EPA RFA/SBREFA Tracking Report Rules Affecting Small Entities Contents: Part 1: Planned Proposed Rules of Interest to Small Entities Part 2: Planned Proposed Rules which may include a SBAR Panel Part 3: Proposed Rules with Completed SBAR Panels Part 4: Planned Final Rules which may include a Compliance Guide Part 5: Final Rules with Completed Compliance Guides Contacts: Office of the Small Business Advocacy Chair Mail Code 2136 Stuart Miles-McLean Phone 260-8518 Jennifer Greenamoyer Phone 260-7829 FINAL October, 1998 ------- EPA Tracking Report: Rules Affecting Small Entities Overview It is EPA’s policy to reach out to small entities 1 on each rule that may affect them. In order to promote and reinforce that policy, the Agency created this report to track rules of particular interest to small entities (i.e., rules with the potential to affect them). This report also tracks the status of rules which may be subject to certain procedural requirements under the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA). Under RFNSBREFA, the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel 2 (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will flot have a ignificant economic Impact on a ubstantial number of small entities (SISNOSE). This report is divided into five parts. Part 1 lists all planned proposed rules that the Agency believes at this time have the potential to affect small entities. Part 2 identifies the rules listed in Part 1 for which the Agency may convene a Small Business Advocacy Review (SBAR) Panel. Part 3 lists the proposed rules for which EPA has completed a SBAR Panel. Part 4 lists rules for which the Agency may prepare a Small Entity Compliance Guide. Lastly, Part 5 lists those final rules for which EPA has completed compliance guides. Please note that Parts 2 and 4 of this report do not represent a commitment by the Agency to either convene SBAR Panels or prepare Small Entity Compliance Guides for listed rules. Instead, the lists represent the Agency’s initial assessment as to which rules under development may have the potential to have a significant impact on a substantial number of small entities, thereby requiring an initial or final regulatory flexibility analysis. However, during the development of a rule, further outreach, analysis, and modifications to the rule may affect the initial defermination. In some cases, if the Agency later determines that the rule will have a SISNOSE, the Agency will certify the rule and the rule will be removed from certain parts of this report. A no SISNOSE decision can be made at any point in the rulemaking process and the timing could, therefore, preclude the need for a Panel, the preparation of a Compliance Guide, or both. Part 1 : Planned Proposed Rules of Interest to Small Entities Part I of this report is a complete list of pre-proposal rules which may affect small entities. It is important to note that this list includes ii Of EPA’s planned proposed rules that may affect small entities and, therefore, it includes rules to which small entities are not directly subject, as well as rules that may have either beneficial or adverse effects for small entities Whether or not the rule is subject to the RFA/SBREFA’s full range of administrative procedures, it is EPA’s policy to consult with affected small entities on each rule that imposes j y level of impact on j y number of small entities. This policy is based on our history of concern and specific consideration for small entities in our regulatory actions and is the cornerstone of implementing the RFA’s principles for small entity flexibility. 1 SmaiI entities includes small bysinesses, small governments, and smaii not-for-profit organizations 2 RFAJSBREFA refers to the paneis, as Smali Business Advocacy Review Panelg”, but SBAR Paneis must consider impacts on alitypes of small entities subject to the ruie. ------- Part 2 : Planned Proposed Rules which may include a SBAR Panel Part 2 of this report lists planned proposed rules for which the Agency has not yet concluded whether it can certify that the rule will not have a “significant economic impact on a substantial number of small entities.” Unless the Agency so certifies, RFNSBREFA requires that the Agency convene SBAR Panels to formally obtain advice and consider recommendations from “individuals representative of affected small entities” about the potential impacts. RFA/SBREFA, through the SBAR Panel process, facilitates small entity participation in the rulemaking process and provides small entities with a special forum to participate in rulemakings of concern at a particularly apt point in the process: while the Agency is still considering regulatory options for proposal. The Panel ensures that small entities directly subject to a planned rule have an opportunity to express their concerns on the potential impacts of the rule, as well as providing input on options under consideration. As mentioned above, the RFNSBREFA Panel requirement applies to any proposed rule for which notice and comment is required under the Administrative Procedure Act or any other statute, unless the Administrator certifies the rule will not have a SISNOSE under section 605(b) of the RFA. Typically, when an EPA program office initiates work on a rule, Agency staff initiate discussions and gather information from representatives of the affected interests, including small entities. It is difficult at this stage in the rulemaking process to know how the rule ultimately will affect small entities. However, if the Agency believes the impacton small entities that are subject to the rule may be more than incidental, we list the rule in this part of the report as an action that deserves particular attention and which may require an initial regulatory flexibility analysis and a RFNSBREFA SBAR Panel. As part of the SBAR Panel process, EPA works with the Small Business Administration (SBA). When our early screening analysis indicates a Panel may be appropriate, the Agency informally notifies the SBA of our intention to prepare for a SBAR Panel for that rule. EPA also sends to SBA general information about the rule and its potential impacts. This advance notice alerts SBA that we will likely request their suggestions for small entity representatives for the SBAR Panel process. If it continues to appear that a Panel may be convened, we then formally notify SBA of our intent to convene a Panel. The Office of Management and Budget COMB) is also provided with a courtesy copy of this notification. Along with the formal notification, we transmit a statement of the problem the rule is trying to address, a description of the types of small entities affected, a list of small entity representatives already identified, and materials already shared with small entity representatives. Remember that in most cases the Agency already has been working with small entities at this stage, so this step often just confirms and sometimes expands the list of small entity representatives with whom we have been communicating. The Agency’s small entity outreach prior to convening a Panel culminates in the development ofa summary document that contains information on the potential impact of a proposed rule on small entities, and particularly on the several RFA issues referenced in section 609. This summary serves as the basis for convening a SBAR Panel, which is composed of senior officials from the 0MB, SBA and EPA. The-Panel then conducts its review, carries out additional small entity outreach, and prepares a final report based on the comments from the small entity representatives and the Panel’s deliberations. The Panel report becomes part of the rulemaking record. The SBAR Panel process is only part of EPA’s commitment to stakeholder involvement; the Agency continues working with small entities and other interested stakeholders throughout the development of the rule. However, to reiterate, at any point in the proposed rule development process, the, ------- Agency -- through new information, additional analyses, or regulatory accommodations -- may determine that a rule will not have a SISNOSE, remove the rule from this part of the report, and certify the proposed rule. Part 3 : Proposed Rules with Completed SBAR Panels According to the statute, no later that 60 days after EPA convenes a SBAR Panel, the Panel is to report on the comments of the small entity representatives and the Panel’s findings with regard to the issues related to the elements of an initial regulatory flexibility analysis. The Panel report is included in the rulemaking record. Part 3 of this report lists rules for which SBAR Panels were convened and for each rule includes three dates: 1) Panel convening, 2) Panel Report signing, and 3) publication of the Notice of Proposed Rule Making (NPRM). Part 4 : Planned Final Rules which may include Small Entity Compliance Guides Part 4 identifies planned final rules that may include Small Entity Compliance Guides. This includes regulations: 1) proposed before the 1996 Amendments to the RFA and, therefore, are not associated with the SBAR Panel process and, 2) regulations not certified as having no SISNOSE for which a SBAR Panel was convened. When the Agency prepares a regulatory flexibility analysis for a final rule (i.e., does not certify that the rule will not have a SISNOSE), SBREFA requires that “the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ‘small entity compliance guides.” The guides must explain the actions a small entity is required to take to comply with a rule or group of rules and be “written using sufficiently plain language likely to be understood by affected small entities.” It is anticipated that Compliance Guides will be prepared for each of the regulations listed in Part 4. However, as with the SBAR Panel requirement, if the Agency determines that it can certify that a final rule will not have a SISNOSE, then the Compliance Guide requirement does not apply. Part 5 : Final Rules with Completed Compliance Guides This section lists rules for which Small Entity Compliance Guides were prepared and for each rule includes two dates. 1) final rule publication and 2) issuance of compliance guide. A copy of a completed compliance guide may be obtained by contacting EPA’s Regulatory Management Division at 202-260-5480 ------- Part 1: Planned Proposed Rules of Interest to SmaII’EntIties Type of Small Entity **projected *SAN TITLE OF ACTION NPRM Business Govern- Non- ment Profit Publication Office of Administration and Resources Management 3629 EPA Mentor-Protege Program X 12/00/98 4186 EPAAR coverage on Contractor Performance Evaluations x f 10/00/98 4188 Personal Services Contracts X 10/00/98 3874 Revision 61 EPA Acquisition Regulations for Quality Systems for Environmental Programs X X X 01 /00/99 10/00/98 37 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (State) Grant Regulation 4128 Revision to 40 CFR Subpart A and Promulgation of Performance Partnership (Tribal) Grant Rule - I X x x 10/00/98 4191 Revision to EPAAR 1552.211-73, Level of Effort 11/00/98 Office of Air and Radiation r - 3551 Amendments to General Provisions Subpart A and B for 40 CFR 63 X 12/00/98 OO7 Automobile and Light-Duty Truck Manufacturing (Surface Coating) NESHAPNOC Reductions X 11/00/99 3951, Control of Emissions from New Nonroad Spark-Ignition Engines at or Below 19 Kilowatts, Minor Amendme X 06/00199 364S Control of Emissions of Air Pollution from Highway Heavy-Duty Engines and Diesel Engines x 12/00/98 4076 Control of Emissions of Air Pollution from New Marine Diesel Engines at or above 37 Kilowatts X 11/00/98 10/00/98 3901 Generic MACT for Source Categories (Acrylic Modacrylic Fibers, Polycarbonates, Hydrogen Fluoride, an X 3872 Industrial Combustion Coordinated Rulemaking - ICCR Project 3262 Inspection/Maintenance Recall Requirements - x x 11/00/99 x 06/00/99 SAN = Start Achon Number (EPA ’s Internal Tracking Number) * proJected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10115/199 Part 1, Page 1 ------- Part 1: Planned Proposed Rules of Interest to Small Entities *SAN TITLE OF ACTION Type of Small Entity **projected NPRM Publication Business I Govern- j ment Non- Proflt 3407 Method 301. Field Validation of Pollution Measurement Methods for Various Media; Revisions x 12/00/98 3827 NESHAP/ VOC Paper and other Web Coating Reductions X 11/00199 365B NESHAP/NSPS: Reciprocating Internal Combustion Engine I X x 11/00/99 3823 NESHAP/VOC Reductions Large Appliance (Surface Coating) x 11/00/99 3824 NESHAP/VOC Reductions Metal Furniture (Surface Coatings) X 11/00/99 3825 NESHAPNOC Reductions Miscellaneous Metal Parts and Products (Sutfa ce Coating) X 03/00/00 3904 [ NESHAP/VOC Reductions Wood Building Products (Surface Coating) x J______ J 11/00/99 841 NESHAP: Chromium Electroplating Amendment X 12/00/98 3909 NESHAP Fabric Printing, Coating and Dyeing I x 11/00/99 3973 NESHAP: Flexible Polyurethane Foam Fabrication Operations x J x 07/00/99 3899 NESHAP Friction Products Manufacturing 12/00/00 3651 NESHAP Lime Manufacturing x X 08/00/99 3969 NESHAP Municipal Solid Waste Landfills 11/00/99 4103 NESHAP: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing lndustry( x 12/00/98 3549 NESHAP Petroleum Refineries - FCC Units, Reformers and Sulfur Plants x 10/00/98 3820 NESHAP Plywood and Particle Board Manufacturing - x 11/00/99 3 377 NESHAP: Publicly Owned Treatment Works (POTW) x J 10/00/98 ASAN = Start Action Number (EPA ’s Internal Tracking Number) “Projected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Makina in the Federal Reaister This date is subject to change 10/15/199 Part 1, Page 2 ------- Part 1: Planned Proposed Rules of Interest to Small Entitles . *SAN TITLE OF ACTION Type of Small Entity **projected NPRM Publication Business Govern- ment Non- Profit 3903 NESHAP Vegetable Oil Production X 11/00/99 4082 NESHAP Wet-formed Fiberglass Mat Production X 12/00/98 J 10/00/98 4213 Notice of Proposed Rulemaking - Protection of Stratospheric Ozone Allocation 011999 Essential Use x 4129 Notice-of Temporary Stay, Notice of Proposed Compliance Extension, Equivalency Determination-Nationa , x 10/00/98: 03/00/99 3819 NSPS Sewage Sludge Incinerators X 08/00/99 338G NSPS Synthetic Organic Chemicals Manufacturing Industry - Wastewater X 10/00/98 3263 Performance Warranty and Inspection/Maintenance Test Procedures x 01/00/99 3754 Petroleum Solvent Dry Cleaners MACT Standard I Plastic Parts (Surface Coating) NESHAP/VOC Reductions X 1 11/00/99 3826 03/00/00 3975 Review of Minor New Sources and Modifications in Indian Country I 07/00/99 3893 Review of Operating Permits Issued by Indian Tribes I 11/00/98 Revision of Appendix W to 40 CFR Part 51 X 10/00/98 3077 Revisions to Clarify the Permit Content Requirements for State Operating Permits J X X X 01/00/99 4046 Revisions to New Source Review (NSR) Regulations to Implement the New National Ambient Air Quality S 11/00/98 3829 Revisions to the Regulation for Approval of State Programs and Delegation of Federal Authorities 112 10/00/98 3983 Servicing of Motor Vehicle Air Conditioners Standards for Equipment that Recovers and Recycles Refr X 01/00/99 *SAN = Start Action Number (EPA ’s Internal Tracking Number) ‘Projected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10/1 5/1 99 Part 1, Page 3 ------- Part 1: Planned Proposed Rules of Interest to Small Entities *SAN ‘ TITLE OF ACTION Type of Small Entity **projected NPRM Publication Business Govern- merit Non- Profit 3091 Specification of Substantially Similar Definition for Diesel Fuels x 10/00/98 Office of Grants and Contracts • 4j Rewriting of EPA Regulations Implementing the Freedom of Information Act x x x 01 /00/99 Office of Presientlon Pesticides and Toxic Substances 148 2249 Asbestos Model Accreditation Plan R visions Asbestos Worker Protection Rule; Amendments I X x x 06/00/99 06/00/99 - 3047 Asbestos; Amendments to the Asbestos-Containing Materials in Schools Rule, Model Accreditation Plan, x x 06/00/99 4176 Chemical Right-to-Know Initiative x x 01/00/99 4j7 Data Requirements for Antimicrobial Registrations x 02/00/99 2687 Data Requirements for Pesticide Registration (Revision) x 05/00/99 4026 Exemption of Certain Pesticide Substances from FIFRA Requirements x x x 10/00/99 3244 Lead-Based Paint Activities Rules. Training, Accreditation, and Certification Rule and Model State P X X X 09/00/99 355 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling x x x 09/00/99 4172 Lead-Based Paint, Notification of Commencement of Abatement Activities I X x x 09/00/99 3243 Lead, Rulemakings Under TSCA Section 402, Lead-Based Paint Activities - X X X 09/00/99; 11/00/98, 10/00/98 350 a Lead, TSCA Requirements for the Disposal of Lead-Based Paint Debris x x x 11/00/98 SAN = Start Action Number (EPA5 Internal Tracking Number) Projected NPRM Pub Date = An estimate of the date upon which tile Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10/15/199 Part 1, Page 4 ------- Part 1: Planned Proposed Rules of Interest to Small Entities *SAN TITLE OF ACTION Type of Small Entity * Projected NPRM Publication Business Govern- nient Non- Profit 286 ’ 4179 [ Multi-Chemical Test Rule, Children’s Health . x 02/00/99 PCBs; Polychlonnated Biphenyls; Use Authorizations ‘ X X 02/00/99 2659 Pesticide Management and Disposal. Standards for Pesticide Co ntainers and Containment x x 11/00/98 3882 Test Rule for Certain Metals X • 09/00/99 4023 TRI; Addition of Oil and Gas Explorat4on and Production to the To xic Release Inventory I 09/00/99 0QT TRI; Chemical Expansion; Finalization of Deferred Chemicals X X O6/ 0/99 ( 12/00/00 3877 TRI, Data Expansion Amendments; Toxic Chemical Release Rep orting, Community Right-to-Know X J x 2847 TRI, Pollution Prevention Act Information Requirements J X X 03100/99 3880 TRI, Reporting Threshold Amendment, Toxic Chemicals Release Reporting, Community Right-to-Know X X ( 12100/98 401 J TRI; Review of Chemicals on the Original TRI List X X 07/00/99 X x 06/00/99 X 02/00/99 3894 TSCA Biotechnology Follow-up Rules 3301 TSCA Inventory Update Rule Amendments 1640 WPS. Pesticide Worker Protection Standards, Pesticide Hazard CommLlnication x 08/00/99 - ffice of Small or Disadvantaged Business Units 4056- Utilization of Small, Minority and Women’s Business Enterprises Office of Water - . in Procurement under Assistance Agre X X X J 09100199 3444 Best Technology Available (BTA) for Cooling Water Intake Struct tires Under Section 316(b) of the Clea x ) 07/00/99 *SAN = Start Achon Number (EPA’s Internal Tracking Number) •*Prolected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10/15/199 Part 1, Page 5 ------- Part 1: Planned Proposed Rules of Interest to Small Entities ASAN TITLE OF ACTION , Type of Small Entity **projected NPRM Publication Business Govern- ment Non- Profit 4131 Drinking Water Unregulated Contaminant Monitoring Program X x x 12/00/98 2806 j Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 x x [ 10/00/00 4161 Effluent Limitations Guidelines and Standards for the Feedlots Point Source Category, Dairy and Beef x 12/00/00 4153 Effluent Limitations Guidelines and Standards for the Feedlots Point Source Category, Swine and Poul x 12/00/99 3702 Guidelines Establishing Test Procedures for the Analysis of Trace Metals Under the Clean Water Act ‘ x x x 12/00/98 361& Guidelines Establishing Whole Effluent Toxicity West Coast Test Procedures for the Analysis of Pollu X X X 00/00/00 2607 National Primary Drinking Water Regulations: Arsenic x x x 01 /00/00 2340 National Primary Drinking Water Regulations: Ground Water Rule x x x 03/00/99 3238 National Primary Drinking Water Standards for Atdicarb x x x 00/00/00 378 NPDES Streamlining Rule-- Round Ill x x 00/00/00 4009 Public Water System Public Notification Regulation X X X 10/00/98 3234 Revision of NPDES Industrial Permit.Application Requirements and Form 2C--Wastewater Discharge Infor X 10/00/98 416 Revisions to Effluent Guidelines and Standards for the Coal Mining Point Source Category x 12/00/99 3999 Revisions to NPDES Requirements for Compliance Reporting and Collection System Discharges x 04/00/99 3804 Streamlining 301 (Ii) Waiver Renewal Requirements x 08/00/99 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution x x 10/00/98 4Q49 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls ( x x j x 00/00/00 ‘SAN = Start Action Number (EPAs Internal Tracking Number) ‘Projected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10/15/199 Part 1, Page 6 ------- Part 1: Planned Proposed Rules of Interest to:SrnalI :Entities *SAN 4047 TITLE Test Procedures for the Analysis of Cryptosporidium OF ACTION and Giardia Under the Safe Drinking Water and CI Type of Small Entity **Projected NPRM Publication 12100/98 Business Govern Non rnent - ] Profit X X X *SAN = Start Action Number (EPAs Internal Tracking Number) Projected NPRM Pub Date = An estimate of the date upon which the Agency may publish the Notice of Proposed Rule Making in the Federal Register This date is subject to change 10/15/199 Pa ii 1, Page 7 ------- Part 2: Planned Proposed Rules which may include a SBAR Panel SAN i Title I Abstract Projected Dates - Actual Dates Notes Convene Panel Publish NPRM (Stat. or Court?) Informal ‘ to SBA Formal “ ‘ to SBA Panel Convened Status . . Milestones Office of Air and Radiation 3479 Tier 2 Amendments to Parts 51, 52, 63, 70, and 71 Regarding Provisions for Determining Potential to Emit: This action amends regulations already established to implement the Federal air toxics program under section 112, including Ihe General Provisions, the Federal operating permit program under title V. and the major source preconstruction programs under Parts C and o of Title I. Responding to two court decisions, the rule addresses issues related to the determination of a stationary source’s potential to emit (Agency Contact. Tim Smith, 919-541-4718) 10/98 (or decision panel not required) 12/98 if no panel 4/99 if panel 8/23/96 10/02/96 , -Expect Panel - provisions of SBREFA will not apply to NPRM 4078 Tier 3 Control of Emissions of Air Pollution from New Marine Diesel Engines at or above 37 Kilowatts: The ANPRM notifies and invites comments from the public on EPA’s plans to propose stringent standards for control of emissions of oxides of nitrogen, hydrocarbons, and particulate matter from diesel marine engines at or above 37 kilowatts. The ANPRM contains a broad outline of EPA’s plans for defining a national emission control program for these engines, including engine categories to be covered, emission standard levels being considered, and potential compliance programs Results of a Nonroad Engine and Vehicle Emission Study conducted by EPA indicated the need for regulation of categories or classes of new nonroad engines and vehicles that are significant contributors to ozone or CO in NAAQS nonattainment areas Such a finding led to control of emissions from various nonroad sources This action outlines a strategy to control emissions from one nonroad source diesel marine engines If the emission control program discussed in the ANPRM is imptemented, EPA would expect to see NOx and PM reductions comparable to their land-based counterparts on a per engine basis, for marine engines which are derivatives of land-based engines (Agency Contact Paul Machiele, 313-668-4264) , - Planning to certify no SISNOSE, therefore, Panel provisions of SBREFA will not annlu - will remove fr’”’ xt t k orn ne rac ing report I ------- Projected Dates Actual Dates Notes Title I Abstract Tier 2 Light-Duty Vehicle and Light-Duty Truck Emission Standards, Heavy-Duty Gasoline Engine Standards, and Gasoline Sulfur Standards: This rulemaking will propose the next generation of emission standards for light-duty vehicles and light-duty trucks The primary focus of this action will be reducing emissions of nitrogen oxides and non- methane hydrocarbons, pollutants which contribute to ozone pollution. Highway vehicles are significant contributors to ozone pollution, though tighter standards will also have additional air quality benefits. These standards cannot go into effect before the 2004 model year, as per Clean Air Act requirements. The rulemaking will also propose limitations on the sulfur content of gasoline available nationwide Sulfur has a detrimental impact on catalyst performance and could be a limiting factor in the introduction of advanced technologies on motor vehicles. EPA set forth many of the issues associated with this rulemaking in the Tier 2 Report to Congress (Agency Contact Tad Wysor 734- 2 14-4332) Industrial Combustion Coordinated Rulemaking (ICCR): This rulemaking sets standards for air emissions from industrial combustion sources in the following industries: combustion,turbines. stationary internal combustion engines, industrial! commercial I institutional boilers, process heaters, and solid waste incinerators burning non-hazardous waste These sources are widespread one or more of these sources are located at virtually every manufacturing and chemical plant in the United States Moreover, this rulemaking sets air standards both for hazardous air pollutants and for “criteria” pollutants such as nitrogen oxides, sulfur dioxide, and volatile organics. There us likely to be regulatory interaction among these industries and among the various standards, since a given plant site is likely to contain several of these source categories, and because any one source is likely to be subject to more than one type of standard. Therefore, the Agency is undertaking a coordinated rulemaking, with all the standards for all the sources proceeding together in a common rule development. Early and continuing stakeholder involvement is being sought in order to give stakeholders the opportunity to help shape rule development toward greater simplicity and cost-effectiveness, avoidance of duplicative or conflicting rules, more compliance flexibility, and an improved scientific basis (Agency Contact Amanda Agnew, 919-541-5268) Publish NPRM’ (Stat. or Court?) -Program office SER meeting held 8/18/98 -Panel SER meeting held 9/21/98 SAN Tier Tier 1 Convene Panel Informal Request to SBA Formal Request to SBA 8/98 Panel Convened 12/98 7/28/98 Status Highlights Milestones 8/7/98 8/27/98 3872 Tier 2 6199 11/99 10/25/96 3326 Tier 2 , . NESHAP: Reinforced Plastic Composites Production: This regulation would control emissions of hazardous air pollutants from plants engaged in the manufacturing of homopolymers and/or copolymers which contain materials designed to enhance the chemical, physical, andfor thermal properties of the polymer. The source category includes, but is not limited to processing techniques such as hand layup and spray layup of gelcoats that incorporate styrene. (Agency Contact Madeleine Strum, 919-541-2383) 1/99 11/99 (Final rule statutory 11/00) 9/4/98 -Program office SER meeting held 9/11/98 -Likely there will not be a SISNOSE — analysis will be complete by 11/98 ------- SAN Tier Title I Abstract Projected Dates Actual Dates Notes Convene Panel Publish NPRM 1 (Stat. or Court?) Informal Request to SBA Formal Request to SBA Panel Convened Status Highlights Milestones Office of Prevention, Pesticides, and Toxic Substances 3877 Tier 1 TRI Program; Data Expansion Amendment (aka Phase 3): Under EPCRA §313, the original TRI required reporting from manufacturing facilities on the releases and transfers of toxic chemicals and wastes including waste treatment and disposal methods Information on waste management practices, including recycling, energy recovery, and source reduction activities, were added to TRI pursuant to the PPA of 1990. Congress, in enacting EPCRA, directed the National Academy of Sciences (NAS) to study the issue of collecting mass balance/materials accounting information NAS recommended that the issue merited further analysis. EPA is currently considering whether additional data elements related to a mass balance/materials accounting program should be considered for incorporation into the TRI database. The additionai data elements included for consideration includeS quantity brought on site, quantity produced on site, quantity consumed on site; quantities manufactured, processed or otherwise used, quantity contained in or as product, quantity stored on site as waste, and beginning and ending raw materials inventory An ANPRM was issued to get preliminary thoughts on this. (Agency Contact Angela Hofmann, 202-260-2922) 9/99 - . - Held Public Hearings - Evaluating comments on ANPRM - Decision to continue is pending - Dates provided indicate the earliest dates, once decision is made 2659 Tier 2 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment; Supplemental Proposed Rule: The 1988 amendments to FIFRA section 19 significantly expanded and strengthened EPA’s authority to regulate the management of pesticides and their containers,including storage, transportation and disposal. As proposed, this rule would establish standards for removal of pesticides from containers and for rinsing containers; facilitate the safe use, refill, reuse, and disposal of pesticide containers by establishing standards for container design, labeling and refilling, and establish requirements for containment of stationary bulk containers and for containment of pesticide dispensing areas. This action is a supplement to the original NPRM, which was issued on 2/11/94 (59 FR 6712) EPA is seeking additional comment on a few streamlining changes to the proposed requirements, as well as the definition of “small entity” used for the regulatory flexibility analysis presented with the original proposed rule. (Agency Contact Angela Hofmann, 202-260-2922) 11/98 - Planning to certify flO SISNOSE, therefore, Panel provisions of SBREFA will not apply - will remove from next tracking report ------- Actual Dates Notbs Projected Dates Title I Abstract (Stat. or Court?) Antimicrobial Pesticide Registration Reform Proposed Rule: This regulation will specify anitmicrobial registration reforms that witl reduce to the extent possible the review time for antimicrobial pesticides. The regulation will clarity 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. EPA will evaluate the feasibility and cost-effectiveness of various registration process reforms, including registrant certification, and expansion of the current notification procedures. This regu’ation will also implement some general provisions of FIFRA pertaining to all pesticides, including labeling requirements and notification procedures (Agency Contact Angela Hofmann, 202-260-2922 ) Fees for Accreditation and Certification of Lead-Based Paint Activities; Procedure for Modification of Commencement of Lead- Based Paint Abatement Activities: This rule is mandated by section 402(a) of the Toxic Substances Control Act (TSCA) for the purpose of implementing a fee schedule for lead-based paint activities that were addressed in the TSCA section 402 rule finalized on August 28, 1996, which appears at 40 CFR Part 745. The fee schedule will establish a framework for states to process applications for training providers of lead-based paint training courses and for certification of workers engaged in lead-based paint activities in the five disciplines delineated in the section 402 rule Regarding the anticipated impact on small business. section 402(a) does not requir or mandate the abatement of lead-based paint, nor require that any particular enterprise participate in the lead-based paint field However, if firms choose to participate, compliance costs consist of two components that may impact small businesses: (1) accreditation and training costs for workers and supervisors, as well as certification fees that this rule will establish, and (2) incremental costs of work practice standards for abatement procedures EPA is also proposing a procedure for notification to the Agency of the commencement of LBP activities in residential dwellings or child occupied facilities or as a result of Federal, state or local order. (Agency Contact. Angela Hofmann, 202-260-2922)- _________ _________ SAN Tier 3892 Tier 3 Convene Panel Informal Request to SBA Formal Request to SBA Panel Convened 11/98 Status Highlights Milestones 3881 Tier 2 - RFA/SBREFA screening analysis pending - Agency certified no SISNOSE - will be removed from next tracking report 3557 Lead-Based Paint Activities, Training, and Certification: Renovation 1/99 5/99 Tier 2 and Remodeling: Under TSCA title IV, section 402(c)(2) EPA is currently conducting a study to determine whether the activities of individuals engaged in renovation and remodeling activities result in lead exposure levels that may affect the health of workers, building occupants or the environment. The Agency must proceed to develop regulations under Section 402(c)(3). These regulations would require that individuals engaged in renovation and remodeling activities acquire training and obtain certification These training and certification requirements would be similar to those that the Agency is developing for individuals performing lead-based paint abatement under Section 402(a) of TSCA, Title IV. (Agency Contact: Angela Hofmann, 202-260-2922) - - ------- SAN Title I Abstract . Projected Dates Actual Dates Notes Convene Panel Stat. or Informal Request to SBA Formal Request to SBA Panel Convened Status Highlights • Milestones 2687 Tier 2 Pesticide Registration Data Requirements (Revision) and Antimicrobial Registration Data Requirements (Revision): These amendments which will be issued in two separated documents, will update thä existing data requirements for evaluating the registrability of antimicrobial products and pesticide products other than antim,crobial products The revisions will cianfy all data requirements to reflect current practice Procedural and explanatory sections of the current regulations will be amended to make them consistent with the revised data requirements and new use indexing. (Agency Contact Angela Hofmann, 202-260-2922) 12/98 7199 , ‘ 1640 Tier 3 WPS; Pesticide Worker Protection Standards; Pesticide Hazard Communication: In 1992, EPA proposed to require the provision of hazard information to agricultural workers covered by the Worker Protection Standard. The requirements as proposed were designed to be substantially equivalent to the Hazard Communication Standard promulgated by the Occupational Safety and Health Administration. Specific hazard information would be made available to agncultural workers and pesticide handlers concerning the pesticides to which they are exposed EPA is reconsidering the specifics of the proposal to simplify and streamline this requirement During 1998, EPA plans to hold discussions on options with various stakeholder . (Agency Contact. Angela Hofrnann, 202-260-2922) 2/99 10/99 Office of Solid Waste and Emergency Response I__ . . / ------- Projected Dates Actual Dates Not s Office of Water Revision of NPDES Industrial Permit Application Form and Regulations: Under the proposed rule, all existing manufacturing, commercial, mining, and silvicultural operations would be required to submit the proposed revised application in order to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The existing form has not been revised since 1984 and must be updated to reflect statutory and regulatory changes in the NPDES program, advances in scientific methods, and an increased emphasis on toxics control. Under the proposal, whole effluent toxicity (WET) testing would be required of all major dischargers and on a case-by-case basis for minor dischargers The revised form would streamline data and information collection by (1) consolidating the information currently required in Forms 1 (General Information) and 2C (Wastewater Discharge Information), (2) deleting certain pollutant parameters from the application, and (3) allowing electronic transfer of application data to the Agency. The revised regulation would also clarify issues regarding which pollutants are authorized to be discharged by the permit and therefore shielded from enforcement actions (Agency Contact: Cynthia Puskar, 202-260-8532) - Long Term I Enhanced Surface Water Treatment Rule: The 1996 amendments to the Safe Drinking Water Act (SDWA) require EPA to establish National Primary Drinking Water Regulations for contaminants that may have an adverse public health effect and that present a meaningful opportunity for health risk reduction. The Agency’s goal in the Lii ESWTR is to reduce the risk from microbial contaminants in public surface water systems that serve 10,000 people or less In order to accomplish this, the rule will focus on turbidity reduction through filtration optimization, and continued microbial protection through the disinfection benchmark (i e a measurement of current Giardia inactivation) In November 1998, EPA will promulgate an Interim Enhanced Surface Water Treatment Rule (IESWTR) , which focuses on these same public health goals and is applicable to public surface water systems serving greater than 10,000 people. Also, like the IESWTR, the LT1ESWTR will reflect the fundamental principle that new standards for control of disinfection byproducts (I e compliance with the Stage I DBP rule) must not result in significant increases in microbial risk. To develop the LT1 ESWTR. EPA will use the template of the Interim Enhanced Surface Water Treatment Rule (IESWTR) as a starting point. EPA will then determine if the unit costs and principles for reduction in turbidity used to develop the IESWTR will be appropriate for the LT1 ESWTR (Agency Contact Cynthia Puskar, 202-260-8532) -7/97: Decision that this rule will remain on this report and outreach to SERs will begin -9/97 and 12I97 Held some informal outreach meetings with small entities and other stakeholders -10/98: still wotking on RFA/SBREFA screening analysis; expect Panel provisions of SBREFA will not apply - Program Office SER meeting held 4/28/98 - Panel SER meeting held 9122/98 SAN Tier Title I Abstract 3234 Tier 3 Convene Panel Publish NPRM 1 (Stat. or Court?) Informal Request to SBA Formal Request to SBA Panel Convened TBD Status Highlights Milestones 2/99 12/2/96 11/3/97 4147 Tier 2 8/98 9/99 4/8/98 4/20/98 8/21/98 ------- Projected Dates Actual Dates Notes SAN Title I Abstract Publish Informal Formal Status Convene NPRM Panel Panel (Stat. or Convened to SBA to SBA Milestones ________ Court? ) ________ ________ __________ 4146 Filter Backwash Recycling Regulation: The regulation will control the 8/98 9/99 4/8/98 4/20/98 8/21/98 - Panel SER meeting Tier 2 recycle, or reintroduction, of filter backwash and other waste water streams’ into held 9/22/98 the influent (untreated source waters entering the treatment plant) of public - utilities The regulation is required by the 1996 amendments to the Safe Drinking Water Act. The regulation is necessary to protect against outbreaks of waterborne microbial disease that can occur during normal treatment plant operation, operational upsets, or times of poor source water quality. The regulation will provide another barrier to prevent occurrence of microbial pathogens in linushed drinking water supplies Systems of all sizes, including package plants, will be covered by the regulation Conventional, direct, and in- line filtration plants, as well as absorption clarification plants, will be covered by the final rule (Agency Contact Cynthia Puskar, 202-260-8532 ) __________ _________ __________ __________ ____________ _____________________ 2807 National Primary Drinking Water Regulations: Arsenic: The SDWK 2/99 1/00 Tier 2 Amendments of 1996 provided for a comprehensive study plan relating to the health risks of arsenic C rrentIy the NPDWR for arsenic is set at 50 ppb based on skin cancer risks Arsenic is also associated with internal cancer, but the risk of internal cancer cannot be quantified using available data. EPA is to propose a revised NPDWR for arsenic by January 2000, and promulgate the NPDWR by January 2001. The SDWA directs EPA to promulgate MCLGs at a level at which, in the Administrators judgment, no known or anticipated adverse effects on the health of persons occur, and which allows for an adequate margin of safely Arsenic is a naturally occurring contaminant of ground water, and to a lesser extent, surface water It is also released into the environment from use as a wood preservative and from applications in the pharmaceutical, computer, ore smelting, and mining industries Depending on the MCL, the arsenic regulation may affect as many as 13,000 systems, many of them small ground water systems Known treatment technologies include lime softening, coagulation filtration, ion exchange, and reverse osmosis EPA will examine alternatives to central treatment, such as point-of-use devices, in the context of rule ______ development (Agency Contact: Cynthia Puskar, 202-260-8532 ) _________ _________ _________ __________ ___________ ____________________ 4153 Effluent Limitations Guidelines and Standards for the Feedtots 2199 12/99 -3/98 - 9/98: Met with Tier 1 Point Source Category, Swine and Poultry Subcategories: Feedlot (court) pork producers operations are covered by existing effluent guidelines at 40 CFR Part 412. This association and new regulatory action will revise the existing regulations for two of the environmental subcategories to ,address swine and poultry operations The existing groups participated in regulations, which require the largest confined animal feeding operations to th P ‘It r achieve zero discharge of wastes to surface waters except under extreme storm e ou ry iaogue, events, have not been sufficient to resolve water quality impairment from feedlot toured feedlots operations Swine and poultry operations have been identified as substantial -10/98 -1 1/98. Plan contributors of nutrients in surface water that have severe anoxia (low levels of to identify SERs dissolved oxygen) and problem algae blooms (Agency Contact. Cynthia -11/98 Plan to send Puskar, 202-260-8532) informal notification to SBA ------- Projected Dates Actual Dates Notes SAN Title I Abstract Publish Informal Formal Status Tier Convene NPRM’ Panel Panel (Stat. or Request Request Convened Highlights to SBA to SBA Milestones ______ _________________________________________________________ ________ Court? ) ________ _________ __________ _________________ Effluent Limitations Guidelines and Standard for the Feedlots Point 2/00 12/00 -9/98 Start regulatory Tier 2 Source Category, Dairy and Beef Cattle Subcategories: Feedlot (prelimin- (court) development operations are covered by existing effluent guidelines at 40 CFR Part 412. This ary -11/99 Plan to send new regulatory action will revise the existing regulations for two of the estimate) informal notification to subcategories — dairy and beef cattle operations. The existing regulations, SBA which require the largest confined animal feeding operations to achieve zero discharge of wastes to surface waters except under extreme storm events, have not been sufficient to resolve water quality impairment from feedlot operations. 8eeI and dairy cattle operations represent a large segment of the feedlot industry and have been identified as substantial contributors of nutrients in surface waters that have severe anoxia (low levels of dissolved oxygen) and affect drinking waler sources in the western and central regions of the country. ______ ( Agency Contact. Cynthia Puskar, 202-260-8532 ) _________ _________ _________ _________ ___________ ____________________ 3444 Cooling Water Intake (316(b)) Rule: EPA is developing regulations 7/2/99 -10/96 - 2/97: Met Tier 1 implementing §316(b) of the Clean Water Act, which provides that standards (court) with stakeholder applicable to point sources shall require that the location, design, construction, groups re: and capacity of cooling water intake structures reflect the best technology questionnaire AISI, available for minimizing adverse environmental impact. The Agency estimates UWAG, CMA, AFPA, that 13.200 facilities will be affected by this rule. The major industrial activities API, several affected includeS Utility and Non-utility Steam Electric Generation, Paper & Allied Products, Chemical & Allied Products, Petroleum and Coal Products, environmental groups Primary Metal Industry After the screener questionnaire data is analyzed, the -10/97: Working with Agency will have a better understanding of the impact this rule will have on above groups to small business. Screener questionnaire currently under development. (Agency identify potential Contact Cynthia Puskar, 202-260-8532) SERs -10116198 Expect to send the revised screener questionnaire to 0MB ------- — SAN Tier Title I Abstract Projected Dates Actual Dates Notes Convene Panel Publish NPRM 1 (Stat. or Court?) Informal Request to SBA Formal Request to SBA Panel Convened Status Highlights Milestones 2806 Metal Products and Machinery Effluent Limitations Guidelines and 1199 10/00 -6/95 thru 7/96: Tier 2 Standards: The Metal Products and Machinery (MP&M) effluent guideline will (court) Presentations and cover facilities that manufacture, rebuild and maintain finished metal parts, workshops to products, or machines Industrial sectors include Aerospace: Aircraft: Electronic numerous trade Equipment; Hardware; Mobile Industrial Equipment; Ordnance, Stationary associations Industrial Equipment; Bus & Truck; Household Equipment; Instruments; Motor -6/96 - 8/96 Solicited Vehicle; Office Machine, Precious Metals and Jewelry; Ships and Boats: Printed Circuit Boards: Railroads: and Other Metal Products. The MP&M population commenL prom has a large number of small facilities that discharge wastewater to publicly trade assoc. on owned treatment works (POTW5). An NPRM issued May 1995 (known as survey Phase 1) covered some of the sectors listed above and produced over 4,000 -10/97 - 1 2/97 pages of comments from 293 individuals, municipalities, industrial firms, and Outreach to organizations The May 1995 NPRM incorporated a small entity exemption, stakeholders which will be reconsidered as part of the revised proposal. The revised -1/98 - 3/98: proposal (sometimes referred to as the combined Phase 1 and 2) will cover all Additional outreach of the sectors. -10/98: Plan to send EPA ’s outreach efforts to industry trade associations, POTWs. municipalities, informal notification to and other governmental entities included workshops on the 1995 proposal and SBA the opportunity to’ comment on draft versions of the Phase 2 screener and detailed surveys. For the industry survey, EPA contacted and delivered draft surveys to 44 trade associations and solicited their comments. (Agency Contact: Cynthia Puskar, 202-260-8532 ) ------- Part 3: Proposed Rules with Completed SBAR Panels SAN Tier . Title / Abstract Actual Dates Notes Convened Panel • Signed ane Report Published NPRM Status Highlights Milestones Office of Air and Radiation ‘ 3645 Tier I Control of Emissions of Air Pollution from Nonroad Diesel Engines (Agency Contact- Tad Wysor, 734-214-433, 2) 3/25/97 5123/97 9/24/97 4095 Tier 3 Findings of Significant Contribution and Rulemaking on Section 126 Petitions from Eight Northeastern States For Purposes of Reducing Interstate Ozone Transport (Agency Contact Carla Oldham, 919-541-3347) 6/23198 8121/98 9/30/98 . 4096 Tier I Federal implementation Plans to Reduce the Regional Transport of Ozone in the Eastern United States (Agency Contact- Doug Grano, 919-541-3292) 6/23/98 8/21/98 9/30/98 Office of Prevention, Pesticides, and Toxic Substances - Office of Solid Waste and Emergency Response Office of Water 3209 Tier 3 Industrial Laundries Effluent Limitations Guidelines and Standards (Agency Contact Cynthia Puskar, 202-260- 8532) 6/6/97 8/8/97 12/17/97 3785 Tier 3 Comprehensive NPDES Phase II Stormwater Regulations (Agency Contact Cynthia Puskar, 202-260-8532) 6/19/97 8/7/97 1/9/98 Certified no SISNOSE 3204 Tier 1 Transportation Equipment Cleaning Industry - Effluent Limitations Guidelines and Standards (Agency Contact Cynthia Puskar, 202-260-8532) 7/16/97 . 9/23/97 6/25/98 2805 Tier 3 Centralized Waste Treatment Effluent Limitations Guidelines and Standards (Agency Contact Cynthia Puskar, 202-260-8532) 11/6/97 1/23/98 7/7/98- Start 0MB review ------- Actual Dates Notes SAN Title I Abstract Convened Signed Published Status Tier SBAR Panel NPRM Highlights Milestones Panel Report 2778 Tier 2 Revisions to the UIC Regulations for Class V Injection Wells (Agency Contact Cynthia Puskar, 202-260-8532) 3117198 4/1 7/98 7/17/98 . 2340 Tier 2 National Primary Drinking Water Regulations: Ground Water Rule (Agency Contact: Cynthia Puskar, 202-260-8532) 4/10/98 6/9/98 - 2281 Tier 1 National Primary Drinking Water Regulations: Radon (Agency Contact. Cynthia Puskar, 202-260-8532) 719/98 9/1 8/98 - ------- Part 4: Planned Final Rules which may include Compliance Guides SAN . Tier . Title! Abstract Projected Dates Actual Dates Notes Publish FRM Issue . Compliance Guide . Published FRM Issued . Compliance Guide Status . Highlights Milestones Office of Air and Radiation 3658 VOC Emission Standards for Consumer Products (Agency Contact Bruce Moore 919-541-5460) 10/98 , 3645 Control of Emissions of Air Pollution from Nonroad Diesel Engines (Agency Contact Tad Wysor, 734-214-4332) 10/98 4095 Findings of Significant Contribution and Rulemaking on Section 126 Petitions from Eight Northeastern States For Purposes of Reducing Interstate Ozone Transport (Agency Contact Carla Oldham, 919-541-3347) 4/99 4096 Federal implementation Plans to Reduce the Regional Transport of Ozone in the Eastern United States (Agency Contact: Doug Grario, 919-541-3292) 12/99 • - . 3351 VOC Regulation for Architectural and Industrial Maintenance Coatings (Agency Contact: Ellen Ducey. 919-541-5408) 10/98 - Office of Prevention, Pesticides, and Toxic Substances 3244 Lead Program; Lead-Based Paint Activities Rule; Training and Certification and Model State Plan; Part 1 (Agency Contact Ellie Clark, 202-260-3402) 8/96 8/98 8/29/96 61 FR 45778 - Allowed 2 years before effective date - Using stakeholders to develop guidance - Some of the manuals/guidance are already complete. ------- Projected Dates Actual Dates Notes SAN Tier Title I Abstract Office of Solid Waste and Emergency Response Publish FRM Issue Compliance Guide Published FRM Issued Compliance Guide Status Highlights Milestones 2390 Tier 2 I Corrective Action for Releases from Solid Waste Management Units at Hazardous Waste Management Facilities (Subpart S Rule) (Agency Contacts: Barbara Hostage I Jackie Tenusak, 202-260-4617) . 3/99 TBD - NPRM published in July 1990 -Reproposal is not expected -Certain provisions of NPRM may be finalized. - Outreach to stakeholders has been conducted and continues. Office of Water 2772 Tier I National Primary Drinking Water Regulations: Stage I Disinfectants/DisinfectiOn Byproducts Rule (Agency Contact. Cynthia Puskar, 202-260-8532) 12/98 ‘ 3209 Tier 3 Industrial Laundries Effluent Limitations Guidelines and Standards (Agency Contact. Cynthia Puskar, 202-260- 8532) 7/99 9/99 3204 Tier 1 Transportation Equipment Cleaning Industry - Effluent Limitations Guidelines and Standards (Agency Contact Cynthia Puskar, 202-260-8532) 7/00 9/00 2805 Tier 3 Centralized Waste Treatment Effluent Limitations Guidelines and Standards (Agency Contact: Cynthia Puskar, 202-260-8532) 9/99 10/99 2778 Tier 2 Revisions to the UIC Regulations for Class V Injection Wells (Agency Contact: Cynthia Puskar, 202-260-8532) 7/99 2340 Tier 2 National Primary Drinking Water Regulations: Ground Water Rule (Agency Contact: Cynthia Puskar, 202.260-8532) 11/00 2281 National Primary Drinking Water Regulations: Radon Tier 1 (Agency Contact Cynthia Puskar, 202-260-8532) 8/00 ------- Part 5: Final Rules with Completed Compliance Guides SAN Tier Title I Abstract Actual Dates Notes Published FRM Issued Compliance Guide Status Highlights Milestones Office of Air and Radiation ‘ ‘ Office of Prevention, Pesticides, and Toxic Substances - Office of Solid Waste and Emergency Response Office of Water ------- |