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Search: I
SPRING 2008
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"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
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Environment Protection Agency Spring 2008 Regulatory Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[FRL 8540-3]
Spring 2008 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
www.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 are
only available through an online
database.
"Regulatory Flexibility Agenda"
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities.
This will continue to be published in
the Federal Registerbecause of a
requirement of the Regulatory
Flexibility Act.
"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.
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 Flexibility Agenda,
contact Joan Rogers
(rogers.joanb@epa.gov; 202-564-6568). If
you have questions about EPA's Action
Development Process, you may contact
Caryn, Joan, or Phil.
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, until
October 1, 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. After September 30, call
202-564-6564, or e-mail your request to
Schwartz.philip@epa.gov. 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 Is the E-Agenda Organized?
F. What Information Is in the Regulatory
Flexibility Agenda and the E-Agenda?
G. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
H. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
I. What Other 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 online Agenda);
330 entries, which include the expanded Regulatory Flexibility Agen-
da ( 8 entries; 25 data fields/entry)
Semiannual Regulatory Flexibility Agenda ( 8 entries; 9 data fields/entry)
www.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/ lawsregs/
search/regagenda.html
www.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/ lawsregs/
search/regagenda.html
Not in FR
Part XII of today's issue
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
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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://www.epa.gov/lawsregs/search/
regagenda.html).
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; 66 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-
• 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
• Any rules that the Agency has
identified for periodic review under
section 610 of the Regulatory
Flexibility Act. We have three rules
scheduled for 610 review? in 2008.
E. How Is the E-Agenda Organized?
You can now choose how both the
www.reginfo.gov and
www.regulations.gov versions of the E-
Agenda are organized. Current choices
include: EPA subagency; stage of
rulemaking, explained below;
alphabetically by title; and by the
Regulation Identifier Number (RIN),
which is assigned sequentially when an
action is added to the agenda.
Stages of rulemaking include:
1. Prerulemaking—Prerulemaking
actions are generally intended to
determine whether EPA should
initiate rulemaking. Prerulemakings
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
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 rulemakings for which the
next scheduled regulatory action is
after April 2009.
5. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 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 and the
E-Agenda?
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 USC 801."
Legal Authority: The sections of the
United States Code (USC), Public Law
(PL), Executive Order (EO), 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 Registerand,
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.
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
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 Regulation 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.
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 economic impacts
on a substantial number of small entities
and for various nonrulemaking
activities, such as Federal
Registerdocuments 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/
AgendaMain and www.regulations.gov.
You may also download a PDF copy of
EPA's regulatory agenda book at:
http://www.epa.gov/lawsregs/search/
regagenda.html.
4. Agenda Indexes
The first five indexes (610 Reviews,
Regulatory Flexibility Analysis
Required, Small Entity Impact but
Regulatory Flexibility 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. You can find these indexes at
http://www.regulations.gov/
fdmspublic/component/
main?main=UnifiedAgenda in the
second box in the right hand column.
You can also create them by using the
E-Agenda search function at
http://www. reginfo.gov/public/do/
eAgendaSearch. EPA's Web site at
http://www.epa.gov/lawsregs/search/
regagenda.html also contains indexes
for specific categories of regulatory
actions, such as actions that require a
Regulatory Flexibility Analysis or
actions that may affect State, local, or
tribal governments.
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
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. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
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.
EPA has three rules scheduled for 610
review in 2008.
Rule Being Reviewed
VOC Regulation for Architectural Coatings (Section 610 Review)
Control of Emissions of Air Pollution From Nonroad Diesel Engines
(Section 610 Review)
RIN
2060-AP09
2060-AO82
Docket ID
EPA-HQ-OAR-2008-0205
EPA-HQ-OAR-2008-0206
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Environment Protection Agency Spring 2008 Regulatory Agenda
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Rule Being Reviewed
National Primary Drinking Water Regulations: Stage 1
Disinfectant/Disinfection By-Products Rule (Section 610 Review)
RIN
2040-AE97
Docket ID
EPA-HQ-OW-2008-0226
EPA has established an official public
docket for each of these 610 Reviews
under a docket identification (ID)
number as indicated above. All
documents in the docket are listed on
the www.regulations.gov Web site.
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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air or Water 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. Unless
otherwise indicated, please direct your
comments to the identified Docket ID
number for the specific 610 Review
item. For these 610 Reviews, please DO
NOT submit CBI or information that is
otherwise protected by statute. You may
submit comments using one of the
following methods:
1. Electronically. Go directly to
www.regulations.gov and find
"Advanced Docket Search." Enter the
appropriate Docket ID number. The
system is an "anonymous access"
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your
comment. If you do submit an
electronic comment, EPA
recommends that you include your
name, mailing address, and an e-mail
address or other contact information
in the body of your comment. EPA's
policy is that EPA will not edit your
comment, and any identifying or
contact information provided in the
body of a comment will be included
as part of the comment that is placed
in the official public docket and made
available in EPA's electronic public
docket.
2. By Mail. Send your comments,
identified by the appropriate Docket
ID number, to: EPA Docket Center
(EPA/DC), Environmental Protection
Agency, Docket
# , 1200
Pennsylvania Avenue NW.,
Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver
your comments, identified by the
appropriate Docket ID number, to:
EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. The
EPA Docket Center 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 Reading
Room is (202) 566-1744. Such
deliveries are only accepted during
the Docket's normal hours of
operation as identified above. For
more information on EPA's docket
center, please visit
http://www.epa.gov/epahome/
dockets.htm.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked "late." EPA is not required to
consider these late comments. For this
action, please DO NOT submit CBI or
information that is otherwise protected
by statute.
I. What Other 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/.
For a list of the rules under
development for which a Regulatory
Flexibility Analysis will be required and
for a list of rules under development
that may affect small entities, but not
significantly affect a substantial number
of them, go to:
http://www.regulations.gov/
fdmspublic/component/
main?main=UnifiedAgenda and select
the appropriate index in the second box
in the right hand column.
J. Thank You for Collaborating With Us
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
proven tool for solving the
environmental problems we face and
the regulatory agenda is an important
part of that process. In an effort to
further enhance our rulemaking process,
EPA is now providing online
information as soon as the agency
begins the development of a new rule.
You may access monthly Action
Initiation Lists (AILs) at:
http://www.epa.gov/lawsregs/search/
ail.html. They describe those actions
that were approved for commencement
during a given month.
Dated: March 13, 2008.
Louise P. Wise,
Dep u ty Associa te A dministrator,
Office of Policy, Economics, and Innovation.
-------
EPA
Environment Protection Agency Spring 2008 Regulatory Agenda
GENERAL—Proposed Rule Stage
Sequence
Number
2747
Title
SAN No 5225 Authorize Additional Emergency Procurement Procedures
Regulation
Identifier
Number
2030-AA97
GENERAL—Final Rule Stage
Sequence
Number
2748
2749
SAN No
SAN No.
Title
3580 Incorporation of Class Deviations Into EPAAR
5121 Age Discrimination Regulations — EPA-Assisted Programs — Age Discrimination Act of 1975
Regulation
Identifier
Number
2030-AA37
2090-AA37
GENERAL—Long-Term Actions
Sequence
Number
2750
2751
Title
SAN No 3240 Public Information and Confidentiality Regulations
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
Regulation
Identifier
Number
2025-AA02
2030-AA67
GENERAL—Completed Actions
Sequence
Number
2752
2753
2754
2755
2756
Title
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors
SAN No. 4903 Award Term Contracting
SAN No 4931 Accessibility Standards for Contract Deliverables (Section 508)
SAN No. 5067 A Revision to the Budget Period Limitation for Research Grants and Cooperative Agreements
SAN No. 4056 Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance
Agreements
Regulation
Identifier
Number
2030-AA88
2030-AA89
2030-AA90
2080-AA12
2090-AA38
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
2757
2758
2759
2760
2761
2762
2763
Title
SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
SAN No 5163 Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
SAN No. 5168 New Source Performance Standards (NSPS) Review Strategy
SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines (Section 610 Review)
SAN No 5196 Risk and Technology Review Phase II Group 3
SAN No. 5255 VOC Regulation for Architectural Coatings (Section 610 Review)
SAN 52651 Do Greenhouse Gases Under the Clean Air Act
Regulation
Identifier
Number
2060-AO19
2060-AO48
2060-AO60
2060-AO82
2060-AO97
2060-AP09
2060-AP12
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
2764
2765
2766
2767
Title
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No 3939 NESHAP1 Group 1 Polymers and Resins and Group IV Polymers and Resins-Amendments
SAN No. 3380 NSPS: SOCMI— Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60
SAN No. 4309 National VOC Emission Standards for Consumer Products and Architectural and Industrial Mainte-
nance Coatinas: Amendments
Regulation
Identifier
Number
2060-AF72
2060-AH47
2060-AE94
2060-AI62
-------
EPA
Environment Protection Agency Spring 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2768 SAN No. 5231 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors; PM Standards Amendments 2050-AG43
2769 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
2770 SAN No. 4633 Performance-Based Measurement System for Fuels: Criteria for Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
2771 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
2772 SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing 2060-AM19
2773 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
2774 SAN No. 4699.1 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Require-
ments and on Methods To Improve Such Monitoring 2060-AM63
2775 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
2776 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO
2777 SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extin-
guishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30
2778 SAN No. 4988 NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33
2779 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36
2780 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46
2781 SAN No. 5016 NESHAP: Area Source Standards—Paint and Allied Products Manufacturing 2060-AN47
2782 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub-
stances for Destruction in the U.S 2060-AN48
2783 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances 2060-AN58
2784 SAN No. 5025 Revisions to the Definition of Potential To Emit (PTE) 2060-AN65
2785 SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead 2060-AN83
2786 SAN No. 5079 Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to
CAAA Committee Recommendations Ready for Program Office Approval 2060-AN93
2787 SAN No. 5080 Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska 2060-AN94
2788 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99
2789 SAN No. 5071 Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand 2060-AO04
2790 SAN No. 4891.1 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07
2791 SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5 2060-AO11
2792 SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines 2060-AO12
2793 SAN No. 5122 NESHAP: Ferroalloys Production—Area Source Standards 2060-AO13
2794 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15
2795 SAN No. 5131 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Family of
Hydrofluoropolyethers(HFPEs) and HFE-347pc-f 2060-AO17
2796 SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK) 2060-AO23
2797 SAN No. 5135 NESHAP—Area Source Standards—Nine Metal Fabrication and Finishing Source Categories (12
SICs, 23 NAICS Codes) 2060-AO27
2798 SAN No. 5129 Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per
Cylinder 2060-AO38
2799 SAN No. 5145 Review of New Source Performance Standards—Nonmetallic Minerals 2060-AO41
2800 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42
2801 SAN No. 5142 Review of New Source Performance Standards (Subpart UUU)—Mineral Dryers/Calciners 2060-AO43
2802 SAN No. 5155 Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling 2060-AO50
2803 SAN No. 5144 Standards of Performance for Coal Preparation Plants: Amendments 2060-AO57
2804 SAN No. 5147 Amend Methods 201a and 202 of 40 CFR 51 Appendix M To Improve Measurement of Fine PM ... 2060-AO58
2805 SAN No. 5174 Clarification of Reconsideration of New Source Performance Standards (NSPS) for Electric Utility,
Industrial, Commercial, and Institutional Steam Generating Units 2060-AO61
2806 SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Amendments To Address "No Emis-
sion Reduction" MACT Floors 2060-AO66
2807 SAN No. 5186 Pulp and Paper Sector Model Rule 2060-AO67
2808 SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68
2809 SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines 2060-AO70
2810 SAN No. 5166 Opportunity To Provide Feedback to the Agency on Emissions Standards for Stationary Diesel En-
gines 2060-AO73
2811 SAN No. 5224 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export 2060-AO76
-------
EPA
Environment Protection Agency Spring 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2812
2813
2814
2815
2816
2817
2818
2819
2820
2821
2822
2823
2824
2825
2826
2827
2828
2829
2830
SAN No. 5234 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
SAN No. 5235 Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl
Bromide
SAN No. 5242 Regulation To Establish Mandatory Reporting of Greenhouse Gases From Upstream Fuel and
Chemical Producers and Importers and Downstream Emitters
SAN No. 5250 Renewable Fuels Standard Program
SAN No. 5035.1 NSPS for Equipment Leaks; Amendments
SAN No. 5093.2 Risk Technology Phase II Group 2A
SAN No. 5093.3 Risk Technology Phase II Group 2B
SAN No. 5189 NESHAP: Area Source Standards for Nonferrous and Copper Foundries
SAN No. 5191 NESHAP: Area Source Standards—Asphalt Roofing Manufacture
SAN No. 5193 Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Back-
sliding Provisions on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
SAN No. 5194 Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standards: Revisions
for Subpart 1 Areas and 1-Hour Contingency Measures
SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feed Materials
SAN No. 5216 Prevention of Air Pollution Emergency Episodes
SAN No. 5226 Consumer and Commercial Products, Group IV: CTG's in Lieu of Regulations for Misc. Metal
Products Coatings, Plastic Parts, Auto & Light Duty Truck Assembly Coatings, & Fiberglass Boat Mfg. Materials
SAN No. 5227 Consumer and Commercial Products: National VOC Emission Standards for Miscellaneous Indus-
trial Adhesives and Sealants
SAN No. 5230 NESHAP: Area Source Standards—Aluminum Foundries
SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments
SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments
SAN No. 5236 Reconsideration of Halogenated Solvent Cleaning Final Residual Risk Rule
2060-AO77
2060-AO78
2060-AO79
2060-AO81
2060-AO90
2060-AO91
2060-AO92
2060-AO93
2060-AO94
2060-AO95
2060-AO96
2060-AO98
2060-APOO
2060-AP01
2060-AP02
2060-AP04
2060-AP05
2060-AP06
2060-AP07
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2831 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93
2832 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
2833 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements ... 2060-AH23
2834 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
2835 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
2836 SAN No. 5161 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana, Sulfur Dioxide (SO2) Area 2008-AA01
2837 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
2838 SAN No. 5047 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration) .. 2050-AG29
2839 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation and Project Netting 2060-AL75
2840 SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Require-
ments for Heavy-Duty Engines & Vehicles Above 14,000 Pounds & In-Use, Not-To-Exceed Emission Standard
Testing 2060-AL92
2841 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
2842 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
per Cylinder 2060-AM06
2843 SAN No. 4846 NESHAP & NSPS for Municipal Solid Waste Landfills—Amendments 2060-AM08
2844 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34
2845 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
2846 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
2847 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
2848 SAN No. 4918 Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sec-
tor Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
-------
EPA
Environment Protection Agency Spring 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2849 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
2850 SAN No. 4960 Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking
for Georgia for Purposes of Reducing Ozone Interstate Transport 2060-AN12
2851 SAN No. 4970 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Amendments 2060-AN17
2852 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
2853 SAN No. 4794.2 Prevention of Significant Deterioration and Nonattainment New Source Review: Emission In-
creases for Electric Generating Units 2060-AN28
2854 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before De-
cember 9, 2004 2060-AN43
2855 SAN No. 5022 Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone Standard for Bump-Up
Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation 2060-AN63
2856 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule 2060-AN68
2857 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS)—Subpart J 2060-AN72
2858 SAN No. 5045 Revision to Definition of Volatile Organic Compounds—Exclusion of Compounds 2060-AN75
2859 SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing:
Amendments 2060-AN80
2860 SAN No. 4752.2 Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5 2060-AN86
2861 SAN No. 5100 Prevention of Significant Deterioration: Refinement To Increment Modeling Procedures 2060-AO02
2862 SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface
Coating) Operations—Amendment 2060-AO03
2863 SAN No. 5126 Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Res-
ins, and Hydrogen Fluoride 2060-AO16
2864 SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels and Sig-
nificant Monitoring Concentrations 2060-AO24
2865 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio-
nuclides, Subparts H and I 2060-AO31
2866 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 2060-AO36
2867 SAN No. 5140 Method 207—Pre-Survey Procedure for Corn Wet-Milling Facility Emission Sources 2060-AO39
2868 SAN No. 5157 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008 2060-AO44
2869 SAN No. 5146 Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emis-
sions From Hot Mix Asphalt Plant Dryers 2060-AO51
2870 SAN No. 5156 National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amend-
ments to Method 301 2060-AO53
2871 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55
2872 SAN No. 5180 Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before
September 20, 1994 2060-AO63
2873 SAN No. 5154 Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low
Sulfur Diesel 2060-AO71
2874 SAN No. 4119 Performance Specification 16—Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources 2060-AO74
2875 SAN No. 4907.1 National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Amendments—
Area Source Standard 2060-AO84
2876 SAN No. 5203 Control of Emissions of Air Pollution From Snowmobiles 2060-AO88
2877 SAN No. 5202 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments 2060-AO99
2878 SAN No. 5237 Standards of Performance for New Stationary Sources, Test Method 2H—Amendment 2060-AP08
2879 SAN 4161.1. Update of Continuous Instrumental Test Methods: Technical Amendments 2060-AP13
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
2880
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
2060-AH01
-------
10
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2881 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
2882 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition To Delist 2060-AK73
2883 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
2884 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
2885 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
2886 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 2050-AE95
2887 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
2888 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
2889 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
2890 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
2891 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
2892 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
2893 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
2894 SAN No. 4797 Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking
for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84
2895 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
2896 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) 2060-AM20
2897 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
2898 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
2899 SAN No. 4676.3 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Routine Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments 2060-AM62
2900 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75
2901 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
2902 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks & Heavy Duty
Vehicles 2060-AN01
2903 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
2904 SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines 2060-AN73
2905 SAN No. 5093 Risk and Technology Review Phase II Group 2 2060-AN85
2906 SAN No. 4697.1 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Ar-
ticle 5 Countries 2060-AN87
2907 SAN No. 5094 Clean Air Mercury Rule: Federal Plan 2060-AN98
2908 SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal
Waste Combustors (MWCs) 2060-AO18
2909 SAN No. 5137 Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use
Growers 2060-AO29
2910 SAN No. 5169 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47
2911 SAN No. 5175 NESHAP: Aviation Gasoline Distribution MACT Standards 2060-AO62
2912 SAN No. 5170 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox-
ides of Sulfur 2060-AO72
2913 SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
2914
2915
2916
SAN No. 5047.1 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors: Amendments
SAN No. 4873 NESHAP: Area Source Standards—Clay Ceramics Manufacturing, Glass Manufacturing and Sec-
ondary Nonferrous Metals Processing
SAN No. 4859 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization
2050-AG35
2060-AM12
2060-AM14
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
11
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2917 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
2918 SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing—Area
Source 2060-AM71
2919 SAN No. 4907 NESHAP: Gasoline Distribution Area Source Standards 2060-AM74
2920 SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion Engines and Area
Source NESHAP for RICE 2060-AM81
2921 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
2922 SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program 2060-AN16
2923 SAN No. 4978 NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources (Includes
Autobody, Paint Stripping, and Misc. Coating Plastic Parts) 2060-AN21
2924 SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone 2060-AN24
2925 SAN No. 4625.4 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Clas-
sification 2060-AN26
2926 SAN No. 4910.1 NESHAP: Organic Liquid Distribution (Non-Gasoline); Litigation Amendments 2060-AN37
2927 SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant 2060-AN49
2928 SAN No. 5014 NESHAP: Area Source Standards—Reciprocating Internal Combustion Engines 2060-AN62
2929 SAN No. 5030 National Volatile Organic Compound Emission Standards for Aerosol Coatings 2060-AN69
2930 SAN No. 5035 New Source Performance Standards (NSPS): Equipment Leaks—Subparts VV & GGG 2060-AN71
2931 SAN No. 5057 Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005
Transportation Bill (SAFETEA-LU) 2060-AN82
2932 SAN No. 5076 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rea-
sonable Possibility in Recordkeeping 2060-AN88
2933 SAN No. 4839.6 Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Stand-
ards for the Denver Early Action Compact 2060-AO05
2934 SAN No. 5130 Change in Regulatory Deadline for Rulemaking To Address the Control of Emissions From New
Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder 2060-AO26
2935 SAN No. 5136 Protection of Stratospheric Ozone: Extension of Global Lab and Analytical Use Exemption for Es-
sential Class I Ozone Depleting Substances 2060-AO28
2936 SAN No. 5138 Protection of the Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of
Methyl Bromide 2060-AO30
2937 SAN No. 5065 Protection of Stratospheric Ozone: Revision of Refrigerant Recycling and Recovery Equipment
Standards 2060-AO32
2938 SAN No. 5125 Nonroad Diesel Technical Amendments 2060-AO37
2939 SAN No. 5165 Revisions to Consolidated Federal Air Rule 2060-AO45
2940 SAN No. 5152 Public Notification of Upcoming Revisions to State Implementation Plans 2060-AO49
2941 SAN No. 5150 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities: Corrections 2060-AO52
2942 SAN No. 5164 Rulemaking To Address Greenhouse Gas Emissions From Motor Vehicles 2060-AO56
2943 SAN No. 5167 Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment 2060-AO59
2944 SAN No. 5181 National Emissions Standards for Asbestos—Amendments (Withdrawn) 2060-AO64
2945 SAN No. 5149 In-Use Testing for Heavy-Duty Diesel Engines and Vehicles 2060-AO69
2946 SAN No. 4839.7 Final 8-Hour Ozone National Ambient Air Quality Designations for Early Action Compact Areas .. 2060-AO83
2947 SAN No. 5012.1 Acrylic/Modacrylic Fibers, Chemical Manufacturing: Chromium Compounds, Flexible Foam Fab-
rication and Foam Prod, Carbon Black Prod, Lead Acid Battery Mfg. Wood Preserving; Amendments 2060-AO85
2948 SAN No. 5030.1 National Volatile Organic Compound Emission Standards for Aerosol Coatings—Amendments .... 2060-AO86
2949 SAN No. 5188 Approval of Louisiana's Petition To Relax the Summer Gasoline Volatility Standard for the Grant
Parish Area 2060-AO87
2950 SAN No. 5209 Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement
Revision 2060-AO89
2951 SAN No. 5229 Findings of Failure To Submit Related to Section 110(a)(2) SIP Submittals 2060-AP03
-------
12
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
2952
2953
SAN No
Waste .
SAN No.
4054 Environmental Radiation
4003 Technical Change to Dos
Title
Protection Standards for the Disposal of Low-Activity Mixed Radioactive
e Methodology
Regulation
Identifier
Number
2060-AH63
2060-AH90
ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Sequence
Number
2954
Title
SAN No 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain Nevada
Regulation
Identifier
Number
2060-AN 1 5
NOISE CONTROL ACT (NCA)—Proposed Rule Stage
Sequence
Number
2955
Title
SAN No 5102 Revision of Hearing-Protector Regulations
Regulation
Identifier
Number
2060-AO25
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
2956
2957
2958
2959
2960
Title
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No 5031 Pesticides' Expansion of Crop Grouping Program
SAN No 5050 Pesticide Agricultural Container Recycling Program
SAN No. 5223 Pesticides; Revisions to Pesticide Container/Containment Rule
Regulation
Identifier
Number
2070-AD30
2015-AAOO
2070-AJ28
2070-AJ29
2070-AJ37
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
2961
2962
Title
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
SAN No 3222 Groundwater and Pesticide Management Plan Rule
Regulation
Identifier
Number
2070-AD61
2070-AC46
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
2963
2964
2965
2966
2967
2968
2969
2970
2971
Title
SAN No 4027 Pesticides' Tolerance Processing Fees
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No 3892 Pesticides' Registration Requirements for Antimicrobial Pesticide Products
SAN No 5007 Pesticides' Competency Standards for Occupational Users
SAN No 5006 Pesticides' Agricultural Worker Protection Standard Revisions
SAN No. 4985 Pesticides; Determination of Status of Prions as Pests
SAN No. 5005 Pesticides: Data Reauirements for Plant-lncoroorated Protectants fPIPsI
Regulation
Identifier
Number
2070-AJ23
2070-AD49
2070-AD55
2070-AD56
2070-AD14
2070-AJ20
2070-AJ22
2070-AJ26
2070-AJ27
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Environment Protection Agency Spring 2008 Regulatory Agenda
13
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Long-Term Actions (Continued)
Sequence
Number
2972
Title
SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act
by Producers of Plant-Incorporated Protectants (PIPs)
Regulation
Identifier
Number
2070-AJ32
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Completed Actions
Sequence
Number
2973
Title
SAN No 5101 Plant-Incorporated Protectant — Fusion Proteins (PIP-FPs)
Regulation
Identifier
Number
2070-AJ33
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Prerule Stage
Sequence
Number
2974
Title
SAN No 5187 Test Rule1 Nonylphenol (NP) and Its Ethoxylates (NPE)
Regulation
Identifier
Number
2070-AJ34
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
2975
2976
2977
2978
Title
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
SAN No. 2150.2 Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
Regulation
Identifier
Number
2070-AB27
2070-AD16
2050-AG42
2070-AD48
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
2979
2980
2981
2982
2983
2984
2985
2986
2987
2988
Title
SAN No 3252 Lead Fishing Sinkers1 Response to Citizens Petition and Proposed Ban
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
SAN No. 1 139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No 1923 Follow-Up Rules on Existing Chemicals
SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
SAN No. 3493.1 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No 3493 4 Testing Agreement for Diethanolamine
SAN No. 4984 Clarification on TSCA Inventory Status of Activated Phosphors
SAN No 5058 Nanoscale Materials Under TSCA
SAN No 1923 1 Significant New Use Rule for Chloranil
Regulation
Identifier
Number
2070-AC21
2070-AD58
2070-AB11
2070-AA58
2070-AD25
2070-AJ06
2070-AJ09
2070-AJ21
2070-AJ30
2070-AJ31
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
2989
2990
2991
Title
SAN No 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures;
and Model State Plan Rule
Training, Accreditation, and Certification Rule
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
Regulation
Identifier
Number
2070-AC51
2070-AC64
2070-AA59
-------
14
EPA
Sequence
Number
2992
2993
2994
2995
2996
2997
2998
2999
3000
3001
3002
3003
3004
3005
3006
3007
3008
3009
3010
3011
Environment Protection Agency Spring 2008 Regulatory Agenda
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Long-Term Actions (Continued)
Title
SAN No 2563 Test Rule1 Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 3493 Testing for Existing Chemicals (Overview Entry for Future Needs)
SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No 3487 Test Rule1 Hazardous Air Pollutants (HAPs)
SAN No 3882 Test Rule1 Certain Metals
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No 3528 Refractory Ceramic Fibers (RCFs)
SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN No. 4777 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No 3493 2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No 3493 3 Test Rule1 Brominated Flame Retardants (BFRs)
SAN No. 3493.5 Testing Agreement for Hydrogen Fluoride
SAN No. 3493.7 Testing Agreement for Phthalic Anhydride
SAN No 3493 6 Testing Agreement for Maleic Anhydride
SAN No 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
SAN No. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers
SAN 2150; Ac Polychlorinated Biphenyls (PCBs); Petitions Seeking a Manufacturing (Import) Exemption for Use ..
Regulation
Identifier
Number
2070-AB79
2070-AB94
2070-AC27
2070-AC76
2070-AD10
2070-AD28
2070-AD44
2070-AB08
2070-AC37
2070-AD53
2070-AD64
2070-AJ04
2070-AJ07
2070-AJ08
2070-AJ10
2070-AJ11
2070-AJ 1 3
2070-AJ 1 5
2070-AJ36
2070-AJ39
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
3012
3013
Title
SAN No 3557 Lead-Based Paint1 Amendments for Renovation Repair and Painting
SAN No 4597 Polychlorinated Biphenyls (PCBs)1 Disposal of PCBs1 Implementation Issues
Regulation
Identifier
Number
2070-AC83
2070-AD52
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3014
SAN No. 4753 Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning
Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution
2050-AF08
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
3015
3016
Title
SAN No. 3215 Emergency Planning and Community Right-To-Know
SAN No. 5207 Toxic Chemical Release Reporting Using Revised
System (NAICS) Codes
Act: Amendments to Parts 355 and 370
2007 North American Industry Classification
Regulation
Identifier
Number
2050-AE17
2025-AA22
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3017
SAN No. 4616 Clarify TR I
traction and Beneficiation
Title
Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
Regulation
Identifier
Number
2025-AA1 1
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Environment Protection Agency Spring 2008 Regulatory Agenda
15
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3018 SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory 2025-AA16
3019 SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals 2025-AA17
3020 SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 2025-AA19
3021 SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule ... 2050-AG40
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Regulation
3022 SAN No. 4606 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-AE93
3023 SAN No. 2647 RCRA Subtitle C Financial Test Criteria Regulatory Determination 2050-AC71
3024 SAN No. 5070 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Re-
quirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts 2050-AG34
3025 SAN No. 5127 Amendment to the Universal Waste Rule: Addition of Pharmaceuticals 2050-AG39
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Regulation
3026 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials 2050-AE23
3027 SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 2050-AE51
3028 SAN No. 4834 Hazardous Waste Management System: Identification and Listing of Hazardous Waste (F019 List-
ing Amendment in Wastewater Treatment Sludges From Zinc phosphating Processes in Automotive Assembly
Plants) 2050-AG15
3029 SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and Research Labora-
tories 2050-AG18
3030 SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA 2050-AG24
3031 SAN No. 4670.1 Definition of Solid Wastes Revisions 2050-AG31
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Regulation
Mnmh Title Identifier
Number Number
3032 SAN No. 3856 Management of Cement Kiln Dust (CKD) 2050-AE34
3033 SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers 2050-AE81
3034 SAN No. 4735 RCRA Smarter Waste Reporting 2050-AF01
3035 SAN No. 3147.1 Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests 2050-AG20
3036 SAN No. 5128 Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correc-
tion 2050-AG38
3037 SAN No. 4828 RCRA Incentives for Performance Track Members 2090-AA34
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16
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3038
SAN No. 4411 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry
Processed in a Gasification System To Produce Synthesis Gas
2050-AE78
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
3039
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites
2050-AD75
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage
3040 SAN No. 5117 CERCLA/EPCRA Notification Requirements and the Agricultural Sector ........................................... 2050-AG37
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions
M
Number
Title
Regulation
Identifier
Number
3041 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities ............................................ 2050-AF03
3042 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan ............................. 2050-AG22
CLEAN WATER ACT (CWA)— Proposed Rule Stage
Regulation
Mnmh Title Identifier
Number Number
3043 SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements [[[ 2050-AE87
3044 SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters [[[ 2040-AD89
3045 SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations ................................... 2040-AE69
3046 SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category [[[ 2040-AE91
3047 SAN No. 5162 NPDES General Permits for Discharges Incidental to the Normal Operations of a Vessel ................ 2040-AE93
3048 SAN No. 5210 Criteria and Standards for Cooling Water Intake Structures— Phase II Remand ................................ 2040-AE95
CLEAN WATER ACT (CWA)— Final Rule Stage
™.
3049 SAN No. 4996 Concentrated Animal Feeding Operation Rule [[[ 2040-AE80
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Environment Protection Agency Spring 2008 Regulatory Agenda
17
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3055
3056
3057
3058
3059
3060
3061
3062
3063
3064
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
SAN No. 3786 NPDES Applications Revisions
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No. 4690 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
SAN No. 4980 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufac-
turing Process
SAN No. 3663.1 Availability of and Procedures for Removal Credits
2040-AC93
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE61
2040-AE77
2040-AE82
2040-AE88
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3065
3066
SAN No
SAN No
Title
4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
4996.3 Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan
Regulation
Identifier
Number
2040-AE74
2040-AE94
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3067
SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant and Disinfection By-Products
Rule (Section 610 Review)
2040-AE97
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3068
3069
3070
Title
SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System
SAN No 5066 Second 6 Year Review of Existing National Primary Drinking Water Regulations
SAN No. 5211 Minimum Federal Requirements Under the Underground Injection Control (UIC) Program for Car-
bon Dioxide (CO2) Geologic Sequestration (GS) Wells
Regulation
Identifier
Number
2040-AE84
2040-AE90
2040-AE98
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3071
SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List
2040-AE60
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18
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
3072
3073
3074
3075
3076
3077
Title
SAN No 2281 National Primary Drinking Water Regulations1 Radon
SAN No 3238 National Primary Drinking Water Regulations1 Aldicarb
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Consideration of Distribution System Issues
SAN No 4745 Drinking Water Contaminant Candidate List 3
SAN No 4236 Underground Injection Control1 Update of State Programs
Regulation
Identifier
Number
2040-AA94
2040-AC13
2040-AD54
2040-AD94
2040-AD99
2040-AD40
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3078
Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2747. • AUTHORIZE ADDITIONAL
EMERGENCY PROCUREMENT
PROCEDURES
Priority: Info./Admin./Other
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 15
Legal Deadline: None
Abstract: The Federal Acquisition
Regulation (FAR) restricts EPA's ability
to make certain emergency
procurements in a timely matter. EPA
has the power under the CERCLA to
take necessary procurement actions to
respond to emergencies. The EPA
Acquisition Regulation (EPAAR) will be
revised after the approval of OFPP is
obtained for exercising this emergency
procurement authority under CERCLA.
No one is being regulated by this
action. There are no other alternatives
to address the problem.
Timetable:
Action
Date
FR Cite
NPRM 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5225;
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-4369
Email: wyborski.larry@epamail.epa.gov
Eleanor Nolan, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-3446
Fax: 202 565-2475
Email: nolan.eleanor@epamail.epa.gov
RIN: 2030-AA97
Environmental Protection Agency (EPA)
General
Final Rule Stage
2748. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Info./Admin./Other
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the
EPAAR since its promulgation in April
1994. This proposed rule would
incorporate most of the class deviations
to the EPAAR.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580;
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Fax: 202 565-2475
Email: schaffer.paul@epa.gov
Eleanor Nolan, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-3446
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
19
EPA—General
Final Rule Stage
Fax: 202 565-2475
Email: nolan.eleanor@epamail.epa.gov
RIN: 2030-AA37
2749. AGE DISCRIMINATION
REGULATIONS—ERA-ASSISTED
PROGRAMS—AGE DISCRIMINATION
ACT OF 1975
Priority: Other Significant
Legal Authority: 42 USC 6101 et seq
CFR Citation: 40 CFR 7.10 to 7.180
Legal Deadline: None
Abstract: The Age Discrimination Act
of 1975 prohibits discrimination based
on age in programs or activities that
receive Federal financial assistance,
and requires Federal agencies to issue
regulations implementing the Act.
Recipients are aware of this prohibition
and are already in compliance with this
requirement. This amendment will add
Age as a protected classification to
EPA's nondiscrimination regulations
(40 CFR Part 7), which already prohibit
discrimination based on race, color,
national origin, sex or handicap in
EPA-assisted programs or activities
pursuant to Title VI of the Civil Rights
Act of 1964, Section 504 of the
Rehabilitation Act of 1973, and Section
13 of the Federal Water Pollution
Control Act of 1972. The 1975 Age
Discrimination Act uses the same
prohibitory language as Title VI and
Section 504. Promulgating this
amendment will bring EPA in line with
other Federal agencies that have
already issued age discrimination
regulations—such as U. S. Department
of Justice (DOJ) and the U.S.
Department of Health and Human
Services (HHS). HHS is responsible for
approving age discrimination
regulations before they are published,
and has already approved EPA's
proposed amendment.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5121;
Agency Contact: Thomas Walker,
Environmental Protection Agency,
Office of the Administrator, 1201A,
Washington, DC 20460
Phone: 202 343-9680
Fax: 202 233-0630
Email: walker.tom@epa.gov
Yasmin Yorker, Environmental
Protection Agency, Office of the
Administrator, 1201 A, Washington, DC
20460
Phone: 202 343-9682
Fax: 202 233-0630
Email: yorker.yasmin@epa.gov
RIN: 2090-AA37
Direct Final Action
12/00/08
Environmental Protection Agency (EPA)
General
Long-Term Actions
2750. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2.205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.
Timetable:
Action
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
Date
11/23/94
10/25/99
12/21/99
08/30/00
12/21/00
To Be
FR Cite
59 FR 60446
64 FR 57421
64 FR 71366
65 FR 52684
65 FR 80394
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240;
EPA publication information: NPRM 1-
Withdrawn 12/21/2000;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202 566-1649
Fax: 202 566-1639
Email: hisel-
mccoy.sara@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20460
Phone: 202 566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
2751. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
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20
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—General
Long-Term Actions
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319;
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Valen Wade,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-2284
Email: wade.valen@epamail.epa.gov
Daniel Humphries, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA67
Environmental Protection Agency (EPA)
General
Completed Actions
2752. SECURITY REQUIREMENTS
FOR TOXIC SUBSTANCES CONTROL
ACT CONFIDENTIAL BUSINESS
INFORMATION ACCESS FOR
CONTRACTORS
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1552; 48 CFR
1535
Completed:
Reason
Date
FR Cite
Withdrawn 03/04/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Lashawn Smith
Phone: 202 564-1917
Fax: 202 565-2475
Email: smith.lashawn@epa.gov
Scott Sherlock
Phone: 202 564-8257
Fax: 202 564-8251
Email: sherlock.scott@epa.gov
RIN: 2030-AA88
2753. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
CFR Citation: 48 CFR 1516; 48 CFR
1552
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/04/07 72 FR 56708
01/11/08 73 FR 1978
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Valen Wade
Phone: 202 564-2284
Email: wade.valen@epamail.epa.gov
RIN: 2030-AA89
2754. ACCESSIBILITY STANDARDS
FOR CONTRACT DELIVERABLES
(SECTION 508)
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1511; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Withdrawn 03/04/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
Phone: 202 564-1369
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA90
2755. A REVISION TO THE BUDGET
PERIOD LIMITATION FOR RESEARCH
GRANTS AND COOPERATIVE
AGREEMENTS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 40.125-l(a)
(Revision)
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John Nanartowicz
Phone: 202 564-4756
Fax: 202 565-2904
Email:
nanartowicz.john@epamail.epa.gov
Mark Thomas
Phone: 202 564-4763
Fax: 202 565-2904
Email: thomas.mark@epamail.epa.gov
RIN: 2080-AA12
2756. UTILIZATION OF SMALL,
MINORITY, AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
CFR Citation: 40 CFR 33
Completed:
Reason
Date
FR Cite
Final Action
03/26/08 73 FR 15904
Direct Final Action
09/12/07 72 FR 52008
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Kimberly Patrick
Phone: 202 566-2605
Fax: 202 566-0548
Email:
patrick.kimberly@epamail.epa.gov
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Environment Protection Agency Spring 2008 Regulatory Agenda
21
EPA—General
Completed Actions
Jeanette Brown
Phone: 202 566-2075
Fax: 202 566-0548
Email: brown.jeanettel@epamail.epa.gov
Related RIN: Previously reported as
2020-AA39
RIN: 2090-AA38
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
2757. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR NITROGEN DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review? and, if appropriate, revise 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 (NO2).
That action provided the
Administrator's final determination,
after careful evaluation of comments
received on the October 1995 proposal,
that revisions to neither the primary
nor the secondary NAAQS for NO 2
were appropriate at that time. On
December 9, 2005, the EPA/ORD
initiated the current periodic review of
NO2 air quality criteria, the scientific
basis for the NAAQS, with a call for
information in the Federal Register.
(This regulatory action is for the
Agency's review of the primary NO2
NAAQS. Review of the secondary NO2
NAAQS will be part of a separate
regulatory action combined with review?
of the sulfur dioxide NAAQS.) 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. An Advance Notice of
Proposed Rulemaking (ANPRM)
reflecting Agency views will then be
published. This ANPRM 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 NO2
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
12/00/08
05/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5111;
EPA Docket information: EPA-HQ-OAR-
2006-0922
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, NC
27711
Phone: 919 541-1167
Fax: 919 541-0237
Email: jenkins.scott@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
RTF, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO19
2758. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR SULFUR DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review and, if appropriate, revise air
quality criteria primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
periodically. On May 22, 1996, the EPA
published a final decision under
section 109(d)(l) that revisions of the
primary and secondary NAAQS for
sulfur dioxide (SO2) 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 SO 2 would
not be made at that time. In 2006, the
EPA/ORD initiated the current periodic
review of SO2 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 SO2
NAAQS. Review of the secondary SO2
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 SO2
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
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22
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
reflecting the Agency's views, based on
information in the ISA and the
exposure/risk report. As the primary
SO2 NAAQS review is completed, the
Administrator's proposal to retain or
revise the SO2 NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
03/00/09
07/00/09
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5163;
EPA Docket information: EPA-HQ-OAR-
2007-0352
Agency Contact: Michael Stewart,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, NC
27711
Phone: 919 541-7524
Fax: 919 541-0237
Email: stewart.michael@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
RTF, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO48
2759. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) REVIEW
STRATEGY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411; 42 USC
7429
CFR Citation: Not Yet Determined
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
ANPRM 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5168;
Agency Contact: Robin Langdon,
Environmental Protection Agency, Air
and Radiation, D220B, RTF, NC 27711
Phone: 919 541-1048
Email: langdon.robin@epa.gov
Michael Regan, Environmental
Protection Agency, Air and Radiation,
D220C, RTF, NC 27711
Phone: 919 541-5294
Email: regan.michael@epa.gov
RIN: 2060-AO60
2760. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On October 23, 1998 (63 FR
56967), EPA promulgated a regulation
to reduce emissions of nitrogen oxides
(NOx), non-methane hydrocarbon
(NMHC), and particulate matter (PM)
from diesel and gasoline fueled engines
used in highway trucks and buses and
in nonroad equipment and vehicles.
Nitrogen oxides are a significant
contributor to urban ozone pollution
(smog), acid rain, and particulate
pollution. Particulates, including those
emitted directly and secondary
particulates formed in the atmosphere,
have been associated with increased
death and illness rates as well as
impaired visibility. Non-Methane
hydrocarbons also contribute to ozone
pollution. Highway and nonroad
engines and vehicles are very
significant contributors to these air-
quality problems. Pursuant to Section
610 of the Regulatory Flexibility Act,
EPA is now? initiating a review? of this
rule to determine if it should be
continued without change, or should be
rescinded or amended to minimize
adverse economic impacts on small
entities. As part of this review?, EPA
will consider, and solicits comments
on, the following factors: (1) The
continued need for the rule; (2) the
nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. Comments must be received by
August 4, 2008. In submitting
comments, please reference Docket ID
number EPA-HQ-OAR-2008-0206, and
follow the instructions provided in
Section H of the preamble to this issue
of the Regulatory Agenda. The results
of EPA's review? will be summarized in
a report and placed in the rulemaking
docket referenced above. This docket
can be accessed at
www.regulations.gov.
Timetable:
Action
Date FR Cite
Final Rule
Begin Review
End Comment Period
End Review
10/23/98 63 FR 56967
05/00/08
08/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5254;
; EPA Docket information: EPA-HQ-
OAR-2008-0206
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AO82
2761. • RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 3
Priority: Other Significant
Legal Authority: CAA sec 112 (f) and
CFR Citation: Not Yet Determined
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Environment Protection Agency Spring 2008 Regulatory Agenda
23
EPA—Clean Air Act (CAA)
Prerule Stage
Legal Deadline: None
Abstract: EPA is required to evaluate
the risk remaining at facilities 8 years
after they are required to comply with
MACT air-toxic emission standards
according to Section 112 (f)(2) of the
Clean Air Act (CAA). EPA is also
required to review? and revise the
MACT standards if needed every 8
years with regard to practices,
processes and control technologies
according to Section 112(d)(6) of the
CAA. EPA will combine the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups to enable us to more
closely meet statutory dates, raise and
resolve programmatic issues, minimize
resources by using available data and
focusing on high risk sources, and
provide consistent review? and analysis.
RTR Phase II originally included 34
MACT standards and 50 source
categories, which was split into 2
groups. Group 2 was addressed in a
previous action. This action focuses on
RTR Phase II Group 3, which consists
of 18 MACT standards (covering 20
source categories) with MACT
compliance dates of 2002 and earlier.
We will use available data including
emissions from the most recent 2002
national emission inventory (NEI) and
augment it with available site-specific
data to assess the draft preliminary
risks for each source category. Each
MACT source category will be assessed
for inhalation risks, including cancer
risk and incidence, population cancer
risk, and noncancer 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 will follow
the Benzene Policy to identify the
source categories as low risk,
acceptable risk, or unacceptable risk.
We then plan to publish the emissions
data and risk results in an ANPRM by
May 2008 and solicit public comments
and corrections, including better source
data. We will then reassess the source
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. We anticipate
that the source categories below will
split into 2 to 3 proposal/promulgation
packages. We intend to propose the
first subset of source categories in a
NPRM by January 2009, address public
comments, and promulgate the final
action by January 2010. Where the need
for additional controls is identified,
standards would be developed that
include technology, work practice, or
performance standards as amendments
to the existing MACT standards.
Portland Cement was removed from
this group due to remand of the
NESHAP and will be put into a later
ANPRM in RTR Phase III.
The 17 MACT source categories and
associated NAICS codes are listed
below.
Pulp and Paper Production, 3221
Chrome Electroplating, 332813
Flexible Polyurethane Foam, 326150
Offsite Waste and Recovery Operations,
526
Secondary Lead Smelters, 331452
Wood Furniture Coatings, 337122
Polycarbonates, 325199
Acrylic/Modacrylic Fibers, 325222
Phosphate Fertilizer Production,
325312
Phosphoric Acid Manufacturing,
325312
Primary Lead Smelting, 331419
Publicly Owned Treatment Works,
221320
Ferroalloys Production, 331112
Steel Pickling—HCL Process, 331111
Secondary Aluminum Production,
331314
Wool Fiberglass Manufacturing, 327993
Polyether Polyols Production, 325199
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
11/00/08
02/00/09
11/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5196;
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, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO97
2762. • VOC REGULATION FOR
ARCHITECTURAL COATINGS
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On September 11, 1998 (63
FR 48848), EPA promulgated a
regulation to control volatile organic
compound (VOC) emissions from
architectural coatings. These coatings
are applied to stationary structures and
their appurtenances, to portable
buildings, to pavements, or to curbs.
Traditional VOC limitations, market-
based approaches, and phased-in
approaches were all included. This rule
was based on the best possible
understanding of the industry, and it
afforded the flexibility to achieve the
necessary emission reductions in the
most sensible, cost-effective ways.
Pursuant to Section 610 of the
Regulatory Flexibility Act, EPA is now
initiating a review? of this rule to
determine if it should be continued
without change, or should be rescinded
or amended to minimize adverse
economic impacts on small entities. As
part of this review, EPA will consider,
and solicits comments on, the following
factors: (1) The continued need for the
rule; (2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. Comments must
be received by August 4, 2008. In
submitting comments, please reference
Docket ID number EPA-HQ-OAR-2008-
0205, and follow the instructions
provided in Section H of the preamble
to this issue of the Regulatory Agenda.
The results of EPA's review? will be
summarized in a report and placed in
the rulemaking docket referenced
above. This docket can be accessed at
www.regulations.gov.
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24
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
Timetable:
Action
Date
FR Cite
Final Rule
Begin Review
End Comment Period
End Review
09/11/98 63 FR 48848
05/00/08
08/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5255;
EPA Docket information: EPA-HQ-OAR-
2008-0205
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AP09
2763. • GREENHOUSE GASES UNDER
THE CLEAN AIR ACT
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This notice will solicit public
input as EPA considers the specific
effects of climate change and potential
regulation of greenhouse gas emissions
from stationary and mobile sources
under the Clean Air Act. As EPA has
considered how best to respond to the
Supreme Court's decision in
Massachusetts v .EPA, as well as how
to respond to petitions and comments
received in rulemakings asking EPA to
regulate greenhouse gas emissions from
mobile and stationary sources, it has
become clear that implementing the
Supreme Court's decision could affect
many sources beyond cars and trucks.
In this advance notice, EPA will
present and request comment on the
best available science including specific
and quantifiable effects of greenhouse
gases relevant to making an
endangerment finding and the
implications of this finding with regard
to the regulation of both mobile and
stationary sources. This notice will also
seek comment, relevant data, and
questions about the implications of the
possible regulation of stationary and
mobile sources, particularly covering
the various petitions, lawsuits and
court deadlines before the Agency.
These include the Agency response to
the Massachusetts v. EPA decision,
several mobile source petitions (on-
road, non-road, marine and aviation),
and several stationary source
rulemakings (petroleum refineries,
Portland cement, and power plant and
industrial boilers). Finally, the notice
will also raise potential issues in the
New Source Review program, including
greenhouse gas thresholds and whether
permitting authorities might need to
define best available control
technologies.
Timetable:
Action
Date
FR Cite
ANPRM
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 5265;
Docket EPA-HQ-OAR-2008-0318
Agency Contact: Jackie Krieger,
Environmental Protection Agency, 1200
Pennsylvania Ave NW, 6101A,
Washington, DC 20460
Phone: 202 564-5757
Email: krieger.jackie@epa.gov
Mary Henigin, Environmental
Protection Agency, Mail Code 6103A,
1200 Pennsylvania Ave NW,
Washington , DC 20460
Phone: 202 564-1663
Fax: 202 5641543
Email: henigin.mary@epa.gov
RIN: 2060-AP12
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2764. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date
FR Cite
NPRM
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649;
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
2765. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND
RESINS-AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 506
(Revision); 40 CFR 63.1310 to 1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
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Environment Protection Agency Spring 2008 Regulatory Agenda
25
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on November
25, 1996 (61 FR 59849), to explain the
nature of changes planned.
Subsequently, six litigants have
petitioned for review of the elastomers
and thermoplastics regulations. Four
companies have petitioned EPA to
reconsider specific provisions in the
thermoplastics regulation. Revisions
will be proposed to parallel HON
changes and to resolve petitioners'
issues.
Timetable:
Action
ANPRM
Direct Final-petjud
rev
NPRM-petjudrev
Direct Final-comp ext
Direct Final-pet rec
equip leaks
NPRM2
NPRM3
Direct Final-stay
notice
NPRM-stay notice
Direct FinalOO
NPRMOO
Direct Final 4
Final ActionOI
Direct Final Comp.
NPRM ComplianceO!
Final 1
Final 2
NPRM
Date
11/25/96
03/09/99
03/09/99
05/07/99
06/08/99
06/08/99
06/08/99
06/30/99
06/30/99
08/29/00
08/29/00
10/26/00
02/23/01
02/26/01
02/26/01
07/16/01
08/06/01
12/00/08
FR Cite
61 FR 59849
64 FR 11536
64 FR 11555
64 FR 2451 1
64 FR 30406
64 FR 30453
64 FR 30456
64 FR 35023
64 FR 35 107
65 FR 5231 9
65 FR 52392
65 FR 64161
66 FR 11233
66 FR 11543
66 FR 1550
66 FR 36924
66 FR 40903
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AH47
2766. NSPS: SOCMI—WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 app J to part
60; 40 CFR 63 app C to part 63
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add Appendix J to 40
CFR part 60. In conjunction with the
rule development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. The
final rule will encompass the
clarifications and revisions to subpart
YYY, appendix J, and 40 CFR part 63
appendix C.
Timetable:
Action
Date FR Cite
NPRM (NSPS) 09/12/94 59 FR 46780
Supplemental NPRM 10/11/95 60 FR 52889
1
Supplemental NPRM 12/09/98 63 FR 67988
2
NPRMAmdmt 06/30/04 69 FR 39383
Supplemental NPRM 07/00/08
Final Action 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
EPA publication information:
Supplemental NPRM 2 -
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/December/Day-
09/a28472a.htm; ; EPA Docket
information: EPA-HQ-OAR-2003-0191
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
2767. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS AND ARCHITECTURAL
AND INDUSTRIAL MAINTENANCE
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action consists of
amendments to the consumer products
and the architectural and industrial
-------
26
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309;
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AI62
2768. • NESHAP: NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
STANDARDS FOR HAZARDOUS
WASTE COMBUSTORS; PM
STANDARDS AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On October 12, 2005, EPA
promulgated national emission
standards for hazardous air pollutants
from new and existing hazardous waste
combustors. Subsequently, the
Administrator received four petitions
for reconsideration of the final rule.
Two petitioners requested that EPA
reconsider the particulate matter
standard for new cement kilns. On
March 23, 2006, EPA published a
Federal Register notice granting the
petitioners' request for reconsideration
on that issue and proposing a revised
particulate matter standard for kiln
combustion emissions. In response to
the proposed rule, two commenters
requested that the Agency adopt an
alternative measurement approach to
show compliance with the particulate
matter standard when a certain cement
plant design is used.
The cement plant design at issue would
use heat from the clinker cooler
exhaust, in addition to kiln combustion
gas that traditionally is used, to dry the
incoming raw material feed to the kiln.
Combining the clinker cooler and the
kiln combustion exhausts, each of
which are subject to a different
particulate matter standard (i.e., 40 CFR
part 63, subparts LLL and EEE,
respectively), into a single gas stream
presents a measurement issue that the
Agency did not anticipate when
promulgating the particulate matter
standards. This rulemaking would not
revise either of these particulate matter
standards, but would provide a
methodology to assess compliance with
the particulate matter standards when
a source elects to combine these
exhaust streams.
The Agency is aware of only one new
cement operation that currently
proposes to use this configuration.
However, we anticipate that additional
facilities will use similar designs in the
future because this kiln system design
beneficially uses available hot clinker
collier exhaust gases that would
otherwise be vented to the atmosphere.
In order to ensure a consistent
approach to regulating similar facilities,
the Agency believes that it is
appropriate to address the compliance
issues raised by this design through a
single rulemaking rather than a series
of separate alternative compliance
demonstration requests.
Timetable:
Action
Date
FR Cite
NPRM
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5231;
URL For More Information:
www. epa.gov/hwcmact
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 703 308-8476
Email: behan.frank@epamail.epa.gov
Jesse Miller, Environmental Protection
Agency, Solid Waste and Emergency
Response, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 703 308-1180
Email: miller.jesse@epamail.epa.gov
RIN: 2050-AG43
2769. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(b)(5) et
seq
CFR Citation: 40 CFR 63 subpart SS;
40 CFR 63.8; 40 CFR 60 app B; 40 CFR
60 app F
Legal Deadline: None
Abstract: The PS-17 and QA Procedure
4 would apply to continuous parameter
monitoring systems (CPMS) that are
required under an applicable subpart to
parts 60, 61, or 63. Therefore, this
rulemaking would not require the
installation or operation of additional
CPMS. The specific types of CPMS
covered by the proposed PS-17 and QA
Procedure 4 are those that are used to
measure and record temperature,
pressure, liquid flow rate, gas flow rate,
mass flow rate, pH, or conductivity on
a continuous basis. The proposed PS-
17 establishes procedures and other
requirements that will help to ensure
that CPMS are properly selected,
installed, and placed into operation.
The proposed QA Procedure 4 specifies
procedures that will help to ensure that
CPMS provide quality data on an
ongoing basis. The proposed
amendments to QA Procedure 1, of 40
CFR 60, appendix F, add provisions to
address GEMS that are used to monitor
multiple pollutants and are subject to
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
27
EPA—Clean Air Act (CAA)
Proposed Rule Stage
PS-9 or PS-15. The amendments to 40
CFR 63, subpart A, ensure consistency
among the proposed PS-17, QA
Procedure 4, and the General
Provisions to part 63. The amendments
to section 63.996(c) of 40 CFR 63,
subpart SS, ensure consistency among
PS-17, QA Procedure 4, and the
monitoring requirements of subpart SS.
Timetable:
Action
Date FR Cite
NPRM
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584;
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-4116
Fax: 919 541-1039
Email: schell.bob@epa.gov
RIN: 2060-AJ86
2770. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rulemakings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
2771. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 82, subpart F
Legal Deadline: None
Abstract: This rulemaking will propose
changes and amendments to the
refrigerant leak repair regulations (40
CFR 82, subpart F) promulgated under
Section 608 of the Clean Air Act. The
goal of the regulations is to protect the
stratospheric ozone layer by
promulgating regulations that reduce
the use and emissions of ozone-
depleting refrigerants to the lowest
achievable level. This proposal will
clarify the leak repair regulations by
requiring that owners and operators of
comfort cooling, commercial
refrigeration, and industrial process
refrigeration appliances that have
ozone-depleting charges greater than 50
pounds calculate leak rates, verify all
repairs, and document repair efforts.
This rulemaking will provide further
clarity by adding definitions and
discussing compliance scenarios.
Additional Information: SAN No. 4633; Timetable:
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
48691 Pipeline Transportation of
Refined Petroleum Products
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9305
Fax: 202 233-9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9034
Fax: 202 565-2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
Action
Date FR Cite
NPRM
Final Action
07/00/08
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4856;
URL For More Information:
www.epa.gov/ozone/title6/608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 343-2338
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
-------
28
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2772. NESHAP: AREA SOURCE
STANDARDS FOR MISCELLANEOUS
CHEMICAL MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial,
December 15, 2008, One often area
source category standards to be
promulgated by 12/15/2008 as per
3/31/2006 order.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in
pursuant to Clean Air Act section
112(c)(3) for the chemical
manufacturing industry. The rule will
cover the manufacturing of industrial
organic chemicals, inorganic chemicals,
Pharmaceuticals, pesticides, inorganic
pigments, synthetic rubber, and plastic
materials. These source categories were
listed for regulation under the Urban
Air Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM19
2773. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2007, 12 of 10 area source
categories to be promulgated by
12/15/07.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section
112(k) requires development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT). The Integrated Air
Toxics Strategy lists industrial boilers
and commercial/institutional boilers as
area source categories. Both industrial
boilers and institutional/commercial
boilers are on the list of section
112(c)(6) source categories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/08
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4884;
EPA Docket information: EPA-HQ-OAR-
2006-0790
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, RTF, NC
27711
Phone: 919 541-5426
Email: eddinger.jim@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
2774. REQUEST FOR COMMENTS ON
POTENTIALLY INADEQUATE
MONITORING IN CLEAN AIR
APPLICABLE REQUIREMENTS AND
ON METHODS TO IMPROVE SUCH
MONITORING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Legal Deadline: None
Abstract: This project is part of a four-
pronged approach to improve emissions
monitoring in air regulations. The
purpose of this project is to identify
and update existing regulations with
poor or no emissions monitoring
provisions. More specifically, the
purpose of this project is to review
Parts 60, 61, and 63 regulations where
the emissions monitoring provisions are
deemed inadequate to provide a
reasonable assurance of compliance. An
ANPRM was published asking for
comments on updating existing
regulations with poor or no emissions
monitoring provisions. A response to
comments document has been
prepared. In addition, a database
including the initial review? of the
emissions monitoring provisions'
inadequacies of Parts 60, 61, and 63
rules has been completed.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
02/16/05 70 FR 7905
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4699.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/February/Day-16/a2995.htm;
Split from RIN 2060-AK29; EPA Docket
information: EPA-HQ-OAR-2003-0180
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-5135
Fax: 919 541-1039
Email: driscoll.tom@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-05, RTF, NC 27711
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
29
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AM63
2775. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAP) from surface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such state) or the National
Aeronautics and Space Administration
and the surface coating of military
munitions manufactured by or for the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such state).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently-promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking will
address all surface coating activities at
these installations that do not meet the
applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5580
Email: teal.kim@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM84
2776. 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.
Timetable:
Action
Date
FR Cite
NPRM 05/00/08
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,
D220B, RTF, NC 27711
Phone: 919 541-4048
Email: langdon.robin@epa.gov
RIN: 2060-ANOO
2777. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Substitutes which
are deemed by EPA to be unacceptable
or acceptable subject to use restrictions
must go through notice and comment
rulemaking. Substitute lists are updated
intermittently depending on the volume
of notifications. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
extinguishing systems, EPA is revising
its listing of carbon dioxide as an
acceptable total flooding substitute for
ozone-depleting halons to acceptable
subject to narrowed use limits. Use
would be limited to unoccupied areas
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
-------
30
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
automobile paint rooms and in marine
applications such as machinery spaces.
Restricted use limits on carbon dioxide
total flooding systems supports the use
of substitutes that are not potentially
lethal to personnel that could be
exposed.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM 09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4991;
URL For More Information:
www.epa.gov/ozone/snap
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Email: maranion.bella@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AN30
2778. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION, AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210 to 217
Legal Deadline: None
Abstract: This action would amend the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958) and
originally promulgated on July 10, 2002
(67 FR 45886) but were vacated by the
D.C. Circuit on June 18, 2004 in
Mossville Environmental Action v.
EPA, 370 F. 3d 1232 (D.C. Cir. 2004).
This action ensures 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.
Action
Date FR Cite
NPRM
Final Action
03/00/09
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
EPA Docket information: EPA-HQ-OAR-
2002-0037
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3078
Fax:919-541-0246
Email: nizich.greg@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN33
2779. NESHAP: SITE REMEDIATION
AMENDMENTS—RESPONSE TO
LITIGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart
GGGGG
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. We were challenged by the
Sierra Club on several provisions in the
rule. We anticipate that settlement
negotiations will result in certain
revisions to the rule's requirements.
The revisions could remove an
exemption for certain sources thereby
increasing the compliance costs of the
final rule by up to $7.7 million.
Timetable:
Action
Date
FR Cite
NPRM 02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1; Split from RIN 2060-AM30.;
EPA Docket information: EPA-HQ-OAR-
2002-0021
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3078
Fax: 919-541-0246
Email: nizich.greg@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
2780. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Other Significant
Legal Authority: Clean Air Act 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5015
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN46
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
31
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2781. NESHAP: AREA SOURCE
STANDARDS—PAINT AND ALLIED
PRODUCTS MANUFACTURING
Priority: Other Significant
Legal Authority: Clean Air Act 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial, lime
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
Paint and Allied Products
manufacturing industry. This source
category was listed for regulation under
EPA's Urban Air Toxic Strategy to
address HAP emissions from area
sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/08
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016;
Agency Contact: Melissa Payne,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-3609
Fax: 919 541-0242
Email: payne.melissa@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN47
2782. PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE U.S.
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This regulation will
streamline the process for importing
used ozone-depleting substances for
destruction into the U.S. This will
further reduce the amount of
substances that could otherwise harm
the ozone layer.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/08
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5017;
EPA Docket information: EPA-HQ-OAR-
2006-0130
URL For More Information:
www. epa.gov/ozone
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
RIN: 2060-AN48
2783. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
THE SALE OR DISTRIBUTION OF
PRE-CHARGED APPLIANCES
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the potential continued imports of
appliances pre-charged with HCFCs
after the phaseout of production and
importation of bulk substances. Similar
concerns resulted in the banning the
imports of refrigeration appliances pre-
charged with CFCs after the 1996
phaseout of production and import of
bulk substances. Therefore, EPA is
propose regulations to ban the imports
of HCFC pre-charged products under
the provisions within Title VI of
CAAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5052;
EPA Docket information: EPA-HQ-OAR-
2007-0163
URL For More Information:
www. epa.gov/ozone/title6
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AN58
2784. 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 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 State
operating permit programs. 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
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32
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
requirement in federal courts, and not
to the effectiveness of PTE limits as
well.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
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
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C504-03, RTF, NC 27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN65
2785. 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
National Ambient Air Quality
Standards (NAAQS) for lead under
section 109 of the Clean Air Act (43
FR 46258). Both primary (health based)
and secondary (welfare) standards were
set at a level of 1.5 |ig/m3 as a quarterly
average (maximum arithmetic mean
averaged over a calendar quarter).
Subsequent to this initial standard-
setting, the Clean Air Act requires that
the standard be reviewed periodically.
The last such review occurred during
the period 1986 to 1990. For that
review?, an Air Quality Criteria
Document (AQCD) was completed in
1986 with a supplement in 1990. Based
on information contained in the AQCD,
an EPA Staff Paper and Exposure
Assessment were prepared. Following
the completion of these documents, the
agency did not propose any revisions
to the 1978 Pb NAAQS. The current
review? of the Pb air-quality criteria was
initiated in November 2004 by EPA's
National Center for Environmental
Assessment (NCEA) with a general call
for information published in the
Federal Register. In January 2005,
NCEA released a work plan for the
review? and revision of the Pb AQCD.
Workshops were held to provide author
feedback on a developing draft of the
AQCD in August 2005. The draft AQCD
was released December 1, 2005. The
EPA Office of Air Quality Planning and
Standards 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. A final Staff
Paper was completed on November 1,
2007. An ANPRM was published in
December 2007 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.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
12/17/07
05/00/08
09/00/08
FR Cite
72 FR 71488
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5059;
EPA Docket information: EPA-HQ-OAR-
2006-0735
Agency Contact: Ginger Tennant,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, 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,
RTF, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN83
2786. TITLE V RULEMAKING TO
CLARIFY CERTAIN PROVISIONS OF
THE OPERATING PERMIT RULES IN
RESPONSE TO CAAA COMMITTEE
RECOMMENDATIONS READY FOR
PROGRAM OFFICE APPROVAL
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This action addresses three
potential improvements to the
regulations implementing the Clean Air
Act's title V operating permits program.
These improvements were
recommended to EPA by a Task Force
that recently reviewed the
implementation and performance of the
program. 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. The action will focus on
three of the issues that the Task Force
addressed as important, and will take
into account their perspectives on how
best to address them. The
recommendations include: (1) clarifying
the use of permit modification
processes for administrative
amendments and minor permit
modifications, (2) the treatment of
insignificant emission units (lEU's) in
permits, and (3) alternatives to
newspaper notices for public notice
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5079;
Agency Contact: Jennifer Snyder,
Environmental Protection Agency, Air
and Radiation, C504-05, RTF, NC
27711
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
33
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-3003
Fax: 919 541-5509
Email: snyder.jennifer@epamail.epa.gov
luan Santiago, Environmental
Protection Agency, Air and Radiation,
D504-03, RTF, NC 27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN93
2787. REGULATION OF FUELS AND
FUEL ADDITIVES: REVISED
DEFINITION OF SUBSTANTIALLY
SIMILAR RULE FOR ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule would revise EPA's
gasoline-engine emission regulations to
allow the use of the latest version of
ASTM technical standards for Alaska.
Gasoline-powered engines in Alaska
face special challenges. Extremely cold
winter temperatures increase the risk
that engines using typical gasoline
blends will suffer from difficulty in
cold starting. To address these unique
circumstances, the new ASTM 4814-04
standards for gasoline include special
subclasses for gasoline used in
extremely cold conditions. The new
parameters enhance vehicle cold start
and warm-up performance by allowing
slightly different volatility
characteristics for gasoline. Current
EPA regulations only allow the use of
the older 1988 version of the ASTM
gasoline standards, which do not
address Alaska's cold climate. This
rulemaking is intended to adopt new
specifications by changing the
"Substantially Similar" definition to
include the new standards in ASTM
4814-04 for Alaska only. This action is
supported by automobile manufacturers
and Alaska refiners.
Timetable:
Action
Date
FR Cite
NPRM 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5080;
Agency Contact: Jaimee Dong,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9672
Fax: 202 343-2802
Email: dong.jaimee@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9022
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AN94
2788. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule was promulgated in
2003 in 40 CFR Part 63 subpart IIIII
(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 U.S. 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.
Timetable:
Action
Date
FR Cite
NPRM 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5095;
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AN99
2789.
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATION UNITS-
RESPONSE TO REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 15, 2008, As per 12/04/2007
modification of Consent Order.
Final, Judicial, September 15, 2009, As
per 12/04/2007 modification of Consent
Order.
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.
On February 6, 2007, EPA published
a proposal that responded to the
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34
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
questions raised in the Court's remand
and also addressed the CAA section
129(a)(5) requirement that EPA review
and, if necessary, revise standards
developed under section 129 every 5
years. Recent Court decisions that
impact the February 2007 proposal, as
well as issues raised in the public
comments regarding that proposal,
necessitate a reproposal of responses to
the questions raised in the Court's
remand. The 5-year review? will not be
addressed in the reproposal. 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.
Timetable:
Action
Original NPRM
Reproposal
Final Action
Date FR Cite
02/06/07 72 FR 55 10
12/00/08
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5071;
EPA publication information: Original
NPRM—
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/February/Day-06/al617.htm;
NPRM is a reproposal of remand
response; EPA Docket information:
EPA-HQ-OAR-2006-0534
URL For More Information:
www.epa.gov/ttn/atw/129/hmiwi/
rihmiwi.html
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO04
2790. NESHAP: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: A final rule for this source
category was published on November
10, 2003. Several parties petitioned the
rule. 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 Hazardous Organic
NESHAP rulemaking (HON), the change
will be made to the wastewater
standards in the HON.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/08
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4891.1; Split from RIN 2060-AM43.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO07
2791. AIR QUALITY INDEX
REPORTING AND SIGNIFICANT HARM
LEVEL FOR PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58.50; 40 CFR
58 app G; 40 CFR 51.150 subpart H
Legal Deadline: None
Abstract: On July 23, 1999, EPA
adopted revisions to the uniform air
quality index used by States for daily
air quality reporting to the general
public in accordance with section 319
of the Clean Air Act (Act). These
changes included the addition of the
following elements: a new category
described as "unhealthy for sensitive
groups"; two new requirements, 1) to
report a pollutant-specific sensitive
group statement when the index is
above 100, 2) to use specific colors if
the index is reported in a color format;
new breakpoints for the ozone (O3)
sub-index in terms of 8-hour average
O3 concentrations; a new sub-index for
fine particulate matter (PM2.5); and
conforming changes to the sub-indices
for coarse particulate matter (PM10),
carbon monoxide (CO), and sulfur
dioxide (SO2). In addition, EPA
changed the name of the index from
the Pollutant Standards Index to the
Air Quality Index (AQJ). The revisions
enhance the communication of
pollutant-specific health effects
information to members of sensitive
groups, including precautionary actions
that can be taken by individuals to
reduce exposures of concern. The
revisions also enhance the usefulness
of the AQJ 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
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
35
EPA—Clean Air Act (CAA)
Proposed Rule Stage
ever reaching this level. There is not
currently an SHL for PM2.5. The SHL
is typically the same concentration as
the 500 level of the AQI. So along with
revising the AQI for PM2.5, we will
also set an SHL for PM2.5.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5115;
EPA Docket information: EPA-HQ-OAR-
2007-0195
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, NC
27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Phil Lorang, Environmental Protection
Agency, Air and Radiation, C304-04,
RTF, NC 27711
Phone: 919 541-5463
Email: lorang.phil@epa.gov
RIN: 2060-AOll
2792. COMMERCIAL AND INDUSTRIAL
SOLID WASTE INCINERATION UNITS;
RESPONSE TO REMAND OF NEW
SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 62
Legal Deadline: None
Abstract: This action will propose
EPA's response to the remand of the
Commercial and Industrial Solid Waste
Incineration (CISWI) New Source
Performance Standards and Emission
Guidelines under section 129 of the
CAA, and this action will include
revised definitions in accordance with
the recent vacatur of the CISWI
Definitions Rule. This action also will
propose several other amendments to
the standards. We are considering
covering the following types of units
located at commercial or industrial
facilities that currently are not covered
under CISWI: Units with waste heat
recovery, units that burn more than 30
percent municipal solid waste at
commercial/industrial facilities, and
cyclonic burn barrels. We also will
clarify provisions regarding air curtain
incinerators, the exemption for
chemical recovery units, the exemption
for spent sulfuric acid production,
startup and shutdown, and the
definition of clean wood waste. Finally,
in response to the voluntary remand of
the CISWI rules, we will examine and
revise as appropriate the methodology
for developing the MACT floors and
emission limits.
Timetable:
Action
Date
FR Cite
NPRM 04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5105;
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
RIN: 2060-AO12
2793. NESHAP: FERROALLOYS
PRODUCTION—AREA SOURCE
STANDARDS
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2008.
Abstract: Sectionll2 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 33 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists ferroalloys production as
an area source category. Pollutants
emitted include mostly metallic HAP
such as manganese, nickel, 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 six area source facilities in
the U.S. An informal information
collection request was sent out to the
facilities that use electric arc furnaces
for production in July 2006.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/08
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 5122;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27709
Phone: 919 541-1512
Fax: 919 541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO13
2794. NESHAP: PORTLAND CEMENT
NOTICE OF RECONSIDERATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: Final, Judicial,
December 20, 2007, Litigation stayed
-------
36
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
until 12/20/07—date we indicated to
court we would complete the
reconsideration. May request extension
from court.
Abstract: On December 20, 2006, we
published final amendments to the
Portland Cement NESHAP. These
amendments were in response to a
remand by the B.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), and a
reconsideration of 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 the
reconsiderations published in the
notice, we subsequently agreed to
reconsider the decision not to regulate
HC1, and the existing source standards
for mercury and total hydrocarbons.
We stated in the notice that we would
complete reconsideration by December
20, 2007. However, this date has been
moved back due to the extensive data
gathering and analysis now involved.
As part of this effort, we are requesting
that four cement facilities that have wet
scrubbers for SO2 control perform inlet
and outlet testing for speciated mercury
emissions and submit the test data to
EPA to be used in the reconsideration
for the new source mercury standard.
Due to the impacts of the decision of
the D.C. Circuit Court on the Brick
Manufacturing NESHAP, we also
performed significant additional data
gathering on information on cement
kiln mercury and total hydrocarbon
inputs and emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/08
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Tribal
Additional Information: SAN No.
4585.1; Split from RIN 2060-AJ78.; EPA
Docket information: EPA-HQ-OAR-
2002-0051
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO15
2795. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
FAMILY OF
HYDROFLUOROPOLYETHERS
(HFPES) AND HFE-347PC-F
Priority: Substantive, Nonsignificant
Legal Authority: CAA Title I
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5131;
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AO17
2796. RECONSIDERATION OF
STATIONARY COMBUSTION TURBINE
NSPS (SUBPART KKKK)
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is granting
reconsideration on several relatively
minor issues in the recently finalized
stationary combustion turbine NSPS
rule, subpart KKKK. The final rule does
not require NOx continuous emission
monitors (GEMS), but many new
turbines will be required to install
GEMS due to other regulatory
programs. The credible evidence rule
requires that units with GEMS
demonstrate continuous compliance.
Issues under reconsideration include if
EPA should add a detailed
methodology for units with GEMS to
determine and report compliance under
all situations. EPA will also be
proposing to clarify that new and
reconstruction shall be determined by
looking only at the stationary
combustion turbine engine itself.
Any changes that result from the
reconsideration are not anticipated to
result in additional controls being
required or an increase in compliance
costs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/08
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5116;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
37
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, RTF, NC
27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AO23
2797. NESHAP—AREA SOURCE
STANDARDS—NINE METAL
FABRICATION AND FINISHING
SOURCE CATEGORIES (12 SICS, 23
NAICS CODES)
Priority: Substantive, Nonsignificant
Legal Authority: CAA H2(k)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, Court ordered deadline.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources 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.
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
were identified from the 1990 HAP
inventory 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), and
(9) Valves and Pipe Fittings (SIC 3494).
These 9 industry sectors have common
and similar metal fabrication and
finishing processes: dry abrasive
blasting, Dry machining/grinding,
painting, and welding.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
04/03/08 73 FR 18333
05/05/08
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5135;
Agency Contact: Donnalee Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO27
2798. CONTROL OF EMISSIONS FROM
NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 1042
Legal Deadline: None
Abstract: Emissions from Category 3
marine engines (greater than 30 liters
per cylinder) contribute significantly to
unhealthful levels of ambient
particulate matter and ozone in many
parts of the United States. These
engines are highly mobile and are not
easily controlled at a state or local
level. EPA currently regulates marine
diesel engines on ships flagged in the
United States. This rulemaking will
consider new standards for oxides of
nitrogen and particulate matter.
Technologies under consideration
include aftertreatment devices and the
use of distillate or low sulfur fuel. This
rule will consider whether it is
appropriate to apply these standards to
foreign flagged vessels that use U.S.
ports.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
12/07/07
12/00/08
12/00/09
FR Cite
72 FR 69521
Government Levels Affected: Federal
Additional Information: SAN No. 5129;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
07/a23556.htm; EPA Docket
information: EPA-HQ-OAR-2007-0121
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Jean-Marie Revelt, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO38
2799. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS—
NONMETALLIC MINERALS
Priority: Other Significant
Legal Authority: CAA
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, April 16, 2009, As per
11/16/2006 Consent Decree.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act mandates that EPA
review and if appropriate revise
existing NSPS at least every 8 years.
The NSPS was initially promulgated on
August 1, 1985. The NSPS was
reviewed in the mid-1990's. Final
revisions for that review? were
promulgated on June 9, 1997. On
October 2006, EPA entered into a
consent decree with the Sierra Club
and other environmental groups. The
decree requires proposal of any further
revisions by April 2008 and final
revisions promulgated on April 2009.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5145;
-------
38
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO41
2800. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS-
PORTLAND CEMENT
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60 subpart F
Legal Deadline: NPRM, Judicial, May
31, 2008, Court ordered deadline.
Final, Judicial, May 31, 2009, Court
ordered deadline.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants from new stationary sources.
The Portland Cement NSPS were
originally promulgated in 1971, and
last reviewed in 1988. Section 111 of
the Clean Air Act requires that NSPS
be reviewed every 8 years, and revised
as appropriate, so the review is
overdue. The Sierra Club filed a lawsuit
to compel us to perform this review.
We have agreed to review the NSPS
and propose any appropriate changes
by May 31, 2008, and to promulgate
the final changes by May 31, 2009.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/08
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5143;
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO42
2801. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS
(SUBPART UUU)—MINERAL
DRYERS/CALCINERS
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section lll(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 will be obtained
from various stakeholders to obtain
determine their recommendations on
revisions to the standards.
Timetable:
Action
Date FR Cite
NPRM
08/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5142;
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO43
2802. MEASUREMENT OF PM 2.5 AND
PM 10 EMISSIONS BY DILUTION
SAMPLING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
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 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 that do not
meet the ambient air standards of the
national ambient air quality standards.
Timetable:
Action
Date
FR Cite
NPRM 04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5155;
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
39
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO50
2803. STANDARDS OF
PERFORMANCE FOR COAL
PREPARATION PLANTS:
AMENDMENTS
Priority: Other Significant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60, subpart Y
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, April 16, 2009, As per
11/16/2006 Consent Decree.
Abstract: EPA entered into a consent
decree to propose amendments to 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 p articulate
emissions standard to reflect the
performance of current control
technologies and updated monitoring
requirements. In addition, EPA
anticipates setting work practice
standands to control fugitive PM
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5144;
EPA publication information: NPRM-
No;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Neuffer, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
RIN: 2060-AO57
2804. AMEND METHODS 201A AND
202 OF 40 CFR 51 APPENDIX M TO
IMPROVE MEASUREMENT OF FINE
PM
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: This action adds new
procedures to two methods required in
State Implementation Plans to measure
fine PM or PM 2.5 with condensable
emissions. Method 201a is amended to
add procedures and equipment
specifications for use of 2.5 micron size
cut cyclone that 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 that includes
condensable emissions is required.
These amendments improve the
accuracy and precision of current
version of Method 202.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5147;
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AO58
2805. CLARIFICATION OF
RECONSIDERATION OF NEW
SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY, INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL STEAM
GENERATING UNITS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, May
30, 2008.
Final, Judicial, November 28, 2008.
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 burning low sulfur oil
are exempt from continuously
monitoring opacity, adding monitoring
requirements for subpart D units
complying with the optional 30 day
SO 2 standard, clarifying control device
monitoring requirements for new utility
units that do not install PM GEMS, and
clarifying requirements for industrial
sources burning coke oven gas. The
amendments will not change the cost
of the rule.
Timetable:
Action
Date
FR Cite
NPRM 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5174;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, RTF, NC
27711
Phone: 919 541-5430
-------
40
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AO61
2806. PLYWOOD AND COMPOSITE
WOOD PRODUCTS (PCWP) NESHAP—
AMENDMENTS TO ADDRESS "NO
EMISSION REDUCTION" MACT
FLOORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
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.)
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
10/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5185;
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO66
2807. PULP AND PAPER SECTOR
MODEL RULE
Priority: Substantive, Nonsignificant
Legal Authority: State implementation
plans
CFR Citation: Not Yet Determined
Legal Deadline: None
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 SO2 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 SO2 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.
Timetable:
Action
Date
FR Cite
NPRM 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5186;
Agency Contact: Elizabeth Palma,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5432
Fax: 919 541-3470
Email:
palma.elizabeth@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO67
2808. PROTECTION OF
STRATOSPHERIC OZONE: LABELING
OF PRODUCTS USING HCFCS
Priority: Other Significant
Legal Authority: 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action will require a
warning statement 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 requiring a warning statement for
all class I and II containers and
products of class I substances. A
warning statement will help consumers
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.
Timetable:
Action
Date FR Cite
NPRM 11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5151;
URL For More Information:
www.epa.gov/ozone/title6/labeling/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9337
Fax: 202 343-2338
Email: shimamura.monica@epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9749
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
41
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AO68
2809. ADOPTION OF INTERNATIONAL
NOX STANDARD FOR AIRCRAFT
ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7571
CFR Citation: 40 CFR 87 (Revision)
Legal Deadline: None
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.
Timetable:
Action
Date FR Cite
NPRM
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5153;
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, 2000 Traverwood Dr.,
Ann Arbor, MI 48105
Phone: 734 214-4832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
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-AO70
2810. OPPORTUNITY TO PROVIDE
FEEDBACK TO THE AGENCY ON
EMISSIONS STANDARDS FOR
STATIONARY DIESEL ENGINES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this ANPRM
was 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
iii. Appropriate controls for those
engines
iv.Recordkeeping and reporting
requirements.
The comments from this ANPRM will
be addressed in a NPRM and Final in
the future.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
01/24/08 73 FR 4136
02/25/08
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5166;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2008/January/Day-24/alll8.htm;
EPA Docket information: EPA-HQ-OAR-
2007-0995
Agency Contact: Chris Stoneman,
Environmental Protection Agency, Air
and Radiation, C304-01, Durham, NC
27703
Phone: 919 541-0823
Fax: 919 541-0072
Email: stoneman.chris@epamail.epa.gov
Gregory Green, Environmental
Protection Agency, Air and Radiation,
C304-01, Durham, NC 27703
Phone: 919 541-2769
Fax: 919 541-0501
Email: green.gregory@epamail.epa.gov
RIN: 2060-AO73
2811.* PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTMENTS TO THE ALLOWANCE
SYSTEM FOR CONTROLLING HCFC
PRODUCTION, IMPORT, AND EXPORT
Priority: Other Significant
Legal Authority: 42 USC 7414, 7601,
7671 to 7671q
CFR Citation: 40 CFR 82 subpart A
Legal Deadline: None
Abstract: Through this action, EPA
seeks to adjust the allowance system
that controls the U.S. consumption and
production of ozone-depleting
substances (ODSs) known as
hydrochlorofluorocarbons (HCFCs) to
lower the amount of available
allowances. While much less
destructive to stratospheric ozone than
chlorofluorocarbons (CFCs), HCFCs
contribute to ozone depletion and
alternatives are generally available. The
HCFC allowance system is part of
EPA's program to reduce the emissions
of ODSs to protect the stratospheric
ozone layer. Protection of the
stratospheric ozone layer helps reduce
rates of skin cancer and cataracts. The
U.S. is obligated under the Montreal
Protocol on Substances that Deplete the
Ozone Layer to limit HCFC
consumption and production in a
stepwise fashion achieving specific
levels by specific dates. The first major
reduction occurred January 1, 2004.
This rulemaking concerns the next
major milestone, a reduction to 75
percent below the production and
consumption baselines beginning
January 1, 2010.
Timetable:
Action
Date
FR Cite
NPRM 07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5224;
URL For More Information:
www.epa.gov/ozone/title6/phaseout/
classtwo.html
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO76
-------
42
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2812. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2009
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7414; 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is seeking to allocate
essential use allowances for import and
production of Class I stratospheric
ozone depleting substances for calendar
year 2009. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5234;
URL For More Information:
www.epa.gov/ozone/title6/exemptions/
essential.html
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AO77
2813. • PROTECTION OF
STRATOSPHERIC OZONE: THE 2009
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 767lc(d)(6)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is authorizing uses that
will qualify for the 2009 critical use
exemption from the phaseout of methyl
bromide. This action also authorizes
the amount of methyl bromide that may
be produced, imported, or supplied
from inventory for those uses in 2009.
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 19th Meeting of the Parties.
Timetable:
Action
Date
FR Cite
NPRM 06/00/08
Final Action 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5235;
EPA Docket information: EPA-HQ-OAR-
2008-0009
URL For More Information:
www.epa.gov/ozone/mbr
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Email: arling.jeremy@epamail.epa.gov
Staci Gatica, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202 343-9469
Email: gatica.staci@epamail.epa.gov
RIN: 2060-AO78
2814. • REGULATION TO ESTABLISH
MANDATORY REPORTING OF
GREENHOUSE GASES FROM
UPSTREAM FUEL AND CHEMICAL
PRODUCERS AND IMPORTERS AND
DOWNSTREAM EMITTERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sees 114
and 208
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
September 26, 2008, FY08 Consolidated
Appropriations directed EPA to publish
a proposal 9 months after enactment.
Final, Statutory, June 26, 2009, FY08
Consolidated Appropriations directed
EPA to publish final 18 months after
enactment.
Abstract: This rulemaking would
establish monitoring, reporting and
recordkeeping requirements on
facilities that produce, import or emit
greenhouse gases above a specific
threshold in order to inform future
regulatory policy options related to
greenhouse gases. The rulemaking
responds to the legislative mandate to
develop such a rule, which was
contained in the FY08 Consolidated
Appropriations Act.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5242;
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Reid Harvey, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202 343-9429
Email: harvey.reid@epamail.epa.gov
RIN: 2060-AO79
2815. • RENEWABLE FUELS
STANDARD PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: CAA 2ll(o)
CFR Citation: 40 CFR 86, 40 CFR 80
Legal Deadline: Final, Statutory,
December 19, 2008.
Abstract: This action will implement
certain provisions in Title II of the 2007
Energy Independence and Security Act
that amend Section 211 (o) of the Clean
Air Act. The new law sets a modified
standard for renewable fuels increasing
the national requirement to 9.0 billion
gallons in 2008 and rising to 36 billion
gallons by 2022. Of the latter total, 21
billion gallons is required to be
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
43
EPA—Clean Air Act (CAA)
Proposed Rule Stage
obtained from cellulosic ethanol and
other advanced biofuels. Starting in
2016, all of the increase in the RFS
target must be met with advanced
biofuels, defined as cellulosic ethanol
and other biofuels derived from
feedstock other than corn starch—with
explicit standards for cellulosic biofuels
and biomass-based diesel. Renewable
fuels produced from new biorefineries
will be required to reduce by at least
20 percent the life cycle greenhouse gas
(GHG) emissions relative to life cycle
emissions from gasoline and diesel.
Timetable:
Action
Date FR Cite
NPRM
11/00/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5250;
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington,
DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: korotney.david@epamail.epa.gov
RIN: 2060-AO81
2816. • NSPS FOR EQUIPMENT
LEAKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule amends the new
source performance standards for
equipment leaks in 40 CFR Part 60
subparts VV, VVa, GGG, and GGGa,
which was signed by the Administrator
October 31, 2007 and published
November 16, 2007. We are preparing
the amendments to address concerns
raised in a petition for reconsideration
from the American Chemistry Council
(ACC), American Petroleum Institute
(API), and National Petrochemical
Refiners Association (NPRA). Under
this reconsideration we are amending
4 requirements: (1) The definition of
process unit as it relates to the
allocation of shared storage vessels, (2)
the provisions for allocating shared
storage vessels to process units, (3)
connector monitoring for subpart VVa,
and (4) the capital expenditure
definition in subpart VVa.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5035.1; EPA publication information:
NPRM; Split from RIN 2060-AN71.;
EPA Docket information: EPA-HQ-OAR-
2006-0699
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, NC
27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO90
2817. • RISK TECHNOLOGY PHASE
GROUP 2A
Priority: Other Significant
Legal Authority: CAA H2(f)(2),
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is the Risk and
Technology Review? (RTR) Group 1 and
its title is: National Emission Standards
for Hazardous Air Pollutant Emissions:
Group I Polymers and Resins
(Epichlorohydrin Elastomers
Production, HypalonTM Production,
Nitrile Butadiene Rubber Production,
Polybutadiene Rubber Production, and
Styrene Butadiene Rubber and Latex
Production); National Emission
Standards for Marine Vessel Loading
Operations; National Emission
Standards for Hazardous Air Pollutants
for Mineral Wool Production; National
Emission Standards for Pharmaceuticals
Production; and National Emission
Standards for the Printing and
Publishing Industry.
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/08
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.2; Split from RIN 2060-AN85.
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO91
2818. • RISK TECHNOLOGY PHASE II
GROUP 2B
Priority: Other Significant
Legal Authority: CAA H2(f)(2),
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: We intend to propose an
NPRM in summer 2008 and promulgate
the final action by December 2008 for
the RTR Phase II Group 2 source
categories listed below. 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
3 MACT standards covering 3 source
-------
44
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
categories and the associated NAICS
codes are listed below. These source
categories were selected due to
schedule deadlines, our confidence in
the data (we started risk assessments
for a few of these source categories and
data were supplied directly by those
facilities), and we anticipate these
source categories require more time
since preliminary assessment of
residual risk for these source categories
showed higher risk and possible
multipathway concerns. The Primary
Aluminum, Group IV Polymers and
Resins, and Shipbuilding source
categories have been moved from this
package into a new group, Group 2C,
with a later promulgation date.
Aerospace Manufacturing and Rework
Facilities, 336411
Natural Gas Transmission and Storage,
486210
Oil and Natural Gas Production, 211
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/08
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.3; Split from RIN 2060-AN85.
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, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO92
2819. • NESHAP: AREA SOURCE
STANDARDS FOR NONFERROUS AND
COPPER FOUNDRIES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
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 these two area
source categories by June 15, 2009.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/08
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5189;
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-3223
Fax: 919 541-0242
Email: blais.gary@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO93
2820. • NESHAP: AREA SOURCE
STANDARDS—ASPHALT ROOFING
MANUFACTURE
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112(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 asphalt roofing production
as an area source category. The
pollutant emitted from this category is
polycyclic aromatic hydrocarbons
(PAH). In asphalt roofing
manufacturing, processed or modified
asphalt (also called modified bitumen)
is applied to a fibrous substrate
(typically made of fiberglass or organic
felt) to produce roofing shingles and
other roofing products. This source
category is currently regulated under
both the new source performance
standards (NSPS) and the national
emission standards for hazardous air
pollutants (NESHAP) for major sources.
There are approximately 90 area source
facilities in the U.S.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5191;
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: Johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO94
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
45
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2821. • PROPOSED RULE TO
IMPLEMENT THE 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARD: ANTI-BACKSLIDING
PROVISIONS ON SECTION 185
PENALTY FEES UNDER FORMER
1-HOUR OZONE STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action
revises the rule for implementation of
the 8-hour ozone national ambient air
quality standard (NAAQS) to address
partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia
Circuit. The revision addresses the
Section 185 penalty fee requirements
that apply as anti-backsliding measures
under the now-revoked 1-hour ozone
NAAQS. The section 185 penalty fee
requirement would apply to areas that
were classified as severe or extreme
under the former 1-hour ozone
standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/08
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5193;
Agency Contact: Denise Gerth,
Environmental Protection Agency, Air
and Radiation, C504-01, RTF, NC
27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, C504-01,
RTF, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov4
RIN: 2060-AO95
2822. • PROPOSED RULE TO
IMPLEMENT THE 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARDS: REVISIONS FOR
SUBPART 1 AREAS AND 1-HOUR
CONTINGENCY MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action
proposes revisions to the Phase 1 and
Phase 2 rule for implementation of the
8-hour ozone national ambient air
quality standard (NAAQS) to address
partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia
Circuit. The rulemaking would propose
to do the following:
• Remove the provision that places
some 8-hour ozone nonattainment areas
under title I, part D, subpart 1 of the
CAA;
• Remove the provision that places
some 8-hour ozone nonattainment areas
under title I, part D, subpart 1 of the
CAA;
NAAQS:
• New source review?;
• CAA Section 185 penalty fees for
severe and extreme areas that fail to
attain the 1-hour standard by their
attainment date; and
• contingency measures for failure to
attain the 1-hour standard or make
reasonable progress toward attainment.
The proposal also addresses:
• the classification system for
nonattainment areas that the
implementation rule originally covered
under Clean Air Act (CAA) title I, part
D, subpart 1; and
• contingency measures that apply as
anti-backsliding measures under the
now-revoked 1-hour standard.
Separate notice and comment
rulemaking actions will address the
section 185 penalty fee provision New
Source Review? Provisions as an anti-
backsliding measure for the 1-hour
ozone standard.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5194;
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C504-01, RTF, NC
27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
David Painter, Environmental
Protection Agency, Air and Radiation,
C504-01, RTF, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epamail.epa.gov
RIN: 2060-AO96
2823. • NESHAP: AREA SOURCE
STANDARDS—PREPARED (ANIMAL)
FEED MATERIALS
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutants (HAP)
emissions from area sources in the
Prepared Feed Materials industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources. The area
source rule can require control levels
that are equivalent to maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112 of the CAA. The legal basis
for using GACT for area sources is
discussed in the "National Air Toxics
Program: The Integrated Urban
Strategy" (64 FR 38706, July 19, 1999).
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
Final Action
09/00/08
06/00/09
NPRM 09/00/08
Final Action 07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5201;
-------
46
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-5665
Fax: 919 541-0242
Email: king.jan@epamail.epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO98
2824. • PREVENTION OF AIR
POLLUTION EMERGENCY EPISODES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA proposes to revise
subpart H of 40 CFR part 51, which
establishes the significant harm levels
(SHL) for sulfur dioxide (SO 2),
particulate matter (PM), carbon
monoxide (CO), nitrogen oxide (NO2),
and ozone (O3), as well as the
requirements for that portion of State
implementation plan requirements to
address air pollution emergency
episodes. The proposal includes the
following: (1) A new significant harm
level for fine particulate matter
(PM2.5), consistent with the July 18,
1997 revision of the addition of
national ambient air quality standards
(NAAQS) for particulate matter PM2.5;
(2) revisions to the emergency episode
requirements to simplify the emergency
episode classification system for air
quality control regions; (3) distinction
between the "classic" type of mounting
emergency episodes (which are
occurring less and less due to the
improvement of air quality nationwide
over the last 30 years), and the
"catastrophic" emergency episode
caused by a process or pollution
control equipment malfunction at a
single air pollution source; (4) revisions
to address pollutant transport; and (5)
removal of Appendix L (an example
State emergency episode regulation)
from the Code of Federal Regulations
in lieu of a more comprehensive
guidance document. Since many areas
today that are subject to the current
emergency episode requirements are
very unlikely to experience these types
of episodes, EPA believes it is
appropriate to update the emergency
episode requirements to address current
realities.
Timetable:
Action
Date
FR Cite
NPRM
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5216;
EPA publication information: NPRM-
Date not available;
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
Larry Wallace, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
RIN: 2060-APOO
2825. • CONSUMER AND
COMMERCIAL PRODUCTS, GROUP
IV: CTG'S IN LIEU OF REGULATIONS
FOR MISC. METAL PRODUCTS
COATINGS, PLASTIC PARTS, AUTO &
LIGHT DUTY TRUCK ASSEMBLY
COATINGS, & FIBERGLASS BOAT
MFG. MATERIALS
Priority: Other Significant
Legal Authority: 42 USCl83(e)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial,
September 30, 2008.
Abstract: This action would announce
the Administrator's determinations
under section 183(e) for 4 categories of
consumer and commercial products
that Control Techniques Guidelines
(CTG) are substantially as effective as
national rules for these categories.
These determinations are made based
on considerations affecting VOC
emission reductions in ozone non-
attainment areas. The proposal would
solicit comments on the proposed
determinations and announce
availability of draft CTGs for each of
the product categories. The final notice
would finalize the determinations and
announce availability of CTGs covering
these categories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/08
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5226;
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP01
2826. • CONSUMER AND
COMMERCIAL PRODUCTS: NATIONAL
VOC EMISSION STANDARDS FOR
MISCELLANEOUS INDUSTRIAL
ADHESIVES AND SEALANTS
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 59
Legal Deadline: Final, Judicial,
September 30, 2008.
Abstract: This action would establish
national VOC content standards for
miscellaneous industrial adhesives
under Group IV of section 183(e) of the
Clean Air Act. The rule will impose
VOC content limits on approximately
35 categories of adhesives and will
apply to adhesive manufacturers, rather
than users of these products. This rule
will be based on the Ozone Transport
Commission model rule for adhesives
and sealants that has been adopted by
northeast States.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/08
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
47
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 5227; Timetable:
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP02
2827. • NESHAP: AREA SOURCE
STANDARDS—ALUMINUM
FOUNDRIES
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
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 a
regulation affecting this area source
category by June 15, 2009.
Action
Date
FR Cite
NPRM
Final Action
11/00/08
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5230;
Agency Contact: David Cole,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epamail.epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, RTF, NC 27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AP04
2828. • NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
RULE AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 2003, EPA issued national
emission standards for hazardous air
pollutants for reinforced plastic
composites production (40 CFR 63
subpart WWWW). We issued
amendments in 2005. Industry and
States have asked for clarification
regarding implementation of some rule
requirements. This action will provide
the needed clarifications and will
afford an opportunity to propose and
take public comment before taking final
action on them.
Timetable:
Action
Date FR Cite
NPRM 08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5232;
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP05
2829. • NEW SOURCE
PERFORMANCE STANDARDS FOR
GRAIN ELEVATORS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411; CAA
111; 15 USC 2005
CFR Citation: 40 CFR 60.300 (Revision)
Legal Deadline: None
Abstract: The New Source Performance
Standard for Grain Elevators was
promulgated in 1978 with the latest
amendments made in 1984. Since that
time there have been a number of
changes in the technology used for
storing and loading/unloading grain at
elevators. Definitions in the current
regulation do not fit some of the
current technologies being used at
elevators throughout the country. These
definitional issues have come to the
forefront most recently due to the
increase in ethanol production that has
lead to bumper crops of corn being
grown, which has led to a need for
increased grain storage. For these
reasons a review/change of these
definitions is necessary to ensure the
appropriate standards are being applied
consistently throughout the industry.
Timetable:
Action
Date
FR Cite
NPRM 08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5233;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
-------
48
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP06
2830. • RECONSIDERATION OF
HALOGENATED SOLVENT CLEANING
FINAL RESIDUAL RISK RULE
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1992 under Section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR Part
63, Subpart T. On May 3, 2007, EPA
also promulgated amendments to the
NESHAP standards as required by
Sections 112(f) and 112(d)(6) of the
Clean Air Act. Petitions have been filed
requesting EPA to reconsider its
emission standards under the May 3,
2007, final rule.
Timetable:
Action
Date
FR Cite
NPRM 07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5236;
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP07
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
2831. REVISIONS TO THE GENERAL
CONFORMITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions that do not conform to
the State implementation plan (SIP) for
the attainment and maintenance of the
national ambient air quality standards
(NAAQS). In November 1993, EPA
promulgated two sets of regulations to
implement section 176(c). First, on
November 24, EPA promulgated the
Transportation Conformity Regulations
to establish the criteria and procedures
for determining that transportation
plans, programs, and projects that are
funded under title 23 U.S.C. or the
Federal Transit Act conform with the
SIP. Then, on November 30, EPA
promulgated regulations, known as the
General Conformity Regulations, to
ensure that other Federal actions also
conformed to the SIPs. The EPA has
not reviewed or revised the General
Conformity Regulations since their
1993 promulgation. Several Federal
agencies have identified concerns over
the implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/08/08 73 FR 1402
03/10/08
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4070;
EPA publication information: NPRM -
http://frwebgate6.access.gpo.gov/cgi-
bin/waisgate.cgi?WAISdocID=
620448219337+0+ 0+0&WAISaction=
retrieve; EPA Docket information: EPA-
HQ-OAR-2006-0669
Agency Contact: Tom Coda,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AH93
2832. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Other Significant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 49
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
stationary sources throughout Indian
Country and major stationary sources
of air pollution in nonattainment areas
in Indian country. The proposed
Federal NSR rules would require
sources in Indian country, with certain
exceptions, to obtain a permit prior to
construction if they are: (1) New minor
sources, (2) existing minor sources
undergoing modification, (3) new major
sources in nonattainment areas in
Indian country, (4) existing major
sources in nonattainment areas in
Indian country undergoing minor
modification, or (5) existing major
sources in nonattainment areas in
Indian Country undergoing major
modification. The proposed rule would
also allow new or existing stationary
sources of regulated NSR pollutants
and HAPs to accept enforceable limits
on their production capacity or hours
of operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permits
program. Pursuant to the Tribal Air
Rule, eligible Indian Tribes may receive
EPA authorization to develop and
implement such programs, but these
permitting programs would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. These rules would not
impose any mandates on Tribal
governments to implement NSR
permitting programs. Tribal
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
49
EPA—Clean Air Act (CAA)
Final Rule Stage
governments may be affected, however,
insofar as they own or operate sources
that must obtain a permit from the EPA
under the final Federal permitting
program regulations.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/21/06 71 FR 48696
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-21/a6926.htm; ;
EPA Docket information: EPA-HQ-OAR-
2003-0076
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
RIN: 2060-AH37
2833. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: This rulemaking adds a
procedure 3 to appendix F of 40 CFR
part 60. This action provides quality
assurance specifications for continuous
opacity monitor system (COMS)
installed for compliance. States may
cite this procedure for sources with
installed COMS subject to compliance
limitations.
Action
Date
FR Cite
NPRM
Final Action
02/28/01 66 FR 12780
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958;
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH23
2834. MODIFICATION OF THE
ANTI-DUMPING BASELINE DATE
CUT-OFF LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1, 1995
in the development of baselines, and
it would establish a cut-off date of
January 1, 2002 for the submission of
all individual baselines under the anti-
dumping program. This date is the
same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.
Timetable:
Action
Date
FR Cite
Direct Final Action 01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
2835. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-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
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50
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
use conditions in a final rule, we
would revise our ruling to adopt
whatever OSHA requires if OSHA later
regulates the use of nPB.
Timetable:
Action
Date
FR Cite
NPRM1
NPRM Correction
NPRM2-Adhesives
Final Action
06/03/03 68 FR 33283
10/02/03 68 FR 56809
05/30/07 72 FR 30168
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
EPA publication information: NPRMl -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/June/Day-03/al3254.htm;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.;
EPA Docket information: EPA-HQ-OAR-
2002-0064
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
URL For More Information:
www.epa.gov/ozone/title6
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Monica Shimamura, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9337
Fax: 202 343-2338
Email: shimamura.monica@epa.gov
RIN: 2060-AK26
2836. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA,
SULFUR DIOXIDE (SO2) AREA
Priority: Info./Admin./Other
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On May
2, 2002 and May 23, 2003 we partially
and limitedly approved and partially
and limitedly disapproved Montana's
SO2 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 ensure that
the Billings/Laurel area will attain and
maintain the SO2 NAAQS.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/12/06 71 FR 39259
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5161;
EPA publication information: NPRM
Original -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/July/Day-12/a6096.htm; This
action is merged with RIN 2008-AAOO,
SAN No. 4542; EPA Docket
information: EPA-R08-OAR-2006-0098
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P—AR, Denver,
CO 80202
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epamail.epa.gov
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Denver, CO 80202
Phone: 303 312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AA01
2837. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: CAA 301 (d)
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA is finalizing Federal
Implementation Plans to regulate
emissions from the Navajo Generating
Station and the Four Corners Power
Plant. The plants were previously
complying with emissions limits in the
Arizona and New Mexico State
Implementation Plans. However, EPA's
promulgation of the Tribal Authority
Rule clarified that State air quality
regulations generally could not be
extended to facilities located on the
reservation. These FIPs establish
federally enforceable emissions
limitations for sulfur dioxide, nitrogen
oxides, total particulate matter, and
opacity, and a requirement for control
measures for dust.
Timetable:
Action
NPRM
Notice
NPRM 2
Final Action
Date FR Cite
09/08/99 64 FR 48725
01/26/00 65 FR 4244
09/12/06 71 FR 53639
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
EPA publication information: NPRM 2
- http://frwebgate4.access.gpo.gov/cgi-
bin/waisgate.cgi?WAISdocID=
62332828065+1+0+0&
WAISaction=retrieve; Formerly listed as
RIN 2060-AI79; EPA Docket
information: epa-r09-oar-2006-0185
Agency Contact: Rebecca Rosen,
Environmental Protection Agency,
Regional Office San Francisco, AIR2,
Washington, DC 20460
Phone: 415-947-1152
Fax: 415-947-3579
Email: rosen.rebecca@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
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Environment Protection Agency Spring 2008 Regulatory Agenda
51
EPA—Clean Air Act (CAA)
Final Rule Stage
2838. NESHAP: NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS
(SOLICITATION OF COMMENT ON
LEGAL ANALYSIS AND RESPONSE
TO PETITIONS FOR
RECONSIDERATION)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial, luly 7,
2008, Litigation stay expires.
Abstract: EPA promulgated national
emission standards for hazardous air
pollutants for hazardous waste
combustors on October 12, 2005. EPA
subsequently granted reconsideration
petitions relating to certain issues
presented by the rule. Following the
close of the comment period on the
proposed reconsideration rule (see SAN
5047.1/RIN 2050-AG35), the United
States Court of Appeals for the District
of Columbia Circuit has issued several
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 combustors. This
notice discusses the standards that EPA
promulgated in October 2005, and
specifically identifies which standards
EPA believes are consistent with the
Clean Air Act and case law, and which
standards are not and need to be re-
examined through a subsequent
rulemaking. With respect to those
standards, this notice indicates 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 October
2005 standards.
In addition, following promulgation of
the October 12, 2005 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. The
Agency will announce its final action
regarding the issues raised in the
petitions for reconsideration in this
rule.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Comment Period
Extension
Final Action
09/27/07 72 FR 54875
10/18/07 72 FR 59067
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5047;
EPA publication information:
Preliminary Notice -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
27/al9097.pdf; See SAN 5047.1 (RIN
2050-AG35) for the original rulemaking
efforts.; EPA Docket information: EPA-
HQ-OAR-2004-0022
URL For More Information:
www.epa.gov/hwcmact/
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 703 308-8476
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG29
2839. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): DEBOTTLENECKING,
AGGREGATION AND PROJECT
NETTING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This project will revise rules
governing the major new source review?
(NSR) programs mandated by parts C
and D of title I of the Clean Air Act
(CAA). The new regulations will clarify
and codify our policy of when multiple
activities at a single major stationary
source must be considered together for
the purposes of determining major NSR
applicability ("aggregation"). Also, we
are changing the way emissions from
permitted emissions units upstream or
downstream from those undergoing a
physical change or change in the
method of operation are considered
when determining if a proposed project
will result in a significant emissions
increase ("debottlenecking"). Finally,
we are clarifying how emissions
decreases from a project may be
included in the calculation to
determine if a significant emissions
increase will result from a project
("project netting"). When final, these
rules will improve implementation of
the program by articulating and
codifying principles for determining
major NSR applicability that we
currently address through guidance
only. These rule changes reflect the
EPA's consideration of the EPA's 2002
Report to the President and its
associated recommendations as well as
discussions with various stakeholders
including representatives of
environmental groups, State and local
governments, and industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/14/06 71 FR 54235
09/00/08
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; ; EPA Docket
information: EPA-HQ-OAR-2003-0064
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
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52
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
2840. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES & VEHICLES ABOVE 14,000
POUNDS & IN-USE, NOT-TO-EXCEED
EMISSION STANDARD TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is establishing 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 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/24/07 72 FR 3200
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
EPA Docket information: EPA-HQ-OAR-
2005-0047
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
and Radiation, AALDOC, Ann Arbor,
MI 48105
Phone: 734 214-4405
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAPTIG, Ann Arbor, MI 48105
Phone: 734 214-4288
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
2841. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Other Significant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63; 40 CFR 65
Legal Deadline: Other, Statutory,
March 31, 2007, Thompson Report
commitment date for proposal and
3/2007 for promulgation.
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP) under the Clean Air
Act. These regulations are codified at
40 CFR Part 60, 61, 63, and 65. These
regulations require periodic leak
detection and repair (LDAR) of pumps,
valves, and connectors. The current
work practice requires each pump,
valve, and connector to be individually
monitored for leaks. Facilities have had
LDAR programs in place for over 20
years and view them as burdensome
because they are labor intensive. Newer
image based monitoring technology is
being developed to detect leaks at a
reduced costs because of the ability to
monitor multiple components at one
time. This rule would amend the
existing regulations to enable the plant
operators to use the new technology.
Timetable:
Action
NPRM
NPRM, Extension
Comment Period
Final Action
Date FR Cite
04/06/06 71 FR 17401
06/07/06 71 FR 32885
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/April/Day-06/a5005.htm;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AL98
2842. 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
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
53
EPA—Clean Air Act (CAA)
Final Rule Stage
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, we are
proposing revised testing, certification,
and compliance provisions to better
ensure emissions control in use.
Entities potentially regulated by this
action are those that manufacture,
remanufacture and/or import
locomotives and/or locomotive engines;
and those that 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.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
06/29/04
04/03/07
05/00/08
FR Cite
69 FR 39276
72 FR 15938
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4871;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2004/June/Day-29/all294.pdf; EPA
Docket information: EPA-HQ-OAR-
2003-0190
Agency Contact: Jean-Marie Revelt,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AM06
2843. NESHAP & NSPS FOR
MUNICIPAL SOLID WASTE
LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of the promulgated rule. We will
correct errors in the compliance dates
for the rule.
Another aspect of this action will
amend the existing regulation entitled
Standards of Performance for New
Stationary Sources: Municipal Solid
Waste Landfills, subpart WWW of 40
CFR part 60, promulgated on March 12,
1996. The amendment is being
undertaken in response to requests to
clarify our intent regarding what
constitutes an adequate landfill gas
treatment system. This action also
clarifies our intent to exempt from
control landfill gas that is
treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/08/06 71 FR 53272
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
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.; EPA Docket information: EPA-
HQ-OAR-2003-0215
Agency Contact: Hillary Glover,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3154
Email: glover.hillary@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Related RIN: Previously reported as
2060-AHl 3, Previously reported as
2060-AJ41
RIN: 2060-AM08
2844. 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: In this rulemaking, EPA is
promulgating exhaust emission
standards for new nonroad spark-
ignition engines that will substantially
reduce emissions from these engines.
The standards would apply starting in
2009 for new marine spark-ignition
engines, including first-time EPA
standards for sterndrive and inboard
engines. The 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 promulgating
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 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
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54
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
tons of NOx emissions, and 6,300 tons
of direct participate 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 rule'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 rule in 2030 would be $3.4
billion. Estimated costs in 2030 would
be many times less at $240 million.
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;
EPA publication information: NPRM -
http://a257.g.akamaitech.net/7/
257/2422/01jan20071800/
edocket.access.gpo.gov/2007/pdf/07-
1998.pdf; ; EPA Docket information:
EPA-HQ-OAR-2004-0008
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
2845. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, One often area source
category standards to be promulgated
by 6/15/2008 as per 3/31/2006 order.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. The Integrated Urban Air
Toxics Strategy lists plating and
polishing as an area source category.
Timetable:
Action
Date
FR Cite
NPRM 03/14/08 73 FR 14125
Final Action 06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4886;
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM37
2846. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
Legal Authority: CAA Title V, Parts C
&D
CFR Citation: 40 CFR 70; 40 CFR 51;
40 CFR 52
Legal Deadline: None
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 final 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 revisions clarify
how this can often be done in the
existing regulatory framework of the
operating permit programs. The
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 to meet "best
available control technology" (BACT)
or "lowest achievable emission rate"
(LAER) and control requirements, as
applicable, and are determined to
comply with all relevant ambient
requirements.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/12/07 72 FR 52206
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
12/al7418.htm; ; EPA Docket
information: EPA-HQ-OAR-2004-0087
Agency Contact: Mike Trutna,
Environmental Protection Agency, Air
and Radiation, C304-03, RTF, NC
27711
Phone: 919 541-5345
Fax: 919 541-4028
Email: trutna.mike@epa.gov
RIN: 2060-AM45
2847. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
55
EPA—Clean Air Act (CAA)
Final Rule Stage
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least 40 working days
before a shipment is to leave the
foreign port of export. This rule will
reduce the administrative burden of
anyone petitioning to import aircraft
fire extinguishing spherical pressure
vessels containing halon-1301 ("halon
bottles") for hydrostatic testing in the
United States. The rule would require
importers to adhere to all import
petitioning requirements but would
require one petition to be submitted
annually for all shipments rather than
submission of a petition for each
individual shipment 40 working days
prior to export. Halon bottles are
individual bottles containing halon-
1301 that are connected to a larger fire
suppression system within an aircraft.
The halon bottles are brought into the
United States for hydrostatic testing in
which the halon is removed, the bottles
are tested to ensure durability and
effectiveness, and the same amount or
more of halon is replaced back in the
bottles and exported once again. The
halon bottles must be routinely tested
under Federal Aviation Administration
and United States Department of
Transportation regulations. The
exemption to minimize the import
petitioning requirements is being
initiated because the bottles are not
being imported for the eventual use or
resale of the halon contained in the
bottles and because hydrostatic testing
of the bottles is required under FAA
and DOT regulations.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
Withdrawal of DFRM
Final Action
04/11/06 71 FR 18259
04/11/06 71 FR 18219
06/07/06 71 FR 32840
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4900;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/April/Day-ll/a3462.htm; EPA
Docket information: EPA-HQ-OAR-
2005-0131
URL For More Information:
www.epa.gov/ozone/title6
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AM46
2848. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES IN THE MOTOR
VEHICLE AIR CONDITIONING SECTOR
UNDER THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82.180
Legal Deadline: None
Abstract: This rulemaking proposes 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/21/06 71 FR55140
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4918;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
21/a7967.html; EPA Docket
information: EPA-OAR-2004-0488
URL For More Information:
www.epa.gov/ozone/snap/refrigerants/
lists/mvacs.html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Fax: 202 343-2363
Email: thundiyil.karen@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AM54
2849. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Other Significant
Legal Authority: CAA Title I
CFR Citation: 40 CFR 1 and 52
Legal Deadline: None
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
dba Newmont Mining Corporation
("Newmont") that stated that the
December 31, 2002 (67 FR 80185) final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
will finalize their reconsideration of
this issue arising from our final rules
of December 31, 2002.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/13/07 72 FR 63850
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4940;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/ 200 7/November/D ay-
13/a22131.htm; EPA Docket
information: EPA-HQ-OAR-2004-0014
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
Pam Long, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-0641
Fax: 919 541-5509
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56
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: long.pam@epamail.epa.gov
RIN: 2060-AM91
2850. RESPONSE TO PETITION OF
RECONSIDERATION FOR FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: CAA Title I
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Legal Deadline: None
Abstract: In this action, EPA is
responding to a petition for
reconsideration of a final rule we
issued under Section 110 of the Clean
Air Act (CAA) related to the interstate
transport of nitrogen oxides (NOx). On
April 21, 2004, EPA issued a final rule
that required the State of Georgia to
submit SIP revisions that prohibit
specified amounts of NOx emissions—
one of the precursors to ozone (smog)
pollution—for the purposes of reducing
NOx and ozone transport across state
boundaries in the eastern half of the
United States. Subsequently, the
Georgia Coalition for Sound
Environmental Policy (GCSEP) filed a
petition for reconsideration requesting
that EPA reconsider the inclusion of
the state of Georgia in the rule and also
requested a stay of the applicability of
the requirements as to the state of
Georgia. In response to that petition,
EPA proposed to stay the effectiveness
of the 2004 rule on 3/1/05 (70 FR
9897), and is undertaking the
rulemaking described here to address
the issues raised by the petitioners.
Timetable:
Action
Action
Date FR Cite
NPRM
Final Action
06/08/07 72 FR 31771
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4960;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-08/all036.htm;
EPA Docket information: EPA-HQ-OAR-
2004-0439
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC Timetable:
27711
Phone: 919 541-1718
Fax: 919 541-5489 Direct Final Action
Email: smith.tim@epamail.epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539-04, RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AN12
2851. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES, EMISSION
GUIDELINES FOR EXISTING
SOURCES, AND FEDERAL PLAN:
SMALL MUNICIPAL WASTE
COMBUSTORS: AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA 111 and 129
CFR Citation: 40 CFR 60 subparts
AAAA and BBBB; 40 CFR 62 subpart
111
Legal Deadline: None
Abstract: This rule would amend the
final (December 2000) small municipal
waste combustors (MWC) new source
performance standards (NSPS),
emission guidelines (EG), and Federal
lll(d) plan. The small MWC rule
regulates owners and operators of small
MWC, which are MWC units with
capacities between 35 tons per day
(tpd) and 250 tpd. The amendments
will not change the response (the types
of emission controls that will be used)
of the facilities to the rule, but will
provide clarification and correction.
Specifically, the amendments will
include: (1) Fixing typographical errors
created by the Office of the Federal
Register; (2) approval of State operator
training programs for MWC operators
in the State of Minnesota (this was
previously done for MWC operators in
the States of Maryland and
Connecticut); (3) addressing carbon
monoxide (CO) emission limits during
MWC malfunctions (this same
provision was already added to large
MWC standards in a previous
rulemaking); (4) revising a CO limit for
one type of MWC and a NOx limit for
another type of MWC; and (5) removing
one voluntary consensus standard,
ASTM D-6522, which is not an
appropriate test method for this NPRM
industry. Final Action
Date
FR Cite
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4970;
EPA Docket information: EPA-HQ-OAR-
2005-0514
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
RIN: 2060-AN17
2852. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51 subpart A
Legal Deadline: None
Abstract: This action 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.
Timetable:
Action
Date
FR Cite
01/03/06 71 FR69
06/00/08
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Environment Protection Agency Spring 2008 Regulatory Agenda
57
EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4951;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/lanuary/Day-03/a24614.pdf;
EPA Docket information: EPA-HQ-OAR-
2004-0489
Agency Contact: Dennis Beauregard,
Environmental Protection Agency, Air
and Radiation, C339-02, RTF, NC
27709
Phone: 919 541-5512
Fax: 919 541-0684
Email: beauregard.dennis@epa.gov
Doug Solomon, Environmental
Protection Agency, Air and Radiation,
C339-02, RTF, NC 27709
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
2853. PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: EMISSION INCREASES FOR
ELECTRIC GENERATING UNITS
Priority: Other Significant
Legal Authority: CAA title I parts C
andD and sec 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 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.
Timetable:
Action
Date FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 05/08/07 72 FR 26202
Notice of public 06/07/07 72 FR 31491
hearing
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.; EPA
Docket information: EPA-HQ-OAR-
2005-0163
URL For More Information:
www. epa.gov/nsr
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Dan Deroek, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5593
Fax: 919 541-5509
Email: deroek.dan@epa.gov
RIN: 2060-AN28
2854. FEDERAL PLAN
REQUIREMENTS FOR OTHER SOLID
WASTE INCINERATION UNITS
CONSTRUCTED ON OR BEFORE
DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA 129 and lll(d)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: Final, Statutory,
December 16, 2007, The CAA requires
promulgation of Federal plans within
2 years of promulgation of the
corresponding emission guidelines.
Abstract: In this OSWI Federal plan
rulemaking, EPA becomes an
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe, or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the December
2005 rule, and is intended to fulfill
EPA's duty under section!29(b)(3) to
promulgate a Federal plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, The
Federal plan will no longer apply to
units in that State.
The proposed OSWI Federal plan has
been held up while OGC determines
the extent of changes required to settle
the brick NESHAP lawsuit. It has been
decided that the promulgated OSWI
NSPS and EG will be vacated. The
definition of an OSWI unit will be
changed, no volume of waste
incinerated will be set, and VSMWIs
will no longer be one of the types of
incinerators covered by OSWI. Sewage
sludge incinerators will be one of the
types of incinerators in the OSWI
universe. The OSWI NSPS and EG will
be reproposed and promulgated. The
OSWI federal plan will be reproposed
to reflect the changes to the NSPS and
EG, then promulgated. No dates have
been agreed upon. The litigant has not
accepted EPA's proposed plan.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/18/06 71 FR 75816
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5011;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
WASTE/2006/December/Day-
18/f21285.htm; Legal Deadline
continued: Federal Plan must be
promulgated 2 years after the final
publication of the Emission Guidelines
rule (December 16, 2005, 70 FR 74869,
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
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58
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
167a23716.htm); EPA Docket
information: EPA-HQ-OAR-2006-0364
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27709
Phone: 919 541-2421
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN43
2855. REQUIREMENTS FOR
REFORMULATED GASOLINE (RFC)
UNDER THE 8-HOUR OZONE
STANDARD FOR BUMP-UP AREAS
DESIGNATED ATTAINMENT FOR THE
1-HOUR OZONE STANDARD PRIOR
TO REVOCATION
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Reformulated Gasoline (RFC)
is gasoline blended to reduce emissions
that cause ozone smog. The Clean Air
Act (CAA) requires certain areas to use
RFG, depending on how serious is the
ozone problem—i.e., how far it is from
attaining the National Ambient Air
Quality Standards (NAAQS) for ozone.
In some cases, areas that previously
had a less-serious ozone problem
subsequently experience worse air
quality, and in such cases the Clean
Air Act requires them to be "bumped
up" to a higher category, thereby
requiring RFG use. One complication is
that the Agency is now implementing
the transition from the previous ozone
standard, based on the amount of
pollution measured over a 1-hour
period, to the new ozone standard,
based on an 8-hour period. This rule
would set regulations for such cases.
EPA is inviting comment on two
options for such cases. Under the first
option, an area would be required to
use RFG at least until it is redesignated
to attainment for the 8-hour NAAQS.
This option would rely on an 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/23/06 71 FR 36042
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-23/a5620.htm; EPA
Docket information: EPA-HQ-OAR-
2006-0318
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20005
Phone: 202 343-9219
Email: gustafson.kurt@epamail.epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-1820
Email: cook.leila@epa.gov
RIN: 2060-AN63
2856. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
SAFETEA-LU HOV FACILITIES RULE
Priority: Other Significant
Legal Authority: 23 USC 1121
CFR Citation: 40 CFR 86
Legal Deadline: NPRM, Judicial, March
2, 2008.
Abstract: It is the sense of Congress
to encourage the purchase and use of
hybrid and other fuel efficient vehicles,
which have been proven to minimize
air emissions and decrease
consumption of fossil fuels. This
regulation establishes the criteria for
certifying a vehicle as low emitting and
energy-efficient. State HOV programs
will reference this regulation in their
request to Federal Highway
Administration for exceptions to the 2-
person minimum occupancy HOV
requirement. These regulations are
optional for states to implement and
will sunset in 2009.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/24/07 72 FR 29102
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/May/Day-24/a9821.htm; ;
EPA Docket information: EPA-HQ-OAR-
2005-0173
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4873
Email: manners.mary@epamail.epa.gov
Tandi Bagian, Environmental Protection
Agency, Air and Radiation, AAIO, Ann
Arbor, MI 48105
Phone: 734 214-4901
Email: bagian.tandi@epamail.epa.gov
RIN: 2060-AN68
2857. PETROLEUM REFINERIES-
NEW SOURCE PERFORMANCE
STANDARDS (NSPS)—SUBPART J
Priority: Economically Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
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Environment Protection Agency Spring 2008 Regulatory Agenda
59
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: NPRM, Judicial, April
30, 2007, As per 7/2005 Consent
Decree.
Final, Judicial, April 28, 2008, As per
7/2005 Consent Decree.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act requires EPA to review
new source performance standards at
least every 8 years. Under this project,
we will review? and , if appropriate,
revise the new source performance
standards for petroleum refineries
(subpart J in Part 60). We will
determine if actual emission reductions
currently being achieved due to other
programs are greater than the
requirements in the current NSPS
standards, and whether the current
standards should be revised.
Timetable:
Action
Date FR Cite
NPRM
Extension of Public
Comment Period
Final Action
05/14/07 72 FR 27178
06/28/07 72 FR 35375
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5036;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/May/Day-14/a8547.htm; ;
EPA Docket information: EPA-HQ-OAR-
2007-0011
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN72
2858. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF COMPOUNDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51.100
Legal Deadline: None
Abstract: EPA is adding two
compounds (propylene carbonate and
dimethyl carbonate) to the list of
negligible reactive compounds in EPA's
regulatory definition of VOC. Granting
VOC exemption status to these
compounds will remove a regulatory
burden from industries that want to use
these compounds and states will be
relieved of the burden of controlling
these compounds without adversely
affecting air quality.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/01/07 72 FR 55717
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5045;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/October/Day-01/al9324.htm; ;
EPA Docket information: EPA-HQ-OAR-
2006-0948
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
Johnson. williaml@epamail. epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Email: keating.terry@epa.gov
RIN: 2060-AN75
2859. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SEMICONDUCTOR
MANUFACTURING: AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA Title III
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The promulgated National
Emission Standards for Hazardous Air
Pollutants for Semiconductor
Manufacturing included process vent
requirements for inorganic HAP streams
or inorganic process HAP streams.
However, a small minority of process
vents in the industry contain emission
streams that combine inorganic and
organic HAPs. The purpose of this
amendment is to add a definition for
mixed stream process vents in order to
clarify the rule requirements and avoid
the confusion caused by the current
rule. These amendments will not add
additional burden or cost to the rule.
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. Due to needed review?
of the standard in light of the Brick
MACT decision we have received OGC
approval for the rule package in August
2007. We hope to send the package to
OPEI in September and receive final
clearance shortly after that. The state
of New? York is aware of the delay in
the changes and has temporarily
decided to not enforce the standard
until we can make the needed changes.
Timetable:
Action
Date
FR Cite
NPRM
Reproposal
Final Action
10/19/06
04/02/08
06/00/08
71 FR 61701
73 FR 17940
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5055;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/October/Day-19/al7224.htm;
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60
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27711
Phone: 919 541-0296
Fax: 919 541-1039
Email: schaefer.john@epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-4116
Fax: 919 541-1039
Email: schell.bob@epa.gov
RIN: 2060-AN80
2860. FINAL RULE FOR
IMPLEMENTATION OF THE NEW
SOURCE REVIEW (NSR) PROGRAM
FOR PM2.5
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: 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.
Timetable:
Action
Date
FR Cite
NPRM Original
Final Action
11/01/05 70 FR 65984
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.2; EPA publication information:
NPRM Original -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/November/Day-
01/a20455.pdf; Split from RIN 2060-
AK74.; EPA Docket information: EPA-
HQ-OAR-2003-0062
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
Dan Deroeck, 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
2861. PREVENTION OF SIGNIFICANT
DETERIORATION: REFINEMENT TO
INCREMENT MODELING
PROCEDURES
Priority: Other Significant
Legal Authority: CAATitle I, Part C
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: Part C of title I of the Clean
Air Act (CAA) contains the
requirements for a component of the
major New Source Review? (NSR)
program known as the Prevention of
Significant Deterioration (PSD)
program. This program sets forth
procedures for the preconstruction
review? and permitting of new? and
modified major stationary sources of air
pollution 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 will finalize
refinements to several aspects of the
method that may be used to calculate
an increase in concentration for
increment purposes. These refinements
are intended to clarify how States and
regulated sources may calculate
increases in concentration for purposes
of determining compliance with the
PSD increments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/06/07 72 FR 31372
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5100;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-06/al0459.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0888
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Dan Deroek, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5593
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Environment Protection Agency Spring 2008 Regulatory Agenda
61
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 919 541-5509
Email: deroek.dan@epa.gov
RIN: 2060-AO02
2862. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SHIPBUILDING AND
SHIP REPAIR (SURFACE COATING)
OPERATIONS—AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
lanuary 2, 2007, Compliance date for
another MACT and this industry would
be subject to if these amendments are
not in place before then.
Abstract: On December 15, 1995, the
EPA issued national emission standards
for hazardous air pollutants (NESHAP)
under Section 112 of the Clean Air Act
for shipbuilding and ship repair
(surface coating) operations. The
NESHAP requires existing and new
major sources to control emissions of
hazardous air pollutants to the extent
achievable by the use of maximum
achievable control technology. This
action is intended to more clearly state
the distinction between and the
definition of ship and pleasure craft.
It is being issued in response to
questions concerning whether yachts
greater than 20 meters (78.7 feet) in
length are ships and, therefore subject
to the NESHAP or pleasure craft. 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.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
Withdrawal of Direct
Final
Final Action
12/29/06 71 FR 78392
12/29/06 71 FR 78369
02/27/07 72 FR 8630
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5106;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
29/a22428.htm; ; EPA Docket
information: EPA-HQ-OAR-2002-0093
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, E-143-03, RTF, NC
27711
Phone: 919 541-2379
Fax: 919 541-3470
Email: serageldin.mohamed@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO03
2863. RISK AND TECHNOLOGY
REVIEW FOR GROUP 1: POLYMERS &
RESINS I; POLYMERS & RESINS II,
ACETAL RESINS, AND HYDROGEN
FLUORIDE
Priority: Other Significant
Legal Authority: CAAll2(f)(2); CAA
CFR Citation: 40 CFR 63
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/12/07 72 FR 70543
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5126;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
12/a24076.htm; EPA Docket
information: EPA-HQ-OAR-2007-0211
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO16
2864. PREVENTION OF SIGNIFICANT
DETERIORATION FOR PM2.5—
INCREMENTS, SIGNIFICANT IMPACT
LEVELS AND SIGNIFICANT
MONITORING CONCENTRATIONS
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 52.21; 40 CFR
51.166
Legal Deadline: None
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration (PSD) of air quality due
to emissions of any pollutant for which
a NAAQS has been promulgated. The
NAAQS for PM2.5 was promulgated in
1997. On November 1, 2005, EPA
proposed regulations for the
implementation of the PM2.5 program
including the New Source Review
(NSR) provisions. In that NPRM, we
indicated that we would be proposing
a separate rule for developing
increments, Significant Impact Levels
(SILs) and Significant Monitoring
Concentrations (SMCs) to facilitate
implementation of a PM2.5 PSD
program. Increments are maximum
allowable increases in ambient PM2.5
concentrations (PM2.5 increments)
allowed in an area above the baseline
concentration. SILs are a screening tool
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62
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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
deminimis 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
final rule, we will finalize one of our
3 proposed 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/21/07 72 FR 54112
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5068;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
21/al8346.htm; ; EPA Docket
information: EPA-HQ-OAR-2005-0605
Agency Contact: Dan Deroeck,
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
Raj Rao, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epa.gov
RIN: 2060-AO24
2865. AMENDMENT OF DEFINITIONS
FOR NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS
POLLUTANTS FOR RADIONUCLIDES,
SUBPARTS H AND I
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 61.90(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. The current
definition of "effective dose
equivalent" refers to a method of
calculation in International
Commission on Radiological Protection
(ICRP) publication no. 26. Removing
this reference will prevent confusion if
EPA incorporates newer ICRP methods
for calculating effective dose equivalent
in its compliance models.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5114;
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email: schultheisz.daniel@epa.gov
RIN: 2060-AO31
2866. FUEL ECONOMY REGULATIONS
FOR AUTOMOBILES: TECHNICAL
AMENDMENTS AND CORRECTIONS
Priority: Other Significant
Legal Authority: 49 USC 32901 et seq
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: This action amends and
corrects portions of the Environmental
Protection Agency's (EPA) existing fuel
economy regulations, located at 40 CFR
Part 600. There are two reasons for this
action. First, some minor corrections
and amendments are needed to correct
portions of EPA's final rule for fuel
economy labeling requirements for cars
and light trucks (71 FR 77872,
December 27, 2006). Some
typographical errors and errors of
omission will be corrected. Second, the
Department of Transportation finalized
new average fuel economy standards
for light trucks on April 6, 2006 (71
FR 77872). This rule amended the
existing DOT regulations at 49 CFR
parts 523, 533, and 537, by adding new
definitions, setting new fuel economy
standards for light trucks, and
amending some reporting requirements.
In order for DOT to execute its new
requirements, DOT's regulations rely on
EPA to reference the new definitions
and collect the new information from
automobile manufacturers, so that EPA
can determine the new light truck
average fuel economy targets. The new
definitions include "medium duty
passenger vehicle" and "footprint."
Under the Energy Policy and
Conservation Act (EPCA), EPA is
required to calculate the average fuel
economy of a manufacturer using
methods it prescribes by regulation. (49
U.S.C. 32904(a)(l)(A)). EPA has
conducted this activity for about 30
years and this rulemaking only updates
the information the Agency will receive
from the auto manufacturers. The
changes adopted by DOT include a new
requirement to determine the
"footprint" for each model type of
vehicle, so that target standards can be
calculated. EPA must therefore collect
"footprint" data from auto
manufacturers, which includes
measurements for front track width,
rear track width, wheelbase and final
sales of each model type. EPA's current
regulations do not require
manufacturers to submit this
information, thus a minor amendment
is needed to add this information
collection. The DOT rule takes effect
with 2008 model year trucks, which
can begin to be produced as early as
January 2, 2007, thus it is important
that EPA begin collecting this new
information as soon as possible. These
changes do not change the existing EPA
test procedures or calculation methods
for average fuel economy.
Timetable:
Action
Date
FR Cite
Direct Final Action
07/00/08
Regulatory Flexibility Analysis
Required: No
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Environment Protection Agency Spring 2008 Regulatory Agenda
63
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5124;
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
David Good, Environmental Protection
Agency, Air and Radiation, Ann Arbor,
MI 48105
Phone: 734 214-4450
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-AO36
2867. METHOD 207—PRE-SURVEY
PROCEDURE FOR CORN
WET-MILLING FACILITY EMISSION
SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5140;
EPA Docket information: EPA-HQ-OAR-
2007-0844
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-0516
Email: mcalister.gary@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO39
2868. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2008
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7414; 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is seeking to allocate
essential use allowances for import and
production of class I stratospheric
ozone depleting substances for calendar
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/12/07 72 FR 32269
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5157;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-12/all299.pdf; EPA
Docket information: EPA-HQ-OAR-
2006-0159
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AO44
2869. ADDITION OF METHOD 208,
PROTOCOL FOR THE SOURCE
TESTING, ANALYSIS, AND
REPORTING OF VOC EMISSIONS
FROM HOT MIX ASPHALT PLANT
DRYERS
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
Direct Final Action
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5146;
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-0516
Email: mcalister.gary@epamail.epa.gov
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64
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO51
2870. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: APPENDIX A—TEST
METHODS; AMENDMENTS TO
METHOD 301
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action amends EPAs
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/22/04 69 FR 76642
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5156;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/December/Day-
22/a27985.htm; EPA Docket
information: EPA-HQ-OAR-2004-0080
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-0516
Email: mcalister.gary@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, EW143-02,
RTF, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AO53
2871. PETROLEUM REFINERY
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: CAA H2(f)(2); CAA
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
August 20, 2007, Consent Decree.
Final, Judicial, August 20, 2008,
Consent Decree.
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.
Timetable:
Action
Date
FR Cite
NPRM 09/04/07 72 FR 50716
Proposed Rule; Notice 11/08/07 72 FR 63159
of Public Hearing
and Reopening of
Comment Period
Final Action 08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.1; EPA publication information:
NPRM-
http://www. epa.gov/ fedrgstr/EP A-
AIR/2007/September/Day-
04/al7009.pdf; Split from RIN 2060-
AN85.; EPA Docket information: EPA-
HQ-OAR-2003-0146
URL For More Information:
www.epa.gov/fedrgstr/epa-
air/2007/september/day-04/a!7009.pdf
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO55
2872. FEDERAL PLAN
REQUIREMENTS FOR LARGE
MUNICIPAL WASTE COMBUSTORS
CONSTRUCTED ON OR BEFORE
SEPTEMBER 20, 1994
Priority: Other Significant
Legal Authority: PL 101-549
CFR Citation: Not Yet Determined
Legal Deadline: None
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
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
65
EPA—Clean Air Act (CAA)
Final Rule Stage
regulations to make conforming
changes that mirror those made to the
emission guidelines.
Timetable:
Timetable:
Action
Date
FR Cite
Direct Final Action 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local
Additional Information: SAN No. 5180;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO63
2873. REGULATION OF FUELS AND
FUEL ADDITIVES: ALTERNATIVE
QUALITY ASSURANCE
REQUIREMENTS FOR ULTRA-LOW
SULFUR DIESEL
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
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.
Action
Date
FR Cite
Direct Final Action 08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5154;
Agency Contact: Jaimee Dong,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9672
Fax: 202 343-2802
Email: dong.jaimee@epamail.epa.gov
RIN: 2060-AO71
2874. PERFORMANCE
SPECIFICATION 16—SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
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).
Timetable:
Action
Date
FR Cite
NPRM 08/08/05 70 FR 45608
Supplemental NPRM 11/01/05 70 FR 65873
Final Action 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-08/al5330.htm;
This rule was mistakenly listed as
Completed in the Spring 2006
Regulatory Agenda under RIN 2060-
AH84.; EPA Docket information: EPA-
HQ-OAR-2003-0074
Sectors Affected: 331111 Iron and
Steel Mills; 336112 Light Truck and
Utility Vehicle Manufacturing; 32411
Petroleum Refineries; 33241 Power
Boiler and Heat Exchanger
Manufacturing; 32211 Pulp Mills;
562213 Solid Waste Combustors and
Incinerators; 333611 Turbine and
Turbine Generator Set Unit
Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, RTF, NC 27711
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AO74
2875. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: GASOLINE
DISTRIBUTION; AMENDMENTS-
AREA SOURCE STANDARD
Priority: Info./Admin./Other
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On January 10, 2008 (73 FR
1916), EPA issued final national
emission standards for hazardous air
pollutants for gasoline distribution bulk
terminals, bulk plants, and pipeline
facilities and for gasoline dispensing
facilities. EPA subsequently determined
that certain sections of the final rules
contained incorrect references to
paragraphs within those and other
sections. This action corrects those
technical errors.
Timetable:
Action
Date
FR Cite
Technical Correction 05/00/08
Regulatory Flexibility Analysis
Required: No
-------
66
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4907.1; Split from RIN 2060-AM74.;
EPA Docket information: EPA-HQ-OAR-
2006-0406
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AO84
2876. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM
SNOWMOBILES
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: We adopted three phases of
snowmobile emission standards in
2002. A lawsuit resulted in a court
order to eliminate the oxides of
nitrogen (NOx) portion of the Phase 3
Standards on the grounds that we had
no authority under the Clean Air Act
to adopt NOx standards for
snowmobiles. We were also directed to
reconsider the hydrocarbon (HC) and
carbon monoxide (CO) portions of the
Phase 3 standards. In this Direct Final
Rule, we intend to eliminate the Phase
3 NOx standard as directed by the
court, but defer action on the HC and
CO standards to a separate effort.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5203;
Agency Contact: John Muller,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4275
Email: muller.john@epa.gov
RIN: 2060-AO88
2877. • NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart EEEE
Legal Deadline: None
Abstract: The Organic Liquid
Distribution (Non-Gasoline) NESHAP
was promulgated on February 3, 2004
and amended on July 28, 2006. This
action will clarify compliance
requirements and correct typographical
errors in the amendments.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5202;
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO99
2878. • STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES, TEST
METHOD 2H—AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: CAATitle I
CFR Citation: 40 CFR 60, app A-2
Legal Deadline: None
Abstract: This test method enables the
representative measurement of
pollutant emissions and/or total
volumetric flow from stationary
sources. When the method was
originally developed, it addressed only
sources where the flow measurements
were made in locations with circular
cross-sections within an exhaust stack.
This technical update to the test
method will address flow measurement
locations with both circular and
rectangular cross-sections. The
revisions also include changes that
increase the accuracy of the method
and simplify its application. The
primary users of the method will be
owners and operators of utility units
subject to the Acid Rain Program under
title IV of the Clean Air Act and certain
large electric generating units and large
non-electric generating units that are
subject to the nitrogen oxides (NOX)
state implementation plan (SIP) call
under Title I of the Clean Air Act.
These sources use volumetric stack
flow rate monitors in order to measure
sulfur dioxide (SO2) and NOX mass
emissions and heat inputs emissions
and must conduct periodic relative
accuracy test assessments (RATAs) of
the flow rate monitors at these units.
Timetable:
Action
Date
FR Cite
Direct Final Action 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5237;
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AP08
2879. • UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS:
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action was published as
a direct final with a parallel proposal,
72 FR 51365, September 7, 2007. An
adverse comment was received. This
action amends a rulemaking entitled
"Update of Continuous Instrumental
Test Methods" that was promulgated
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
67
EPA—Clean Air Act (CAA)
Final Rule Stage
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 May 15,
2006, final rule contained inadvertent
errors and created minor unanticipated
test situations that need to be clearly
addressed. This final action 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.
Timetable:
Action
NPRM
Direct Final Rule
Withdrawal of Direct
Final
Final Action
Date FR Cite
09/07/07 72 FR 5 1392
09/07/07 72 FR 5 1365
11/05/07 72 FR 624 14
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4161.1.
Action previously tracked under RIN
2060-AO09.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, RTF, NC 27711
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Related RIN: Previously reported as
2060-AO09
RIN: 2060-AP13
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
2880. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479;
CAA 160 to 169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919;
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
2881. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17; 40 CFR 63.18
Legal Deadline: None
Abstract: We are amending the Part 63
General Provisions to allow facilities
that are subject to a maximum
achievable control technology (MACT)
to discontinue unnecessary
requirements if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to or better than the MACT
level of control. The amendments
would also allow a source to avoid
MACT by completely eliminating HAP
emissions. We are promulgating these
amendments to encourage and promote
pollution prevention, which is our
strategy of first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4719;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2003/May/Day-15/al2180.htm; ;
EPA Docket information: EPA-HQ-OAR-
2002-0044
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epamail.epa.gov
Eric Ginsburg, Environmental
Protection Agency, Air and Radiation,
C-304-02, RTF, NC 27711
Phone: 919 541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epa.gov
RIN: 2060-AK54
2882. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES—PETITION
TO DELIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
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68
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: In August 2002, the Agency
received a petition to remove certain
types of stationary gas-fired combustion
turbines from the list of hazardous air
pollutant sources under section 112(c)
of the Clean Air Act. After negotiating
with the petitioner regarding the
acquisition of additional data regarding
its petition and reviewing the
additional data, the Agency proposed
a partial granting of the petition by
delisting 4 subcategories of stationary
gas-fired turbines in April 2004.
Simultaneously, the Agency proposed a
stay of the effectiveness of the
combustion turbine MACT for those
subcategories of turbines, delaying the
imposition of control requirements for
the delisted turbines until a final action
is taken regarding the delisting. The
Agency is waiting until the completion
of the final IRIS assessment regarding
the carcinogenic potency of
formaldehyde before taking final action
on the petition. The final IRIS action
on formaldehyde is expected to occur
in early 2010.
Timetable:
Action
NPRM— Delisting
NPRM— STAY
Final Action— STAY
Final Action
Date FR Cite
04/07/04 69 FR 18327
04/07/04 69 FR 18338
08/18/04 69 FR 51 184
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
EPA publication information: NPRM-
STAY-
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/April/Day-07/a7775.htm; ;
EPA Docket information: EPA-HQ-OAR-
2003-0196
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, RTF, NC
27711
Phone: 919 541-2962
Fax: 919 541-1039
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, RTF, NC 27711
Phone: 919 541-5368
Fax: 919 541-1039
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
2883. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT:
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: A completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review? of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule which is
published in the Federal Register,
proposes a modification of the HAP list
and presents the reasoning for doing so.
The proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date FR Cite
Notice of Complete
Petition
NPRM
05/26/05 70 FR 30407
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
EPA publication information: Notice of
Complete Petition -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/May/Day-26/al05 79.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0085
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3078
Fax: 919-541-0246
Email: nizich.greg@epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C504-06,
RTF, NC 27711
Phone: 919 541-1167
Fax: 919 541-0237
Email: jenkins.scott@epa.gov
RIN: 2060-AK84
2884. SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: EPA is proposing to revise
one narrow aspect of the Section 126
Rule, which was promulgated January
18, 2000. That rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
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69
EPA—Clean Air Act (CAA)
Long-Term Actions
compliance date for both rules, May 1,
2003. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This action also proposes to withdraw
the Section 126 Rule in States that meet
the proposed revised criteria.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/04/03 68 FR 16644
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/April/Day-04/a8152.htm;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AK41
2885. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7522 CAA
203; 42 USC 7525 CAA 206; 42 USC
7541 CAA 207; 42 USC 7542 CAA 208;
42 USC 7601 CAA 301; 42 USC 7522
CAA 203; 42 USC 7550 CAA 216; 42
USC 7601 CAA 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles that are originally sold in
Canada and that are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) Formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States;
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/24/94 59 FR 13912
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2665;
Agency Contact: Bob Doyle,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 343-9258
Email: doyle.robert@epa.gov
RIN:2060-AI03
2886. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR Part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date
FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE95
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
2887. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917;
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Washington, DC
20460
Phone: 734 214-4238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
2888. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory,
August 1, 1999.
Abstract: Review of the National
Ambient Air Quality Standards
(NAAQS) for carbon monoxide (CO) is
mandated by the Clean Air Act. The
review? will include an assessment of
the available science on health and
environmental effects associated with
ambient levels of CO and an evaluation
of the science in the context of policy
decisions on whether or not to revise
current standards. The last CO NAAQS
review? occurred in 1994 with a
decision by the Administrator not to
revise the existing standards.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
02/00/11
11/00/11
08/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266;
EPA Docket information: EPA-HQ-OAR-
2008-0015
Agency Contact: Chris Trent,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, NC
27711
Phone: 919 541-5337
Email: trent.chris@epa.gov
Dave McKee, Environmental Protection
Agency, Air and Radiation, C504-06,
RTF, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
RIN:2060-AI43
2889. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations that 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 that
include these elements; (3) establish
new? Federal facilities I/M program
requirements that Federal facilities in
I/M program areas must meet in order
to comply with the Act; and (4)
designate for each State which section
of the Act Federal agencies must
comply with based on how that State
promulgated its I/M regulations. These
changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new?
regulations per those requirements.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348;
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734 214-4928
Fax: 734 214-4052
Email:
polovick.buddy@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
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EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 202 564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
2890. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. This proposed
action will not impact small businesses,
or State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/09
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531;
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4227
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
2891. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Info./Admin./Other
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations that were published in the
Federal Register on March 29, 2001 (66
FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-1287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
John Hannon, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202 564-5563
Email: hannon.john@epamail.epa.gov
RIN: 2060-AK56
2892. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
2893. SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: EPA coordinated the Section
126 Rule with another rule known as
the NOx State implementation plan
(SIP) Call, because both rules address
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
proposal, where a State submits a NOx
SIP that meets only Phase 1 of the NOx
SIP Call, EPA would need to make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. In this current
action, EPA is proposing that the
Michigan Phase I SIP meets the
proposed revised Section 126 Rule
withdrawal criteria, and therefore, if
EPA finalizes the withdrawal criteria as
proposed, EPA would withdraw the
Section 126 Rule for sources in
Michigan.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AL83
2894. LIFTING THE STAY OF THE
8-HOUR PORTION OF THE FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT ("NOX SIP CALL")
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F. 3d 1027 on rehearing
195 F. 3d 4 (D.C. Cir. 1999).] EPA
stayed the 8-hour basis of the NOx SIP
Call rule on September 18, 2000 (65
FR 56245) based on the uncertainty
created by the D.C. Circuit's decision.
EPA has now completed the actions
necessary to address the
aforementioned remand, and therefore
is now conducting rulemaking to lift
the stay. EPA is proposing to lift the
stay of our findings in the NOx SIP
Call contained in 40 CFR sec
51.121(a)(2), related to the 8-hour ozone
national ambient air quality standards
(NAAQS). This action does not create
any new requirements; it merely
reinstitutes a requirement of the NOx
SIP Call that had previously been
stayed.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-5665
Fax: 919 541-0242
Email: king.jan@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 27711
Phone: 919 541-3292
Email: grano.doug@epa.gov
RIN: 2060-AL84
2895. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on Substances
that Deplete the Ozone Layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance. This
exemption will be limited to no more
than 20 metric tons per emergency
event. This is a deregulatory action that
will decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4819;
URL For More Information:
www.epa.gov\ozone\mbr
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AL94
2896. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
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Environment Protection Agency Spring 2008 Regulatory Agenda
73
EPA—Clean Air Act (CAA)
Long-Term Actions
originally submitted the petition in
April of 1997. EPA suspended review?
of the petition pending the completion
of 2-generation reproductive effects
study. That study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: The results of the 2-
generation reproductive effects study, a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling and an analysis of potential
transformation products. Based on this
new submission, the ACC requested
that EPA reopen its review of the MIBK
petition. EPA did reopen its review of
the petition. However, since the last
submittal by the petitioner, a 2-year
MIBK bioassay by the National
Toxicology Program (NTP) has been
completed. A draft report of this study
was reviewed by the NTP Board of
Scientific Counselors Technical Reports
Review? Subcommittee, which accepted
unanimously the conclusions in the
report that there is some evidence of
carcinogenic activity of MIBK. EPA has
notified the petitioner that further
review of the petition will require that
the petitioner submit information
regarding the relevance of the NTP
study and a risk characterization for the
human risk of cancer from MIBK
exposures, which would include the
derivation of a cancer unit risk
estimate. Given the significant time that
will be necessary to prepare and submit
this information, we are considering the
MIBK petition review a long-term
action.
Timetable:
Action
Date
FR Cite
Notice
NPRM
07/19/04 69 FR 42954
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
EPA publication information: Notice -
http://a257.g.akamaitech.net/7/
257/2422/06jun20041800/
edocket.access.gpo.gov/2004/04-
16335.htm;
Agency Contact: Ken Hustvedt,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM20
2897. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would amend the
rule on refrigerant recycling equipment
intended for use with Substitute
Refrigerants. This amendment would
clarify how the requirements of Clean
Air Act Section 608 extend to
refrigerant recovery and/or recycling
equipment intended for use with
substitutes for CFC and HCFC
refrigerants.
Timetable:
Action
Date
FR Cite
NPRM 11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4916;
URL For More Information:
www.epa.gov\ozone\title6\608
Agency Contact: Sally Hamlin,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9711
Fax: 202 565-2155
Email: hamlin.sally@epamail.epa.gov
RIN: 2060-AM49
2898. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending Appendix
D to Subpart F of 40 CFR 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.
Timetable:
Action
Date FR Cite
NPRM
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4901;
URL For More Information:
http://www.epa.gov/ozone/title6/608/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9337
Fax: 202 343-2338
Email: shimamura.monica@epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
RIN: 2060-AM55
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74
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
2899. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR);
MAINTENANCE AND REPAIR
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21
Legal Deadline: None
Abstract: This rulemaking is a follow-
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review?
(NSR) Program (40 CFR parts 51 and
52). SAN 4676's final action—referred
to as the "equipment replacement
provision" (ERP)—was promulgated in
the Federal Register on October 27,
2003 (68 FR 61248). The action
summarized here, SAN 4676.3, when
finalized, will establish a regulatory
definition for maintenance and repair
activities (that are not equipment
replacements) that qualify for the
RMRR Exclusion from Major NSR. We
previously proposed options for this
SAN in our RMRR proposal on
December 31, 2002 (67 FR 80920).
However, this action will propose and
take comments on an additional
approach.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C504-01, RTF, NC
27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epamail.epa.gov
Dan Deroek, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5593
Fax: 919 541-5509
Email: deroek.dan@epa.gov
RIN: 2060-AM62
2900. NESHAP: GENERAL
PROVISIONS (ONCE IN ALWAYS IN)—
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: The proposed amendments
would revise and codify EPA's policy
on when a major source can become
an area source, and thus become not
subject to national emission standards
for hazardous air pollutants (NESHAP)
for major sources. EPA is reconsidering
the policy, established in a May 16,
1995 memorandum, which allows
sources to attain area source status
prior to the source's first substantive
compliance date of an applicable
NESHAP for major sources. No source
would be subject to the requirements
unless they voluntarily decided to
implement them.
Timetable:
Action
Date FR Cite
NPRM
NPRM; Extension of
Comment Period
Final Action
01/03/07 72FR69
03/05/07 72 FR 9718
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/January/Day-03/a22283.htm;
EPA Docket information: EPA-HQ-
OAQ-2004-0094
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epamail.epa.gov
Eric Ginsburg, Environmental
Protection Agency, Air and Radiation,
C-304-02, RTF, NC 27711
Phone: 919 541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epa.gov
RIN: 2060-AM75
2901. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
technical issues, including the alleged
failure for EPA to establish emission
standards for mercury and asbestos.
EPA has decided to voluntarily remand
both the mercury and asbestos sections
of the rule. The motions for both
remands were granted by the United
States Court of Appeals.
Timetable:
Action
Date FR Cite
NPRM 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27709
Phone: 919 541-1512
Fax: 919 541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM87
2902. COMPONENT DURABILITY
PROCEDURES FOR NEW LIGHT DUTY
VEHICLES, LIGHT DUTY TRUCKS &
HEAVY DUTY VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
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Environment Protection Agency Spring 2008 Regulatory Agenda
75
EPA—Clean Air Act (CAA)
Long-Term Actions
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.
Timetable:
Action
Date
FR Cite
Supplemental 2
NPRM
Final Action
01/17/06 71 FR2843
01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; Split from RIN 2060-AK76.
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AN01
2903. OPTIONAL CHASSIS
CERTIFICATION FOR DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601(a)
CFR Citation: 40 CFR 86.1863-07
Legal Deadline: None
Abstract: Prior to the heavy-duty 2007
rulemaking (HD 2007), we have
required that crankcase emissions be
controlled only on naturally aspirated
diesel engines. We made an exception
for turbocharged heavy-duty diesel
engines in the past because of concerns
regarding fouling that could occur from
diesel PM and engine oil, which are
included in the crankcase emissions,
when routing the crankcase blow-by
into the turbocharger and aftercooler.
However, this was an environmentally
significant exception since most heavy-
duty diesel trucks use turbocharged
engines, and a single engine can emit
over 100 pounds of NOx, NMHC, and
PM from the crankcase over its lifetime.
Therefore, given the availability of
technologies to control crankcase
emissions and the significant
environmental benefit for eliminating
those emissions, we are proposing new
requirements for crankcase emissions in
the HD 2007 rulemaking. Those
provisions require that heavy-duty
diesel engines either close the
crankcase or account for any crankcase
emissions within the total compliance
limits of the tailpipe emissions
standard. 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.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4993;
Agency Contact: Zuimdie Guerra,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4387
Fax: 734 214-4816
Email: guerra.zuimdie@epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
CISD, Ann Arbor, MI 48105
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
RIN: 2060-AN39
2904. DEFECT REPORTING FOR
ON-HIGHWAY MOTOR VEHICLES
AND ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA regulations require
manufacturers to report defects of
emissions-related equipment or
emissions control systems of on-
highway motor vehicles and heavy-duty
engines. Under the current regulations
a defect report is required when a
manufacturer determines that the same
defect has occurred in 25 or more
vehicles or engines. This is an
unreasonably small threshold for large
engine families/test groups. This action
would create new thresholds that
would depend upon the size of the
engine family/test group. It would also
obligate manufacturers to conduct
investigations under certain
circumstances to determine if an
emission-related defect is present. The
investigations would be triggered by
warranty information, parts shipments
and any other information available
that indicate need for an investigation.
Timetable:
Action
Date
FR Cite
NPRM 01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5043;
Agency Contact: Christine
Mikolajczyk, Environmental Protection
Agency, Air and Radiation, AAPTIG,
Ann Arbor, MI 48105
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76
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 734 214-4403
Email:
mikolajczyk.christine@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AN73
2905. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 2
Priority: Other Significant
Legal Authority: CAA H2(f)(2),
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: All milestones are complete
for this SAN. This SAN includes the
ANPRM only. The source categories
listed below were divided into 3
groups, groups 2A, 2B, and 2C, for
proposal and promulgation. Please refer
to SAN 5093.2 for the group 2A
proposal and promulgation and SAN
5093.3 for the group 2B proposal and
promulgation. SAN 5093.3 has not been
initiated but will contain the group 2C
proposal and promulgation.
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. 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
noncancer 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. Public comments and
corrections were received by EPA for
all source categories during the ANPRM
90-day comment period. The comments
and corrections were compiled by
source category and underwent review
by OAQPS, the Regions, and the States.
We will then remodel the categories
based on the updated dataset (this will
serve as the NPRM dataset). EPA will
then identify risk reduction options,
evaluate the effectiveness and cost of
these 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
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
05/00/09
07/00/1 1
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5093;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-29/a5805.pdf; ;
EPA Docket information: EPA-HQ-OAR-
2006-0859
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, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN85
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Environment Protection Agency Spring 2008 Regulatory Agenda
77
EPA—Clean Air Act (CAA)
Long-Term Actions
2906. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action amends prior
action by the Agency related to the
transition of Article 5 countries to
ozone-depleting substance alternatives.
Currently, Article 5 allowances are
determined as a percentage of total
production allowances assigned to U.S.
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action revises established
Article 5 allowances independently of
total production allowances based on
new data.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/23/06 71 FR 49395
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4697.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-23/al3951.htm;
Split from RIN 2060-AK45.; EPA
Docket information: EPA-HQ-OAR-
2005-0151
URL For More Information:
www.epa.gov/ozone/title6/phaseout/
index.html
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN87
2907. CLEAN AIR MERCURY RULE:
FEDERAL PLAN
Priority: Other Significant
Legal Authority: CAA ill
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is a Federal Plan
to implement the requirements of the
Clean Air Mercury Rule (CAMR) for
any States that do not have a timely,
approved State Plan, as well as the two
tribes affected by the rule. The status
of this action is "undetermined." On
February 8, the U.S. Court of Appeals
for the DC Circuit vacated CAMR and
on March 14, the Court issued the
mandate. On March 24, the Agency and
the Utility Air Regulatory Group each
filed petitions seeking rehearing of the
Court's February 8 decision. The
Agency is putting the Federal Plan
rulemaking action on hold during the
appeal period. The Federal Plan
implements the requirements of CAMR
by requiring that these States and tribes
participate in the EPA-administered
CAMR cap and-trade program. While
this rule provides for Federal
implementation of the cap and trade
program, it makes no other substantive
changes to the model cap and trade
program already finalized as part of
CAMR. During the CAMR rulemaking
process, EPA conducted extensive
analysis of the economic,
environmental, and health impacts of
CAMR. Because the requirements and
major programmatic elements of CAMR
remain the same under the Federal
Plan, these analyses remain unchanged
under this action, as do conclusions
regarding consideration of Executive
Orders. This rule also reflects any
modifications based on the CAMR Final
Action on Reconsideration. This action
also finalizes revisions concerning the
biomass cogeneration unit exemption
under the applicability provisions of
the Federal Plan, and minor revisions
to the CAMR State Plan model cap-and
trade rule and the Acid Rain Program
regulations. In addition, this action
revises the Notice of Finding that
Certain States Did Not Submit Clean
Air Mercury Rule State Plans for New
and Existing Electric Utility Steam
Generating Units and Status of
Submission of Such Plans.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/22/06 71 FR 77099
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5094;
EPA publication information: NPRM -
http://epa.gov/EPA-
AIR/2006/December/Day-
22/a21573.htm; ; EPA Docket
information: EPA-HQ-OAR-2006-0905
Agency Contact: Erich Eschmann,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9128
Fax: 202 343-2359
Email:
eschmann.erich@epamail.epa.gov
Meg Victor, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9193
Email: victor.meg@epamail.epa.gov
RIN: 2060-AN98
2908. RESPONSE TO REQUEST FOR
RECONSIDERATION OF FINAL AIR
EMISSION MACT RULES FOR LARGE
MUNICIPAL WASTE COMBUSTORS
(MWCS)
Priority: Substantive, Nonsignificant
Legal Authority: CAA 129
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, July 16,
2007, Litigation stayed until 7/16/2007.
EPA must publish final response to
request for reconsideration by that date.
Abstract: EPA originally adopted air
emission standards for new and
existing large municipal waste
combustors (MWCs) in 1995. As
required by section 129 of the CAA,
EPA reviewed these standards and
proposed revised standards. The
proposal occurred on December 19,
2005, and final standards were
published on May 10, 2006 (71 FR
27323). A number of individuals,
including Earthjustice, filed litigation
on various aspects of the standards.
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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. A notice was drafted
addressing the reconsideration issues.
However, as a result of recent court
decisions on various CAA sections 112
and 129 rules, EPA petitioned the court
to remand the LMWC rule to EPA to
allow EPA to review? the MACT floor
determination conducted as part of the
1995 rulemaking. The court issued the
remand on February 2008. This action
will put the reconsideration notice on
"hold" until the MACT floor review is
completed (estimated to take 1 year).
Timetable:
Action
Date FR Cite
Notice of
reconsideration of
final rule
Final Action
03/20/07 72 FR 13016
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO18
2909. PROTECTION OF
STRATOSPHERIC OZONE:
RESERVING PRE-2005 STOCKS OF
METHYL BROMIDE FOR CRITICAL
USE GROWERS
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7401 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the need to manufacture
additional methyl bromide to serve the
needs of approved critical users where
part of their overall need could be
served by drawing from the inventory
of methyl bromide produced prior to
January 1, 2005. Therefore, EPA intends
to issue an advance notice considering
the need to propose a regulation
restricting access to pre-2005 inventory
only to meet the needs of the approved
critical users, recognizing that such a
restriction would not replace in whole
or in part, the critical use nomination
process. This restriction would ensure
that those uses of methyl bromide that
do not seek and receive a critical use
nomination could not access pre-
phaseout inventory.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5137;
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO29
2910. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory,
October 17, 2011.
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? began in 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. In addition, an 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 the ANPRM. The
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Environment Protection Agency Spring 2008 Regulatory Agenda
79
EPA—Clean Air Act (CAA)
Long-Term Actions
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 Administrator's
final decision.
Timetable:
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
06/00/10
01/00/11
10/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5169;
EPA Docket information: EPA-HQ-OAR-
2007-0492
Agency Contact: Beth Hassett-Sipple,
Environmental Protection Agency, Air
and Radiation, C504-06, RTF, NC
27711
Phone: 919 541-4605
Fax: 919 541-0237
Email: hassett-sipple.beth@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
RTF, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO47
2911. NESHAP: AVIATION GASOLINE
DISTRIBUTION MACT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA H2(c)(6)
CFR Citation: 40 CFR 63
Legal Deadline: None
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. We are
also investigating the emission
inventory for alkylated lead and the
need to subject any source categories
to new rules. We are currently in
discussions to extend the court ordered
schedule.
Action
Date
FR Cite
NPRM
Final Action
06/00/09
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5175;
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO62
2912. REVIEW OF THE SECONDARY
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR OXIDES OF
NITROGEN AND OXIDES OF SULFUR
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,
February 12, 2010, No court schedule
has been ordered for this review? as of
yet. This date represents the date
submitted by EPA to the court.
Final, Judicial, October 19, 2010, No
court schedule has been ordered for
this review as of yet. This date
represents the date submitted by EPA
to the court.
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 5 years. On October 11, 1995, the
EPA published a final rule not to revise
either the primary or secondary
NAAQS for nitrogen dioxide (NO2).
That action provided the
Administrator's final determination,
after careful evaluation of comments,
that revisions to neither the primary
nor the secondary NAAQS for NO2
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 (SO2) 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 SO 2
would not be made at that time. On
December 9, 2005, the EPA/ORD
initiated the current periodic review of
NO2 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 SO2 air
quality criteria with a call for
information in the Federal Register. The
decision was made to review? the
secondary standards for NO2 and SO2
jointly while having separate reviews
for the primary NO2 (SAN 5111) and
primary SO2 (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
(ANPRM) that reflects the Agency's
policy assessments and views regarding
options to retain or revise the NO2
and/or SO2 secondary NAAQS. The
Administrator will propose to retain or
revise the NO2 and/or SO2 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 Administrator's final decision.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
08/00/09
02/00/10
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
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80
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Additional Information: SAN No. 5170;
EPA Docket information: EPA-HQ-OAR-
2007-1145
Agency Contact: Anne Rea,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-0053
Fax: 919 541-0905
Email: rea.anne@epa.gov
Ginger Tennant, Environmental
Protection Agency, Air and Radiation,
C504-06, RTF, NC 27711
Phone: 919 541-4072
Fax: 919 541-0237
Email: tennant.ginger@epa.gov
RIN: 2060-AO72
2913. • PROTECTION OF THE
STRATOSPHERIC OZONE: MOTOR
VEHICLE AIR CONDITIONING SYSTEM
SERVICING
Priority: Substantive, Nonsignificant
Legal Authority: CAATitle VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: The motor vehicle air
conditioning industry is considering a
move to alternative refrigerants. This
action would establish service,
maintenance and equipment provisions,
as required by the Clean Air Act, for
new alternative refrigerants in the
motor vehicle air conditioning sector.
These provisions will help ensure the
safe and effective servicing of motor
vehicle air conditioning systems.
Timetable:
Action
Date
FR Cite
NPRM
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5206;
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Fax: 202 343-2363
Email: thundiyil.karen@epa.gov
RIN: 2060-AO75
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
2914. NESHAP: NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS:
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Completed:
Reason
Date
FR Cite
Final Action
04/08/08 73 FR 18970
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Frank Behan
Phone: 703 308-8476
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG35
2915. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
MANUFACTURING, GLASS
MANUFACTURING AND SECONDARY
NONFERROUS METALS PROCESSING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.11435,
subpart RRRRRR; 40 CFR 63.11448,
subpart SSSSSS; 40 CFR 63.11462,
subpart TTTTTT
Reason
Date
FR Cite
NPRM
Final Action
09/20/07 72 FR 53838
12/26/07 72 FR 73180
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Fairchild
Phone: 919 541-5167
Fax: 919 541-3207
Email: fairchild.susan@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM12
2916. NESHAP: AREA SOURCE
STANDARDS—ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
11/06/06 71 FR 64907
12/28/07 72 FR 73611
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: David Markwordt
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Ken Hustvedt
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM14
2917. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
09/17/07 72 FR 52984
01/02/08 73FR226
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
State
Agency Contact: Conrad Chin
Phone: 919 541-1512
Fax: 919 541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
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Environment Protection Agency Spring 2008 Regulatory Agenda
81
EPA—Clean Air Act (CAA)
Completed Actions
Email: fruh.steve@epa.gov
RIN: 2060-AM36
2918. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING—AREA SOURCE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
2920. STANDARDS OF
PERFORMANCE FOR STATIONARY
SPARK IGNITED INTERNAL
COMBUSTION ENGINES AND AREA
SOURCE NESHAP FOR RICE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
2922. REVISIONS TO THE
CONTINUOUS EMISSIONS
MONITORING RULE FOR THE ACID
RAIN PROGRAM AND THE NOX
BUDGET TRADING PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 75 (Revision)
Completed:
Reason
Date
FR Cite
Reason
NPRM
Final Action
Date
06/12/06
01/18/08
FR Cite
71 FR 33804
73 FR 3568
Reason
Date
FR Cite
NPRM
Final Action
08/22/06 71 FR 49254
01/24/08 73 FR 4312
NPRM
Final Action
09/20/07 72 FR 53814
12/28/07 72 FR 74088
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM71
2919. NESHAP: GASOLINE
DISTRIBUTION AREA SOURCE
STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM81
2921. NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Matthew Boze
Phone: 202 343-9211
Fax: 202 343-9211
Email: boze.matthew@epamail.epa.gov
Beth Murray
Phone: 202 343-9211
Fax: 202 343-9211
Email: murray.beth@epamail.epa.gov
RIN: 2060-AN16
2923. NESHAP: PAINT STRIPPING
AND MISCELLANEOUS SURFACE
COATING OPERATIONS—AREA
SOURCES (INCLUDES AUTOBODY,
PAINT STRIPPING, AND MISC.
COATING PLASTIC PARTS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
NPRM
NPRM; extension of
public comment
period
Final Action
Date
11/09/06
01/08/07
01/10/08
FR Cite
71 FR 66064
72 FR 726
73 FR 1916
Completed:
Reason
Final Action 1
Final Action 2
Date
05/20/05
02/07/08
70
73
FR Cite
FR 29400
FR7210
Reason
Date
FR
Cite
NPRM 09/17/07 72 FR 52958
Final Action 01/09/08 73 FR 1738
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM74
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM85
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-0242
Email: Johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN21
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
2924. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 50
Completed:
Reason
Date
FR Cite
Final Action 03/27/08 73 FR 16435
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Agency Contact: Dave McKee
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN24
2925. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS:
RECONSIDERATION;
OVERWHELMING TRANSPORT
CLASSIFICATION
Priority: Other Significant
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Completed:
Reason
Date
FR Cite
Withdrawn 01/08/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Agency Contact: Denise Gerth
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
John Silvasi
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
RIN: 2060-AN26
2926. NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
LITIGATION AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 02/08/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN37
2927. ACTION ON PETITION TO LIST
DIESEL EXHAUST AS A HAZARDOUS
AIR POLLUTANT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 02/22/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN49
2928. NESHAP: AREA SOURCE
STANDARDS—RECIPROCATING
INTERNAL COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
Robert J. Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN62
2929. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR AEROSOL COATINGS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 59 subpart E
Completed:
Reason
Date
FR Cite
Final Action 03/24/08 73 FR 15603
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kaye Whitfield
Phone: 919 541-2509
Fax: 919 541-0072
Email: whitfield.kaye@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN69
2930. NEW SOURCE PERFORMANCE
STANDARDS (NSPS): EQUIPMENT
LEAKS—SUBPARTS VV & GGG
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
11/07/06 71 FR 65302
01/08/07 72FR724
Withdrawn
11/09/07
NPRM
NPRM; extension of
comment period
Notice of Data 07/09/07 72 FR 37157
Availability (NODA)
Final Action 11/16/07 72 FR 64860
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
83
EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: None
Agency Contact: Karen Rackley
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Ken Hustvedt
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN71
2931. TRANSPORTATION
CONFORMITY RULE AMENDMENTS
TO IMPLEMENT PROVISIONS
CONTAINED IN THE 2005
TRANSPORTATION BILL
(SAFETEA-LU)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 93; 40 CFR
51.390
Completed:
Reason
NPRM
Final Action
Date
05/02/07
01/24/08
FR Cite
72 FR 24472
73 FR 4420
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Rudolph Kapichak
Phone: 734 214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry
Phone: 734 214-4858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN82
2932. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): REASONABLE
POSSIBILITY IN RECORDKEEPING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51 app S; 40 CFR
51.165; 40 CFR 51.166; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/08/07 72 FR 10445
12/21/07 72 FR 72607
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lisa Sutton
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Jessica Montanez
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
RIN: 2060-AN88
2933. EXTENSION OF THE DEFERRED
EFFECTIVE DATE FOR 8-HOUR
OZONE NATIONAL AMBIENT AIR
QUALITY STANDARDS FOR THE
DENVER EARLY ACTION COMPACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date FR Cite
NPRM
Final Action
Final Action 2
03/01/07 72 FR 9285
06/28/07 72 FR 35356
09/21/07 72 FR 53952
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Barbara Driscoll
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epa.gov
David Cole
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epamail.epa.gov
RIN: 2060-AO05
2934. CHANGE IN REGULATORY
DEADLINE FOR RULEMAKING TO
ADDRESS THE CONTROL OF
EMISSIONS FROM NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 94
Completed:
Reason
Date
FR Cite
Reason
Date FR Cite
Withdrawal of Direct 06/19/07 72 FR 33694
Final
Final Action 12/07/07 72 FR 69522
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Michael Samulski
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Jean—Marie Revelt
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO26
2935. PROTECTION OF
STRATOSPHERIC OZONE:
EXTENSION OF GLOBAL LAB AND
ANALYTICAL USE EXEMPTION FOR
ESSENTIAL CLASS I OZONE
DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.8(b)
Completed:
Reason
Date
FR Cite
NPRM 09/13/07 72 FR 52332
Final Action 12/27/07 72 FR 73264
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Staci Gatica
Phone: 202 343-9469
Email: gatica.staci@epamail.epa.gov
Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AO28
2936. PROTECTION OF THE
STRATOSPHERIC OZONE: THE 2008
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Action
04/27/07 72 FR 20977
04/27/07 72 FR 20948
Notice of Solicitation of 04/17/07 72 FR 19197
Applications
-------
84
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Reason
Date FR Cite
NPRM
Final Action
08/27/07 72 FR 48956
12/28/07 72 FR 74118
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Aaron Levy
Phone: 202 343-9215
Fax: 202 343-2338
Email: levy.aaron@epamail.epa.gov
Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AO30
2937. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
OF REFRIGERANT RECYCLING AND
RECOVERY EQUIPMENT STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Direct Final Action 11/09/07 72 FR 63490
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Karen Thundiyil
Phone: 202 343-9464
Fax: 202 343-2363
Email: thundiyil.karen@epa.gov
RIN: 2060-AO32
2938. NONROAD DIESEL TECHNICAL
AMENDMENTS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 89; 40 CFR 1039
Completed:
Reason
Date
FR Cite
NPRM 09/18/07 72 FR 53204
Direct Final Action 09/18/07 72 FR 53118
Final Action; Partial 12/26/07 72 FR 72955
Withdrawal;
Revision
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Zuimdie Guerra
Phone: 734 214-1387
Fax: 734 214-4816
Email: guerra.zuimdie@epa.gov
Cleophas Jackson
Phone: 734 214-1824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
RIN: 2060-AO37
2939. REVISIONS TO CONSOLIDATED
FEDERAL AIR RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 65
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Action
Final—Correction
08/27/07 72 FR 48953
08/27/07 72 FR 48938
12/28/07 72 FR 73625
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Lula Melton
Phone: 919 541-2910
Fax: 919 541-4511
Email: melton.lula@epa.gov
RIN: 2060-AO45
2940. PUBLIC NOTIFICATION OF
UPCOMING REVISIONS TO STATE
IMPLEMENTATION PLANS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51.102(d)(l)
Completed:
Reason
Date
FR Cite
Withdrawn
04/15/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Agency Contact: Sean Lakeman
Phone: 404 562-9043
Fax: 404 562-9019
Email: lakeman.sean@epa.gov
Jerry Stubberfield
Phone: 919 541-0876
Fax: 919 541-7925
Email: stubberfield.jerry@epa.gov
RIN: 2060-AO49
2941. NATIONAL
PERCHLOROETHYLENE AIR
EMISSION STANDARDS FOR DRY
CLEANING FACILITIES:
CORRECTIONS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 63 subpart M
Completed:
Reason
Date
FR Cite
Direct Final Action 04/01/08 73 FR 17252
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-0242
Email: johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO52
2942. RULEMAKING TO ADDRESS
GREENHOUSE GAS EMISSIONS
FROM MOTOR VEHICLES
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 86, 40 CFR 80
Completed:
Reason
Date
FR Cite
Withdrawn 03/05/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Paul Argyropoulos
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
Robin Moran
Phone: 734 214-4781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AO56
2943. INTERPRETATION OF THE
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR PM2.5—
CORRECTING AND SIMPLIFYING
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
85
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Direct Final Action 01/09/08 73 FR 1497
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Mark Schmidt
Phone: 919 541-2416
Fax: 919 541-2357
Email: schmidt.mark@epa.gov
Lewis Weinstock
Phone: 919 541-3661
Fax: 919 541-1903
Email: weinstock.lewis@epa.gov
RIN: 2060-AO59
2944. NATIONAL EMISSIONS
STANDARDS FOR ASBESTOS-
AMENDMENTS (WITHDRAWN)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 61.140 to 61.157
Completed:
Reason
Date
FR Cite
Withdrawn 01/15/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Agency Contact: Keith Barnett
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Adele Cardenas
Phone: 214 665-7210
Fax: 214 665-7373
Email: cardenas.adele@epa.gov
RIN: 2060-AO64
2945. IN-USE TESTING FOR
HEAVY-DUTY DIESEL ENGINES AND
VEHICLES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Action
03/13/08 73 FR 13518
03/13/08 73 FR 13441
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rich Wilcox
Phone: 734 214-1390
Email: wilcox.rich@epamail.epa.gov
Khesha Jennings
Phone: 202 343-9499
Email:
jennings.khesha@epamail.epa.gov
RIN: 2060-AO69
2946. • FINAL 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
DESIGNATIONS FOR EARLY ACTION
COMPACT AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: Final, Judicial, April
7, 2008, Needs by 4/15—effective date
of current deferral for remaining 13
areas with deferred design-label
non—attainment if not effective on 4/15.
Abstract: This final EAC action
proposes to designate 13 EAC areas as
attainment for the 8-hour NAAQS. The
Denver EAC area has become
nonattainment effective November
2007. The current deferral date for
these 13 areas is April 15, 2008. This
FR notice also proposes to revoke the
1-hour ozone standard for these areas
1 year after their designations are
effective. This proposal must be signed
and published in time to allow a 15
day comment period and to go final
with publication by April 15, 2008.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/06/08 73 FR 6863
02/21/08
04/02/08 73 FR 17897
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4839.7; EPA publication information:
NPRM-
http://a257.g.akamaitech.net/7/
257/2422/01jan20081800/
edocket.access.gpo.gov/2008/pdf/E8-
2187.pdf; Split from RIN 2060-AO05.
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.; EPA Docket
information: EPA-HQ-OAR-2008-0006
Agency Contact: Barbara Driscoll,
Environmental Protection Agency, Air
and Radiation, C504-05, RTF, NC
20460
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, C304-05,
RTF, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epamail.epa.gov
RIN: 2060-AO83
2947. • ACRYLIC/MODACRYLIC
FIBERS, CHEMICAL
MANUFACTURING: CHROMIUM
COMPOUNDS, FLEXIBLE FOAM
FABRICATION AND FOAM PROD,
CARBON BLACK PROD, LEAD ACID
BATTERY MFG. WOOD PRESERVING;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: We received a petition for
review from Battery Council
International (BCI) on September 13,
2007 regarding the "National Emission
Standards for Hazardous Air Pollutants
for Area Sources: Acrylic and
Modacrylic Fibers Production, Carbon
Black Production, Chemical
Manufacturing: Chromium Compounds,
Flexible Polyurethane Foam Production
and Fabrication, Lead Acid Battery
Manufacturing, and Wood Preserving;
Final Rule. Clarification was requested
by the BCI on when tests that
demonstrate compliance with the rule
(known as performance tests) need to
be performed. Since we are amending
the rule to clarify the performance test
timing for the BCI, we are taking the
opportunity to correct several technical
errors in the rule for the other 6
categories as well. These errors include
typos, paragraphs that point to other
paragraphs incorrectly, and
clarifications on Section numbers.
-------
86
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Timetable:
Action
Date
FR Cite
Direct Final Action 03/26/08 73 FR 15923
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5012.1; Split from RIN 2060-AN44.;
EPA Docket information: EPA-HQ-OAR-
2006-0897
Agency Contact: Sharon Nizich,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, NC
27711
Phone: 919 541-2825
Fax: 919 541-0072
Email: nizich.sharon@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO85
2948. • NATIONAL VOLATILE
ORGANIC COMPOUND EMISSION
STANDARDS FOR AEROSOL
COATINGS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59 subpart E
Legal Deadline: None
Abstract: This action corrects and
clarifies certain text of the final rule
entitled "National Volatile Organic
Compound Emission Standards for
Aerosol Coatings," signed by the
Administrator November 15, 2007. EPA
subsequently determined that certain
explanatory and regulatory text in the
final rule contained incorrect and
possibly confusing statements on how
compounds are added to the list in
Table 2A, and how distributors are
defined for the purposes of the final
rule. This action corrects those
technical errors. These corrections do
not affect the substance of the final
rules, nor do they change the rights or
obligations of any party. Rather, this
action merely corrects certain technical
errors in the final rules.
Timetable:
Action
Date
FR Cite
Direct Final Action
03/24/08 73 FR 15421
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5030.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/July/Day-16/al3108.htm;
Split from RIN 2060-AN69.; EPA
Docket information: EPA-HQ-OAR-
2006-0971
Agency Contact: Kaye Whitfield,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-2509
Fax: 919 541-0072
Email: whitfield.kaye@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO86
2949. • APPROVAL OF LOUISIANA'S
PETITION TO RELAX THE SUMMER
GASOLINE VOLATILITY STANDARD
FOR THE GRANT PARISH AREA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7545
and 7601 (a)
CFR Citation: 40 CFR 80.27
Legal Deadline: None
Abstract: EPA is approving the State
of Louisiana's request to relax the
federal Reid Vapor Pressure (RVP)
standard applicable to gasoline
introduced into commerce in the
former Grant Parish ozone
nonattainment area (Grant Parish) from
June 1 to September 15 of each year.
This action amends our regulations to
change the summertime RVP standard
for Grant Parish from 7.8 pounds per
square inch (psi) to 9.0 psi. EPA has
determined that this change to our
federal RVP regulations is consistent
with criteria of Clean Air Act sections
107(d)(3) and 110(a), which require a
nonattainment area to be redesignated
to attainment and develop a
maintenance plan demonstrating that
the use of 9.0 psi gasoline will not
interfere with the attainment status for
the duration of the plan. Louisiana's
request is supported by evidence that
Grant Parish can implement the 9.0 psi
standard and maintain ozone
attainment.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
02/13/08 73 FR 8251
02/13/08 73 FR 8202
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5188;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2008/February/Day-13/a2705.pdf;
Agency Contact: Sean Hillson,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-4789
Fax: 734 214-4052
Email: hillson.sean@epamail.epa.gov
Kurt Gustafson, Environmental
Protection Agency, Air and Radiation,
6406J, Washington, DC 20005
Phone: 202 343-9219
Email: gustafson.kurt@epamail.epa.gov
RIN: 2060-AO87
2950. • CONTROL OF HAZARDOUS
AIR POLLUTANTS FROM MOBILE
SOURCES: EARLY CREDIT
TECHNOLOGY REQUIREMENT
REVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7542,
7545, 760l(a)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This action revises the
February 26, 2007 mobile source air
toxics rule (MSAT2) requirement that
a refiner make operational changes
and/or improvements in benzene
control technology to reduce gasoline
benzene levels in order to qualify to
produce early benzene credits. The
regulatory requirement contained in the
February 26, 2007 final rule lists four
allowable operational or technological
changes; this action allows another
specific benzene control technology,
benzene alkylation. This action also
includes a general provision that allows
a refiner to submit a request to EPA
to approve other benzene-reducing
operational changes or technologies,
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
87
EPA—Clean Air Act (CAA)
Completed Actions
thus allowing the refiner to qualify for
generating early credits.
Timetable:
Action
Date
FR Cite
Direct Final Action 03/12/08 73 FR 13132
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5209;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Tad Wysor, Environmental Protection
Agency, Air and Radiation, Ann Arbor,
MI 48105
Phone: 734 214-4332
Email: wysor.tad@epa.gov
RIN: 2060-AO89
2951. • FINDINGS OF FAILURE TO
SUBMIT RELATED TO SECTION
110(A)(2) SIP SUBMITTALS
Priority: Other Significant
Legal Authority: sec 110(a) of the Clean
Air Act
CFR Citation: 40 CFR 52
Legal Deadline: Final, Judicial, March
17, 2008, An extension was received
from Earthjustice for the signature of
the ozone notice by the CAA by March
17, 2008.
Abstract: This final rule would make
a finding that certain States have failed
to submit State Implementation Plans
(SIPs) to satisfy the requirements of
section 110(a)(l) and (2) of the Clean
Air Act (CAA) for the 8-hour ozone
National Ambient Air Quality
Standards (NAAQS). Section 110(a)(l)
of the CAA requires that States submit
SIPs to meet the applicable
requirements of section 110(a)(2) within
3 years after the promulgation of a new
or revised NAAQS, or within such
shorter period as EPA may provide.
Pursuant to section 110(a)(l), States are
required to submit SIPs that satisfy the
requirements of section 110(a)(2)
related to attainment, maintenance, and
enforcement of the NAAQS for the 8-
hour ozone standard. At present,
certain States have not yet submitted
SIPs to satisfy these requirements of the
Act, and EPA is by this action making
a finding of failure to submit, which
starts a 2 year clock for the
promulgation of a Federal
Implementation Plan (FIP) by EPA
unless, prior to that time, the affected
States make a submission that meets
the requirements of section 110(a)(2) for
the 8-hour ozone standard.
Timetable:
Action
Date
FR Cite
Final Action
03/27/08 73 FR 16205
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5229;
EPA Docket information: EPA-HQ-OAR-
2007-1173
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
RTF, NC 27711
Phone: 919 541-3354
Fax: 919 541-4028
Email: scavo.kimber@epamail.epa.gov
RIN: 2060-AP03
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
2952. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
that 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 Advance
Notice of Proposed Rulemaking was
issued to solicit early public input on
this issue.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
11/18/03 68 FR 65120
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054;
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
2953. TECHNICAL CHANGE TO DOSE
METHODOLOGY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
Legal Deadline: None
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88
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
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 12. 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
126. This action would update the 40
CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003;
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Final Rule Stage
2954. 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.
Timetable:
Action
NPRM
Final Action
Date
08/22/05
05/00/08
FR Cite
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;
EPA Docket information: EPA-HQ-OAR-
2005-0083
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
89
Environmental Protection Agency (EPA)
Noise Control Act (NCA)
Proposed Rule Stage
2955. REVISION OF
HEARING-PROTECTOR
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: Noise Control Act of
1972, sec 8
CFR Citation: 40 CFR 211, subpart B
Legal Deadline: None
Abstract: The Office of Air and
Radiation plans to undertake a revision
of EPA's regulation at 40 CFR Part 211,
Subpart B, regarding the labeling of
products that are sold wholly or in part
on the basis of their ability to reduce
the level of sound entering a person's
ears, typically referred to as "Hearing
Protectors." This action is being taken
under the authority of Section 8 of the
Noise Control Act of 1972, which
authorizes EPA to revise the current
compliance test methodologies as
necessary, and incorporate new test
methods and rating schemes to address
hearing protector technologies that have
evolved since initial promulgation of
the regulation in 1979.
Timetable:
Action
Date
FR Cite
NPRM 05/00/08
Final Action 09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5102;
Agency Contact: Ken Feith,
Environmental Protection Agency, Air
and Radiation, 6103, Washington, DC
20460
Phone: 202 564-1679
Fax: 202 564-1677
Email: feith.ken@epamail.epa.gov
Catrice Jefferson, Environmental
Protection Agency, Air and Radiation,
6103, Washington, DC 20460
Phone: 202 564-1668
Fax: 202 564-1677
Email:
jefferson.catrice@epamail.epa.gov
RIN: 2060-AO25
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
2956. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
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.
Timetable:
Action
Date FR Cite
NPRM
08/00/08
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:
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
2957. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a revision
of the Rules of Practice governing the
conduct of licensing adjudications
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The existing Rules of Practice
were originally promulgated by EPA in
1973. In the subsequent 35 years,
Congress has substantially amended
FIFRA, creating a number of additional
types of licensing adjudications that 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 that
have evolved and the precedents that
have been established since these rules
were first promulgated, EPA intends to
revise the FIFRA Rules of Practice.
Timetable:
Action
Date FR Cite
NPRM 01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Previously listed as RIN 2020-AA44.
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of General Council, 2333A,
Washington, DC 20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
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90
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Robert Perils, Environmental Protection
Agency, Office of General Council,
2333A, Washington, DC 20460
Phone: 202 564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
Related RIN: Previously reported as
2020-AA44
RIN: 2015-AAOO
2958. PESTICIDES; EXPANSION OF
CROP GROUPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346a
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: EPA is revising the pesticide
crop grouping regulations to create new
crop groupings, add new subgroups,
and expand existing crop groups by
adding new commodities. EPA expects
these revisions to promote greater use
of crop grouping for tolerance-setting
purposes and to facilitate the
availability of pesticides for minor crop
uses. The first revision in a series of
revisions to the crop grouping
regulations was finalized in December
2007. The next action is expected in
2008.
Timetable:
Action
Date FR Cite
NPRM1
Final Action 1
Final Action 1;
Technical
Amendment
NPRM2
05/23/07 72 FR 28920
12/07/07 72 FR 69150
01/02/08 73FR51
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5031;
EPA publication information: NPRM 1
- http://www.epa.gov/fedrgstr/EPA-
PEST/2007/May/Day-23/p9595.htm;
EPA Docket information: EPA-HQ-OPP-
2006-0766
URL For More Information:
cfpubl.epa.gov/oppref/
food feed/index, cfm
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9068
Fax: 703 305-5884
Email: cromwell.rame@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN:2070-AJ28
2959. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority: Other Significant
Legal Authority: 7 USC 136 tol36y
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: EPA is proposing a regulation
that would require certain pesticide
registrants to recycle certain plastic
pesticide containers. All registrants
who sell agricultural and professional
specialty pesticides in rigid,
nonrefillable high density polyethylene
(HOPE) containers (with capacities of
55 gallons or less) would have to
recycle, each year, a quantity of HOPE
equivalent to a specified percentage
(20, 30 or 40 percent or more) of the
weight of all rigid nonrefillable HOPE
containers used for their pesticide
products during the previous calendar
year. Pesticide container recycling
programs subject to the proposed rule
would be required to meet the
American National Standards Institute
and American Society of Agricultural
and Biological Engineers Standard S569
for "Recycling Plastic Containers from
Pesticides and Pesticide-Related
Products." The proposed regulation is
intended to protect human health and
the environment by promoting
recycling of pesticide containers to
reduce the risk of unreasonable adverse
effects to public health and the
environment that may be associated
with certain nonrefillable pesticide
containers and the associated residues.
Timetable:
Action
Date
FR Cite
NPRM 08/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5050;
Agency Contact: Jeanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ29
2960. • PESTICIDES; REVISIONS TO
PESTICIDE
CONTAINER/CONTAINMENT RULE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 156 and 165
Legal Deadline: None
Abstract: EPA will propose to make
minor changes to the final rule:
'Pesticide Management and Disposal;
Standards for Pesticide Containers and
Containment.' The proposed changes
include: 1) The correction of minor
typographical errors; 2) an extension of
the compliance date for the required
label statements; 3) a revision of the
phrase "distributed or sold" to
"released for shipment" as associated
with all of the compliance dates; 4) an
exemption of some container types
from portions of the required label
language; and 5) a revision to allow
registrants to request exceptions to or
modifications of the required label
language based on the nature of their
product containers.
Timetable:
Action
Date
FR Cite
NPRM 05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5223;
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-7385
Fax: 703 308-2962
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Environment Protection Agency Spring 2008 Regulatory Agenda
91
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Email: fitz.nancy@epa.gov
Kimberly Nesci, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-2962
Fax: 703 308-8005
Email: nesci.kimberly@epa.gov
RIN: 2070-AJ37
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
2961. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
POLICY AND PROCEDURES FOR
INITIAL SCREENING
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFR
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Section 408(p) of the Federal
Food, Drug, and Cosmetic Act, as
amended by the 1996 Food Quality
Protection Act, directs EPA to establish
and implement a program whereby
industry will be required to screen and
test all pesticide chemicals to
determine whether certain substances
may have an effect in humans that is
similar to an effect produced by a
naturally occurring estrogen, or such
other endocrine effect as the
Administrator may designate. The
requirements of Section 408(p) were
implemented through the creation of
the Endocrine 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 to 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). The public comment period
for the draft initial list ended on
February 11, 2008. 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 has developed
draft implementation policies and
procedures that 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. The
draft policies and procedures for the
initial EDSP testing was made available
for public comment with Federal
Register Notice published December 13,
2007. The public comment period for
the draft policies and procedures for
the initial EDSP testing was extended
to March 12, 2008 by a notice in the
Federal Register dated February 6,
2008.
Timetable:
Action
Date FR Cite
Notice; Draft
Procedures
Final; Procedures
12/13/07 72 FR 70842
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4728;
EPA publication information: Notice;
Draft Procedures -
http://www.epa.gov/fedrgstr/EPA-
TOX/2007/December/Day-
13/t24166.pdf; EPA Docket information:
EPA-HQ-OPPT-2007-1080
URL For More Information:
www. epa.gov/scipoly/oscpendo/
index.htm
Agency Contact: William Wooge,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7203M, Washington,
DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: wooge.william@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7203M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8483
Email: timm.gary@epa.gov
RIN: 2070-AD61
2962. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: As proposed, this regulation
would have established Pesticide
Management Plans (PMPs) as a new
regulatory requirement for certain
pesticides. Unless a State or tribal
authority had an EPA-approved Plan
specifying risk-reduction measures, use
of the chemical would be prohibited.
The rule would also specify procedures
and deadlines for development,
approval and modification of plans by
States and tribal authorities. Several
parameters of the program described in
the proposed rule were reconsidered to
determine whether the program could
address water quality issues rather than
ground-water only, and to determine
the best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was re-examined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date FR Cite
NPRM
Notice; Metolachlor
Supplemental Notice
& Extension of
Comment Period
06/26/96 61 FR 33259
02/23/00 65 FR 8925
03/24/00 65 FR 15885
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92
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Action
Date
FR Cite
Notice: Withdrawal of
NPRM
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3222;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
PEST/1996/June/Day-26/pr-768.html;
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Charles Evans,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-7199
Email: evans.charles@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
2963. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180; 40 CFR 178
Legal Deadline: None
Abstract: Section 408(m) of the Federal
Food, Drug, and Cosmetic Act requires
EPA to charge tolerance fees that, in
the aggregate, will cover all costs
associated with processing tolerance
actions, including filing a tolerance
petition, and establishing, modifying,
leaving in effect, or revoking a
tolerance or tolerance exemption. EPA
developed a final rule that would have
adjusted the fee structure and fee
amounts for tolerance actions. A final
rule completed OMB review? on
December 31, 2003, but has not been
issued because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibits EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned.
Timetable:
Action
Date
FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65 FR 45569
1
Supplemental NPRM 08/31/00 65 FR 52979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4027;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
PEST/1999/June/Day-09/pl4477.htm;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
fees/index.htm
Agency Contact: Lindsay Moose,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501P, Washington,
DC 20460
Phone: 703 305-7108
Fax: 703 305-6244
Email: moose.lindsay@epa.gov
RIN:2070-AJ23
2964. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat protein
genes to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances that plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat protein
genes from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
2001 Supplemental Proposal (66 FR
37855).
Timetable:
Action
NPRM Original
Supplemental NPRM
1
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Reproposal
Final Action
Date FR Cite
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27 132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
04/18/07 72 FR 19589
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
EPA publication information:
Supplemental NPRM 3-Request for
Comment on Alternate Name; This
action is a continuation of the action
described in RIN 2070-AC02. Since
several pieces of that action are now
finalized, the Agency is splitting this
piece into a separate Agenda entry so
that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
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Environment Protection Agency Spring 2008 Regulatory Agenda
93
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Tom McClintock,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8488
Fax: 202 564-8502
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
2965. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: 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.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Supplemental NPRM
1
Supplemental NPRM
2
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Supplemental NPRM 08/20/01 66 FR 43552
5
Notice; Withdrawal of To Be Determined
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611;
EPA publication information:
Supplemental NPRM 4 -
http://www.epa.gov/fedrgstr/EPA-
PEST/2001/July/Day-19/pl 7984.htm;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
2966. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: 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.
Timetable:
Action
Date FR Cite
NPRM Original 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Notice; Withdrawal of To Be Determined
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www. epa.gov/pesticides/
biopesticides/pips/index.htm
-------
94
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
lanet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
2967. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The Final Rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Action
NPRM
Notice
Final Action 1
Final Action 2
Date FR Cite
09/17/99 64 FR 50671
11/16/99 64 FR 62 145
12/14/01 66 FR 64759
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: Final
Action 1 -
http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname=2001
register&docid= frl4de01-9.pdf;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
www.epa.gov/oppad001/ regpolicy.htm
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510P,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa.gov
RIN: 2070-AD14
2968. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136i; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156;
40 CFR 152
Legal Deadline: None
Abstract: The EPA is proposing change
to federal regulations guiding the
certified pesticide applicator program
(40 CFR 171). Change is sought to
strengthen the regulations 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.
Timetable:
Action
Date
FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5007;
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
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-AJ20
2969. 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 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.
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
95
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
EPA held nine public meetings
throughout the country during which
the public submitted written and verbal
comments on issues of their concern.
In 2000 through 2004, EPA held
meetings where invited stakeholders
identified their issues and concerns
with the regulations.
Timetable:
Action
Date FR Cite
NPRM
06/00/10
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
2970. PESTICIDES; DETERMINATION
OF STATUS OF PRIONS AS PESTS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 40 CFR 152
Legal Deadline: None
Abstract: In 2004, the Agency stated
that it considered prions (proteinaceous
infectious particles) to be a "pest"
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The Agency intends to issue
a Notice of Proposed Rulemaking that
will propose to incorporate prions into
the definition of "pests" at 40 CFR
152.5.
Timetable:
Action
Date
FR Cite
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4985;
Agency Contact: Carlton Kempter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510P, Washington,
DC 20460
Phone: 703 305-5448
Fax: 703 308-6467
Email: kempter.carlton@epa.gov
Betty Shackleford, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7510P, Washington, DC
20460
Phone: 703 308-8169
Email: shackleford.betty@epa.gov
RIN:2070-AJ26
2971. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC I36a; 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 is one in
a series of proposals to update and
clarify pesticide data requirements.
Timetable:
Action
Date
FR Cite
NPRM
12/00/09
Regulatory Flexibility Analysis
Required: No
NPRM 05/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 5005;
URL For More Information:
www.epa.gov/oppbppdl/biopesticides/
pips/index.htm
Agency Contact: Kristen Hendricks,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-0308
Email: hendricks.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
2972. REGULATIONS TO FACILITATE
COMPLIANCE WITH THE FEDERAL
INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT BY PRODUCERS
OF PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 174; 40 CFR 152;
40 CFR 156; 40 CFR 167; 40 CFR 168;
40 CFR 169; 40 CFR 172
Legal Deadline: None
Abstract: Plant-Incorporated
Protectants (PIPs) are pesticidal
substances intended to be produced
and used in living plants and the
genetic material needed for their
production. EPA has been regulating
PIPs under FIFRA, including issuing
experimental use permits and
commercial registrations, for over 10
years, with the first commercial
registration of a PIP under FIFRA
issued in 1995. On July 19, 2001, EPA
published rules establishing much of
the current regulatory structure for
PIPs. This rulemaking effort is intended
to address the issues that were not
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
-------
96
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
significant violations. EPA also intends
to address activities that the Agency
does not believe warrant regulation and
will consider exempting those
activities, as appropriate, from FIFRA
in whole or in part.
Timetable:
Action
Date
FR Cite
04/04/07 72 FR 16312
04/11/07 72 FR 18191
ANPRM
Notice of Public
Meeting
ANPRM: Extension of 05/23/07 72 FR 28911
Comment Period
NPRM 12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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
URL For More Information:
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: 202 564-4146
Fax: 202 564-8502
Email: howie.stephen@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
RIN: 2070-AJ32
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
2973. PLANT-INCORPORATED
PROTECTANT—FUSION PROTEINS
(PIP-FPS)
Priority: Other Significant
CFR Citation: 40 CFR 174.3
Completed:
Reason
Date
FR Cite
Withdrawn
03/10/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kenneth Haymes
Phone: 202 564-0306
Fax: 202 564-8502
Email: haymes.kenneth@epa.gov
Elizabeth Milewski
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
RIN: 2070-AJ33
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
2974. TEST RULE; NONYLPHENOL
(NP) AND ITS ETHOXYLATES (NPE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
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.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM: Aromatic 06/06/94 59 FR 29255
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether 12/19/94 59FR65289
of Alkanetriol
Polymer (93-458)
NPRM: Certain 06/26/97 62 FR 34421
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
NPRM: Batch SNUR 10/06/06 71 FR 59066
Revocation
Direct Final Action: 03/29/07 72 FR 14681
Certain Chemical
Substances Batch
FY07-1
Direct Final Action: 09/19/07 72 FR 53470
Certain Chemical
Substances, Batch
FY07-2
NPRM-Proposed 05/00/08
SNURs on Certain
Chemical
Substances
Direct Final Action: 05/00/08
Certain Chemical
Substances, Batch
FY08-1
Direct Final Action: 12/00/09
Certain Chemical
Substances, Batch
FY09-1
Final Action: Batch 12/00/09
SNUR Revocation
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
97
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Action
Date FR Cite
Final: Alkenyl Etherof 12/00/09
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino 12/00/09
Ether (P90-1840)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
EPA publication information: NPRM:
Batch SNUR Revocation -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/October/Day-06/tl6574.htm;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/opptintr/newchems/
cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-9490
Email: schweer.greg@epa.gov
RIN: 2070-AB27
2976. 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 that 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
Direct Final Action;
Revocation;
Coke-Oven Light
Oil (Coal)
NPRM 2
12/26/00 65 FR 81658
03/16/06 71 FR 13709
12/08/06 71 FR 71058
05/00/08
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
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
RIN: 2070-AD16
2977. • POLYCHLORINATED
BIPHENYLS (PCBS);
MANUFACTURING (IMPORT)
EXEMPTION FOR DISPOSAL
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB that does not pose an unreasonable
risk of injury to health or the
environment. This entry is intended to
capture petitions that request an
exemption to dispose of PCBs. These
petitions are managed by the Office of
Solid Waste. Any petitions for
exemptions to manufacture PCBs other
than import for disposal are still
managed by the Office of Pollution
Prevention and Toxics, and are
captured by a separate Regulatory
Agenda entry.
Currently, one petition is pending. On
November 14, 2006, Veolia ES
Technical Solutions submitted a
petition to EPA to import up to 20,000
tons of PCB waste from Mexico for
disposal at Veolia's TSCA-approved
facility in Port Arthur, Texas.
Timetable:
Action
Date
FR Cite
NPRM: Veolia Petition 03/06/08 73 FR 12053
NPRM Comment 06/05/08
Period Extended
Final Action: Veolia To Be Determined
Petition
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
-------
98
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Additional Information: SAN No.
2150.2; EPA publication information:
NPRM: Veolia Petition -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/March/Day-06/t4429.pdf;
Split from RIN 2070-AB20.; EPA Docket
information: EPA-HQ-RCRA-2008-0123
URL For More Information:
www.epa.gov/pcb
Agency Contact: William Noggle,
Environmental Protection Agency,
Solid Waste and Emergency Response,
7404T, Washington, DC 20460
Phone: 703 347-8769
Fax: 202 566-0473
Email: noggle.william@epamail.epa.gov
Frank Mcalister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 7404T,
Washington, DC 20460
Phone: 703 308-8196
Fax: 202 566-0473
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AG42
2978. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: In support of the residential
upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
Substances Control Act (TSCA)
covering certain flame retardant
chemicals 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 would provide EPA with the
opportunity to evaluate their use as
flame retardant chemicals in RUF, and
if necessary to prohibit or limit such
activity before it occurs to prevent any
unreasonable risk of injury to human
health or the environment.
Timetable:
Action
Date
FR Cite
NPRM 03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4512;
EPA Docket information: EPA-HQ-
OPPT-2002-0074
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@epamail.epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AD48
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
2979. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 "TSCA
6"
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (EDF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act (TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
petition, however, the Agency believes
that a labeling provision would not
adequately address the risk of injury to
waterfowl and other birds (waterbirds),
from ingestion of lead fishing sinkers.
In addition, EPA also believes that zinc
fishing sinkers adversely affect
waterbirds, and can cause mortality.
Therefore, EPA has proposed a rule
under section 6(a) of TSCA to prohibit
the manufacturing, processing, and
distribution in commerce in the United
States, of certain smaller size fishing
sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass. EPA intends to
publish a notice withdrawing the
proposal.
Timetable:
Action
Date FR Cite
05/13/91 56 FR 22096
03/09/94 59 FR 11122
06/00/08
ANPRM
NPRM
Notice: Withdrawal of
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252;
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0486
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Environment Protection Agency Spring 2008 Regulatory Agenda
99
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
lulie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC21
2980. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/07/06 71 FR 11485
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/March/Day-07/t2152.pdf;
EPA Docket information: EPA-HQ-
OPPT-2002-0051
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
URL For More Information:
www.epa.gov/oppt/newchems/
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Kenneth Moss, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9232
Email: moss.kenneth@epa.gov
RIN: 2070-AD58
2981. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d)
"TSCA 8(d)"
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require chemical
manufacturers, importers, and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) section 8(d) Health and
Safety Data Reporting Rule (40 CFR
part 716). These chemicals have been
identified by the Office of Pollution
Prevention and Toxics, other EPA
offices, and other Federal agencies, as
well as recommended for testing
consideration by the Interagency
Testing Committee (ITC). The
Regulatory Agenda identifies the most
recent rules and any anticipated rules.
Timetable:
Action
Date FR Cite
Final Rule for51st ITC 05/04/04 69 FR 24517
List (has actions
from lists 43, 47,
and 50)
Final Rule for 55th 08/16/06 71FR47130
56th and 58th ITC
Lists
Final Rule for 60th ITC 01/29/08 73 FR 5109
List
Final Action for61st 06/00/08
ITC List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
EPA publication information: Final
Rule for 55th 56th and 58th ITC Lists
- http://www.epa.gov/fedrgstr/EPA-
TOX/2006/August/Day-16/tl3489.htm;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Joe Nash,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epamail.epa.gov
Gerry Brown, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov
RIN: 2070-ABll
2982. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
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100
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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 as chemicals are
identified.
Timetable:
Action
Date FR Cite
NPRM: 09/27/89 54 FR 39548
2,4-Pentanedione
NPRM: Heavy Metals 01/15/02 67 FR 1937
Final: 2,4 12/00/08
Pentanedione
Final: Heavy Metals 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 1923;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AA58
2983. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. The
Agency is considering specific
chemicals that are not voluntarily
sponsored in the HPV Challenge
Program as candidates for rules under
Section 4 and 8 of the Toxic Substances
Control Act (TSCA). Although this
Initiative is not a rulemaking, EPA has
included it in the Regulatory Agenda
to inform the public.
Timetable:
Action
Date FR Cite
Notice: Announces 12/26/00 65 FR 81686
Program
Notice: Report on 12/00/08
Status
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
EPA publication information: Notice;
Announces Program -
http://www.epa.gov/fedrgstr/EPA-
TOX/2000/December/Day-
26/t32497.pdf; See also items identified
under the following RINs 2070-AD09;
2070-AD38; RIN 2070-AD16; RIN 2070-
AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/volchall.htm
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epa.gov
Jeffrey Taylor, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8828
Fax: 202 564-4775
Email: taylor.jeffrey@epa.gov
RIN: 2070-AD25
2984. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: PFOA is a synthetic (man-
made) chemical that does not occur
naturally in the environment. EPA
identified data gaps regarding the
sources and exposure pathways of
PFOA and is seeking additional data
concerning the potential relationship
between fluoropolymer and
fluorotelomer based polymer chemicals
and PFOA. EPA has invited interested
parties to monitor and participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers that may
metabolize or degrade to PFOA. These
testing programs would be set in place
preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of the Toxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section 4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date FR Cite
Final: EGA and CO for 07/08/05 70 FR 39630
Fluoropolymer
Chemicals
Incineration
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Environment Protection Agency Spring 2008 Regulatory Agenda
101
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Action
Date FR Cite
Final: EGA and CO for 07/08/05 70 FR 39624
Fluorotelomer-
based Polymer
Chemicals
Incineration
Notice: Telomer 08/00/08
Report
Notice: Fluoropolymer 10/00/09
Report
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.1; EPA publication information:
Final: EGA and CO for Fluorotelomer-
based Polymer Chemicals Incineration
- http://www.epa.gov/fedrgstr/EPA-
TOX/2005/July/Day-08/tl3492.htm;
EPA Docket information: EPA-HQ-
OPPT-2003-0012
URL For More Information:
www.epa.gov/oppt/pfoa/index.htm
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Rich Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Ave,
NW, Washington, DC 20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ06
2985. TESTING AGREEMENT FOR
DIETHANOLAMINE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of 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 the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final: EGA and 06/00/08
Consent Order
Final: EGA and 06/00/09
Consent Order 2
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ09
2986. CLARIFICATION ON TSCA
INVENTORY STATUS OF ACTIVATED
PHOSPHORS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
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 section 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 has
sought public comment through a
clarification proposed in the Federal
Register on draft interpretation in this
area to ensure that the necessary clarity
is provided. EPA intends to complete
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102
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
this activity with a Final notice in late
2008.
Timetable:
Action
Date FR Cite
Notice
Final Clarification
01/16/08 73 FR 2854
08/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4984;
EPA publication information: Notice -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/!anuary/Day-16/t681.pdf;
EPA Docket information: EPA-HQ-
OPPT-2007-0392
URL For More Information:
www. epa.gov/opptintr/newchems/
pubs/invntory.htm
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: schutz.david@epa.gov
Miriam Wigganslewis, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9373
Fax: 202 564-9262
Email: wigganslewis.miriam@epa.gov
RIN: 2070-AJ21
2987. NANOSCALE MATERIALS
UNDER TSCA
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Nanoscale materials are
chemical substances containing
structures on the scale of approximately
1 to 100 nanometers, and may have
different molecular organizations and
properties than the same chemical
substances on a larger scale. Because
such materials may have novel
properties and present novel issues,
evaluating and managing health and
environmental risks of nanoscale
materials poses a new challenge. Under
the Toxic Substances Control Act, EPA
has the authority to require the
development of data necessary for the
assessment of chemical substances and
mixtures from persons that manufacture
or process them when statutory
findings concerning (1) production
volume and exposure/entry into the
environment or (2) potential hazard can
be made, and to prevent and eliminate
unreasonable risk of injury to human
health and environment from chemical
substances and mixtures. The Office of
Pollution Prevention and Toxics
(OPPT) is establishing a voluntary
program to assemble existing data and
information from manufacturers and
processors of certain nanoscale
materials. With this assembled material,
EPA will take appropriate steps to
protect human health and the
environment from unreasonable risk
from these substances. In October 2006
EPA announced a collaborative process
to design a nanoscale material
stewardship program inviting 500
organizations and agencies to
participate. 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 was published in January
2008. EPA intends to publish an
interim evaluation in March 2009 and
a final evaluation of the program
including next steps in April 2010.
Timetable:
Action
Date FR Cite
07/12/07 72 FR 38083
01/28/08 73 FR 4861
03/00/09
04/00/10
Notice (Draft for
Comment)
Notice (Final)
Notice—Interim
Evaluation
Notice—Final
Evaluation
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5058;
EPA publication information: Notice
(Draft for Comment) -
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: 202 564-9490
Email: alwood.jim@epa.gov
Jim Willis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-0104
Fax: 202 564-9490
Email: willis.jim@epamail.epa.gov
RIN: 2070-AJ30
2988. SIGNIFICANT NEW USE RULE
FOR CHLORANIL
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: Chloranil is used as a basic
feedstock for certain dyes and pigments
and in the production of rubber tires.
Chloranil was one of the chemicals
identified for testing in the
Dioxin/Furan (D/F) test rule. Early
testing results revealed that dioxin
levels in Chloranil could vary by more
than two orders of magnitude
depending on the chemical
manufacturing process involved. It
appeared that the "low dioxin"
manufacturing process could produce
Chloranil with dioxin contamination
levels below 20 ppb TEQ. Based on this
information, EPA entered into a formal
agreement with Chloranil importers
(there was no domestic production of
"high dioxin" Chloranil) to only import
Chloranil made through the "low
dioxin" process. As a follow up to this
agreement, a Chloranil Significant New
Use Rule (SNUR) was proposed in
1993. Under the provisions of the draft
SNUR any Chloranil imported or
domestically produced with dioxin
contamination levels greater than 20
ppb TEQ would be considered a new
use and require reporting under Sec.
5(a)(l)(A) of the Toxic Substances
Control Act. In the SNUR proposal EPA
stated that it would not promulgate a
final rule until it had all of the D/F
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Environment Protection Agency Spring 2008 Regulatory Agenda
103
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
test rule data. EPA accepted the final
test rule data in lime 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 significant time has
passed since proposal, OPPT reopened
the comment period in 2007.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period Reopened
NPRM Comment
Period End
Final Action
05/12/93 58 FR 28000
01/30/07 72 FR 4224
03/16/07
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
1923.1; EPA publication information:
Reopening of Comment Period -
http://www.epa.gov/fedrgstr/EPA-
TOX/2007/January/Day-30/tl413.htm;
Split from RIN 2070-AA58.
Agency Contact: Dwain Winters,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1977
Fax: 202 566-0470
Email: winters.dwain@.epa.gov
Brian Symmes, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1983
Fax: 202 566-0470
Email: symmes.brian@epa.gov
RIN: 2070-AJ31
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
2989. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments. On
February 3, 1994, EPA issued an
interim final rule to revise the asbestos
MAP to clarify the types of persons
who must be accredited to work with
asbestos in schools and public or
commercial buildings; to increase the
minimum number of hours of training
for asbestos abatement workers and
contractor/supervisors, including
additional hours of hands-on health
and safety training; and to effect a
variety of other necessary changes as
mandated by section 15(a)(3) of the
ASMARA. This interim final rule
satisfied the statutory deadline. EPA
will continue to consider finalizing the
MAP rule and/ or promulgating
regulatory revisions to sunset current
EPA MAP accreditations granted to
training providers.
Timetable:
Action
Date FR Cite
Model Plan
Interim Final Rule
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148;
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
www.epa.gov/asbestos/
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Shiela Canavan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Email: canavan.shiela@epa.gov
RIN: 2070-AC51
2990. LEAD-BASED PAINT
ACTIVITIES; BRIDGES AND
STRUCTURES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2682; 15 USC
2684; PL 102-550 sec 402; PL 102-550
sec 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program that may be
adopted by any State that seeks to
administer and enforce a State Program.
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104
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
EPA promulgated regulations for LBP
activities in target housing and child
occupied facilities as well as training
and certification of training programs
for LBP activities in 1996 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date FR Cite
NPRM
05/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4376;
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
www.epa.gov/oppt/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC64
2991. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
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.
Timetable:
Action
Date FR Cite
NPRM: 84-1 056
NPRM: 86-566
NPRM: Aluminum
Cross-linked
Sodium
Carboxymethyl-
cellulose
Final: 84-1 056
Final: 86-566
Final: Aluminum
Cross-linked
Sodium
Carboxymethyl-
cellulose
06/11/86
12/08/87
06/11/93
12/00/09
12/00/09
12/00/09
51 FR21199
52 FR 46496
58 FR 32628
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/opptintr/newchems/
cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-9490
Email: schweer.greg@epa.gov
RIN: 2070-AA59
2992. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is 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 the 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
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
105
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
of several provisions of section 112 of
the CAA including determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPs.
Timetable:
Action
Date FR Cite
NPRM
NPRM Extension of
Comment Period
Final Action
10/20/06 71 FR 61926
12/18/06 71 FR 75704
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/October/Day-20/al7569.htm;
EPA Docket information: EPA-HQ-
OPPT-2002-0073
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB79
2993. TESTING FOR EXISTING
CHEMICALS (OVERVIEW ENTRY FOR
FUTURE NEEDS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced and
enters the environment in substantial
quantities or there is or may be
significant or substantial human
exposure to the chemical, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop data via TSCA Section 4
Enforceable Consent Agreements
(EGAs) and Voluntary Testing
Agreements (VTAs). EGAs and VTAs
are usually less resource intensive than
formal TSCA rulemaking and allow
EPA to consider agreed-upon pollution
prevention and other types of product
stewardship initiatives by the chemical
industry as a possible substitute for or
adjunct to certain types of 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 that provides the reasons for not
doing so in the case of a particular
chemical (such reasons may involve the
existence of a VTA). The Agency may
also consider test rules, EGAs or VTAs
for chemicals or categories of chemicals
which have been identified for testing
consideration by other Federal or other
EPA offices through EPA review
processes. This regulatory agenda entry
is considered a "generic entry" because
it is intended to alert the public that
within the next 6 months the Agency
may consider other chemicals for test
rules, EGAs or VTAs that are not yet
identified. A separate activity specific
entry will be included in the regulatory
agenda once the Agency decides to
develop a test rule, EGA or VTA.
Timetable:
Action
Date
FR Cite
ANPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB94
2994. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 of 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 and
decisions have been made on whether
additional data are needed for 12 of the
15. Information on VCCEP and the
chemical assessments submitted to date
are available to the public on the
Agency's Web site. 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.
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106
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
08/26/99 64 FR 46673
03/29/00 65 FR 16590
12/26/00 65 FR 81700
Notice: Initiation of
Stakeholder
Process & Public
Meeting
Notice: Stakeholder
Involvement
Process & Public
Meeting
Notice Announcing
VCCEP& Pilot
Notice: Pilot 11/20/06 71 FR 67121
Evaluation Request
for Feedback
Notice To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876;
EPA publication information: Notice:
Initiation of Stakeholder Process &
Public Meeting -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/1999/August/Day-
26/g22203.htm;
www.epa.gov/chemrtk/vccep/
index.htm; EPA Docket information:
EPA-HQ-OPPT-2006-0341
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www. epa.gov/oppt/vccep/
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8171
Fax: 202 564-4765
Email: penberthy.ward®.epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
RIN: 2070-AC27
2995. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33178
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
2
NPRM—Reproposal 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/1996/June/Day-26/pr-
24153DIR/pr-24153.pdf;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Rich Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Ave, NW, Washington, DC 20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AC76
2996. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agency's
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4(a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1) and the
Clean Air Act (CAA) section 112.
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific communities. Data from this
action would also be used to
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
107
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section ll2(b)(l) list of HAPs
(delisting).
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD10
2997. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that the Office of
Pollution Prevention and Toxics
(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 OF As 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 that will have
a regulatory impact once an EGA or
other testing action is proposed.
Timetable:
Action
Date FR Cite
To Be Determined
To Be Determined
Final: EGA and
Consent Order
Notice Soliciting
Participation
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Rich Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Ave,
NW, Washington, DC 20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AD28
2998. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: On March 4, 1991, EPA
issued a proposed TSCA Section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
obtained under these various data
collection/development programs will
be used to inform EPA's decision
regarding the need to repropose and
ultimately finalize this TSCA Section
4 Test Rule for some or all of the
subject chemicals and for which
endpoints they should be tested.
Timetable:
Action
Date FR Cite
03/04/91 56 FR 9092
To Be Determined
NPRM Original
NPRM—Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD44
2999. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
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Environment Protection Agency Spring 2008 Regulatory Agenda
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Long-Term Actions
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances.
Timetable:
Action
Date FR Cite
Final Rule for51st ITC 06/11/03 68 FR 34832
List
Final Rule for 53rd ITC 12/07/04 69 FR 70552
List
Final Rule for 55th, 08/16/06 71FR47122
56th and 58th ITC
Lists
Final Action—Next To Be Determined
ITC List including
8(a)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
EPA publication information: Final
Rule for 51st ITC List-51st ITC List;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Joseph Nash,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epa.gov
Gerry Brown, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov
RIN: 2070-AB08
3000. REFRACTORY CERAMIC
FIBERS (RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals including Refractory Ceramic
Fibers (RCFs). RCFs are amorphous
synthetic fibers that are part of a 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) when
appropriate, to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date FR Cite
NPRM Original
Final Action
03/21/94 59 FR 13294
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528;
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
3001. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses that
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR Part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598;
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202 564-8983
Fax: 202 564-9062
Email: chow.flora@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3002. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Other Significant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: EPA intends to amend
existing requirements to clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and amend existing regulatory text to
resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. Small businesses and
state/local/tribal governments that sell
or lease target housing will be affected
in that they will need to become
familiar with new/revised requirements
that apply to these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date
FR Cite
NPRM 08/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4777;
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential
Property Managers
URL For More Information:
www.epa.gov/oppt/lead/
Agency Contact: John Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wilkins.john@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epa.gov
RIN: 2070-AD64
3003. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory). The ANPRM
outlined four identification elements
that EPA currently believes are
appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. The Agency
also solicited public comment on
several specific questions relating to
this topic. EPA is currently evaluating
the comments received and is
developing a proposed rulemaking.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
11/15/04 69 FR 65565
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4878;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
TOX/2004/November/Day-
15/t25307.htm; ; EPA Docket
information: EPA-HQ-OPPT-2003-0058
Agency Contact: Greg Fritz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8583
Fax: 202 564-9490
Email: fritz.greg@epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7406M, Washington, DC
20460
Phone: 202 564-9064
Email: passe.loraine@epa.gov
RIN: 2070-AJ04
3004. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On January, 17, 1992 (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 EGA, 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
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Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
existing screening level data, or, if none
exist, to develop such data on US HPV
chemicals. Because some overlap of
testing in the HPV Challenge and this
EGA initiative were identified, the
industry committed to develop the
screening level data for the HPV
Challenge Program before continuing
with further development of the EGA.
In this way, results from the HPV
Challenge program would feed back
into consideration of needs for the EGA
testing and, where possible, could avert
some or all of the potential overlap
testing. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject aryl phosphate base stocks
under an EGA.
Timetable:
Action
Date FR Cite
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
ANPRM
NPRM Original
Final: EGA and
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Rich Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Ave,
NW, Washington, DC 20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ07
3005. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On June 25, 1991, 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
repropose and ultimately finalize this
TSCA Section 4 Test Rule for some or
all of the subject chemicals.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/25/91
To Be
56 FR 29140
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN:2070-AJ08
3006. TESTING AGREEMENT FOR
HYDROGEN FLUORIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including hydrogen fluoride
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Hydrogen
Fluoride (HF) Panel submitted a
proposal for alternative testing
involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final: EGA and 06/00/09
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.5;
URL For More Information:
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Environment Protection Agency Spring 2008 Regulatory Agenda
111
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ10
3007. TESTING AGREEMENT FOR
PHTHALIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including phthalic anhydride
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Phthalic
Anhydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996. EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final: EGA and 06/00/09
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.7
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJll
3008. TESTING AGREEMENT FOR
MALEIC ANHYDRIDE
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of 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 data specified in the proposed
HAPs Section 4 test rule, as amended.
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
Final: EGA and 06/00/09
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.6;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Email: leukroth.rich@epa.gov
RIN: 2070-AJ13
3009. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the "Act") of
a premanufacture notice, a significant
new use notice or an exemption notice
to EPA for the chemical substance. 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 definitive guidance concerning
the procedures regarding transfer of
ownership, this issue has not been
addressed in a clear and consistent
manner. Furthermore, it is not always
clear when the transferee 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 address such transfers;
(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 thereby allowing
the Agency to engage in more
meaningful compliance monitoring.
Timetable:
Action
Date FR Cite
NPRM
06/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975;
Agency Contact: Miriam Wigganslewis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9373
Fax: 202 564-9262
Email: wigganslewis.miriam@epa.gov
RIN: 2070-AJ15
3010. • SIGNIFICANT NEW USE RULE
FOR ELEMENTAL MERCURY IN FLOW
METERS, MANOMETERS, AND
PYROMETERS
Priority: Routine and Frequent
Legal Authority: TSCA 5(a)
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Elemental mercury has been
used in many industrial and consumer
applications due to its unique
properties. Certain uses of elemental
mercury can lead to releases to the
environment during manufacturing,
recycling, or disposal. Under certain
conditions, mercury in the environment
can cause adverse effects in humans
and wildlife. Some State governments
have restricted certain uses of mercury
and have requested federal action to
bolster these efforts. In 2006, EPA
committed to pursue reductions in
mercury used in switches, relays, and
measuring devices. In 2007, EPA issued
a Significant New Use Rule (SNUR) for
elemental mercury used in certain
switches previously installed in motor
vehicles. EPA has now identified three
more discontinued uses of mercury that
have cost-effective alternatives. The
discontinued uses of mercury are use
in flow meters, manometers on oil and
gas pipelines, and pyrometers. The
SNUR would require persons to notify
EPA at least 90 days before
commencing the manufacture or
processing of mercury for these three
uses.
Timetable:
Action
Date
FR Cite
NPRM 08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5238;
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1973
Email: slotnick.sue@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
RIN: 2070-AJ36
3011. • POLYCHLORINATED
BIPHENYLS (PCBS); PETITIONS
SEEKING A MANUFACTURING
(IMPORT) EXEMPTION FOR USE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(e)(3)(B)"
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing, and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB, which does not pose an
unreasonable risk of injury to health or
the environment. This entry is intended
to capture petitions that request an
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Environment Protection Agency Spring 2008 Regulatory Agenda
113
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
exemption to use PCBS. These petitions
are managed by the Office of Pollution
Prevention and Toxics. Petitions that
request an exemption to dispose of
PCBs are managed by the Office of
Solid Waste and are captured by a
separate regulatory agenda entry.
Currently, no petitions are pending.
Timetable:
Action
Date
FR Cite
New DOD Petition
DOD Petition
NPRM
04/30/07 72 FR 21190
09/18/07 72 FR 53152
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: NAICS Codes
5622, 56292, 92. SAN 2150; Action
formerly tracked under RIN 2070-AB20.
URL For More Information:
www.epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Related RIN: Previously reported as
2070-AB20
RIN: 2070-AJ39
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3012. LEAD-BASED PAINT;
AMENDMENTS FOR RENOVATION,
REPAIR, AND PAINTING
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Final Action 04/22/08 73 FR 21691
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Mike Wilson
Phone: 202 566-0521
Fax: 202 566-0471
Email: wilson.mike@epa.gov
Doreen Cantor
Phone: 202 566-0486
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
RIN: 2070-AC83
3013. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 761 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn
03/05/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Sara McGurk
Phone: 202 566-0480
Fax: 202 566-0473
Email: mcgurk.sara@epamail.epa.gov
Peter Gimlin
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AD52
Environmental Protection Agency (EPA)
Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Proposed Rule Stage
3014. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION
Priority: Other Significant
Legal Authority: 42 USC 1102
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQJ for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA will propose a rule that
would revise the TPQ for solids in
solution and seek comment on an
alternative approach. EPA is pursuing
this proposal in part based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). If the TPQ for solids
in solution is raised, it would result
in relieving some facilities (number and
type unknown at this time) from the
regulatory emergency planning and
notification requirements under Section
302-304 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA). EPA intends to evaluate
various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
Date FR Cite
NPRM
11/00/08
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114
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
Environmental Protection Agency (EPA)
Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Final Rule Stage
3015. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS TO PARTS 355 AND
370
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address some
of the remaining issues from the
proposed rule of June 8, 1998.
Reporting thresholds for gasoline and
diesel fuel at retail gas stations were
finalized on February 11, 1999 (64 FR
7031). This rule will address those
reporting changes in section B of the
preamble to the proposed rule under
the heading "Other Regulatory
Changes." The revisions in this rule
will have only minimal impact on the
regulated community. Most of the
changes are minor revisions and
clarifications of interpretation that EPA
has been providing the regulated
communities. In addition, as stated in
the proposed rule, 40 CFR parts 355
and 370 will be reorganized and
rewritten in Plain English format to
make them clearer and easier to use.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/08/98 63 FR 31268
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3215;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/June/Day-08/fl 4490.htm;
EPA Docket information: Docket
Number 300RR-IF1
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
3016. • TOXIC CHEMICAL RELEASE
REPORTING USING REVISED 2007
NORTH AMERICAN INDUSTRY
CLASSIFICATION SYSTEM (NAICS)
CODES
Priority: Routine and Frequent
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: With this action, EPA is
proposing updates to the list of TRI-
covered North American Industry
Classification System (NAICS) codes
based on the OMB 2007 NAICS
revision. In addition, EPA is also
proposing to make minor corrections to
the list of North American Industry
Classification System (NAICS) codes
subject to reporting under the Toxics
Release Inventory. These corrections
stem from minor omissions to the final
list of covered TRI NAICS codes from
the final rule adopting NAICS for TRI,
which was published on June 6, 2006.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
03/06/08 73 FR 12045
04/07/08
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5207;
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202 566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
Rebecca Moser, Environmental
Protection Agency, Office of
Environmental Information, 1200
Pennsylvania Ave,, Washington, DC
20460
Phone: 202 566-0252
Fax: 202 566-0741
Email: moser.rebecca@epamail.epa.gov
RIN: 2025-AA22
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Environment Protection Agency Spring 2008 Regulatory Agenda
115
Environmental Protection Agency (EPA)
Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Long-Term Actions
3017. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores cannot be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/09
03/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
URL For More Information:
www. epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AAll
3018. TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action 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. The deletion of this
chemical would eliminate all the
reporting requirements under the Toxic
Chemical Release Reporting Rule.
Timetable:
Action
Date FR Cite
Response To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; EPA publication information:
Response-Chromium; Split from RIN
2025-AAOO. Formerly listed as RIN
2070-ACOO. Statutory deadline: Within
180 days of receipt the Agency must
either initiate rulemaking or explain
why not in the Federal Register.
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA16
3019. TRI; RESPONSE TO PETITION
TO ADD DIISONONYL PHTHALATE TO
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013
"EPCRA 313"
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to add
diisononyl phthalate to the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition a notice of
petition denial will be published. The
addition of this chemical would make
it subject to all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
Timetable:
Action
Date
FR Cite
NPRM Original
09/05/00 65 FR 53681
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116
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Long-Term Actions
Action
Date FR Cite
Notice of Data
Availability
Final Action
06/14/05 70 FR 34437
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; EPA publication information:
NPRM Original-Diisononyl phthalate
(DINP) (Request to Add); Split from
RIN 2025-AAOO. Formerly listed as RIN
2070-ACOO. Statutory deadline: Within
180 days of receipt the Agency must
either initiate rulemaking or explain
why not in the Federal Register.
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA17
3020. TRI; RESPONSE TO PETITION
TO DELETE ACETONITRILE FROM
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
acetonitrile from the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition a notice of
petition denial will be published. The
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response 05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.3; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA19
3021. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 370
Legal Deadline: None
Abstract: This supplemental proposal
will address reporting thresholds for
rock salt, sand, gravel and other
chemicals 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.
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Environment Protection Agency Spring 2008 Regulatory Agenda
117
EPA—Emergency Planning and Community RIGHT-TO-Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3215.1; Split from RIN 2050-AE17.
Agency Contact: Sicy lacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AG40
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3022. 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
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision); 40 CFR 262.58; 40 CFR
264.12(a)(2); 40 CFR 265.12(a)(2); 40
CFR 266.80(a); 40 CFR 262.55; 40 CFR
262.60(e); 40 CFR 264.71(a)(e); 40 CFR
265.71 (a)(e)
Legal Deadline: None
Abstract: The Agency is considering
amending the existing regulation under
the Resource Conservation and
Recovery Act (RCRA) regarding the
transboundary movement of hazardous
waste among countries belonging to the
Organization for Economic Cooperation
and Development (OECD), as specified
in 40 CFR 262 subpart H. Proposed
regulatory changes under consideration
include, but are not limited to,
reducing the number of control levels,
exempting qualifying shipments sent
for laboratory analysis from certain
paperwork requirements, requiring
recovery facilities to submit a certificate
of recovery, and adding provisions for
the return or re-export of wastes subject
to Amber control procedures under the
OECD framework. These amendments
would implement revisions that the
OECD made to both its framework for
hazardous waste transboundary
movements between member countries
and to its waste lists. The revisions
were adopted by the OECD to create
a more streamlined, uniform system for
exports and imports, resulting in a
more efficient international recycling
market and increased recycling among
the member countries. Since the United
States supported the 2001 Decision and
is a party to the OECD, the United
States is legally obligated to implement
these changes within its domestic
regulations. Besides addressing the
amendments adopted by the OECD in
2001 and 2004, the Agency may also
seek to clarify certain existing
provisions in subpart H that were
identified as potentially ambiguous to
the regulated community. In addition
to the OECD amendments, the Agency
is considering amending the regulations
under RCRA regarding the
transboundary movements of spent
lead-acid batteries being reclaimed, as
specified in 40 CFR part 266 subpart
G. Currently, spent lead-acid batteries
destined for export/reclamation are not
subject to the export notification and
consent requirements specified in 40
CFR part 262. Allowing the export of
spent lead-acid batteries without prior
notice and consent of the receiving
country is not consistent with widely-
accepted international practices. These
proposed amendments would require
appropriate notice and consent for
those batteries intended for
export/reclamation. EPA is considering
amending the current regulations in the
interest of harmonizing them with both
the amendments adopted by the OECD
in 2001 and EPA's existing export
requirements for RCRA Universal
Waste.
Timetable:
Action
Date
FR Cite
NPRM
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
EPA Docket information: EPA-HQ-
RCRA-2005-0018
Agency Contact: Laura Coughlan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0005
Fax: 703 308-0514
Email: coughlan.laura@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
3023. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA REGULATORY
DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: 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.
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118
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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 ensure 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.
Timetable:
Action
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51523
01/00/09
NPRM Original
NPRM
NPRM on
Determination
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2647;
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Tricia Buzzell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303P, Washington, DC 20460
Phone: 703 308-8622
Fax: 703 308-8609
Email: buzzell.tricia@epa.gov
RIN: 2050-AC71
3024. 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.
Timetable:
Action
Date FR Cite
Notice of Data
Availability
NPRM
10/20/03 68 FR 59935
10/00/08
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
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Environment Protection Agency Spring 2008 Regulatory Agenda
119
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Phone: 703 308-8748
Fax: 703 308-0514
Email: elliott.ross@epa.gov
RIN: 2050-AG34
3025. AMENDMENT TO THE
UNIVERSAL WASTE RULE: ADDITION
OF PHARMACEUTICALS
Priority: Other Significant
Legal Authority: 42 USC 69l2(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
CFR Citation: 40 CFR 273
Legal Deadline: None
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.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5127;
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-7418
Fax: 703 308-0514
Email: lauer.lisa@epa.gov
Meg McCarthy, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8653
Fax: 703 308-0514
Email: mccarthy.meg@epa.gov
RIN: 2050-AG39
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3026. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 requires
EPA to prepare guidelines in the
Federal Register that designate items
that are or can be made with recovered
materials and to issue
recommendations for government
procurement of these items. Once
designated, procuring agencies are
required to purchase these items with
the highest percentage of recovered
materials practicable. Government
procurement of EPA-designated items
containing recovered materials fosters
markets for recovered materials and,
thereby, closes the recycling loop. To
date, EPA has designated 61 items
under four Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3, CPG4
and CPG5). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG that provides
recommendations on buying the
designated items. E.O. 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. A CPG for 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.
Timetable:
Action
Date FR Cite
Action
NPRM-CPG1
Final CPG 1
NPRMCPG2
Final CPG2
NPRM-CPG3
Date FR Cite
04/20/94 59 FR 18892
05/01/95 60 FR 2 1370
11/07/96 61 FR 57748
11/13/97 62 FR 60962
08/26/98 63 FR 45558
01/19/00 65 FR 3069
08/28/01 66 FR 45256
07/16/03 68 FR 42040
68 FR 68813
69 FR 24028
12/10/03
04/30/04
09/00/08
To Be Determined
Final-CPG3-RMAN3
NPRMCPG4
NODAon Nylon
Carpet
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
Final CPG for Nylon
Carpet
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545;
EPA Docket information: For CPG V
rule: EPA-HQ-RCRA-2003-0005
Sectors Affected: 92119 All Other
General Government; 92111 Executive
Offices
URL For More Information:
www. epa.gov/cpg
Agency Contact: Marlene RedDoor,
Environmental Protection Agency,
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120
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE23
3027. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent-contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over-regulated
because they pose little threat to human
health and the environment. EPA
revised its risk analysis used 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. A
Notice of Data Availability will be
published to allow the public the
opportunity to comment on the revised
risk analysis.
If finalized, this regulation will 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
that 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, has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
Date
FR Cite
NPRM
Notice of Data
Availability
Final Action
11/20/03 68 FR 65586
08/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
20/f28652.htm; EPA Docket
information: EPA-HQ-RCRA-2003-0004
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
URL For More Information:
www.epa.gov/epaoswer/hazwaste/id/
solvents/wipes.htm
Agency Contact: Teena Wooten,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
3028. HAZARDOUS WASTE
MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE (F019 LISTING
AMENDMENT IN WASTEWATER
TREATMENT SLUDGES FROM ZINC
PHOSPHATING PROCESSES IN
AUTOMOTIVE ASSEMBLY PLANTS)
Priority: Other Significant
Legal Authority: 42 USC 3001
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Legal Deadline: None
Abstract: Automobile 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.
Timetable:
Action
NPRM
Final Action
Date FR Cite
01/18/07 72 FR 2219
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4834;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2007/January/Day-18/f640.htm;
EPA Docket information: EPA-HQ-
RCRA-2006-0984
URL For More Information:
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: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Robert Kayser, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-7304
Fax: 703 308-0514
Email: kayser.robert@epa.gov
RIN: 2050-AG15
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Environment Protection Agency Spring 2008 Regulatory Agenda
121
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3029. RULEMAKING TO STREAMLINE
LABORATORY WASTE MANAGEMENT
IN ACADEMIC AND RESEARCH
LABORATORIES
Priority: Other Significant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The College and University
Laboratory rulemaking is focusing on
the ways to make the Resource
Conservation and Recovery Act a better
fit for the laboratory setting and to
improve reuse, recycling, and the
overall management of chemicals in the
laboratory settings. EPA recognizes the
unique aspects of academic laboratories
compared with large manufacturing
processes. For example, academic
laboratories generate small amounts of
many different wastes while large
manufacturing processes tend to
generate large amounts of a few wastes.
Our goal is to improve the program to
better protect human health and the
environment, through standards that
are harmonious with the way academic
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by improving the fit
through regulatory changes to 40 CFR
262.34.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/23/06 71 FR29712
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4920;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/May/Day-23/f4654.htm;
No legal deadline.; EPA Docket
information: EPA-HQ-RCRA-2003-0012
Sectors Affected: 6113 Colleges,
Universities and Professional Schools;
6112 Junior Colleges
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0522
Email: mercer.patricia@epa.gov
Kristin Fitzgerald, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8286
Fax: 703 308-0522
Email: fitzgerald.kristin@epa.gov
RIN: 2050-AG18
3030. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Priority: Other Significant
Legal Authority: RCRA 4004
CFR Citation: 40 CFR 261.38
Legal Deadline: None
Abstract: EPA has proposed to expand
the comparable fuel exclusion under
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: (1) 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 (2) conditions for tanks storing ECF
for which conditions are typical of
those for storage of commercial fuels,
and are tailored for the hazards that
ECF may pose. Comments were
received by September 14, 2007. EPA
is currently addressing issues raised by
commenters and is developing the final
rule.
Timetable:
Action
Date FR Cite
NPRM
Notice: Extension of
Comment Period
Final Action
06/15/07 72 FR 33284
07/19/07 72 FR 39587
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4977;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-15/alll30.pdf;EPA
Docket information: EPA-HQ-RCRA-
2005-0017; http://www.regulations.gov
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
combust/comp fuels/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
3031. DEFINITION OF SOLID WASTES
REVISIONS
Priority: Other Significant
Legal Authority: 42 USC 6903 RCRA
sec 1004
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: On October 28, 2003 (68 FR
61558), EPA proposed revisions to the
definition of solid waste for hazardous
secondary materials being reclaimed in
a continuous process in the generating
industry in an effort to increase the
recycling of such materials. The Agency
also took comment on a broader
proposal to exclude hazardous
secondary materials from being a solid
waste under RCRA subtitle C. This
proposal was in part prompted by
various court decisions about the extent
of RCRA jurisdiction over hazardous
secondary materials being recycled. In
the same notice, the Agency also
proposed criteria for determining
whether or not hazardous secondary
materials are recycled legitimately; the
legitimacy criteria would apply to both
those hazardous secondary materials
that were excluded, as well as those
that would remain subject to regulation
under subtitle C of RCRA. EPA received
numerous comments on the proposal.
In addition, EPA has conducted studies
of recycling practices and the
circumstances under which recycling of
hazardous secondary materials are
reclaimed in an environmentally sound
manner, as well as when such
reclamation has caused environmental
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122
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
4670.1; EPA publication information:
NPRM Original - http://www.epa.gov/
fedrgstr/EP A-WASTE/2003/
October/Day-28/f26754.htm; Split from
RIN 2050-AE98.; EPA Docket
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
Action
NPRM Original
Supplemental NPRM
Final Action
Date
10/28/03
03/26/07
07/00/08
FR Cite
68 FR 61 558
72 FR 14172
information: EPA-HQ-RCRA-2002-0031
URL For More Information:
www.epa.gov/epaoswer/hazwaste/dsw/
index.htm
Fax: 703 308-0514
Email: atagi.tracy@epa.j
RIN: 2050-AG31
gov
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3032. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 69l2(a) RCRA
2002(a); 42 USC 6921(a) RCRA 3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that some additional control of CKD
was needed and published a regulatory
determination (60 FR 7366, 2/7/1995).
On August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA Subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD. The Agency 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 3 to 5 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.
Timetable:
Action
Date FR Cite
Regulatory
Determination
NPRM
Notice - Extend
Comment Period
NODA1
Notice -Extend
Comment Period
Final Action
02/07/95 60 FR 7366
08/20/99 64 FR 45632
10/28/99 64 FR 58022
07/25/02 67 FR 48648
11/08/02 67 FR 68 130
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856;
EPA publication information: NoDA 1
- http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc. cgi?dbname=
2002_register&docid= fr25jy02-57.pdf;
EPA Docket information: EPA-HQ-
RCRA-1999-0011
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 605-0595
Email: englander.jana@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE34
3033. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
steam electric power generators, i.e.,
electric utilities and independent
power producers. This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), which
concluded that waste management
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
123
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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 issued on August
29, 2007, 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. The
comment period for this NODA closed
on February 11, 2008.
Timetable:
Action
Date FR Cite
NODA
NPRM
08/29/07 72 FR 49714
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470;
EPA publication information: NODA -
http://frwebgatel.access.gpo.gov/ cgi-
bin/waisgate.cgi?WAISdoclD=
623368417775+2+0+0&WAISaction=
retrieve; 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
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: livnat.alexander@epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE81
3034. RCRA SMARTER WASTE
REPORTING
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 262.40;
40 CFR 262.41; 40 CFR 264.16; 40 CFR
264.52; 40 CFR 264.56; 40 CFR 264.73;
40 CFR 264.75; 40 CFR 264.98 et seq;
40 CFR 265.16; 40 CFR 265.52; 40 CFR
265.56; 40 CFR 265.73; 40 CFR 265.98
et seq; 40 CFR 266.103; 40 CFR 268.7;
40 CFR 268.9; 40 CFR 270.16; 40 CFR
270.17; 40 CFR 270.30
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4735;
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AF01
3035. HAZARDOUS WASTE MANIFEST
REVISIONS—STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority: Other Significant
Legal Authority: 42 USC 6922; 42 USC
6923; 42 USC 6924; 42 USC 6926; PL
105-277
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: This action is aimed at
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
-------
124
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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 U.S. 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 FY2008
budget request for this system), or on
new Congressional authority for EPA to
collect user fees.
Timetable:
Action
Date FR Cite
NPRM Original
Notice of Public
Meeting
NODA
NODAi2
Final Action
05/22/01 66 FR 28240
04/01/04 69 FR 17145
04/18/06 71 FR 19842
02/26/08 73 FR 10204
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; EPA publication information:
NPRM Original -
http://www.gpo.gov/su docs/aces/fr-
cont.html; Split from RIN 2050-AE21.;
EPA Docket information: EPA-HQ-
RCRA-2001-0032
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Agency Contact: Rich LaShier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
3036. WASTE MANAGEMENT
SYSTEM; TESTING AND MONITORING
ACTIVITIES; METHODS INNOVATION
RULE; CORRECTION
Priority: Info./Admin./Other
Legal Authority: 33 USC I345(d); 33
USC 1345 (e); 42 USC 6902(a); 42 USC
6907; 42 USC 6912(1); 42 USC 6944;
42 USC 6945(c); 42 USC 6949(c)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: 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
nonhazardous solid waste regulations.
EPA is correcting errors inadvertently
made by the MIR to appendix II to part
258 of the RCRA regulations.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5128;
EPA Docket information:
www.regulations.gov
EPA-HQ-RCRA-2002-0025
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
test/mir.htm
http://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: 703 308-0490
Email: kirkland.kim@epa.gov
RIN: 2050-AG38
3037. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The National Environmental
Performance Track program was
designed and endorsed across the
Agency with support and collaboration
among EPA, States, and environmental
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
over 500 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.
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
125
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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: (l) Alternative requirements for
small quantity generators that
experience episodic generation events
that would otherwise cause a shift in
generator status for the facility; and (2)
reduced duplication between RCRA
and CAA standards. These incentives
will be available only to facilities that
are members of the Performance Track
program. Should a facility choose to
leave the program, any regulatory
benefits they receive will no longer be
available. None of the proposed
provisions in this action will involve
any reduction in environmental
protection.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4828;
URL For More Information:
www. epa.gov/perftrac/index. htm
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2884
TDD Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epamail.epa.gov
Andy Teplitzky, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington, DC
20460
Phone: 202 566-2947
TDD Phone: 202 566-2872
Fax: 202 566-0966
Email: teplitzky.andy@epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3038. REGULATION OF OIL-BEARING
HAZARDOUS SECONDARY
MATERIALS FROM THE PETROLEUM
REFINING INDUSTRY PROCESSED IN
A GASIFICATION SYSTEM TO
PRODUCE SYNTHESIS GAS
Priority: Other Significant
CFR Citation: 40 CFR 260; 40 CFR 261
Completed:
Reason
Date
FR Cite
NPRM
Notice: Extension of
Comment Period
Final Action
03/25/02 67 FR 13684
06/11/02 67 FR 39927
01/02/08 73FR57
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Elaine Eby
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
Rick Brandes
Phone: 703 308-8871
Fax: 703 308-8433
Email: brandes.william@epa.gov
RIN: 2050-AE78
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3039. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Final 20
NPRM 24
Final 21
NPRM 25
Final Tex-Tin
Final 22
NPRM 26
Final 23
NPRM 27
NPRM Midnight Mine
NPRM 28
Final 24
NPRMAImeda
Final 25
NPRM 29
Final Pools Prairie
NPRM 30
Final Action
Date FR Cite
03/06/98 63 FR 11 332
03/06/98 63 FR 11 340
07/28/98 63 FR 40 182
07/28/98 63 FR 40247
09/18/98 63 FR 49855
09/29/98 63 FR 5 1848
09/29/98 63 FR 5 1882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24949
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
09/17/99 64 FR 50459
10/22/99 64 FR 56992
10/22/99 64 FR 56966
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action
Final Action
NPRM1
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 51 567
12/01/00 65 FR 75 179
12/01/00 65 FR 75215
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 6531 5
04/30/03 68 FR 23077
04/30/03 68 FR 23094
-------
126
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Final 35 (adds 12
sites)
NPRM40
Final 36
NPRM— Vieques
Final 37
NPRM 41
Final — Vieques
Final 38
NPRM 42
Final 39
NPRM 43
Final 40
NPRM 44
Final 41
NPRM 45
Final 42
NPRM 46
Final 43
09/29/03 68 FR 55875
03/08/04 69 FR 10646
07/23/04 69 FR 43755
08/13/04 69 FR 501 15
09/23/04 69 FR 56949
09/23/04 69 FR 56970
02/11/05 70 FR 71 84
04/27/05 70 FR 21 644
04/27/05 70 FR 21 71 8
09/1 4/05 70 FR 54286
09/14/05 70 FR 54327
04/19/06 71 FR20016
04/19/06 71 FR 20052
09/27/06 71 FR 56399
09/27/06 71 FR 56433
03/07/07 72 FR 10078
03/07/07 72 FR 10105
09/19/07 72 FR 53463
NPRM 47 09/19/07 72 FR 53509
Final 44 03/19/08 73 FR 14719
NPRM 48 03/19/08 73 FR 14742
Final 45 09/00/08
NPRM 49 09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA publication information: NPRM-44
- http://frwebgate6.access.gpo.gov/ cgi-
bin/waisgate.cgi?WAISdocID=
619330216737+l+0+0&WAISaction=
retrieve; ; EPA Docket information:
www.regulations.gov EPA-HQ-SFUND-
2007-0685 through 0696
URL For More Information:
www. epa.gov/superfund
Agency Contact: Terry leng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 202 603-8833
Fa-*' 7f\"\ fifl1}— Q1D4
J- dA.. / \JO \J\JO iy ±\J^
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
Environmental Protection Agency (EPA) Final Rule Stage
Comprehensive Environmental Response, Compensation and Liability Act
3040. CERCLA/EPCRA NOTIFICATION
REQUIREMENTS AND THE
AGRICULTURAL SECTOR
Priority: Other Significant
Legal Authority: 42 USC 9603; 42 USC
11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: The notice of proposed
rulemaking provides notice of, and
requests comments, including any
relevant data, on a proposed
administrative reporting exemption
from particular notification
requirements under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) and the Emergency Response
Planning and Community Right-to-
Know Act (EPCRA), also known as
Title III of the Superfund Amendments
and Reauthorization Act.
Specifically, the proposed
administrative reporting exemption
applies to releases of hazardous
substances to the air where the source
of those hazardous substances is animal
waste at farms. Nothing in the proposed
rule, however, changes the notification
requirements if hazardous substances
are released to the air from any other
source other than animal waste at farms
(i.e., ammonia tanks), as well as
releases of any hazardous substances
from animal waste to any other
environmental media (i.e., soil, ground
water, surface water) when the release
of those hazardous substances is at or
above its reportable quantity per 24
hours. This administrative reporting
exemption is protective of human
health and the environment and
consistent with the Agency's goal to
reduce reporting burden where there
would likely be no Federal, state or
local emergency response to such
release reports. Eliminating such
reporting will allow emergency
response officials to better focus on
releases where the Agency is more
likely to take a response action. Finally,
the proposed administrative reporting
exemption from the notification
requirements under CERCLA section
103(a) and EPCRA section 304, does
not propose to limit any of its
authorities under CERCLA sections 104
(response authorities), 106 (abatement
actions), 107 (liability), or any other
provisions of CERCLA or EPCRA.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/28/07 72 FR 73700
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5117;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
28/a25231.pdf; ; EPA Docket
information: EPA-HQ-SFUND-2007-
0469
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AG37
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Environment Protection Agency Spring 2008 Regulatory Agenda
127
Environmental Protection Agency (EPA) Long-Term Actions
Comprehensive Environmental Response, Compensation and Liability Act
3041. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 to 9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: The Agency is considering a
proposal for corrections and other
changes to 40 CFR 302.4, the
Designation of Hazardous Substances.
The proposal may include the
correction of entries for individual
substances, entries for F-and K- waste
streams and entries in appendix A of
40 CFR 302.4. Other aspects of the
proposal may include additional
substances as entries in Table 302.4,
appendix A to section 302.4, and the
table in section 302.6(b)(iii); removal of
other entries from these lists; and
amendments to certain footnotes that
explain entries in Table 302.4.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AF03
3042. NATIONAL CONTINGENCY
PLAN REVISIONS TO ALIGN WITH
THE NATIONAL RESPONSE PLAN
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: The purpose of this
regulation is to revise the National
Contingency Plan (NCP) to align it with
the National Response Plan (NRP), as
required by the Department of
Homeland Security. The purpose of the
NCP is to provide the organizational
structure and procedures for preparing
for and responding to discharges of oil
and releases of hazardous substances,
pollutants, and contaminants, (see 40
CFR 300.1). The purpose of the NRP
is to provide a guide that describes how
the nation conducts all-hazard response
to domestic incidents. The NRP was
developed by the Department of
Homeland Security, in 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 for an incident. The NRP
does not alter the existing authorities
of Federal departments and agencies
but rather establishes the coordinating
structures, processes, and protocols
required to integrate the authorities of
various agencies into an all-hazard
approach to incident management. EPA
is making another minor revision to the
NCP. The descriptions of Federal
agency capabilities are being updated,
and modifications are being made
where appropriate to reflect the new
Department of Homeland Security
organization.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4971;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3043. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC I32l(d)(2);
CWA 311(d)(2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. This rulemaking
will propose revisions to subpart J to
clarify and change protocols for
effectiveness and toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) that may affect natural resources
belonging to or under the exclusive
management authority of the United
States.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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128
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Additional Information: SAN No. 4526;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
www. epa.gov/oilspill
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1970
Fax: 202 564-2625
Email: nichols.nick@epa.gov
Leigh DeHaven, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1974
Fax: 202 564-2625
Email: dehaven.leigh@epa.gov
RIN: 2050-AE87
3044. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Other Significant
Legal Authority: PL 106-554, sec 1404
to 1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop any such 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
would reduce environmental impacts of
cruise ships operating in the waters of
Alaska, the Alexander Archipelago, and
the Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
3045. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
AIRPORT DEICING OPERATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from airport deicing
operations. Based on preliminary study
and on public comments, discharges
from deicing operations have the
potential to cause fish kills, algae
blooms, and contamination to surface
or ground waters. A source of these
pollutants is aircraft deicing fluid 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.
Effluent guidelines for these operations
would apply only to wastewaters that
are considered point source discharges.
Discharges that are non-point sources
would not be subject to any potential
effluent guidelines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
12/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948;
EPA Docket information: EPA-HQ-OW-
2004-0038
URL For More Information:
www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epa.gov
Brian D'Amico, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1069
Fax: 202 566-1053
Email: damico.brian@epa.gov
RIN: 2040-AE69
3046. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE CONSTRUCTION AND
DEVELOPMENT POINT SOURCE
CATEGORY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: Other, Judicial,
December 1, 2007, Data collection,
identification of best options, and
development of cost—benefit models
completed.
NPRM, Judicial, December 1, 2008, FR
Publication by 12/1/2008 as per
12/5/2006 Court Order.
Final, Judicial, December 1, 2009, FR
Publication by 12/1/2009 as per
12/5/2006 Court Order.
Abstract: This rulemaking will
establish effluent limitations and
standards for stormwater discharges
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
129
EPA—Clean Water Act (CWA)
Proposed Rule Stage
associated with construction and
development activities. This
rulemaking and its schedule respond to
a court order that requires the Agency
to promulgate final regulations by
December of 2009. The effluent
limitations and standards will control
the discharge of pollutants such as
sediment in stormwater runoff from
construction and development activities
and will be implemented through the
issuance of NPDES permits.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/08
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5119;
URL For More Information:
www.epa.gov/guide/construction
Agency Contact: Jesse Pritts,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
Ron Jordan, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1003
Fax: 202 566-1053
Email: jordan.ronald@epa.gov
RIN: 2040-AE91
3047. NPDES GENERAL PERMITS
FOR DISCHARGES INCIDENTAL TO
THE NORMAL OPERATIONS OF A
VESSEL
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 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 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 section 301(a)
against the discharge of a pollutant
without a permit.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/08
09/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5162;
Agency Contact: Juhi Saxena,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0719
Email: saxena.juhi@epamail.epa.gov
Ryan Albert, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0763
Email: albert.ryan@epamail.epa.gov
RIN: 2040-AE93
3048. • CRITERIA AND STANDARDS
FOR COOLING WATER INTAKE
STRUCTURES—PHASE II REMAND
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: CWA 101; 301; 304;
308; 316; 401; 402; 501; and 510
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: None
Abstract: Section 316(b) of the Clean
Water Act (CWA) requires EPA to
ensure that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available (BTA) to protect
aquatic organisms from being killed or
injured by impingement or
entrainment. EPA divided this
rulemaking into three phases. Phase II,
for existing electric generating plants
that use at least 50 MGD of cooling
water, was completed in July 2004.
Industry and environmental
stakeholders challenged the Phase II
regulations. On judicial review?, the
Second Circuit remanded several key
provisions. In July 2007, EPA
suspended Phase II and is now
initiating a new 316(b) Phase II
rulemaking. EPA expects this new
rulemaking will similarly apply to
approximately 600 existing electric
generating plants and will address the
Second Circuit's issues on restoration,
reliance on cost-benefit analysis, and
the definition of BTA.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5210;
URL For More Information:
www. epa.gov/waterscience/316b
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1076
Email: shriner.paul@epamail.epa.gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1035
Email: matuszko.jan@epamail.epa.gov
RIN: 2040-AE95
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130
Environment Protection Agency Spring 2008 Regulatory Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3049. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Other Significant
Legal Authority: CWA 301; 304; 306;
307; 308; 402; 501
CFR Citation: 40 CFR 122; 40 CFR 412
Legal Deadline: None
Abstract: This rulemaking is in
response to the U.S. Court of Appeals
for the Second Circuit's February 28,
2005, decision in Waterkeeper Alliance
vs. EPA, which remanded and/or
vacated certain provisions in the
Concentrated Animal Feeding
Operations (CAFO) rule found at 40
CFR parts 122 and 412. Two vacatures
from the case affect the 1) requirement
that all CAFOs with the potential to
discharge apply for an NPDES permit,
and 2) provisions that fail to require
the terms of nutrient management plans
(NMPs) to be reviewed by the public,
approved by the permitting authority,
and made enforceable terms of NPDES
permits. This rule would maintain the
duty to apply for CAFOs that discharge
or propose to discharge, and would
establish an optional means for
nondischarging CAFOs to self-certify
that they do not discharge or propose
to discharge if they qualify for
certification. The rule also would
establish a process to make terms of
the NMPs available for public
comment, approved by the permit
authority, and incorporated into the
permit. The proposal identifies three
approaches to identifying the minimum
required terms of NMPs to be included
in NPDES permits. It is EPA's intention
to make only those changes necessary
to address the issues raised by the
court.
Timetable:
Action
Date FR Cite
NPRM 06/30/06 71 FR37744
Supplemental NPRM 03/07/08 73 FR 12321
Supplemental NPRM 04/07/08
Coment Period End
Final Action 07/00/08
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;
EPA Docket information: EPA-HQ-OW-
2005-0037
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
3050. WATER TRANSFERS RULE
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 122.3
Legal Deadline: None
Abstract: This rulemaking addresses
the question of whether the National
Pollutant Discharge Elimination System
(NPDES) permitting program under
section 402 of the Clean Water Act
(CWA) is applicable to water control
facilities that merely convey or connect
navigable waters. For purposes of this
action, the term "water transfer" refers
to any activity that conveys or connects
navigable waters (as that term is
defined in the CWA) without subjecting
the water to intervening industrial,
municipal, or commercial use. This
rulemaking focuses exclusively on
water transfers and is not relevant to
whether any other activity is subject to
the CWA permitting requirement.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/07/06 71 FR 32887
06/00/08
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
Michael G. Lee, Environmental
Protection Agency, Water, 2355A,
Washington, DC 20460
Phone: 202 564-5486
Fax: 202 564-5531
Email: lee.michaelg@epamail.epa.gov
RIN: 2040-AE86
3051. IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: None
Legal Deadline: None
Abstract: In the 2001 Federal Register
notice of the availability of EPA's
recommended water quality criterion
for methylmercury, EPA stated that it
would develop associated procedures
and guidance for implementing the
criterion. For states and authorized
tribes exercising responsibility under
CWA section 303(c), this document
provides technical guidance on how
they might want to use the
recommended 2001 fish tissue-based
criterion to develop and implement
their own water quality standards for
methylmercury. The guidance
addresses topics 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.
Timetable:
Action
Date
FR Cite
Final Document 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5098;
EPA Docket information: Docket ID No.
EPA-HQ-OW-2006-0656
URL For More Information:
www.epa.gov/waterscience/criteria/
methylmercury
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Environment Protection Agency Spring 2008 Regulatory Agenda
131
EPA—Clean Water Act (CWA)
Final Rule Stage
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
3052. 2008 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 33 USC 1251,
et seq; 33 USC 1311(d); 33 USC
1314(b); 33 USC 1314(g); 33 USC
1314(m); 33 USC 1316; 33 USC 1317
(b)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 21, 2008, Final Plan.
Abstract: EPA publishes a final
Effluent Guidelines Plan every other
year after taking comment on a
preliminary plan, as required by
Section 304(m) of the Clean Water Act.
This Federal Register notice presents
EPA's Effluent Guidelines Program Plan
for 2008. This notice also discusses
EPA's annual review of effluent
limitations guidelines and standards
undertaken pursuant to sections 304(b),
304(g), and 307(b). EPA's 2008 Plan
will identify guidelines that may be
revised or new guidelines that may be
developed, and will provide a schedule
for such rulemaking.
Timetable:
Action
Date FR Cite
Proposed Plan
Final Plan
10/30/07 72 FR 61335
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5064;
EPA publication information: Proposed
Plan-
http://www.epa.gov/fedrgstr/EPA-
WATER/2007/October/Day-30/
w21310.pdf; ; EPA Docket information:
EPA-HQ-OW-2006-0771
URL For More Information:
www.epa.gov/guide/plan.html
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Samantha Lewis, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AE89
3053. • REVISIONS TO THE CLEAN
WATER ACT REGULATORY
DEFINITION OF "DISCHARGE OF
DREDGED MATERIAL"
Priority: Info./Admin./Other
Legal Authority: 33 USC 1344
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking responds to
the court order issued in the NAHB v.
U.S. Army Corps of Engineers case,
which struck down the "Tulloch II"
rule promulgated under Section 404 of
the CWA. This case resulted in the
reinstatement of regulations applicable
immediately prior to promulgation of
the Tulloch II Rule (promulgated in
1999). This final rule is intended to
amend the regulations at 33 CFR 323.3
and 40 CFR 232.2 to conform with the
current legal state of the regulations
governing discharges of dredged
material.
Timetable:
Action
Date
FR Cite
Direct Final Action 06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5205;
Agency Contact: Rachel Fertik,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1452
Email: fertik.rachel@epamail.epa.gov
Donna Downing, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202 566-1367
Email:
downing.donna@epamail.epa.gov
RIN: 2040-AE96
3054. 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: On October 15, 2007, EPA
proposed several amendments to the
Spill Prevention, Control, and
Countermeasure (SPCC) rule in order to
provide increased clarity, to tailor
requirements to particular industry
sectors, and to streamline certain
requirements for a facility owner or
operator subject to the rule.
Timetable:
Action
Date FR Cite
Notice Clarifying
Certain Issues
NPRMIyr
Compliance
Extension
Final 18 months
Compliance
Extension
NODA re certain
facilities
NODA re oil-filled and
process equipment
NPRM
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
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; EPA publication information:
Notice Clarifying Certain Issues -
http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname=2004
register&docid=fr25my04-49.pdf; Split
from RIN 2050-AC62.; EPA Docket
information: EPA-HQ-OPA-2007-0584
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
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132
Environment Protection Agency Spring 2008 Regulatory Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3055. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This action would establish
performance-based measurement
procedures and guidance for use in
Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would also discuss the
format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. It would also describe EPA's
planned steps to provide additional
information through technical bulletins,
and/or guidance documents geared
toward clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3713;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epamail.epa.gov
RIN: 2040-AC93
3056. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: The proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR parts 136 and
503 to approve EPA Method 1668 for
the congener-specific determination of
co-planar and mono-ortho-substituted
polychlorinated biphenyls (PCBs) in
effluent, ambient water, and sludge.
This method is necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's water quality
standard. At present there is no EPA
analytical method for determination of
these PCBs at the levels of concern.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be
To Be
Determined
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4049;
URL For More Information:
www.epa.gov/waterscience/methods
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epamail.epa.gov
Brian Englert, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-0754
Fax: 202 566-1053
Email: englert.brian@epamail.epa.gov
RIN: 2040-AD09
3057. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES-
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces. Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as hull
coating leachate); and some have the
potential to introduce nonindigenous
invasive aquatic species (such as ballast
water). Phase II will establish
performance standards for control
devices for these 25 discharges. The
Phase II performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. Once DOD implements rules
for achieving the standards set in Phase
II, covered discharges from Armed
Forces vessels will be required to meet
these standards, and will not be subject
to discharge standards established by
States.
Timetable:
Action
Date
FR Cite
NPRM 07/00/09
Final Action 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357;
URL For More Information:
www.epa.gov/waterscience/rules/unds
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Environment Protection Agency Spring 2008 Regulatory Agenda
133
EPA—Clean Water Act (CWA)
Long-Term Actions
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Fax: 202 566-1546
Email: rappoli.brian@epa.gov
lonathan Amson, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-AD39
3058. NPDES APPLICATIONS
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1312 CWA 302; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification, and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include modifying and
streamlining existing permit application
requirements. Other revisions may be
considered as work on this rule
progresses. This rulemaking is expected
to affect entities that implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
EPA publication information: Final
Action-projected date;
Agency Contact: David Hair,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0588
Fax: 202 564-9544
Email: hair.david@epamail.epa.gov
Tom Laverty, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
3059. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311CWA
301; 33 USC 1314 CWA 304; 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3999;
EPA publication information: Final
Action-projected date; Note: This rule
was formerly known as "Revisions to
NPDES Requirements for Compliance
Reporting and Collection System
Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
Jennifer Malloy, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6392
Fax: 202 564-6392
Email: malloy.jennifer@epa.gov
RIN: 2040-AD02
3060. 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
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134
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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.
Timetable:
Action
Date FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 76013
To Be Determined
1st Draft Policy
2nd Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
EPA publication information: 1st Draft
Policy—
http://frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=2003
register&docid= fr07no03-24.pdf; ; 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
3061. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: 40 CFR 401; 40 CFR 419
Legal Deadline: None
Abstract: Several years ago, OW
conducted a comprehensive review of
effluent guidelines and removed from
the Code of Federal Regulations (CFR)
provisions contained in a number of
regulations that were obsolete or
redundant (FR 60 33926, June 29,
1995). In addition to removing these
provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
effluent guidelines. This action would
recodify the effluent limitations and
standards for one point source category
and the general definitions without
making any legally substantive changes
in the requirements. The revised and
shorter format will enable Federal,
State and local regulators and the
regulated community to more easily
read, understand and implement the
regulations. By reducing the number of
pages in Title 40, the new format will
also afford some long-term savings in
the annual cost of printing these
regulations. The point source category
that would be recodified by this action
is Petroleum Refining (part 419). The
revisions would also expand the list of
general definitions in section 401.11.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4822;
Agency Contact: Debra Nicoll,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1020
Fax: 202 566-1053
Email: nicoll.debra@epa.gov
RIN: 2040-AE61
3062. NEW/REVISED AMBIENT
WATER QUALITY CRITERIA (AWQC)
FOR RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
December 15, 2012, Notice of Draft
Criteria Recommendations 3/31/2012
and Publication of Final Criteria
Recommendations 12/15/2012.
Abstract: EPA is publishing new or
revised water quality criteria
recommendations for pathogens and
pathogen indicators pursuant to CWA
Section 304(a)(9)(A). The criteria
recommendations will be considered by
states in adopting new or revised water
quality standards to protect swimming.
The foundation for the development of
new or revised recreational water
quality criteria is the relevant research
and studies that EPA and others have
completed prior to 2007 and the
research and studies that EPA (and
others) will undertake between 2007
and the end of 2010. These studies and
the timeliness for completing these
studies are fully described in EPA's
"Critical Path Science Plan for the
Development of New or Revised
Recreational Water Quality Criteria"
(CPSP) and includes freshwater and
marine epidemiological studies, as well
as supporting studies to aid in the
geographic application of the
epidemiological data. Together, these
studies will be analyzed and evaluated
for use in publishing EPA's new or
revised recreational criteria
recommendations.
Timetable:
Action
Date
FR Cite
Draft Guidance
Final Guidance
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
135
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 4967;
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
3063. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
CHLORINE AND CHLORINATED
HYDROCARBON MANUFACTURING
PROCESS
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq
CFR Citation: 40 CFR 414 (Revision);
40 CFR 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering revising
the existing effluent guidelines and
standards for the manufacture of
chlorinated hydrocarbons and
elemental chlorine. We refer to this
industrial segment as chlorine and
chlorinated hydrocarbons
manufacturing, or CCH. Currently,
wastewater discharges from chlorinated
hydrocarbons manufacturing are subject
to the Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR Part 414). The
wastewater discharges from chlorine
manufacturing through the chlor-alkali
manufacturing process are subject to
the Inorganic Chemicals Point Source
Category (40 CFR Part 415). Based on
a preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin. Since this effluent guidelines
review began, EPA has gathered
industry data through site visits and
sampling and also developed a survey
to collect detailed site-specific data
from all known CCH manufacturers.
Because CCH member companies are
currently collecting data to characterize
baseline discharge quantities of dioxin,
at this time EPA is deferring its efforts
to survey the CCH industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be
To Be
Determined
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
This action was previously titled
Effluent Limitations Guidelines and
Standards for the Vinyl Chloride and
Chlor-Alkali Point Source Categories;
EPA Docket information: EPA-HQ-OW-
2005-0012
URL For More Information:
www.epa.gov/waterscience/guide/cch/
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AE82
3064. AVAILABILITY OF AND
PROCEDURES FOR REMOVAL
CREDITS
Priority: Other Significant
Legal Authority: 33 USC 1251 CWA
101; 33 USC 1288 CWA 208; 33 USC
1311 CWA 301; 33 USC 1314 CWA
304; 33 USC 1317 CWA 307; 33 USC
1318 CWA 308; 33 USC 1319 CWA
309; 33 USC 1342 CWA 402; 33 USC
1345 CWA 405; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: This action is an update to
the removal credits regulation found at
40 CFR 403.7. Specifically, EPA will
propose to amend the list of pollutants
eligible for removal credits in 40 CFR
403.7, Appendix G, Table II, to add 16
pollutants that EPA has determined
would not need to be regulated under
the sewage sludge regulations. These 16
pollutants have gone through the same
assessment as the pollutants currently
identified as eligible for removal credits
in Table II; the assessment included
public notice and comment in
conjunction with a related Office of
Water action.
Timetable:
Action
ANPRM
NPRM
Final Action
Date FR Cite
10/14/05 70 FR 60 199
01/00/10
01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
3663.1; Split from RIN 2040-AC58.
Agency Contact: Jennifer Chan,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0995
Fax: 202 564-6431
Email: chan.jennifer@epa.gov
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickrel.jan@epa.gov
RIN: 2040-AE88
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3065. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
DRINKING WATER SUPPLY AND
TREATMENT
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 02/27/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local
Agency Contact: Tom Born
Phone: 202-566-1001
Fax: 202 566-1053
Email: born.tom@epamail.epa.gov
RIN: 2040-AE74
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136
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Completed Actions
3066. SUPPLEMENTAL NOTICE FOR
CAFO RULE REGARDING TERMS OF
THE NUTRIENT MANAGEMENT PLAN
Priority: Other Significant
CFR Citation: 40 CFR 122; 40 CFR 412
Completed:
Reason
Date
FR Cite
Withdrawn
02/14/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: George Utting
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
Rebecca Roose
Phone: 202 564-0758
Email: roose.rebecca@epamail.epa.gov
RIN: 2040-AE94
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
3067. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
STAGE I DISINFECTANT AND
DISINFECTION BY-PRODUCTS RULE
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Congress required EPA to
promulgate a Stage 1 and a Stage 2
Disinfectants and Disinfection By-
products Rule (DBPR) as part of the
1996 Safe Drinking Water Act
Amendments (section 1412 (b)(2)(C))."
The Stage 1 DBPR was finalized in
1998 (63 FR 69390, December 16,
1998). Under the Stage 1 DBPR, EPA
set maximum disinfectant level goals or
maximum contaminant level goals for
several disinfectants and disinfection
by-products. EPA also set monitoring,
reporting and public notification
requirements for these compounds.
EPA performed a regulatory flexibility
analysis pursuant to the Regulatory
Flexibility Act (5 U.S.C. 604) and was
not able to certify that the final Stage
1 DBPR will not have a significant
economic impact on a substantial
number of small entities.
The Stage 2 DBPR (71 FR 388, January
4, 2006) augments Stage 1 DBPR. EPA
re-evaluated the Stage 1 DBPR and
worked with stakeholders to develop
the Stage 2 DBPR through consultation
with a DBPR Federal Advisory
Committee (including small water
system owners); State, local and tribal
governments; the National Drinking
Water Advisory Committee; the Science
Advisory Board; a Small Business
Regulatory Enforcement Fairness Act
consultation; a pre-proposal draft for
comment, as well as formal notice and
public comment on the proposed Stage
2 DBPR.
This new entry in the regulatory agenda
announces that while EPA has taken
steps to evaluate and mitigate impacts
on small entities of the Stage 1 DBPR
as part of the promulgation of the final
Stage 2 DBPR, pursuant to section 610
of the Regulatory Flexibility Act (5
U.S.C. 610), EPA will review the Stage
1 DBPR. As part of this review, EPA
will consider and solicits comments on
the following factors: (1) The continued
need for the rule; (2) the nature of
complaints or comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with other Federal State, or local
government rules; and (5) the degree
to which the technology, economic
conditions or other factors have
changed in the area affected by the
rule. Based on the evaluation of the
Stage 1 DBPR during the promulgation
of the Stage 2 DBPR, EPA believes there
is a continued need for the Stage 1
DBPR. Comments must be received by
August 4, 2008. In submitting
comments, please reference Docket ID
EPA-HQ-OW-2008-0226 and follow the
instructions provided in Section H of
the preamble to this issue of the
Regulatory Agenda. This docket can be
accessed at www.regulations.gov.
Timetable:
Action
Date FR Cite
Final Rule
Begin Review
End Comment Period
End Review
12/16/98 63 FR 69389
05/00/08
08/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5258;
EPA Docket information: EPA-HQ-OW-
2008-0226
Agency Contact: Sandy Evalenko,
Environmental Protection Agency,
Water, 4101M, Washington, DC 20460
Phone: 202 564-0264
Email: evalenko.sandy@epamail.epa.gov
Stephanie Flaharty, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202 564-5072
Email:
flaharty.stephanie@epamail.epa.gov
RIN: 2040-AE97
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Environment Protection Agency Spring 2008 Regulatory Agenda
137
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3068. DRINKING WATER
REGULATIONS FOR AIRCRAFT
PUBLIC WATER SYSTEM
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: The action is to tailor
drinking water rule requirements to the
unique characteristics of aircraft to
ensure that the water passengers drink
while on an airplane is safe. This
increased level of safety is achieved
through the proposed provisions of this
rule, chiefly through monitoring,
disinfection, and public notification.
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 that are not subject to
EPA drinking water standards.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
04/09/08 73 FR 19319
07/08/08
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4966;
URL For More Information:
www.epa.gov/safewater/airlinewater/
index2.html
Agency Contact: Rick Naylor,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3755
Fax: 202 564-3847
Email: naylor.richard@epa.gov
RIN: 2040-AE84
3069. SECOND 6 YEAR REVIEW OF
EXISTING NATIONAL PRIMARY
DRINKING WATER REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Statutory,
August 6, 2009, Complete review? for
contaminants with NPDWRs
promulgated prior to August 2002.
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to review and
revise, if appropriate, all National
Primary Drinking Water Regulations
(NPDWRs) no less frequently than once
every 6 years. According to SDWA, any
revisions of drinking water regulations
must maintain, or increase, the level of
public health protection provided;
however, EPA may identify regulatory
changes that will streamline or reduce
existing requirements without lessening
the level of public health protection.
As part of this action, the Office of
Water (OW) will implement the
existing protocol for conducting each 6
year review? (developed under the first
6 year review? cycle) to review? critical
elements for regulated chemical
contaminants (e.g., health risks,
occurrence, analytical methods,
treatment technologies). No new?
requirements will be imposed by this
action. The purpose of the review? is
to determine whether new data,
technology, or other factors exist that
justify revisions to existing NPDWRs.
The outcome of the review? will be a
Federal Register notice making
available the results of the Agency's
review and recommendations for any
regulations the Agency may consider
revising.
Because this action does not change or
add to existing requirements, OW will
not be performing a formal economic
analysis or consulting with small
businesses, governments, or tribal
officials. OW does not plan to generate
new data as part of this action; the
review? will be based on recent
compliance data from public water
systems and existing data on health
effects (such as completed IRIS and
OPPTS health risk assessments) and
analytical methods.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Final Notice
03/00/09
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5066;
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
Rajiv Khera, Environmental Protection
Agency, Water, 460 7M, Washington, DC
20460
Phone: 202 564-4881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
3070. • MINIMUM FEDERAL
REQUIREMENTS UNDER THE
UNDERGROUND INJECTION
CONTROL (UIC) PROGRAM FOR
CARBON DIOXIDE (CO2) GEOLOGIC
SEQUESTRATION (GS) WELLS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 144 to 146
Legal Deadline: None
Abstract: Geologic Sequestration (GS)
is the process of injecting CO2 that has
been captured from an emission source,
such as a coal fired electric power
plant, into deep subsurface rock
formations for long term storage. The
Safe Drinking Water Act (SDWA)
requires EPA to regulate the injection
of fluid, including gases such as CO2,
to prevent the endangerment of
underground sources of drinking water
(USDWs) and public health. In March
2007, EPA issued guidance to assist
State and EPA Regional Underground
Injection Control Programs in
processing permit applications for pilot
and other demonstration scale GS
projects. EPA committed to following
up the guidance with the development
of a long term management framework
for permitting commercial scale GS
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138
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
projects. This rule will establish these
new minimum Federal requirements for
States and Regional UIC Programs.
Timetable:
Action
Date
FR Cite
NPRM
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5211;
Agency Contact: Lee Whitehurst,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-3896
Email: whitehurst.lee@epamail.epa.gov
RIN: 2040-AE98
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3071. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Final, Statutory, July
18, 2008, SDWA requires regulatory
determinations every 5 years. Last
round was made in July 2003.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non-
regulated contaminants every 5 years,
which may warrant regulation due to
their health effects and their potential
for occurrence in public water systems
(PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2, 1998
(63 FR 10247). The second CCL was
published on February 22, 2005 (70 FR
9017). In addition to publishing the
drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the second
CCL and determine whether to regulate
these contaminants with a National
Primary Drinking Water Regulation
(NPDWR). In order to make a
determination of whether to develop an
NPDWR for a contaminant, the SDWA
requires three statutory tests be met: 1)
The contaminant may have an adverse
effect on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: 1) Regulate the contaminant
with an NPDWR; 2) develop guidance
(e.g., Health or Consumer Advisory); or
3) determine no action is necessary.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Final Notice
05/01/07 72 FR 24016
07/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4821;
EPA publication information:
Preliminary Notice -
http://www.epa.gov/fedrgstr/EPA-
WATER/2007/May/Day-01/w7539.pdf; ;
EPA Docket information: EPA-HQ-OW-
2007-0068
URL For More Information:
www.epa.gov/safewater/ccl/index.html
Agency Contact: Yvette
Selby—Mohamadu, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby-
mohamadu.yvette@epamail.epa.gov
Wynne Miller, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
RIN: 2040-AE60
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3072. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Abstract: In 1999, EPA proposed
regulations for radon that provide
flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Timetable:
Action
ANPRM
NPRM Original
Notice 99
NPRM
Final Action
Date FR Cite
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59246
04/00/1 1
-------
Environment Protection Agency Spring 2008 Regulatory Agenda
139
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA Docket information: EPA-HQ-OW-
2003-0041
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
www.epa.gov/ogwdw/radon.html
Agency Contact: Rebeccak Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AA94
3073. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will re-
examine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
Date FR Cite
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3074. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water and drinking
water in a number of states due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
Presently, the Agency is revising the
health assessment for MTBE.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-1699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3075. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND
CONSIDERATION OF DISTRIBUTION
SYSTEM ISSUES
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register (68
FR 42907) Notice of Intent to revise the
TCR. EPA intends revisions to the TCR
to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks." The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR 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.
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140
Environment Protection Agency Spring 2008 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
10/00/12
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775;
URL For More Information:
www.epa.gov/safewater/tcr/tcr.html
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov
Yu—Ting Guilaran, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: guilaran.yu-
ting@ep amail. ep a. gov
RIN: 2040-AD94
3076. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Other Significant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Final, Statutory,
February 24, 2010, SDWA requires EPA
to publish a list of candidate
contaminants every 5 years. CCL2
published 2/24/2005.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every 5 years of
contaminants that are known or
anticipated to occur in public water
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRC) and
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.
Timetable:
Action
Date
FR Cite
Preliminary Final Rule 02/21/08 73 FR 9627
Final Action 08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745;
EPA publication information:
Preliminary FR -
http://www.epa.gov/fedrgstr/EPA-
WATER/2008/February/Day-
2lAv3114.pdf; EPA Docket information:
EPA-HQ-OW-2007-1189
URL For More Information:
www.epa.gov/safewater/ccl
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AD99
3077. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l
SDWA 1422; 42 USC 300h-4 SDWA
1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason is to allow EPA to incorporate
by reference into the Code of Federal
Regulations the State program
authorities. Current citations to State
regulations in 40 CFR part 147 are out
of date for many States. This update
is necessary to ensure that the CFR
accurately reflects current approved
State UIC programs and that elements
of those programs are federally
enforceable if necessary. EPA Regional
Offices will be submitting State
revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date
FR Cite
Direct Final Rule
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236;
Agency Contact: Robert-Eu Smith,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3895
Fax: 202 564-3756
Email: smith.robert-eu@epamail.epa.gov
Jeff Jollie, Environmental Protection
Agency, Water, WTR9, Washington, DC
20460
Phone: 202 564-3886
Fax: 415 947-3549
Email: jollie.jeff@epamail.epa.gov
RIN: 2040-AD40
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Environment Protection Agency Spring 2008 Regulatory Agenda
141
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3078. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule would implement
provisions of the Shore Protection Act
(SPA) designed to prevent the deposit
of municipal and commercial waste
into U.S. coastal waters. This rule
would establish 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820;
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. E8-7431 Filed 05-02-08; 8:45 am]
BILLING CODE 6560-50-S
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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.
2040zAM97_ National Primary Drinking Water Regulations: Stage I Disinfectant and Disinfection By-Products Rule
2060-AO82_ Control of Emissions of Air Pollution From Nonroad Diesel Engines
206Q-APQ9_ VOC Regulation for Architectural Coatings
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.
Businesses
2,040:AA_94_ National Primary Drinking Water Regulations: Radon
7040 AB94 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
— Requirements and Consideration of Distribution System Issues
2060-AO81 Renewable Fuels Standard Program
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
Governmental Jurisdictions
20402/\/\94_ National Primary Drinking Water Regulations: Radon
9040 AI ¥)4 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
Organizations
lOTO^ACSjL Lead-Based Paint; Amendments for Renovation, Repair, and Painting
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas
identifying those rules that may have a significant economic impact on a substantial number of small
entities. Agencies meet that requirement by including the information in their submissions for the Unified
Agenda. Some agencies including EPA have chosen to identify additional regulatory actions that may
have some impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen to
indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may not
be required.
-------
Businesses
2040-ACl
2050-AE87
2Q50-AG43_
2050-AE5L
2050-AG29
2050:4035,,
2060:AE94_
2060-AI62
2Q6Q-AO15-
206Q-AQ27_
2060-AO38
2060-AO66
2Q6Q-AQ9Q-
2060-AII37
2060-AK26
2060-AM37
2060-AN43
Federal Implementation Plan (FIP) for the Billings/Laurel, Montana, Sulfur Dioxide (SO2) Area
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
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Shore Protection Act, Section 4103(b) Regulations
National Primary Drinking Water Regulations: Aldicarb
Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing
Process
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors: Amendments
NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial,
and Institutional Boilers
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Hospital/Medical/mfectious Waste Incineration Units—Response to Remand
Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance
Standards and Emission Guidelines
NESHAP: Portland Cement Notice of Reconsideration
NESHAP—Area Source Standards-Nine Metal Fabrication and Finishing Source Categories (12 SICs, 23
NAICS Codes)
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Review of New Source Performance Standards—Portland Cement
Plywood and Composite Wood Products (PCWP) NESHAP—Amendments To Address "No Emission
Reduction" MACT Floors
NSPS for Equipment Leaks; Amendments
Review of New Sources and Modifications in Indian Country
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide
Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per Cylinder
NESHAP: Area Source Standards—Plating and Polishing
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Resins, and
Hydrogen Fluoride
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2060-AM55
2060^\O29_
2060-AM14
2060-AM36
2060-AN21
2060-AN62_
2060-AN71
2060-AO64
2Q7Q-AB27_
2070-AD16
2070-AD30
2Q70=M5fL
2070-AB11
2070-AC21
2070-AD58
2070-AJ09
2070-AJ30_
2070-AB08
2070-AB79
2Q7Q-AB94_
2070-AC37_
2070-AC51
2070-AC76
2070-AD10
2070-AD14_
2070-AD28
2070-AD44
2070-AD53
2070-AD64
2070-AJ04
2070-AJ08
2Q7Q-AJ10_
2070-AJ11
Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section
608 of the Clean Air Act
Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing—Area Source
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources (Includes Autobody,
Paint Stripping, and Misc. Coating Plastic Parts)
NESHAP: Area Source Standards-Reciprocating Internal Combustion Engines
New Source Performance Standards (NSPS): Equipment Leaks-Subparts VV & GGG
National Emissions Standards for Asbestos—Amendments (Withdrawn)
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Pesticides; Data Requirements for Antimicrobials
Pesticide Agricultural Container Recycling Program
Follow-Up Rules on Existing Chemicals
TSCA Section 8(d) Health and Safety Data Reporting Rules
Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
Voluntary High Production Volume (HPV) Chemical Challenge Program
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
Testing Agreement for Perfluorooctanoic Acid (PFOA)
Testing Agreement for Diethanolamine
Nanoscale Materials Under TSCA
TSCA Section 8(a) Preliminary Assessment Information Rules
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Testing for Existing Chemicals (Overview Entry for Future Needs)
Refractory Ceramic Fibers (RCFs)
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
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
TSCA Inventory Nomenclature for Enzymes and Proteins
Testing Agreement for Aryl Phosphates (ITC List 2)
Test Rule; Brominated Flame Retardants (BFRs)
Testing Agreement for Hydrogen Fluoride
Testing Agreement for Phthalic Anhydride
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2070-AJ20
2070-AJ22
2070-AJ26_
2070-AJ32
2070-AD52
2090-AA38
Testing Agreement for Maleic Anhydride
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Determination of Status of Prions as Pests
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Governmental Jurisdictions
2040-A1J95
2070-AA58
2Q70-AC64_
2070-AD52
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Shore Protection Act, Section 4103(b) Regulations
National Primary Drinking Water Regulations: Aldicarb
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial,
and Institutional Boilers
Review of New Sources and Modifications in Indian Country
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources (Includes Autobody,
Paint Stripping, and Misc. Coating Plastic Parts)
Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment
National Emissions Standards for Asbestos—Amendments (Withdrawn)
Follow-Up Rules on Existing Chemicals
Voluntary High Production Volume (HPV) Chemical Challenge Program
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model
State Plan Rule
Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Organizations
2040-A1J95
2040-AC13
2060-AM44
2Q70-AD64_
2070-AD52
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
National Primary Drinking Water Regulations: Aldicarb
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial,
and Institutional Boilers
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model
State Plan Rule
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
-------
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-AA16
2025-AA17
2040-AE95
2040-AR98
2040-AE80
2040-AIJ86
2040-AIJ87
2040-AA94
2040-AC84
2040-AC93
2040-AD02
2040-AD40
2040-AD87
2Q40-AD94_
2040-AR61
2040-AR77
2040-AE88
2040-AE94
2Q5Q-AO43_
2050-AE17
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
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Minimum Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide
(CO2) Geologic Sequestration (GS) Wells
Concentrated Animal Feeding Operation Rule
Water Transfers Rule
Implementation Guidance for Mercury Water Quality Criteria
National Primary Drinking Water Regulations: Radon
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
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
Underground Injection Control: Update of State Programs
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
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
Availability of and Procedures for Removal Credits
Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan
National Priorities List for Uncontrolled Hazardous Waste Sites
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule
Listing Requirements
Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements for
Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
-------
2Q5Q-AO24_
2050-AG29
2050-AO31
2Q50-AO37-
2050-AE81
205Q=AG2CL
2Q5Q=AG22^
2050-AO40_
2050-AE78
2Q5Q-AG35_
2060-AO19
2060-AO48
2Q60-AI62_
2060-ANOO
2060-AN33
2060-AN65
2060-AOn
2060-AO13
2060-AO58
2060-AO95
2060-A1193
2Q6Q-AL75_
2060-AM45
2Q60-AM9L
2060-AN12
2060-AN17
2060-AN28
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
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)
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Expanding the Comparable Fuels Exclusion Under RCRA
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
Definition of Solid Wastes Revisions
CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
RCRA Smarter Waste Reporting
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 of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a
Gasification System To Produce Synthesis Gas
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors: Amendments
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Revisions to the Definition of Potential To Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP: Ferroalloys Production—Area Source Standards
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Amend Methods 20 la and 202 of 40 CFR 51 Appendix M To Improve Measurement of Fine PM
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding
Provisions on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart
1 Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Revisions to the General Conformity Regulations
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
Flexible Air Permit Rule
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration
of Inclusion of Fugitive Emissions
Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking for Georgia for
Purposes of Reducing Ozone Interstate Transport
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
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric
Generating Units
-------
206OVVN43_
2060-AN68
206OVVN75_
2Q6Q-AQQ2_
2060-AO31
2Q6Q-AQ74_
2060-AI101
2Q6Q-AI97_
2Q6Q-AK54
2060-AL84
2060-AM62
2060-AM75
2060-AM87
2060-AN98
2060-AO47
2060-AM36
2()60;AM8L
2060-AN21
2()60;AN_24_
2060-AN26
2060-AN82
2060-AO05
2060-AO45
2060-AO49
2060-AO59
2070-AC46
2070-AC64
2070-AD64
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV
Facilities Rule
Revision to Definition of Volatile Organic Compounds—Exclusion of Compounds
Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Prevention of Significant Deterioration: Refinement To Increment Modeling Procedures
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides,
Subparts H and I
Performance Specification 16—Specifications and Test Procedures for Predictive Emission Monitoring Systems
in Stationary Sources
Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal
Class I Areas
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
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")
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
NESHAP: General Provisions (Once In Always In)—Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Clean Air Mercury Rule: Federal Plan
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
Standards of Performance for Stationary Spark Ignited Internal Combustion Engines and Area Source NESHAP
for RICE
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources (Includes Autobody,
Paint Stripping, and Misc. Coating Plastic Parts)
Review of the National Ambient Air Quality Standards for Ozone
Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classification
Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the
Denver Early Action Compact
Revisions to Consolidated Federal Air Rule
Public Notification of Upcoming Revisions to State Implementation Plans
Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment
Final 8-Hour Ozone National Ambient Air Quality Designations for Early Action Compact Areas
Findings of Failure To Submit Related to Section 110(a)(2) SIP Submittals
Follow-Up Rules on Existing Chemicals
Groundwater and Pesticide Management Plan Rule
Nanoscale Materials Under TSCA
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model
State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
-------
2070-A.T26 Pesticides; Determination of Status of Prions as Pests
9070 A n? Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers
— of Plant-Incorporated Protectants (PIPs)
2070-AC83 Lead-Based Paint; Amendments for Renovation, Repair, and Painting
2070-AD52 Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
2090-AA34 RCRA Incentives for Performance Track Members
2090-AA38 Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Local
2040-AIJ95
2040-AA94
2040-AB85
2040-AC13
2040-AC84
2040-AC93
2Q40-AD02_
2040-AD09
2040-AD39_
2040-AD87
2040-AD94
2040-AR61
2040-AR88
2040-AR74
2050-AO16
2050-AO37
2050-Ali81
2050-AT01
2050-AG22
2050-AG40
2060-AO19
2Q60-AQ48_
2060-AI62
2060-AO11
2060-AO95
Criteria and Standards for Cooling Water Intake Structures-Phase II Remand
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 Poly chlorinated Biphenyls (PCBs)
Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
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
Availability of and Procedures for Removal Credits
Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
National Priorities List for Uncontrolled Hazardous Waste Sites
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
RCRA Smarter Waste Reporting
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Air Quality Index Reporting and Significant Harm Level for PM2.5
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Amend Methods 20 la and 202 of 40 CFR 51 Appendix M To Improve Measurement of Fine PM
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding
Provisions on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
-------
2Q6Q-AM45_
2060-AM91
2Q6Q-AN17_
2060-AN20
2060-AN28
2060-AN86
2060-AO31
2Q60-AQ63_
2060-AK54
2060-AL83
2060-AL84
2060-AM62
2060-AM75
2060-AN98
2060-AO47
2060-AM36
2()60;AM8L
2060-AN21
2060-AN24_
2060-AN26
2060-AN82
2060-AO05
2060-AO49
2060-AO59
2070-AC64
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart
1 Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking,
Aggregation and Project Netting
NESHAP & NSPS for Municipal Solid Waste Landfills-Amendments
Flexible Air Permit Rule
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration
of Inclusion of Fugitive Emissions
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
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
Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides,
Subparts H and I
Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20,
1994
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
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")
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
NESHAP: General Provisions (Once In Always In)—Amendments
Clean Air Mercury Rule: Federal Plan
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries
Standards of Performance for Stationary Spark Ignited Internal Combustion Engines and Area Source NESHAP
for RICE
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations—Area Sources (Includes Autobody,
Paint Stripping, and Misc. Coating Plastic Parts)
Review of the National Ambient Air Quality Standards for Ozone
Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classification
Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the
Denver Early Action Compact
Public Notification of Upcoming Revisions to State Implementation Plans
Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment
National Emissions Standards for Asbestos—Amendments (Withdrawn)
Final 8-Hour Ozone National Ambient Air Quality Designations for Early Action Compact Areas
Follow-Up Rules on Existing Chemicals
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model
State Plan Rule
-------
2070-AD64
2090-AA38
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Tribal
2009-AAOO
2040-AIJ87
2040-AA94
2040-AC13
2040-AC84
2040-AC93_
2040-AD02
2Q4Q-ADM7_
2040-AD94
2Q4Q-AEIZ-
2050-AG43
2050-AE17
2Q50-AO16_
2050-AG29
2050-AIi81
2050-AT01
2050-AG22
2050-AG40
2060-AO48
2060-AI62
2060-AN65
2Q6Q-AI137_
2060-AI193
Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
Implementation Guidance for Mercury Water Quality Criteria
National Primary Drinking Water Regulations: Radon
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
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
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 and Response to Petitions for Reconsideration)
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
RCRA Smarter Waste Reporting
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors: Amendments
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Revisions to the Definition of Potential To Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP: Portland Cement Notice of Reconsideration
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Prevention of Air Pollution Emergency Episodes
Review of New Sources and Modifications in Indian Country
Revisions to the General Conformity Regulations
-------
2060-AM08
2060-AM45
2JJ6Q-AM91_
2060-AN28
2060-AN43
2060-AN86
2060-AO02
2060-AK54
2Q60-AM62_
2060-AM75
2060-AN98
2060-AO47
2060-AO59
2()70;AC46__
2070-AC51
2070-AC64
2070-AD64
2090-AA38
NESHAP & NSPS for Municipal Solid Waste Landfills-Amendments
Flexible Air Permit Rule
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration
of Inclusion of Fugitive Emissions
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
Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Prevention of Significant Deterioration: Refinement To Increment Modeling Procedures
Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal
Class I Areas
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
NESHAP: General Provisions (Once In Always In)—Amendments
Clean Air Mercury Rule: Federal Plan
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classification
Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment
Groundwater and Pesticide Management Plan Rule
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model
State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing
Pesticides; Competency Standards for Occupational Users
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
Federal
2025-AA02
2025-AA16
2025-AA17
2025-AA19
2040-AE95
2040-A1J98
2040-AC13_
2040-AC84
Public Information and Confidentiality Regulations
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
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
Security Requirements for Toxic Substances Control Act Confidential Business Information Access for
Contractors
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Minimum Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide
(CO2) Geologic Sequestration (GS) Wells
Concentrated Animal Feeding Operation Rule
National Primary Drinking Water Regulations: Radon
Shore Protection Act, Section 4103(b) Regulations
National Primary Drinking Water Regulations: Aldicarb
NPDES Applications Revisions
-------
2MMC9L
2040-AD94
2040-AE61
2040-Ali88
2Q40-AE94_
2MQ-AD71
2050-AR87
2Q5Q-AE93_
2050-AG42
2050-AO16_
2050-AG24
2050-AO29
2Q50-AO3L
2050-AG37
2Q5Q-AO22_
2050-AO40
2050-AO35
2Q60-AQ19_
2Q60-AQ48_
2060-AH63
2060-AM84
2060-ANOO
2Q60-AN33_
2060-AN48
2060-AN65
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water
Act Test Procedures
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Poly chlorinated Biphenyls (PCBs)
Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
Underground Injection Control: Update of State Programs
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
Availability of and Procedures for Removal Credits
Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan
National Priorities List for Uncontrolled Hazardous Waste Sites
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
Poly chlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Expanding the Comparable Fuels Exclusion Under RCRA
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
Definition of Solid Wastes Revisions
CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
RCRA Smarter Waste Reporting
Hazardous Waste Manifest Re visions-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
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors: Amendments
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste
Technical Change to Dose Methodology
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
NESHAP: Defense Land Systems and Miscellaneous Equipment
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for
Destruction in the U.S.
Revisions to the Definition of Potential To Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
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2060-AO95
2060-AO96
2060-AH37
2060-AH93
2060-AL75
2060-AM46
2060-AM91
2060-AN28
2060-AN43
2060-AO31
2060 API 3
2060-AI97
2Q60-AK54_
2060-AL83
2060-AM75
2060-AO47
2060-AM14
2()60;AN_2L
2060-AN24
2Q60-AN82_
2060-AO05
2Q60-AQ45_
2060-AO59
Air Quality Index Reporting and Significant Harm Level for PM2.5
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding
Provisions on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart
1 Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Review of New Sources and Modifications in Indian Country
Revisions to the General Conformity Regulations
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
Flexible Air Permit Rule
Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire Extinguishing
Vessels
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration
of Inclusion of Fugitive Emissions
Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal
Plan: Small Municipal Waste Combustors: Amendments
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
Revision to Definition of Volatile Organic Compounds-Exclusion of Compounds
Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides,
Subparts H and I
Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low Sulfur
Diesel
Update of Continuous Instrumental Test Methods: Technical Amendments
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements
Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
NESHAP: General Provisions (Once In Always In)—Amendments
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization
NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations-Area Sources (Includes Autobody,
Paint Stripping, and Misc. Coating Plastic Parts)
Review of the National Ambient Air Quality Standards for Ozone
Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005 Transportation
Bill (SAFETEA-LU)
Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the
Denver Early Action Compact
Revisions to Consolidated Federal Air Rule
Interpretation of the National Ambient Air Quality Standards for PM2.5—Correcting and Simplifying
Amendment
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2070-AC64
2070-AC76_
2070-AD10_
2070-AD14
2060-AO83 Final 8-Hour Ozone National Ambient Air Quality Designations for Early Action Compact Areas
2070-AD16 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
2070-AD30 Pesticides; Data Requirements for Antimicrobials
2Q70-AJ3_7_ Pesticides; Revisions to Pesticide Container/Containment Rule
2Q7Q-AA58_ Follow-Up Rules on Existing Chemicals
2070iAC21^ Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
2070iAC4j5_ Groundwater and Pesticide Management Plan Rule
207SMD2:L Voluntary High Production Volume (HPV) Chemical Challenge Program
iZOTO^AJJGiL Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
2070-AJ06_ Testing Agreement for Perfluorooctanoic Acid (PFOA)
2070-AJ09_ Testing Agreement for Diethanolamine
2070-AJ30 Nanoscale Materials Under TSCA
2070-AB79 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
2070-AB94 Testing for Existing Chemicals (Overview Entry for Future Needs)
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
2070-AD44 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)
Testing Agreement for Hydrogen Fluoride
Testing Agreement for Phthalic Anhydride
Testing Agreement for Maleic Anhydride
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
2070-AJ23_ Pesticides; Tolerance Processing Fees
_2070-AJ26__ Pesticides; Determination of Status of Prions as Pests
2070-AJ27 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)
Poly chlorinated Biphenyls (PCBs); Petitions Seeking a Manufacturing (Import) Exemption for Use
Lead-Based Paint; Amendments for Renovation, Repair, and Painting
_ Poly chlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
2Q%bAA34_ RCRA Incentives for Performance Track Members
2090-AA38 Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements
2070-AD53
2070-AD55
2070-AD64
2070-AJ08
2Q7Q-AJ10_
2Q7Q-AJ1L
2070-A.T13
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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=AA94_ National Primary Drinking Water Regulations: Radon
20fH)=AD3£ Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
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