
04/11/2006
04/11/2006
06/07/2006
11/00/2007
FR Cite
71 FR 18219
71 FR 18259
71 FR 32840
Additional Information: SAN No. 4900; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
April/Day-11/a3462.htm; EPA Docket information: EPA-HQ-OAR-2005-0131
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\title6
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Agency Contact: Bella Maranion Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9749
E-Mail: Maranion.Bella@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM54
Title: Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the
Significant New Alternatives Policy (SNAP) Program
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. The automotive industry,
if they chose to adopt these technologies, would be required to comply with the conditions necessary to deploy these systems
in a safe manner.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40CFR82.180 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671k
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
09/21/2006
11/00/2007
FR Cite
71 FR 55140
Additional Information: SAN No. 4918; EPA publication information: NPRM - NPRM: http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-21/a7967.htm;; EPA Docket information: EPA-OAR-2004-0488
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/ozone/snap/
refrigerants/lists/mvacs.html
Agency Contact: Karen Thundiyil Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9464
E-Mail: Thundiyil.Karen@epamail.epa.gov
Agency Contact: Jeff Cohen Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9005
FAX: 202343-2363
E-Mail: cohen.jeff@epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AM74
Title: NESHAP: Gasoline Distribution Area Source Standards
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 (Jul. 19,1999,40 FR 38706).
Further, we agreed under a 2003 consent agreement to propose a rule for this area source category on or before October 31,
2006, and promulgate a final rule by December 20, 2007. No definitions are published for "Gasoline Distribution Area Sources."
However, it is generally understood to include gasoline storage and transfer operations as gasoline is moved from the
production refinery process units to and including the gasoline station storage tank. Vehicle refueling operations has been
separated when this source category was listed since it is currently regulated under CAA sections 182(b)(3) and 202(a)(6).
Area sources emit or have a potential to emit less than 10 tons per year of any single HAP or less than 25 tons per year of total
HAP. The higher emitting sources (major sources) in this industry are already regulated (40 CFR 63, subpart R) under CAA
section 112 national emission standards.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
10/31/2006
12/20/2007
Timetable:
Action
NPRM
Other
Final Action
Date
11/09/2006
01/08/2007
01/00/2008
FR Cite
71 FR 66064
72 FR 726
Additional Information: SAN No. 4907; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
November/Day-09/a18656.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Stephen Shedd Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27711
Phone: 919541-5397
FAX: 919685-3195
E-Mail: shedd.steve@epa.gov
Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTP, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
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Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM75
Title: NESHAP: General Provisions (Once In Always In)--Amendments
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.1 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 DSC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Other
Final Action
Date
01/03/2007
03/05/2007
12/00/2007
FR Cite
72 FR 69
72 FR 971 8
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 4908; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
January/Day-03/a22283. htm;
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rick Colyer Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27709
Phone: 919541-5262
FAX: 919541-5600
E-Mail: Colyer.Rick@epamail.epa.gov
Agency Contact: Michael Regan Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27709
Phone: 919541-5294
FAX: 919541-5600
E-Mail: regan.michael@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM81
Title: Standards of Performance for Stationary Spark-Ignited Internal Combustion Engines
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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 CM 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, S02, 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CM sec 111
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
05/23/2006
12/20/2007
Timetable:
Action
NPRM
Final Action
Date
06/12/2006
12/00/2007
FR Cite
71 FR 33804
Additional Information: SAN No. 4915; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
June/Day-12/a4919.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Jaime Pagan Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
RTPn, NC 27711
Phone: 919541-5340
FAX: 919541-5450
E-Mail: Pagan.Jaime@epamail.epa.gov
Agency Contact: Robert Wayland Environmental Protection Agency
Air and Radiation
D243-01
Research Triangle Park , NC 27711
Phone: 919541-1045
FAX: 919541-5450
E-Mail: wayland.robertj@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM85
Title: NESHAP: Iron and Steel Foundries; Amendments
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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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline:
Action
NPRM
Source
Judicial
Date
04/09/2007
Timetable:
Action
Other
Other
Other
Date
05/20/2005
04/17/2007
11/00/2007
FR Cite
70 FR 29400
72 FR 191 50
Additional Information: SAN No. 4927; EPA publication information: Final Action 1 - http://www.epa.gov/fedrgstr/EPA-
AIR/2005/May/Day-20/a9592.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: Undetermined
Energy Affected: No
Agency Contact: Phil Mulrine Environmental Protection Agency
Air and Radiation
C439-02
Research Triangle Park, NC 27711
Phone: 919541-5289
E-Mail: Mulrine.Phil@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN12
Title: Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking for Georgia for
Purposes of Reducing Ozone Interstate Transport
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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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51; 40 CFR 78; 40 CFR 97 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA title I
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/08/2007
06/00/2008
FR Cite
72 FR 31771
Additional Information: SAN No. 4960; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
June/Day-08/a11036.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Tim Smith Environmental Protection Agency
Air and Radiation
C539-04
RTP, NC 27711
Phone: 919-541-4718
FAX: 919-541-5489
E-Mail: Smith.Tim@epamail.epa.gov
Agency Contact: Carla Oldham Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3347
FAX: 919541-0824
E-Mail: Oldham.Carla@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN15
Title: Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
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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). We
(EPA) were given the authority to set Yucca Mountain-specific standards in the Energy Policy Act of 1992 (EnPA). The EnPA
also requires NRC to adopt our standards in its licensing regulations and use them as a basis to judge compliance of the
repository's performance. The Agency issued final Yucca Mountain standards in 2001. In July 2004, the DC Circuit Court
returned the standards to EPA for reconsideration of the regulatory time frame. The Court found that the 10,000-year
compliance period violates our authorizing statute for Yucca Mountain regulation because it is not "based upon and consistent
with" scientific recommendations required from the National Academy of Sciences under the legislation. To address the Court's
opinion, we must reassess the time frame in light of the National Academy's recommendation that compliance must be
addressed at the time of peak dose, which may be as long as several hundred thousand years into the future.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 197 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 102-486
Legal Deadline: None
Regulatory Plan:
Statement of Need: Congress selected Yucca Mountain as the Nation's only candidate site for a repository for nuclear
spent fuel and high-level radioactive waste. The Energy Policy Act of 1992 requires EPA to set Yucca-Mountain-specific
standards. Standards were promulgated in 2001. In July 2004, the DC Circuit Court returned the standards to EPA for
reconsideration of the regulatory time frame.
Legal Basis: The Energy Policy Act of 1992 requires EPA to set Yucca-Mountain-specific standards. Standards were
promulgated in 2001. In July 2004, the DC Circuit Court returned the standards to EPA for reconsideration of the regulatory
time frame.
Alternatives: To address the Court's opinion, we must reassess the time frame in light of the National Academy's
recommendation that compliance must be addressed at the time of peak dose, which may be as long as several hundred
thousand years into the future. Alternatives addressing that recommendation will be developed as the rulemaking proceeds.
Costs and Benefits: An economic impact assessment (EIA) was performed for the proposed rulemaking. The EIA
showed that many of the arguments and conclusions of the EIA for the original standards in 2001 are applicable to the
proposed rule, which extends the compliance period from 10,000 years to as long as 1 million years. Specifically, the need to
evaluate compliance with the individual protection standard is the same, the types of information needed to make those
evaluations are the same, the performance assessment methodologies are the same, and the reasonable expectation
approach to establishing the basis for the evaluations and compliance decisions is the same. Consequently, the proposed
changes to the standards do not require additional efforts in site characterization, design, or assessment methodology
development. Because DOE is not expected to make changes, undertake significant site characterization, or drastically revise
its performance approach or models as a result of EPA's revisions to the 2001 rulemaking, there are no costs directly
attributable to EPA's rulemaking.
Risks: As a result of the standards extending to as long as an unprecedented 1 million years, approaches for characterizing
and expressing the risk are under consideration, and will be addressed in the final rulemaking.
Timetable:
Action
NPRM
Final Action
Date
08/22/2005
01/00/2008
FR Cite
70 FR 49014
Additional Information: SAN No. 4964; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
August/Day-22/a16193.htm
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Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Ray Clark Environmental Protection Agency
Air and Radiation
6608J
Washington , DC 20460
Phone: 202343-9198
FAX: 202343-2065
E-Mail: Clark.Ray@epamail.epa.gov
Agency Contact: Raymond Lee Environmental Protection Agency
Air and Radiation
6608J
Washington , DC 20460
Phone: 202343-9463
FAX: 202343-2503
E-Mail: lee.raymond@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN16
Title: Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx Budget Trading
Program
Abstract: This rule would modify the existing requirements for sources affected by the Acid Rain Program, and the NOx
Budget Trading Program. The Acid Rain Continuous Emission Monitoring (CEM) rule would be revised to improve
implementation by making improvements to the monitoring and reporting process that will benefit both EPA and the facilities
affected by the rule. These amendments will have no environmental impacts, and are expected to reduce the ongoing costs
and burden associated with reporting emissions under the current rule by instituting a revised reporting procedure that will
reduce the redundancy that currently exists with the existing procedures. Specifically, as part of its reengineering efforts, EPA is
replacing the existing record type dependant reporting.format to an XML data reporting format that takes advantage of
technological advances in data management. This fundamental change is expected to reduce the costs of programming data
collection systems at the affected facilities and should provide EPA with the flexibility to better adapt its systems to unique data
configurations, which are not currently easily (or properly) adaptable by the current reporting structure. EPA expects to reduce
the cost and burden associated with resubmittals of data reports due to errors identified after the submittals are made. This
action also attempts to clarify, simplify, and enhance certain sections in the CEM rule to make it easier for sources to
understand and comply with the regulation. Examples include: Providing a mechanism for a source to utilize the concept of long-
term cold storage; clarifying that only one monitoring methodology should be specified at any time; and modifying the quality
assurance timing requirements for ozone season only reporters. These amendments need to be finalized prior to the planned
implementation date of January 1, 2007.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 75 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
08/22/2006
11/00/2007
FR Cite
71 FR 49254
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Additional Information: SAN No. 4969; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
August/Day-22/a6819.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Matthew Boze Environmental Protection Agency
Air and Radiation
6204J
Washington , DC 20460
Phone: 202343-9211
FAX: 202343-9211
E-Mail: Boze.Matthew@epamail.epa.gov
Agency Contact: Beth Murray Environmental Protection Agency
Air and Radiation
6204J
Washington, DC 20460
Phone: 202343-9211
FAX: 202343-9211
E-Mail: Murray.Beth@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN17
Title: Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal Plan:
Small Municipal Waste Combustors: Amendments
Abstract: This rule would amend the final (Dec. 2000) small municipal waste combustors (MWC) new source performance
standards (NSPS), emission guidelines (EG), and Federal 111(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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60, subparts AAAA and BBBB; 40 CFR 62, subpart JJJ (To search for a specific CFR, visit the
Code of Federal Regulations)
Legal Authority: CAA sees 111 and 129
Legal Deadline: None
Timetable:
E Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No 4970;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; Local; State
Federalism: No
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Agency Contact: Brian Shrager Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-7689
FAX: 919541-5450
E-Mail: shrager.brian@epa.gov
Agency Contact: Walt Stevenson Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-5264
FAX: 919541-5450
E-Mail: stevenson.walt@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN20
Title: Revisions to Air Emissions Reporting Requirements
Abstract: This action will 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 final rule will resolve these
differences.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, subpart A (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/03/2006
01/00/2008
FR Cite
71 FR69
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Dennis Beauregard Environmental Protection Agency
Air and Radiation
C339-02
RTP, NC 27709
Phone: 919541-5512
FAX: 919541-0684
E-Mail: beauregard.dennis@epa.gov
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Agency Contact: Doug Solomon Environmental Protection Agency
Air and Radiation
C339-02
RTP, NC 27709
Phone: 919541-4132
FAX: 919541-0684
E-Mail: solomon.dougl@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN24
Title: Review of the National Ambient Air Quality Standards for Ozone
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 was reviewed by CASAC and the public, changes were incorporated, and the
final Criteria Document was released on March 21,2006. The Staff Paper was released on January 31, 2007. 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.
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for'a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7409
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
06/20/2007
03/12/2008
Regulatory Plan:
Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for ozone are to be
reviewed every five years.
Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate
"primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria"
pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to
protect against public welfare or ecosystem effects.
Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality
standards for ozone are whether to reaffirm or revise the existing standards.
Costs and Benefits: A regulatory impact analysis (RIA) has been prepared that presents the costs and benefits
associated with the proposed revised ozone standards and two other alternative standards This RIA was issued in late July,
and the document is available at http://www.epa.gov/ttn/ecas/ria.html.
Risks: The current national ambient air quality standards for ozone are intended to protect against public health risks
associated with morbidity and/or premature mortality and public welfare risks associated with adverse vegetation and
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ecosystem effects. During the course of this review, risk assessments will be conducted to evaluate health and welfare risks
associated with retention or revision of the ozone standards.
Timetable:
Action
Notice
NPRM
Final Action
Date
12/29/2005
07/11/2007
03/00/2008
FR Cite
70 FR 77155
72 FR 3781 8
Additional Information: SAN No. 5008; EPA publication information: Notice - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
December/Day-29/a24608.pdf;
_ . . ... ...... . . _. . . .. Government Levels Affected: Federal; State; Local;
Regulatory Flexibility Analysis Required: No '
I nodi
Small Entities Affected: No Federalism: No
Energy Affected: Undetermined
Agency Contact: Dave McKee Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-5288
FAX: 919541-0237
E-Mail: mckee.dave@epa.gov
Agency Contact: Karen Martin Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park , NC 27711
Phone: 919541-5274
FAX: 919541-0237
E-Mail: martin.karen@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN26
Title: Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classification
Abstract: This rule was issued as a result of EPA's Reconsideration of the Phase 1 Rule to Implement the 8-Hour Ozone
NAAQS as requested by Earthjustice. Specifically, this rule will address the Overwhelming Transport Classification. The Phase
1 Rule provided specific requirements for State and local air pollution control agencies and tribes to prepare State
implementation plans (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 1
Rule addressed the requirements of the CAA and the Supreme Court's ruling.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7410; 42 USC 7501 to 7511f; 42 USC 7601(a)(1)
Legal Deadline: None
Timetable:
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Unified Agenda
Action
NPRM
Final Action
Date
03/27/2006
08/00/2008
FR Cite
71 FR 15098
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Denise Gerth Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-5550
E-Mail: Gerth.Denise@epa.gov
Agency Contact: John Silvasi Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-5666
FAX: 919541-0824
E-Mail: silvasi.john@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN28
Title: Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric
Generating Units
Abstract: This rulemaking would revise the 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). The existing emissions 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 test will be based either on maximum achieved or maximum achievable hourly emissions, measured on an
input or an output basis. One proposed option provides that the maximum hourly emissions increase test would be followed by
the annual emissions increase test in the current rules.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51; 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Clean Air Act, title I, parts C and D and Section 111 (a)(4)
Legal Deadline: None
Regulatory Plan:
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Statement of Need: Utilization of this rulemaking's alternative NSR applicability test for existing EGUs would encourage
increased utilization at the more efficient units by displacing energy production at less efficient ones.
Legal Basis: Parts C and D of title I of the Clean Air Act; CAA section 111 (a)(4)
Alternatives: The proposed basis for the applicability test is a comparison of maximum hourly emissions, which will
enhance the implementation and environmental benefits for existing EGUs.
Costs and Benefits: We are not able to provide quantitative estimates of the costs and benefits of this rule because of
the difficulty in identifying the quantity and locations of sources that will utilize this rulemaking in the future, and the difficulty in
specifically quantifying the difference in environmental outcomes that would result with and without the rule. Qualitatively, our
analysis indicates that we anticipate a reduction in recordkeeping and reporting-and therefore a decrease in cost--and we
expect that the environmental benefits of the program would not significantly change and may improve as a result of the
positive impact on the safety, reliability, and efficiency of EGUs as a result of this rulemaking.
Risks: Risk information will be developed as appropriate as the rulemaking proceeds.
Timetable:
Action
NPRM
Supplemental NPRM
Final Action
Date
10/20/2005
05/08/2007
08/00/2008
FR Cite
70 FR 61081
72 FR 26202
Regulatory Flexibility Analysis Required: No
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.
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/nsr
Agency Contact: Lisa Sutton Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park , NC 27711
Phone: 919541-3450
FAX: 919541-5509
E-Mail: Sutton.Lisa@epamail.epa.gov
Agency Contact: Dave Svendsgaard Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-2380
FAX: 919541-5509
E-Mail: svendsgaard.dave@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN43
Title: Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9, 2004
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Abstract: In this OSWI Federal plan rulemaking, EPA becomes an implementing authority in those instances where the
State or local agency has failed to submit a plan or a plan has not yet been approved. Therefore, consistent with section 129(b)
(3) of the Act, this rulemaking would impose a Federal plan that applies to OSWI in any State, tribe, or locale that has not
submitted an approvable plan within the time allotted. This action makes no changes to the requirements in the December 2005
rule, and is intended to fulfill EPA's duty under section 129(b)(3) to promulgate a Federal plan as a gap-filling measure until the
State fulfills its statutory obligations. When the State submits an approvable State Plan, the Federal plan will no longer apply to
units in that State.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 62 (New) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sees 129 and 111 (d)
Legal Deadline:
Action
Other
Source
Statutory
Date
12/16/2007
Timetable:
Action
NPRM
Final Action
Date
12/18/2006
12/00/2007
FR Cite
71 FR 75816
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
Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
Tribal
Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: No
Agency Contact: Martha Smith Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27709
Phone: 919541-2421
E-Mail: smith.martha@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN62
Title: NESHAP: Area Source Standards-Reciprocating Internal Combustion Engines
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Unified Agenda
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
10/31/2006
12/20/2007
Timetable:
Action
NPRM
Final Action
Date
06/12/2006
12/00/2007
FR Cite
71 FR 33804
Additional Information: SAN No. 5014; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
June/Day-12/a4919.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Jaime Pagan Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
RTPn, NC 27711
Phone: 919541-5340
FAX: 919541-5450
E-Mail: Pagan.Jaime@epamail.epa.gov
Agency Contact: Robert J Wayland Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-1045
FAX: 919541-5450
E-Mail: wayland.robertj@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN63
Title: Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone Standard for Bump-Up Areas Designated
Attainment for the 1-Hour Ozone Standard Prior to Revocation
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Unified Agenda
Abstract: Reformulated Gasoline (RFG) is gasoline blended to reduce emissions that cause ozone smog. The Clean Air Act
(CAA) requires certain areas to use RFG, depending on how serious is the ozone problem--!.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 anti-backsliding 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Clean Air Act
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/23/2006
03/00/2008
FR Cite
71 FR
Additional Information: SAN No. 5022; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
June/Day-23/a5620.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Kurt Gustafson Environmental Protection Agency
Air and Radiation
6406J
Washington , DC 20460
Phone: 202343-9219
FAX: 202343-2800
E-Mail: gustafson.kurt@epa.gov
Agency Contact: Leila Cook Environmental Protection Agency
Air and Radiation
AASMCG
Ann Arbor, Ml 48105
Phone: 734214-4820
E-Mail: cook.leila@epa.gov
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN69
Title: National Volatile Organic Compound Emission Standards for Aerosol Coatings
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 (CARB) Regulation for
Reducing the Ozone Formed from Aerosol Coating Product Emissions. EPA granted final approval of the revisions to the
California State Implementation Plan containing this regulation on September 13, 2005. Although mass-based VOC reductions
have been made in the aerosol coating category, this reactivity-based approach will achieve additional reductions in ozone
formation where further mass-based reductions have proven to be technologically infeasible. This national rule is projected to
better control a product's contribution to ozone formation by encouraging reductions of higher reactivity VOCs, rather than
treating all VOCs in a product alike through a mass-based approach.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 59 subpart E (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7511 b
Legal Deadline:
Action
Other
Source
Judicial
Date
09/28/2007
Timetable:
Action
NPRM
Final Action
Date
07/16/2007
11/00/2007
FR Cite
72 FR 38952
Additional Information: SAN No. 5030; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
July/Day-16/a13108.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Kaye Whitfield Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park , NC 27711
Phone: 919541-2509
FAX: 919541-0072
E-Mail: whitfield.kaye@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN71
Title: New Source Performance Standards (NSPS): Equipment Leaks-Subparts VV & GGG
Abstract: Section 111(b)(1)(B) of the Clean Air Act requires EPA to review new source performance standards at least
every 8 years. Under this project, we will review and, if appropriate, revise the new source performance standards for
equipment leaks (subparts 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). We will determine if actual emission reductions currently being achieved due to other programs are greater than the
requirements in the current NSPS standards, and whether the current NSPS standards should be revised.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
10/31/2006
10/31/2007
Timetable:
Action
NPRM
Other
Other
Final Action
Date
11/07/2006
01/08/2007
07/09/2007
11/00/2007
FR Cite
71 FR 65302
72 FR 724
72 FR 371 57
Additional Information: SAN No. 5035; EPA publication information: NPRM; extension of comment period - http://epa.
gov/EPA-AIR/2007/January/Day-08/a020.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Karen Rackley Environmental Protection Agency
Air and Radiation
C439-02
RTP, NC 27711
Phone: 919541-0634
FAX: 919541-3207
E-Mail: rackley.karen@epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN72
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Monday, December 10, 2007
Unified Agenda
Title: Petroleum Refineries-New Source Performance Standards (NSPS)-Subpart J
Abstract: Section 111(b)(1)(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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations 1
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
Action
NPRM
Other
Source
Judicial
Judicial
Date
04/30/2007
04/30/2008
Timetable:
Action
NPRM
Other
Final Action
Date
05/14/2007
06/28/2007
05/00/2008
FR Cite
72 FR 27178
72 FR 35375
Additional Information: SAN No. 5036; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
May/Day-14/a8547.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Bob Lucas Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27709
Phone: 919541-0884
FAX: 919541-0246
E-Mail: Lucas.Bob@epamail.epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN75
Title: Revision to Definition of Volatile Organic Compounds-Exclusion of Two Compounds
Abstract: The EPA is proposing to add three compounds (benzotrifluoride, propylene carbonate, and dimethyl carbonate) to
the list of negligibly reactive compounds in EPA's definition of VOC.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
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Unified Agenda
CFR Citation: 40CFR51.100 (To search for a specific CFR, visit the Code of Federal Regulations}
Legal Authority: CM
Legal Deadline: None
Timetable:
Action
NPRM
NPRM Comment Period End
Final Action
Date
10/01/2007
10/31/2007
08/00/2008
FR Cite
72 FR 5571 7
Additional Information: SAN No. 5045;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: William L Johnson Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park , NC 27711
Phone: 919541-5245
FAX: 919541-0824
E-Mail: johnson.williaml@epamail.epa.gov
Agency Contact: Terry Keating Environmental Protection Agency
Air and Radiation
6103A
Washington, DC 20460
Phone: 202564-1174
E-Mail: keating.terry@epa.gov
Government Levels Affected: Federal; State
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN82
Title: Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Transportation Bill
(SAFETEA-LU)
Abstract: The transportation conformity rule ensures that transportation planning is consistent with a State's plan for
achieving the air quality standards. These amendments to the rule are necessary as a result of the changes to the Clean Air
Act's transportation conformity provisions as mandated by the recent transportation bill, SAFETEA-LU. SAFETEA-LU revised a
number of aspects of the Clean Air Act's transportation conformity provisions including: 1) Providing an additional 6 months to
re-determine conformity after new State implementation plan (SIP) motor vehicle emissions budgets are either found adequate,
approved or promulgated; 2) changing the frequency requirements for transportation conformity determinations; 3) providing an
option for reducing the time period covered by conformity determinations; 4) providing procedures for areas to use in
substituting or adding transportation control measures (TCMs) to approved SIPs; 5) adding a one-year grace period for
conformity lapses; and 6) streamlining requirements for conformity SIPs.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 93; 40 CFR 51.390 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7506
Legal Deadline:
Action
Other
Source
Statutory
Date
08/09/2007
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Timetable:
Action
NPRM
Final Action
Date
05/02/2007
01/00/2008
FR Cite
72 FR 24472
Additional Information: SAN No. 5057; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
May/Day-02/a7770.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal: Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rudolph Kapichak Environmental Protection Agency
Air and Radiation
AASMCG
Ann Arbor, Ml 48105
Phone: 734214-4574
FAX: 734214-4052
E-Mail: Kapichak.Rudolph@epamail.epa.gov
Agency Contact: Laura Berry Environmental Protection Agency
Air and Radiation
AASMCG
Ann Arbor, Ml 48105
Phone: 734214-4858
FAX: 734214-4052
E-Mail: Berry.Laura@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN86
Title: Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Abstract: This rulemaking action is the final rule which lays out the provisions and requirements for implementation of the
NSR program for particulate matter less than 2.5 microns in diameter (PM2.5). This rule would apply to new and modified major
stationary sources of PM2.5. 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, included
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 inter pollutant trading of
offsets and finally the transition provisions.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7410; 42 USC 7501 et seq
Legal Deadline: None
Regulatory Plan:
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Statement of Need: This rule is needed to promulgate the federal requirements for implementing a PM2.5 NSR program
States and local agencies have until April 5, 2008 in preparing State implementation plans (SIPs) designed to address the NSR
requirements for PM2.5.
Legal Basis: 42 USC 7410 and 42 USC 7501 et seq.
Alternatives: Alternatives will be explored as the final rule is developed.
Costs and Benefits: We are not able to provide quantitative estimates of the costs and benefits of this rule because of
our inability to specifically identify the quantity, types, and locations of sources that will be subject to this rulemaking in the
future, and the difficulty in specifically quantifying the difference in environmental outcomes that would result with and without
the rule. Qualitatively, our analysis indicates that we do not expect this rule to add to the costs of the program, nor do we
expect that the benefits of the program will significantly change.
Risks: Since the risks of PM2.5 emissions exposure have been addressed in the PM2.5 NMQS rule, we do not anticipate
any additional risk reduction as a result of implementing this rule.
Timetable:
Action
NPRM
Final Action
Date
11/01/2005
11/00/2007
FR Cite
70 FR 65984
Additional Information: SAN No. 4752.2; Split from RIN 2060-AK74.
o it ci -u-i-i A i • n • j M Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I riDdl
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Raj Rao Environmental Protection Agency
Air and Radiation
C339-03
RTP , NC 27709
Phone: 919541-5344
FAX: 919541-5509
E-Mail: rao.raj@epa.gov
Agency Contact: Dan Deroeck Environmental Protection Agency
Air and Radiation
C339-03
RTP, NC 27709
Phone: 919541-5593
FAX: 919685-3009
E-Mail: deroeck.dan@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN87
Title: Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Article 5 Countries
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 US 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
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CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations;
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
08/23/2006
07/00/2008
FR Cite
71 FR 49395
Additional Information: SAN No. 4697.1; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-23/a13951 .htm; Split from RIN 2060-AK45.; EPA Docket information: EPA-HQ-OAR-2005-0151
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/ozone/title6/
phaseout7index.html
Agency Contact: Cindy Newberg Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9729
E-Mail: Newberg.Cindy@epamail.epa.gov
Agency Contact: Ross Brennan Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9226
FAX: 202 565-2079
E-Mail: Brennan.Ross@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN88
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in
Recordkeeping
Abstract: This rulemaking would clarify the "reasonable possibility" recordkeeping standard that we promulgated in the NSR
Reform rule of 2002. In June 2005, the D.C. Circuit Court remanded the rule for EPA to provide such clarification. For tracking
and reporting, certain records must be kept only if there is a "reasonable possibility" that a proposed project will result in a
significant emissions increase. We are proposing one or more scenarios under which the recordkeeping standard is applicable.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, app S; 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the
Code of Federal Regulations)
Legal Authority: CAA title 1 parts C and D
Legal Deadline:
Action
Other
Source
Judicial
Date
09/30/2007
Timetable:
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Action
NPRM
Final Action
Date
03/08/2007
12/00/2007
FR Cite
72 FR 10445
Additional Information: SAN No. 5076; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
March/Day-08/a3897.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Lisa Button Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park , NC 27711
Phone: 919541-3450
FAX: 919541-5509
E-Mail: Sutton.Lisa@epamail.epa.gov
Agency Contact: Jessica Montanez Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-3407
FAX: 919541-5509
E-Mail: montanez.jessica@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN98
Title: Clean Air Mercury Rule: Federal Plan
Abstract: This action is a Federal Plan to implement the requirements of the Clean Air Mercury Rule (CAMR) for States that
do not have a timely, approved State Plan, as well as the two tribes affected by the rule. The Federal Plan implements the
requirements of CAMR by requiring that electric generating units in 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. This action also makes minor revisions to the CAMR model
cap and trade rule and the Acid Rain Program regulations.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec111
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/22/2006
01/00/2008
FR Cite
71 FR 77099
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Additional Information: SAN No. 5094; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
December/Day-22/a21573.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: Yes
Agency Contact: Erich Eschmann Environmental Protection Agency
Air and Radiation
6204J
Washington, DC 20460
Phone: 202343-9128
FAX: 202343-2359
E-Mail: Eschmann.Erich@epamail.epa.gov
Agency Contact: Meg Victor Environmental Protection Agency
Air and Radiation
6204J
Washington, DC 20460
Phone: 202343-9193
E-Mail: Victor.Meg@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A002
Title: Refinement to Increment Modeling Procedures
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 locating
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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA title I, part C
Legal Deadline: None
Timetable:
Action
NPRM
NPRM Comment Period End
Final Action
Date
06/06/2007
08/06/2007
12/00/2007
FR Cite
72 FR 31 372
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Additional Information: SAN No. 5100; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
June/Day-06/a10459.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Jessica Montanez Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-3407
FAX: 919541-5509
E-Mail: montanez.jessica@epamail.epa.gov
Agency Contact: Dave Svendsgaard Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-2380
FAX: 919541-5509
E-Mail: svendsgaard.dave@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A003
Title: National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations-
Amendment
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. This final action 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec112
Legal Deadline:
Action
Other
Source
Statutory
Date
01/02/2007
Timetable:
Action
Direct final Rule
NPRM
Other
Final Action
Date
12/29/2006
12/29/2006
02/27/2007
11/00/2007
FR Cite
71 FR 78369
71 FR 78392
72 FR 8630
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Additional Information: SAN No. 5106; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
December/Day-29/a22428.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Mohamed Serageldin Environmental Protection Agency
Air and Radiation
E-143-03
RTP, NC 27711
Phone: 919541-2379
FAX: 919541-3470
E-Mail: serageldin.mohamed@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A004
Title: Hospital/Medical/lnfectious Waste Incineration Units-Response to Remand and 5-Year Technology Review
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 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 will prevent backsliding of HMIWI unit performance.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
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Action
NPRM
Other
Source
Judicial
Judicial
Date
01/27/2007
01/27/2008
Timetable:
Action
NPRM
Final Action
Date
02/06/2007
02/00/2008
FR Cite
72 FR 5510
Additional Information: SAN No. 5071; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
February/Day-06/a1617.htm; EPA Docket information: EPA-HQ-OAR-2006-0534
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: 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: 919541-5025
FAX: 919541-5450
E-Mail: johnson.mary@epa.gov
Agency Contact: Brian Shrager Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-7689
FAX: 919541-5450
E-Mail: shrager.brian@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A005
Title: Final Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the Denver
Early Action Compact
Abstract: This rule finalizes the deferral of the effective date of nonattainment designations for the Denver Early Action
Compact (EAC) area from September 14,2007, until November 15 or December 15, 2007, date to be determined based on a
settlement agreement being negotiated with the litigants. 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 September 14, 2007, to defer the
nonattainment designation.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7407; 42 USC 7501 to 7515; 42 USC 7601
Legal Deadline:
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Action
NPRM
Other
Source
Judicial
Judicial
Date
03/01/2007
06/01/2007
Timetable:
Action
NPRM
Final Action
Other
Date
03/01/2007
06/28/2007
11/00/2007
FR Cite
72 FR 9285
72 FR 35356
Additional Information: SAN No. 4839.6; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-01/a3584.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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Barbara Driscoll Environmental Protection Agency
Air and Radiation
C504-05
Washington, DC 20460
Phone: 919541-1051
FAX: 919541-5489
E-Mail: driscoll.barbara@epa.gov
Agency Contact: David Cole Environmental Protection Agency
Air and Radiation
C304-05
Washington, DC 20460
Phone: 919541-5565
E-Mail: Cole.David@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A018
Title: Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors
(MWCs)
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).
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
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Legal Authority: CM sec 129
Legal Deadline:
Action
Other
Source
Judicial
Date
07/16/2007
Timetable:
Action
Other
Final Action
Date
03/20/2007
11/00/2007
FR Cite
72 FR 13016
Additional Information: SAN No. 5120; EPA publication information: Notice of reconsideration of final rule - http://www.
epa.gov/fedrgstr/EPA-AIR/2007/March/Day-20/a5022.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Walt Stevenson Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-5264
FAX: 919541-5450
E-Mail: stevenson.walt@epa.gov
Agency Contact: Brian Shrager Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-7689
FAX: 919541-5450
E-Mail: shrager.brian@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A026
Title: 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
Abstract: In a 2003 FRM promulgating new standards for these engines (68 FR 9746, Feb. 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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 94 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
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Timetable:
Action
Direct final Rule
NPRM
Other
Final Action
Date
04/27/2007
04/27/2007
06/19/2007
11/00/2007
FR Cite
72 FR 20948
72 FR 20977
72 FR 33694
Additional Information: SAN No. 5130; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
April/Day-27/a8103.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Michael Samulski Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4532
FAX: 734214-4050
E-Mail: samulski.michael@epa.gov
Agency Contact: Jean-Marie Revelt Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4822
FAX: 734214-4816
E-Mail: revelt.jean-marie@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A030
Title: Protection of the Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671c(d)(6)
Legal Deadline: None
Timetable:
Action
Other
NPRM
NPRM Comment Period End
Final Action
Date
04/17/2007
08/27/2007
09/26/2007
12/00/2007
FR Cite
72 FR 19197
72 FR 48956
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Additional Information: SAN No. 5138; EPA publication information: Notice of Solicitation of Applications - http://www.
epa.gov/fedrgstr/EPA-AIR/2007/April/Day-17/a7279.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Aaron Levy Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9215
FAX: 202343-2338
E-Mail: Levy.Aaron@epamail.epa.gov
Agency Contact: Marta Montoro Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9321
E-Mail: montoro.marta@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A031
Title: Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides, Subparts H
and I
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 61.90(a); 40 CFR 61.101(a) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5114;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Behram Shroff Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 343-9707
FAX: 202 343-9707
E-Mail: shroff.behram@epamail.epa.gov
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Agency Contact: Dan Schultheisz Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202343-9349
FAX: 202343-2304
E-Mail: schultheisz.daniel@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A032
Title: Protection of Stratospheric Ozone: Revision of Refrigerant Recycling and Recovery Equipment Standards
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5065;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/ozone/snap/
refrigerants/lists/mvacs.html
Agency Contact: Karen Thundiyil Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9464
E-Mail: Thundiyil.Karen@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A036
Title: Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections
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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,
Dec. 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)(1)(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 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 49 USC 32901 et seq
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
01/00/2008
FR Cite
Additional Information: SAN No 5124;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Linda Hormes Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
Ann Arbor, Ml 48105
Phone: 734214-4502
FAX: 734214-4053
E-Mail: Hormes.Linda@epamail.epa.gov
Agency Contact: David Good Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Ann Arbor, Ml 48105
Phone: 734214-4450
FAX: 734214-4053
E-Mail: Good.David@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A037
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Title: Nonroad Diesel Technical Amendments
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 89; 40 CFR 1039 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: EO 12866; EO 13132; EO 13175; EO 13045; EO 13211
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5125;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Zuimdie Guerra Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, Ml 48105
Phone: 734214-4387
FAX: 734214-4816
E-Mail: guerra.zuimdie@epa.gov
Agency Contact: Cleophas Jackson Environmental Protection Agency
Air and Radiation
CISD
Ann Arbor, Ml 48105
Phone: 734214-4824
FAX: 734214-4816
E-Mail: jackson.cleophas@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR) RIN: 2060-A039
Title: Recommended Test Methods for State Implementation Plans, Addition of Method 207, "Pre-Survey Procedure for Corn
Wet-Milling Facility Emission Sources"
Abstract: Method 207 will produce more accurate measurement of the mass of volatile organic carbon (VOC) emissions
from corn wet-milling operations than any other current method for measuring VOC. The method will allow the EPA to make a
more accurate assessment of whether corn wet-milling plants are major sources under the Federal programs for New Source
Review and Prevention of Significant Deterioration. This method was developed by the Corn Refiners Association specifically
for corn wet-milling plants as an alternative to existing EPA methods for measuring VOC. The Corn Refiners Association
requested that EPA promulgate these methods to make them more widely available and acceptable for use in meeting various
environmental regulations.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, app M (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
220
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Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5140;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Gary McAlister Environmental Protection Agency
Air and Radiation
E 143-02
Research Triangle Park, NC 27711
Phone: 919541-1062
FAX: 919541-0516
E-Mail: mcalister.gary@epa.gov
Agency Contact: Candace Sorrell Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-1064
FAX: 919541-1039
E-Mail: Sorrell.Candace@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR) RIN: 2060-A044
Title: Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008
Abstract: EPA is seeking to allocate essential use allowances for import and production of class I stratospheric ozone
depleting substances for calendar 2008. Essential use allowances enable a person to obtain newly produced or imported
controlled class I ozone-depleting substances under the essential use 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671 to 7671q; 42 USC 7414; 42 USC 7601
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/12/2007
12/00/2007
FR Cite
72 FR 32269
Additional Information: SAN No. 5157; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
June/Day-12/a11299.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
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Unified Agenda
Agency Contact: Kirsten Cappel Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9556
FAX: 202 343-2338
E-Mail: Cappel.Kirsten@epamail.epa.gov
Agency Contact: Ross Brennan Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9226
FAX: 202565-2079
E-Mail: Brennan.Ross@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A045
Title: Revisions to Consolidated Federal Air Rule
Abstract: This direct final rule will extend the time period required for source owners and operators to conduct performance
tests during force majeure situations. A force majeure is an event caused by circumstances beyond the control of 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. The EPA is publishing this rule
without a prior proposed rule because we view this as a non-controversial action and anticipate no adverse comment. On May
16, 2007, we published a final rule that revised the General Provisions for Standards of Performance for New Stationary
Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air
Pollutants for Source Categories to allow extensions to the deadline imposed for source owners and operators to conduct
performance tests due to force majeure circumstances. We recently realized that we should have also revised the Consolidated
Federal Air Rule to allow extensions to the deadline imposed for source owners and operators to conduct performance tests in
these circumstances.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
Direct final Rule .
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5165;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: Federal; State
Federalism: No
222
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Unified Agenda
Agency Contact: Lula Melton Environmental Protection Agency
Air and Radiation
C304-02
Washington, DC 20460
Phone: 919541-2910
FAX: 919541-1039
E-Mail: melton.lula@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A051
Title: Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emissions From Hot Mix
Asphalt Plant Dryers
Abstract: Method 208 will produce more accurate measurement of the mass of volatile organic carbon (VOC) emissions
from asphalt paving operations than any other current method for measuring VOC. The method will allow the EPA to make a
more accurate assessment of whether asphalt paving plants are major sources under the Federal programs for New Source
Review and Prevention of Significant Deterioration. This method was developed by the National Asphalt Paving Association
specifically for asphalt paving plants as an alternative to existing EPA methods for measuring VOC. The National Asphalt
Paving Association requested that EPA promulgate these methods to make them more widely available and acceptable for use
in meeting various environmental regulations.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
01/00/2008
FR Cite
Additional Information: SAN No. 5146;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Gary McAlister Environmental Protection Agency
Air and Radiation
E 143-02
Research Triangle Park , NC 27711
Phone: 919541-1062
FAX: 919541-0516
E-Mail: mcalister.gary@epa.gov
Agency Contact: Candace Sorrell Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-1064
FAX: 919541-1039
E-Mail: Sorrell.Candace@epamail.epa.gov
Government Levels Affected: No
Federalism: No
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A052
Title: National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities: Corrections
Abstract: We are taking direct final action on amendments to the national perchloroethylene air emission standards for dry
cleaning facilities promulgated on July 27, 2006 (FR 71 42724), under the authority of section 112(d) of the Clean Air Act
(CAA). These amendments will add rule text to clarify that requirements for monitoring dry cleaning drums using a colorimetric
detector was intended only for major sources (not for area sources) and that, when monitoring for condenser operation, either
pressure or temperature monitoring methods are equally acceptable. Without these corrections, the rule erroneously "implies"
that: 1) Area sources are required to perform colorimetric monitoring, and; 2) that dry cleaning machines with installed pressure
gauges must use "only" the pressure method for monitoring the condenser operation, when the temperature test is equally
acceptable.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63, subpart M (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5150;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Warren Johnson Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5124
FAX: 919541-3470
E-Mail: Johnson.Warren@epamail.epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A053
Title: National Emission Standards for Hazardous Air Pollutants: Appendix A-Test Methods; Amendments to Method 301
Abstract: This action amends EPA's Method 301; Field Validation of Pollutant Measurement Methods from Various Waste
Media. Method 301 can be found in appendix A of 40 CFR, part 63 (Test Methods). Method 301 was promulgated with 40 CFR,
part 63, subpart D (Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants) (58 FR
27338, June 13,1991) pursuant to section 112 of the Clean Air Act (as amended in 1990). This action finalizes amendments to
Method 301 based on comments received on proposed changes to the Method published in the Federal Register on December
22, 2004 (69 FR 76642), and amends errors identified in the proposed amendments to the Method.
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Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
12/22/2004
01/00/2008
FR Cite
69 FR 76642
Additional Information: SAN No. 5156;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Gary McAlister Environmental Protection Agency
Air and Radiation
E 143-02
Research Triangle Park , NC 27711
Phone: 919541-1062
FAX: 919541-0516
E-Mail: mcalister.gary@epa.gov
Agency Contact: Robin Segall Environmental Protection Agency
Air and Radiation
E143-02
Research Triangle Park , NC 27711
Phone: 919541-0893
FAX: 919541-0516
E-Mail: Segall.Robin@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A055
Title: Petroleum Refinery Residual Risk Standards
Abstract: Section 112(f) of the Clean Air Act requires EPA to assess residual risks that remain after implementation of
technology-based standards for each category of major sources of air-toxic emissions. Section 112(f) also mandates EPA to
develop additional emission standards for these sources, as necessary, to protect public health with an ample margin of safety
or to prevent significant and widespread adverse environmental effects. The current rule covers emissions from certain process
vents, storage vessels, wastewater streams, loading racks, marine tank vessel loading operations, and equipment leaks. Under
this project, we will model the emissions to determine the residual risk associated with the current control technologies. Section
112(d)6 requires EPA to review and revise as necessary emissions standards taking into account developments in practices,
processes, and control technologies. We will examine the refinery control technologies to see what improvements have been
made in the 12 years since this rulemaking was promulgated. This rulemaking is under a consent decree to fulfill requirements
of section 112(d)6 requiring proposal by August 21,2007, and promulgation by August 21,2008.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec 112(f)(2); CAA 112(d)(6)
Legal Deadline:
225
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Unified Agenda
Action
NPRM
Other
Source
Judicial
Judicial
Date
08/21/2007
08/21/2008
Timetable:
Action
NPRM
Final Action
Date
09/04/2007
08/00/2008
FR Cite
72 FR 50716
Additional Information: SAN No. 5093.1; Split from RIN 2060-AN85.
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-04/a17009.pdf
Agency Contact: Bob Lucas Environmental Protection Agency
Air and Radiation
C439-03
RTP, NC 27709
Phone: 919541-0884
FAX: 919541-0246
E-Mail: Lucas.Bob@epamail.epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington , DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A059
Title: Interpretation of the National Ambient Air Quality Standards for PM2.5~Correcting and Simplifying Amendment
Abstract: EPA recently finalized changes to the data handling conventions and computations in 40 CFR part 50 necessary
for determining when the annual and 24-hour primary national ambient air quality standards for fine particles (PM2.5) are met
(appendix N). These changes were made in support of revisions to the Particulate Matter Ambient Air Quality Standards that
were finalized in the same rulemaking. Following the publication of this rule, an omission was discovered in the rule text
explaining the procedures for calculating the key statistic (98th percentile) involved with determining compliance with the 24-
hour standard in situations when extra samples were taken above the intended sampling frequency. If the rule text error is left
unchanged, the resulting statistic for calculating compliance with the 24-hour fine particle standard would be biased low at
some samplers, leading to potentially incorrect decisions concerning the attainment or nonattainment of areas with respect to
the 24-hour PM2.5 ambient standard. In this Direct Final Action, EPA will correct the error that leads to incorrectly calculated 24-
hour fine particle 98th percentile statistics. The correction will involve the replacement of the currently-used statistical formulae
and instructions with a simpler look-up table approach that will be easier for data users to employ while retaining numerical
consistency with historical EPA practice.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
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Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5167;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
Energy Affected: No
Agency Contact: Mark Schmidt Environmental Protection Agency
Air and Radiation
C304-04
RTP, NC 27711
Phone: 919541-2416
FAX: 919541-2357
E-Mail: schmidt.mark@epa.gov
Agency Contact: Lewis Weinstock Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park, NC 27711
Phone: 919541-3661
FAX: 919541-1903
E-Mail: Weinstock.Lewis@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A069
Title: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles
Abstract: This rule will modify an existing rule (70 FR 34594, Jun. 14, 2005) that implemented EPA's in-use test program
that is currently operational. This direct final rulemaking (DFR) will add new emission measurement accuracy margins for
portable emission measurement systems used in that program. These new accuracy margins are the result of a joint research
program by EPA, the California Air Resources Board, and the Engine Manufacturers Association. All parties concur with the
new margins. The aforementioned existing rule that implemented the manufacturer-run, in-use test program described the joint
research program referenced above and noted that the resultant accuracy margins would be added to the applicable regulation
by a subsequent direct final rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 DSC 7401 et seq
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No. 5149;
Regulatory Flexibility Analysis Required: No
Government Levels Affected: No
227
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Unified Agenda
Small Entities Affected: No
Energy Affected: No
Agency Contact: Rich Wilcox Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
Ann Arbor, Ml 48105
Phone: 734214-4390
E-Mail: Wilcox.Rich@epamail.epa.gov
Agency Contact: Khesha Jennings Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington, DC 20460
Phone: 202343-9499
E-Mail: Jennings.Khesha@epamail.epa.gov
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A071
Title: Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low Sulfur Diesel
Abstract: This rule provides flexibility to refiners, importers, and distributors of diesel fuel by amending the ultra-low sulfur
diesel (ULSD) regulations to allow a nationwide sampling and testing program to be used as an alternative means of meeting
the sampling and testing defense elements under 40 CFR section 80.613. This alternative method would consist of a
comprehensive program of quality assurance sampling and testing calculated to achieve the same objectives as the current
regulatory quality assurance requirement; i.e. that the sulfur content in ULSD does not exceed regulatory limits. The program
would be carried out by an independent association funded by an industry consortium, and would be conducted pursuant to a
survey plan, approved by EPA.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 211
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
08/00/2008
FR Cite
Additional Information: SAN No. 5154;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Jaimee Dong Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20460
Phone: 202 343-9672
E-Mail: Dong.Jaimee@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
228
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A074
Title: Performance Specification 16-Spedfications and Test Procedures for Predictive Emission Monitoring Systems in
Stationary Sources
Abstract: Performance Specification 16 is being promulgated to provide performance criteria for predictive emission
monitoring systems. Predictive systems represent a new technology that uses process information or parameters to predict
pollutant emissions instead of directly measuring them. Performance Specification 16 was proposed on August 8, 2005. The
comments received from the public have been considered and the performance specification has been edited to reflect those
comments that warrant revision. Performance Specification 16 will primarily apply to facilities whose emissions can be predicted
from process parameters such as combustion processes (including gas turbines and internal combustion engines).
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7411
Legal Deadline: None
Timetable:
Action
NPRM
Supplemental NPRM
Final Action
Date
08/08/2005
11/01/2005
01/00/2008
FR Cite
70 FR 45608
70 FR 65873
Additional Information: SAN No. 4119. This rule was mistakenly listed as Completed in the Spring 2006 Regulatory
Agenda under RIN 2060-AH84. NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/August/Day-08/a15330.htm Supplemental
NPRM-http://www.epa.gov/fedrgstr/EPA-AIR/2005/November/Day-01/a21755.htm
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 331111; 336112; 32411; 33241; 32211; 562213; 333611
Agency Contact: Foston Curtis Environmental Protection Agency
Air and Radiation
MD-19
Washington, DC 20460
Phone: 919541-1063
E-Mail: Curtis.Foston@epamail.epa.gov
Agency Contact: Conniesue Oldham Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-7774
FAX: 919541-1039
E-Mail: Oldham.Conniesue@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AH01
Title: Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal Class I
Areas
229
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Unified Agenda
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 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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7670 to 7479; CAA160 to 169
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
ANPRM
Date
00/00/0000
00/00/0000
05/16/1997
FR Cite
62 FR 271 58
Additional Information: SAN No. 3919;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Darrel Harmon Environmental Protection Agency
Air and Radiation
6101A
Washington, DC 20460
Phone: 202564-7416
FAX: 202501-1153
E-Mail: Harmon.Darrel@epamail.epa.gov
Government Levels Affected: State; Tribal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AH23
Title: Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
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 system (COM3) installed for compliance. States may cite this procedure for
sources with installed COMS subject to compliance limitations.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7411
Legal Deadline:
Action
Other
Source
Statutory
Date
06/15/2001
Timetable:
Action
NPRM
Final Action
Date
02/28/2001
02/00/2009
FR Cite
66 FR 12780
230
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Unified Agenda
Additional Information: SAN No. 3958;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Tom Logan Environmental Protection Agency
Air and Radiation
E143-02
RTP, NC 27711
Phone: 919541-2580
FAX: 919541-0516
E-Mail: logan.tom@epamail.epa.gov
Agency Contact: Conniesue Oldham Environmental Protection Agency
Air and Radiation
E143-02
Washington, DC 20460
Phone: 919541-7774
FAX: 919541-1039
E-Mail: Oldham.Conniesue@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AH31
Title: Transportation Conformity Rule Amendment: Clarification of Trading Provisions
Abstract: The transportation conformity rule, promulgated in November 1993, ensures that transportation and air quality
planning are consistent with Clean Air Act air quality standards. The Open Market Trading Guidance provides guidance to
States for establishing a method to quantify emissions reductions (called discrete emissions reductions or DERs) that can be
traded among parties and how such trading should occur. This action will amend the transportation conformity rule to clarify
how emissions trading could be reconciled in the conformity process.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51; 40 CFR 93 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7671 CAA 176(c)
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2008
FR Cite
Additional Information: SAN No. 3917;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Angela Spickard Environmental Protection Agency
Air and Radiation
NFEVL
Washington, DC 20460
Phone: 734214-4238
E-Mail: Spickard.Angela@epamail.epa.gov
Government Levels Affected: Undetermined
Federalism: No
231
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AH47
Title: NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63.480 to 63. 506 (Revision); 40 CFR 63.1310 to 63.1335 (Revision) (To search for a specific CFR,
visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
ANPRM
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
NPRM
Date
11/25/1996
03/09/1999
03/09/1999
05/07/1999
06/08/1999
06/08/1999
06/08/1999
06/30/1999
06/30/1999
08/29/2000
08/29/2000
10/26/2000
02/26/2001
02/26/2001
02/23/2001
07/16/2001
08/06/2001
12/00/2008
FR Cite
61 FR 59849
64 FR 11 555
64 FR 11 536
64 FR 2451 1
64 FR 30406
64 FR 30456
64 FR 30453
64 FR 351 07
64 FR 35023
65 FR 52392
65 FR 52319
65 FR 64161
66 FR 1550
66 FR 11 543
66 FR 11 233
66 FR 36924
66 FR 40903
Additional Information: SAN No. 3939; EPA publication information: ANPRM-Petitions for Jud. Rev-Dow, UCC, Exxon);
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Sectors Affected: 325211
232
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Unified Agenda
Agency Contact: David Markwordt Environmental Protection Agency
Air and Radiation
C504-04
Washington, DC 20460
Phone: 919541-0837
FAX: 919541-0246
E-Mail: markwordt.david@epamail.epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AI43
Title: Review of the National Ambient Air Quality Standards for Carbon Monoxide
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7409
Legal Deadline:
I
| Other
Action
Source
Statutory
Date
08/01/1999
Timetable:
Action
NPRM
Final Action
Date
04/00/2012
12/00/2012
FR Cite
Additional Information: SAN No. 4266;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Dave Mckee Environmental Protection Agency
Air and Radiation
C504-06
Washington , DC 20460
Phone: 919541-5288
E-Mail: Mckee.Dave@epa.gov
Government Levels Affected: Undetermined
Federalism: No
233
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Harvey Richmond Environmental Protection Agency
Air and Radiation
C504-06
Washington, DC 20460
Phone: 919541-5271
E-Mail: Richmond.Harvey@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AI97
Title: Inspection/Maintenance Program Requirements for Federal Facilities
Abstract: The Environmental Protection Agency (EPA) has had oversight and policy development authority for Inspection
and Maintenance (I/M) programs since the passage of the Clean Air Act (CAA) in 1970. The 1977 amendments to the CAA
mandated I/M for certain areas with long-term air quality problems and the 1990 amendments set forth standards for
implementation of I/M programs. EPA used the statutory requirements of the Act, including I/M requirements for Federal
facilities, to promulgate regulations which States would use in the development of their I/M State Implementation Plans (SIPs).
Those rule requirements effectively gave States certain authorities over the Federal government. The Department of Justice
has now ruled that Federal sovereign immunity was not fully waived under the CAA for those requirements and EPA should
amend its rule to remove the requirement that States include those elements in their SIPs. EPA is proposing to: (1) Amend the
Federal facilities I/M requirements by removing that section; (2) correct existing I/M SIP approval actions which include these
elements; (3) establish new Federal facilities I/M program requirements which Federal facilities in I/M program areas must meet
in order to comply with the Act; and (4) designate for each State which section of the Act Federal agencies must comply with
based on how that State promulgated its I/M regulations. These changes will have minimal to no impact on the States as no
new requirements are being created. The States are under no obligation, legal or otherwise, to modify existing SIPs meeting
the previously applicable requirements as a result of this action, nor will emissions reduction credit be affected. However, the
changes will clarify for affected Federal facilities what they must do to meet the CAA requirements by establishing new
regulations per those requirements.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (Revision); 40 CFR 93 (New) (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 23 USC 101; 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
12/00/2008
FR Cite
Additional Information: SAN No. 4348;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Buddy Polovick Environmental Protection Agency
Air and Radiation
6406
Ann Arbor, Ml 48105
Phone: 734214-4928
FAX: 734214-4052
E-Mail: Polovick.Buddy@epamail.epa.gov
Government Levels Affected: Federal; State
Federalism: No
234
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Sara Schneeberg Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Washington , DC 20460
Phone: 202564-5592
E-Mail: schneeberg.sara@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK41
Title: Section 126 Rule Withdrawal Provision
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7426
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
04/04/2003
FR Cite
68 FR 16644
Additional Information: SAN No. 4689; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2003/
April/Day-04/a8152.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Carla Oldham Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3347
FAX: 919541-0824
E-Mail: Oldham.Carla@epamail.epa.gov
235
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Doug Grano Environmental Protection Agency
Air and Radiation
C539-02
Washington , DC 20460
Phone: 919541-3292
FAX: 919541-0824
E-Mail: Grano.Doug@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AL83
Title: Section 126 Rule: Withdrawal of Findings for Sources in Michigan
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 1 of the NOx SIP Call, EPA would need to make a determination that the SIP controls the total group of section 126
sources to the same stringency as the section 126 Rule would before the section 126 Rule could be withdrawn. In this current
action, EPA is proposing that the Michigan Phase I SIP meets the proposed revised section 126 Rule withdrawal criteria, and
therefore, if EPA finalizes the withdrawal criteria as proposed, EPA would withdraw the section 126 Rule for sources in
Michigan.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 52.34 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No 4796;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Carla Oldham Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3347
FAX: 919541-0824
E-Mail: Oldham.Carla@epamail.epa.gov
Government Levels Affected: Federal; Local
Federalism: No
236
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Doug Grano Environmental Protection Agency
Air and Radiation
C539-02
Washington , DC 20460
Phone: 919541-3292
FAX: 919541-0824
E-Mail: Grano.Doug@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AL84
Title: Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport ("NOx SIP Call")
Abstract: In the Nitrogen Oxides State Implementation Plan Call (NOx SIP Call)(63 FR 57356, Oct. 27,1998), EPA found
that emissions of NOx from 22 States and the District of Columbia (hereinafter referred to as '23 States') significantly contribute
to downwind areas' nonattainment of the 1-hour ozone NAAQS. EPA also separately found that NOx emissions from the same
23 States significantly contribute to downwind nonattainment of the 8-hour ozone NAAQS. Subsequently, the U.S. Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded the 8-hour ozone NAAQS. [American Trucking
Associations, Inc. v. EPA, 175 F.3d 1027 on rehearing 195 F.3d 4 (D.C. Cir. 1999).] EPA stayed the 8-hour basis of the NOx
SIP Call rule on September 18, 2000 (65 FR 56245), based on the uncertainty created by the D.C. Circuit's decision. EPA has
now completed the actions necessary to address the aforementioned remand, and therefore is now conducting rulemaking to
lift the stay. EPA is proposing to lift the stay of our findings in the NOx SIP Call contained in40CFRsec51.121(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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.121 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Additional Information: SAN No. 4797;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Jan King Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park , NC 27711
Phone: 919541-5665
E-Mail: King.Jan@epa.gov
Agency Contact: Doug Grano Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3292
FAX: 919541-0824 -
E-Mail: Grano.Doug@epamail.epa.gov
237
Government Levels Affected: Local; State
Federalism: No
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AL92
Title: Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Requirments for Heavy-Duty
Engines and Vehicles Above 14,000 Pounds & In-Use, Not-To-Exceed Emission Standard Testing
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, ARB, and Engine Manufacturers.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/24/2007
12/00/2009
FR Cite
72 FR 3200
Additional Information: SAN No. 4809; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
January/Day-24/a110a.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Todd Sherwood Environmental Protection Agency
Air and Radiation
AALDOC
Ann Arbor, Ml 48105
Phone: 734214-4405
E-Mail: Sherwood.Todd@epamail.epa.gov
Agency Contact: Holly Pugliese Environmental Protection Agency
Air and Radiation
AAPTIG
Ann Arbor, Ml 48105
Phone: 734214-4288
E-Mail: Pugliese.Holly@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AL94
Title: Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
238
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Monday, December 10, 2007
Unified Agenda
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Date
12/00/2009
FR Cite
Additional Information: SAN No. 4819;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\mbr
Agency Contact: Marta Montoro Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202 343-9321
E-Mail: montoro.marta@epa.gov
Agency Contact: Ross Brennan Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9226
FAX: 202565-2079
E-Mail: Brennan.Ross@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM20
Title: Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK)
239
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: The Ketones Panel of the American Chemistry Council (ACC) has petitioned the Agency to remove methyl
isobutyl ketone (MIBK) from the Clean Air Act (CAA) hazardous air pollutant (HAP) list. The ACC originally submitted the
petition in April of 1997. EPA suspended review of the petition pending the completion of 2-generation reproductive effects
study. That study is now complete. On October 17, 2003, the ACC submitted an addendum to the 1997 petition which includes:
The results of the 2-generation reproductive effects study, a presentation of the updated EPA IRIS file for MIBK, and 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
Notice
NPRM
Date
07/19/2004
12/00/2008
FR Cite
69 FR 42954
Additional Information: SAN No 4849;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Mark Morris Environmental Protection Agency
Air and Radiation
C404-01
RTP, NC 27711
Phone: 919541-5416
E-Mail: Morris.Mark@epamail.epa.gov
Agency Contact: Dave Guinnup Environmental Protection Agency
Air and Radiation
C404-01
Research Triangle Park , NC 27711
Phone: 919541-5368
FAX: 919541-1039
E-Mail: Guinnup.Dave@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM62
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine Maintenance,
Repair, and Replacement (RMRR); Maintenance and Repair Amendments
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Unified Agenda
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.165; 40 CFR 51.166.; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 4676.3; Split from RIN 2060-AK28
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: Undetermined
Energy Affected: Undetermined
Agency Contact: David Painter Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park , NC 27711
Phone: 919541-5515
FAX: 919541-5509
E-Mail: painter.david@epamail.epa.gov
Agency Contact: Dave Svendsgaard Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-2380
FAX: 919541-5509
E-Mail: svendsgaard.dave@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM87
Title: NESHAP: Taconite Iron Ore Processing; Amendments
Abstract: EPA promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) for Taconite Iron Ore
Processing on October 30, 2003 (68 FR 61867). EPA was subsequently petitioned by National Wildlife Federation (NWF)
concerning several technical issues, including the alleged failure for EPA to establish emission standards for mercury and
asbestos. EPA has decided to voluntarily remand both the mercury and asbestos sections of the rule. The motions for both
remands were granted by the United States Court of Appeals.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
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CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CM sec 112
Legal Deadline: None
Timetable:
Action
NPRM
Date
06/00/2009
FR Cite
Additional Information: SAN No. 4929;
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Conrad Chin Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park , NC 27709
Phone: 919541-1512
FAX: 919541-3207
E-Mail: Chin.Conrad@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIM: 2060-AN01
Title: Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy Duty Vehicles
Abstract: On October 22, 2002, the United States Court of Appeals for the District of Columbia Circuit vacated durability
provisions that automotive manufacturers used to demonstrate that the emissions of their vehicles would comply with emission
standards for the useful lives of those vehicles. The Court also required EPA to issue new regulations. This action fulfills the
mandate. The new durability regulations will include options that a manufacturer may choose from to age pre-production
vehicles to determine the rate of emission deterioration over the vehicle's useful life. The options will include a prescribed fixed
driving cycle and a prescribed bench aging cycle that are used to age prototype vehicles or emission control components to the
equivalent of the useful life period of the vehicle in a manner that replicates the aging that the vehicle or components would see
in actual use. This rule does not change the federal emission standards or the test procedures used to quantify emissions.
Although there is no court-ordered deadline, this is a court-ordered action. During the comment period of the NPRM the Agency
received a comment from the Afton Chemical Corporation (formally known as Ethyl Corporation) suggesting that EPA did not
address the component durability portion of the new vehicle emission certification process and should establish a procedure for
rulemaking requesting comment on whether our current component durability process is appropriate or if we should revise the
process to include a limited amount of testing.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7521
Legal Deadline: None
Timetable:
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Action
Other
Final Action
Date
01/17/2006
01/00/2010
FR Cite
71 FR2843
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Linda Hormes Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
Ann Arbor, Ml 48105
Phone: 734214-4502
FAX: 734214-4053
E-Mail: Hormes.Linda@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN39
Title: Optional Chassis Certification for Diesel Vehicles
Abstract: Prior to the heavy-duty 2007 rulemaking (HD 2007), we have required that crankcase emissions be controlled
only on naturally aspirated diesel engines. We made an exception for turbocharged heavy-duty diesel engines in the past
because of concerns regarding fouling that could occur from diesel PM and engine oil, which are included in the crankcase
emissions, when routing the crankcase blow-by into the turbocharger and aftercooler. However, this was an environmentally
significant exception since most heavy-duty diesel trucks use turbocharged engines, and a single engine can emit over 100
pounds of NOx, NMHC, and PM from the crankcase over its lifetime. Therefore, given the availability of technologies to control
crankcase emissions and the significant environmental benefit for eliminating those emissions, we are proposing new
requirements for crankcase emissions in the HD 2007 rulemaking. Those provisions require that heavy-duty diesel engines
either close the crankcase or account for any crankcase emissions within the total compliance limits of the tailpipe emissions
standard. This requirement had the unintended consequence of confusing which crankcase provisions should apply to these
heavy-duty diesel engines, those of subpart S or the newly defined diesel provisions of. It was our intention that these vehicles
meet the newly defined requirements of closed crankcase provisions just as other heavy-duty diesel engines must. Therefore,
we are finalizing a change to the HD 2007 that explicitly defines the crankcase provisions applicable for heavy-duty chassis
certified diesel engines under 14,000 pounds as those provisions defined under CFR section 86.007-11. There are no
environmental impacts. This represents a cost savings to the manufacturers of highway heavy duty diesel engines.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 86.1863-07 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 7414; 42 USC 7601(a)
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
12/00/2009
FR Cite
Additional Information: SAN No 4993;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Government Levels Affected: No
Federalism: No
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Agency Contact: Zuimdie Guerra Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, Ml 48105
Phone: 734214-4387
FAX: 734214-4816
E-Mail: guerra.zuimdie@epa.gov
Agency Contact: Cleophas Jackson Environmental Protection Agency
Air and Radiation
CISD
Ann Arbor, Ml 48105
Phone: 734214-4824
FAX: 734214-4816
E-Mail: jackson.cleophas@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-AN46
Title: NESHAP: Area Source Standards-Chemical Preparations Industry
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec112
Legal Deadline:
Action
Other
Source
Judicial
Date
06/15/2009
Timetable:
Action
NPRM
Date
06/00/2009
FR Cite
Additional Information: SAN No. 5015;
Regulatory Flexibility Analysis _ ., ,.«*.,, j t ,
_..,.,. . ' Government Levels Affected: Undetermined
Required: Undetermined
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Jeff Telander Environmental Protection Agency
Air and Radiation
C504-05
RTP, NC 27709
Phone: 919541-5427
E-Mail: Telander.Jeff@epamail.epa.gov
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Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN47
Title: NESHAP: Area Source Standards-Paint and Allied Products
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec112
Legal Deadline:
Action
Other
Source
Judicial
Date
06/15/2009
Timetable:
Action
NPRM
Date
12/00/2008
FR Cite
Additional Information: SAN No. 5016;
Regulatory Flexibility Analysis _ , , ... ^ . ,, . . .
_....,, . ' Government Levels Affected: Undetermined
Required: Undetermined
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Mohamed Serageldin Environmental Protection Agency
Air and Radiation
E-143-03
RTP, NC 27711
Phone: 919541-2379
FAX: 919541-3470
E-Mail: serageldin.mohamed@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park , NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN68
Title: Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 23USC1121
Legal Deadline:
Action
Other
Source
Statutory
Date
02/06/2006
Timetable:
Action
NPRM
Final Action
Date
05/24/2007
12/00/2008
FR Cite
72 FR 29102
Additional Information: SAN No. 5029; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
May/Day-24/a9821.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Mary Manners Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
Ann Arbor, Ml 48105
Phone: 734214-4873
E-Mail: manners.mary@epamail.epa.gov
Agency Contact: Tandi Bagian Environmental Protection Agency
Air and Radiation
AAIO
Ann Arbor, Ml 48105
Phone: 734214-4901
E-Mail: Bagian.Tandi@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN73
Title: Defect Reporting for On-Highway Motor Vehicles and Engines
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Monday, December 10, 2007
Unified Agenda
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 which may be available indicate need for an investigation.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
01/00/2010
FR Cite
Additional Information: SAN No. 5043;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Christine Mikolajczyk Environmental Protection Agency
Air and Radiation
AAPTIG
Ann Arbor, Ml 48105
Phone: 734214-4403
E-Mail: Mikolajczyk.Christine@epamail.epa.gov
Agency Contact: Lynn Sohacki Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Ann Arbor, Ml 48105
Phone: 734214-4851
E-Mail: Sohackilynn@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A012
Title: Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance
Standards and Emission Guidelines
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60; 40 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations)
247
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Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Date
04/00/2009
FR Cite
Additional Information: SAN No. 5105;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Brian Shrager Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919541-7689
FAX: 919541-5450
E-Mail: shrager.brian@epa.gov
Agency Contact: Mary Johnson Environmental Protection Agency
Air and Radiation
D243-01
Research Triangle Park , NC 27711
Phone: 919541-5025
FAX: 919541-5450
E-Mail: johnson.mary@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR ) RIN: 2060-A019
Title: Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Abstract: The Clean Air Act Amendments of 1977 require EPA to review and, if appropriate, revise the 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 (N02). 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 N02 were appropriate at that time. On December 9, 2005,
the EPA/ORD initiated the current periodic review of N02 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 N02 NAAQS. Review of
the secondary N02 NAAQS will be part of a separate regulatory action combined with review of the sulfur dioxide NAAQS.) As
part of the review process, the Agency will prepare an Integrated Review Plan, an Integrated Science Assessment, and a Risk/
Exposure Assessment. These documents will be reviewed by the public and by the Clean Air Scientific Advisory Committee
(CASAC), an independent science advisory committee established to review the scientific and technical basis of the NAAQS.
The final documents will reflect the input received through these reviews. A Policy Assessment will then be published as an
Advance Notice of Proposed Rulemaking (ANPR) that reflects Agency views. This ANPR will also be reviewed by the public
and by CASAC during a public comment period. Input received through these reviews will inform the development of a
proposed rulemaking. The Administrator's proposal to retain or revise the N02 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.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7409
Legal Deadline: None
248
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Monday, December 10, 2007
Unified Agenda
Timetable:
Action
ANPRM
NPRM
Final Action
Date
04/00/2009
10/00/2009
06/00/2010
FR Cite
Additional Information: SAN No. 5111;
_ , . _. ...... . , . _ . . .. Government Levels Affected: Federal; State; Local;
Regulatory Flexibility Analysis Required: No
i riD3i
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Scott Jenkins Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park , NC 27711
Phone: 919541-1167
FAX: 919541-0237
E-Mail: jenkins.scott@epa.gov
Agency Contact: Karen Martin Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park , NC 27711
Phone: 919541-5274
FAX: 919541-0237
E-Mail: martin.karen@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A047
Title: Review of the National Ambient Air Quality Standards for Particulate Matter
Abstract: Under the Clean Air Act Amendments of 1977, EPA is required to review the air quality criteria every 5 years for
the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) and, if appropriate,
revise these standards. On October 17, 2006, the EPA published a final rule to revise the primary and secondary NAAQS for
particulate matter (PM) to provide increased protection of public health and welfare. With regard to the primary standards for
fine particles (generally referring to particles less than or equal to 2.5 micrometers in diameter, PM2.5), EPA revised the level of
the 24-hour PM2.5 standard to 35 micrograms per cubic meter (ug/m3) and retained the level of the annual PM2.5 standard at
15 ug/m3. With regard to primary standards for particles generally less than or equal to 10 micrometers in diameter (PM10),
EPA retained the 24-hour PM10 standard and revoked the annual PM10 standard. With regard to secondary PM standards,
EPA made them identical in all respects to the primary PM standards, as revised. This review of the PM NAAQS is being
conducted using a new NAAQS review process. The review will begin in July 2007 with a workshop to discuss key policy-
relevant issues around which EPA would structure the review. The workshop discussions will provide important input as OAR
and ORD consider the appropriate design and scope of the major elements that will inform the Agency's policy assessment
under the new NAAQS process: an integrated plan highlighting the key policy-relevant issues prepared by OAR and ORD, an
Integrated Science Assessment prepared by ORD, and a Risk/Exposure Assessment prepared by OAR. The ANPRM prepared
by OAR will evaluate the policy implications of key information contained in the Integrated Science Assessment and Risk/
Exposure Assessment, as well as additional appropriate technical analyses. The ANPRM will reflect Agency views regarding
options to retain or revise the PM NAAQS. EPA will solicit comments from 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 several times during the development of the critical documents identified above, including on the ANPRM. The
Administrator will propose to retain or revise the PM NAAQS, as appropriate, taking into consideration CASAC and public
comment on the ANPRM. Input received during the public comment period for the proposed decision will be considered in the
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Monday, December 10, 2007
Unified Agenda
Administrator's final decision.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7409
Legal Deadline:
Action
Other
Source
Statutory
Date
10/17/2011
Timetable:
Action
ANPRM
NPRM
Final Action
Date
05/00/2010
01/00/2011
10/00/2011
FR Cite
Additional Information: SAN No. 5169;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Beth Hassett-Sipple Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-4605
FAX: 919541-0237
E-Mail: hassett-sipple.beth@epa.gov
Agency Contact: Karen Martin Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-5274
FAX: 919541-0237
E-Mail: martin.karen@epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A048
Title: Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
250
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Monday, December 10, 2007
Unified Agenda
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 May 22,
1996, the EPA published a final decision under section 109(d)(1) that revisions of the primary and secondary NAAQS for sulfur
dioxide (S02) were not appropriate at that time, aside from several minor technical changes. That action provided the
Administrator's final determination, after careful evaluation of comments received on the November 1994 proposal, that
significant revisions to the primary and the secondary NAAQS for S02 would not be made at that time. In 2006, the EPA/ORD
initiated the current periodic review of S02 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 S02 NAAQS. Review of the secondary
S02 NAAQS will be part of a separate regulatory action combined with review of the secondary nitrogen dioxide NAAQS.) The
EPA's ORD and OAR will prepare a plan for the primary S02 NAAQS review, which will be an integrated plan for addressing
policy-relevant scientific and technical issues and will include a schedule of the review. Subsequently, an Integrated Science
Assessment (ISA) will be prepared by ORD. This document 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 will reflect the input received through these reviews. Following completion of the ISA, OAR will prepare and
publish an exposure/risk assessment, as appropriate, and an Advance Notice of Proposed Rulemaking (ANPRM), that will
include a policy assessment reflecting the Agency's views, based on information in the ISA and the exposure/risk report. As the
primary S02 NAAQS review is completed, the Administrator's proposal to retain or revise the S02 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.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7408; 42 USC 7409
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Final Action
Date
04/00/2009
12/00/2009
07/00/2010
FR Cite
Additional Information: SAN No. 5163;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Michael Stewart Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-7524
FAX: 919541-0237
E-Mail: stewart.michael@epa.gov
Agency Contact: Karen Martin Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919541-5274
FAX: 919 541-0237
E-Mail: martin.karen@epa.gov
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
251
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Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-A062
Title: NESHAP: Aviation Gasoline Distribution MACT Standards
Abstract: Aviation Gasoline Distribution facilities were listed as a source of alkylated lead emissions under section 112(c)(6)
of the Clean Air Act. Under this provision, EPA is required to subject these emission sources to standards under section 112(d)
(2) or (d)(4). The scope of this rule has not been determined, but will likely include all stationary emission sources distributing
aviation gasoline at the refinery to the end user, the aircraft fuel tank. Under court order, final standards are required by
December 15,2007.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA112(c)(6)
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/00/2009
06/00/2010
FR Cite
Additional Information: SAN No. 5175;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: Undetermined
Agency Contact: Steve Shedd Environmental Protection Agency
Air and Radiation
(E143-01)
Washington, DC 20460
Phone: 919541-5397
FAX: 919685-3195
E-Mail: Shedd.Steve@epamail.epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A064
Title: National Emissions Standards for Asbestos-Amendments
252
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Abstract: The purpose of this action is to explore, through notice and comment rulemaking, the possible modification of the
current standard for demolition found under the National Emission Standard for Asbestos (asbestos NESHAP) to include an
alternative asbestos control method (AACM). The standards contained within the asbestos NESHAP cover various potential
sources of asbestos emissions, including demolition activities involving "facilities" as that term is defined under the asbestos
NESHAP. These standards were first promulgated in 1984 and later amended in 1990. As such, these standards were
developed under the legal requirements of section 112 of the CAA prior to the effective date of the 1990 CAA amendments.
Generally, the asbestos NESHAP demolition standard requires the removal of most "regulated asbestos-containing
material" (RACM) prior to the actual demolition of a covered facility. In some cases, this significantly adds to the total cost of,
and time required for, demolishing a covered facility. In contrast, the AACM allows most of the RACM to remain in the facility
during demolition. (There are additional differences between the two methods, most notably in the wetting and disposal
provisions associated with each). In April 2006, EPA undertook a research effort that compared the use of the current asbestos
NESHAP demolition standard with the use of the AACM process on two architecturally-identical asbestos-containing buildings
near Fort Smith, Arkansas. The buildings that were demolished contained significant quantities of asbestos-containing wall
systems and vinyl asbestos floor tile. The results of this test, which have been published for public comment and currently are
undergoing formal peer review, suggest that the AACM is as protective as the current demolition standard and less expensive
to undertake, at least with respect to the test structures that were used and the types of asbestos-containing materials
contained therein. A second test was completed in July 2007. The purpose of the second test is to evaluate the alternative
demolition method on buildings with transite siding. A third test is planned on a facility with a popcorn ceiling if a suitable site
can be found. As stated, the main objective of this action is to incorporate the AACM into the asbestos NESHAP demolition
standard. However, as a result of a December 6,2006, notice of intent to sue letter alleging, among other things, a failure on
the part of EPA to conduct a technology review and a residual risk review pursuant to sections 112(d)(6) and 112(f)(2) of the
CAA for the asbestos NESHAP, EPA currently is analyzing the full spectrum of legal requirements under section 112 of the
CAA, as amended, to determine what impact such requirements may have on this planned action. The current analysis
indicates that, as a minimum, we will have to perform a technology review on the portions of the current NESHAP that apply to
building demolition.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 61.140 to 61.157 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 to 7601
Legal Deadline: None
Timetable:
Action
NPRM
Date
11/00/2008
FR Cite
Additional Information: SAN No. 5181; EPA Docket information: TBD
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: No
RIN Information URL: www.epa.gov/region6/6xa/
asbestos.htm
Agency Contact: Keith Barnett Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27711
Phone: 919541-5605
FAX: 919541-3207
E-Mail: barnett.keith@epa.gov
Government Levels Affected: Local
Federalism: No
253
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Unified Agenda
Agency Contact: Adele Cardenas Environmental Protection Agency
Air and Radiation
6PD
Dallas, TX 75202
Phone: 214665-7210
FAX: 214665-7373
E-Mail: Cardenas.Adele@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A066
Title: Plywood and Composite Wood Products (PCWP) NESHAP-Amendments To Address "No Emission Reduction" MACT
Floors
Abstract: The Court (i.e., the U.S. Court of Appeals for the District of Columbia Circuit) ordered EPA to re-evaluate the
MACT floor for certain PCWP process unit groups. These proposed amendments will make available for public review and
comment EPA's evaluation and decisions regarding PCWP process unit groups that had "no emission reduction" MACT floors
in the final rule. (See Table 1 to the preamble of the July 30,2004 final rule (69 FR 45949) for a list that identifies those process
unit groups.)
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA sec 112
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/00/2008
10/00/2009
FR Cite
Additional Information: SAN No. 5185;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Mary Kissell Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-4516
FAX: 919685-3219
E-Mail: kissell.mary@epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Government Levels Affected: No
Federalism: No
254
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Monday, December 10, 2007
Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A072
Title: Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
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) every five years. On
October 11,1995, the EPA published a final rule not to revise either the primary or secondary NAAQS for nitrogen dioxide
(N02). That action provided the Administrator's final determination, after careful evaluation of comments, that revisions to
neither the primary nor the secondary NAAQS for N02 were appropriate at that time. On May 22,1996, the EPA published a
final decision that revisions of the primary and secondary NAAQS for sulfur dioxide (S02) were not appropriate at that time,
aside from several minor technical changes. That action provided the Administrator's final determination, after careful
evaluation of comments, that significant revisions to the primary and the secondary NAAQS for S02 would not be made at that
time. On December 9,2005, the EPA/ORD initiated the current periodic review of N02 air quality criteria with a call for
information in the Federal Register. On May 3, 2006, the EPA/ORD initiated the current periodic review of S02 air quality
criteria with a call for information in the Federal Register. The decision was made to review the secondary standards for N02
and S02 jointly while having separate reviews for the primary N02 (SAN 5111) and primary S02 (SAN 5163) standards. As
part of the review process, the Agency will prepare an Integrated Review Plan, an Integrated Science Assessment, and a Risk/
Exposure Assessment. These documents will be reviewed by the public and by the Clean Air Scientific Advisory Committee
(CASAC), an independent science advisory committee established to review the scientific and technical basis of the NAAQS.
The final documents will reflect the input received through these reviews. EPA will publish an Advance Notice of Proposed
Rulemaking (ANPR) that reflects the Agency's policy assessments and views regarding options to retain or revise the N02 and/
or S02 secondary NAAQS. The Administrator will propose to retain or revise the N02 and/or S02 NAAQS, as appropriate,
taking into consideration CASAC and public comment on the ANPR. Input received during the public comment period for the
proposed decision will be considered in the Administrator's final decision.
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority:
Legal Deadline:
42 USC 7408; 42 USC 7409
Action
NPRM
Other
Source
Judicial
Judicial
Date
02/28/2010
11/30/2010
Timetable:
Action
NPRM
Final Action
Date
02/00/2010
11/00/2010
FR Cite
Additional Information: SAN No. 5170;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Anne Rea Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919541-0053
FAX: 919541-0905
E-Mail: Rea.Anne@epa.gov
Government Levels Affected: Federal; State; Local;
Tribal
Federalism: No
255
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Unified Agenda
Agency Contact: Ginger Tennant Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park , NC 27711
Phone: 919541-4072
FAX: 919541-0237
E-Mail: Tennant.Ginger@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR }
RIN: 2060-AK02
Title: Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alaska, and the U.S.
Territories
Abstract: "Dumping" refers to the practice whereby refiners making clean fuels for certain markets (such as reformulated
gasoline for clean-air purposes) take the pollutants removed from the clean fuels and "dump" them into other fuels they are
producing for other markets. This, if allowed, would make those other fuels even dirtier than before, and so the Clean Air Act
prohibits this practice. EPA has existing "anti-dumping" rules on the books that codify this Clean Air Act prohibition. This action
proposes to allow refiners and importers of conventional gasoline produced or imported for use in Hawaii, Alaska, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands to petition
EPA to modify their baselines to use the most appropriate seasonal baseline and Complex Model for purposes of compliance
with the RFC program's anti-dumping requirements. Specifically, this action would allow refiners and importers to petition EPA
to use the summer Complex Model for all anti-dumping baseline and compliance determinations for conventional gasoline
produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the Commonwealth
of the Northern Mariana Islands. This action would allow refiners and importers to petition EPA to use the winter Complex
Model for all anti-dumping baseline and compliance purposes in Alaska. We are proposing this action to address certain
inconsistencies in the RFC program's anti-dumping provisions which may have significant unintended negative impacts on
refiners and importers. Today's proposed actions would not compromise the environmental goals of the 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601 (a)
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
01/04/2005
10/25/2007
FR Cite
70 FR 646
72 FR 60570
Additional Information: SAN No. 4632; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
January/Day-04/a043.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Marilyn Bennett Environmental Protection Agency
Air and Radiation
6406J
Washington, DC 20460
Phone: 202343-9624
E-Mail: Bennett.Marilyn@epamail.epa.gov
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Unified Agenda
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK22
Title: NESHAP: Halogenated Solvent Cleaning-Residual Risk Standards
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/year. On Decembers, 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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7412
Legal Deadline:
Action
Other
Other
Source
Statutory
Judicial
Date
12/02/2002
04/16/2007
Timetable:
Action
NPRM
Other
Final Action
Date
08/17/2006
12/14/2006
05/03/2007
FR Cite
71 FR 47670
71 FR 75182
72 FR 251 38
Additional Information: SAN No. 4668; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
August/Day-17/a6927.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
Sectors Affected: 335999; 332999; 336999; 337124; 332116; 339; 336
Agency Contact: Lynn Dail Environmental Protection Agency
Air and Radiation
C539-03
RTP, NC 27711
Phone: 919541-2363
FAX: 919541-3470
E-Mail: Dail.Lynn@epamail.epa.gov
257
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation (AR )
RIN: 2060-AK74
Title: Clean Air Fine Particle Implementation Rule
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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7410; 42 USC 7501 et seq
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
11/01/2005
04/25/2007
FR Cite
70 FR 65984
72 FR 20586
Additional Information: SAN No. 4752; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
November/Day-01/a20455.htm;
_ , . _. ...... . . . o . . M Government Levels Affected: Federal; State; Local;
Regulatory Flexibility Analysis Required: No
I riu3i
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rich Damberg Environmental Protection Agency
Air and Radiation
C504-02
Research Triangle Park, NC 27711
Phone: 919541-5592
FAX: 919541-3207
E-Mail: Damberg.Rich@epa.gov
258
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Monday, December 10, 2007
Unified Agenda
Agency Contact: Kimber Scavo Environmental Protection Agency
Air and Radiation
C504-02
Research Triangle Park, NC 27711
Phone: 919541-3354
FAX: 919541-4028
E-Mail: scavo.kimber@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AK81
Title: Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Facilities
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. 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 95-95; CAAA 112(g)or(q)
Legal Deadline: None
Timetable:
Action
Withdrawn
Date
08/06/2007
FR Cite
Additional Information: SAN No. 4768;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Behram Shroff Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 343-9707
FAX: 202343-9707
E-Mail: shroff.behram@epamail.epa.gov
Government Levels Affected: Federal; Local; State
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AM70
Title: Area Source NESHAP for Secondary Nonferrous Metals
259
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Unified Agenda
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 secondary brass and bronze,
secondary zinc, and secondary magnesium furnace operations. The proposed rule does not address secondary nonferrous
metals processing for secondary aluminum, lead, copper and mercury. Secondary aluminum and secondary lead are
addressed under the NESHAP requirements 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, mercury is not emitted by facilities that are subject
to the secondary nonferrous metals processing proposed rule.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority:
Legal Deadline:
CAAsec112
Action
Other
Other
Source
Statutory
Judicial
Date
11/30/2000
12/15/2008
Timetable:
Action
Withdrawn
Date
08/07/2007
FR Cite
Additional Information: SAN No. 4888; EPA Docket information: EPA-HQ-OAR-2006-0940
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Susan Fairchild Environmental Protection Agency
Air and Radiation
D 243-02
RTP, NC 27711
Phone: 919541-5167
FAX: 919541-3207
E-Mail: fairchild.susan@epamail.epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN10
Title: NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; Amendments
260
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Monday, December 10, 2007
Unified Agenda
Abstract: This amendment will clarify the interaction between this rule and the NESHAP for surface coating of plastic parts
and products. This 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63, subpart IV (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Other
Date
12/22/2006
04/24/2007
FR Cite
71 FR 76922
72 FR 20302
Additional Information: SAN No. 4958; EPA publication information: NPRM - http://epa.gov/EPA-AIR/2006/December/
Day-22/a21974.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Dave Salman Environmental Protection Agency
Air and Radiation
C539-03
RTP, NC 27711
Phone: 919541-0859
FAX: 919541-5689
E-Mail: Salman.Dave@epamail.epa.gov
Agency Contact: KC Hustvedt Environmental Protection Agency
Air and Radiation
C143-01
RTP, NC 27711
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN42
Title: Notice for Information on Determining the Emissions Reductions Achieved From Limiting the VOC Content of
Architectural Coatings
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
261
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Legal Authority: CAM sec 110
Legal Deadline: None
Timetable:
Action
ANPRM
ANPRM
Commend Period Extended
Merged with
Date
08/31/2005
10/13/2005
12/20/2005
03/02/2007
FR Cite
70 FR 51 694
70 FR 59680
70 FR 75439
Additional Information: SAN No. 5009; EPA publication information: ANPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-31/a17357.htm; Merged with SAN 4309, RIN 2060-AI62
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Dave Sanders Environmental Protection Agency
Air and Radiation
C539-01
Research Triangle Park, NC 27711
Phone: 919541-3356
FAX: 919541-0824
E-Mail: Sanders.Dave@epamail.epa.gov
Agency Contact: Marcia Spink Environmental Protection Agency
Air and Radiation
3AP20
Research Triangle Park, NC 27705
Phone: 215814-2104
FAX: 215814-2124
E-Mail: spink.marcia@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-AN44
Title: NESHAP: Acrylic/Modacrylic Fibers, Chemical Manufacturing: Chromium Compounds, Flexible Foam Fabrication and
Foam Production, Carbon Black Production, Lead Acid Battery Manufacturing, Wood Preserving
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 6 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 7 source categories: Acrylic Fibers/Modacrylic Fibers
Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Fabrication Operations, Flexible
Polyurethane Foam Production, Carbon Black Production, Lead Acid Battery Manufacturing, and Wood Preserving. These
source categories have been selected because our information indicates that one of the following situations apply: 1) There are
only 1-2 sources in the source category that are well-controlled and subject to existing regulations and/or permit conditions
(Acrylic/Modacrylic Fibers, Chemical Manufacturing: Chromium Chemicals, Carbon Black Production); 2) the urban HAPs
emitted from the source category have been eliminated as a result of other regulatory programs (e.g., OSHA) (Flexible Foam
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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).
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline:
Action
Other
Source
Judicial
Date
06/15/2007
Timetable:
Action
NPRM
Final Action
Date
04/04/2007
07/16/2007
FR Cite
72 FR 16635
72 FR 38864
Additional Information: SAN No. 5012;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Sharon Nizich Environmental Protection Agency
Air and Radiation
C439-02
RTP, NC 27711
Phone: 919541-2825
FAX: 919541-3207
E-Mail: nizich.sharon@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP , NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RFN: 2060-AN59
Title: Transition to New or Revised Particulate Matter (PM) (NAAQS)
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 Sept.
2006.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations)
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Legal Authority: 42 USC 7410; 42 USC 7501 et seq
Legal Deadline:
Action
Other
Source
Statutory
Date
01/31/2006
Timetable:
Action
ANPRM
Withdrawn
Date
02/09/2006
05/14/2007
FR Cite
71 FR6718
Regulatory Flexibility Analysis Required: No
Additional Information: SAN No. 4752.1; EPA publication information: ANPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-09/a1798.htm; Split from RIN 2060-AK74.
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Barbara Driscoll Environmental Protection Agency
Air and Radiation
C504-05
Washington, DC 20460
Phone: 919541-1051
FAX: 919541-5489
E-Mail: driscoll.barbara@epa.gov
Agency Contact: Joe Paisie Environmental Protection Agency
Air and Radiation
C504-02
Research Triangle Park, NC 27711
Phone: 919541-5556
FAX: 919541-0942
E-Mail: Paisie.Joe@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN76
Title: Renewable Fuels Standard Rule
Abstract: The Energy Policy Act of 2005 (the "Act"), signed into law on August 8, 2005, requires EPA to promulgate
regulations implementing the Renewable Fuels Standard (RFS) within one year of enactment. The RFS requires specific
volumes of renewable fuel to be in gasoline sold in the U.S. starting with 4.0 billion gal/yr in 2006 up to 7.5 billion gal/yr in 2012.
The Act provides that if EPA fails to promulgate regulations within one year, then a default value of 2.78 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, December 30, 2005) to implement the default standard. The Agency must complete its obligation under the Act by
promulgating a rule that implements the RFS for years 2007 and beyond. Such rule must establish how the renewable fuel
standard is defined and calculated, what parties are liable, and how compliance with the standard is to be determined. In
addition, the rule must establish a system by which renewable fuel credits can be generated, and traded/sold between parties.
This statutory provision is subject to multiple interpretations of key terms. The "Renewable Fuel Standard Requirements for
2006" that we promulgated on 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 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.
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Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR80.1101 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 109-58
Legal Deadline:
Action
Other
Source
Statutory
Date
08/06/2006
Timetable:
Action
NPRM
Final Action
Date
09/22/2006
05/01/2007
FR Cite
71 FR 55552
72 FR 23899
Additional Information: SAN No. 5048; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
September/Day-22/a7887a.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: Yes
Agency Contact: Barry Garelick Environmental Protection Agency
Air and Radiation
6406J
Washington , DC 20005
Phone: 202 343-9028
FAX: 202343-2802
E-Mail: garelick.barry@epa.gov
Agency Contact: David Korotney Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave, NW
Ann Arbor, Ml 48104
Phone: 734214-4507
FAX: 734214-4050
E-Mail: Korotney.David@epamail.epa.gov;
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN77
Title: Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Corn I
Facilities Under the "Major Emitting Facility" Definition
Abstract: Given widespread concerns about our Nation's fuel supply and Congress's recent recognition of the enormous
role that domestically produced ethanol can play in reducing our dependence on foreign oil (by Congress's enactment of the
renewable fuels standard in the Energy Policy Act of 2005), EPA will examine the treatment of ethanol production facilities
under the New Source Review and title V operating permit programs. Specifically, a source emitting greater than the major
source threshold may be subject to New Source Review, operating permits, and other regulations. A source in one of 27 listed
source categories (including chemical process plants) has a major source threshold of 100 tons per year. Conversely, sources
not in the one of the 27 listed source categories have a major source threshold of 250 tons per year. EPA will determine
through this rulemaking whether ethanol production facilities were originally intended to be in the chemical process plants
source category when these categories were developed.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
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CFR Citation: 40 CFR 51; 40 CFR 52; 40 CFR 70; 40 CFR 71 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: CAA
Legal Deadline:
Action
Other
Source
Judicial
Date
03/29/2007
Timetable:
Action
NPRM
Final Action
Date
03/09/2006
05/01/2007
FR Cite
71 FR 12240
72 FR 24060
Additional Information: SAN No. 5049; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
March/Day-09/a2148.htm;
_ . . ... ...... . . . _ • . M Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I nodi
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Joanna Swanson Environmental Protection Agency
Air and Radiation
C304-04
Research Triangle Park , NC 27711
Phone: 919541-5282
FAX: 919541-5509
Agency Contact: Juan Santiago Environmental Protection Agency
Air and Radiation
C304-04
Research Triangle Park , NC 27711
Phone: 919541-1084
FAX: 919541-5509
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN81
Title: Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2007
Abstract: EPA is seeking to allocate essential use allowances for import and production of class I stratospheric ozone
depleting substances for calendar 2007 essential allowances enable a person to obtain newly produced or imported controlled
class I ozone-depleting substances under the essential exemption to the regulatory phaseout of these chemical, which became
effective on January 1,1996. Essential uses include the manufacture of important medical devices such as asthma inhalers.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
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Action
NPRM
Final Action
Date
11/03/2006
06/12/2007
FR Cite
71 FR 64668
72 FR 3221 2
Additional Information: SAN No. 5056; EPA publication information: NPRM - NPRM: http://www.epa.gov/fedrgstr/EPA-
AIR/2006/November/Day-03/a18581.htm; EPA Docket information: EPA-HQ-OAR-2006-0159
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/ozone/title6/
phaseout7index.html
Agency Contact: Kirsten Cappel Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9556
FAX: 202343-2338
E-Mail: Cappel.Kirsten@epamail.epa.gov
Agency Contact: Ross Brennan Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9226
FAX: 202565-2079
E-Mail: Brennan.Ross@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN84
Title: Standards of Performance for New Stationary Sources and National Emission Standards for Hazardous Air Pollutants:
Revisions to Initial Performance Test Provisions
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 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60; 40 CFR 61; 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
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Action
NPRM
Final Action
Date
08/09/2006
05/16/2007
FR Cite
71 FR 45487
72 FR 27437
Additional Information: SAN No. 5061; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
August/Day-09/a 12966. htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Lula Melton Environmental Protection Agency
Air and Radiation
C304-02
Washington , DC 20460
Phone: 919541-2910
FAX: 919541-1039
E-Mail: melton.lula@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN92
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Removal of Vacated
Elements
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).
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: CM title 1 parts C and D
Legal Deadline: None
Timetable:
E Action
Final Action
Date
06/13/2007
FR Cite
72 FR 32526
Additional Information: SAN No. 5077; EPA publication information: Final Action - http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-13/a11289.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: David Painter Environmental Protection Agency
Air and Radiation
C504-03
Research Triangle Park , NC 27711
Phone: 919541-5515
FAX: 919541-5509
E-Mail: painter.david@epamail.epa.gov
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Agency Contact: Dave Svendsgaard Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919541-2380
FAX: 919541-5509
E-Mail: svendsgaard.dave@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AN97
Title: Reconsideration of New Source Performance Standards (NSPS) for Electric Utility, Industrial, Commercial, and
Institutional Steam Generating Units
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
CEMS) and appropriate parametric monitoring requirements for facilities without PM CEMS. Minor recordkeeping requirements
will also be under reconsideration.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA111
Legal Deadline:
E Action
Other
Source
Judicial
Date
04/13/2007
Timetable:
Action
NPRM
Other
Final Action
Date
02/09/2007
03/06/2007
06/13/2007
FR Cite
72 FR 6320
72 FR 9903
72 FR 32710
Additional Information: SAN No. 5089; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
February/Day-u9/a1881.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Christian Fellner Environmental Protection Agency
Air and Radiation
1200 Pennsylvania Ave
RTP, NC 27711
Phone: 919541-4003
FAX: 919541-5450
E-Mail: fellner.christian@epamail.epa.gov
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Agency Contact: Bill Maxwell Environmental Protection Agency
Air and Radiation
D243-01
RTF, NC 27711
Phone: 919541-5430
FAX: 919541-5450
E-Mail: Maxwell.Bill@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-AOOO
Title: Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard-Notice of
Reconsideration
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 3 issues
until 12/15/06, so the reconsideration action must be completed by then.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51; 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq; 23 USC 101
Legal Deadline:
Action
Other
Source
Judicial
Date
05/31/2007
Timetable:
Action
NPRM
Other
Final Action
Date
12/19/2006
01/12/2007
06/08/2007
FR Cite
71 FR 75902
72 FR 1473
72 FR 31 727
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal
Small Entities Affected: No Federalism: No
Energy Affected: No
Related RINs: Split From 2060-AJ99
Agency Contact: William L Johnson Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park , NC 27711
Phone: 919541-5245
FAX: 919541-0824
E-Mail: johnson.williaml@epamail.epa.gov
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Agency Contact: Denise Gerth Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-5550
E-Mail: Gerth.Denise@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A001
Title: Two Optional Methods for Relative Accuracy Test Audits of Mercury Monitoring Systems Installed on Combustion Flue
Gas Streams and Amendments to Related Mercury Monitoring Provisions
Abstract: This action would add two optional test methods for mercury emissions as well as several related amendments to
existing regulatory requirements for monitoring of mercury emissions. 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. The amendments are
designed to facilitate implementation of the existing mercury monitoring requirements and provide added regulatory flexibility to
the affect sources. 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
(70FR 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63, app A (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
09/07/2007
FR Cite
72 FR 51494
Additional Information: SAN No. 5112;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: William Grimley Environmental Protection Agency
Air and Radiation
E143-02
Research Triangle Park, NC 27711
Phone: 919541-1065
FAX: 919541-1039
E-Mail: Grimley.William@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
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Agency Contact: Robin Segall Environmental Protection Agency
Air and Radiation
E143-02
Research Triangle Park , NC 27711
Phone: 919541-0893
FAX: 919541-0516
E-Mail: Segall.Robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A006
Title: Ambient Air Monitoring Regulations: Correcting and Other Amendments
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 50 (Revision); 40 CFR 53 (Revision); 40 CFR 58 (Revision) (To search for a specific CFR, visit the
Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
06/12/2007
FR Cite
72 FR 32193
Additional Information: SAN No. 4421.1; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-12/a2237.htm; Split from RIN 2060-AJ25.
_ . . ... ...... . . . _, . . .. Government Levels Affected: Federal; State; Local;
Regulatory Flexibility Analysis Required: No
I riu3l
Small Entities Affected: Governmental Jurisdictions Federalism: No
Energy Affected: No
Agency Contact: Lewis Weinstock Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park, NC 27711
Phone: 919541-3661
FAX: 919541-1903
E-Mail: Weinstocklewis@epamail.epa.gov
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Agency Contact: Tim Hanley Environmental Protection Agency
Air and Radiation
D243-02
Research Triangle Park, NC 27711
Phone: 919541-4417
FAX: 919541-1903
E-Mail: Hanley.Tim@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A009
Title: Update of Continuous Instrumental Test Methods: Technical Amendments
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 simply correcting errors and clarifying portions to reflect the intent of
the rule and make them more understandable by applicable parties.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7411
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
09/07/2007
FR Cite
72 FR 51 365
Additional Information: SAN No. 4161.1; Split from RIN 2060-AK61.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Foston Curtis Environmental Protection Agency
Air and Radiation
MD-19
Washington , DC 20460
Phone: 919541-1063
E-Mail: Curtis.Foston@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A010
Title: Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-N-Propyl Bromide in Solvent
Cleaning
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.
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Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
06/03/2003
05/30/2007
FR Cite
68 FR 33283
72 FR 30142
Additional Information: SAN No. 4599.2; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
AIR/2003/June/Day-03/a13254.pdf; 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
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov\ozone\title6
Agency Contact: Margaret Sheppard Environmental Protection Agency
Air and Radiation
6205J
Washington, DC 20460
Phone: 202343-9163
FAX: 202343-2362
E-Mail: Sheppard.Margaret@epamail.epa.gov
Agency Contact: Monica Shimamura Environmental Protection Agency
Air and Radiation
6205J
Washington , DC 20460
Phone: 202343-9337
FAX: 202343-2338
E-Mail: Shimamura.monica@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A014
Title: Consumer and Commercial Products, Group III: Control Techniques Guidelines in Lieu of Regulations for Paper, Film
and Foil Coatings; Metal Furniture Coatings; and Large Appliance Coatings
Abstract: This action announces the Administrator's determination under section 183(e) for 3 categories of consumer and
commercial products that control techniques guidelines (CTG) are substantially as effective in reducing VOC emissions in
ozone nonattainment areas as would 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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 59 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline:
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Unified Agenda
Action
Other
Source
Judicial
Date
09/28/2007
Timetable:
Action
NPRM
NPRM Comment Period End
Final Action
Date
07/10/2007
08/09/2007
10/09/2007
FR Cite
72 FR 37582
72 FR 5721 5
Additional Information: SAN No. 5132; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
July/Day-10/a13104.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Bruce Moore Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5460
FAX: 919541-3470
E-Mail: moore.bruce@epa.gov
Agency Contact: Robin Dunkins Environmental Protection Agency
Air and Radiation
E143-03
Research Triangle Park, NC 27711
Phone: 919541-5335
FAX: 919541-3470
E-Mail: dunkins.robin@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A033
Title: Revisions to Cogeneration Unit Definition Under CAIR and CAMR and Corrections to CAIR and Acid Rain Program
Rules
Abstract: EPA is taking action to revise the thermal efficiency standard which 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 revising 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, 72, et al; 40 CFR 60, 72, 75 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: CAA sec 111; 42 USC 7401 et seq
Legal Deadline: None
Timetable:
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Unified Agenda
Action
NPRM
Final Action
Date
04/25/2007
10/19/2007
FR Cite
72 FR 20465
72 FR 591 90
Additional Information: SAN No. 5109; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/
April/Day-25/a7536.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Elyse Steiner Environmental Protection Agency
Air and Radiation
6204J
Washington, DC 20005-4113
Phone: 202343-9141
FAX: 202343-2359
E-Mail: Steiner.Elyse@epamail.epa.gov
Agency Contact: Meg Victor Environmental Protection Agency
Air and Radiation
6204J
Washington , DC 20460
Phone: 202343-9193
E-Mail: Victor.Meg@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A034
Title: Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to the East St. Louis, Illinois
Ozone Nonattainment Area
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 July 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 80.70 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAAsec211(k)(6)
Legal Deadline:
Action
Other
Other
Source
Statutory
Judicial
Date
01/28/2007
03/28/2007
Timetable:
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Unified Agenda
Action
Direct final Rule
NPRM
NPRM Comment Period End
Other
Final Action
Date
12/27/2006
12/27/2006
01/26/2007
03/29/2007
04/24/2007
FR Cite
71 FR 77615
71 FR 77690
72 FR 14681
72 FR 20237
Additional Information: SAN No. 5104; EPA publication information: Direct Final Action - http://www.epa.gov/fedrgstr/
EPA-AIR/2006/December/Day-27/a22162.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Kurt Gustafson Environmental Protection Agency
Air and Radiation
6406J
Washington , DC 20460
Phone: 202343-9219
FAX: 202343-2800
E-Mail: gustafson.kurt@epa.gov
Agency Contact: Leila Cook Environmental Protection Agency
Air and Radiation
AASMCG
Ann Arbor, Ml 48105
Phone: 734214-4820
E-Mail: cook.leila@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A035
Title: Update of Test Procedure Schedule for All Terrain Vehicles
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 1051 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: CAA
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
04/26/2007
FR Cite
72 FR 20730
Additional Information: SAN No. 5107; EPA publication information: Direct Final Action - http://www.epa.gov/fedrgstr/
EPA-AIR/2007/April/Day-24/a7777.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
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Agency Contact: Michael Samulski Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, Ml 48105
Phone: 734214-4532
FAX: 734214-4050
E-Mail: samulski.michael@epa.gov
Agency Contact: Glenn Passavant Environmental Protection Agency
Air and Radiation
2000 Traverwood Dr.
Ann Arbor, Ml 48105
Phone: 734214-4408
FAX: 734214-4816
E-Mail: Passavant.Glenn@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2Q60-A040
Title: Response to Reconsideration Regarding NESHAP Startup, Shutdown, and Malfunction Amendments
Abstract: On June 19, 2006, Earth Justice 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.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline:
Action
Other
Source
Judicial
Date
04/12/2007
Timetable:
Action
Other
Date
04/18/2007
FR Cite
72 FR 19385
Additional Information: SAN No. 5141; EPA publication information: Final Action-Denial of Reconsideration - http://www.
epa.gov/fedrgstr/EPA-AIR/2007/April/Day-18/a7362.htm;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rick Colyer Environmental Protection Agency
Air and Radiation
D205-02
RTP, NC 27709
Phone: 919541-5262
FAX: 919541-5600
E-Mail: Colyer.Rick@epamail.epa.gov
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Unified Agenda
Agency Contact: Michael Regan Environmental Protection Agency
Air and Radiation
D205-02
RTF, NC 27709
Phone: 919541-5294
FAX: 919541-5600
E-Mail: regan.michael@epamail.epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR )
RIN: 2060-A046
Title: NESHAP: Primary Copper Smelting and Secondary Copper Smelting-Amendments
Abstract: The final for BIN 1 Area Source rules (NESHAP for Area Sources: Polyvinyl Chloride and Copolymers Production,
Primary Copper Smelting, Secondary Copper Smelting, Primary Nonferrous Metals (Zinc, Cadmium, and Beryllium)) were
published January 23, 2007. We are preparing direct final amendments, with a parallel proposal, to the NESHAP for Primary
Copper Smelting and Secondary Copper Smelting. The amendments to the primary copper smelting NESHAP clarify the
operating conditions when the plant must control process off gases from a smelting vessel and add wet scrubbers to the list of
air pollution control devices that can be used. The other amendments for the secondary copper smelting correct cross
referencing and numbering errors.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42USC7412
Legal Deadline: None
Timetable:
Action
Direct final Rule
NPRM
Date
07/03/2007
07/03/2007
FR Cite
72 FR 36363
72FR36415
Additional Information: SAN No. 5013.1; EPA publication information: Direct Final Action - http://www.epa.gov/fedrgstr/
EPA-AIR/2007/July/Day-03/a12847.htm; Split from RIN 2060-AN45.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Sharon Nizich Environmental Protection Agency
Air and Radiation
C439-02
RTP, NC 27711
Phone: 919541-2825
FAX: 919541-3207
E-Mail: nizich.sharon@epa.gov
Agency Contact: Steve Fruh Environmental Protection Agency
Air and Radiation
D243-02
RTP, NC 27709
Phone: 919541-2837
FAX: 919541-3207
E-Mail: fruh.steve@epa.gov
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Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A054
Title: Clean Air Interstate Rule (CAIR) and CAIR Federal Implementation Plans; Corrections
Abstract: This rule corrects minor, inadvertent, and nonsubstantive errors in the Clean Air Interstate Rule (CAIR) and the
CAIR Federal Implementation Plans (FIPs). This rule restores a phrase of CAIR regulatory text related to State annual
emissions reporting requirements that was inadvertently deleted when the rule was revised in 2006, corrects typographical
errors in the spellings of 3 States in the CAIR regulatory text, and corrects a typographical error in a section citation in the CAIR
FIPs regulatory text. It does not change any of the CAIR or CAIR FIPs rule requirements.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 51, 97 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 7401 et seq
Legal Deadline: None
Timetable:
I
| Final Action
Action
Date
10/01/2007
FR Cite
72 FR 55657
Additional Information: SAN No 5179;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Carla Oldham Environmental Protection Agency
Air and Radiation
C539-02
Washington, DC 20460
Phone: 919541-3347
FAX: 919541-0824
E-Mail: Oldham.Carla@epamail.epa.gov
Agency Contact: Rhea Jones Environmental Protection Agency
Air and Radiation
C539-04
Research Triangle Park, NC 27711
Phone: 919541-2940
FAX: 919541-0824
E-Mail: jones.rhea@epa.gov
Environmental Protection Agency (EPA)
Air and Radiation ( AR ) RIN: 2060-A065
Title: Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products
Abstract: This final PCWP rule announces: (1) The change in the compliance date from October 1, 2008, to October 1,
2007, and (2) the deletion of the low-risk provisions. This action is necessary to conform to a court order remanding and
vacating the promulgated rule's provisions on these issues.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: CAA
Legal Deadline: None
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Timetable:
Action
Final Action
Date
10/29/2007
FR Cite
72 FR 61 060
Additional Information: SAN No 5184;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Mary Kissell Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-4516
FAX: 919685-3219
E-Mail: kissell.mary@epa.gov
Agency Contact: Ken Hustvedt Environmental Protection Agency
Air and Radiation
E143-01
Washington, DC 20460
Phone: 919541-5395
FAX: 919541-0246
E-Mail: hustvedt.ken@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB94
Title: Future Testing for Existing Chemicals (Overview Entry)
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, ECAs 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4; 15USC2611 TSCA 12
Legal Deadline: None
Timetable:
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Unified Agenda
Action
ANPRM
Date
08/00/2008
FR Cite
Additional Information: SAN No. 3493; EPA publication information: ANPRM-Placeholder for potential new action in
next 6 months.;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202 564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD61
Title: Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
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 has provided advice to the EDSP on assay development and validation. For chemical testing priorities, the approach
to selecting the first 50-100 chemicals was finalized in September 2005 (70 FR 56449) and EPA implemented that approach.
EPA published a draft list of 73 pesticide active ingredients and high production volume (HPV) pesticide inert chemicals for
initial screening in June 2007 (72 FR 33486). EPA intends to commence Tier 1 screening of the first group of pesticide
chemicals by issuing test orders under FFDCA section 408(p) to chemical companies identified as the manufacturer or
processor of the identified chemicals, including the pesticide registrant. EPA is developing a draft implementation policy that will
describe the procedures that EPA will use to issue orders, the procedures that order recipients would use to respond to the
order, how data protection and compensation will be addressed in the test orders, and other related procedures or policies.
Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 "TSCA"; 21 USC 346(a) "FFDCA"; 42 USC 300(a)(17) "SDWA"; 7 USC 136 "FIFRA"
Legal Deadline: None
Regulatory Plan:
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Statement of Need: The Endocrine Disrupter Screening Program Implementation of the Screening and Testing Phase
fulfills the statutory direction and authority to screen pesticide chemicals and drinking water contaminants for their potential to
disrupt the endocrine system and adversely affect human health and wildlife.
Legal Basis: The screening and testing phase of the Endocrine Disruptor Screening Program (EDSP) potentially will
encompass a broad range of types of chemicals, including pesticide chemicals, TSCA chemicals, chemicals that may be found
in sources of drinking water, chemicals that may have an effect that is cumulative to the effect of a pesticide chemical,
chemicals that are both pesticide chemicals and TSCA chemicals, and other chemicals that are combinations of these types of
chemicals. As discussed in the Proposed Statement of Policy, EPA has a number of authorities at its disposal to require testing
of these types of chemicals. The Federal Food, Drug, and Cosmetics Act (FFDCA) section 408(p) provides EPA authority to
require testing of all pesticide chemicals and any other substance that may have an effect that is cumulative to an effect of a
pesticide chemical if EPA determines that a substantial population may be exposed to the substance. 21 U.S.C. 346a)(p).
Likewise, the Safe Drinking Water Act (SDWA) provides EPA with authority to require testing of any substance that may be
found in sources of drinking water if EPA determines that a substantial population may be exposed to the substance. 42 USC
sec300j-17. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides EPA with authority to require testing of
pesticides if EPA determines that additional data are required to maintain in effect an existing registration. 7 USC sec 136a(c)
(2)(B). The Toxic Substances Control Act (TSCA) provides authority for EPA to require testing of TSCA chemicals, provided
that it makes certain hazard and/or exposure findings. 15 USC sec 2603. In addition, EPA has authority to issue consent
orders to require testing when interested parties agree on an acceptable testing program. 51 FR 23706 (June 30,1986).
Alternatives: A federal role is mandated under cited authority. There is no alternative to the role of the Federal
government on this issue to ensure that pesticides, commercial chemicals and contaminants are screened and tested for
endocrine disruption potential. A limited amount of testing may be conducted voluntarily but this will fall far short of the
systematic screening which is necessary to protect public health and the environment and ensure the public that all important
substances have been adequately evaluated.
Costs and Benefits: It is too early to project the costs and benefits of this program accurately. However, a preliminary
rough estimate by industry indicated a cost of $200,000 per chemical. It is also too early to quantify the benefits of this program
quantitatively. The goal of the program is to reduce the risks identified below.
Risks: Evidence is continuing to mount that wildlife and humans may be at risk from exposure to chemicals operating
through an endocrine mediated pathway. Epidemiological studies on the associations between chemical exposures and
adverse endocrine changes continue to evaluate this problem in humans. Wildlife effects have been more thoroughly
documented. Abnormalities in birds, marine mammals, fish, amphibians, alligators, and shellfish have been documented in the
U.S., Europe, Japan, Canada, and Australia which have been linked to specific chemical exposures. Evidence is sufficient for
the U.S. to proceed on a two track strategy: Research on the basic science regarding endocrine disruption and screening with
validated assays to identify which chemicals are capable of interacting with the endocrine system. The combination of research
and test data submitted in this program will enable EPA to take action to reduce risks.
Timetable:
Action
Other
Date
11/00/2007
FR Cite
Additional Information: SAN No. 4728; EPA publication information: Notice; Split from RIN 2070-AD26. In August 2000,
the Agency submited the required Status Report to Congress. In March 2002, the Agency submitted the requested status report
to Congress on the Endocrine Disruptor Methods Validation subcommittee under the National Advisory Council on
Environmental Policy and Technology.
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: http://www.epa.gov/scipoly/
oscpendo/index.htm
Government Levels Affected: Federal
Federalism: No
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Agency Contact: William Wooge Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7201M
Washington, DC 20460
Phone: 202564-8476
FAX: 202 564-8482
E-Mail: wooge.william@epa.gov
Agency Contact: Joe Nash Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8886
FAX: 202564-4765
E-Mail: nash.joseph@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ30
Title: Nanoscale Materials Under TSCA
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. On July 12,2007, the Agency published a
document that describes specific elements regarding a voluntary stewardship program for nanoscale materials, a proposed
information collection request, and a paper that describes determining the TSCA inventory status of nanoscale materials. In
addition, EPA conducted a public meeting on August 2 to receive oral comments on the stewardship program and the published
documents. A notice announcing the stewardship program including final versions of any documents is scheduled to be
published in February, 2008.
Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2601et seq
Legal Deadline: None
Regulatory Plan:
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Statement of Need: There is evolving understanding of a new technology with regard to health and safety implications
from exposure to nanoscale materials. This is also true in the areas of environmental fate, efficacy of exposure mitigation
practices, etc. Therefore, at present the lack of information leads to challenges in the assessment of and decision-making on
nanoscale materials.
Legal Basis: Under TSCA, EPA has the authority to require the development of data adequate for the assessment of
chemical substances and mixtures from persons that manufacture or process them, and to prevent and eliminate unreasonable
risk of injury to human health and environment from chemical substances and mixtures.
Alternatives: The stewardship program is an effective yet flexible alternative to traditional regulatory approaches.
Costs and Benefits: To be determined.
Risks: EPA will use information from the stewardship program to inform appropriate steps and future framework to protect
human health and the environment from unreasonable risk.
Timetable:
Action
Other
Other
Date
07/12/2007
02/00/2008
FR Cite
72 FR 38083
Additional Information: SAN No. 5058; EPA publication information: Notice: TSCA Inventory Status - http://www.epa.
gov/fedrgstr/EPA-TOX/2007/July/Day-12/t13558.htm; EPA Docket information: EPA-HQ-OPPT-2004-0122
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Jim Alwood Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8974
FAX: 202564-4775
E-Mail: alwood.jim@epa.gov
Agency Contact: Jim Willis Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-0104
FAX: 202564-9490
E-Mail: Willis.Jim@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ34
Title: Test Rule; Nonylphenol (NP) and Its Ethoxylates (NPE)
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Abstract: In June 2007, EPA received a petition under section 21 of the Toxic Substances Control Act (TSCA) requesting
that EPA require manufacturers and importers of nonylphenol (NP) and nonylphenol ethoxylates (NPEs) to conduct certain
health and safety studies under TSCA section 4. Based on its review of the information submitted in support of the petition,
additional information obtained by EPA, and public comments, EPA granted the request to initiate a proceeding to require
chronic aquatic toxicity testing. In order to develop a properly tailored test requirement that would provide EPA with sufficient
data to make a reasoned evaluation of the environmental effects of NPEs, EPA will commence the proceeding by issuing an
ANPRM that solicits public comment on several testing issues prior to the issuance of a proposed rule. In that ANPRM, EPA
also intends to request public comment on potential additional testing related to certain of the other section 4 requests for NP
and NPEs raised in the petition.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
ANPRM
Date
08/00/2008
FR Cite
Additional Information: SAN No. 5187;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: John Schaeffer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8173
FAX: 202564-4765
E-Mail: Schaeffer.John@epamail.epa.gov
Agency Contact: Mike Mattheisen Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-3077
FAX: 202564-4765
E-Mail: Mattheisen.Mike@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD16
Title: Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
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Abstract: EPA is issuing test rules under section 4(a) of the Toxic Substances Control Act (TSCA) to require testing and
recordkeeping requirements for certain high production volume (HPV) chemicals (i.e., chemicals which are manufactured
(including imported) in the aggregate at more than 1 million pounds on an annual basis) that have not been sponsored under
the voluntary HPV Challenge Program. Although varied based on specific data needs for the particular chemical, the data
generally collected under these rules may include: acute toxicity, repeat dose toxicity, developmental and reproductive toxicity,
mutagenicity, ecotoxicity, and environmental fate. The first rule proposed testing for 37 HPV chemicals with substantial worker
exposure. When finalized on March 16, 2006, the number of chemicals included in the first final rule was reduced to 17 based
on new information on annual production volumes, worker exposure, and commitments to the voluntary HPV Challenge
Program. Subsequent test rules, including a proposed rule scheduled to be published in spring of 2008 are expected to require
similar screening level testing for additional unsponsored HPV Challenge Program chemicals.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ]
Legal Authority: 15USC2603
Legal Deadline: None
Regulatory Plan:
Statement of Need: Prior to inception of the HPV Challenge Program, in 1998, EPA found that, of those non-polymeric
organic substances produced or imported in amounts equal to or greater than 1 million pounds per year based on 1990
reporting for EPA's Inventory Update Rule (IUR), only 7 percent had a full set of publicly available internationally recognized
basic health and environmental fate/effects screening test data. Of the over 2,800 HPV chemicals based on 1990 data, 43%
had no publicly available basic hazard data. For the remaining chemicals, limited amounts of the data were available. This lack
of available hazard data compromised the ability of EPA and others to determine whether these HPV chemicals pose potential
risks to human health or the environment, as well as the public's right-to-know about the hazards of chemicals that are found in
their environment, their homes, their workplaces, and the products that they buy. On April 21,1998, a national initiative, known
as the Chemical Right-To-Know (ChemRTK) Initiative, was announced by EPA. This Initiative is designed to collect and, where
needed, develop the basic screening level toxicity and fate data that are necessary to provide the information needed to
assess the potential hazards/risks that may be posed by exposure to HPV chemicals. A primary component of the ChemRTK
Initiative is the voluntary HPV Challenge Program, which was created in cooperation with industry, environmental groups, and
other interested parties, and is designed to assemble basic screening level test data on the potential hazards and fate of HPV
chemicals. Since the inception of the HPV Challenge Program in 1998, industry chemical manufacturers and importers have
participated in the Challenge Program by sponsoring 2,250 chemicals with sponsorship by more that 350 companies and 100
consortia. EPA is in the process of developing hazard characterizations based on the data received to date under the
Challenge Program. Data needs which remain unmet in either the voluntary HPV Challenge Program or through
complementary international efforts (i.e., the OECD SIDS HPV Program and the International Council of Chemical
Associations) may be addressed through rulemaking under TSCA section 4.
Legal Basis: These test rules would be issued under section 4(a)(1)(B) of TSCA. Section 2(b)(1) of TSCA states that it is
the policy of the United States that "adequate data should be developed with respect to the effect of chemical substances and
mixtures on health and the environment and that the development of such data should be the responsibility of those who
manufacture [which is defined by statute to include import] and those who process such chemical substances and mixtures[.]"
To implement this policy,-TSCA section 4(a) mandates that EPA require by rule that manufacturers and processors of chemical
substances and mixtures conduct testing if the Administrator finds that: (1)(A)(i) the manufacture, distribution in commerce,
processing, use, or disposal of a chemical substance or mixture, or that any combination of such activities, may present an
unreasonable risk of injury to health or the environment, (ii) there are insufficient data and experience upon which the effects of
such manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture or of any combination
of such activities on health or the environment can reasonably be determined or predicted, and (iii) testing of such substance
or mixture with respect to such effects is necessary to develop such data; or (B)(i) a chemical substance or mixture is or will be
produced in substantial quantities, and (I) it enters or may reasonably be anticipated to enter the environment in substantial
quantities or (II) there is or may be significant or substantial human exposure to such substance or mixture, (ii) there are
insufficient data and experience upon which the effects of the manufacture, distribution in commerce, processing, use, or
disposal of such substance or mixture or of any combination of such activities on health or the environment can reasonably be
determined or predicted, and (iii) testing of such substance or mixture with respect to such effects is necessary to develop such
data.
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Alternatives: The strategy and overall approach that EPA is using to address data collection needs for U.S. HPV
chemicals includes a voluntary component (the HPV Challenge Program), certain international efforts, and these rulemakings
under TSCA. The issuance of a rulemaking is often the Agency's final mechanism for obtaining this important information.
Costs and Benefits: The potential benefits of these test rules are substantial. For those chemical substances included
in these rules, EPA believes that there are insufficient data to reasonably determine or predict their effects on health or the
environment. EPA believes that the internationally recognized basic health and environmental fate/effects screening testing
that would be required in these rules would provide critical information needed to conduct screening level characterizations of
the health and environmental hazards of these substances. This information, when combined with information about exposure
and uses, will allow the Agency and others to evaluate the potential health and environmental risks of these substances and to
take appropriate follow up action. The cost of the baseline screening testing laboratory costs that would be imposed is
estimated to be about $300,000 per chemical for a full set of tests. It is unlikely, however, for a chemical to need a full set of
tests, which would only occur if none of the data in question already exists.
Risks: Data collected and/or developed under these test rules, when combined with information about exposure and uses,
will allow the Agency and others to evaluate and prioritize potential health and environmental effects and take appropriate
follow up action.
Timetable:
Action
NPRM
Final Action
Other
Other
Date
12/26/2000
03/16/2006
12/08/2006
03/00/2008
FR Cite
65 FR 81658
71 FR 13709
71 FR 71058
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/opptintr/chemtest
Sectors Affected: 325; 32411
Agency Contact: Paul Campanella Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8091
FAX: 202564-4765
E-Mail: campanella.paul@epa.gov
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD30
Title: Pesticides; Data Requirements for Antimicrobials
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Abstract: EPA will update and revise its pesticide data requirements for antimicrobial pesticide products. The revisions will
revise its existing 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 158 and 161 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136 to 136y
Legal Deadline: None
Regulatory Plan:
Statement of Need: The Agency is in the process of updating its data requirements for pesticides. Since the current data
requirements were first published in 1984, the information needed to support the registration of a pesticide has evolved along
with the expanding knowledge base of pesticide chemical technology. Over the years, revisions and updates to the data
requirements have been applied on a case-by-case basis. In 2007, the Agency promulgated data requirements for
conventional, and biochemical and microbial pesticide chemicals. As part of this action, the 1984 data requirements were
transferred intact to part 161 to provide continued regulatory coverage for antimicrobial pesticides until the Agency can
promulgate a final regulation. This rule will update and revise the existing data requirements for antimicrobial pesticide
products. These revisions build upon those previously proposed for conventional chemicals, but are tailored to the specific data
needs of antimicrobial pesticides. The revisions will provide stakeholders with greater transparency and clarity to determine the
data needed for an antimicrobial pesticide product without having extensive consultations with the Agency, more focused use
patterns that reflect current practice, and a more efficient registration process. When the Agency promulgates the revised data
requirements in part 158 subpart W, the current data requirements in part 161 will be removed.
Legal Basis: 7 U.S.C. 136 to 136y
Alternatives: The Agency is required by its various statutory mandates to establish data requirements that support its
regulatory decisions. The Agency re-evaluates those data requirements in light of scientific advances, analytical improvements,
and new technology, to provide a sound scientific basis for those decisions. On a case by case basis, the Agency considers
whether alternative regulatory methods, such as restrictions on use, would obviate the need for data, and explores means of
introducing flexibility and clarity to reduce burdens on the regulated community. For this rule, EPA will analyze keeping the
current data requirements as specified in part 161, using the data requirements promulgated for conventional chemicals, and
promulgating new data requirements specifically for antimicrobials.
Costs and Benefits: The Agency is conducting an economic analysis to support the rule. Anticipated benefits include
less uncertainty and clearer understanding of the actual risk, increased clarity and transparency to the regulated community,
improved scientific basis for pesticide regulatory decisions, and enhanced international harmonization with less duplication of
data. The increased costs of the rule are estimated as greater than $3 million /year for the 72 companies that hold registrations
or have applied for a registration for an antimicrobial product.
Risks: The revisions to the data requirements to be proposed, like the existing requirements in part 158, would require an
applicant for pesticide registration to supply the Agency with information on the pesticide: composition, toxicity, potential
human exposure, environmental properties and ecological effects, and, in certain cases, efficacy. This information is used to
assess the human health and environmental risks associated with the product. The data that will be required by this regulation
are the foundation of EPA's risk assessment for antimicrobial pesticides, and provide a sound scientific basis for any licensing
decisions that impose requirements that mitigate or reduce risks. Under FIFRA, the applicant for registration must demonstrate
to the Agency's satisfaction that the pesticide product will not cause "unreasonable adverse effects" to humans or to the
environment.
Timetable:
Action
NPRM
Date
07/00/2008
FR Cite
Additional Information: SAN No. 4173
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Regulatory Flexibility Analysis
„..,.,. . , Government Levels Affected: Federa
Required: Undetermined
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/pesticides/
regulating/data.htm
Sectors Affected: 32519; 32551; 32532; 32561
Agency Contact: Kathryn Boyle Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703305-6304
FAX: 703305-5884
E-Mail: boyle.kathryn@epa.gov
Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD48
Title: Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in Residential Upholstered
Furniture
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 that may be used in RUF to meet the RUF
Flammability Standard. 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 704; 40 CFR 721; 40 CFR 707; 40 CFR 710 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 15 USC 2604 TSCA 5
Legal Deadline: None
Timetable:
I
| NPRM
Action
Date
06/00/2008
FR Cite
Additional Information: SAN No. 4512;; EPA Docket information: EPA-HQ-OPPT-2002-0074
Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Small Entities Affected: No Federalism: No
Energy Affected: No
290
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Unified Agenda
Sectors Affected: 325; 313; 337121
Agency Contact: John Bowser Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8082
FAX: 202564-4775
E-Mail: Bowser.John@epamail.epa.gov
Agency Contact: Amy Breedlove Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9823
FAX: 202564-4775
E-Mail: breedlove.amy@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD52
Title: Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
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. The administrative
rule "Polychlorinated Biphenyls (PCBs); Transfer of Cleanup and Disposal Program from OPPTS to OSWER" (SAN 5178) is
scheduled to be completed in October, 2007, at which time the internal EPA lead for this action will be transferred to OSWER.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 761 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2605(e) TSCA 6
Legal Deadline: None
Timetable:
Action
NPRM
Date
10/00/2008
FR Cite
Additional Information: SAN No. 4597;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business; Governmental
Jurisdictions; Organizations
Energy Affected: No
RIN Information URL: www.epa.gov/pcb
Sectors Affected: 31-33; 81; 54; 92; 53; 48-49; 22; 562
Government Levels Affected: Federal; Local; State;
Tribal
Federalism: No
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Unified Agenda
Agency Contact: Sara McGurk Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0480
FAX: 202566-0473
E-Mail: Mcgurk.Sara@epamail.epa.gov
Agency Contact: Peter Gimlin Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0515
FAX: 202 566-0473
E-Mail: Gimlin.Peter@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ04
Title: TSCA Inventory Nomenclature for Enzymes and Proteins
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 720.45 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15USC2607
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Date
11/15/2004
05/00/2008
FR Cite
69 FR 65565
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
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Greg Fritz Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8583
FAX: 202564-9490
E-Mail: fritz.greg@epa.gov
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Unified Agenda
Agency Contact: Loraine Passe Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7406M
Washington, DC 20460
Phone: 202564-9064
E-Mail: passe.loraine@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ15
Title: Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 720 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15USC2604
Legal Deadline: None
Timetable:
Action
NPRM
Date
02/00/2008
FR Cite
Additional Information: SAN No. 4975;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Agency Contact: Miriam Wigganslewis Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9373
FAX: 202564-1256
E-Mail: wigganslewis.miriam@epa.gov
Government Levels Affected: No
Federalism: No
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Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ20
Title: Pesticides; Competency Standards for Occupational Users
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 to better protect pesticide applicators and the public and the environment
from harm due to pesticide exposure. Changes may include having certain occupational users of pesticides demonstrate
competency by meeting minimum competency requirements. The need for change arose from EPA discussions with key
stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training
Assessment Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the
current state of, and the need for improvements in, the national certified pesticide applicator program. Throughout these
extensive interactions with stakeholders, EPA has learned of the need for changes to the regulation.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 171; 40 CFR 156; 40 CFR 152 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 7 USC 136; 7 USC 1361; 7 USC 136w
Legal Deadline: None
Regulatory Plan:
Statement of Need: The regulations governing the Federal and State certification of pesticide applicators, 40 CFR part
171, were originally promulgated in 1974. Since that time State certification programs have gone beyond the Federal
regulations in a number of areas. The need for change arose from EPA discussions with key stakeholders. EPA has been in
extensive discussions with stakeholders since 1997 when the Certification and Training Assessment Group (CTAG) was
established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for
improvements in, the national certified pesticide applicator program. Throughout these extensive interactions with
stakeholders, EPA has learned of the need for changes to the regulation. Stakeholders identified the need for a minimum
standard of competency for all occupational users of pesticides as well as the establishment of standards for determination of
applicator competency and continued competency.
Legal Basis: 7U.S.C. 136w
Alternatives: EPA is considering various alternatives to regulation change based upon stakeholder input. The Agency is
in the formative stages of this regulatory effort, and alternatives have not yet been fully identified and evaluated.
Costs and Benefits: EPA will develop an economic analysis to support this rule.
Risks: The proposed regulation would require that certain occupational users of pesticides meet minimum competency
standards and require additional competency determinations of those who use the most toxic pesticides in a manner that could
result in significant exposure to the public. These changes would strengthen the regulations that protect pesticide applicators
and the public from potential harm due to pesticide exposure.
Timetable:
Action
NPRM
Date
12/00/2008
FR Cite
Additional Information: SAN No. 5007
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business
Energy Affected: No
Government Levels Affected: Federal; State; Tribal
Federalism: No
294
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Unified Agenda
Agency Contact: Kathy Davis Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703308-7002
FAX: 703308-2962
E-Mail: davis.kathy@epa.gov
Agency Contact: Richard Pont Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703305-6448
FAX: 703308-2962
E-Mail: pont.richard@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ21
Title: Clarification on TSCA Inventory Status of Activated Phosphors
Abstract: EPA is clarifying the chemical identification of activated phosphors for purposes of the Toxic Substances Control
Act (TSCA) Chemical Substance Inventory (TSCA Inventory). When an activated phosphor chemical is electrically excited, it
emits light and the chemicals are then used in applications such as televisions, identifying counterfeit bills, and light-emitting
diodes (LEDs). Specifically, the Agency is clarifying that an activated phosphor 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 sec. 5 requires
a company to submit a premanufacture notice (PMN) to EPA. Apparently the Inventory status of activated phosphors has not
been well understood by industry and several firms have initiated the manufacture of activated phosphor materials that are not
listed on the TSCA Inventory without having submitted the required PMN. EPA intends to seek public comment on draft
interpretation in this area to ensure that the necessary clarity is provided.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 720 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604
Legal Deadline: None
Timetable:
Action
Notice
Date
11/00/2007
FR Cite
Additional Information: SAN No. 4984;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
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
E-Mail: schutz.david@epa.gov
Government Levels Affected: No
Federalism: No
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Agency Contact: Miriam Wigganslewis Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
, 7405M
Washington , DC 20460
Phone: 202 564-9373
FAX: 202564-1256
E-Mail: wigganslewis.miriam@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ22
Title: Pesticides; Agricultural Worker Protection Standard Revisions
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 improve agricultural workers' ability to 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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 156; 40 CFR 170 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136; 7 USC 136w
Legal Deadline: None
Regulatory Plan:
Statement of Need: The regulations governing the protection of agricultural workers, 40 CFR part 170, were
promulgated in 1992. Since that time, stakeholders provided input on areas to improve the regulation, particularly to better
protect agricultural field workers and handlers from pesticide risks. 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. Stakeholders identified the need for a
minimum standard of competency for all occupational users of pesticides as well as the establishment of standards for
determination of applicator competency and continued competency.
Legal Basis: 7U.S.C. 136w
Alternatives: EPA is considering various alternatives to regulation change based upon stakeholder input. The Agency is
in the formative stages of this regulatory effort, and alternatives have not been fully identified and evaluated.
Costs and Benefits: EPA will develop an economic analysis to support this rule.
Risks: This proposal would reduce the risks to agricultural workers from potential exposure to pesticides and pesticide
exposure.
Timetable:
Action
NPRM
Date
12/00/2008
FR Cite
Additional Information: SAN No. 5006
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Regulatory Flexibility Analysis
„..,.,, . ' Government Levels Affected: Federal; State
Required: Undetermined
Small Entities Affected: Business Federalism: No
Energy Affected: No
Agency Contact: Kathy Davis Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703308-7002
FAX: 703308-2962
E-Mail: davis.kathy@epa.gov
Agency Contact: Richard Pont Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703305-6448
FAX: 703308-2962
E-Mail: pont.richard@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ27
Title: Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40CFR158and 174 (To search for a specific CFR. visit the Code of Federal Regulations)
Legal Authority: 7 USC 136a; 7 USC 136w
Legal Deadline: None
Regulatory Plan:
Statement of Need: There are currently no separate data requirements for plant-incorporated protectants (PIPs), a new
type of pesticide first registered in the mid-1990s. Instead, the Agency has relied on the microbial pesticide data requirements
tailored on a case-by-case basis. The information needed to support the registration of a PIP has evolved along with the
expanding knowledge base of pesticide chemical technology. When established, these data requirements will reflect current
scientific knowledge and understanding. Establishing these data requirements will provide stakeholders with greater
transparency and clarity to determine the data needed for PIP pesticide product without having extensive consultations with the
Agency and a more efficient registration process. Further, establishing these data requirements will improve the Agency's
ability to make regulatory decisions about human health and environmental effects of PIP pesticides to better protect wildlife,
the environment and people.
Legal Basis: The final rule will describe data and information needed to support multiple pesticide mandates under two
statutes: the registration, reregistration, registration review, and experimental use permit programs under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), and the tolerance-setting and reassessment program under the Federal
Food, Drug and Cosmetic Act (FFDCA). These programs are authorized under FIFRA sections 3,4, and 5 and FFDCA sec
408.
Alternatives: The Agency is required by its various statutory mandates to establish data requirements that support its
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regulatory decisions. On a case-by-case basis, the Agency considers whether alternative regulatory methods would obviate
the need for data and explores the means of introducing flexibility and clarity to reduce burdens on the regulated community.
For this rule, EPA will analyze several scenarios including establishing data requirements tailored specifically to PIP pesticides,
not establishing any data requirements, and remaining status quo with relying on the microbial pesticide data requirements
tailored on a case-by-case basis.
Costs and Benefits: The Agency is conducting an economic analysis to support this rule. Anticipated benefits include
greater certainty and clearer understanding of the actual risk, increased clarity and transparency to the regulated community,
improved scientific basis for pesticide regulatory decisions, and enhanced international harmonization with less duplication of
data. However, since this rulemaking is currently under Agency workgroup discussion, the specific costs and benefits of the
action have not yet been determined. The Agency expects this rule to result in decreased illness and death resulting from
pesticide exposure.
Risks: The proposed revisions to the data requirements, like the existing requirements in part 158, would require an
applicant for pesticide registration to supply the Agency with information on the pesticide: Composition, toxicity, potential
human exposure, environmental properties, and ecological effects. This information is used to assess the human health and
environmental risks associated with the product. The data that will be required by this regulation form the foundation of EPA's
risk assessment for pesticides, and provide a sound scientific basis for any licensing decisions that impose requirements that
mitigate or reduce risks, and that ensure that pesticide resides in food meet the "reasonable certainty of no harm" risk standard
of the Federal Food Drug and Cosmetic Act (FFDCA).
Timetable:
Action
NPRM
Date
05/00/2008
FR Cite
Additional Information: SAN No. 5005
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Agency Contact: Kristen Brush Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703308-0308
E-Mail: brush.kristen@epa.gov
Agency Contact: William Schneider Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7511P
Washington, DC 20460
Phone: 703308-8683
FAX: 703308-7026
E-Mail: schneider.william@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ32
Title: Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of
Plant-Incorporated Protectants (PIPs)
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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 ten years, with the first commercial registration of a PIP under
FIFRA issued in 1995. On July 19, 2001, EPA published rules establishing much of the current regulatory structure for PIPs.
This rulemaking effort is intended to address the issues that were not addressed in 2001, including defining the nature of
regulated production of PIPs and associated issues such as reporting, product labeling and recordkeeping. The rule will affect
those persons who produce PIPs and is expected to clarify the legal requirements of their products at various production
phases, improving their ability to conduct business. It is expected to also improve the ability of the EPA to identify and respond
to instances where there are potentially significant violations. EPA also intends to address activities that the Agency does not
believe warrant regulation and will consider exempting those activities, as appropriate, from FIFRA in whole or in part.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 174; 40 CFR 152; 40 CFR 156; 40 CFR 167; 40 CFR 168; 40 CFR 169; 40 CFR 172 (To search for
a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 7 USC 136 et seq
Legal Deadline: None
Timetable:
Action
ANPRM
Other
Other
NPRM
Date
04/04/2007
04/11/2007
05/23/2007
09/00/2008
FR Cite
72 FR 1631 2
72 FR 18191
72 FR 28911
Additional Information: SAN No. 5082; EPA publication information: ANPRM - http://www.epa.gov/fedrgstr/EPA-
PEST/2007/April/Day-04/p6151.htm; EPA Docket information: EPA-HQ-OPP-2006-1003
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
biopesticides/pips/proposals/comments_pip_requirements.htm
Agency Contact: Stephen Howie Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington , DC 20460
Phone: 202564-4146
FAX: 202564-8502
E-Mail: Howie.Stephen@epa.gov
Agency Contact: Elizabeth Milewski Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington, DC 20460
Phone: 202 564-8492
FAX: 202564-8501
E-Mail: Milewski.Elizabeth@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ33
Title: Plant-Incorporated Protectant-Fusion Proteins (PIP-FPs)
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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-Fusion Protein (PIP-FP), 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-FPs can occur during the insertions! 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 174.3 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7USC136
Legal Deadline: None
Timetable:
Action
NPRM
Date
08/00/2008
FR Cite
Additional Information: SAN No. 5101;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Energy Affected: No
Agency Contact: Kenneth Haymes Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington , DC 20460
Phone: 202 564-0306
FAX: 202564-8502
E-Mail: Haymes.Kenneth@epa.gov
Agency Contact: Elizabeth Milewski Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington , DC 20460
Phone: 202564-8492
FAX: 202 564-8501
E-Mail: Milewski.Elizabeth@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AA59
Title: Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
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. In instances where no such
determination is made and no consent order is issued under section 5(e) of TSCA, EPA may issue Significant New Use Rules
(SNURs) requiring 90-day notification to EPA from any manufacturer, importer, or processor who would engage in activities that
are designated as significant new uses. Under the Expedited Follow-up Rule (EFUR) which became effective on October 12,
1989, EPA will identify such new chemicals and publish them in a batch SNUR 3-4 times per year. Chemicals that were subject
to a proposed SNUR before the effective date of the EFUR or do not qualify under the EFUR, may be regulated individually by
notice and comment rulemaking and are listed below.
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Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 15 USC2604TSCA5
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Other
Other
Date
06/11/1986
12/08/1987
06/11/1993
12/00/2007
12/00/2009
12/00/2009
FR Cite
51 FR 21199
52 FR 46496
58 FR 32628
Additional Information: SAN No. 1976; EPA publication information: NPRM: 84-1056-Alkyl & Sulfonic Acid &
Ammonium Salt (84-1056);
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/opptintr/newchems/
cnosnurs.htm
Sectors Affected: 325; 324
Agency Contact: Karen Chu Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8773
FAX: 202564-9490
E-Mail: chu.karen@epa.gov
Agency Contact: Kenneth Moss Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9232
E-Mail: moss.kenneth@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AB08
Title: TSCA Section 8(a) Preliminary Assessment Information Rules
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.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
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CFR Citation: 40 CFR 712 (To search for a specific CFR, visit the Code of Federal Regulations I
Legal Authority: 15 USC 2607(a) TSCA 8(a)
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Date
06/11/2003
12/07/2004
08/16/2006
06/00/2008
FR Cite
68 FR 34832
69 FR 70552
71 FR 47122
Additional Information: SAN No. 2178; EPA publication information: Final 51st ITC List-51st ITC List;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Joseph Nash Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8886
FAX: 202564-4765
E-Mail: nash.joseph@epa.gov
Agency Contact: Gerry Brown Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8086
FAX: 202564-4765
E-Mail: brown.gerry@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AB11
Title: TSCA Section 8(d) Health and Safety Data Reporting Rules
Abstract: These rules require chemical manufacturers, importers, and processors to submit unpublished health and safety
data on chemicals added to the Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule (40
CFR part 716). These chemicals have been identified by the Office of Pollution Prevention and Toxics, other EPA offices, and
other Federal agencies, as well as recommended for testing consideration by the Interagency Testing Committee (ITC). The
Regulatory Agenda identifies the most recent rules and any anticipated rules.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 716 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2607(d) TSCA 8(d)
Legal Deadline: None
Timetable:
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Action
Other
Other
Other
Other
Date
05/04/2004
08/16/2006
11/00/2007
06/00/2008
FR Cite
69 FR 2451 7
71 FR 47130
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/t13489.htm;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Joe Nash Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8886
FAX: 202 564-4765
E-Mail: nash.joseph@epamail.epa.gov
Agency Contact: Gerry Brown Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8086
FAX: 202564-4765
E-Mail: brown.gerry@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AB27
Title: Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
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.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604
Legal Deadline: None
Timetable:
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Action
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
Date
06/06/1994
12/19/1994
06/26/1997
10/06/2006
03/29/2007
09/19/2007
03/00/2008
12/00/2009
12/00/2009
12/00/2009
12/00/2009
FR Cite
59 FR 29255
59 FR 65289
62 FR 34421
71 FR 59066
72 FR 14681
72 FR 53470
Government Levels Affected: No
Federalism: No
Additional Information: SAN No. 3495; EPA publication information: Direct Final Action: SNUR Revocation - http://www.
epa.gov/fedrgstr/EPA-TOX/2006/October/Day-06/t16574.htm;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/opptintr/newchems/
cnosnurs.htm
Sectors Affected: 325; 324
Agency Contact: Karen Chu Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8773
FAX: 202564-9490
E-Mail: chu.karen@epa.gov
Agency Contact: Kenneth Moss Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9232
E-Mail: moss.kenneth@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AB79
Title: Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
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Unified Agenda
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 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)(1) of the CAA list of HAPS.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
NPRM
Other
Final Action
Date
10/20/2006
12/18/2006
10/00/2008
FR Cite
71 FR 61926
71 FR 75704
Additional Information: SAN No. 2563; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/
October/Day-20/a17569.htm; EPA Docket information: EPA-HQ-OPPT-2002-0073
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Robert Jones Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8161
FAX: 202564-4765
E-Mail: Jones.Robert@epamail.epa.gov
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8469
FAX: 202 564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
305
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Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC21
Title: Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
Abstract: On October 20,1992, the Environmental Defense Fund (EOF), 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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2605 TSCA 6
Legal Deadline: None
Timetable:
Action
ANPRM
NPRM
Other
Date
05/13/1991
03/09/1994
12/00/2007
FR Cite
56 FR 22096
59 FR 11 122
Additional Information: SAN No. 3252; EPA publication information: NPRM-Proposed Ban of Fishing Sinkers;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0486
FAX: 202566-0471
E-Mail: cantor.doreen@epa.gov.
Agency Contact: Julie Simpson Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-1980
FAX: 202566-0471
E-Mail: simpson.julie@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC37
Title: TSCA; Refractory Ceramic Fibers (RCFs)
306
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
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 including Refractory Ceramic Fibers (RCFs). RCFs are
amorphous synthetic fibers that part of larger group called synthetic vitreous fibers (SVFs). RCFs are made by either "spinning"
or "blowing" and are used primarily for high temperature industrial insulation purposes (e.g., furnaces, heaters, kilns) in addition
to automotive applications, aerospace uses, and in certain other industrial applications. As chemicals of potential concern 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 704; 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2605 TSCA 6
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/21/1994
09/00/2008
FR Cite
59 FR 13294
Additional Information: SAN No. 3528;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Sectors Affected: 327999
Agency Contact: Robert Courtnage Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-1081
FAX: 202566-0473
E-Mail: Courtnage.Robert@epamail.epa.gov
Agency Contact: Peter Gimlin Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0515
FAX: 202566-0473
E-Mail: Gimlin.Peter@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC46
Title: Groundwater and Pesticide Management Plan Rule
307
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: As proposed, this regulation would have established Pesticide Management Plans (PMPs) as a new regulatory
requirement for certain pesticides. Unless a State or tribal authority had an EPA-approved Plan specifying risk-reduction
measures, use of the chemical would be prohibited. The rule would also specify procedures and deadlines for development,
approval and modification of plans by States and tribal authorities. Several parameters of the program described in the
proposed rule were reconsidered to determine whether the program could address water quality issues rather than ground-
water only, and to determine 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 152.170 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136(a) FIFRAsecS; 7 USC 136(w)
Legal Deadline: None
Timetable:
Action
NPRM
Other
Supplemental NPRM
Other
Date
06/26/1996
02/23/2000
03/24/2000
11/00/2007
FR Cite
61 FR 33259
65 FR 8925
65 FR 15885
Additional Information: SAN No. 3222;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 9241
Agency Contact: Charles Evans Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703305-7199
E-Mail: Evans.Charles@epa.gov
Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703 305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Government Levels Affected: Federal; State; Tribal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC83
Title: Lead-Based Paint; Amendments for Renovation, Repair and Painting
308
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Abstract: In 2008, EPA will continue its work towards the Administration goal of eliminating childhood lead poisoning as a
national health concern by 2010 by implementing a comprehensive program to address lead-based paint hazards associated
with renovation, repair and painting activities. The program will be comprised of a combination of approaches including
regulations, and an extensive education and outreach campaign that will include elements specifically designed for industry and
consumers. Industry outreach will include dissemination of information regarding the regulation, lead-safe work practices, and
training opportunities. Consumer outreach will be designed to expand consumer awareness, and create demand for the use of
lead-safe work practices. EPA plans to finalize and begin implementation of the Renovation, Repair and Painting Program
regulations in 2008. EPA proposed these regulations on January 10, 2006 and amended that proposal on June 5, 2007 to
include child occupied facilities within the scope of the rule. The regulation should minimize the introduction of lead hazards
resulting from the disturbance of lead-based paint during renovation, repair, and painting activities. The regulations would
require contractors conducting renovation, repair and painting activities in most target housing and child occupied facilities to be
trained, certified, and to follow work practice standards designed to minimize the creation of lead hazards.
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: Private Sector
CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2682 "TSCA section 402"; 15 USC 2684 "TSCA section 404"
Legal Deadline:
Action
Other
NPRM
Source
Statutory
Statutory
Date
10/28/1996
12/30/2005
Regulatory Plan:
Statement of Need: Childhood lead poisoning is a pervasive problem in the United States, with almost a million young
children having more than 10 ug/dl of lead in their blood (Center for Disease Control's level of concern). Although there have
been dramatic declines in blood-lead levels due to reductions of lead in paint, gasoline, and food sources, remaining paint in
older houses continues to be a significant source of childhood lead poisoning. These rules will help insure that individuals and
firms conducting renovation, repairs and painting activities will do so in a way that safeguards the environment and protects the
health of building occupants, especially children under 6 years old.
Legal Basis: This regulation is mandated by TSCA section 402(c). TSCA Section 402(c) directs EPA to address
renovation and remodeling activities by first conducting a study of the extent to which persons engaged in various types of
renovation and remodeling activities are exposed to lead in the conduct of such activities or disturb lead and create a lead-
based paint hazard on a regular basis. Section 402(c) further directs the Agency to revise the lead-based paint activities
regulations (40 CFR part 745 subpart L) to apply to renovation, remodeling or painting activities that create lead-based paint
hazards.
Alternatives: EPA is considering alternatives including on the job training for renovation workers, the use of test kits to
determine the presence of lead paint, and the use of a cleaning verification protocol to determine if a job site is sufficiently
clean. TSCA Section 402(c) states that should the Administrator determine that any category of contractors engaged in
renovation or remodeling does not require certification; the Administrator may publish an explanation of the basis for that
determination.
Costs and Benefits: EPA's economic analysis provides quantitative cost estimates for the training, certification, and
work practices required by the rule. The economic analysis provides quantitative benefits estimates for avoided incidence of IQ
loss due to reduced lead exposures to children under the age of 6, and a qualitative discussion of other avoided adverse health
effects in children and adults. The economic analysis of the final rule will incorporate new information characterizing lead levels
in dust and soil after renovation, repair, and painting activities, and a new modeling approach to estimate the resultant blood
lead and IQ loss in children under the age of 6.
Risks: This rule is aimed at reducing the prevalence and severity of lead poisoning, particularly in children. The Agency has
concluded that many R&R work activities can produce or release large quantities of lead. These activities include, but are not
limited to: sanding, cutting, window replacement, and demolition. Lead exposure to R&R workers appears to be less of a
problem than to building occupants (especially young children). Some workers (and homeowners) are occasionally exposed to
high levels of lead. Any work activity that produces dust and debris may create a lead exposure problem.
309
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Timetable:
Action
NPRM
Other
Other
Other
Other
Other
Supplemental NPRM
Final Action
Date
01/10/2006
03/08/2006
03/02/2006
03/16/2006
04/06/2006
03/16/2007
06/05/2007
03/00/2008
FR Cite
71 FR1588
71 FR11570
71 FR 10628
71 FR 13561
71 FR 17409
72 FR 12582
72 FR 31022
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-10/1071 .htm; EPA Docket information: EPA-HQ-OPPT-2005-0049; Individual Document id in the EPA
docket: www.regulations.gov
Regulatory Flexibility Analysis
Required: Business; Governmental Jurisdictions;
Organizations
Federalism: No
Energy Affected: No
RIN Information URL: http://www.epa.gov/oppt/lead/
pubs/renovation.htm
Sectors Affected: 23599; 23551; 53111; 23322; 23521; 531311; 23321; 54138
Agency Contact: Mike Wilson Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0521
FAX: 202566-0471
E-Mail: wilson.mike@epa.gov
Agency Contact: Julie Simpson Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-1980
FAX: 202566-0471
E-Mail: simpson.julie@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD25
Title: Voluntary High Production Volume (HPV) Chemical Challenge Program
310
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2601 et seq (TSCA)
Legal Deadline: None
Timetable:
Action
Notice
Other
Date
12/26/2000
06/00/2008
FR Cite
65 FR 81 686
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business; Governmental ._ . .. .,
Federalism: No
Jurisdictions
Energy Affected: No
RIN Information URL: www.epa.gov/chemrtk/volchall.htm
Sectors Affected: 325; 32411
Agency Contact: Diane Sheridan Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8176
FAX: 202 564-4775
E-Mail: Sheridan.Diane@epamail.epa.gov
Agency Contact: Abeer Hashem Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-3128
FAX: 202564-4775
E-Mail: hashen.abeer@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD58
Title: Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
311
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: On March 7, 2006, 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 723 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/07/2006
04/00/2008
FR Cite
71 FR 11485
Additional Information: SAN No. 4635; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
TOX/2006/March/Day-07/t2152.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: Business Federalism: No
Energy Affected: No
Sectors Affected: 325; 327; 326
Agency Contact: Geraldine Hilton Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8986
FAX: 202564-9490
E-Mail: hilton.geraldine@epa.gov
Agency Contact: Kenneth Moss Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-9232
E-Mail: moss.kenneth@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ06
Title: Testing Agreement for Perfluorooctanoic Acid (PFOA)
312
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Date
07/08/2005
07/08/2005
08/00/2008
10/00/2009
FR Cite
70 FR 39630
70 FR 39624
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/t13492.htm; EPA Docket
information: OPPT-2003-0012
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: 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: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Agency Contact: Rich Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8167
FAX: 202 564-4765
E-Mail: leukroth.rich@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ09
Title: Testing Agreement for Diethanolamine
313
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
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 rule-making and allow EPA to
consider agreed-upon pollution prevention and other types of product stewardship initiatives by the chemical industry as a
possible substitute for or adjunct to certain types of needed testing. EPA proposed health effects testing under TSCA section 4
(a) for a number of hazardous air pollutants ("HAPs"), including 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 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Other
Date
06/00/2008
FR Cite
Additional Information: SAN No. 3493.4;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Agency Contact: Richard Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8167
E-Mail: leukroth.rich@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
314
RIN: 2070-AJ10
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title: Testing Agreement for Hydrogen Fluoride
Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing
chemicals. Under sction 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 rule-making and allow EPA to consider agreed-upon
pollution prevention and other types of product stewardship initiatives by the chemical industry as a possible substitute for or
adjunct to certain types of needed testing. EPA proposed health effects testing under TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"), including hydrogen fluoride (61 FR 33178, June 26,1996 (FRL-4869-1), as amended by 62
FR 67466, December 24,1997 (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the submission of
proposals for developing needed HAPs data via ECAs, including developing pharmacokinetics studies that would permit
extrapolation from oral data to predict risk from inhalation exposure. In response to EPA's request for proposals for ECAs, the
Hydrogen Fluoride (HF) Panel submitted a proposal for alternative testing involving PK studies for HF on November 27,1996.
EPA responded to this proposal by letter on June 26,1997, indicating that this approach could offer sufficient merit to proceed
with EGA negotiations. Under this action, EPA will continue negotiations to develop an EGA for health effects testing sufficient
to meet the data needs specified in the proposed HAPs section 4 test rule, as amended.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Other
Date
06/00/2008
FR Cite
Additional Information: SAN No. 3493.5;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Agency Contact: Richard Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8167
E-Mail: leukroth.rich@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
315
RIN: 2070-AJ11
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title: Testing Agreement for Phthalic Anhydride
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 rule-making and allow EPA to
consider agreed-upon pollution prevention and other types of product stewardship initiatives by the chemical industry as a
possible substitute for or adjunct to certain types of needed testing. EPA proposed health effects testing under TSCA section 4
(a) for a number of hazardous air pollutants ("HAPs"), including phthalic anhydride (61 FR 33178, June 26,1996 (FRL-4869-1),
as amended by 62 FR 67466, December 24,1997 (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the
submission of proposals for developing needed HAPs data via 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 ECA 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Other
Date
06/00/2008
FR Cite
Additional Information: SAN No. 3493 7;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8469
FAX: 202 564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Agency Contact: Richard Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8167
E-Mail: leukroth.rich@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
316
RIN: 2070-AJ13
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
Title: Testing Agreement for Maleic Anhydride
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 rule-making and allow EPA to
consider agreed-upon pollution prevention and other types of product stewardship initiatives by the chemical industry as a
possible substitute for or adjunct to certain types of needed testing. EPA proposed health effects testing under TSCA section 4
(a) for a number of hazardous air pollutants ("HAPs"), including 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.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Other
Date
06/00/2008
FR Cite
Additional Information: SAN No 3493.6;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Agency Contact: Richard Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8167
E-Mail: leukroth.rich@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
317
RIN: 2070-AJ28
-------
Regulations.gov Monday, December 10, 2007 Unified Agenda
Title: Pesticides; Expansion of Crop Grouping Program
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40CFR 180 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 21 USC 346a
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
05/23/2007
12/00/2007
FR Cite
72 FR 28920
Additional Information: SAN No. 5031; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
PEST/2007/May/Day-23/p9595.htm;; EPA Docket information: EPA-HQ-OPP-2006-0766
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Rame Cromwell Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703308-9068
FAX: 703 305-5884
E-Mail: cromwell.rame@epa.gov
Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ31
Title: Significant New Use Rule for Chloranil
318
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Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: Chloranil is used as a basic feedstock for certain dyes and pigments and in the production of rubber tires.
Chloranil was one of the chemicals identified for testing in the Dioxin/Furan (D/F) test rule. Early testing results revealed that
dioxin levels in Chloranil could vary by more than two orders of magnitude depending on the chemical manufacturing process
involved. It appeared that the "low dioxin" manufacturing process could produce Chloranil with dioxin contamination levels
below 20 ppb TEQ. Based on this information, EPA entered into a formal agreement with Chloranil importers (there was no
domestic production of "high dioxin" Chloranil) to only import Chloranil made through the "low dioxin" process. As a follow up to
this agreement, a Chloranil Significant New Use Rule (SNUR) was proposed in 1993. Under the provisions of the draft SNUR
any Chloranil imported or domestically produced with dioxin contamination levels greater than 20 ppb TEQ would be
considered a new use and require reporting under section 5(a)(1)(A) of the Toxic Substances Control Act. In the SNUR
proposal EPA stated that it would not promulgate a final rule until it had all of the D/F test rule data. EPA accepted the final test
rule data in June of 2001. The test rule requirements continue to apply to any new manufacturer or importer of Chloranil. No
new importer or manufacturer has identified themselves, although EPA has received inquiries from time to time about the
applicability of the test rule to new imports. OPPT therefore believes that all importation of Chloranil is still covered under the
formal agreements and that there is no current import or domestic manufacture of high dioxin Chloranil. Because a significant
time has passed since proposal OPPT is considering the options of reproposing the rule, and proceeding directly to developing
a final rule.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 704; 40 CFR 707; 40 CFR 710; 40 CFR 721 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2607 TSCA 8
Legal Deadline: None
Timetable:
Action
NPRM
Other
Final Action
Date
05/12/1993
01/30/2007
01/00/2008
FR Cite
58 FR 28000
72 FR 4224
Additional Information: SAN No. 1923.1; EPA publication information: Reopening of Comment Period - http://www.epa.
gov/fedrgstr/EPA-TOX/2007/January/Day-30/t1413.htm; Split from RIN 2070-AA58.
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Dwain Winters Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-1977
FAX: 202 566-0470
E-Mail: winters.dwain@.epa.gov
Agency Contact: Brian Symmes Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-1983
FAX: 202566-0470
E-Mail: symmes.brian@epa.gov
319
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AA58
Title: Follow-Up Rules on Existing Chemicals
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.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 704; 40 CFR 707; 40 CFR 710; 40 CFR 721 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2607 TSCA 8
Legal Deadline: None
Timetable:
Action
Other
Other
Other
Other
Date
09/27/1989
01/15/2002
12/00/2008
12/00/2008
FR Cite
54 FR 39548
67 FR 1937"
Additional Information: SAN No 1923;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State
Small Entities Affected: Business; Governmental ,_ . .. ..
, . ,. „ Federalism: No
Jurisdictions
Energy Affected: No
Sectors Affected: 325; 32411
Agency Contact: Diane Sheridan Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8176
FAX: 202564-4775
E-Mail: Sheridan.Diane@epamail.epa.gov
Agency Contact: Amy Breedlove Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9823
FAX: 202564-4775
E-Mail: breedlove.amy@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC27
Title: Voluntary Children's Chemical Evaluation Program (VCCEP)
320
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: This is a voluntary program to evaluate commercial chemicals to which children may have a high likelihood of
exposure. Designed with extensive stakeholder participation, the purpose of this voluntary program is to obtain toxicity and
exposure data needed to assess the risk of childhood exposure to commercial chemicals. EPA launched a pilot of this program
on December 26,2000. Manufacturers of 20 of the 23 pilot chemicals have volunteered to sponsor their chemicals in tier 1 in
the pilot. A workshop was held in December 2001 to provide sponsors with additional guidance on the scope and content of the
exposure assessments they will prepare. A peer consultation process is being used to evaluate the scientific merits of the
hazard, exposure, and risk assessments submitted by sponsors. Assessments for 15 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/index.htm. 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2601 et seq (TSCA)
Legal Deadline: None
Timetable:
Action
Notice
Other
Other
Other
Other
Date
00/00/0000
08/26/1999
03/29/2000
12/26/2000
11/20/2006
FR Cite
64 FR 46673
65 FR 16590
65 FR 81700
71 FR 67121
Additional Information: SAN No. 4876;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/chemrtk/vccep
Sectors Affected: 325; 32411
Agency Contact: Ward Penberthy Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8171
FAX: 202564-4765
E-Mail: penberthy.ward@.epa.gov
Agency Contact: Catherine Roman Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8172
FAX: 202564-4765
E-Mail: Roman.Catherine@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC51
Title: Asbestos Model Accreditation Plan Revisions
321
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 763 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2646 TSCA 206
Legal Deadline:
Action
Other
Source
Statutory
Date
11/28/1992
Timetable:
Action
Other
Interim Final Rule
Final Action
Date
05/13/1992
02/03/1994
05/00/2009
FR Cite
57 FR 20438
59 FR 5236
Additional Information: SAN No. 3148;
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal; Local; State;
Tribal
Small Entities Affected: Business; Governmental
Jurisdictions
Energy Affected: No
RIN Information URL: http://www.epa.gov/asbestos/
Sectors Affected: 611519
Agency Contact: Robert Courtnage Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-1081
FAX: 202 566-0473
E-Mail: Courtnage.Robert@epamail.epa.gov
Agency Contact: Shiela Canavan Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-1980
E-Mail: canavan.shiela@epa.gov
Federalism: Undetermined
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC64
322
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Regulations.gov Monday, December 10, 2007 Unified Agenda
Title: Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State
Plan Rule
Abstract: The Residential Lead-Based Paint Hazard Reduction Act of 1992 mandates EPA promulgate regulations
governing lead-based paint (LBP) activities to ensure that individuals engaged in such activities are properly trained, that LBP
training programs are accredited, and that contractors engaged in such activities are certified. In addition, EPA must
promulgate a Model State program which may be adopted by any State which seeks to administer and enforce a State
Program. EPA promulgated regulations for LBP activities in target housing and child occupied facilities as well as training and
certification of training programs for LBP activities in 1996 (see 40 CFR 745). Regulations for LBP activities in public and
commercial buildings and bridges and other structures are still under development.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2682; 15 USC 2684; PL 102-550 sec 402; PL 102-550 sec 404
Legal Deadline:
Action
Other
Source
Statutory
Date
04/28/1994
Timetable:
Action
NPRM
Date
05/00/2010
FR Cite
Additional Information: SAN No. 4376;
Regulatory Flexibility Analysis Government Levels Affected: Federal; Local; State;
Required: Undetermined Tribal
Small Entities Affected: Business; Governmental ._ . .. ..
,....„.,. Federalism: No
Jurisdictions; Organizations
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/lead/
Sectors Affected: 23411; 611519
Agency Contact: Cindy Wheeler Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-0484
FAX: 202566-0471
E-Mail: wheeler.cindy@epa.gov
Agency Contact: Julie Simpson Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-1980
FAX: 202 566-0471
E-Mail: simpson.julie@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC76
Title: Test Rule; Hazardous Air Pollutants (HAPs)
323
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
Abstract: EPA is proposing health effects testing under TSCA section 4 in support of programs and activities required under
section 112 of the Clean Air Act (CAA), governing Hazardous Air Pollutants (HAPs). Section 112 of the CAA directs EPA to
determine the risk to health and the environment remaining after application of technology-based emissions standards to major
and area sources. Section 112 also sets forth a mechanism for revising and modifying the statutory list of 189 HAPs under
section 112(b), and requirements for an accidental release control program. These data will also be important for the right-to-
know program given the large release of these chemicals to the atmosphere. In order to implement these and other programs
and requirements under section 112, EPA must identify the health and environment effects of potential concern from exposure
to HAPs, ascertain the minimum data needed to adequately characterize those health and environmental effects, and assess
the risks posed by HAPs. In addition, under section 103(d), EPA is required to conduct a research program on the short- and
long-term effects of air pollutants on human health, ascertain the minimum data needed to adequately characterize those health
and environmental effects, and assess the risks posed by HAPs.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
NPRM
Supplemental NPRM
Other
Other
Date
06/26/1996
12/24/1997
04/21/1998
12/00/2009
FR Cite
61 FR 33178
62 FR 67466
63 FR 19694
Additional Information: SAN No. 3487;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Rich Leukroth Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8167
FAX: 202564-4765
E-Mail: leukroth.rich@epa.gov
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD10
Title: Test Rule; Certain Metals
324
-------
Regulations.gov Monday, December 10, 2007 Unified Agenda
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(l) and the Clean Air Act (CAA) section 112. Under CERCLA, ATSDR is to establish a list of priority
hazardous substances found at superfund sites, develop toxicological profiles for the hazardous substances, identify priority
data needs, and establish a research program obtaining the necessary data. This action is a component of ATSDR's research
program. Data from this action would provide specific information about the substances for the public and scientific
communities. Data from this action would also be used to implement several provisions of section 112 of the CAA, including
determining risks remaining after the application of technology based on standards under section 112(d) of the CAA, estimating
the risks associated with accidental releases, and determining whether or not substances should be removed from the CAA
section (b)(1) list of HAPs (delisting).
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
Legal Deadline: None
Timetable:
I
| NPRM
Action
Date
00/00/0000
FR Cite
Additional Information: SAN No. 3882;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Robert Jones Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8161
FAX: 202564-4765
E-Mail: Jones.Robert@epamail.epa.gov
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8469
FAX: 202 564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD14
Title: Pesticides; Registration Requirements for Antimicrobial Pesticide Products
325
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40CFR 152 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136(a)(h); 7 USC 136(w)
Legal Deadline:
Action
Other
Source
Statutory
Date
09/15/2000
Timetable:
Action
Other
NPRM
Notice
Other
Date
00/00/0000
09/17/1999
11/16/1999
12/14/2001
FR Cite
64 FR 50671
64 FR 62145
66 FR 64759
Additional Information: SAN No. 3892; EPA publication information: Final Action 1 - http://frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=2001_register&docid=fr14de01 -9.pdf;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Business Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oppad001/regpolicy.
htm
Sectors Affected: 32519; 32551; 32532; 32561
Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Agency Contact: Cleo Pizana Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7510P
Washington, DC 20460
Phone: 703308-6431
E-Mail: Pizana.Cleo@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD28
Title: Testing Agreement for Certain Oxygenated Fuel Additives
326
-------
Regulations.gov
Monday, December 10, 2007
Unified Agenda
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
Legal Deadline: None
Timetable:
Action
Other
Other
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 4174; EPA publication information: Notice Soliciting Participation-Solicit Interested
Parties;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: Undetermined
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD44
Title: Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799; 40 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
Legal Deadline: None
327
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Timetable:
Action
Other
Other
Date
00/00/0000
03/04/1991
FR Cite
56 FR 9092
Additional Information: SAN No. 4395;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Government Levels Affected: Federal
Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Sectors Affected: 325; 32411
Agency Contact: Catherine Roman Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8172
FAX: 202564-4765
E-Mail: Roman.Catherine@epamail.epa.gov
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202 564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD49
Title: Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes
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).
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 21 USC 346(a) et seq; 7 USC 136 et seq
Legal Deadline: None
Timetable:
328
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Action
Final Action
NPRM
Other
Other
Other
Other
Other
Date
00/00/0000
11/23/1994
07/22/1996
05/16/1997
04/23/1999
07/19/2001
04/18/2007
FR Cite
59 FR 60496
61 FR 37891
62 FR 27132
64 FR 19958
66 FR 37855
72 FR 19589
Government Levels Affected: Federal
Federalism: No
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.
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
biopesticides/pips/index.htm
Sectors Affected: 111; 32532; 54171
Agency Contact: Tom McClintock Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington , DC 20460
Phone: 202 564-8488
FAX: 202564-8502
E-Mail: Mcclintock.Tom@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD53
Title: TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 720 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604
Legal Deadline: None
Timetable:
Action
NPRM
Date
00/00/0000
FR Cite
329
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Unified Agenda
Additional Information: SAN No. 4598;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business; Organizations
Energy Affected: No
Agency Contact: Flora Chow Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington , DC 20460
Phone: 202 564-8983
FAX: 202564-9062
E-Mail: Chow.Flora@epamail.epa.gov
Agency Contact: Rebecca Cool Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-9138
FAX: 202564-9490
E-Mail: Cool.Rebecca@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD55
Title: Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering From Sexually
Compatible Plants
Abstract: The Agency has determined that the record for this action, which was originally proposed in 1994, does not
address the scientific information developed since the original proposal. Consequently, the record would not provide adequate,
up-to-date support for the proposed rule. In 1994, EPA believed that the proposed 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. If EPA were to
pursue such an exemption in the future, the Agency would issue a new proposed rule. As such, EPA is considering withdrawing
the 1994 proposal. Withdrawing the 1994 proposal does not preclude EPA's pursuing the same approach in the future. If
withdrawn, the Agency would create a new entry in the regulatory agenda once the Agency decided to pursue such a
rulemaking in the future.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq
Legal Deadline: None
Timetable:
Action
Other
NPRM
Other
Other
Other
Other
Other
Date
00/00/0000
11/23/1994
07/22/1996
05/16/1997
04/23/1999
07/19/2001
08/20/2001
FR Cite
59 FR 60496
61 FR 37891
62 FR 271 32
64 FR 19958
66 FR 37855
66 FR 43552
330
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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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
biopesticides/pips/index.htm
Sectors Affected: 111; 32532; 54171
Agency Contact: Elizabeth Milewski Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington, DC 20460
Phone: 202564-8492
FAX: 202564-8501
E-Mail: Milewski.Elizabeth@epamail.epa.gov
Agency Contact: Janet Andersen Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7511P
Washington, DC 20460
Phone: 703308-8712
FAX: 703308-7026
E-Mail: Andersen.Janet@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD56
Title: Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
Abstract: The Agency has determined that the record for this action, which was originally proposed in 1994, does not
address the scientific information developed since the original proposal. Consequently, the record would not provide adequate,
up-to-date support for the proposed rule. In 1994, EPA believed that the proposed exemption for PIPs that act by primarily
affecting the 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. If EPA were to pursue such an exemption in the future, the Agency
would issue a new proposed rule. As such, EPA is considering withdrawing the 1994 proposal. Withdrawing the 1994 proposal
does not preclude EPA's pursuing the same approach in the future. If withdrawn, the Agency would create a new entry in the
regulatory agenda once the Agency decided to pursue such a rulemaking in the future.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq
Legal Deadline: None
Timetable:
331
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Unified Agenda
Action
Other
Other
Supplemental NPRM
Other
Other
Other
Date
00/00/0000
11/23/1994
07/22/1996
05/16/1997
04/23/1999
07/19/2001
FR Cite
59 FR 60496
61 FR 37891
62 FR 271 32
64 FR 19958
66 FR 37855
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.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
biopesticides/pips/index.htm
Sectors Affected: 111; 32532; 54171
Agency Contact: Elizabeth Milewski Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7202M
Washington, DC 20460
Phone: 202564-8492
FAX: 202564-8501
E-Mail: Milewski.Elizabeth@epamail.epa.gov
Agency Contact: Janet Andersen Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7511P
Washington , DC 20460
Phone: 703308-8712
FAX: 703308-7026
E-Mail: Andersen.Janet@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD64
Title: Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
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 (To search for a specific CFR, visit the Code of Federal
Regulations)
Legal Authority: 42 USC 4852d
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Legal Deadline: None
Timetable:
E Action
NPRM
Date
03/00/2009
FR Cite
Additional Information: SAN No. 4777;
Regulatory Flexibility Analysis Government Levels Affected: Federal; Local; State;
Required: Undetermined Tribal
Small Entities Affected: Business; Organizations Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/lead/
Sectors Affected: 92511; 53111; 53121; 522292; 531311
Agency Contact: John Wilkins Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202 566-0477
FAX: 202566-0471
E-Mail: wilkins.john@epa.gov
Agency Contact: Cindy Wheeler Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-0484
FAX: 202566-0471
E-Mail: wheeler.cindy@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ07
Title: Testing Agreement for Aryl Phosphates (ITC List 2)
Abstract: On January, 17,1922 (57 FR 2138), EPA published a proposed TSCA Section 4 test rule covering a number of
aryl phosphate base stocks. On March 30,1993, EPA announced initiation of negotiations with the Aryl Phosphates Panel of
the Chemical Manufacturers Association (now the American Chemistry Council or ACC) to develop a TSCA section 4
Enforceable Consent Agreement (EGA) for aryl phosphate base stocks as an alternative approach to testing under the
proposed rule (58 FR 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 ECA, to announce EPA's High Production Volume (HPV) 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 US HPV chemicals. Because some overlap of testing requirements in the HPV Challenge and
this ECA initiative were identified, the industry committed to develop the screening level data for the HPV Challenge Program
before continuing with further development of the ECA. In this way, results from the HPV Challenge program would feed back
into consideration of needs for the ECA 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 ECA.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
333
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Unified Agenda
Timetable:
Action
Other
ANPRM
NPRM
Date
00/00/0000
12/29/1983
01/17/1992
FR Cite
48 FR 57452
57 FR 21 38
Additional Information: SAN No. 3493.2;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: 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
E-Mail: Schweer.Greg@epamail.epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ08
Title: Test Rule; Brominated Flame Retardants (BFRs)
Abstract: On June 25,1991 (56 FR 29140), EPA issued a proposed TSCA section 4 Test Rule for health and
environmental effects and chemical fate testing of 5 brominated flame retardants. Since issuing that proposed rule, all of the
subject chemical substances have been sponsored under the international OECD HPV Screening Information Data Set (SIDS)
Program, EPA's voluntary US HPV 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2603 TSCA 4
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
06/25/1991
FR Cite
56 FR 29140
Additional Information: SAN No. 3493.3;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/oppt/chemtest
Government Levels Affected: Federal
Federalism: No
334
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Unified Agenda
Agency Contact: Greg Schweer Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8469
FAX: 202564-4765
E-Mail: Schweer.Greg@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ23
Title: Pesticides; Tolerance Processing Fees
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.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 180; 40 CFR 178 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 21 USC 346(a)
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Supplemental NPRM
Other
Date
00/00/0000
06/09/1999
07/24/2000
08/31/2000
FR Cite
64 FR 31 039
65 FR 45569
65 FR 52979
Additional Information: SAN No. 4027; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
PEST/1999/June/Day-09/p14477.htm;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
regulating/fees/index.htm
Sectors Affected: 32532
Agency Contact: Lindsay Moose Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7501P
Washington, DC 20460
Phone: 703305-7108
FAX: 703 305-6244
E-Mail: moose.lindsay@epa.gov
Government Levels Affected: Federal
Federalism: No
335
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Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ26
Title: Pesticides; Determination of Status of Prions as Pests
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 intends to issue a Notice of Proposed Rulemaking
that will propose to incorporate prions into the definition of "pests" at 40 CFR 152.5.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 152 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136; 7 USC 136w
Legal Deadline: None
Timetable:
Action
NPRM
Date
02/00/2009
FR Cite
Additional Information: SAN No. 4985;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Carlton Kempter Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
751 OP
Washington, DC 20460
Phone: 703305-5448
FAX: 703305-6467
E-Mail: kempter.carlton@epa.gov
Government Levels Affected: Federal; State
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ29
Title: Pesticide Agricultural Container Recycling Program
Abstract: EPA is currently considering the future course for developing rulemaking in the area of pesticide container
recycling. This effort is in response to the pesticide industry's request for EPA to develop a rulemaking that would continue the
operation of an existing but endangered nationwide infrastructure for voluntary recycling of plastic pesticide containers. EPA
was asked to consider requiring 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). FIFRA sections 19(e) and (f) mandate container design requirements and
procedures and standards for the safe removal of pesticides from containers before disposal. This rule would facilitate safe
recycling as a part of safe disposal or reuse.
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 7 USC 136 to 136y
Legal Deadline: None
Timetable:
Action
Other
Date
00/00/0000
FR Cite
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Unified Agenda
Additional Information: SAN No. 5050;
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Business
Energy Affected: No
Agency Contact: Jeanne Kasai Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703308-3240
FAX: 703308-2962
E-Mail: kasai.jeanne@epa.gov
Agency Contact: Nancy Fitz Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703308-7385
FAX: 703308-2962
E-Mail: fitz.nancy@epa.gov
Government Levels Affected: Undetermined
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AB20
Title: Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption
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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2605 TSCA 6(e)(3)(B)
Legal Deadline: None
Timetable:
Action
Other
Other
Date
04/30/2007
09/18/2007
FR Cite
72 FR 21 190
72 FR 531 52
Additional Information: SAN No. 2150; EPA publication information: NPRM: New DOD Petition - http://www.epa.gov/
fedrgstr/EPA-TOX/2007/April/Day-30/t8182.htm;; EPA Docket information: EPAHQ-OPPT-2005-0042; FRL-8143-4
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/pcb
Sectors Affected: 2211; 31-33; 5133
337
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Unified Agenda
Agency Contact: Tom Simons Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-0517
FAX: 202566-0473
E-Mail: simons.tom@epamail.epa.gov
Agency Contact: Peter Gimlin Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0515
FAX: 202566-0473
E-Mail: Gimlin.Peter@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AC12
Title: Pesticides; Data Requirements for Conventional Chemicals
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.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 158 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 7 USC 136 to 136y
Legal Deadline: None
Timetable:
Action
NPRM
Other
Other
Final Action
Date
03/11/2005
04/01/2005
06/08/2005
10/26/2007
FR Cite
70 FR 12277
70 FR 16785
70 FR 33414
72 FR 60933
Government Levels Affected: Federal
Federalism: No
Additional Information: SAN No. 2687; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
PEST/2005/March/Day-11/p4466.htm; EPA Docket information: EPA-HQ-OPP-2004-0387; Individual Document id in the EPA
docket: http://www.epa.gov/edocket
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Business
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
regulating/data.htm
Sectors Affected: 32532
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Agency Contact: Vera Au Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703308-9069
FAX: 703305-5884
E-Mail: Au.Vera@epa.gov
Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AD51
Title: Pesticides; Data Requirements for Biochemical and Microbial Products
Abstract: EPA will issue a final rule that updates the data requirements necessary to register a biochemical or microbial
pesticide product. The revisions will codify data requirements to reflect current regulatory and scientific standards. The data
requirements will cover all scientific disciplines for biochemical and microbial pesticides, including product chemistry and
residue chemistry, toxicology, and environmental fate and effects. The revision will not include plant incorporated protectants.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40CFR158 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 7 USC 136 to 136y
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/08/2006
10/26/2007
FR Cite
71 FR 12071
72 FR 60988
Additional Information: SAN No. 4596; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
PEST/2006/March/Day-08/p21 85.htm; EPA Docket information: EPA-HQ-OPP-2004-0415
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
RIN Information URL: www.epa.gov/pesticides/
regulating/data. htm
Sectors Affected: 32532
Agency Contact: Candace Brassard Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington , DC 20460
Phone: 703305-6598
FAX: 703305-5884
E-Mail: Brassard.Candace@epa.gov
Government Levels Affected: Federal; State
Federalism: No
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Agency Contact: Jean Frane Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506P
Washington, DC 20460
Phone: 703305-5944
FAX: 703305-5884
E-Mail: Frane.Jean@epa.gov
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ05
Title: Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration (MARAD)
Abstract: The U.S. Maritime Administration (MARAD) is responsible for disposing of surplus Navy non-combatant ships;
many of these ships contain polychlorinated biphenyls (PCBs) in electrical equipment, and are contaminated with > 50 ppm
PCBs in paint, gaskets and cable that cannot be easily removed. In 2003, MARAD exported 4 surplus ships to a shipyard in the
United Kingdom, Able UK, for scrapping; however, the planned export of an additional 9 ships had been prevented by a
temporary restraining order issued by the U.S. District Court for 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). A
complete petition was never filed. In May 2007, MARAD announced it had renegotiated its contract with Able UK and dropped
plans to export further vessels to the UK. As such, this rulemaking entry is no longer needed.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2605 TSCA 6(e)(3)(B)
Legal Deadline: None
Timetable:
Action
Withdrawn
Date
10/12/2007
FR Cite
Additional Information: SAN No. 2150.1; Split from RIN 2070-AB20.; EPA Docket information: EPA-HQ-OPPT-2004-
0107
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: www.epa.gov/pcb/
Agency Contact: Peter Gimlin Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0515
FAX: 202 566-0473
E-Mail: Gimlin.Peter@epamail.epa.gov
Agency Contact: Lynn Vendinello Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-0514
FAX: 202566-0473
E-Mail: vendinello.lynn@epamail.epa.gov
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Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ18
Title: Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
Abstract: Section 5(a)(2) of the Toxic Substances Control Act (TSCA) authorizes EPA to determine that a use of a chemical
substance is a "significant new use." EPA must make this determination by rule after considering all relevant factors, including
those listed in TSCA section 5(a)(2). A significant new use rule (SNUR) requires manufacturers, including importers, to notify
EPA at least 90 days before commencing the manufacture or import of the named chemical substance for the significant new
uses described in the SNUR. For this action, EPA is amending the existing SNUR for certain perfluoroalkyl sulfonates (PFAS)
substances at 40 CFR 721.9582 to add a new Table 3 containing all PFAS chemicals currently on the TSCA Inventory but not
already subject to the PFAS SNUR. EPA is also applying the existing 4 exclusions to these new chemicals and is adding two
new exclusions: 1) Use of 10 chemicals as a component of an etchant, including a surfactant or fume suppressant, used in the
plating process to produce electronic devices; and 2) manufacture or import of tetraethylammonium perfluorooctane sulfonate
(CAS No. 56773-42-3) for use as a fume/mist suppressant in metal finishing and plating baths. 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 721.9582 (Amended) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604; 15 USC 2607; 15 USC 2625
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
03/10/2006
10/09/2007
FR Cite
71 FR 12311
72 FR 57222
Additional Information: SAN No. 4974; EPA publication information: NPRM - http://www.epa.gov/EPA-TOX/2006/March/
Day-10/t3444.htm; EPA Docket information: EPA-HQ-OPPT-2005-0015
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
RIN Information URL: 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: 202564-9823
FAX: 202564-4775
E-Mail: breedlove.amy@epa.gov
Agency Contact: Jim Alwood Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7405M
Washington, DC 20460
Phone: 202564-8974
FAX: 202564-4775
E-Mail: alwood.jim@epa.gov
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Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ19
Title: Significant New Use Rule (SNUR); Elemental Mercury in Certain Motor Vehicle Switches
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.
Priority: Routine and Frequent Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15 USC 2604
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/11/2006
10/05/2007
FR Cite
71 FR 39035
72 FR 52903
Additional Information: SAN No. 4983;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Sectors Affected: 335931; 3363
Agency Contact: Thomas Groeneveld Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202566-8811
FAX: 202566-0469
E-Mail: groeneveld.thomas@epa.gov
Agency Contact: Nancy Wilson Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-0492
E-Mail: wilson.nancy@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances ( OPPTS )
RIN: 2070-AJ35
Title: Polychlorinated Biphenyls (PCBs); Transfer of Cleanup and Disposal Program From OPPTS to OSWER
342
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Abstract: In an effort to improve program and administrative efficiencies, EPA is transferring management of the PCB
cleanup and disposal program to the Office of Solid Waste and Emergency Response (OSWER), with an expected effective
date of October 1, 2007. EPA's Office of Prevention, Pesticides and Toxic Substances (OPPTS) currently manages the PCB
program under the requirements of the Toxic Substances Control Act and its regulations. OPPTS will continue to oversee PCB
issues relating to use and manufacturing. OSWER is the office within EPA that manages most cleanup and disposal activities.
Moving the PCB cleanup and disposal activities to OSWER is a natural fit, since it will group together similar activities in one
office. OSWER provides policy guidance and direction for safely managing waste; preparing for and preventing chemical and oil
spills, responding to accidents and emergencies; and cleaning up and reusing contaminated property. The management of
PCB cleanup and disposal under TSCA will continue to be a federally implemented program and will not be delegated to the
States. The transfer will also enable the Agency to more efficiently use its resources, while safeguarding human health and the
environment.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 15USC2605(e)
Legal Deadline: None
Timetable:
Action
Final Action
Date
10/09/2007
FR Cite
72 FR 57235
Additional Information: SAN No. 5178
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
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
E-Mail: Mcgurk.Sara@epamail.epa.gov
Agency Contact: Thomas Groeneveld Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington , DC 20460
Phone: 202566-8811
FAX: 202566-0469
E-Mail: groeneveld.thomas@epa.gov
Government Levels Affected: Federal
Federalism: No
Environmental Protection Agency (EPA)
Office of Research and Development ( RD )
RIN: 2080-AA12
Title: A Revision to the Budget Period Limitation for Research Grants and Cooperative Agreements
Abstract: The proposed change to the existing regulation applies to the Environmental Protection Agency's (EPA) authority
to award grants and cooperative agreements for research projects. Currently there are limits to the budget period for research
grants and cooperative agreements to no more that 2 years. This change will remove the restriction on the budgetary
timeframe. The change would allow for project periods of up to 5 years. The change will not adversely affect any current or
future grants or cooperative agreements for research projects. Additionally, the proposed action does not constitute a significant
policy change for EPA assistance awards, nor does it address any major cross-Agency or cross-media policy implications or
precedents.
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Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 40.125-1 (a) (Revision) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
Direct final Rule
Date
11/00/2007
FR Cite
Additional Information: SAN No 5067;
Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: John Nanartowicz Environmental Protection Agency
Office of Research and Development
8102R
Washington, DC 20460
Phone: 202564-4756
FAX: 202565-2904
E-Mail: Nanartowicz.John@epamail.epa.gov
Agency Contact: Mark Thomas Environmental Protection Agency
Office of Research and Development
8102R
Washington, DC 20460
Phone: 202564-4763
FAX: 202565-2904
E-Mail: Thomas.Mark@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of the Administrator ( AdmO ) RIN: 2090-AA37
Title: Age Discrimination Regulations~EPA-Assisted Programs-Age Discrimination Act of 1975
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.
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 7.10 to 7.180 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6101 et seq
Legal Deadline: None
Timetable:
344
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Action
NPRM
Date
12/00/2007
FR Cite
Additional Information: SAN No. 5121;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Thomas Walker Environmental Protection Agency
Office of the Administrator
1201A
Washington, DC 20460
Phone: 202 343-9680
FAX: 202233-0630
E-Mail: walker.tom@epa.gov
Agency Contact: Yasmin Yorker Environmental Protection Agency
Office of the Administrator
1201A
Washington, DC 20460
Phone: 202343-9682
FAX: 202233-0630
E-Mail: yorker.yasmin@epa.gov
Government Levels Affected: No
Federalism: No
Environmental Protection Agency (EPA)
Office of the Administrator ( AdmO )
RIN: 2090-AA38
Title: Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Abstract: The regulation will codify revisions to the Agency's program for the utilization of Small, Minority, and Women's
Business Enterprises in procurements under assistance agreements (i.e., grants and cooperative agreements awarded by EPA
as well as grants and cooperative agreements awarded by other agencies under interagency agreements with EPA). The
revisions are necessary to ensure consistency with the Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 115 S.
Ct. 2097 (1995), and were identified as part of the Clinton Administration's review of affirmative action programs. They include:
(1) Placing greater emphasis on requiring assistance agreement recipients to submit documentation supporting proposed fair
share procurement objectives for Minority Business Enterprises (MBEs) and Women's Business Enterprises (WBEs) based on
the availability of qualified MBEs and WBEs in the relevant geographic market; (2) authorizing or requiring recipients and their
prime contractors to take reasonable race/gender-conscious measures (e.g., bidding credits) in the event that race/gender-
neutral efforts prove inadequate to meet fair share objectives; and (3) administering statutory MBE/WBE objectives as a
national goal, allowing smaller or larger fair share objectives for particular grants or cooperative agreements based on the
availability standard.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 33 (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: PL 101-507; PL 102-389; PL 101-549; 42 USC 9605(f); PL 100-590; EO 12432; EO 12138; EO 11625
Legal Deadline: None
Timetable:
Action
NPRM
Final Action
Date
07/24/2003
11/00/2007
FR Cite
68 FR 43824
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Additional Information: SAN No. 4056; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-
GENERAL/2003/July/Day-24/g18002.pdf; Previously listed as RIN 2090-AA39.
„ , . ._, ...... . , . „ . . K, Government Levels Affected: Federal; Local; State;
Regulatory Flexibility Analysis Required: No
I flDSl
Small Entities Affected: Business; Governmental _ . .. .,
...... „ . .. Federalism: No
Jurisdictions; Organizations
Energy Affected: No
Related RINs: Previously Reported as 2020-M39
Agency Contact: Kimberly Patrick Environmental Protection Agency
Office of the Administrator
1230N
Washington, DC 20460
Phone: 202566-2605
FAX: 202566-0548
E-Mail: Patrick.Kimberly@epamail.epa.gov
Agency Contact: Jeanette Brown Environmental Protection Agency
Office of the Administrator
1230A
Washington , DC 20460
Phone: 202 566-2075
FAX: 202566-0548
E-Mail: Brown.Jeanettel@epamail.epa.gov
Environmental Protection Agency (EPA)
Office of the Administrator ( AdmO ) RIN: 2090-AA34
Title: RCRA Incentives for Performance Track Members
Abstract: The National Environmental Performance Track program was designed and endorsed across the Agency with
support and collaboration among EPA, States, and environmental nongovernmental organizations. Launched in 2000 and
supported by each succeeding Administrator, Performance Track recognizes and drives environmental excellence by
encouraging facilities with strong environmental records 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 497 Performance Track members include major corporations, small businesses, and public
facilities from 49 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.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No
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CFR Citation: 40 CFR 262; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 279 (To search for a specific CFR, visit the
Code of Federal Regulations)
Legal Authority: Not Yet Determined
Legal Deadline: None
Timetable:
Action
Final Action
NPRM
Date
00/00/0000
00/00/0000
FR Cite
Additional Information: SAN No. 4828;
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Robert Sachs Environmental Protection Agency
Office of the Administrator
1807T
Washington, DC 20460
Phone: 202566-2884
TDD Phone: 202 566-2884
FAX: 202566-0966
E-Mail: Sachs.Robert@epamail.epa.gov
Agency Contact: Andy Teplitzky Environmental Protection Agency
Office of the Administrator
1807T
Washington, DC 20460
Phone: 202 566-2947
TDD Phone: 202 566-2872
FAX: 202566-0966
E-Mail: teplitzky.andy@epa.gov
Environmental Protection Agency (EPA)
Office of the Administrator ( AdmO ) RIN: 2090-AA27
Title: Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases I--II)
Abstract: The U.S. Environmental Protection Agency (EPA) has entered into an XL (excellence and Leadership) Final
Project Agreement (FPA) with the National Aeronautics and Space Administration (NASA) White Sands Test Facility (WSTF) in
Las Cruces, NM to implement a project that would modify reporting requirements under the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking Water Act (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-VI of the project covering additional reporting requirements under the CWA and CAA.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: Safe Drinking Water Act; 42 USC 300f to 300J-26; Solid Waste Disposal Act; 42 USC 6901 to 6992k
347
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Unified Agenda
Legal Deadline: None
Timetable:
Action
NPRM
Withdrawn
Date
10/31/2001
08/07/2007
FR Cite
66 FR 55050
Additional Information: SAN No. 4536;
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Energy Affected: No
Agency Contact: Kristina Heinemann Environmental Protection Agency
Office of the Administrator
1807T
Washington, DC 20460
Phone: 202566-2183
FAX: 202 566-2220
E-Mail: Heinemann.Kristina@epamail.epa.gov
Agency Contact: Gerald Filbin Environmental Protection Agency
Office of the Administrator
1807T
Washington , DC 20460
Phone: 202566-2182
FAX: 202 566-2220
E-Mail: Filbin.Gerald@epamail.epa.gov
Government Levels Affected: Federal; State
Federalism: No
Environmental Protection Agency (EPA)
Office of the Administrator ( AdmO }
RIN: 2090-AA29
Title: Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell Junction, New York
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.
Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No
CFR Citation: 40 CFR 261.4(a) (To search for a specific CFR, visit the Code of Federal Regulations)
Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6924(y); 42 USC 6938
Legal Deadline: None
Timetable:
Action
NPRM
Supplemental NPRM
Withdrawn
Date
06/06/2001
04/14/2003
08/07/2007
FR Cite
66 FR 30349
68 FR 18042
Additional Information: SAN No. 4565; EPA publication information: NPRM - http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=2001_register&docid=fr06jn01-30.pdf; Project Sponsor has notified Agency of desire to withdraw project
and therefore the Agency will withdraw the proposal.
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Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State
Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Sandra Panetta Environmental Protection Agency
Office of the Administrator
1807
Washington, DC 20460
Phone: 202566-2184
FAX: 202 566-2200
E-Mail: Panetta.Sandra@epamail.epa.gov
Agency Contact: Andrew Baca Environmental Protection Agency
Office of the Administrator
5301W
Washington, DC 20460
Phone: 703308-6787
FAX: 703308-0513
E-Mail: Baca.Andrew@epamail.epa.gov
349
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REGULATORY FLEXIBILITY AGENDA: INDEXES A and B
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. EPA has no Section 610 reviews underway at this time.
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 Regulatory Identifier Number
(RIN) of the entry identifies the location of the entry in this edition.
Businesses:
2040-AA94 National Primary Drinking Water
Regulations: Radon
2040-AD94 National Primary Drinking Water
Regulations: Revisions to the Total Coliform
Monitoring and Analytical Requirements and
Consideration of Distribution System Issues
2060-AM34 Control of Emissions From Nonroad
Spark-Ignition Engines and Equipment
2070-AC83 Lead-Based Paint; Amendments for
Renovation, Repair and Painting
Governmental Jurisdictions:
2040-AA94 National Primary Drinking Water
Regulations: Radon
2040-AD94 National Primary Drinking Water
Regulations: Revisions to the Total Coliform
Monitoring and Analytical Requirements and
Consideration of Distribution System Issues
2070-AC83 Lead-Based Paint; Amendments for
Renovation, Repair and Painting
Organizations:
2070-AC83 Lead-Based Paint; Amendments for
Renovation, Repair and Painting
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C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities.
Agencies meet that requirement by including the information in their submissions for the 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 Regulatory Identifier Number (RIN) of the entry identifies the location of the entry in this
edition.
Businesses
2008-AA01 Federal Implementation Plan (FIP) for the
Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
2025-AA19 TRI; Response to Petition To Delete Acetonitrile
From the Toxics Release Inventory List of Toxic Chemicals
2025-AA02 Public Information and Confidentiality
Regulations
2025-AA11 Clarify TRI Reporting Obligations Under EPCRA
Section 313 for the Metal Mining Activities of Extraction and
Beneficiation
2025-AA16 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
2025-AA17 TRI; Response to Petition To Add Diisononyl
Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
2040-AB85 Shore Protection Act, Section 4103(b)
Regulations
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AE82 Effluent Limitations Guidelines and Standards for
Chlorine and Chlorinated Hydrocarbon Manufacturing
Process
2050-AG29 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis)
2050-AE51 Modifications to RCRA Rules Associated With
Solvent-Contaminated Industrial Wipes
2050-AG35 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Response to Petitions for Reconsideration)
2050-AE87 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
2060-AO29 Protection of Stratospheric Ozone: Reserving
Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
2060-AO38 Control of Emissions From New Marine
Compression-Ignition Engines At or Above 30 Liters per
Cylinder
2060-AI62 National VOC Emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coatings; Amendments
2060-AM36 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2060-AM37 NESHAP: Area Source Standards-Plating and
Polishing
2060-AM44 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2060-AM55 Protection of Stratospheric Ozone: Modifications
to the Technician Certification Requirements Under Section
608 of the Clean Air Act
2060-AM71 NESHAP for Stainless and Nonstainless Steel
Electric Arc Furnace (EAF) Manufacturing-Area Source
2060-ANOO Implementing Periodic Monitoring in Federal and
State Operating Permit Programs
2060-AN21 NESHAP: Paint Stripping and Miscellaneous
Surface Coating Operations-Area Sources (Includes
Autobody, Paint Stripping, and Miscellaneous Coating
Plastic Parts)
2060-AO15 NESHAP: Portland Cement Notice of
Reconsideration
2060-AO16 Risk and Technology Review for Group 1:
Polymers & Resins I; Polymers & Resins II, Acetal Resins,
and Hydrogen Fluoride
2060-AO27 NESHAP-Area Source Standards-Nine Metal
Fabrication and Finishing Source Categories (12 SIC's, 25
NAICS Codes)
2060-AO42 Review of New Source Performance Standards-
Portland Cement
2060-AE94 Stage NSPS: SOCMI-Wastewater Amendment
2060-AH37 Review of New Sources and Modifications in
Indian Country
2060-AK26 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
2060-AM06 Control of Emissions from New Locomotives and
New Marine Diesel Engines Less Than 30 Liters per Cylinder
2060-AM14 NESHAP: Area Source Standards-Ethylene
Oxide Hospital Sterilization
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AN62 NESHAP: Area Source Standards-
Reciprocating Internal Combustion Engines
2060-AN71 New Source Performance Standards (NSPS):
Equipment Leaks-Subparts VV & GGG
2060-AO12 Commercial and Industrial Solid Waste
Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines
2060-AO64 National Emissions Standards for Asbestos-
Amendments
2060-AO66 Plywood and Composite Wood Products
(PCWP) NESHAP-Amendments To Address "No Emission
Reduction" MACT Floors
2070-AB94 Future Testing for Existing Chemicals (Overview
Entry)
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2070-AD61 Endocrine Disruptor Screening Program (EDSP);
Implementing the Screening and Testing Phase
2070-AJ30 Nanoscale Materials Under TSCA
2070-AD16 Test Rule; Testing of Certain High Production
Volume (HPV) Chemicals
2070-AD30 Pesticides; Data Requirements for Antimicrobials
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AJ04 TSCA Inventory Nomenclature for Enzymes and
Proteins
2070-AJ20 Pesticides; Competency Standards for
Occupational Users
2070-AJ22 Pesticides; Agricultural Worker Protection
Standard Revisions
2070-AJ32 Regulations To Facilitate Compliance With the
Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
2070-AB08 TSCA Section 8(a) Preliminary Assessment
Information Rules
2070-AB11TSCA Section 8(d) Health and Safety Data
Reporting Rules
2070-AB27 Significant New Use Rule (SNUR); Chemical-
Specific SNURs To Extend Provisions of Section 5(e) Orders
2070-AB79 Test Rule; Certain Chemicals on the ATSDR
Priority List of Hazardous Substances
2070-AC21 Lead Fishing Sinkers; Response to Citizens
Petition and Proposed Ban
2070-AC37 TSCA; Refractory Ceramic Fibers (RCFs)
2070-AD25 Voluntary High Production Volume (HPV)
Chemical Challenge Program
2070-AD58 Amendment to the Premanufacture Notification
Exemptions; Revisions of Exemptions for Polymers
2070-AJ06 Testing Agreement for Perfluorooctanoic Acid
(PFOA)
2070-AJ09 Testing Agreement for Diethanolamine
2070-AJ10 Testing Agreement for Hydrogen Fluoride
2070-AJ11 Testing Agreement for Phthalic Anhydride
2070-AJ13 Testing Agreement for Maleic Anhydride
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AC76 Test Rule; Hazardous Air Pollutants (HAPs)
2070-AD10 Test Rule; Certain Metals
2070-AD14 Pesticides; Registration Requirements for
Antimicrobial Pesticide Products
2070-AD28 Testing Agreement for Certain Oxygenated Fuel
Additives
2070-AD44 Test Rule; Multiple Substance Rule for the
Testing of Developmental and Reproductive Toxicity
2070-AD53 TSCA Policy Statement on Oversight of
Transgenic Organisms (Including Plants)
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2070-AJ07 Testing Agreement for Aryl Phosphates (ITC List
2)
2070-AJ08 Test Rule; Brominated Flame Retardants (BFRs)
2070-AJ26 Pesticides; Determination of Status of Prions as
Pests
2070-AJ29 Pesticide Agricultural Container Recycling
Program
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
2040-AB85 Shore Protection Act, Section 4103(b)
Regulations
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AD02 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer
Overflows, and Peak Excess Flow Treatment Facilities
2060-AM44 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2060-AN21 NESHAP: Paint Stripping and Miscellaneous
Surface Coating Operations-Area Sources (Includes
Autobody, Paint Stripping, and Miscellaneous Coating
Plastic Parts)
2060-AH37 Review of New Sources and Modifications in
Indian Country
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AO59 Interpretation of the National Ambient Air Quality
Standards for PM2.5-Correcting and Simplifying
Amendment
2060-AO64 National Emissions Standards for Asbestos-
Amendments
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AD25 Voluntary High Production Volume (HPV)
Chemical Challenge Program
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
Organizations
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2060-AM44 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AD53 TSCA Policy Statement on Oversight of
Transgenic Organisms (Including Plants)
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
Governmental Jurisdictions
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D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993 (58 FR
51735) and the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the effects
of Federal regulations on State, local, and tribal governments. In keeping with these efforts, agencies
include in their submissions for the Unified Agenda information on whether their regulatory actions have
an effect on various levels of government. See also Index E for entries that may have "federalism
implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR
43255).
The following index lists the regulatory actions in this publication that may have effects on State, local,
tribal, or Federal levels of government. The Regulatory Identifier Number (RIN) of the entry identifies the
location of the entry in this edition.
State
2025-AA19 TRI; Response to Petition To Delete Acetonitrile
From the Toxics Release Inventory List of Toxic Chemicals
2025-AA16 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
2025-AA17 TRI; Response to Petition To Add Diisononyl
Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
2040-AD39 Uniform National Discharge Standards for
Vessels of the Armed Forces-Phase II
2040-AE94 Supplemental Notice for CAFO Rule Regarding
Terms of the Nutrient Management Plan
2040-AD87 NPDES Permit Requirements for Peak Wet
Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection
Systems Policy
2040-AE80 Concentrated Animal Feeding Operation Rule
2040-AE86 Water Transfers Rule
2040-AE87 Implementation Guidance for Mercury Water
Quality Criteria
2040-AA94 National Primary Drinking Water Regulations:
Radon
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AC84 NPDES Applications Revisions
2040-AC93 Test Procedures: Performance-Based
Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
2040-AD02 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer
Overflows, and Peak Excess Flow Treatment Facilities
2040-AD09 Test Procedures for the Analysis of Co-Planar
and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
2040-AD40 Underground Injection Control: Update of State
Programs
2040-AD94 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System
Issues
2040-AE61 Effluent Guidelines and Standards:
Recodification of Various Effluent Guidelines
2040-AE77 New/Revised Ambient Water Quality Criteria
(AWQC) for Recreational Waters
2040-AE88 Availability of and Procedures for Removal
Credits
2050-AD75 National Priorities List for Uncontrolled
Hazardous Waste Sites
2050-AG16 Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
2050-AG29 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis)
2050-AG34 Revisions to Land Disposal Restrictions
Treatment Standards and Amendments to Recycling
Requirements for Spent Petroleum Refining Hydrotreating
and Hydrorefining Catalysts
2050-AG37 CERCLA/EPCRA Notification Requirements and
the Agricultural Sector
2050-AG39 Amendment to the Universal Waste Rule:
Addition of Pharmaceuticals
2050-AE17 Emergency Planning and Community Right-to-
Know Act: Amendments to Parts 355 and 370
2050-AE51 Modifications to RCRA Rules Associated With
Solvent-Contaminated Industrial Wipes
2050-AE78 Regulation of Oil-Bearing Hazardous Secondary
Materials From the Petroleum Refining Industry Processed in
a Gasification System to Produce Synthesis Gas
2050-AG15 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)
2050-AG24 Expanding the Comparable Fuels Exclusion
Under RCRA
2050-AG31 Definition of Solid Wastes Revisions
2050-AG35 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Response to Petitions for Reconsideration)
2050-AE23 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2050-AE81 Standards for the Management of Coal
Combustion Wastes Generated by Commercial Electric
Power Producers
2050-AE87 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
2050-AF01 RCRA Smarter Waste Reporting
2050-AG20 Hazardous Waste Manifest Revisions-
Standards and Procedures for Electronic Manifests
2050-AG22 National Contingency Plan Revisions To Align
With the National Response Plan
2050-AG40 Emergency Planning and Community Right-to-
Know Act: Amendments and Streamlining Rule
2060-AH93 General Conformity Regulations; Revisions
2060-AI62 National VOC Emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coatings; Amendments
2060-AM36 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2060-AM45 Flexible Air Permit Rule
2060-AM91 Prevention of Significant Deterioration (PSD)
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and Non-Attainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
2060-ANOO Implementing Periodic Monitoring in Federal and
State Operating Permit Programs
2060-AN21 NESHAP: Paint Stripping and Miscellaneous
Surface Coating Operations-Area Sources (Includes
Autobody, Paint Stripping, and Miscellaneous Coating
Plastic Parts)
2060-AN33 NESHAP: Polyvinyl Chloride and Copolymers
Production, Amendments
2060-AN65 Revisions to the Definition of Potential to Emit
(PTE)
2060-AN93Title V Rulemaking To Clarify Certain Provisions
of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office
Approval
2060-AO11 Air Quality Index Reporting and Significant Harm
Level for PM2.5
2060-AO13 NESHAP: Ferroalloys Production-Area Source
Standards
2060-AO23 Reconsideration of Stationary Combustion
Turbine NSPS (Subpart KKKK)
2060-AO49 Public Notification of Upcoming Revisions to
State Implementation Plans
2060-AO58 Amend Methods 201 a and 202 To Improve
Measurement of Fine PM
2060-AK54 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
2060-AL75 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
2060-AM75 NESHAP: General Provisions (Once In Always
In)-Amendments
2060-AM81 Standards of Performance for Stationary Spark-
Ignited Internal Combustion Engines
2060-AN12 Response to Petition of Reconsideration for
Findings of Significant Contribution and Rulemaking for
Georgia for Purposes of Reducing Ozone Interstate
Transport
2060-AN17 Standards of Performance for New Stationary
Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors:
Amendments
2060-AN20 Revisions to Air Emissions Reporting
Requirements
2060-AN24 Review of the National Ambient Air Quality
Standards for Ozone
2060-AN26 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2060-AN28 Prevention of Significant Deterioration and
Nonattainment New Source Review: Emission Increases for
Electric Generating Units
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AN75 Revision to Definition of Volatile Organic
Compounds-Exclusion of Two Compounds
2060-AN82 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
2060-AN86 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2060-AN98 Clean Air Mercury Rule: Federal Plan
2060-AO02 Refinement to Increment Modeling Procedures
2060-AO05 Final Extension of the Deferred Effective Date
for 8-Hour Ozone National Ambient Air Quality Standards for
the Denver Early Action Compact
2060-AO31 Amendment of Definitions for National
Emissions Standards for Hazardous Pollutants for
Radionuclides, Subparts H and I
2060-AO45 Revisions to Consolidated Federal Air Rule
2060-AO59 Interpretation of the National Ambient Air Quality
Standards for PM2.5-Correcting and Simplifying
Amendment
2060-AO74 Performance Specification 16-Specifications
and Test Procedures for Predictive Emission Monitoring
Systems in Stationary Sources
2060-AH01 Prevention of Significant Deterioration of Air
Quality: Permit Application Review Procedures for Non-
Federal Class I Areas
2060-AI97 Inspection/Maintenance Program Requirements
for Federal Facilities
2060-AL84 Lifting the Stay of the 8-Hour Portion of the
Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP
Call")
2060-AM62 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR);
Maintenance and Repair Amendments
2060-AM87 NESHAP: Taconite Iron Ore Processing;
Amendments
2060-AN68 Control of Air Pollution From New Motor
Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule
2060-AO19 Review of the Primary National Ambient Air
Quality Standard for Nitrogen Dioxide
2060-AO47 Review of the National Ambient Air Quality
Standards for Particulate Matter
2060-AO48 Review of the Primary National Ambient Air
Quality Standard for Sulfur Dioxide
2060-AO72 Review of the Secondary National Ambient Air
Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
2070-AJ30 Nanoscale Materials Under TSCA
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AJ20 Pesticides; Competency Standards for
Occupational Users
2070-AJ22 Pesticides; Agricultural Worker Protection
Standard Revisions
2070-AJ32 Regulations To Facilitate Compliance With the
Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
2070-AC46 Groundwater and Pesticide Management Plan
Rule
2070-AC83 Lead-Based Paint; Amendments for Renovation,
Repair and Painting
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2070-AJ26 Pesticides; Determination of Status of Prions as
Pests
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
2090-AA34 RCRA Incentives for Performance Track
Members
Local
2040-AD39 Uniform National Discharge Standards for
Vessels of the Armed Forces-Phase II
2040-AE74 Effluent Limitations Guidelines and Standards for
-------
Drinking Water Supply and Treatment
2040-AD87 NPDES Permit Requirements for Peak Wet
Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection
Systems Policy
2040-AA94 National Primary Drinking Water Regulations:
Radon
2040-AB85 Shore Protection Act, Section 4103(b)
Regulations
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AC84 NPDES Applications Revisions
2040-AC93 Test Procedures: Performance-Based
Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
2040-AD02 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer
Overflows, and Peak Excess Flow Treatment Facilities
2040-AD09 Test Procedures for the Analysis of Co-Planar
and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
2040-AD94 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System
Issues
2040-AE61 Effluent Guidelines and Standards:
Recodification of Various Effluent Guidelines
2040-AE88 Availability of and Procedures for Removal
Credits
2050-AD75 National Priorities List for Uncontrolled
Hazardous Waste Sites
2050-AG16 Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
2050-AG37 CERCLA/EPCRA Notification Requirements and
the Agricultural Sector
2050-AG39 Amendment to the Universal Waste Rule:
Addition of Pharmaceuticals
2050-AE17 Emergency Planning and Community Right-to-
Know Act: Amendments to Parts 355 and 370
2050-AE23 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2050-AE81 Standards for the Management of Coal
Combustion Wastes Generated by Commercial Electric
Power Producers
2050-AF01 RCRA Smarter Waste Reporting
2050-AG22 National Contingency Plan Revisions To Align
With the National Response Plan
2050-AG40 Emergency Planning and Community Right-to-
Know Act: Amendments and Streamlining Rule
2060-AI62 National VOC Emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coatings; Amendments
2060-AM36 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and Steel
Foundries
2060-AM45 Flexible Air Permit Rule
2060-AM91 Prevention of Significant Deterioration (PSD)
and Non-Attainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
2060-ANOO Implementing Periodic Monitoring in Federal and
State Operating Permit Programs
2060-AN21 NESHAP: Paint Stripping and Miscellaneous
Surface Coating Operations-Area Sources (Includes
Autobody, Paint Stripping, and Miscellaneous Coating
Plastic Parts)
2060-AN93 Title V Rulemaking To Clarify Certain Provisions
of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office
Approval
2060-AO11 Air Quality Index Reporting and Significant Harm
Level for PM2.5
2060-AO23 Reconsideration of Stationary Combustion
Turbine NSPS (Subpart KKKK)
2060-AO49 Public Notification of Upcoming Revisions to
State Implementation Plans
2060-AO58 Amend Methods 201 a and 202 To Improve
Measurement of Fine PM
2060-AO63 Federal Plan Requirements for Large Municipal
Waste Combustors Constructed On or Before September 20,
1994
2060-AK54 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
2060-AL75 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
2060-AM08 NESHAP and NSPS for Municipal Solid Waste
Landfills-Amendments
2060-AM75 NESHAP: General Provisions (Once In Always
In)-Amendments
2060-AM81 Standards of Performance for Stationary Spark-
Ignited Internal Combustion Engines
2060-AN17 Standards of Performance for New Stationary
Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors:
Amendments
2060-AN20 Revisions to Air Emissions Reporting
Requirements
2060-AN24 Review of the National Ambient Air Quality
Standards for Ozone
2060-AN26 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2060-AN28 Prevention of Significant Deterioration and
Nonattainment New Source Review: Emission Increases for
Electric Generating Units
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AN82 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
2060-AN86 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2060-AN98 Clean Air Mercury Rule: Federal Plan
2060-AO05 Final Extension of the Deferred Effective Date
for 8-Hour Ozone National Ambient Air Quality Standards for
the Denver Early Action Compact
2060-AO31 Amendment of Definitions for National
Emissions Standards for Hazardous Pollutants for
Radionuclides, Subparts H and I
2060-AO59 Interpretation of the National Ambient Air
Quality Standards for PM2.5-Correcting and Simplifying
Amendment
2060-AL83 Section 126 Rule: Withdrawal of Findings for
Sources in Michigan
2060-AL84 Lifting the Stay of the 8-Hour Portion of the
Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP
Call")
2060-AM62 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR);
Maintenance and Repair Amendments
2060-AO19 Review of the Primary National Ambient Air
Quality Standard for Nitrogen Dioxide
2060-AO47 Review of the National Ambient Air Quality
Standards for Particulate Matter
2060-AO48 Review of the Primary National Ambient Air
Quality Standard for Sulfur Dioxide
2060-AO64 National Emissions Standards for Asbestos—
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Amendments
2060-AO72 Review of the Secondary National Ambient Air
Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AC83 Lead-Based Paint; Amendments for
Renovation, Repair and Painting
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
Tribal
2009-AAOO Source-Specific Federal Implementation Plan for
Navajo Generating Station; Navajo Nation
2040-AD39 Uniform National Discharge Standards for
Vessels of the Armed Forces-Phase II
2040-AD87 NPDES Permit Requirements for Peak Wet
Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection
Systems Policy
2040-AE87 Implementation Guidance for Mercury Water
Quality Criteria
2040-AA94 National Primary Drinking Water Regulations:
Radon
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AC84 NPDES Applications Revisions
2040-AC93 Test Procedures: Performance-Based
Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
2040-AD02 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer
Overflows, and Peak Excess Flow Treatment Facilities
2040-AD09 Test Procedures for the Analysis of Co-Planar
and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
2040-AD94 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System
Issues
2040-AE77 New/Revised Ambient Water Quality Criteria
(AWQC) for Recreational Waters
2050-AG16 Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
2050-AG29 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis)
2050-AE17 Emergency Planning and Community Right-to-
Know Act: Amendments to Parts 355 and 370
2050-AG35 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Response to Petitions for Reconsideration)
2050-AE81 Standards for the Management of Coal
Combustion Wastes Generated by Commercial Electric
Power Producers
2050-AF01 RCRA Smarter Waste Reporting
2050-AG22 National Contingency Plan Revisions To Align
With the National Response Plan
2050-AG40 Emergency Planning and Community Right-to-
Know Act: Amendments and Streamlining Rule
2060-AH93 General Conformity Regulations; Revisions
2060-AI62 National VOC Emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coatings; Amendments
2060-AM45 Flexible Air Permit Rule
2060-AM91 Prevention of Significant Deterioration (PSD)
and Non-Attainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
2060-ANOOImplementing Periodic Monitoring in Federal and
State Operating Permit Programs
2060-AN65 Revisions to the Definition of Potential to Emit
(PTE)
2060-AN93 Title V Rulemaking To Clarify Certain Provisions
of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office
Approval
2060-AO11 Air Quality Index Reporting and Significant Harm
Level for PM2.5
2060-AO15 NESHAP: Portland Cement Notice of
Reconsideration
2060-AO23 Reconsideration of Stationary Combustion
Turbine NSPS (Subpart KKKK)
2060-AH37 Review of New Sources and Modifications in
Indian Country
2060-AK54 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
2060-AM08 NESHAP and NSPS for Municipal Solid Waste
Landfills-Amendments
2060-AM75 NESHAP: General Provisions (Once In Always
In)--Amendments
2060-AN24 Review of the National Ambient Air Quality
Standards for Ozone
2060-AN26 Implementation Rule for 8-Hour Ozone NAAQS:
Reconsideration; Overwhelming Transport Classification
2060-AN28 Prevention of Significant Deterioration and
Nonattainment New Source Review: Emission Increases for
Electric Generating Units
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AN86 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2060-AN98 Clean Air Mercury Rule: Federal Plan
2060-AO02 Refinement to Increment Modeling Procedures
2060-AO59 Interpretation of the National Ambient Air Quality
Standards for PM2.5-Correcting and Simplifying
Amendment
2060-AH01 Prevention of Significant Deterioration of Air
Quality: Permit Application Review Procedures for Non-
Federal Class I Areas
2060-AM62 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR);
Maintenance and Repair Amendments
2060-AO19 Review of the Primary National Ambient Air
Quality Standard for Nitrogen Dioxide
2060-AO47 Review of the National Ambient Air Quality
Standards for Particulate Matter
2060-AO48 Review of the Primary National Ambient Air
Quality Standard for Sulfur Dioxide
2060-AO72 Review of the Secondary National Ambient Air
Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AJ20 Pesticides; Competency Standards for
Occupational Users
2070-AC46 Groundwater and Pesticide Management Plan
-------
Rule
2070-AC83 Lead-Based Paint; Amendments for Renovation,
Repair and Painting
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
Federal
2025-AA19 TRI; Response to Petition To Delete Acetonitrile
From the Toxics Release Inventory List of Toxic Chemicals
2025-AA02 Public Information and Confidentiality
Regulations
2025-AA16 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
2025-AA17 TRI; Response to Petition To Add Diisononyl
Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
2030-AA88 Security Requirements for Toxic Substances
Control Act: Confidential Business Information Access for
Contractors
2040-AD39 Uniform National Discharge Standards for
Vessels of the Armed Forces-Phase II
2040-AE94 Supplemental Notice for CAFO Rule Regarding
Terms of the Nutrient Management Plan
2040-AE80 Concentrated Animal Feeding Operation Rule
2040-AA94 National Primary Drinking Water Regulations:
Radon
2040-AB85 Shore Protection Act, Section 4103(b)
Regulations
2040-AC13 National Primary Drinking Water Regulations:
Aldicarb
2040-AC84 NPDES Applications Revisions
2040-AC93 Test Procedures: Performance-Based
Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
2040-AD09 Test Procedures for the Analysis of Co-Planar
and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
2040-AD40 Underground Injection Control: Update of State
Programs
2040-AD94 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System
Issues
2040-AE61 Effluent Guidelines and Standards:
Recodification of Various Effluent Guidelines
2040-AE88 Availability of and Procedures for Removal
Credits
2050-AD75 National Priorities List for Uncontrolled
Hazardous Waste Sites
2050-AG16 Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule
2050-AG29 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis)
2050-AG37 CERCLA/EPCRA Notification Requirements and
the Agricultural Sector
2050-AE17 Emergency Planning and Community Right-to-
Know Act: Amendments to Parts 355 and 370
2050-AE51 Modifications to RCRA Rules Associated With
Solvent-Contaminated Industrial Wipes
2050-AG24 Final Rule Stage Expanding the Comparable
Fuels Exclusion Under RCRA
2050-AG31 Final Rule Stage Definition of Solid Wastes
Revisions
2050-AG35 NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Response to Petitions for Reconsideration)
2050-AE23 Revisions to the Comprehensive Guideline for
Procurement of Products Containing Recovered Materials
2050-AE81 Standards for the Management of Coal
Combustion Wastes Generated by Commercial Electric
Power Producers
2050-AE87 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
2050-AE93 Revisions to the Requirements for
Transboundary Shipments of Wastes Destined for Recovery
Between the U.S. and Other OECD Countries and for Export
Shipments of Spent Lead Acid Batteries
2050-AF01 RCRA Smarter Waste Reporting
2050-AG20 Hazardous Waste Manifest Revisions-
Standards and Procedures for Electronic Manifests
2050-AG22 National Contingency Plan Revisions To Align
With the National Response Plan
2050-AG40 Emergency Planning and Community Right-to-
Know Act: Amendments and Streamlining Rule
2060-AO38 Control of Emissions From New Marine
Compression-Ignition Engines At or Above 30 Liters per
Cylinder
2060-AH63 Environmental Radiation Protection Standards
for the Disposal of Low-Activity Mixed Radioactive Waste
2060-AH90 Technical Change to Dose Methodology
2060-AH93 General Conformity Regulations; Revisions
2060-AI62 National VOC Emission Standards for Consumer
Products and Architectural and Industrial Maintenance
Coatings; Amendments
2060-AM09 Protection of Stratospheric Ozone: Amendments
to the Section 608 Leak Repair Regulations
2060-AM45 Flexible Air Permit Rule
2060-AM84 NESHAP: Defense Land Systems and
Miscellaneous Equipment
2060-AM91 Prevention of Significant Deterioration (PSD)
and Non-Attainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
2060-ANOO Implementing Periodic Monitoring in Federal and
State Operating Permit Programs
2060-AN21 NESHAP: Paint Stripping and Miscellaneous
Surface Coating Operations—Area Sources (Includes
Autobody, Paint Stripping, and Miscellaneous Coating
Plastic Parts)
2060-AN33 NESHAP: Polyvinyl Chloride and Copolymers
Production, Amendments
2060-AN48 Protection of Stratospheric Ozone: Amending
Requirements To Import Ozone-Depleting Substances for
Destruction in the U.S.
2060-AN65 Revisions to the Definition of Potential to Emit
(PTE)
2060-AN93Title V Rulemaking To Clarify Certain Provisions
of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office
Approval
2060-AO11 Air Quality Index Reporting and Significant Harm
Level for PM2.5
2060-AO23 Reconsideration of Stationary Combustion
Turbine NSPS (Subpart KKKK)
2060-AH37 Review of New Sources and Modifications in
Indian Country
2060-AK54 NESHAP: General Provisions; Amendments for
Pollution Prevention Alternative Compliance Requirements
-------
2060-AL75 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
2060-AM06 Control of Emissions from New Locomotives and
New Marine Diesel Engines Less Than 30 Liters per Cylinder
2060-AM14 NESHAP: Area Source Standards-Ethylene
Oxide Hospital Sterilization
2060-AM46 Protection of Stratospheric Ozone: Import
Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels
2060-AM75 NESHAP: General Provisions (Once In Always
In)-Amendments
2060-AN15 Amendment of the Standards for Radioactive
Waste Disposal in Yucca Mountain, Nevada
2060-AN17 Standards of Performance for New Stationary
Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors:
Amendments
2060-AN24 Review of the National Ambient Air Quality
Standards for Ozone
2060-AN28 Prevention of Significant Deterioration and
Nonattainment New Source Review: Emission Increases for
Electric Generating Units
2060-AN43 Federal Plan Requirements for Other Solid
Waste Incineration Units Constructed On or Before
December 9, 2004
2060-AN75 Revision to Definition of Volatile Organic
Compounds-Exclusion of Two Compounds
2060-AN82 Transportation Conformity Rule Amendments To
Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
2060-AN86 Final Rule for Implementation of the New Source
Review (NSR) Program for PM2.5
2060-AO05 Final Extension of the Deferred Effective Date
for 8-Hour Ozone National Ambient Air Quality Standards for
the Denver Early Action Compact
2060-AO31 Amendment of Definitions for National
Emissions Standards for Hazardous Pollutants for
Radionuclides, Subparts H and I
2060-AO45 Revisions to Consolidated Federal Air Rule
2060-AO59 Interpretation of the National Ambient Air Quality
Standards for PM2.5-Correcting and Simplifying
Amendment
2060-AO71 Regulation of Fuels and Fuel Additives:
Alternative Quality Assurance Requirements for Ultra-Low
Sulfur Diesel
2060-AI97 Inspection/Maintenance Program Requirements
for Federal Facilities
2060-AL83 Section 126 Rule: Withdrawal of Findings for
Sources in Michigan
2060-AM62 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR);
Maintenance and Repair Amendments
2060-AO19 Review of the Primary National Ambient Air
Quality Standard for Nitrogen Dioxide
2060-AO47 Review of the National Ambient Air Quality
Standards for Particulate Matter
2060-AO48 Review of the Primary National Ambient Air
Quality Standard for Sulfur Dioxide
2060-AO72 Review of the Secondary National Ambient Air
Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
2070-AB94 Future Testing for Existing Chemicals (Overview
Entry)
2070-AD61 Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
2070-AJ30 Nanoscale Materials Under TSCA
2070-AD16 Test Rule; Testing of Certain High Production
Volume (HPV) Chemicals
2070-AD30 Pesticides; Data Requirements for Antimicrobials
2070-AD52 Polychlorinated Biphenyls (PCBs); Disposal of
PCBs; Implementation Issues
2070-AJ20 Pesticides; Competency Standards for
Occupational Users
2070-AJ22 Pesticides; Agricultural Worker Protection
Standard Revisions
2070-AJ27 Pesticides; Data Requirements for Plant-
Incorporated Protectants (PIPs)
2070-AJ32 Regulations To Facilitate Compliance With the
Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
2070-AB79 Test Rule; Certain Chemicals on the ATSDR
Priority List of Hazardous Substances
2070-AC21 Lead Fishing Sinkers; Response to Citizens
Petition and Proposed Ban
2070-AC46 Groundwater and Pesticide Management Plan
Rule
2070-AC83 Lead-Based Paint; Amendments for Renovation,
Repair and Painting
2070-AD25 Voluntary High Production Volume (HPV)
Chemical Challenge Program
2070-AJ06 Testing Agreement for Perfluorooctanoic Acid
(PFOA)
2070-AJ09 Testing Agreement for Diethanolamine
2070-AJ10 Testing Agreement for Hydrogen Fluoride
2070-AJ11 Testing Agreement for Phthalic Anhydride
2070-AJ13 Testing Agreement for Maleic Anhydride
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AC27 Voluntary Children's Chemical Evaluation
Program (VCCEP)
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AC64 Lead-Based Paint Activities; Bridges and
Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
2070-AC76 Test Rule; Hazardous Air Pollutants (HAPs)
2070-AD10 Test Rule; Certain Metals
2070-AD14 Pesticides; Registration Requirements for
Antimicrobial Pesticide Products
2070-AD44 Test Rule; Multiple Substance Rule for the
Testing of Developmental and Reproductive Toxicity
2070-AD49 Plant Incorporated Protectants (PIPs);
Exemption for Those Based on Viral Coat Protein Genes
2070-AD53 TSCA Policy Statement on Oversight of
Transgenic Organisms (Including Plants)
2070-AD55 Plant Incorporated Protectants (PIPs);
Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
2070-AD56 Plant Incorporated Protectants (PIPs);
Exemption for PIPs That Act by Primarily Affecting the Plant
2070-AD64 Lead-Based Paint; Amendments to the
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
2070-AJ07 Testing Agreement for Aryl Phosphates (ITC List
2)
2070-AJ08 Test Rule; Brominated Flame Retardants (BFRs)
2070-AJ23 Pesticides; Tolerance Processing Fees
2070-AJ26 Pesticides; Determination of Status of Prions as
Pests
2090-AA38 Utilization of Small, Minority, and Women's
Business Enterprises in Procurement Under Assistance
Agreements
2090-AA34 RCRA Incentives for Performance Track
Members
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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
Regulatory Identifier Number (RIN) of the entry identifies the location of the entry in this edition.
2040-AD39 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
2040-AA94 National Primary Drinking Water Regulations: Radon
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