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Monday,
April 24, 2006
Part XXIV
Environmental
Protection Agency
Semiannual Regulatory Agenda
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23226
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL 8048-5
Spring 2006 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rules and major policymakings
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: ncepimal@one.net, or
call 800-490-9198. There is no charge
for a single copy of the agenda.
FOR FURTHER INFORMATION CONTACT:
If you have questions or comments
about a particular action, please get in
touch with the agency contact listed in
each agenda entry. If you have general
questions about or suggestions for
improving the agenda or questions
about EPA's decisionmaking process,
please contact: Phil Schwartz (1803A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202) 564-6564; e-
mail: schwartz.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. What Are EPA's Regulatory Goals
and What Key Principles, Statutes,
and Executive Orders Inform Our
Rule and Policymaking Process?
B. How Can You Be Involved in EPA's
Rule and Policymaking Process?
C. What Actions Are Included in the
Agenda and What is the Relationship
between the Agenda and Regulatory
Plan?
D. How Is the Agenda Organized?
E. What Information Is in Agenda
Entries?
F. How Can You Find Out More About
EPA Rulemakings?
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
H. Thank You for Collaborating with Us
A. What Are EPA's Regulatory Goals
and What Key Principles, Statutes, and
Executive Orders Inform Our Rule and
Policymaking Process?
Our primary objective is to protect
human health and the environment.
One way we achieve this objective is
through the development of regulations.
In the United States, Congress passes
laws and authorizes certain Government
agencies, including EPA, to create and
enforce regulations. EPA regulations
cover a range of environmental and
public health protection issues, from
setting standards for clean water to
establishing requirements for proper
handling of toxic wastes to controlling
air pollution from industry and other
sources.
To ensure that our regulatory
decisions are scientifically sound, cost-
effective, fair, and effective in achieving
environmental goals, we conduct high
quality scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process, so that
Agency decisionmakers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
building flexibility into regulations from
the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. We seek collaborative
solutions to shared challenges.
Research, testing, and adoption of new
environmental protection methods are
also a central tenet in environmental
problemsolving. The integration of all of
these elements via a well-managed
regulatory development process and a
strong commitment to innovative
solutions will ensure that we all benefit
from significant environmental
improvements that are fair, efficient,
and protective. Our overall success is
measured by our effectiveness in
protecting human health and the
environment. For a more expansive
discussion of our regulatory philosophy
and priorities please see the Statement
of Priorities in the FY 2006 Regulatory
Plan (www.epa.gov/regagenda).
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review? Act.
We also must meet a number of
requirements contained in Executive
Orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255, August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249, November 9, 2000), and 13211
(Energy; 66 FR 28355, May 22, 2001).
You can find information on these
laws and Executive Orders through
links from www.epa.gov/regagenda.
B. How Can You Be Involved in EPA's
Rule and Policy Making Process?
You can make your voice heard by
getting in touch with the contact person
provided in each Agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register(FR). To
be most effective, comments should
contain information and data that
support your position and you also
should explain why we should
incorporate your suggestion in the rule
or non-regulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
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23227
EPA
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA's rule and
policymaking process.
C. What Actions Are Included in the
Agenda and What Is the Relationship
Between the Agenda and Regulatory
Plan?
EPA includes regulations and certain
major policy documents in the Agenda.
However, there is no legal significance
to the omission of an item from the
Agenda and we generally do not include
minor amendments or the following
categories of actions:
• Administrative actions such as
delegations of authority, changes of
address or phone numbers.
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Registration-related decisions, actions
affecting the status of currently
registered pesticides and data call-ins.
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations.
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• Under the Clean Water Act: State
Water Quality Standards; deletions
from the section 307(a) list of toxic
pollutants; suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
delegations of NPDES authority to
States.
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Regulatory Plan, which is
required by Executive Order (E.O.)
12866, is published along with the fall
edition of the Regulatory Agenda. The
Plan includes a limited number of EPA
actions, typically 20-45, which will be
published during the current fiscal year
and which are the centerpieces of our
regulatory priorities. Plan entries
include all of the information included
in Agenda entries described in section
E, below, as well as additional
information about alternatives, the need
for a Federal solution, costs, benefits,
and risks. You can see EPA's current
Regulatory Plan at our
epa.gov/regagenda website.
D. How is the Agenda Organized?
We have organized the Agenda:
First, into fourteen divisions based on
the law that would authorize a
particular action. These divisions are:
1. General, which includes crosscutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. The Shore Protection Act (SPA)
Second, by the current stage of
development. The stages are:
1. Prerulemaking — Prerulemaking
actions are generally intended to
determine whether EPA should
initiate rulemaking. Prerulemakings
may include anything that influences
or leads to rulemaking, such as
advance notices of proposed
rulemaking (ANPRMs), significant
studies or analyses of the possible
need for regulatory action,
announcement of reviews of existing
regulations required under section
610 of the Regulatory Flexibility Act,
requests for public comment on the
need for regulatory action, or
important preregulatory policy
proposals.
2. Proposed Rule — This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule — This section includes
rules that will be issued as a final rule
within a year.
4. Long-Term Action — This section
includes rulemakings for which the
next scheduled regulatory action is
after March 2007.
5. Completed Action — This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 2005 Agenda. It also includes
actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future Agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
E. What Information Is in Agenda
Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates
where the entry appears in the agenda.
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
notation "Section 610 Review?" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority; Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"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
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EPA
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other: An
action that is primarily informational or
pertains to an action outside the scope
of E.O. 12866.
Also, if we believe that a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
RFA. Generally, such an analysis is
required for proposed or final rules
subject to the RFA that EPA believes
may have a significant economic impact
on a substantial number of small
entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification
number that EPA uses to track
rulemakings and other actions under
development.
URLs: For some of our actions we
include the Internet addresses for:
Reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket which is at:
www.regulations.gov. Once there,
follow? the on-line instructions to access
the docket and submit comments. A
Docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
Agenda entries that have already been
proposed.)
RIN: The Regulatory Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
F. How Can You Find Out More About
EPA Rulemakings?
1. Public Dockets
When EPA publishes either an
ANPRM or an NPRM in the Federal
Register, the Agency may establish a
docket to accumulate materials
throughout the development process for
that rulemaking. The docket serves as
the repository for the collection of
documents or information related to a
particular Agency action or activity.
EPA most commonly uses dockets for
rulemaking actions, but dockets may
also be used for Regulatory Flexibility
Act section 610 reviews of rules with
significant impacts on a substantial
number of small entities and various
non-rulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and other non-rule
activities.
2. EPA Websites
Some of the actions listed in the
Agenda include a URL that provides
additional information.
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EPA
3. Regulatory Agenda Databases and
Search Engines
If you have access to the Internet you
can use databases and their
accompanying search engines
developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA Regulatory Agenda search engine is
located at www.epa.gov/regAgenda. We
thoroughly update this database each
spring and fall and we partially update
it several other times during the year.
RISC's searchable databases are at
http://ciir.cs.umass.edu/ua/.
4. Agenda Indexes
There are five indexes that provide:
a. A list of the existing rules that we are
reviewing under section 610 of the
RFA
b. A list of actions that may have a
significant impact on a substantial
number of small businesses, small
governments, or small non-profit
organizations
c. A list of actions that may have some
impact on some small businesses,
small governments, or small non-
profit organizations but which may
either have less than a significant
impact or affect fewer than a
substantial number of them
d. A list of actions that may affect State,
local, or tribal governments
e. A list of actions that may have
federalism implications as defined in
E.O. 13132.
There is a sixth appendix included in
the Unified Regulatory Agenda, a
subject matter index. This index is not
included in EPA's Agenda reprints for
reasons of costs and because of the
availability of the search engines
described in no. 3, immediately above.
5. Listservers
If you want to get automatic e-mails
about areas of particular interest, we
maintain 12 listservers including:
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
http ://www. epa.gov/fedrgstr/
subscribe.htm.
If you have e-mail without full
Internet access, please send an e-mail to
envsubset@epa.gov to request
instructions for subscribing to the EPA
Federal Register listservers.
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
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
GENERAL—Proposed Rule Stage
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the
Agency's policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA website at
http://www.epa.gov/sbrefa/. See Index
B at the end of the Agenda, "Index to
Environmental Protection Agency
Entries for which a Regulatory
Flexibility Analysis Is Required" for a
list of these rules. See Index C for a list
of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SISNOSE). We are announcing the
completion of one section 610 review in
this Agenda, 2050-AG26; Docket No.
OAR-2005-0166; Accidental Release
Prevention Requirements: Risk
Management Programs Under the Clean
Air Act, Section 112(r) (7). We have no
section 610 reviews planned until 2008.
H. Thank You for Collaborating with Us
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
proven tool for solving the
environmental problems we face and
the Regulatory Agenda is an important
part of that process.
Dated: March 2, 2006.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
2890
2891
2892
2893
2894
2895
Title
SAN No. 4292 Procedures for Implementing the National Environmental Policy Act and Assessing the Environ-
mental Effects Abroad of EPA Regulations
SAN No 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors
SAN No. 4903 Award Term Contracting
SAN No. 4931 Revise EPAAR 1552.211-79 To Include Accessibility Standards for Contract Deliverables (508)
and Other IT Requirements
SAN No. 5063 Simolified Acauisition Financina
Regulation
Identifier
Number
2020-AA42
2030-AA67
2030-AA88
2030-AA89
2030-AA90
2030-AA92
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GENERAL—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2896
SAN No. 4836 Project XL Site Specific Rulemaking for the NASA White Sands Test Facility in Las Cruces, New
Mexico (Phases III-VI)
2090-AA35
GENERAL—Final Rule Stage
Sequence
Number
2897
2898
2899
2900
Title
SAN No 3580 Incorporation of Class Deviations Into EPAAR
SAN No 5062 Implementation of Authority To Appoint Research Scientists
SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces, New Mexico (Phases 1 - II)
Regulation
Identifier
Number
2030-AA37
2030-AA91
2060-AN15
2090-AA27
GENERAL—Long-Term Actions
Sequence
Number
2901
2902
SAN No. 4056
Agreements .
SAN No 3240
Title
Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Public Information and Confidentiality Regulations
Regulation
Identifier
Number
2020-AA39
2025-AA02
GENERAL—Completed Actions
Sequence
Number
2903
2904
2905
2906
2907
Title
SAN No 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)
SAN No. 4693 Privacy Act Regulations (Revised)
SAN No. 4813 Miscellaneous Revisions to EPAAR Clauses
SAN No 5004 TSCA Compliance Monitoring Grant Regulation Amendment
SAN No 3671 Guidelines for Carcinogen Risk Assessment
Regulation
Identifier
Number
2025-AA07
2025-AA13
2030-AA84
2070-AJ24
2080-AA06
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2908
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
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
2909
2910
2911
2912
2913
Title
SAN No
cilities
SAN No
SAN No
SAN No
SAN No
4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon From DOE Fa-
4255 Review of the National Ambient Air Quality Standards for Particulate
4531 Evaluation of Updated Test Procedures for the Certification of Gasol
4070 General Conformity Regulations1 Revisions
3975 Review of New Sources and Modifications in Indian Countrv
Matter
ne Deposit Control Additives
Regulation
Identifier
Number
2060-AK81
2060-AI44
2060-AJ61
2060-AH93
2060-AH37
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23231
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2914 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR Part 60, Appendix F, Procedure 3) 2060-AH23
2915 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards 2060-AK22
2916 SAN No. 4782 Petition To Delist Hazardous Air Pollutant : 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
2917 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
2918 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62
2919 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
2920 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
2921 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
2922 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
2923 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Ag-
gregation and Debottlenecking 2060-AL75
2924 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
2925 SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Require-
ments for Heavy-Duty Engines and Vehicles Above 14,000 Pounds & In-Use, Not-To-Exceed Emission Stnd.
Testing 2060-AL92
2926 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
2927 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
2928 SAN No. 4861 NESHAP: Area Source Standards—Paint Stripping 2060-AM07
2929 SAN No. 4846 NESHAP: Municipal Solid Waste Landfills—Amendments 2060-AM08
2930 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
2931 SAN No. 4859 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
2932 SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
2933 SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gaso-
line Sulfur Rules 2060-AM27
2934 SAN No. 4866 NESHAP: Site Remediation: Amendments 2060-AM30
2935 SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides 2060-AM33
2936 SAN No. 4882 Control of Emissions From Spark-Ignition Engines and Fuel Systems From Marine Vessels and
Small Equipment 2060-AM34
2937 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
2938 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
2939 SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments 2060-AM47
2940 SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity: Notice of Proposed Rulemaking 2060-AM48
2941 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
2942 SAN No. 4906 NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
2943 SAN No. 4918 Protection of the Stratospheric Ozone: Alternatives for the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
2944 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
2945 SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing 2060-AM71
2946 SAN No. 4907 NESHAP: Gasoline Distribution Stage I—Area Source Standards 2060-AM74
2947 SAN No. 4908 NESHAP: General Provisions—Amendments 2060-AM75
2948 SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion Engines 2060-AM81
2949 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
2950 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
2951 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
2952 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
2953 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO
2954 SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and
Light-Duty Trucks; Amendments 2060-AN10
2955 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
-------
23232
EPA
Sequence
Number
2956
2957
2958
2959
2960
2961
2962
2963
2964
2965
2966
2967
2968
2969
2970
2971
2972
2973
2974
2975
2976
2977
2978
2979
2980
2981
2982
2983
2984
2985
Sequence
Number
2986
2987
2988
2989
2990
2991
2992
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
CLEAN AIR ACT (CAA)— Proposed Rule Stage (Continued)
Title
SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions To Improve Calculation of Fuel Economy Es-
timates
SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program
SAN No 4978 NESHAP1 Autobody Refinishing — Area Source Rule
SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone
SAN No. 4794.2 Prevention of Significant Deterioration, Nonattainment New Source Review, and New Source
Performance Standards: Emissions Test for Electric Generating Units
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
SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Pro-
duction, Amendments
SAN No 4866 1 NESHAP1 Site Remediation Amendments — Response to Litigation
SAN No 4910 1 NESHAP' Organic Liquid Distribution (Non-Gasoline)1 Amendments
SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before De-
cember 9, 2004
SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used Ozone-Depleting
Substances for Destruction in the U.S
SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant
SAN No 5051 Protection of Stratospheric Ozone1 2007 Critical Use Exemptions
SAN No 5052 Protection of Stratospheric Ozone1 Ban on the Import of Pre-Charged Products
SAN No. 4752.1 Transition to New or Revised Particulate Matter (PM) NAAQS)
SAN No. 5042 PM2.5 De Minimis Emission Levels for General Conformity Applicability
SAN No 4890 1 NESHAP for Miscellaneous Coating Manufacturing1 Proposed Amendments
SAN No 5014 NESHAP1 Area Source Standards — Reciprocating Internal Combustion Engines
SAN No. 5025 Revisions to the Definition of Potential To Emit (PTE)
SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule
SAN No. 5030 National Volatile Organic Compound Emission Standards for Aerosol Coatings
SAN No. 5035 New Source Performance Standards (NSPS): Equipment Leaks — Subparts VV & GGG
SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines
SAN No. 5044 Interpretive Rulemaking To Clarify the Scope of Certain Monitoring Requirements for Federal and
State Operating Permits Programs
SAN No. 5045 Revision to Definition of Volatile Organic Compounds — Exclusion of Compounds
SAN No. 5048 Renewable Fuels Standard Rule
SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing:
Amendments
SAN No. 5056 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2007
SAN No. 5057 Transportation Conformity Rule Amendments To Implement Provisions Contained in the 2005
Transportation Bill (SAFETEA-LU)
SAN No. 5061 Revisions to Standards of Performance for New Stationary Sources, National Emission Standards
for Hazardous Air Pollutants & NESHAP for Source Category
CLEAN AIR ACT (CAA)— Final Rule Stage
Title
SAN No. 2915 Methods for Measurement of Visible Emissions — Addition of Methods 203A, 203B, and 203C to
Appendix MofPart51
SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in
Stationary Sou rce Emissions
SAN No. 4752 Clean Air Fine Particle Implementation Rule
SAN No. 3380 NSPS: SOCMI— Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60
SAN No. 4161 Update of Continuous Instrumental Test Methods
SAN No 4310 NESHAP1 Printing and Publishing Industry1 Amendments
SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement Court Remand
Regulation
Identifier
Number
2060-AN 1 4
2060-AN 1 6
2060-AN21
2060-AN24
2060-AN28
2060-AN30
2060-AN33
2060-AN36
2060-AN37
2060-AN43
2060-AN48
2060-AN49
2060-AN54
2060-AN58
2060-AN59
2060-AN60
2060-AN61
2060-AN62
2060-AN65
2060-AN68
2060-AN69
2060-AN71
2060-AN73
2060-AN74
2060-AN75
2060-AN76
2060-AN80
2060-AN81
2060-AN82
2060-AN84
Regulation
Identifier
Number
2060-AF83
2060-AG88
2060-AK74
2060-AE94
2060-AK61
2060-AI66
2060-AJ78
-------
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23233
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2993 SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities—Residual Risk Standards 2060-AK09
2994 SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk and MACT Standards Review 2060-AK10
2995 SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards 2060-AK16
2996 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18
2997 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060-AK23
2998 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
2999 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
3000 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
3001 SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources 2060-AK70
3002 SAN No. 5018 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7) (Section 610 Review) 2050-AG26
3003 SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions 2060-AJ25
3004 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060-AJ72
3005 SAN No. 4632 Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alas-
ka and the U.S. Territories 2060-AK02
3006 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3007 SAN No. 4804 Protection of Stratospheric Ozone: Various Minor Amendments to the Regulations Implementing
the Allowance System for Controlling HCFC Production, Import and Export 2060-AL90
3008 SAN No. 4829 Five-Year Review of MACT Standards for Large MWC 2060-AL97
3009 SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities—Area Source Rule 2060-AM16
3010 SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To Address New 8-
Hour Ozone Standard 2060-AM21
3011 SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP 2060-AM24
3012 SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
3013 SAN No. 4880 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Amendments
to Evaporative Emissions Regulations and Technical Amendments 2060-AM32
3014 SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing; Amendments 2060-AM43
3015 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
3016 SAN No. 3259.2 Nonattainment Major New Source Review (NSR): Final Rules 2060-AM59
3017 SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments 2060-AM76
3018 SAN No. 4910 NESHAP: Organic Liquid Distribution—Amendments 2060-AM77
3019 SAN No. 4914 Standards of Performance for Stationary Compression Ignition Internal Combustion Engines 2060-AM82
3020 SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality Assurance Requirements for
Downstream Oxygenate Blending 2060-AM88
3021 SAN No. 4934 Part 63 General Provisions—Response To Petition To Reconsider 2060-AM89
3022 SAN No. 4937 NESHAP for Refractory Products Manufacturing—Amendments 2060-AM90
3023 SAN No. 4794.1 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule 2060-AM95
3024 SAN No. 4956 Rule on Section 126 Petition From NC To Reduce Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3; Revisions to CAIR Rule; Revisions to Acid Rain Program 2060-AM99
3025 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks & Heavy Duty
Vehicles 2060-AN01
3026 SAN No. 4970 Small Municipal Waste Combustor New Source Performance Standards and Emission Guidelines
Amendments 2060-AN17
3027 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
3028 Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-Specific Best Available Ret-
rofit Technology (BART) Determinations 2060-AN22
3029 SAN No. 4625.4 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Clas-
sification 2060-AN26
3030 SAN No. 4986 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2006 2060-AN29
3031 SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater NESHAP, Amendment 2060-AN32
3032 SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of HFE-7300 2060-AN34
3033 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
3034 SAN No. 4998 Treatment of Data Influenced by Exceptional Events 2060-AN40
3035 SAN No. 4571.2 CAMR 111 Reconsideration 2060-AN50
-------
23234
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3036
3037
3038
3039
3040
3041
3042
SAN No. 4571.3 Revision of 112(n) Finding Reconsideration
SAN No. 4681.1 NSPS Combustion Turbines—Subpart GG: Amendments
SAN No. 4794.3 Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate
Rule): Reconsideration
SAN No. 5027 Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur Requirements: Exemption
for US Territories
SAN No. 5034 Deterioration Factor Provisions for Heavy-Duty Diesel Engine Certification and Part 86 Technical
Amendments
SAN No. 5049 Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment
of Corn Milling Facilities Under the "Major Emitting Facility" Definition
SAN No. 5053 Technical Amendments to the Highway and Nonroad Diesel Regulations
2060-AN53
2060-AN55
2060-AN57
2060-AN66
2060-AN70
2060-AN77
2060-AN78
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3043 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3044 SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant 2009-AA01
3045 SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard 2060-AK68
3046 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
3047 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3048 SAN No. 3649 Amendments to Method 24 (Water-Based Coatings) 2060-AF72
3049 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3050 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3051 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3052 SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards 2060-AK08
3053 SAN No. 4657 NESHAP: Group II Polymers and Resins—Residual Risk Standards 2060-AK13
3054 SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations—Residual
Risk Standard 2060-AK17
3055 SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 2060-AK19
3056 SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards 2060-AK20
3057 SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards 2060-AK21
3058 SAN No. 4664 NESHAP: Printing and Publishing Industry—Residual Risk Standards 2060-AK24
3059 SAN No. 4663 NESHAP: Petroleum Refineries—Residual Risk Standards 2060-AK25
3060 SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
troplating and Chromium Anodizing Tanks—Residual Risk Standards 2060-AK72
3061 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines- Pe-
tition To Delist 2060-AK73
3062 SAN No. 4656 NESHAP: Group I Polymers and Resins—Residual Risk Standards 2060-AK12
3063 SAN No. 4658 NESHAP: Group IV Polymers and Resins—Residual Risk Standards 2060-AK15
3064 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3065 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
3066 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
3067 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
3068 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
3069 SAN No. 4799 Consideration of Industry Petition To Remove the 2-piece Can Subcategory From the Clean Air
Act Hazardous Air Pollutant Source Category List 2060-AL86
3070 SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060-AL93
3071 SAN No. 4825 Mineral Wool Production Residual Risk Standard 2060-AL96
3072 SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3073 SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
-------
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23235
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
3074
3075
3076
3077
3078
3079
3080
3081
3082
3083
3084
3085
3086
3087
3088
3089
3090
3091
3092
3093
3094
3095
3096
Title
SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
per Cylinder
SAN No. 4873 NESHAP: Area Source Standards — Glass Manufacturing Industry
SAN No 4860 NESHAP1 Area Source Standards — Acrylic/Modacrylic Fiber (AMF) Production
SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems
SAN No 4847 NESHAP1 Oil and Natural Gas Production Residual Risk Standards
SAN No 4874 NESHAP' Area Source Standards — Industrial Inorganic Chemicals Manufacturing
SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 1 12 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK)
SAN No 4865 Strategy for Addressing Air Emissions from Animal Feeding Operations
SAN No. 4886 NESHAP: Area Source Standards — Plating and Polishing
SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial and Institutional Boilers
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
SAN No. 4699.1 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Require-
ments and on Methods To Improve Such Monitoring
SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals — Zn, Cd, Be
SAN No 4888 Area Source NESHAP for Secondary Nonferrous Metals
SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating) — Area Source Rule
SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances in Foam
Blowing
SAN No. 5009 Advance Notice for Information on Determining the Emissions Reductions Achieved From Limiting
the VOC Content of Architectural Coatings
SAN No. 5012 NESHAP: Area Source Standards — Lead Acid Battery Manufacturing
SAN No 5013 NESHAP' Area Source Standards — Primary and Secondary Copper
SAN No. 5015 NESHAP: Area Source Standards — Chemical Preparations Industry
SAN No 5016 NESHAP' Area Source Standards — Paint and Allied Products
SAN No 5036 Petroleum Refineries — New Source Performance Standards (NSPS) — Subpart J
SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead
Regulation
Identifier
Number
2060-AM06
2060-AM12
2060-AM13
2060-AM15
2060-AM18
2060-AM19
2060-AM20
2060-AM26
2060-AM37
2060-AM44
2060-AM62
2060-AM63
2060-AM69
2060-AM70
2060-AN08
2060-AN 1 1
2060-AN42
2060-AN44
2060-AN45
2060-AN46
2060-AN47
2060-AN72
2060-AN83
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
3097
3098
3099
3100
3101
3102
3103
3104
3105
3106
3107
3108
3109
3110
3111
Title
SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 1 12(r)(3); Revisions to the List of Substances
SAN No. 3470.1 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions
SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators
SAN No. 4119 Performance Specification 16 — Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment
SAN No. 4313 Petitions To Delist Hazardous Air Pollutants: MEK
SAN No 4713 NESHAP for Primary Aluminum Reduction Plants1 Amendments
SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia,
Delaware, Maryland, and New Jersey
SAN No 3910 Streamlined Evaporative Test Procedures
SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles & Light-Duty Trucks
SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
Clean Air Act
SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
cle 5 Cou nt ries
SAN No 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No 3262 Inspection/Maintenance Recall Requirements
SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Enaines
Regulation
Identifier
Number
2050-AE96
2060-AK60
2060-AG31
2060-AH84
2060-AJ41
2060-AI72
2060-AK50
2060-AI99
2060-AH34
2060-AK76
2060-AK46
2060-AK45
2060-AE20
2060-AE22
2060-AK01
-------
23236
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3112 SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
mulated Gasoline to California Phase 3 Gasoline 2060-AK04
3113 SAN No. 4557.1 Amendments to the Requirements on Variability in the Composition of Additives Certified Under
the Gasoline Deposit Control Program 2060-AK62
3114 SAN No. 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC) 2060-AK75
3115 SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Refor-
mulated and Conventional Gasoline Including Butane Blenders and Attest Engagements 2060-AK77
3116 SAN No. 4783 Voluntary Superior Monitoring 2060-AK85
3117 SAN No. 4798 Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air
Quality Standards for Early Action Compact Areas 2060-AL85
3118 SAN No. 4864 NESHAP: Surface Coating of Metal Cans—Technical Amendments 2060-AM28
3119 SAN No. 4868 Exemption of Certain Area Sources From Title V Operating Permit Programs 2060-AM31
3120 SAN No. 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods 2060-AM42
3121 SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for
Essential Class I Ozone Depleting Substances 2060-AM56
3122 SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing;
Amendment 2060-AM72
3123 SAN No. 4911 NESHAP: Plywood and Composite Wood Products; Amendments 2060-AM78
3124 SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion Turbines 2060-AM79
3125 SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam Generating Units and Indus-
trial and Commercial Boilers 2060-AM80
3126 SAN No. 4941 Amendments to Compliance Certification Requirements for State and Federal Operating Permits
Programs; Correction 2060-AM92
3127 SAN No. 4325.1 NESHAP: Brick and Structural Clay Products Manufacturing; Reconsideration 2060-AM94
3128 SAN No. 3837.1 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters; Reconsideration
Notice 2060-AM97
3129 SAN No. 4943 Revision to the Definition of Volatile Organic Compounds—Removal of VOC Exemptions for Cali-
fornia's Aerosol Coatings Reactivity-based Regulation 2060-AM98
3130 SAN No. 4811.1 PM 2.5 & PM10 Hot-Spot Analyses in Transportation Conformity Rule Amendments 2060-AN02
3131 SAN No. 4911.1 NESHAP: Plywood and Composite Wood Products; List of Hazardous Air Pollutants, Lesser
Quantity Designations, Source Category List; Reconsideration; Final Rule 2060-AN05
3132 SAN No. 4961 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the
2005 Supplemental Request 2060-AN13
3133 SAN No. 4972 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption Rule From the Phaseout of
Methyl Bromide 2060-AN18
3134 SAN No. 4625.1 Implementation Rule for 8-Hour Ozone NAAQS—Phase 2 2060-AN23
3135 SAN No. 4994 Commercial and Industrial Solid Waste Incinerators NSPS and EG: Definitions 2060-AN31
3136 SAN No. 4989 NESHAP: Secondary Aluminum Production—Amendments 2060-AN38
3137 SAN No. 5001 Revisions to Motor Vehicle Diesel Fuel Sulfur Transition Provisions 2060-AN41
3138 SAN No. 5024 Renewable Fuel Standards Requirements for 2006 2060-AN51
3139 Revision of 112 Finding Reconsideration 2060-AN52
3140 SAN No. 4433.1 Findings of Failure To Submit Required State Implementation Plans for Phase II of the NOx SIP
Call 2060-AN56
3141 SAN No. 5024 Renewable Fuel Standards Requirements for 2006 2060-AN64
3142 SAN No. 5028 Amendments to the Tier 2 Motor Vehicle Emission Regulations 2060-AN67
3143 SAN No. 5026 Approval and Promulgation of Implementation Plans; Maine; NOx Exemption Request for Northern
Maine 2060-AN79
ATOMIC ENERGY ACT (AEA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3144
3145
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Sub-
part A
2060-AH63
2060-AH90
-------
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23237
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
3146
Title
SAN No 4985 Pesticides' Determination of Status of Prions as Pests
Regulation
Identifier
Number
2070-AJ26
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3147
3148
3149
3150
3151
Title
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
SAN No. 5005 Pesticides: Data Requirements for Plant-Incorporated Protectants (PIPs)
SAN No 5031 Pesticides' Expansion of Crop Grouping Program
SAN No. 5050 Pesticide Agricultural Container Recycling Program
Regulation
Identifier
Number
2070-AD30
2070-AD49
2070-AJ27
2070-AJ28
2070-AJ29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3152
3153
3154
3155
3156
Title
SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals
SAN No 4175 Pesticide Tolerance Reassessment Program
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
SAN No 3222 Groundwater and Pesticide Management Plan Rule
SAN No. 4170 Pesticides; Procedures for the Registration Review Program
Regulation
Identifier
Number
2070-AC12
2070-AD24
2070-AB95
2070-AC46
2070-AD29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3157
3158
3159
3160
3161
3162
3163
3164
3165
SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
SAN No. 4027 Pesticides; Tolerance Processing Fees
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. 4618 Revision Of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
SAN No. 5007 Pesticides; Competency Standards for Occupational Users
SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions
2070-AD51
2070-AD61
2070-AJ23
2070-AD55
2070-AD56
2020-AA44
2070-AD14
2070-AJ20
2070-AJ22
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3166
3167
Title
SAN No 4610 Protections for Test Subjects in Human Research
SAN No. 4216 Pesticides; Emergency Exemption Process Revisions
Regulation
Identifier
Number
2070-AD57
2070-AD36
-------
23238
EPA
Sequence
Number
3168
3169
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Prerule Stage
Title
SAN No. 3493 Future Testing for Existing Chemicals (Overview Entry)
SAN No 5058 Nanoscale Materials Stewardship Program
Regulation
Identifier
Number
2070-AB94
2070-AJ30
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3170
3171
3172
3173
3174
3175
3176
3177
3178
3179
Title
SAN No. 3557 Lead-Based Paint Activities; Amendments for Renovation, Repair and Painting
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing and Distribution in Commerce
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
SAN No 4983 Significant New Use Rule (SNUR)1 Mercury Switches in Motor Vehicles
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Fu rnitu re
SAN No 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No. 2150.1 Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration
(MARAD)
SAN No 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
SAN No 4984 Clarification on Guidance for Activated Phosphors
Regulation
Identifier
Number
2070-AC83
2070-AB20
2070-AB79
2070-AD16
2070-AJ 1 9
2070-AD48
2070-AJ04
2070-AJ05
2070-AJ 1 5
2070-AJ21
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3180
3181
3182
3183
3184
3185
3186
3187
3188
3189
3190
3191
Title
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
O rd e rs
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No 1 139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
SAN No 4870 Significant New Use Rule (SNUR)1 Certain Polybrominated Diphenyl Ethers (PBDEs)
SAN No 3493 1 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No. 3493.4 Testing Agreement for Diethanolamine
SAN No 3493 5 Testing Agreement for Hydrogen Fluoride
SAN No. 3493.7 Testing Agreement for Phthalic Anhydride
SAN No. 3493.6 Testing Agreement for Maleic Anhydride
SAN No 3301 2 TSCA Inventory Update Reporting Rule1 Electronic Reporting
Regulation
Identifier
Number
2070-AD58
2070-AB27
2070-AB08
2070-AB11
2070-AD25
2070-AJ02
2070-AJ06
2070-AJ09
2070-AJ 1 0
2070-AJ 11
2070-AJ 13
2070-AJ25
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3192
3193
3194
3195
3196
3197
3198
3199
3200
Title
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No 3252 Lead Fishing Sinkers1 Response to Citizens Petition and Proposed Ban
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
SAN No 4597 Polychlorinated Biphenyls (PCBs)1 Disposal of PCBs1 Implementation Issues
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No 3487 Test Rule1 Hazardous Air Pollutants (HAPs)
SAN No. 3882 Test Rule; Certain Metals
SAN No. 4174 Testina Aareement for Certain Oxvaenated Fuel Additives
Regulation
Identifier
Number
2070-AC51
2070-AC21
2070-AC64
2070-AD52
2070-AA59
2070-AC27
2070-AC76
2070-AD10
2070-AD28
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23239
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions (Continued)
Sequence
Number
3201
3202
3203
3204
3205
3206
3207
3208
3209
Title
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No 1923 Follow-Up Rules on Existing Chemicals
SAN No 3528 Significant New Use Rule (SNUR)1 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 4858 Notification of Chemical Exports Under TSCA Section 12(b)
SAN No 3493 2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No 3493 3 Test Rule1 Brominated Flame Retardants (BFRs)
SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
Regulation
Identifier
Number
2070-AD44
2070-AA58
2070-AC37
2070-AD53
2070-AD64
2070-AJ01
2070-AJ07
2070-AJ08
2070-AJ18
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
3210
3211
3212
Title
SAN No 3301 1 TSCA Inventory Update Rule Revisions
SAN No. 4942 Significant New Use Rule for Glycol Ethers
SAN No. 4953 Lead-Based Paint; Pre-Renovation Lead Education Rule; Amended Pamphlet
Regulation
Identifier
Number
2070-AD63
2070-AJ12
2070-AJ14
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
3213
3214
Title
SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, and Titanate From the Metal Com-
pound Categories Listed on the Toxics Release Inventory
SAN No 5054 Reportable Quantity Adjustment for Isophorone Diisocyanate
Regulation
Identifier
Number
2025-AA16
2050-AG32
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
3215
3216
3217
Title
SAN No. 4595 Rulemaking To Change Toxic Release Inventory (TRI) Reporting Requirements From Standard In-
dustrial Classification (SIC) Codes to North American Industrial Classification System (NAICS) Codes
SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
Dioxin and Dioxin-like Compounds Category Under EPCRA, Section 313
SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule
Regulation
Identifier
Number
2025-AA10
2025-AA12
2025-AA14
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3218
3219
3220
3221
3222
Title
SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
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
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation
SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
Regulation
Identifier
Number
2050-AE17
2050-AF08
2025-AA1 1
2025-AA17
2025-AA19
-------
23240
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3223
3224
3225
3226
3227
3228
Title
SAN No 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation on Alternative Liners
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN No 4651 Increase Metals Reclamation From F006 Waste Streams
SAN No. 4834 Hazardous Waste Management System: Identification and Listing of Hazardous Waste (F019 List-
ing Amendment in Wastewater Treatment Sludges From Zinc Phosphating Processes in Automotive Assembly
Plants)
SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and Research Labora-
tories
SAN No 4828 RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2050-AE67
2050-AE51
2050-AE97
2050-AG 1 5
2050-AG18
2090-AA34
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3229
3230
3231
3232
3233
3234
Title
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No. 441 1 Regulation of Hazardous Oil-Bearing Secondary Materials From Petroleum Refining Industry and
Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations
SAN No 4670 Revisions to the Definition of Solid Waste
SAN No 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction New York
Regulation
Identifier
Number
2050-AE23
2050-AE78
2050-AE52
2050-AE98
2050-AG27
2090-AA29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3235
3236
3237
3238
3239
3240
3241
3242
3243
3244
3245
3246
Title
SAN No. 3856 Management of Cement Kiln Dust (CKD)
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers
SAN No. 4469 Standards for the Management of Coal Combustion Wastes — Non-Power Producers and
Minefilling
SAN No 4735 RCRA Smarter Waste Reporting
SAN No. 4701 E-Cycling Pilot Project For Region 3 States (ECOS); Streamlining RCRA Regulations To Encour-
age Reuse, Recycling, and Recovery of Electronic Equipment
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
SAN No. 4743 Land Disposal Restrictions: Macroencapsulation of Radioactive Lead Solids; Definition of
Macroencapsulation
SAN No. 3147.1 Hazardous Waste Manifest Revisions - Standards and Procedures for Electronic Manifests
SAN No 4977 Expanding the Comparable Fuels Exclusion Under RCRA
SAN No. 5047 NESHAP for Hazardous Air Pollutants for Hazardous Waste Combustors
Regulation
Identifier
Number
2050-AE34
2050-AE81
2050-AE83
2050-AF01
2003-AAOO
2050-AE93
2050-AC71
2050-AF06
2050-AF12
2050-AG20
2050-AG24
2050-AG29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3247
3248
Title
SAN No 4084 RCRA Burden Reduction Initiative
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris From Underaround Storaae Tanks
Regulation
Identifier
Number
2050-AE50
2050-AD69
-------
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23241
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Completed Actions (Continued)
Sequence
Number
3249
3250
Title
SAN No 4824 Hazardous Waste Generator Program Evaluation
SAN No. 3333.1 NESHAP for Hazardous Waste Combustors (Amendments)
Regulation
Identifier
Number
2050-AG25
2050-AG30
OIL POLLUTION ACT (OPA)— Proposed Rule Stage
Sequence
Number
3251
Title
SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule, 40 CFR Part 112
Regulation
Identifier
Number
2050-AG16
OIL POLLUTION ACT (OPA)— Final Rule Stage
Sequence
Number
3252
Title
SAN No. 2634.3 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Requirements —
Amendments
Regulation
Identifier
Number
2050-AG23
OIL POLLUTION ACT (OPA)— Completed Actions
Sequence
Number
3253
Title
SAN No 2634 4 SPCC - Extension of Compliance Dates
Regulation
Identifier
Number
2050-AG28
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Proposed Rule
Stage
Sequence
Number
3254
3255
Title
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
SAN No 4971 National Contingency Plan Revisions To Align With the National Response Plan
Regulation
Identifier
Number
2050-AD75
2050-AG22
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
3256
3257
Title
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178)
SAN No 4736 Administrative Reporting Exemption for Certain Air Releases of NOx
Regulation
Identifier
Number
2050-AE12
2050-AF02
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3258
3259
SAN No. 4737 Correction of Errors and
SAN No. 4177 Revise 40 CFR Part 35
Superfund Response Actions
Title
Adjustment of CERCLA Reportable Quantities
Subpart O: Cooperative Agreements and Superfund State Contracts for
Regulation
Identifier
Number
2050-AF03
2050-AE62
-------
23242
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Sequence
Number
3260
3261
SAN No
SAN No
Title
4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a)
4739 Standards and Practices for Conducting All Appropriate Inquiries
Regulation
Identifier
Number
2050-AE63
2050-AF04
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3262
3263
3264
Title
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II
SAN No 4996 Concentrated Animal Feeding Operation Rule
SAN No. 5040 Water Transfers Rule
Regulation
Identifier
Number
2040-AD39
2040-AE80
2040-AE86
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3265
3266
3267
3268
3269
3270
3271
Title
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 4543 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act, Phase 3
SAN No. 4690 National Pollutant Discharge Elimination System Permit Requirements for Peak Wet Weather Dis-
charges From Municipal Wastewater Treatment Plants Serving Sanitary Sewer Collection Systems Policy
SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal Coliforms, and Salmonella Under
the Clean Water Act
SAN No 4965 2006 Effluent Guidelines Program Plan
SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United States in Compliance With
FIFRA
SAN No. 4979 Amendments to NPDES Regulations for Storm Water Discharges From Oil/Gas Exploration, Pro-
duction Processing or Treatment Operations or Transmission Facilities
Regulation
Identifier
Number
2040-AD71
2040-AD70
2040-AD87
2040-AE68
2040-AE76
2040-AE79
2040-AE81
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
3272
3273
3274
3275
3276
3277
3278
3279
3280
3281
3282
3283
3284
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN No 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No 3786 NPDES Applications Revisions
SAN No. 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. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters
SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations
SAN No 4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC1 for Recreational Waters
Regulation
Identifier
Number
2050-AE87
2040-AD49
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AC84
2040-AD02
2040-AD89
2040-AE61
2040-AE69
2040-AE74
2040-AE77
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23243
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3285 SAN No. 4980 Effluent Limitations Guidelines and Standards for the Vinyl Chloride and Chlor-Alkali Point Source
Categories 2040-AE82
CLEAN WATER ACT (CWA)—Completed Actions
Regulation
ss
3286 SAN No. 4947 Effluent Guidelines for the Iron and Steel Manufacturing Point Source Category (Revision) 2040-AE78
3287 SAN No. 4996.1 Concentrated Animal Feeding Operations—Compliance Dates 2040-AE85
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
s=f I ™.
3288 SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List 2040-AE60
3289 SAN No. 4981 National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revi-
sions and Clarifications 2040-AE83
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Regulation
M Title Identifier
Number Number
3290 SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule 2040-AA97
3291 SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions 2040-AD93
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
I
3292 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94
3293 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13
3294 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
3295 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements 2040-AD94
3296 SAN No. 4745 Drinking Water Contaminant Candidate List 3 2040-AD99
3297 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40
3298 SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System 2040-AE84
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
s=f I
3299 SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule 2040-AD37
3300 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-AD38
-------
23244
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3301
Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2890. PROCEDURES FOR
IMPLEMENTING THE NATIONAL
ENVIRONMENTAL POLICY ACT AND
ASSESSING THE ENVIRONMENTAL
EFFECTS ABROAD OF EPA
REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for,
congressionally funded special
appropriation projects and EPA-funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292;
Agency Contact: Robert Hargrove,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, DEPP-SPMMP, Washington,
DC 20460
Phone: 202 564-0000
Fax: 202 564-0070
Email: hargrove.robert@epamail.epa.gov
Jaime Loichinger, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, Environmental Protection
Agency, Office of Enforcement and
Compliance, 2252A, Washington, DC
20460
Phone: 202 564-0276
RIN: 2020-AA42
2891. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319;
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Daniel Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
2892. SECURITY REQUIREMENTS
FOR TOXIC SUBSTANCES CONTROL
ACT CONFIDENTIAL BUSINESS
INFORMATION ACCESS FOR
CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 Sec 205
(c); 63 Stat. 390, as amended; 40 USC
486 (c); 41 USC 418b
CFR Citation: 48 CFR 1552; 48 CFR
1535
Legal Deadline: None
Abstract: Current security requirements
for Toxic Substances Contract Act
Confidential Business Information
(TSCA CBI) access for contractors are
implemented in three Environmental
Protection Agency contract clauses,
1552.235-75, 1552.235-76, and
1552.235-78. Security requirements for
the Government and contractors have
been updated in a 2003 TSCA CBI
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23245
EPA—General
Proposed Rule Stage
Protection Manual. This rulemaking
will implement the new TSCA CBI
requirements into the three EPAAR
clauses cited above.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4904;
Agency Contact: Linda Clement,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-4356
Fax: 202 565-2552
Email: clement.linda@epamail.epa.gov
Harry Lewis, Environmental Protection
Agency, Administration and Resources
Management, 7407, Washington, DC
20460
Phone: 202 564-8642
Email: lewis.harry@epamail.epa.gov
RIN: 2030-AA88
2893. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 4l8(b); 5 USC
301, sec 205(c); 63 Stat 390, as
amended
CFR Citation: 48 CFR 1516 and 1552
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add guidance on
the use of award-term contracts. The
guidance is necessary for contracting
officers seeking to include award-term
provisions in contracts. This guidance
will establish a solicitation provision
and contract clause in the EPAAR.
Timetable:
Action
Date
FR Cite
NPRM 11/00/06
Final Action 11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4903;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-1376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
2894. REVISE EPAAR 1552.211-79 TO
INCLUDE ACCESSIBILITY
STANDARDS FOR CONTRACT
DELIVERABLES (508) AND OTHER IT
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301, sec 205(c);
41 USC 418(b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: This action will amend the
Environmental Protection Agency
Acquisition Regulation (EPAAR) to
require contractors to identify
applicable accessibility (508) standards
in contract deliverables.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4931;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-1376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
2895. • SIMPLIFIED ACQUISITION
FINANCING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is implementing Agency
guidance of a Federal Acquisition
Regulation change allowing financing
options for simplified acquisitions.
Action
Date
FR Cite
NPRM 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5063;
Agency Contact: Susan Kantrowitz,
Environmental Protection Agency,
Administration and Resources
Management, 3102A, Washington, DC
20460
Phone: 202 564-4317
Fax: 202 564-1887
Email: kantrowitz.susan@epa.gov
Tiffany Schermerhorn, Environmental
Protection Agency, Administration and
Resources Management, 3102A,
Washington, DC 20460
Phone: 202 564-9902
Fax: 202 564-1887
Email:
schermerhorn.tiffany@epamail.epa.gov
RIN: 2030-AA92
2896. PROJECT XL SITE SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES
III-VI)
Priority: Info./Admin./Other
Legal Authority: 33 USC 2701-2761; 42
USC 300(f) to 300(j)-26; 42 USC
6901-6992(k)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The United States
Environmental Protection Agency has
entered into a Final Project Agreement
with the National Aeronautics and
Space Administration (NASA) White
Sands Test Facility in Las Cruces,
Mexico that would modify the
reporting requirements under the
Resource Conservation and Recovery
Act (RCRA) and the Safe Drinking
Water Act (SDWA). The rule will allow
the facility to submit regulatory reports
and submit information electronically
rather than on paper to the New
Mexico Environment Department
(NMED) Solid Waste Bureau,
Hazardous Waste Bureau, Groundwater
Bureau, and Air Quality Bureau. Doing
so will significantly reduce its
regulatory reporting costs and enhance
the State's ability to analyze and
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23246
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—General
Proposed Rule Stage
manage the facility's regulatory and
permit information. The electronic
reporting involves six phases that will
transition NASA from submitting data
on a CD-ROM to utilizing the Internet
to transmit data to NMED. This rule
covers Phases III-VI of the project, the
previous NASA White Sands Test
Facility Final Rule covered Phases I-
II.
Timetable:
Action
Date
FR Cite
NPRM 11/00/06
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4836;
Agency Contact: Adam Levitan,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-1466
Fax: 202 566-2210
Email: levitan.adam@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA35
Environmental Protection Agency (EPA)
General
Final Rule Stage
2897. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g.,
changes to reporting requirements and
monthly progress reports) to the
EPAAR since its promulgation in April
1994. This proposed rule would
incorporate most of the class deviations
to the EPAAR.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580;
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
2898. • IMPLEMENTATION OF
AUTHORITY TO APPOINT RESEARCH
SCIENTISTS.
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is an administrative
provision in title II which authorizes
the Administrator, after consultation
with OPM, to make up to five
appointments in any fiscal year from
2006 to 2011 for the Office of Research
and Development only under the
authority provided in 42 U.S.C. 209.
Timetable:
Action
Date FR Cite
Direct Final Action
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5062;
Agency Contact: Susan Kantrowitz,
Environmental Protection Agency,
Administration and Resources
Management, 3102A, Washington, DC
20460
Phone: 202 564-1317
Fax: 202 564-1887
Email: kantrowitz.susan@epa.gov
John T. Obrien, Environmental
Protection Agency, Administration and
Resources Management, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-7876
Email: obrien.johnt@epamail.epa.gov
RIN: 2030-AA91
2899. 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
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23247
EPA—General
Final Rule Stage
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
Date
FR Cite
NPRM
Final Action
08/22/05 70 FR 49014
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4964;
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@epa.gov
Raymond Lee, Environmental
Protection Agency, Air and Radiation,
6608J, Washington, DC 20460
Phone: 202 343-9463
Fax: 202 343-2503
Email: lee.raymond@epa.gov
RIN: 2060-AN15
2900. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES I - II)
Priority: Info./Admin./Other
Legal Authority: Safe Drinking Water
Act; 42 USC 300f to 300J-26; Solid
Waste Disposal Act; 42 USC 6901 to
6992k
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (SDWA), Clean Water Act
(CWA) and the Clean Air Act (CAA).
The purpose of this NASA WSTF
Electronic Reporting site-specific rule is
to enable the NASA WSTF to
electronically submit compliance
reports and permit information to the
New Mexico Environment Department
(NMED) in lieu of submitting paper
reports. The rule will set forth
guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes. This rule will address Phases
I and II of the project covering
reporting requirements under RCRA
and the SDWA. A second and
subsequent rule will address Phases III-
VI of the project covering additional
reporting requirements under the CWA
and CAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/31/01 66 FR 55050
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
WASTE/2001/October/Day-
31/f27380.htm;
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2183
Fax: 202 566-2220
Email:
heinemann.kristina@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
Long-Term Actions
2901. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101-507; PL
102-389; PL 101-549; 42 USC 9605(f);
PL 100-590; EO 12432; EO 12138; EO
11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review? of affirmative
action programs. They include: (1)
placing greater emphasis on requiring
assistance agreement recipients to
submit documentation supporting
proposed fair share procurement
objectives for Minority Business
Enterprises (MBEs) and Women's
Business Enterprises (WBEs) based on
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
to take reasonable race/gender-
conscious measures (e.g., bidding
credits) in the event that race/gender-
neutral efforts prove inadequate to meet
fair share objectives; and (3)
administering statutory MBE/WBE
objectives as a national goal, allowing
smaller or larger fair share objectives
for particular grants or cooperative
agreements based on the availability
standard.
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23248
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—General
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/24/03 68 FR 43824
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4056;
Agency Contact: Kimberly Patrick,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 564-5386
Fax: 202 501-0139
Email:
patrick.kimberly@epamail.epa.gov
leanette Brown, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1230A, Washington, DC
20460
Phone: 202 564-4100
Fax: 202 501-0756
Email: brown.jeanettel@epamail.epa.gov
RIN: 2020-AA39
2902. 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
Date
FR Cite
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71366
08/30/00 65 FR 52684
12/21/00 65 FR 80394
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202 566-1649
Fax: 202 566-1639
Email: hisel-
mccoy.sara@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20460
Phone: 202 566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
Environmental Protection Agency (EPA)
General
Completed Actions
2903. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
(CROMERRR)
Priority: Other Significant
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Completed:
Reason
Date
FR Cite
NPRM 08/31/01 66 FR 46162
Final Action 10/13/05 70 FR 59848
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Evi Huffer
Phone: 202 566-1697
Fax: 202 260-9322
Email: huffer.evi@epamail.epa.gov
David Schwarz
Phone: 202 566-1704
Fax: 202 566-1684
Email: schwarz.david@epamail.epa.gov
RIN: 2025-AA07
2904. PRIVACY ACT REGULATIONS
(REVISED)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 16 (revised)
Completed:
Reason
Date
FR Cite
NPRM 09/14/04 69 FR 55377
Final Action 01/04/06 71 FR 232
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Judy Hutt
Phone: 202 566-1668
Fax: 202 566-1639
Email: hutt.judy@epamail.epa.gov
Deborah Williams
Phone: 202 566-1659
Fax: 202 566-1648
Email:
williams.deborah@epamail.epa.gov
RIN: 2025-AA13
2905. MISCELLANEOUS REVISIONS
TO EPAAR CLAUSES
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1515; 48 CFR
1535; 48 CFR1552
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23249
EPA—General
Completed Actions
Completed:
Reason
Date
FR Cite
Direct Final Action 10/25/05 70 FR 61567
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dan Humphries
Phone: 202 564-4377
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA84
2906. • TSCA COMPLIANCE
MONITORING GRANT REGULATION
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: TSCA Section 28
CFR Citation: 40 CFR 35.312
Legal Deadline: None
Abstract: This action is to revise the
Toxic Substances Control Act (TSCA)
Compliance Monitoring Grant
Regulation, 40 CFR 35.312 by deleting
the reference to a competitive process.
This action will be filed as a direct
final rule. The language in the
regulation currently reads " EPA will
award TSCA compliance monitoring
grant funds to States through a
competitive process in accordance with
the national program guidance." This
regulation will be revised by deleting
the phrase "through a competitive
process" from the regulation. The
action is necessary to reflect how TSCA
compliance monitoring grants funding
States with PCB and asbestos
compliance monitoring programs are
managed.
Timetable:
Action
Date FR Cite
Final Action
02/13/06 71 FR7414
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5004;
EPA publication information: Final
Action -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/February/Day-13/tl309.htm;
Agency Contact: Phyllis Flaherty,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 202 564-1131
Fax: 202 564-0050
Email: flaherty.phyllis@epamail.epa.gov
Iliana Tamacas, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 281 983-2113
Fax: 281 983-2124
Email: tamacas.iliana@epamail.epa.gov
RIN: 2070-AJ24
2907. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date FR Cite
Guidance published 04/07/05
by EPA
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: William Wood
Phone: 202 564-3358
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
2908. • 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
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Reformulated Gasoline (RFG)
is gasoline blended to reduce emissions
that cause ozone smog. The Clean Air
Act (CAA) requires certain areas to use
RFG, depending on how serious the
ozone problem is—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-hr 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
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EPA—Clean Air Act (CAA)
Prerule Stage
is the only bump-up area that would
fall within the scope of this proposal.
Timetable:
Action
Date
FR Cite
ANPRM 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 64061, Washington, DC
20460
Phone: 202 343-9219
Fax: 202 343-2800
Email: gustafson.kurt@epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 734 214-4820
Email: cook.leila@epamail.epa.gov
RIN: 2060-AN63
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2909. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAAA
112(g) or (q)
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS-PC or any other procedures for
which EPA has granted prior approval.
Since promulgation of subparts H and
I, EPA has developed an additional
model, GENII-NESHAPS, which is
suitable for regulated entities to use to
determine compliance, in addition to
the currently approved models
mentioned above. The model was
developed to incorporate the internal
dosimetry models recommended by the
International Commission on
Radiological Protection (ICRP) and the
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPs has
undergone Science Advisory Board
(SAB) review?. In this direct final rule,
EPA is updating Subparts H and I to
include GENII-NESHAPS as an
approved compliance model.
Timetable:
Action
Date FR Cite
NPRM
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4768;
Agency Contact: Behram Shroff,
Environmental Protection Agency, Air
and Radiation, 66081, Washington, DC
20460
Phone: 202 343-9707
Fax: 202 343-9707
Email: shroff.behram@epamail.epa.gov
RIN: 2060-AK81
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: NPRM, ludicial,
December 20, 2005.
Final, ludicial, September 27, 2006.
Abstract: On luly 18, 1997, the EPA
published a final rule revising the
national ambient air quality standards
(NAAQS) for particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421) was
published that, among other things,
anticipated that EPA would complete
the next review of the PM NAAQS by
luly 2002. The EPA's plans and
schedule for the next periodic review?
of the PM NAAQS were published on
October 23, 1997 (62 FR 55201). Due
to the unprecedented volume of new
research, the completion of the Criteria
Document has been extended. As a
result the overall schedule for the
review? of the PM NAAQS has extended
beyond the original target of luly 2002.
As with other NAAQS reviews, a
rigorous assessment of relevant
scientific information will be presented
in a Criteria Document (CD) prepared
by EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will then prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The CD and
SP will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public, and both final
documents will reflect the input
received through these reviews. As the
PM NAAQS review is completed, the
Administrator's proposal to revise or
reaffirm the PM 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. On lanuary 17, 2006, EPA
proposed rules regarding the primary
and secondary PM NAAQS (71 FR
2620) as well as proposed revisions to
the ambient air monitoring regulations
(71 FR 2710).
Timetable:
Action
Date
FR Cite
NPRM
01/17/06 71 FR2620
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23251
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Action
Date FR Cite
NPRM Comment
Period End
Final Action
04/17/06
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4255;
; EPA Docket information: OAR-2001-
0017
URL For More Information:
www.epa.gov/ttn/naaqs/standards/pm/
s pm index.html
Agency Contact: Beth Hassett-Sipple,
Environmental Protection Agency, Air
and Radiation, C539-01, Washington
DC, DC 20460
Phone: 919 541-4605
Fax: 919 541-0237
Email: hassett-sipple.beth@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AI44
2911. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. This proposed
action will not impact small businesses,
or State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531;
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
48105
Phone: 734 214-1227
Email: herzog.jeff@epamail.epa.gov
RIN:2060-AJ61
2912. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects which are funded under title
23 U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. The EPA has not reviewed
or revised the General Conformity
Regulations since their 1993
promulgation. Several Federal agencies
have identified concerns over the
implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review? the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4070;
Agency Contact: Tom Coda,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AH93
2913. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Substantive, Nonsignificant
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 and major stationary
sources of air pollution in
nonattainment areas in Indian country.
Pursuant to the Tribal Air Rule, eligible
Indian Tribes may receive EPA
authorization to develop and
implement such programs. The Federal
NSR permitting programs would be
effective throughout Indian country and
would be implemented by EPA if
eligible Indian Tribes do not elect, or
do not receive authorization, to manage
such programs. The proposed Federal
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
existing minor sources undergoing
modification, (3) new major sources in
nonattainment areas in Indian country,
or (4) existing major sources in
nonattainment areas in Indian country
undergoing minor modification. The
proposed rule also would 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. These rules would not impose
any mandates on Tribal governments to
implement NSR permitting programs.
Tribal governments may be affected,
however, insofar as they own or operate
sources that must obtain a permit from
the EPA under the final Federal
permitting program regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
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@epamail.epa.gov
Jessica Montanez, Environmental
Protection Agency, Air and Radiation,
C339-03, RTF, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AH37
2914. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR PART 60, APPENDIX F,
PROCEDURE 3)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, -.
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date FR Cite
NPRM
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AH23
2915. NESHAP: HALOGENATED
SOLVENT CLEANING - RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002, -.
Final, Judicial, December 31, 2006,
consent decree.
Abstract: The Halogenated Solvent
Cleaning NESHAP limits emissions of
HAP from solvent cleaning machines
that use any of the following
halogenated solvents: methylene
chloride, perchloroethylene,
trichloroethylene, 1,1,1, -
trichloroethane, carbon tetrachloride,
chloroform, or any combination of
these solvents in a total concentration
greater than 5 percent by weight. Each
individual solvent cleaning machine is
an affected source. The Halogenated
Solvent Cleaning NESHAP was
projected to reduce nationwide
emissions of hazardous air pollutants
(HAP) from halogenated solvent
cleaning machines by 85,300 tons per
year, or 63 percent of the 1991 baseline
emissions of 140,525 tons/year. On
December 3, 1999, the rule was
amended by adding compliance options
for continuous web cleaning machines.
Continuous web cleaning machines are
considered a subset of in-line cleaning
machines and are defined as: "a solvent
cleaning machine in which parts such
as film, coils, wire, and metal strips
are cleaned at speeds typically in
excess of 11 feet per minute. Parts are
generally uncoiled, cleaned such that
the same part is simultaneously
entering and exiting the solvent
application area of the solvent cleaning
machine, and then recoiled or cut."
This action is required by the CAA to
assess residual risk and develop
standards as necessary to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/06
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4668;
Sectors Affected: 335999 All Other
Miscellaneous Electrical Equipment
and Component Manufacturing; 332999
All Other Miscellaneous Fabricated
Metal Product Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
332116 Metal Stamping; 339
Miscellaneous Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-1039
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK22
2916. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT :
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Timetable:
Action
Date
FR Cite
Notice of Complete 05/26/05 70 FR 30407
Petition
NPRM 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK84
2917. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
22, 2003, -.
Final, Judicial, December 15, 2006,
Court ordered deadline for final rule.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. This rule will
cover the major sources of air emissions
within the synthetic organic chemical
industry.
Action
Date
FR Cite
NPRM
Final Action
06/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4659;
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK14
2918. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
There are no new categories being
regulated nor are any limits being
lowered. Several definitions are being
updated to provide more clarity. The
variance process is being streamlined.
A correction is being made to the
address for Region 3.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/06
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309;
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-0072
Email: moore.bruce@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Research
Triangle Park, NC 27709
Phone: 919 541-5396
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AI62
2919. 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 as solvents
for general metals, precision, and
electronics cleaning, as well as in
aerosol solvent and adhesives end uses.
This could provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. The rule also would propose
specific conditions on the use of nPB
as a solvent. These might include
limiting the specific applications in
which it may be used to those with
low emissions and requiring exposure
limits consistent with industry
practices. This will ensure that nPB is
used in a manner that is safe and
environmentally protective. OSHA does
not currently regulate nPB. EPA would
revise our ruling to adopt whatever
OSHA requires if OSHA later regulates
the use of nPB. If finalized as proposed,
this rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
NPRM Correction
06/03/03 68 FR 33283
10/02/03 68 FR 56809
Supplemental NPRM 07/00/06
Final Action 03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
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
Karen Thundiyil, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AK26
2920. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
5/2/02 and 5/22/03 we partially and
limitedly approved and partially and
limitedly disapproved Montana's SO2
SIP for Billings/Laurel. EPA intends to
propose a Federal Implementation Plan
(FIP) to cover those parts of the State's
plan we disapproved. EPA's FIP will
assure that the Billings/Laurel area will
attain and maintain the SO2 NAAQS.
Timetable:
Action
Date
FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4542;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P—AR, Denver,
CO 80202
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epamail.epa.gov
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Denver, CO 80202
Phone: 303 312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOO
2921. 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: This action proposes
Performance Specification 17 (PS-17),
Quality Assurance (QA) Procedure 4,
and amendments to appendix F, QA
Procedure 1. Performance Specification
17 and QA Procedure 4 apply to
continuous parameter monitoring
systems (CPMS). Many of the rules
promulgated under 40 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
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Proposed Rule Stage
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis. Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) that measure a single
pollutant. The proposed amendments to
QA Procedure 1 broadens the
procedure to address the unique
requirements of GEMS that are used for
monitoring multiple pollutants.
Because several of the regulations
promulgated under 40 CFR part 63
require multiple pollutant GEMS, these
amendments are needed to ensure those
GEMS are operated in a manner that
ensures the quality of the emission data
collected. This action is not expected
to have any impacts on small entities
or State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
05/00/06
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, C330-02, Research
Triangle Park, NC 27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AJ86
2922. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4633;
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
48691 Pipeline Transportation of
Refined
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9305
Fax: 202 233-9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
2923. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): AGGREGATION AND
DEBOTTLENECKING
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: These rules clarify when
multiple activities at a single major
stationary source must be considered
together for the purposes of
determining major new source review
(NSR) applicability (aggregation). 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). The
regulations for aggregation and
debottlenecking are intended to
improve implementation of the program
by articulating principles for
determining major NSR applicability
that were previously addressed through
guidance only.
Timetable:
Action
Date
FR Cite
NPRM 07/00/06
Final Action 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4793;
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-2380
Fax: 919 541-1039
Email:
svendsgaard.dave@epamail.epa.gov
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-3450
Fax: 919 541-1039
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
2924. 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, an SIP
that complied with the NOx SIP Call.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the section 126 Rule and the
NOx SIP Call have been delayed and
the NOx SIP Call has been divided into
two phases. Therefore, in a separate
action, EPA proposed to revise the
section 126 Rule withdrawal provision
so that it will continue to operate under
these new circumstances. Under that
proposal, where a State submits a NOx
SIP that meets only Phase 1 of the NOx
SIP Call, EPA would need to make a
determination that the SIP controls the
total group of section 126 sources to
the same stringency as the section 126
Rule would before the section 126 Rule
could be withdrawn. In this current
action, EPA is proposing that the
Michigan Phase I SIP meets the
proposed revised section 126 Rule
withdrawal criteria, and therefore, if
EPA finalizes the withdrawal criteria as
proposed, EPA would withdraw the
section 126 Rule for sources in
Michigan.
Timetable:
Action
Date
FR Cite
NPRM 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-3347
Fax: 919 541-1039
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 20460
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
2925. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 POUNDS &IN-USE,
NOT-TO-EXCEED EMISSION STND.
TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is proposing to establish
On-Board Diagnostic (OBD)
requirements for Heavy-Duty on-
highway and non-road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action will
also propose to require manufacturers
of these vehicles and engines to make
available emissions-related service
information to after market service
providers. OBD systems are intended to
monitor the performance of emission
controls on these vehicles and engines
to ensure proper functionality and
compliance with emissions standards.
This notice also proposes a
manufacturer run in use testing
program for heavy-duty engines and
vehicles to assess compliance with the
applicable not to exceed standards
beginning in 2007. This portion of the
notice has a court-ordered date for May
2004 and final May 2005 as a result
of a settlement between EPA, ARE, and
Engine Manufacturers.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
48105
Phone: 734 214-4405
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 48105
Phone: 734 214-4288
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
2926. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: PL 105-277, sec 764
CFR Citation: 40 CFR Part 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance, after the
phase-out date of 2005. This exemption
will be limited to no more than 20
metric tons per emergency event. This
is a deregulatory action that will
decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/06
02/00/07
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23257
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Marta Montoro, Environmental
Protection Agency, Air and Radiation,
6205 1, Washington, DC 20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AL94
2927. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR Part 60; 40 CFR
Part 61; 40 CFR Part 63; 40 CFR Part
65
Legal Deadline: Other, Judicial, March
31, 2006, Thompson Report date.
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP) under the Clean Air
Act. These regulations are codified at
40 CFR Part 60, 61, 63, and 65. These
regulations require periodic leak
detection and repair (LDAR) of pumps,
valves, and connectors. The current
work practice requires each pump,
valve, and connector to be individually
monitored for leaks. Facilities have had
LDAR programs in place for over 20
years and view them as burdensome
because they are labor intensive. Newer
image based monitoring technology is
being developed which will detect
leaks at a reduced costs because of the
ability to monitor multiple components
at one time. This rule would amend
the existing regulations to enable the
plant operators to use the new
technology.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AL98
2928. NESHAP: AREA SOURCE
STANDARDS—PAINT STRIPPING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
December 15, 2005.
Final, Statutory, December 15, 2006.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several smaller pollution sources
grouped within urban areas. As part of
that strategy, several area-source
categories were listed for possible
regulation. Paint stripping area sources
was listed as one of those categories,
and this rulemaking will address
measures to control pollution from the
paint-stripping category.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4861;
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM07
2929. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of the promulgated rule. We will
correct errors in the compliance dates
for the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 4846;
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-2421
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM08
2930. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 82, subpart F
Legal Deadline: None
Abstract: This rulemaking will propose
changes and amendments to the
refrigerant leak repair regulations (40
CFR 82, subpart F) promulgated under
section 608 of the Clean Air Act. The
goal of the regulations is to protect the
stratospheric ozone layer by
promulgating regulations that reduce
the use and emissions of ozone-
depleting refrigerants to the lowest
achievable level. This proposal will
clarify the leak repair regulations by
requiring that owners and operators of
comfort cooling, commercial
refrigeration, and industrial process
refrigeration appliances that have
ozone-depleting charges greater than 50
pounds calculate leak rates, verify all
repairs, and document repair efforts.
This rulemaking will provide further
clarity by adding definitions and
discussing compliance scenarios.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/06
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4856;
URL For More Information:
www.epa.gov\ozone\title6\608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
2931. NESHAP: AREA SOURCE
STANDARDS—ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, Judicial, October 31, 2006,
Consent decree.
Final, Judicial, December 20, 2007,
Consent decree.
Abstract: The Clean Air Act requires
the EPA to list source categories that
contribute to the emissions of 30 listed
(or area source) HAPs, and that are, or
will be, subject to standards under
section 112 of the Act. Sterilization
processes use ethylene oxide which is
one of the 30 listed HAPs. Hospital
sterilization is a major source of
ethylene oxide relative to other area
source categories considered for listing.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 4859;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM14
2932. NESHAP: TOTAL FACILITY LOW
RISK DETERMINATION (TFLRD) FOR
RESIDUAL RISK
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(f) of the Clean
Air Act requires that we assess residual
risk remaining after MACT and develop
additional emission standards, as
necessary, to provide an ample margin
of safety and protect against adverse
environmental effects. Many facilities
have numerous MACT standards that
they are subject to. This action would
propose an alternative emissions
standard whereby a facility able to
make a facility-wide low-risk
determination could meet this
alternative standard instead of other
applicable residual risk standards.
Timetable:
Action
Date FR Cite
NPRM
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4848;
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epamail.epa.gov
David Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.david@epa.gov
RIN: 2060-AM22
2933. REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545 (c) & (k)
CFR Citation: 40 CFR 80
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23259
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Deadline: None
Abstract: This rule codifies existing
guidance for transmix processors and
blenders in the Reformulated Gasoline
regulations. Transmix is a mixture of
gasoline and distillate produced by
pipelines — transmix processors distill
the transmix into separate gasoline and
distillate products, and transmix
blenders blend small amounts of
transmix into gasoline. The rule also
establishes gasoline sulfur standards for
transmix processors and blenders that
are consistent with the sulfur standards
for other entities downstream of
refineries, such as pipelines and
terminals, in the gasoline distribution
system. The rule will provide
operational flexibility for transmix
processors and blenders without
causing any adverse environmental
impacts.
Timetable:
Action
Date FR Cite
NPRM
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4853;
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 343-9037
Fax: 240 363-8260
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
2934. NESHAP: SITE REMEDIATION:
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. This action will revise
language in the final rule to correct
errors or language that doesn't reflect
our intent. Specifically, we will revise
language specifying where the
concentration for remediation material
management units (RMMU) is
measured (i.e., from point of extraction
to point of treatment — as proposed
in the original rule). We will also
clarify that facilities with active
remediations can use the 1 Mg HAP
exemption if they qualify rather than
limit it to new remediations. We will
also clarify that facilities meeting
equipment leak standards for part 61
or other part 63 standards are exempt
from those similar provisions in 63
subpart GGGGG. Grammatical errors
and incorrect section references will be
corrected as well.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/06
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4866;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM30
2935. PREVENTION OF SIGNIFICANT
DETERIORATION FOR NITROGEN
OXIDES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 51; 40 CFR 52
Legal Deadline: NPRM, Judicial,
February 14, 2005, Proposal signed
02/14/2005: Published: 70 FR 8880,
02/23/2005. 60-day comment period,
ending 04/25/2005.
Final, Judicial, September 30, 2005,
Signature.
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration of air quality due to
emissions of nitrogen oxides. On
October 17, 1988, EPA promulgated
regulations which included maximum
allowable increases in ambient nitrogen
dioxide concentrations (NO2
increments) allowed in an area above
the baseline concentration. Following
promulgation, the Environmental
Defense (formerly the Environmental
Defense Fund) filed a petition asking
the Court to order EPA to remand the
regulations and to impose an
immediate deadline of 2 years for
promulgating new regulations. In 1990,
the Court did not impose a deadline
but remanded the case for EPA to
develop an interpretation of section 166
that considered the statutory provisions
contained in subsections (c) and (d),
and if necessary to take new evidence
and modify the regulations. In July
2003, Earthjustice, on behalf of
Environment Defense, asked the Court
to put EPA on an enforceable schedule
to issue new regulations under the
original court remand. Consequently,
EPA agreed to a 2-year schedule for
promulgating such regulations by
September 30, 2005. At a minimum, the
regulations will provide EPA's
interpretation of the statutory
requirements for developing adequate
increments to prevent significant
deterioration for nitrogen oxides. Based
on our interpretation, we will consider
the need for revising the existing
increments for nitrogen dioxide,
including both an annual and short-
term averaging period, and the
regulation of other nitrogen oxide
compounds other than nitrogen
dioxide. The supplemental notice of
proposed rulemaking provides further
explanation and additional technical
support for an option proposed under
the NO2 Increment Rulemaking (issued
at 70 FR 59582 on October 12, 2005).
This option would explain EPA's
position and propose that any State
subject to CAIR and opting into the
EPA-administered regional cap and
trade program under CAIR will satisfy
the requirements under section 166 of
the Act for prevention of significant
deterioration (PSD) of air quality for
NOx; thereby, enabling that State to
request EPA approval to exempt
sources from the NO2 increment
analysis under the PSD regulations.
Timetable:
Action
Date
FR Cite
NPRM 02/23/05 70 FR 8880
Final Action 10/12/05 70 FR 59582
Supplemental NPRM 11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4881;
EPA publication information: Final
Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-12/a20110.htm; ;
EPA Docket information:
http://www.epa.gov/edocket OAR-2004-
0013
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, DC
27711
Phone: 919 541-5593
Email: deroeck.dan@epamail.epa.gov
lessica Montanez, Environmental
Protection Agency, Air and Radiation,
C339-03, RTF, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AM33
2936. CONTROL OF EMISSIONS FROM
SPARK-IGNITION ENGINES AND
FUEL SYSTEMS FROM MARINE
VESSELS AND SMALL EQUIPMENT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7521 to
7601(a)
CFR Citation: 40 CFR 90
Legal Deadline: NPRM, Statutory,
December 1, 2004.
Final, Statutory, December 31, 2005.
Abstract: In this action, we are
proposing exhaust emission standards
for spark-ignition marine engines and
small land-based engines (<19 kW). We
are also proposing evaporative emission
standards for vessels and equipment
using these engines. Nationwide, these
emission sources contribute to ozone,
carbon monoxide (CO), and particulate
matter (PM) nonattainment. These
pollutants cause a range of adverse
health effects, especially in terms of
respiratory impairment and related
illnesses. The proposed standards
would help states achieve and maintain
air quality standards. In addition, these
standards would help reduce acute
exposure to CO, air toxics, and PM.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/06
09/00/07
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4882;
Agency Contact: Glenn Passavant,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734 214-1408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
2937. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. Both iron foundries and
steel foundries were listed as high
priority source categories via a toxicity-
weighting analysis. Extensive data
gathering and analyses were performed
during the development of MACT
standards for major iron and steel
foundries. The database that was
compiled is now being analyzed to
determine if additional information
gathering would be required. We intend
to consider both MACT and GACT as
control options for regulated emission
sources. Several HAPs have been
identified that may be present in air
emissions in significant enough
quantities to be of concern. The metal
HAPs emitted from melting furnaces
include cadmium, chromium, lead,
manganese, and nickel. Aromatic
organic HAPs produced by mold-and
core-making lines, melting furnaces,
and pouring, cooling and shakeout
(PCS) lines contain acetophenone,
benzene, cumene, dibenzofurans,
dioxins, naphthalene, phenol, pyrene,
toluene, and xylene. The nonaromatic
organic HAPs emitted are
formaldehyde, methanol, and
triethylamine. There are approximately
300 area source iron foundries in the
U.S., with about 75 percent being small
businesses. We estimate that 65 percent
of the area source iron foundries have
production under 10,000 tons per year.
There are approximately 200 area
source steel foundries in the U.S., with
about 70 percent being small
businesses. We estimate that 85 percent
of the area source steel foundries have
production under 10,000 tons per year.
A preliminary analytical blue print was
prepared in November 2004.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/07
03/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4879;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27709
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
2938. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
Legal Authority: Clean Air Act title V
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: EPA is conducting a flexible
permits rulemaking based on what it
has learned from its field experiences.
The term "flexible permit" is used to
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Proposed Rule Stage
describe air permits with conditions
designed to reduce the administrative
"friction"—costs, time, delay,
uncertainty, and risk—experienced by
sources and permitting authorities
when implementing a permit or making
changes under the permit. This is
typically accomplished by authorizing
a source to make certain types of
changes (e.g., additional equipment
and/or modifications to a source's
method of operation, equipment, raw
materials, emission factors, or
monitoring parameters) without
requiring further review and/or
approval provided the source meets
specific criteria outlined in its permit.
While the chosen solution will depend
on individual State permitting rules
and requirements, such techniques
typically include descriptions of
changes or categories of changes
authorized to occur under the approved
permit terms, one or more emissions
caps to safeguard NAAQS and/or to
assure certain requirements are not
applicable, procedures for testing
pollution control device performance
and updating emissions factors or
parameter values without requiring the
permit to be amended or re-opened,
streamlining of redundant requirements
by applying the most stringent
applicable requirement, and provisions
to encourage pollution prevention.
Flexible permitting has the potential to
benefit a wide variety of types of
facilities that are regulated under the
CAA's title V operating permits
program. Among the benefits flexible
permits are anticipated to provide are:
improved knowledge of a facility's
emissions for the entire site; improved
public understanding of a facility's
activities over an extended period of
time; increased certainty and flexibility
to make changes in response to the
market; and no less environmental
protection (i.e., often more occurs from
the use of emissions caps and the
increased use of pollution prevention
practices).
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
Agency Contact: Michael A. Trutna,
Environmental Protection Agency, Air
and Radiation, C304-03, Research
Triangle Park, NC 27709
Phone: 919 541-5345
Fax:919-541-4028
Email: trutna.mike@epa.gov
Anna Wood, Environmental Protection
Agency, Air and Radiation,
Washington, DC 20460
Phone: 202 564-1664
Email: wood.anna@epa.gov
RIN: 2060-AM45
2939. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR ARCHITECTURAL COATINGS —
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 59 Subpart
D
Legal Deadline: None
Abstract: This action would amend the
national volatile organic compound
emission standards for architectural
coatings by adding new coating
categories for certain coating
chemistries which did not exist when
the original rule was promulgated. We
are reviewing new data from one
architectural coating manufacturer and
after this review, we will determine if
these amendments are necessary.
Timetable:
Action
Date FR Cite
NPRM
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4905;
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AM47
2940. CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY:
NOTICE OF PROPOSED RULEMAKING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This action proposes to
establish a new lubricity quality
requirement for ultra low sulfur diesel
fuel used in diesel engines. This
requirement will seek to eliminate the
incidence of emissions non-compliance
due to premature wear of fuel injection
equipment caused by inadequate fuel
lubricity levels.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4899;
Agency Contact: Chris Laroo,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4937
Email: laroo.chris@epamail.epa.gov
RIN: 2060-AM48
2941. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
substitutes for CFG and HCFC
refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/06
07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4916;
URL For More Information:
www.epa.gov\ozone\title6\608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-1, Washington, DC 20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM49
2942. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area source categories
which account for 90 percent of the
emissions in urban areas of the 33
urban hazardous air pollutants (HAP)
listed in the Integrated Urban Air
Toxics Strategy. These area source
standards can require control levels
which are equivalent to either
maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4906;
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, C504-04, RTF, NC
27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM53
2943. PROTECTION OF THE
STRATOSPHERIC OZONE:
ALTERNATIVES FOR 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 will list two
new alternatives to ozone depleting
substances in the motor vehicle air
conditioning sector and outline the
conditions necessary for their safe use.
These new alternatives have better
energy efficiency and lower impacts on
the environment than currently
available systems. By approving these
systems under SNAP, EPA will provide
additional choices to the automotive
industry which, if adopted would
reduce the impact of motor vehicle air
conditioners on the global environment.
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
12/00/06
12/00/07
NPRM 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4918;
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AM54
2944. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending appendix
D to subpart F of 40 CFR 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
Final Action
07/00/06
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 4901;
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205-1, Washington, DC
20460
Phone: 202 343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
lulius Banks, Environmental Protection
Agency, Air and Radiation, 62051,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM55
2945. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000, -.
Abstract: There are approximately 93
small steel mills (minimills) that melt
steel scrap in 142 electric arc furnaces
(EAF). Minimills account for roughly
half of US steel production (50 million
tons per year). The scrap charged to
the furnace is the source of HAP
emissions. A major source of scrap is
recycled automobiles, which may
contain mercury switches, lead
components, oil, grease, plastics, and
other materials that can contribute to
HAP emissions. Pollutants of interest
for the EAF NESHAP are manganese,
lead, chromium, nickel, and mercury.
Timetable:
Action
Date FR Cite
NPRM
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4889;
; EPA Docket information: OAR-2004-
0083
Agency Contact: Bob Schell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-1116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
2946. NESHAP: GASOLINE
DISTRIBUTION STAGE I — AREA
SOURCE STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: NPRM, ludicial,
October 31, 2006, court ordered
deadline.
Final, ludicial, December 20, 2007,
court ordered deadline.
Abstract: The Clean Air Act (CAA)
includes two provisions—sections
112(c)(3) and 112(k)(3)(B)(ii)—that
instruct us to identify and list source
categories that contribute to the
emissions of the 30 "listed" (or area
source) Hazardous Air Pollutants
(HAP), and that are, or will be, subject
to standards under section 112 of the
CAA. EPA listed "Gasoline Distribution
Stage I" as a new area source category
in the Integrated Urban Strategy for
National Air Toxics Program Quly 19,
1999, 40 FR 38706). Further, we agreed
under a 2003 consent agreement to
propose a rule for this area source
category on or before October 31, 2006,
and promulgate a final rule by
December 20, 2007. No definitions are
published for "Gasoline Distribution
Stage I" area sources. However, Stage
I is generally understood to include
gasoline storage and transfer operations
as gasoline is moved from the
production refinery process units to
and including the gasoline station
storage tank. Stage II refers to the
vehicle refueling operation part of a
gasoline station and is regulated under
CAA sections 182(b)(3) and 202(a)(6).
These rules will cover area sources
within this source category. Area
sources emit or have a potential to emit
less than 10 tons per year of any single
HAP or less than 25 tons per year of
total HAP. The higher emitting sources
(major sources) in this industry are
already regulated (40 CFR 63, subpart
R) under CAA section 112 national
emission standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4907;
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epa.gov
RIN: 2060-AM74
2947. NESHAP: GENERAL
PROVISIONS—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
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM75
2948. STANDARDS OF
PERFORMANCE FOR STATIONARY
SPARK IGNITED INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act Section
111
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, ludicial, May
23, 2006, court ordered deadline.
Final, Judicial, December 20, 2007,
court ordered deadline.
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion spark ignited
engines. This includes two stroke lean
burn (2SLB) engines, four stroke lean
burn (4SLB) engines, and four stroke
rich burn (4SRB) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a litigated schedule to propose
by May 06 and to promulgate by
December 07. Information gathering
began in early April 04 and will result
in the development of regulatory
packages to propose and promulgate an
NSPS standard.
Timetable:
Action
Date FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4915;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AM81
2949. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAP) from surface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such state) or the National
Aeronautics and Space Administration
and the surface coating of military
munitions manufactured by or for the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such state).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently-promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking will
address all surface coating activities at
these installations which do not meet
the applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable:
Action
Date
FR Cite
NPRM 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM84
2950. NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
iron and steel foundries on April
22,2004. EPA was subsequently
petitioned by industry concerning
several issues. EPA has engaged in
negotiations with industry concerning
these issues and is issuing these
amendments to address the concerns.
The amendments clarify several
sections of the rule and provide clearer
and more consistent directions on
complying with the standards. The
amendments are being promulgated in
two groups, denoted by "1" and "2"
in the schedule below.
Timetable:
Action
Final Action 1
NPRM 2
Final Action 2
Date FR Cite
05/20/05 70 FR 29400
08/00/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23265
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4927;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM85
2951. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
technical issues, including the alleged
failure for EPA to establish emission
standards for mercury and asbestos.
EPA has decided to voluntarily remand
both the mercury and asbestos sections
of the rule. The motions for both
remands were granted by the United
States Court of Appeals.
Timetable:
Action
Date
FR Cite
NPRM 03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27709
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
2952. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NON-ATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR Parts 51 and 52
Legal Deadline: None
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
and Newmont Mining Corporation
("Newmont") that stated that the
December 31, 2002 (67 FR 80185) final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
is announcing their reconsideration of
this issue arising from our final rules
of December 31, 2002.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4940;
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
Pam Long, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-0641
Fax: 919 541-5509
Email: long.pam@epamail.epa.gov
RIN: 2060-AM91
2953. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l); 40
CFR 71.6(c)(l); 40 CFR 64
Legal Deadline: None
Abstract: This rule would revise the
Compliance Assurance Monitoring rule
(40 CFR part 64) to be implemented
through the operating permits rule (40
CFR Parts 70 and 71) to define when
periodic monitoring for monitoring
stationary source compliance must be
created, and to include specific criteria
that periodic monitoring must meet.
This rule satisfies our four-step strategy
announced in the final Umbrella
Monitoring Rule (published January 22,
2004) to address monitoring
inadequacies. The four steps were: 1)
to clarify the role of title V permits in
monitoring [Umbrella Monitoring Rule];
2) to provide guidance for improved
monitoring in PM-Fine SIP's; 3) to take
comment on correction of inadequate
monitoring provisions in underlying
rules; and 4) to provide guidance on
periodic monitoring. We have
completed the RIA data collection and
most of the analyses, but have not yet
completed the internal review?. We are
drafting RIA text with a goal of
completion by January 2006.
Timetable:
Action
Date FR Cite
NPRM
08/00/06
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, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Robin Langdon, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, NW,
Washington, DC 20460
Phone: 919 541-4048
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23266
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
2954. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
2955. RESPONSE TO PETITION OF
RECONSIDERATION FOR FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
CFR Citation: 40 CFR 63 subpart IIII Legal Deadline: None
Legal Deadline: None
Abstract: This action will amend the
final National Emission Standard for
Hazardous Air Pollutants for the
surface coating of automobiles and
light-duty trucks. These amendments
will clarify the interaction between this
rule and the NESHAP for surface
coating of plastic parts and products.
These amendments also will improve
the rule by clarifying specific
provisions and correcting errors in the
original printing of the final rule and
announce the availability of a revised
version of the Protocol for Determining
the Daily Volatile Organic Compound
Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations. The
original final rule was published in the
Federal Register on April 26, 2004. (69
FR 22602). The rule affects the surface
coating of automobile and light-duty
truck bodies and body parts for use in
new vehicles at facilities that are major
sources of hazardous air pollutants.
Timetable:
Action
Date FR Cite
NPRM
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4958;
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Elaine Mannnig, Environmental
Protection Agency, Air and Radiation,
C539-03, Washington, DC 20460
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AN10
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
Date
FR Cite
NPRM 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4960;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Winifred Okoye, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5446
Email: okoye.winifred@epa.gov
RIN: 2060-AN12
2956. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC. 2001 to 2003;
15 USC 2005 to 2006; 15 USC 2013
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: The Energy Policy and
Conservation Act of 1974 requires EPA
to establish regulations that require
auto manufacturers to display fuel
economy estimates on a label for each
new vehicle. EPA also has authority to
prescribe the test procedures used to
calculate these fuel economy estimates.
These estimates allow consumers to
compare the fuel economy of different
vehicles. Current window stickers have
two fuel economy estimates, "City" and
"Highway." While actual driving
conditions will cause variations from
the EPA estimates, consumers should
expect to achieve fuel economy that is
reasonably close to those estimates.
Since EPA last revised the methods for
measuring fuel economy (1985), many
conditions have changed—speed limits
are higher, congestion has increased,
and more vehicles are equipped with
power-hungry accessories, like air
conditioning. All of these factors will
impact a vehicle's actual fuel economy.
Some of these factors—aggressive and
high-speed driving and air conditioner
use in particular—have been addressed
in EPA emission test procedures. In the
past few years, there has been a
growing awareness by consumers
indicating that they are experiencing
lower actual fuel economy than the
EPA estimates. EPA has examined of
many factors that are not currently
accounted for in our fuel economy
estimates. EPA's initial analyses
indicate that the fuel economy label
estimates are overestimated, perhaps
significantly for some vehicles. This
action will provide consumers with
more accurate and credible information
regarding the comparative fuel
economy of vehicles. This action will
amend the way in which fuel economy
estimates are calculated, primarily by
incorporating the fuel economy results
from additional vehicle tests performed
today for emissions compliance
purposes. It will also propose changes
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23267
EPA—Clean Air Act (CAA)
Proposed Rule Stage
to how the fuel economy estimates and
other related information are presented
to consumers on the vehicle window
sticker label. The changes in this action
will not impact the Corporate Average
Fuel Economy requirements.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/01/06 71 FR5425
04/03/06
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4962;
; EPA Docket information: EPA-HQ-
OAR-2005-0169
Agency Contact: Roberts French,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4380
Email: french.roberts@epamail.epa.gov
Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD,
Washington, DC 48105
Phone: 734 214-4781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AN14
2957. REVISIONS TO THE
CONTINUOUS EMISSIONS
MONITORING RULE FOR THE ACID
RAIN PROGRAM AND THE NOX
BUDGET TRADING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 75 (Revision)
Legal Deadline: None
Abstract: This rule would modify the
existing requirements for sources
affected by the Acid Rain Program, and
the NOx Budget Trading Program. The
Acid Rain Continuous Emission
Monitoring (GEM) rule would be
revised to improve implementation by
making improvements to the
monitoring and reporting process that
will benefit both EPA and the facilities
affected by the rule. These amendments
will have no environmental impacts,
and are expected to reduce the ongoing
costs and burden associated with
reporting emissions under the current
rule by instituting a revised reporting
procedure that will reduce the
redundancy that currently exists with
the existing procedures. Specifically, as
part of its reengineering efforts, EPA is
replacing the existing record type
dependant reporting format to an XML
data reporting format that takes
advantage of technological advances in
data management. This fundamental
change is expected to reduce the costs
of programming data collection systems
at the affected facilities and should
provide EPA with the flexibility to
better adapt its systems to unique data
configurations, which are not currently
easily (or properly) adaptable by the
current reporting structure. EPA
expects to reduce the cost and burden
associated with resubmittals of data
reports due to errors identified after the
submittals are made. This action also
attempts to clarify, simplify, and
enhance certain sections in the GEM
rule to make it easier for sources to
understand and comply with the
regulation. Examples include: providing
a mechanism for a source to utilize the
concept of long-term cold storage;
clarifying that only one monitoring
methodology should be specified at any
time; and modifying the quality
assurance timing requirements for
ozone season only reporters. These
amendments need to be finalized prior
to the planned implementation date of
January 1, 2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4969;
Agency Contact: Matthew Boze,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: boze.matthew@epamail.epa.gov
Beth Murray, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: murray.beth@epamail.epa.gov
RIN: 2060-AN16
2958. NESHAP: AUTOBODY
REFINISHING—AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: These standards are being
developed under the Clean Air Act,
section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP or 25 tons/year of all
HAP. As part of that strategy, several
area-source categories were listed for
regulation. Autobody Refinishing was
listed as one of those categories, and
these standards will establish
requirements to control pollution from
facilities engaged in autobody
refinishing. Autobody refinishing
facilities are known to emit benzene,
cadmium compounds, chromium
compounds, lead compounds,
manganese compounds, and nickel
compounds. In 2004, EPA promulgated
national emission standards for
hazardous air pollutants (NESHAP) for
major sources engaged in the surface
coating of assembled on-road vehicles
as a subcategory of the plastic parts and
products NESHAP.
Timetable:
Action
Date FR Cite
NPRM
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4978;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN21
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23268
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2959. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, luly
18, 2002, CAA Amendments of 1977.
NPRM, ludicial, March 28, 2007,
Consent Decree.
Final, ludicial, December 19, 2007,
Consent Decree.
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review and, if necessary, revise national
ambient air quality standards (NAAQS)
periodically. On luly 18, 1997, the EPA
published a final rule revising the
NAAQS for ozone. The primary and
secondary NAAQS were strengthened
to provide increased protection against
both health and environmental effects
of ozone. The EPA's work
plan/schedule for the next review? of
the ozone Criteria Document was
published on November 2002. The first
external review draft Criteria
Document, a rigorous assessment of
relevant scientific information, was
released on lanuary 31, 2005. The
EPA's Office of Air Quality Planning
and Standards will prepare a Staff
Paper for the Administrator, which will
evaluate the policy implications of the
key studies and scientific information
contained in the Criteria Document and
additional technical analyses, and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The Criteria
Document and Staff Paper will be
reviewed by the Clean Air Scientific
Advisory Committee and the public,
and both final documents will reflect
the input received through these
reviews. As the ozone NAAQS review
is completed, the Administrator's
proposal to reaffirm or revise the ozone
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Timetable:
Action
Date
FR Cite
Notice
NPRM
Final Action
12/29/05 70 FR 77155
03/00/07
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5008;
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, C 539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN24
2960. PREVENTION OF SIGNIFICANT
DETERIORATION, NONATTAINMENT
NEW SOURCE REVIEW, AND NEW
SOURCE PERFORMANCE
STANDARDS: EMISSIONS TEST FOR
ELECTRIC GENERATING UNITS
Priority: Other Significant
Legal Authority: Clean Air Act, title I
parts C and D and sec lll(a)(4)
CFR Citation: 40 CFR 51; 40 CFR 52
Legal Deadline: None
Abstract: This rulemaking would create
a revised emissions test for existing
electric generating units (EGUs) that are
subject to the regulations governing the
Prevention of Significant Deterioration
(PSD) and nonattainment major New
Source Review (NSR) programs
mandated by parts C and D of title I
of the Clean Air Act (CAA). This
revised emissions test would be
available for EGUs that are also subject
to the EPA-administered Clean Air
Interstate Rule (CAIR) NOx Annual
Trading Program or the CAIR SO2
Trading Program. This emissions test
could be extended to other CAIR and
non-CAIR EGUs. For existing major
stationary sources, the NSR base
program emissions test is applied when
the source proposes to modify an
emissions unit such that the change is
a physical change or change in the
method of operation, and the test
compares actual emissions to either
potential emissions or projected actual
emissions. Under this rulemaking's
revised NSR emissions test (a
maximum hourly test like that used in
the NSPS program), we would compare
the EGU's maximum hourly emissions
(considering controls) before the change
for the past 5 years to the maximum
hourly emissions after the change.
Other options for the revised emissions
test include a maximum achieved
hourly emissions test and an output
based emissions test, such as
Ib/MWh.The supplemental notice will
include proposed regulatory language
for the three options. The supplemental
notice will also include data,
information, and analyses concerning
the impacts of the proposed options.
Timetable:
Action
Date FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 06/00/06
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4794.2; Split from RIN 2060-AM95.
URL For More Information:
www. epa.gov/nsr
Agency Contact: lanet McDonald,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
20460
Phone: 919 541-1450
Fax: 919 541-5509
Email: mcdonald.janet@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Washington, DC 20460
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN28
2961. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23269
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Substitutes which
are deemed by EPA to be unacceptable
or acceptable subject to use restrictions
must go through notice and comment
rulemaking. Substitute lists are updated
intermittently depending on the volume
of notifications. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
extinguishing systems, EPA is revising
its listing of carbon dioxide as an
acceptable total flooding substitute for
ozone-depleting halons to acceptable
subject to narrowed use limits. Use
would be limited to unoccupied areas
where personnel could not be exposed
to lethal concentration of the agent.
Recent changes to national fire
protection industry standards reflect
need to improve personnel safety
requirements for carbon dioxide
systems by limiting its applications.
Carbon dioxide total flooding fire
extinguishing systems are used in some
industrial applications such as
automobile paint rooms and in marine
applications such as machinery spaces.
Restricted use limits on carbon dioxide
total flooding systems supports the use
of substitutes that are not potentially
lethal to personnel that could be
exposed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4991;
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AN30
2962. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: POLYVINYL CHLORIDE
AND COPOLYMERS PRODUCTION,
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210-17
Legal Deadline: None
Abstract: This action would amend the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958) and
originally promulgated on July 10, 2002
(67 FR 45886) but were vacated by the
D.C. Circuit on June 18, 2004 in
Mossville Environmental Action v.
EPA, 370 F.3d 1232 (D.C.Cir. 2004).
This action assures continuity of the
parts of the standard that were upheld
by the court, and addresses the
component of these standards,
regarding the use of vinyl chloride as
a surrogate for all other HAP, that was
not upheld by the court.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
; EPA Docket information: OAR-2002-
0037
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-3470
Email: Johnson.warren@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN33
2963. 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 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1; Split from RIN 2060-AM30.;
EPA Docket information: OAR-2002-
0021
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN36
2964. NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act section
112
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23270
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006.
Abstract: Amendment in response to
Petition for Reconsideration of the final
rule. It will address control of air
emissions from wastewater at OLD
facilities. The petitioner who requested
that wastewater be controlled was the
Prince William Sound Regional
Citizens' Advisory Council
(PWSRCAC). The facility of concern for
PWSRCAC is the Valdez Marine
terminal operated by the Alyeska trans
Alaska pipeline company. Their
specific concern is the ballast water
treatment facility. Both Alyeska and
PWSRCAC have been testing at the
Marine terminal to determine the
functionality of the existing system.
This amendment will also deal with
wastewater emissions from tank draw
downs and maintenance which occur
at Valdez and other OLD facilities.
Timetable:
Action
Date
FR Cite
NPRM 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4910.1; Split from RIN 2060-AM77.
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-2421
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN37
2965. FEDERAL PLAN
REQUIREMENTS FOR OTHER SOLID
WASTE INCINERATION UNITS
CONSTRUCTED ON OR BEFORE
DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA Sections 129 and
lll(d)
CFR Citation: 40 CFR Part 62 (New)
Legal Deadline: Final, Statutory,
December 16, 2007, Section 129(b)(3) of
CAA - 2 Years after promulgation of
underlying emission guidelines is
deadline for this action.
Other, Statutory, December 16, 2008,
Section 129(e)(l) of CAA - 3 Years after
promulgation of underlying emission
guidelines is Hammer Date for Permit
Applications.
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines under
sections 111 and 129 for existing
incinerators categorized as other solid
waste incinerators (OSWI), a catch-all
grouping for those classes of
incinerators not directly named in the
Act. Under court order, EPA published
proposed regulations for OSWI on
December 9, 2004. Final regulations for
OSWI were published on December 16,
2005. In accordance with section 129,
any State with affected sources must
submit a State plan by 1 year after
publication of the final rule describing
how the State will implement the
emission guidelines for existing CISWI.
Section 129 also requires the
Administrator to develop and
implement a Federal plan for existing
CISWI units located in any State which
has not submitted an approvable plan
within 2 years of promulgation of the
emissions guidelines. In this OSWI
Federal plan rulemaking, EPA becomes
the implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the December
2005 rule, and is intended to fulfill
EPA's duty under section 129(b)(3) to
promulgate a Federal plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal plan will no longer apply to
units in that State.
Timetable:
Action
Date
FR Cite
NPRM 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5011;
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Research Triangle Park, NC 27709
Phone: 919 541-5396
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AN43
2966. PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT USED
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE U.S.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This regulation will
streamline the process for importing
used ozone-depleting substances for
destruction in the U.S. This will further
reduce the amount of substances that
could otherwise harm the ozone layer.
Timetable:
Action
Date
FR Cite
NPRM 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5017;
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9556
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN48
2967. ACTION ON PETITION TO LIST
DIESEL EXHAUST AS A HAZARDOUS
AIR POLLUTANT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23271
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
February 11, 2005.
NPRM, ludicial, lune 12, 2006,
tentative deadline for proposal, under
negotiation.
Final, ludicial, May 1, 2007, tentative,
under negotiation.
Abstract: EPA received a petition from
Environmental Defense to list Diesel
Exhaust as a Hazardous Air Pollutant
(HAP). Upon initially reviewing the
petition, we have decided the petition
needs to be reviewed and evaluated by
a Workgroup to make a final
determination on how to proceed. After
technical evaluation, the workgroup
will recommend to grant or deny the
petition. Our current negotiated court
ordered deadlines are to propose to list
or issue notification of denial by lune
12, 2006 with final action by May 1,
2007.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5020;
; EPA Docket information: EPA-HQ-
OAR-2005-0489
Agency Contact: Anne Rea,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0840
Email: rea.anne@epamail.epa.gov
Scott lenkins, Environmental Protection
Agency, Air and Radiation, C404-01,
Research Triangle Park, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epamail.epa.gov
RIN: 2060-AN49
2968. • PROTECTION OF
STRATOSPHERIC OZONE: 2007
CRITICAL USE EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: sec 604 of the CAA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will include
the solicitation of comments on uses
of methyl bromide which the Agency
believes meet the criteria for the critical
use exemption for the year 2007, and
will allocate such exemptions.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5051,
FDMS Docket Number EPA-HQ-OAR-
2005-0538
URL For More Information:
www.epa.gov/ozone/mbr
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Marta Montoro, Environmental
Protection Agency, Air and Radiation,
6205 1, Washington, DC 20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AN54
2969. • PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
THE IMPORT OF PRE-CHARGED
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414, 7601,
7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the potential continued imports of
HCFC pre-charged products after the
phaseout of production and importation
of bulk substances. Similar concerns
resulted in the banning the imports of
CFC pre-charged refrigeration products
after the 1996 phaseout of production
and import of bulk substances.
Therefore, EPA intends to propose
regulations banning the imports of
HCFC pre-charged products under the
provisions within title VI of CAAA.
Action
Date
FR Cite
NPRM
Final Action
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5052;
URL For More Information:
www.epa.gov\ozone\title6
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AN58
2970. • TRANSITION TO NEW OR
REVISED PARTICULATE MATTER
(PM) NAAQS)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: Other, Statutory,
lanuary 31, 2006, The 12/20/05 PM
NAAQS says we will issue this ANPR
by the end of lanuary 2006.
Abstract: In 1997, EPA promulgated
revised National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). EPA proposed
revisions to the National Ambient Air
Quality Standards for particle pollution
(NAAQS) on December 20, 2005. The
purpose of the ANPR is to assure
stakeholders that EPA is aware of and
is considering the multiple issues
associated with implementing any
revised PM fine standards, and possible
new PM coarse standards that may
result from the December proposal.
This ANPR should also provide an
opportunity for the public to provide
input on the best way to implement
these actions. The ANPR will be
followed with a proposal possibly by
September 2006.
Timetable:
Action
Date
FR Cite
ANPRM 02/09/06 71 FR 6718
NPRM 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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23272
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-09/al798.htm;
Split from RIN 2060-AK74.
Agency Contact: Barbara Driscoll,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919 541-3310
Fax: 919 541-1051
Email: driscoll.barbara@epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
Email: paisie.joe@epa.gov
RIN: 2060-AN59
2971. • PM2.5 DE MINIMIS EMISSION
LEVELS FOR GENERAL CONFORMITY
APPLICABILITY
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: General Conformity (GC)
requirements become effective for
Federal actions in PM2.5 nonattainment
areas with start actions dates after April
5, 2006. In the GC Regulations EPA set
de minimis emission levels for criteria
pollutants where Federal actions with
emissions below the de minimis levels
are presumed to conform to State
Implementation Plans (or applicable
emission budgets). Actions that are
presumed to conform do not have to
make conformity determinations. EPA
anticipated publishing de minimis
levels for the new PM2.5 standard in
its revisions to the GC rule or in the
PM2.5 Implementation Rule (whichever
would be published earlier). These
rules have not been promulgated yet
and do not appear they will be
finalized before GC requirements
become effective in PM2.5 designated
nonattainment areas in April 2006. At
that time, Federal agencies will be in
a position of having to perform
applicability analysis without the
benefit of published de minimis
thresholds. This means all actions
(unless currently listed as exempt)
taken by a Federal agency in a PM2.5
nonattainment area will need to do a
conformity determination (including
mitigation and offsets if needed) before
they can start the action — even those
with zero or very low levels of
emissions. To address this issue, we
would like to propose and finalize a
separate rulemaking on a faster track
to set PM2.5 de minimis levels by April
2006. The substance of this separate
rulemaking has already undergone
workgroup consideration and will
undergo final agency review (FAR) as
part of the proposal for General
Conformity rule revisions. This separate
rule would essentially pull the
language from the GC revision that will
be proposed soon.
Timetable:
Action
Date FR Cite
NPRM
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5042;
Agency Contact: Tom Coda,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AN60
2972. • NESHAP FOR
MISCELLANEOUS COATING
MANUFACTURING; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The existing rule for this
source category was published on
December 11, 2003. These proposed
amendments would further clarify
applicability for coating manufacturing
vs chemical manufacturing. The
amendments would also propose
extending the compliance date for
certain coating manufacturing
equipment.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4890.1; Split from RIN 2060-AM72.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN61
2973. • NESHAP: AREA SOURCE
STANDARDS—RECIPROCATING
INTERNAL COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006, consent decree.
Final, Judicial, December 20, 2007,
consent decree.
Abstract: We are under a consent
decree to propose area-source emission
standards for hazardous air pollutants
(HAP) from stationary reciprocating
internal combustion engines. This
action will propose standards for
stationary engines smaller than 500
horsepower located at major sources of
HAP. In addition we intend to propose
standards for stationary engines of all
sizes located at area sources of HAP.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
12/00/07
NPRM
Final Action
05/00/06
11/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5014;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23273
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN62
2974. • REVISIONS TO THE
DEFINITION OF POTENTIAL TO EMIT
(PTE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401, 7412,
7414, 7416, and 7601
CFR Citation: 40 CFR 51, 52, 63, 70,
71
Legal Deadline: None
Abstract: EPA proposes to clarify the
definition of 'potential to emit' (PTE)
for several CAA programs that
implement requirements for major
sources. To that end, EPA proposes to
revise the PTE definition, for several
CAA programs to explain the types of
limits that are effective in restricting a
source's PTE regulated pollutants.
EPA's requirement that PTE limits must
be federally enforceable to be
considered effective in restricting PTE
is at issue as a result of three court
decisions. EPA's proposal will address
this requirement.
Timetable:
Action
Date
FR Cite
NPRM 07/00/06
Final Action 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5025;
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C304-04, RTF, NC
27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Michael Ling, Environmental Protection
Agency, Air and Radiation, C304-03,
RTF, NC 27711
Phone: 919 541-4729
Fax: 919 541-0804
Email: ling.michael@epamail.epa.gov
RIN: 2060-AN65
2975. • CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
SAFETEA-LU HOV FACILITIES RULE
Priority: Substantive, Nonsignificant
Legal Authority: 23 USC 1121
CFR Citation: 40 CFR 86
Legal Deadline: Final, Statutory,
February 6, 2006, Language from
Congress requires a final regulatory
action by February 6, 2006.
Abstract: It is the sense of Congress
to encourage the purchase and use of
hybrid and other fuel efficient vehicles,
which have been proven to minimize
air emissions and decrease
consumption of fossil fuels. This
regulation establishes the criteria for
certifying a vehicle as low emitting and
energy-efficient. State HOV programs
will reference this regulation in their
request to Federal Highway
Administration for exceptions to the 2-
person minimum occupancy HOV
requirement. These regulations are
optional for states to implement and
will sunset in 2009.
Timetable:
Action
Date
FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
Agency Contact: Julia Rege,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-1614
Email: rege.julia@epamail.epa.gov
Tandi Bagian, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, NW, Washington,
DC 48105
Phone: 734 214-1901
Email: bagian.tandi@epamail.epa.gov
RIN: 2060-AN68
2976. • NATIONAL VOLATILE
ORGANIC COMPOUND EMISSION
STANDARDS FOR AEROSOL
COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59 subpart E
Legal Deadline: None
Abstract: Under section 183(e) of the
Clean Air Act, the EPA is required to
list and schedule for regulation those
categories of consumer or commercial
products that account for at least 80
percent of volatile organic compound
(VOC) emissions, on a reactivity
adjusted basis, in areas that violate the
National Ambient Air Quality Standard
for ozone. This rule is intended to meet
that requirement for the aerosol spray
paint category listed on March 23,
1995. This national regulation will
establish a uniform reactivity-based
standard for aerosol spray paints
modeled after the California Air
Resource Board (GARB) Regulation for
Reducing the Ozone Formed from
Aerosol Coating Product Emissions.
EPA granted final approval of the
revisions to the California State
Implementation Plan containing this
regulation on September 13, 2005.
Although mass-based VOC reductions
have been made in the aerosol coating
category, this reactivity-based approach
will achieve additional reductions in
ozone formation where further mass-
based reductions have proven to be
technologically infeasible. This national
rule is projected to better control a
product's contribution to ozone
formation by encouraging reductions of
higher reactivity VOCs, rather than
treating all VOCs in a product alike
through a mass-based approach.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/06
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5030;
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-0072
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23274
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: moore.bruce@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN69
2977. • NEW SOURCE
PERFORMANCE STANDARDS (NSPS):
EQUIPMENT LEAKS—SUBPARTS VV
&GGG
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Statutory,
October 31, 2006.
Final, Statutory, October 31, 2007.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act requires EPA to review?
new source performance standards at
least every 8 years. Under this project,
we will review and, if appropriate,
revise the new source performance
standards for equipment leaks (subparts
VV and GGG in part 60). Equipment
leaks are defined as leaks from valves,
pumps, compressors, sampling
connections, open-ended lines, and
pressure relief valves at SOCMI sources
(subpart VV) and oil refineries (subpart
GGG). We will determine if actual
emission reductions currently being
achieved due to other programs are
greater than the requirements in the
current NSPS standards, and whether
the current NSPS standards should be
revised.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/06
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5035;
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, NC
27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27709
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN71
2978. • DEFECT REPORTING FOR
ON-HIGHWAY MOTOR VEHICLES
AND ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA regulations require
manufacturers to report defects of
emissions-related equipment or
emissions control systems of on-
highway motor vehicles and heavy-duty
engines. Under the current regulations
a defect report is required when a
manufacturer determines that the same
defect has occurred in 25 or more
vehicles or engines. This is an
unreasonably small threshold for large
engine families/test groups. This action
would create new thresholds that
would depend upon the size of the
engine family/test group. It would also
obligate manufacturers to conduct
investigations under certain
circumstances to determine if an
emission-related defect is present. The
investigations would be triggered by
warranty information, parts shipments,
and any other information which may
be available to indicate need for an
investigation.
Timetable:
Action
Date
FR Cite
NPRM 01/00/07
Final Action 01/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5043;
Agency Contact: Christine
Mikolajczyk, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
48105
Phone: 734 214-1403
Email:
mikolajczyk.christine@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 48105
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AN73
2979. • INTERPRETIVE RULEMAKING
TO CLARIFY THE SCOPE OF
CERTAIN MONITORING
REQUIREMENTS FOR FEDERAL AND
STATE OPERATING PERMITS
PROGRAMS
Priority: Other Significant
Legal Authority: Clean Air Act title V
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this action is
to request comments on a proposed
interpretation of certain existing
regulatory language relative to the need
to address the sufficiency of existing
monitoring requirements included in
State and Federal operating permits
programs developed under title V of the
Clean Air Act (Act). Specifically, our
proposed interpretation is that sections
70.6(c)(l) and 71.6(c)(l) of 40 CFR parts
70 and 71 (previously referred to as the
Umbrella Monitoring Rule) do not
provide a basis for assessing the
adequacy of or adding monitoring
requirements to operating permits,
independent of such monitoring
required under existing Federal air
pollution control rules and State
implementation plan (SIP) rules (i.e.,
monitoring required under applicable
requirements), including monitoring
required under the part 64 (the
compliance assurance monitoring or
CAM, rule) where it applies, and such
monitoring as may be required to fill
gaps under the separate periodic
monitoring requirements of the
operating permits rules. We also
formally withdraw a September 17,
2002, proposal to revise these
paragraphs in parts 70 and 71.
Timetable:
Action
Date
FR Cite
NPRM 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5044;
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23275
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
C330-02, Research Triangle Park, NC
27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AN74
2980. • REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF COMPOUNDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA
CFR Citation: 40 CFR 51.100
Legal Deadline: None
Abstract: The EPA is proposing to add
four compounds (benzotrifluoride,
dimethyl succinate, propylene
carbonate, and dimethyl carbonate) to
the list of negligibly reactive
compounds in EPA's definition of VOC.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5045;
Agency Contact: William Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, DC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Email: keating.terry@epa.gov
RIN: 2060-AN75
2981. • RENEWABLE FUELS
STANDARD RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: PL 109-58
CFR Citation: 40 CFR 80.1101
Legal Deadline: Final, Statutory,
August 6, 2006, The Energy Policy Act
of 2005 requires that EPA promulgate
RFS regulations by 08/06/2006.
Abstract: The Energy Policy Act of
2005 (the "Act"), signed into law on
August 8, 2005, requires EPA to
promulgate regulations implementing
the Renewable Fuels Standard (RFS)
within one year of enactment. The RFS
requires specific volumes of renewable
fuel to be in gasoline sold in the U.S.
starting with 4.0 billion gal/yr in 2006
up to 7.5 billion gal/yr in 2012. The
Act provides that if EPA fails to
promulgate regulations within one year,
then a default value of 2.78%
renewable fuel in gasoline will be in
effect for 2006. We recently
promulgated a rule ( "Renewable Fuel
Standards Requirements for 2006", 70
FR 77325, 12/30/05) to implement the
default standard. The Agency must
complete its obligation under the Act
by promulgating a rule that implements
the RFS for years 2007 and beyond.
Such rule must establish how the
renewable fuel standard is defined and
calculated, what parties are liable, and
how compliance with the standard is
to be determined. In addition, the rule
must establish a system by which
renewable fuel credits can be generated,
and traded/sold between parties. This
statutory provision is subject to
multiple interpretations of key terms.
The "Renewable Fuel Standard
Requirements for 2006" that we
promulgated on 12/30/05 interprets the
default provision so that it can be
implemented with certainty in the
event EPA fails to promulgate the RFS
within one year of enactment. It
provides for refiners, importers and
blenders to meet the 2.78%
requirement collectively, rather than on
an individual basis. Since our
projections show that this value is
highly likely to be met in 2006 under
planned practices of the refining
industry, we do not anticipate any
impacts on the industry in general, nor
any on small businesses. It will have
no effect on State, local or tribal
governments.
Timetable:
Action
Date
FR Cite
NPRM 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5048;
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20005
Phone: 202 343-9028
Fax: 202 343-2802
Email: garelick.barry@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 48104
Phone: 734 214-4507
Fax: 734 214-4050
Email:
korotney.david@epamail.epa.gov;
RIN: 2060-AN76
2982. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SEMICONDUCTOR
MANUFACTURING: AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA title III
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The promulgated National
Emission Standards for Hazardous Air
Pollutants for Semiconductor
Manufacturing included process vent
requirements for inorganic HAP streams
or inorganic process HAP streams.
However, a small minority of process
vents in the industry contain emission
streams that combine inorganic and
organic HAPs. The purpose of this
amendment is to add a definition for
mixed stream process vents in order to
clarify the rule requirements and avoid
the confusion caused by the current
rule. These amendments will not add
additional burden or cost to the rule.
Timetable:
Action
Date
FR Cite
NPRM 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5055;
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
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23276
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C504-04, RTF, NC
27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AN80
2983. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2007
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: OAR is seeking to allocate
essential use allowances for import and
production of class I stratospheric
ozone depleting substances for calendar
2007. Essential allowances enable a
person to obtain newly produced or
imported controlled class I ODS under
the essential exemption to the
regulatory phaseout of these
chemical.which became effective on
January 1, 1996. Essential uses include
the manufacture of important medical
devices such as asthma inhalers.
Timetable:
Action
Date
FR Cite
NPRM 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5056;
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 565-2079
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN81
2984. • TRANSPORTATION
CONFORMITY RULE AMENDMENTS
TO IMPLEMENT PROVISIONS
CONTAINED IN THE 2005
TRANSPORTATION BILL
(SAFETEA-LU)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7506
CFR Citation: 40 CFR 93; 40 CFR
51.390
Legal Deadline: Final, Statutory,
August 9, 2007, SAFETEA-LU requires
that EPA revise the transportation
conformity rule to address the statutory
provisions.
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a State's plan for achieving the
air quality standards. These
amendments to the rule are necessary
as a result of the changes to the Clean
Air Act's transportation conformity
provisions as mandated by the recent
transportation bill, SAFETEA-LU.
SAFETEA-LU revised a number of
aspects of the Clean Air Act's
transportation conformity provisions
including: l)Providing an additional 6
months to re-determine conformity after
new State implementation plan (SIP)
motor vehicle emissions budgets are
either found adequate, approved or
promulgated; 2)changing the frequency
requirements for transportation
conformity determinations; 3)providing
an option for reducing the time period
covered by conformity determinations;
4)providing procedures for areas to use
in substituting or adding transportation
control measures (TCMs) to approved
SIPs; 5)adding a 1-year grace period for
conformity lapses; and 6)streamlining
requirements for conformity SIPs.
Timetable:
Action
Date FR Cite
NPRM 12/00/06
Final Action 08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5057;
Agency Contact: Rudolph Kapichak,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, Washington, DC 48105
Phone: 734 214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW, Washington,
DC 48105
Phone: 734 214-4858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN82
2985. • REVISIONS TO STANDARDS
OF PERFORMANCE FOR NEW
STATIONARY SOURCES, NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS, &
NESHAP FOR SOURCE CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR Part 60, 61, 63
Legal Deadline: None
Abstract: The proposed rule will
extend the time period required for
source owners and operators to conduct
initial performance tests in response to
force majeures. A force majeure is
defined as an event caused by
circumstances beyond the control of the
affected facility, its contractors, or any
entity controlled by the affected facility
that results in not meeting the
regulatory requirement to conduct
performance tests within the specified
timeframe despite the affected facility's
best efforts to fulfill the obligation.
Examples of such events are acts of
nature, acts of war or terrorism, or
equipment failure or safety hazard
beyond the control of the affected
facilty.
We recognize that there may be
circumstances beyond a source owner's
or operator's control that could cause
a performance test deadline to be
missed and that we must provide a
mechanism for consideration of these
circumstances and granting of
extensions where warranted. Under
current rules, a source owner or
operator who is unable to comply with
testing requirements within the allotted
timeframe due to a force majeure is
regarded as being in violation and
subject to enforcement action. As a
matter of policy, EPA has exercised
enforcement discretion to avoid finding
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23277
EPA—Clean Air Act (CAA)
Proposed Rule Stage
such sources in violation. However,
because these failures result in
circumstances beyond the control of the
source owner or operator, we believe
that a more reasonable approach is to
provide an opportunity to such owners
and operators to make good faith
demonstrations and obtain extensions
of the performance testing deadline in
appropriate circumstances.
EPA's plans to address this issue were
noted in the final Clean Air Action
National Stack Testing Guidance issued
by EPA on September 30, 2005. The
following footnote was included in this
guidance document. "The Agency
believes that it has the authority under
law to allow extensions and plans to
conduct notice and comment
rulemaking regarding appropriate
circumstances in which an extension of
initial performance test deadlines may
be allowed by regulation."
Timetable:
Action
Date FR Cite
NPRM
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5061;
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C304-02, Washington,
DC 20460
Phone: 919 541-2910
Fax: 919 541-1039
Email: melton.lula@epa.gov
RIN: 2060-AN84
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
2986. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 740l(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/22/93 58 FR 61640
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919 541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AF83
2987. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/08/97 62 FR 64532
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900;
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AG88
2988. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: In 1997, EPA promulgated
National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). EPA designations of 39
nonattainment areas for the PM2.5
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
standards became effective on April 5,
2005. The Clean Air Fine Particle
Implementation Rule, which was
proposed in the Federal Register on
November 1, 2005, includes
requirements and guidance for State
and local air pollution agencies to
follow in developing State
implementation plans (SIPs) designed
to bring areas into attainment with the
1997 standards. These SIP development
activities include technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5 levels,
and the adoption of regulations as
needed in order to attain the standards.
Estimates show that compliance with
the standards will prevent thousands of
premature deaths from heart and lung
disease, tens of thousands of hospital
admissions and emergency room visits,
and millions of absences from school
and work every year.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/01/05 70 FR 65984
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4752;
Agency Contact: Rich Damberg,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919 541-5592
Fax: 919 541-3207
Email: damberg.rich@epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
Email: paisie.joe@epa.gov
RIN: 2060-AK74
2989. 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 - SOCMI
Wastewater NSPS and Append!; 40
CFR 63 - Appendix C to part 63
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add Appendix J to 40
CFR part 60.
The final rule will encompass the
clarifications and revisions to subpart
YYY and appendix J that will reduce
emissions of volatile organic
compounds (VOC). VOC, when emitted
into the ambient air, are precursors to
the formation of tropospheric ozone. A
wide variety of acute and chronic
respiratory health effects and welfare
(agricultural, ecosystem) effects have
been attributed to concentrations of
ozone commonly measured in the
ambient air throughout the U.S. In
conjunction with the rule development
for the NSPS, amendments to appendix
C to part 63 were proposed on June
30, 2004 On June 30, 2004,
amendments to appendix C to part 63
were proposed (69 FR 39383). See
http://www.epa.gov/ttn/atw/nsps/
socww/socwwpg.html for more
information.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM (NSPS) 09/12/94 59 FR 46780
Supplemental NPRM 10/11/95 60FR52889
1
Supplemental NPRM 12/09/98 63 FR 67988
2
NPRMAmdmt 06/30/04 69 FR 39383
Final Action 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-03, Washington,
DC 20460
Phone: 919 541-4516
Email: kissell.mary@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AE94
2990. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR Part 60
Legal Deadline: None
Abstract: Methods 3A, 6C, 7E, 10, and
20 of 40 CFR Part 60, Appendix A are
instrumental methods that are being
revised to make their performance
criteria consistent. Analyzer calibration
error tests and sampling system bias
tests now required in Methods 3A, 6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997 in an announcement
entitled "Amendments for Testing and
Monitoring Provisions." They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23279
EPA—Clean Air Act (CAA)
Final Rule Stage
the methods. The commenters
requested a reproposal of these revision
to the instrumental methods to allow
for adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemically.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
add flexibility to the testing provisions
currently in place and will not add
requirements or affect the stringency of
the underlying emission standards.
Timetable:
Additional Information: SAN No. 4310; Timetable:
Action
Date
FR Cite
NPRM 10/10/03 68 FR 58838
Final Action 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4161;
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 20460
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
2991. NESHAP: PRINTING AND
PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994.
Abstract: Since publication of the final
Printing and Publishing NESHAP, we
have discovered several minor errors.
This action will correct those errors
and clarify some of the rule language.
The main change will be to correct the
instructions for determining HAP
content of inks and other materials
from formulation data. No substantive
changes will be made to the stringency
of the rule.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN:2060-AI66
2992. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: Final, Judicial, July 26,
2006, Original settlement agreement
-5/26/06, due to request for extension
of public comments, litigants agreed to
extend final-7/26/06.
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 Code of Federal
Regulations 63, subpart LLL. The Sierra
Club and the National Lime Association
petitioned the court to review subpart
LLL, while the American Portland
Cement Alliance (APCA) opted to
negotiate a settlement agreement. On
December 15, 2000, a panel of the D.C.
Circuit issued its opinion in National
Lime Ass'n v. EPA. The Court
remanded the three standards for which
we established floors of no control
(hydrogen chloride [HC1], total
hydrocarbon [THC], and mercury [Hg]).
The Court found that we committed
error in not considering other means
of control, in particular, control of
HAPs in raw materials and in fossil
fuels. The Court also remanded that we
consider setting beyond-the-floor
standards for HAP metals, for which
particulate matter (PM) is a surrogate.
This action will consist of amendments
to respond to the court remand.
Action
Date
FR Cite
NPRM
NPRM 2
Final Action
12/02/05
01/09/06
08/00/06
70 FR 72330
71 FR 1403
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585;
; EPA Docket information: EPA-HQ-
OAR-2002-0051
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, RTF, NC
27711
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ78
2993. NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES-
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 6, 2002.
Final, Judicial, March 31, 2006,
Consent Decree.
Abstract: This source category covers
ethylene oxide commercial sterilizers.
Proposal published October 24, 2005.
EPA developed technology-based
standards for this source category under
section 112(d) of the CAA codified in
40 CFR Part 63, Subpart O. This source
category covers ethylene oxide
commercial sterilizers; the assessment
results show cancer incidence less than
one. Some commenters have requested
we make the current requirements more
stringent. Court ordered promulgation
signature 3/2006.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/24/05 70 FR 61404
04/00/06
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK09
2994. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK AND MACT STANDARDS
REVIEW
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial, March
31, 2006, consent decree.
Abstract: In 1994, we promulgated
technology-based standards for this
source category under section 112(d) of
the CAA. The facilities covered by the
standards and under investigation in
this action, include both bulk gasoline
terminals and pipeline breakout
stations that emit major source levels
of air toxics. The current action,
required by section 112(f)(2) of the
CAA, directs us to assess the risk
remaining (residual risk) after the
application of technology-based
standards. Also, CAA section 112 (d)(6)
requires us to review and revise the
technology-based standards as
necessary by taking into account
developments in practices, processes,
and control technologies. On August
10, 2005, we proposed no further action
to revise the technology-based
standards. Our risk assessment found
that the risk from these facilities now
meets the level we generally consider
acceptable. In our technology
assessment, we did not find significant
advancements in technology. This final
rule is under a consent decree requiring
Administrator signature by 3/31/06.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
Additional Information: SAN No. 4654; Action
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
Date FR Cite
08/10/05 70 FR 46452
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4655;
; EPA Docket information: OAR-2004-
0019
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK10
2995. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2002.
Final, Judicial, March 31, 2006, court
ordered deadline.
Abstract: A national emission standard
for hazardous air pollutants (NESHAP)
for industrial process cooling towers
(IPCT) was previously promulgated
under section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium-based water treatment
chemicals in IPCT used to remove heat
from chemical or industrial processes.
The Clean Air Act Section 112(f)
requires us to assess within 8 years of
promulgation of a NESHAP the
remaining risk to the public and to
develop additional more stringent
standards if such standards are needed
to protect the public health with an
ample margin of safety. This action is
to examine the remaining risk from
IPCT and, if warranted, to develop new
risk based standards.
NPRM
Final Action
10/24/05 70 FR 61411
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4660;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
2996. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, July 13,
2006, c/o deadline (original date
4/28/06, but negotiated extension with
litigants, due to request for ext. of
public comment period).
Abstract: EPA developed technology-
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standards,
as necessary, to provide an ample
margin of safety. Approximately 28,000
perchloroethylene (perc) dry cleaning
facilities are in existence. Fifteen of
these facilities are major sources (use
> 2100 gallons of perc per year), subject
to MACT requirements under the
technology-based NESHAP
requirements. The remaining facilities
are area sources (use <2100 gallons of
perc per year) subject to GACT
requirements under the NESHAP. The
peer reviewed risk assessment revealed
risk from major source dry cleaning
facilities in excess of 100 in a million,
therefore, EPA is currently assessing
options to reduce risk from these
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23281
EPA—Clean Air Act (CAA)
Final Rule Stage
facilities. EPA has agreed with litigants
to a deadline of July 13, 2006 for
completion of this effort.
Timetable:
Action
Date FR Cite
NPRM
Notice: Extension of
Public Comments
Period
Final Action
12/21/05 70 FR 75884
02/06/06 71 FR6030
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4662;
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C539-03, RTF, NC
27711
Phone: 919 541-2940
Email: jones.rhea@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK18
2997. NESHAP: MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 15, 2002, -.
Final, Judicial, March 31, 2006, Court
ordered deadline for final rule.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The facilities
covered by the 112(d) standard and
under investigation in the project are
Magnetic Tape coatings facilities that
manufacture audio and video recording
and computer information storage, and
emit major source levels of air toxics.
The magnetic tape coating process
entails a mixture of magnetic (metal)
particles, resins, and solvents applied
to either a plastic film or paper. The
HAP used in this industry include
methyl ethyl ketone (MEK), methyl
isobutyl ketone (MIBK), toluene,
toluene diisocyanate, ethylene glycol,
methanol, xylenes, chromium, cobalt,
ethylbenzene, and acetaldehyde. The
most common HAP solvents are MEK
(68 percent) and toluene (29 percent).
The non-HAP solvents used in this
industry include cyclohexanone,
acetone, and isopropyl alcohol (IPA).
The magnetic particles are
combinations of iron, chrome, and
cobalt. Particulate HAP emissions can
result from handling of materials,
cleaning of process equipment, and
adding dry media to mix tanks during
coating mix preparation. New processes
for manufacturing magnetic tape
products have been developed by at
least one company in recent years.
There are a total of six facilities
manufacturing magnetic tape in the
nation. Half of these are located in the
State of Alabama. The residual risk
analyses performed for this source
category and the final determination to
develop and promulgate additional
standards for the source category is
dependent on certain policy decisions.
The EPA modeled each of the six
facilities with magnetic tape
manufacturing source category emission
sources and found no facilities with a
cancer risk at or above 1 in 1 million.
The EPA also found the maximum
noncancer risks from these facilities to
be significantly below 0.2. The EPA
believes that these six facilities
constitute all of the emissions from this
source category and that the assessment
is likely to overestimate rather than
underestimate risks. Therefore, EPA has
determined that this source category
currently presents an acceptable level
of cancer and noncancer risks and
provides an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/24/05 70 FR 61417
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4669;
Sectors Affected: 334613 Magnetic and
Optical Recording Media
Manufacturing; 33461 Manufacturing
and Reproducing Magnetic and Optical
Media
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-1039
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK23
2998. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17; 40 CFR 63.18
Legal Deadline: None
Abstract: We are amending the part 63
General Provisions to allow facilities
that are subject to a maximum
achievable control technology (MACT)
subpart to discontinue unnecessary
requirements if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to or better than the MACT
level of control. 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.
There also are no significant policy
issues.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
06/00/06
Regulatory Flexibility Analysis
Required: No
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23282
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4719;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AK54
2999. SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: EPA is proposing to revise
one narrow aspect of the section 126
Rule, which was promulgated January
18, 2000. That rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This action also proposes to withdraw
the section 126 Rule in States that meet
the proposed revised criteria.
Timetable:
Action
Date
FR Cite
NPRM 04/04/03 68 FR 16644
Final Action 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-3347
Fax: 919 541-1039
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 20460
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3000. 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 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3001. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR Part 80; 40 CFR
Part 86
Legal Deadline: NPRM, Judicial,
February 28, 2006, Consent Decree.
Final, Judicial, February 9, 2007,
Consent Decree.
Abstract: Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce risk to public
health and welfare. The Clean Air Act
requires EPA to periodically revise
requirements to control emissions of
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
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EPA—Clean Air Act (CAA)
Final Rule Stage
these pollutants from mobile sources.
EPA committed to this rulemaking in
the preamble of the last rulemaking on
this topic, promulgated on March 29,
2001. This rule will address the need
for additional requirements, beyond
those associated with existing programs
and other forthcoming rules, to control
hazardous air pollutants ("air toxics")
from motor vehicles, nonroad engines
and vehicles, and their fuels. Previous
mobile source programs for highway
and nonroad sources and fuels have
already reduced air toxics significantly
and will provide substantial further
reductions in coming years as new
standards and programs are phased in.
This mobile-source air toxics rule will
provide an overview of these mobile
source programs and associated toxics
emissions reductions. The rule will
then address potential changes to
gasoline fuel parameters to reduce
toxics such as benzene and the
potential for additional vehicle
controls. We are also considering
portable fuel container controls due to
their significant contribution to VOC
emissions overall and the potential for
exposure to evaporative benzene
emissions.
Timetable:
Action
NPRM
Final Action
Date
03/29/06
02/00/07
FR Cite
71 CFR
15803
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4748;
Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4584
Email:
lieske.christopher@epamail.epa.gov
RIN: 2060-AK70
3002. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7) (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 74l2(r)
CFR Citation: 40 CFR Part 68
Legal Deadline: None
Abstract: In the October 2005
Regulatory Agenda, EPA stated that it
would perform a review of the
Accidental Release Prevention
Requirements Rule per section 610 of
the Regulatory Flexibility Act. No
comments were received. EPA is now
announcing the completion of that
review. EPA has concluded that this
rule should remain in effect without
modification.
BACKGROUND: EPA promulgated the
Accidental Release Prevention
Requirements on June 20, 1996 (61 FR
31668); which apply to all stationary
sources with process(es) that contain
more than a threshold quantity of a
regulated substance. Processes are
divided into three categories: the
potential for offsite consequences
associated with a worst-case accidental
release; accident history; or compliance
with the prevention requirements under
OSHA's Process Safety Management
(PSM) regulations. Processes that have
no potential impact on the public in
the case of an accidental release have
minimal requirements. For other
processes, sources must implement a
risk management program that includes
more detailed requirements for hazard
assessment, prevention, and emergency
response. Processes in industry
categories with a history of accidental
releases and processes already
complying with OSHA's PSM are
subject to prevention program
requirements that are almost identical
to elements of the OSHA standard. All
other processes are subject to
streamlined prevention requirements.
All sources must prepare a risk
management plan (RMP) based on the
risk management programs established
at the source. The sources submit the
plan to EPA. The first submission of
RMPs was due on June 20, 1999; with
updates due on June 20, 2004. Some
sources re-submitted their plans or
revised their plans after the first
submission. Approximately 15,000
sources are subject to the accidental
release prevention regulations.
Based on the regulatory flexibility
analysis for the 1993 proposal, EPA
concluded that the rule would create
a severe, adverse impact on small
entities. In February 1995, EPA
published a supplemental proposal to
introduce a tiering approach for this
regulation. By using the tiering
approach and streamlining
requirements for some of the regulated
entities, the 1996 final rule resulted in
significantly reduced impacts on small
businesses. Entities with complex
processes follow? more rigorous
requirements and those with simple
processes follow streamlined
requirements.
To further reduce the burden on
covered facilities, including small
business, EPA developed: (1) industry-
specific guidance for small, non-
chemical sector businesses (i.e., water
treatment facilities, ammonia
refrigeration, propane
retailers/distributors). These documents
help facilities develop their risk
management programs and RMPs; (2)
an electronic program, RMP*Submit, to
facilitate the submissions, which
incorporated more user friendly
features and help menus to assist
facilities, particularly those small- and
medium-sized facilities with less
expertise; and (3) a web-based tool to
facilitate the reporting of those
administrative changes required by the
regulation to be updated with more
frequency.
EPA amended the regulations which
further reduced burden on small
entities. On March 13, 2000, EPA
modified the regulations to conform to
the fuels provisions of the Chemical
Safety Information, Site Security and
Fuels Regulatory Relief Act. The rule
was revised to exclude flammable
substances when used as a fuel or held
for sale as a fuel at a retail facility.
This reduced burden on many small-
to medium-sized facilities, particularly
farms. On April 9, 2004, EPA revised
the regulations to remove the regulatory
requirement for covered facilities to
include in the executive summaries of
their RMPs a brief description of the
off-site consequence analysis for their
facilities.
EPA has a Hotline; a Reporting Center
public access number for questions on
RMP*Submit and RMP web-based
reporting tools; a web-site; and a
frequently-asked-questions database.
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23284
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action Date
FR Cite
Begin Review 10/01/05
End Comment Period 01/02/06
End Review 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5018;
; EPA Docket information: OAR-2005-
0166
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
Vanessa Rodriguez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG26
3003. AMBIENT AIR QUALITY
MONITORING REGULATIONS:
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: Other, Judicial,
December 20, 2005, This is tied to SAN
4255, PM NAAQS which is under c/o
deadline for signature 12/20/05. The
final is under judicial 9/27/06.
Final, Judicial, September 27, 2006,
Relevant areas of the PM monitoring
methods and network are tied to the
consent decree for the PM NAAQS.
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by State and local agencies,
although Federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. At this
time that we are proposing revisions to
the PM monitoring program as part of
the review of the PM NAAQS, we are
also proposing revisions to the overall
structure of the monitoring regulations
that would remove real or perceived
constraints on redeploying air
monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The current
regulations require states to develop
plans to deploy air monitoring
networks. States generally develop new
plans only when new monitoring is
needed, such as for a new NAAQS. The
regulations need to be revised to reflect
the roles of EPA and the state and local
agencies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/17/06 71 FR2710
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4421;
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
URL For Public Comments:
oar-2004-0018
Agency Contact: Tim Hanley,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-4417
Fax: 919 541-1039
Email: hanley.tim@epamail.epa.gov
Lewis Weinstock, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov; lewis
weinstock/rtp/usepa/
us@epamail.epa.gov
RIN: 2060-AJ25
3004. CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE
LOW-SULFUR HIGHWAY DIESEL
FUEL TRANSITION PROGRAM FOR
ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a); 42 USC 7625-1
CFR Citation: 40 CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy-duty diesel
rule, which was promulgated on
January 18, 2001. That rule established
more stringent national emission
standards for heavy-duty highway
vehicles and engines for the 2007
model year, and a technology-enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low-sulfur highway diesel fuel, as an
alternative to the national transition
program. Our goal in offering this
flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA
intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to submit an alternative
transition plan in late 2001 or early
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23285
EPA—Clean Air Act (CAA)
Final Rule Stage
2002. This action will be in response
to that anticipated submittal. We are
also adding a related re-proposal to
implement nationwide diesel fuel
content standards for nonroad,
locomotive and marine engines as it
applies to Alaska's rural areas.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/13/05 70 FR 59690
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4570;
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: David Korotney,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, Washington, DC 48104
Phone: 734 214-4507
Fax: 734 214-4050
Email:
korotney.david@epamail.epa.gov;
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 48105
Phone: 734 214-4264
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AJ72
3005. MODIFICATION OF
ANTI-DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFC program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska. We are
proposing this action to address certain
inconsistencies in the RFG program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers.
Today's proposed actions would not
compromise the environmental goals of
the RFG program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
State/local/tribal governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/04/05 70FR646
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4632;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9624
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3006. 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 11/00/06
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, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3007. PROTECTION OF
STRATOSPHERIC OZONE: VARIOUS
MINOR AMENDMENTS TO THE
REGULATIONS IMPLEMENTING THE
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
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23286
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: This direct final rule would
amend the current regulations
governing the production and trade of
certain ozone-depleting substances to
address technical issues concerning the
export of previously imported material,
trade with parties not part of the
Montreal Protocol, and the exemption
allowance petition process.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4804;
URL For More Information:
www.epa.gov\ozone\title6
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 62051,
Washington, DC 20460
Phone: 202 343-9185
Fax: 202 343-9226
Email: brennan, ross@epamail.epa.gov
RIN: 2060-AL90
3008. FIVE-YEAR REVIEW OF MACT
STANDARDS FOR LARGE MWC
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq.
CFR Citation: 40 CFR 60
Legal Deadline: Final, ludicial, April
28, 2006, consent decree.
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
large municipal waste combustion units
(MWC). Those MACT standards have
been adopted and fully implemented
with all retrofits completed. Section
129(a)(5)of the CAA requires EPA to
review and, if necessary, revise those
standards every 5 years. This
rulemaking addresses those
requirements and is the first 5-year
review? of the MACT standards.
Implementation of these MACT
standards has been highly effective and
has reduced dioxin/furan emissions by
more than 99 percent since 1990 and
mercury emissions by more than 95
percent since 1990. Similar reductions
have occurred for other CAA section
129 pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/19/05 70 FR 75348
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4829;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AL97
3009. NESHAP: OIL AND NATURAL
GAS PRODUCTION FACILITIES -
AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, ludicial, lune 30, 2005.
Final, ludicial, December 21, 2006,
consent decree.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP and 25 tons/year of
all HAP. As part of that strategy,
several area-source categories were
listed for regulation. Oil and Natural
Gas (ONG) production sources was
listed as one of those categories, and
this rulemaking will address measures
to control pollution from ONG
facilities. Oil and natural gas
production processes are known to emit
benzene, toluene, ethyl-benzene and
xylene. In 1999, EPA promulgated the
NESHAP for Oil and Natural Gas
Production. A supplemental proposal
was published in the FR on luly 8,
2005. We proposed two options — that
the control requirements apply in all
locations or to just facilities in Urban
1 and Urban 2 counties. The control
requirements only apply to triethylene
glycol dehydration units.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/08/05 70 FR 39441
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4875;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2005/luly/Day-08/al3480.htm;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM16
3010. AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEW 8-HOUR OZONE
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This final rule amends the
current vehicle inspection and
maintenance (I/M) rule to establish
deadlines for areas newly required to
begin I/M testing as a result of their
classification under the 8-hour ozone
standard. Specifically, the amendments
will address: the deadline for
submitting I/M State Implementation
Plans (SIPs) for those new areas; the
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23287
EPA—Clean Air Act (CAA)
Final Rule Stage
deadline for the new program start-up;
and the model year coverage and
evaluation timeframes associated with
new programs that will potentially be
required as part of EPA's
implementation of the 8-hour ozone
standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/06/05 70 FR 1314
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4854;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/lanuary/Day-06/al77.htm;
Agency Contact: Dave Sosnowski,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 48105
Phone: 734 214-4823
Email:
sosnowski.dave@epamail.epa.gov
Joe Pedelty, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave NW, Washington, DC
48105
Phone: 734 214-4410
Email: pedelty.joe@epamail.epa.gov
RIN: 2060-AM21
3011. FIRE SUPPRESSION AND
EXPLOSION PROTECTION LISTING
UNDER SNAP
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 direct final rule updates
the current SNAP list of acceptable
alternatives for ozone-depleting
substances in the fire suppression and
explosion protection sector. The
revisions to the SNAP lists will be done
through a "direct final" rulemaking
because we view them as non-
controversial and anticipate no adverse
comment. In this direct final rule, we
are introducing new substitutes giving
businesses and users additional
flexibility in safely transitioning away
from ozone-depleting halons in the fire
protection sector. This action does not
place any significant burden on users
but provides new halon substitutes
while continuing to protect human
health and the environment.
Timetable:
Action
Date FR Cite
Direct Final Action
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4857;
; EPA Docket information: EPA-HQ-
OAR-2005-0087
URL For More Information:
www. epa.gov/ozone
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Karen Thundiyil, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AM24
3012. NESHAP: HYDROCHLORIC ACID
PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401et seq.
CFR Citation: 40 CFR 63 (revision)
Legal Deadline: Other, Statutory, April
17, 2006, Compliance date for rule is
4/17/2006.
Abstract: On April 17, 2003, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for the Hydrochloric Acid
Production industry. Subsequent to
promulgation, EPA received a number
of concerns and issues from the
industry related to technical
corrections, definitions, and
applicability matters. The EPA is
amenable to making many of the
suggested corrections but believes that
proposal of the changes is necessary.
In addition, the OSWER would like to
include the storage and transfer
operations at sources subject to their
HC1 production rule to the subpart
NNNNN rule which would also require
proposal. The amendments are
expected to have little or no impact on
the plants now covered by the HC1
production rule. No adverse economic
impacts are expected. The total
nationwide capital and annual costs
associated with the amendments are
negligible. No price impacts are
projected. No significant impacts on a
substantial number of small entities are
expected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/24/05 70 FR 49530
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4867;
; EPA Docket information: OAR-2002-
0057
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 20460
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM25
3013. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
AMENDMENTS TO EVAPORATIVE
EMISSIONS REGULATIONS AND
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 9; 40 CFR 86
Legal Deadline: None
Abstract: This action includes
technical amendments to several
portions of certification requirements
and test procedures applicable to light-
duty vehicles, light-duty trucks, and
heavy-duty vehicles. These
amendments include minor revisions to
clarify regulations. These amendments
also include revisions to the
evaporative compliance procedures,
which are intended to reduce the
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23288
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
certification burden associated with
conducting 2-day, 3-day, and ORVR
procedures without affecting the level
of stringency, ref. EPA guidance letter
CCD-02-20, December 31, 2002;
(Subject: Request for Comments on
Potential Evaporative Regulation
Changes; Evaporative Guidance for
Certification and In-use Testing).
Timetable:
Action
Date
FR Cite
Final Action
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4880;
EPA publication information: Direct
Final Action w/NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
08/a23714.htm;
Agency Contact: Julia Rege,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4614
Email: rege.julia@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 48105
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
3014. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
February 23, 2006, Settlement
agreement published 10/26/05 signed
by all parties agreed to a 2/23/06
signature date.
Abstract: A final rule for this source
category was published on November
10, 2003. Several parties petitioned the
rule and this action will address issues
raised by the petitioners. The
settlement agreement calls for two final
rulemakings. The first is on the
extension of the compliance date and
the second, to follow? within 4 months,
is on the remaining issues.
Timetable:
Action
Date FR Cite
NPRM 12/08/05 70 CFR
73098
Final Compliance Date 03/01/06 71 FR 10439
Extension
Final Action 07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4891;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
08/a23666.htm;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM43
3015. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least 40 working days
before a shipment is to leave the
foreign port of export. This rule will
reduce the administrative burden of
anyone petitioning to import aircraft
fire extinguishing spherical pressure
vessels containing halon-1301 ("halon
bottles") for hydrostatic testing in the
United States. The rule would require
importers to adhere to all import
petitioning requirements but would
require one petition to be submitted
annually for all shipments rather than
submission of a petition for each
individual shipment forty 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
Direct Final Action
w/NPRM
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4900;
URL For More Information:
www.epa.gov\ozone\title6
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone: 202 343-9226
Fax: 202 565-2079
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AM46
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23289
EPA—Clean Air Act (CAA)
Final Rule Stage
3016. NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR): FINAL
RULES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51, app S
Legal Deadline: None
Abstract: This action will promulgate
changes to regulations that govern NSR
permitting of major stationary sources
in nonattainment areas where there is
no approved SIP. Appendix S of 40
CFR part 51 contains the permitting
program for major stationary sources in
nonattainment areas in transition
periods before approval of an SIP to
implement part D of title I. This action
will revise appendix S to conform it
to the changes made to regulations at
40 CFR 51.165 for SIP programs for
nonattainment major NSR (67 FR
80816; December 31, 2002). It will
cover Baseline Emissions
Determination, Actual-to- Future-Actual
Methodology, Plantwide Applicability
Limitations. The action will also cover
Clean Units and Pollution Control
Projects to the extent they are covered
in the NSR base program as affected
by recent court decisions.
Timetable:
Action
Date
FR Cite
Final Action
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3259.2; Split from RIN 2060-AEll. See
also SAN 4390
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-3450
Fax: 919 541-1039
Email: sutton.lisa@epamail.epa.gov
Janet McDonald, Environmental
Protection Agency, Air and Radiation,
C339-03, RTF, NC 20460
Phone: 919 541-1450
Fax: 919 541-5509
Email: mcdonald.janet@epamail.epa.gov
RIN: 2060-AM59
3017. NESHAP: INTEGRATED IRON
AND STEEL; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Other, Judicial,
September 23, 2005, 113(g) notice
established proposal deadline.
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
integrated iron and steel facilities on
May 20,2003. The EPA was
subsequently petitioned by industry
and Earthjustice concerning several
issues. The EPA has engaged in
negotiations with both industry and
Earthjustice concerning the issues and
is issuing these amendments to address
the concerns. The amendments clarify
several sections of the rule and provide
clearer and consistent directions on
complying with the standards.
Timetable:
Action
Date FR Cite
NPRM 08/30/05 70 FR 51306
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4909;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-30/al 7193.htm;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM76
3018. NESHAP: ORGANIC LIQUID
DISTRIBUTION—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Judicial, July 10,
2006, Original settlement date-5/10/06
- due to request for extension of public
comments, litigants agreed to extend
final to 7/10/06.
NPRM, Judicial, October 31, 2006,
settlement date.
Abstract: Two amendments will be
written in which requests for
reconsideration will be addressed. End
users have always been covered by the
rule. It has always been our intention
to cover distribution of organic liquids
wherever it might take place. This will
be clarified in the first amendment.
Recordkeeping requirements will also
be reduced. Typographical and cross-
referencing errors will be corrected and
control requirement oversights will be
corrected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/14/05 70FR69210
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4910;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2005/November/Day-
14/a22108.htm;
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-2421
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM77
3019. STANDARDS OF
PERFORMANCE FOR STATIONARY
COMPRESSION IGNITION INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
111
CFR Citation: 40 CFR 60.42
Legal Deadline: NPRM, Judicial, June
29, 2005, court ordered deadline.
Final, Judicial, June 28, 2006, court
ordered deadline.
Abstract: This project is to develop
New Source Performance Standards
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23290
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
(NSPS) for stationary reciprocating
internal combustion compression
ignition (diesel) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a tight litigated schedule to be
promulgated by lune 2006.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/11/05 70 FR 39870
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4914;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AM82
3020. REGULATION OF FUELS AND
FUEL ADDITIVES: REFINER AND
IMPORTER QUALITY ASSURANCE
REQUIREMENTS FOR DOWNSTREAM
OXYGENATE BLENDING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
(k)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule would amend the
reformulated gasoline regulations to
allow refiners and importers of
"reformulated gasoline blendstock for
oxygenate blending," or RBOB, to use
an alternative method of fulfilling the
regulatory requirement to conduct
quality assurance sampling and testing
at downstream oxygenate blending
facilities. 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., to ensure that all
facilities that blend oxygenate with
RBOB in a given reformulated gasoline
area are blending the required amounts
of oxygenate. The program would be
carried out by an independent
association funded by an industry
consortium. The program would be
conducted pursuant to a survey plan,
approved by EPA. This action will not
have any adverse environmental
impact.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4930;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9624
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AM88
3021. PART 63 GENERAL
PROVISIONS—RESPONSE TO
PETITION TO RECONSIDER
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, March
31, 2006, date given to court that EPA
will complete reconsideration.
Abstract: This notice will respond to
the Natural Resource Defense Council's
petition to reconsider certain aspects of
the May 30, 2003 amendments to the
part 63 General Provisions. The
primary issue is public access to
startup, shutdown, and malfunction
plans.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/29/05 70FR43992
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4934;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM89
3022. NESHAP FOR REFRACTORY
PRODUCTS MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 91-190, sec 203
CFR Citation: 40 CFR 63
Legal Deadline: Other, Statutory, April
30, 2006, Compliance Date.
Abstract: The national emission
standards for hazardous air pollutants
(NESHAP) for new and existing
refractory products manufacturing
facilities, were promulgated on April
16, 2003, under section 112(d) of the
Clean Air Act (CAA). These
amendments clarify the testing and
monitoring requirements of the
NESHAP, bring the NESHAP into
consistency with recent changes to the
General Provisions to part 63, and make
certain technical corrections to the rule.
OMB reviewed these amendments and
suggested that EPA clarify that if a
source chose to comply with the
percent reduction limit, and then
turned back the thermal oxidizers at the
heated process after the organic HAP
are driven from the refractory products,
then that source may choose to comply
with the concentration limit to show
compliance with the rule during the
time period that the exhaust stream
from the heated process is
uncontrolled. This clarification was
made because under the rule, a source
could choose to meet either the percent
reduction limit or the concentration
limit, but was not allowed to switch
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23291
EPA—Clean Air Act (CAA)
Final Rule Stage
between one and the other. However,
for the purposes of conserving energy
after the control devices were not
longer needed on a batch process, we
agreed with the suggestions from OMB
and made the clarification. We view the
revisions as noncontroversial and
anticipate no significant adverse
comments.
Timetable:
Action
Date FR Cite
02/13/06 71 FR 7415
02/13/06 71 FR7494
04/00/06
Inadvertent Error
Direct Final Action
Withdrawal of Direct
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4937;
EPA publication information:
Inadvertent Error -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-13/al218.htm;
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, RTF, NC
27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM90
3023. INCLUSION OF DELAWARE AND
NEW JERSEY IN THE CLEAN AIR
INTERSTATE RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 74lO(a)
CFR Citation: 40 CFR 51; 40 CFR 72
to 74; 40 CFR 77 to 78; 40 CFR 96
Legal Deadline: Other, Judicial, March
15, 2006, Final must be signed by
3/15/06 to include DE & NJ in CAIR,
the date EPA signs CAIR FIP, which
includes requirements for DE & NJ.
Abstract: In the Clean Air Interstate
rule (CAIR), EPA adopted a single-
factor threshold of 0.20 mg/m3
contribution to PM2.5 nonattainment as
the air quality element of the definition
of emissions that contribute
significantly to nonattainment in
another state. Upon further
consideration, EPA believes that this
may exclude some states that should
be considered to make a significant
contribution if their future emissions
are not reduced below presently
projected levels. On May 12, 2005, we
proposed to supplement the
contribution threshold adopted in the
CAIR with a multi-factor weight of
evidence test (70 FR 25408). We
published a notice of data availability
on 6/28/05 (70 FR 37068) to notify the
public we had put additional
information in the docket regarding the
inclusion of Delaware and New Jersey.
Application of the test indicates that
New Jersey and Delaware should be
included in the CAIR requirements. In
this action, we are responding to
comments received on the proposal.
Timetable:
Action
Date FR Cite
NPRM
NODA
Final Action
05/12/05 70 FR 25408
06/28/05 70 FR 37068
04/00/06
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.
Additional Information: SAN No.
4794.1; Split from RIN 2060-AL76.
URL For More Information:
www.epa.gov/interstateairquality
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
Email: paisie.joe@epa.gov
RIN: 2060-AM95
3024. RULE ON SECTION 126
PETITION FROM NC TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM AND 03; FIPS TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM & O3; REVISIONS TO CAIR RULE;
REVISIONS TO ACID RAIN PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: Final, Judicial, March
15, 2006, Rule must be signed by
March 15, 2006 in accordance with a
Consent Decree on the rulemaking
schedule for the section 126 petition.
Abstract: This action includes two
separate but related rulemakings to
address interstate transport with respect
to the 8-hour ozone and fine particulate
matter (PM2.5) national ambient air
quality standards. In one part, EPA is
responding to a petition submitted to
the Agency in March 2004, by the State
of North Carolina pursuant to section
126 of the Clean Air Act. The petition
requests that EPA make findings that
emissions of nitrogen oxides (NOx) and
sulfur dioxide (SO2) from large electric
generating units (EGUs) in 12 States are
significantly contributing to PM2.5
nonattainment or maintenance
problems in North Carolina and that
NOx emissions from large EGUs in five
States are significantly contributing to
8-hour ozone nonattainment or
maintenance problems in North
Carolina. NOx and SO2 are precursors
to PM2.5 pollution; NOx is also a
precursor to ozone pollution. If EPA
makes such findings, EPA is authorized
to establish Federal emissions limits for
the affected sources. The second part
of this rulemaking is related to EPA's
Clean Air Interstate Rule (CAIR),
promulgated on March 10, 2005, which
addresses interstate transport of NOx
and SO2. CAIR requires 28 States and
the District of Columbia to revise their
State Implementation Plans (SIPs) to
reduce emissions of NOx and/or SOx.
Controlling these emissions will assist
the downwind areas in meeting the
PM2.5 and 8-hour ozone national
ambient air quality standards. To act
as a "backstop" for CAIR, EPA is also
developing Federal Implementation
Plans (FIPs) to address interstate
transport. These FIPs are the second
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23292
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
part of the two-part rulemaking we are
discussing in this abstract. The FIPs
would achieve the emissions reductions
required under the CAIR if a State does
not have an approved SIP to do so. In
the FIP actions, EPA intends to propose
Federal NOx and SO 2 trading programs
for electric generating units. The EPA
is required to promulgate a FIP within
2 years of: 1) finding that a State has
failed to make the required SIP
submittal, 2) finding that the submittal
received does not satisfy the minimum
SIP completeness criteria, or 3)
disapproving a SIP in whole or in part.
The EPA is required to promulgate the
FIP unless EPA has approved, within
the 2-year time period, a SIP that
corrects the identified deficiency. In an
action published on April 25, 2005,
EPA notified States that they had failed
to submit SIPs to address transport that
were due in 2000, 3 years after EPA
established the 8-hour ozone and
PM2.5 standards. This current
rulemaking action is also proposing
certain revisions to the CAIR and the
Acid Rain Program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/24/05 70 FR 49708
04/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4956;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-3347
Fax: 919 541-1039
Email: oldham.carla@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
Email: paisie.joe@epa.gov
RIN: 2060-AM99
3025. 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 Part 86
Legal Deadline: None
Abstract: On October 22, 2002 the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
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 NPRM 01/17/06 71 FR 2843
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/January/Day-17/a073.htm;
Split from RIN 2060-AK76.
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4502
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AN01
3026. SMALL MUNICIPAL WASTE
COMBUSTOR NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sections 111 and
129
CFR Citation: 40 CFR 60 subparts
AAAA and BBBB, 40 CFR 62 s
Legal Deadline: None
Abstract: This rule would amend the
final (Dec. 2000) small municipal waste
combustors (MWC) new source
performance standards (NSPS),
emission guidelines (EG), and Federal
lll(d) plan. The small MWC rule
regulates owners and operators of small
MWC, which are MWC units with
capacities between 35 tons per day
(tpd) and 250 tpd. The amendments
will not change the response (the types
of emission controls that will be used)
of the facilities to the rule, but will
provide clarification and correction.
Specifically, the amendments will
include: (1) fixing typographical errors
created by the Office of the Federal
Register; (2) approval of State operator
training programs for MWC operators
in the State of Minnesota (this was
previously done for MWC operators in
the States of Maryland and
Connecticut); (3) addressing carbon
monoxide (CO) emission limits during
MWC malfunctions (this same
provision was already added to large
MWC standards in a previous
rulemaking); (4) revising a CO limit for
one type of MWC and a NOx limit for
another type of MWC; and (5) removing
one voluntary consensus standard,
ASTM D-6522, which is not an
appropriate test method for this
industry. These changes need to be
made to address compliance issues for
this rule.
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23293
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Direct Final Action
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4970;
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
RIN: 2060-AN17
3027. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51 subpart A
Legal Deadline: None
Abstract: This action seeks to combine
and consolidate air emission reporting
requirements from three regulations.
The three regulations are the Clean Air
Interstate Rule (CAIR), the Consolidated
Emissions Reporting Rule (CERR) and
the NOX SIP Call. Each of these
regulations has associated emissions
reporting requirements. The purpose of
this action is to resolve differences in
the reporting requirements in the three
regulations so that the regulated
community will have a single location
in the Code of Federal Regulations that
details air emission reporting
requirements. For example, the CERR
and the NOX SIP Call use similar but
not identical terminology to describe
what data must be reported to EPA.
The proposed rule would resolve these
differences.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/03/06 71 FR69
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4951;
Agency Contact: Bill Kuykendal,
Environmental Protection Agency, Air
and Radiation, D205-01, RTF, NC
27709
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
Doug Solomon, Environmental
Protection Agency, Air and Radiation,
D205-01, RTF, NC 27709
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
3028. REGIONAL HAZE
REGULATIONS; REVISIONS TO
PROVISIONS GOVERNING
ALTERNATIVE TO SOURCE-SPECIFIC
BEST AVAILABLE RETROFIT
TECHNOLOGY (BART)
DETERMINATIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 2 USC
7414; 42 USC 7421; 42 USC 7470-7479
CFR Citation: 40 CFR 51.308(e)(2); 40
CFR 51.309; 40 CFR 51 app Y (New)
Legal Deadline: None
Abstract: EPA published the regional
haze rule on July 1, 1999 (64 FR
35714). On May 24, 2002, the B.C.
Circuit Court vacated certain provisions
of the regional haze rule related to best
available retrofit technology (BART).
The BART provisions at issue in that
case were applicable on a source-by-
source basis. The revisions to the haze
rule to respond to that case are being
finalized in the Clean Air Visibility
Rule (CAVR) on June 15, 2005, under
a consent decree. In a separate but
related case, the B.C. Circuit vacated
additional BART provisions in a
decision issued on February 18, 2005.
These provisions applied to BART in
the context of optimal emissions
trading programs. The program at issue
in that case was the SO2 "backstop"
emissions trading program developed
by the Western Regional Air
Partnership (WRAP), but the decision
also controls all similar programs
developed in the future. To address this
decision, we proposed revisions to the
haze provisions governing trading
programs on August 1, 2005 (70 FR
44154). The proposal addresses both
the particular circumstances of the
WRAP and general implications of the
decision for other programs. We intend
to finalize this proposal by November
8, 2005, as noted in the CAVR consent
decree.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/01/05 70 FR 44154
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: San No. 4450-
1. Split from RIN 2060-AJ31.
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-0824
Email: kaufman.kathy@epa.gov
Todd Hawes, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5591
Fax: 919 541-5489
Email: hawes.todd@epa.gov
RIN: 2060-AN22
3029. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS:
RECONSIDERATION;
OVERWHELMING TRANSPORT
CLASSIFICATION
Priority: Other Significant
Legal Authority: 42 USC 7408; 42 USC
7410; 42 USC 7501 to 751lf; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This rule was issued as a
result of EPA's Reconsideration of the
Phase 1 Rule to Implement the 8-Hour
Ozone NAAQS as requested by
Earthjustice. Specifically, this rule will
address the Overwhelming Transport
Classification. The Phase 1 Rule
provided specific requirements for State
and local air pollution control agencies
and tribes to prepare State
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EPA—Clean Air Act (CAA)
Final Rule Stage
Implementation Plans (SIPs) and Tribal
Implementation Plans (TIPs) under the
8-hour national ambient air quality
standard (NAAQS) for ozone, published
by EPA on July 18, 1997. The Clean
Air Act (CAA) requires EPA to set
ambient air quality standards and
requires States to submit SIPs to
implement those standards. The 1997
standards were challenged in court, but
in February 2001, the Supreme Court
determined that EPA has authority to
implement a revised ozone standard,
but ruled that EPA must reconsider its
implementation plan for moving from
the 1-hour standard to the revised
standard. The Supreme Court identified
conflicts between different parts of the
CAA related to implementation of a
revised NAAQS, provided some
direction to EPA for resolving the
conflicts, and left it to EPA to develop
a reasonable approach for
implementation. Thus, the Phase 1 Rule
addressed the requirements of the CAA
and the Supreme Court's ruling.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/27/06 71 FR 15098
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.4; Split from RIN 2060-AJ99.
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN26
3030. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2006
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82.8(a)
Legal Deadline: None
Abstract: This rule will allocate
essential use allowances for import and
production of Class I controlled
substances for calendar year 2006.
Essential use allowances enable a
company to obtain ozone depleting
substances as an exemption to the
regulatory ban on production and
import of these chemicals, which took
effect on January 1, 1996. EPA allocates
essential use allowances for exempted
production and import of a specific
quantity of chlorofluorocarbons solely
for use in medically essential asthma
inhalers.
Timetable:
Action
Date
FR Cite
Direct Final Rule w/ 07/00/06
Comments
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4986;
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AN29
3031. INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL BOILER AND
PROCESS HEATER NESHAP,
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.7480
Legal Deadline: None
Abstract: On September 13, 2004,
national emission standards for
hazardous air pollutants (NESHAP) for
industrial, commercial and institutional
boilers, and process heaters were
promulgated. Following promulgation,
EPA received a petition for
reconsideration filed by the General
Electric Company. The petitioner
claimed that the proposal did not
provide sufficient information on the
emission averaging provision added in
the final rule upon which to provide
meaningful comment. The petitioner
requests reconsideration or clarification
that the rule allows for consolidated
testing of commonly vented boilers. On
October 31, 2005, we granted the
petition and proposed a limited number
of amendments to the NESHAP. In
response to the petition, we proposed
an amendment allowing for
consolidated testing of commonly
vented boilers under the emission
averaging provision. In addition, we
proposed amendments and technical
corrections to clarify some applicability
and implementation issues.
Timetable:
Action
Date
FR Cite
NPRM 10/31/05 70 FR 62264
Final Action 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4987;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, RTF, NC
20460
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AN32
3032. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
HFE-7300
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude HFE-7300 from the list of
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23295
EPA—Clean Air Act (CAA)
Final Rule Stage
volatile organic compounds (VOCs) on
the basis that, as a precursor, this
compound makes a negligible
contribution to the formation of
tropospheric ozone. This compound
has potential for use as a refrigerant
because it also is not a stratospheric
ozone depleter. This action will remove
the necessity to control HFE-7300 as a
VOC in State Implementation Plans for
attaining the ozone standard.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/09/06 71 FR6729
03/13/06
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5010;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-09/al800.htm;
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: Johnson.williaml@epa.gov
RIN: 2060-AN34
3033. OPTIONAL CHASSIS
CERTIFICATION FOR DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601(a)
CFR Citation: 40 CFR 86.1863-07
Legal Deadline: None
Abstract: Prior to the heavy-duty 2007
rulemaking (HD 2007), we have
required that crankcase emissions be
controlled only on naturally aspirated
diesel engines. We made an exception
for turbocharged heavy-duty diesel
engines in the past because of concerns
regarding fouling that could occur from
diesel PM and engine oil, which are
included in the crankcase emissions,
when routing the crankcase blow-by
into the turbocharger and aftercooler.
However, this was an environmentally
significant exception since most heavy-
duty diesel trucks use turbocharged
engines, and a single engine can emit
over 100 pounds of NOx, NMHC, and
PM from the crankcase over its lifetime.
Therefore, given the availability of
technologies to control crankcase
emissions and the significant
environmental benefit for eliminating
those emissions, we are proposing new
requirements for crankcase emissions in
the HD 2007 rulemaking. Those
provisions require that heavy-duty
diesel engines either close the
crankcase or account for any crankcase
emissions within the total compliance
limits of the tailpipe emissions
standard. This requirement had the
unintended consequence of confusing
which crankcase provisions should
apply to these heavy-duty diesel
engines, those of subpart S or the
newly defined diesel provisions of CFR
sec. 86.007-11. It was our intention that
these vehicles meet the newly defined
requirements of closed crankcase
provisions just as other heavy-duty
diesel engines must. Therefore, we are
finalizing a change to the HD 2007 that
explicitly defines the crankcase
provisions applicable for heavy-duty
chassis certified diesel engines under
14,000 pounds as those provisions
defined under CFR § 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 04/00/06
wNPRM
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, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 734 214-1387
Email: guerra.zuimdie@epamail.epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
OAR, Washington, DC 20460
Phone: 734 214-1824
Email:
jackson.cleophas@epamail.epa.gov
RIN: 2060-AN39
3034. TREATMENT OF DATA
INFLUENCED BY EXCEPTIONAL
EVENTS
Priority: Other Significant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 50
Legal Deadline: Other, Statutory,
March 1, 2006, SAFE-TEA requires
EPA publish a NPRM in the FR NLT
3/1/06. Signature by 3/1 will be met
but FR Pub date of 3/1 will not be met.
Abstract: This regulation would codify
EPA policy concerning how to address
air quality data that has been identified
as being affected by exceptional,
natural, or international events. The
rulemaking provides guidance to States,
local, and tribal air quality agencies on
how to address the air quality and
public health impacts caused by these
types of events. EPA is developing this
rule to better address situations where
data resulting from uncontrollable,
natural, or exceptional events—for
example forest fires, structural fires,
high wind, volcanic or seismic
activities—may require special
consideration. In some cases, it may be
appropriate to exclude data from such
events from regulatory consideration
because they could result in
inappropriate air quality values being
compared with the level of the affected
air quality standard. In other cases it
may be appropriate to retain the data
for comparison with the level of the
affected standard and then allow EPA
time to formulate the appropriate
regulatory response.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/10/06 71 FR 12592
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4998;
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, C-504-02, Research
Triangle Park, NC 27711
Phone: 919 541-0906
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EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Eric Ginsburg, Environmental
Protection Agency, Air and Radiation,
C-304-02, Research Triangle Park, NC
27711
Phone: 919 541-0877
Fax: 919 541-4511
Email: ginsburg.eric@epa.gov
RIN: 2060-AN40
3035. »CAMR 111
RECONSIDERATION
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7411; 42 USC
7401; 42 USC 7403; 42 USC 7426; 42
USC 7601; 42 USC 7651
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Legal Deadline: Other, Statutory, May
31, 2006, Commitment to court to
finalize.
Abstract: On May 18, 2005, the EPA
promulgated regulations under section
111 of the Clean Air Act regulating
mercury emissions from new and
existing coal-fired electric utility steam
generating units. As a result of four
petitions for administrative
reconsideration, on October 28, 2005,
EPA opened the rule for
reconsideration of several issues. The
public comment period on the
reconsideration closed on December 19.
EPA expects to complete the
reconsideration process by the end of
May 2006.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/28/05 70 FR 62213
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No.
4571.2; Split from RIN 2060-AJ65.; EPA
Docket information: OAR-2002-0056
URL For More Information:
www.epa.gov/ttn/atw/utility/
utiltoxpg.html
Agency Contact: Robert Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 20460
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AN50
3036. • REVISION OF 112(N) FINDING
RECONSIDERATION
Priority: Other Significant
Legal Authority: 42 USC 7411; 42 USC
7401; 42 USC 7403; 42 USC 7426; 42
USC 7601; 42 USC 7651
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Legal Deadline: Other, Statutory, May
31, 2006, commitment to court to
finalize.
Abstract: On March 29, 2005, EPA
published a final rule entitled
"Revision of December 2000 Regulatory
Finding on the Emissions of Hazardous
Air Pollutants From Electric Utility
Steam Generating Units and the
Removal of Coal- and Oil-Fired Electric
Utility Steam Generating Units From
the Section 112(c) List" (Section 112(n)
Revision Rule). (See 70 FR 15994.)
Following that final action, the
Administrator received two petitions
for reconsideration. In response to
those petitions, this action will
reconsider certain aspects of the
Section 112(n) Revision Rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/28/05 70 FR 62200
06/00/06
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.
Additional Information: SAN No.
4571.3; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-28/a21456.htm;
Split from RIN 2060-AN50. Split from
RIN 2060-AJ65.; EPA Docket
information: OAR-2002-0056
URL For More Information:
www. epa.gov/ttn/atWutility/
utiltoxpg.html
Agency Contact: Robert J Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, RTF, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 20460
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AN53
3037. • NSPS COMBUSTION
TURBINES—SUBPART GG:
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7211
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action is the result of
a settlement agreement with an
industry group on amendments to the
standards of performance for stationary
gas turbines (subpart GG) that we
published on July 8, 2004. We are going
to promulgate a direct final rule to
revise certain provisions to subpart GG
to clarify that the amendments were not
intended to impose new requirements
for existing turbines. Owners and
operators of existing and new turbines
may use emissions monitoring that
meets the pre-existing monitoring
requirements of subpart GG.
Timetable:
Action
Direct Final Action
w/NPRM
Notice: Technical
Corrections
Date FR Cite
02/24/06 71 FR9504
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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23297
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN No.
4681.1; Split from RIN 2060-AK35.
Agency Contact: laime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AN55
3038. • RULE TO REDUCE
INTERSTATE TRANSPORT OF FINE
PARTICULATE MATTER AND OZONE
(CLEAN AIR INTERSTATE RULE):
RECONSIDERATION
Priority: Other Significant
Legal Authority: 42 USC 74lO(a)
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Legal Deadline: Other, Judicial, March
15, 2006, Final must be signed by
3/15/06 so outstanding action on CAIR
is completed by signature date of CAIR
FIP.
Abstract: On May 12, 2005, EPA
published in the Federal Register the
final "Rule to Reduce Interstate
Transport of Fine Particulate Matter
and Ozone" (Clean Air Interstate Rule
or CAIR). The CAIR requires certain
upwind States to reduce emissions of
nitrogen oxides (NOx) and/or sulfur
dioxide (SO2) that significantly
contribute to nonattainment of, or
interfere with maintenance by,
downwind States with respect to the
fine particle and/or 8-hour ozone
national ambient air quality standards.
Subsequently, EPA received 12
petitions for reconsideration of the final
rule. This action will address five
specific issues raised in the petitions.
On December 2, 2005, EPA published
in the Federal Register a notice
announcing its decision to reconsider
four specific issues in the CAIR and
requesting comment on them. The four
issues are: (1) claims regarding alleged
inequities arising from the nethodology
that States choosing to participate in
the CAIR SO2 trading program would
use to allocate sulfur dioxide (SO 2)
emissions allowances to sources; (2)
EPA's use of fuel adjustment factors
(1.0 for coal, 0.6 for oil, and 0.4 for
gas) in establishing State nitrogen
oxides (NOx) budgets; (3) certain inputs
to the fine particle (PM2.5) modeling
used to determine whether Minnesota
should be included in the CAIR region
for PM2.5; and (4) EPA's determination
that Florida should be included in the
CAIR region. On December 29, 2005,
EPA published a supplemental notice
granting reconsideration and seeking
comment on an additional issue
regarding the potential impact of a
recent judicial opinion, New York v.
EPA, 413 F.3d 3 (D.C. Cir. 2005). This
decision vacated the pollution control
project (PCP) exclusion in the New
Source Review (NSR) regulations (the
exclusion allowed for certain
environmentally beneficial PCPs to be
excluded from certain NSR
requirements). The EPA did not
propose any changes to CAIR in these
two initial notices.
Timetable:
Action
Date FR Cite
Reconsideration
Supplemental
reconsideration
Final Action
12/02/05 70 FR 72268
12/29/05 70 FR 77101
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4794.3; EPA publication information:
Supplemental reconsideration -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
29/a24609.htm; Split from RIN 2060-
AL76.
URL For More Information:
www.epa.gov/cair
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-0824
Email: kaufman.kathy@epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919 541-5556
Email: paisie.joe@epa.gov
RIN: 2060-AN57
3039. • AMENDMENT TO TIER 2
VEHICLE EMISSION STANDARDS AND
GASOLINE SULFUR REQUIREMENTS:
EXEMPTION FOR US TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 325(a)(l)
CFR Citation: 40 CFR 80(H)
Legal Deadline: None
Abstract: This rule would exempt the
three Pacific Island Territories—
American Samoa, Guam and the
Commonwealth of the Northern
Mariana Islands (CNMI) from the Tier-
2 rule for vehicle emission and gasoline
sulfur requirements. The Governor of
American Samoa petitioned us for an
exemption from the Tier-2 gasoline
sulfur requirement because of the high
cost, the potential for gasoline
shortages, and minimal air quality
benefits to American Samoa. The
Governors of Guam and CNMI also
want the exemption and enforcement
discretion for similar reasons. The Far
East market, primarily Singapore,
supplies gasoline to the Pacifica Island
Territories. The Tier-2 sulfur standard
effectively requires the importation of
special product runs, which would
increase the cost and could jeopardize
the security of the gasoline supply to
the Pacific Island Territories. The air
quality in American Samoa, Guam, and
CNMI is generally pristine due to the
wet climate, strong prevailing winds,
and the remoteness. Exempting these
Pacific Island Territories from the
gasoline sulfur standard would have
minimal, if any, impact on air quality.
Timetable:
Action
Date
FR Cite
Direct Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5027;
Agency Contact: Alvaro Alvarado,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 202 343-9473
Email: alvarado.alvaro@epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 734 214-4820
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EPA—Clean Air Act (CAA)
Final Rule Stage
Email: cook.leila@epamail.epa.gov
RIN: 2060-AN66
3040. • DETERIORATION FACTOR
PROVISIONS FOR HEAVY-DUTY
DIESEL ENGINE CERTIFICATION AND
PART 86 TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601(a)
CFR Citation: 40 CFR 86.004-28 and
86.007-11
Legal Deadline: None
Abstract: In the 2007 Heavy Duty Rule,
which was signed December 21, 2000,
and published lanuary 18, 2001 (66 FR
5002), EPA promulgated several new
standards for heavy duty engines and
vehicles beginning in model year 2007.
On this rule, under §86.004-28, EPA
specifies the use of an additive
deterioration factor that applies
exclusively to heavy-duty diesel
engines that do not utilize
aftertreatment devices and specifies the
use of a multiplicative deterioration
factor that applies exclusively to heavy-
duty diesel engines that utilize
aftertreatment devices. This limits the
engine manufacturers' choice of
deterioration factor according to the
existence or not of an aftertreatment
device. EPA believes that these heavy-
duty diesel engines should have the
same options of assigning deterioration
factors as nonroad diesel engines
certified under the Tier 4 rule (40 CFR
§1039.240) where the choice of
deterioration factor is independent of
the aftertreatment device. Therefore, we
are finalizing a change to 40 CFR
§86.004-28 that explicitly defines the
deterioration factor provisions
applicable for diesel engines that lets
the engine manufacturers choose
deterioration factors according to their
best engineering judgment to account
engine emissions within the total
compliance limits defined under 40
CFR § 86.007-ll(c) for certified heavy-
duty diesel engines. In this rulemaking
we are also including some technical
amendments to part 86 to correct
typographical errors, revise references,
and remove the old provisions. We are
republishing sec. 86.007-ll(a)(2)(v) to
correct a typographical error in the
equation.
Timetable:
Action
Date FR Cite
Direct Final Action
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5034;
Agency Contact: David Guerrero,
Environmental Protection Agency, Air
and Radiation, OAR, Washington, DC
20460
Phone: 202 564-5458
Email: guerrero.david@epamail.epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
OAR, Washington, DC 20460
Phone: 734 214-1824
Email:
jackson.cleophas@epamail.epa.gov
RIN: 2060-AN70
3041. • PREVENTION OF SIGNIFICANT
DETERIORATION, NONATTAINMENT
NEW SOURCE REVIEW, AND TITLE V:
TREATMENT OF CORN MILLING
FACILITIES UNDER THE "MAJOR
EMITTING FACILITY" DEFINITION
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51,40 CFR 52,
40 CFR 70, 40 CFR 71
Legal Deadline: Other, Statutory,
February 28, 2006, DA committed a
2/28/06 signature on NPRM to Senator
Thune.
Abstract: Given widespread concerns
about our Nation's fuel supply and
Congress's recent recognition of the
enormous role that domestically
produced ethanol can play in reducing
our dependence on foreign oil (by
Congress's enactment of the renewable
fuels standard in the Energy Policy Act
of 2005), EPA will examine the
treatment of ethanol production
facilities under the New Source Review?
and title V operating permit programs.
Specifically, a source emitting greater
than the major source threshold may
be subject to New Source Review,
operating permits, and other
regulations. A source in one of 27 listed
source categories (including chemical
process plants) has a major source
threshold of 100 tons per year.
Conversely, sources not in the one of
the 27 listed source categories have a
major source threshold of 250 tons per
year. EPA will determine through this
rulemaking whether ethanol production
facilities were originally intended to be
in chemical process plants source
category when these categories were
developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/09/06 71 FR 12240
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5049;
Agency Contact: Joanna Swanson,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919 541-5282
Fax: 919 541-5509
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: torn
driscoll/rtp/usepa/us@epamail.epa.gov
RIN: 2060-AN77
3042. • TECHNICAL AMENDMENTS
TO THE HIGHWAY AND NONROAD
DIESEL REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c); 42
USC 7545(i); 42 USC 7414(a); 42 USC
7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This Direct Final Rule will
amend and correct certain provisions of
the Highway and Nonroad Diesel
regulations, including the definition of
a Credit Trading Area for Puerto Rico,
correction to certain dates, the addition
of provisions for biodiesel fuel, and
revision of a sulfur testing adjustment
factor.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5053;
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23299
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Tia Sutton,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4018
Email: sutton.tia@epamail.epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 48105
Phone: 734 214-4264
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AN78
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3043. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
NPRM
Notice
Reproposal
Date
09/08/99
01/26/00
To Be
FR Cite
64 FR 48725
65 FR 4244
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
Formerly listed as RIN 2060-AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
Washington, DC 20460
Phone: 415 947-4106
Fax: 415 947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3044. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Four Corners
Plant, respectively. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date FR Cite
Reproposal To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569;
NPRM-
http://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
Washington, DC 20460
Phone: 415 947-1106
Fax: 415 947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
3045. NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, July
1, 2004.
Abstract: EPA developed technology-
based emissions standards ("MACT"
standards] for this source category
under section 112(d) of the Clean Air
Act, codified in 40 CFR part 63, subpart
DD. The current action, required by
section 112(f) of the Clean Air Act, is
to assess residual risks after compliance
with subpart DD, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4695;
Sectors Affected: 56221 Waste
Treatment and Disposal
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27709
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK68
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23300
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3046. 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
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
3047. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every 5 years.
Abstract: Review? of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review? of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266;
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Email: mckee.dave@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919 541-5271
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
3048. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, -.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/07
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649;
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Washington,
DC 20460
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
3049. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 CAA 109
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23301
EPA—Clean Air Act (CAA)
Long-Term Actions
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy — the
Intervention Level Program — was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review?
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 R 1665). EPA conducted
monitoring to evaluate sources of SO 2
peaks and is currently analyzing these
data. The results of this project will
inform the response to the remand.
Timetable:
Action
Date
FR Cite
11/15/94 59 FR 58958
03/07/95 60 FR 12492
NPRM NAAQS
Review
NPRM NAAQS
implementation
Final NAAQS Review 05/22/96 61 FR 25566
NPRM rev. NAAQS 01/02/97 62 FR 210
impl
Notice resp to remand 05/05/98 63 FR 24782
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002;
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Email: mckee.dave@epa.gov
Susan Stone, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919 541-1146
Email: stone.susan@epa.gov
RIN: 2060-AA61
3050. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND
RESINS-AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues.
Timetable:
Action
Date FR Cite
ANPRM
Direct Final-petjud
rev
NPRM-petjudrev
Direct Final-comp ext
Direct Final-pet rec
equip leaks
NPRM 2
NPRM 3
Direct Final-stay
notice
NPRM-stay notice
Direct FinalOO
NPRMOO
Direct Final 4
Final ActionOI
Direct Final Comp.
NPRM Compliances
Final 1
Final 2
NPRM
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
10/00/07
61
64
64
64
64
64
64
64
64
65
65
65
66
66
66
66
66
FR 59849
FR 11536
FR 11555
FR 2451 1
FR 30406
FR 30453
FR 30456
FR 35023
FR35107
FR52319
FR 52392
FR 64161
FR 11233
FR 11543
FR 1550
FR 36924
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: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AH47
3051. 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
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23302
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
05/16/97 62 FR 27158
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
3052. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart GG.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4653;
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK08
3053. NESHAP: GROUP II POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
12/00/09
NPRM
Final Action
12/00/07
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK13
3054. NESHAP: NATIONAL EMISSION
STANDARDS FOR MARINE TANK
VESSEL LOADING OPERATIONS-
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 19, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart Y.
This source category covers tanks or
ships that contain gasoline, crude oil,
or HAPs in bulk. The current action,
required by section 112(f) of the CAA,
is to assess residual risks from this
same source category, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/08
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4661;
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27711
Phone: 919 541-0837
Fax: 919 541-0246
Email:
markwordt.david@epamail.epa.gov
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
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EPA—Clean Air Act (CAA)
Long-Term Actions
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, C439-03,
RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK17
3055. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, lune
23, 2003, -.
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for secondary lead smelting were
promulgated on June 23, 1995 under
Clean Air Act Section 112(d). The
standards establish emission limitations
and work practice standards for all new
and existing secondary lead smelters
that produce refined lead from lead
scrap, mainly lead acid batteries. Clean
Air Act Section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from secondary lead smelters and to
develop new risk based standards, if
warranted.
Timetable:
Action
Date
FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4665;
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-1039
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
3056. NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 31, 2003, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart II.
This source category covers air-toxic
emissions from the painting (and
associated cleaning), welding, and
sandblasting of ships under
construction or repair at major sources.
Shipbuilding and ship repair operations
means any building, repair, repainting,
converting, or alteration of ships. A
"ship" any marine or freshwater vessel
used for military or commercial
operations, including self-propelled
vessels, and navigational aids (buoys).
The term shipyard applies to any
facility that performs construction or
repair of ships, or self identifies its SIC
Codes as 3731 (and National Security
SIC Code), with no regard to physical
location or type of operation. A 1987
study showed that 14 out of 590
establishments (2.4 percent) accounted
for about 66 percent of the industry
value shipments. We estimate that there
are 52 potential major source facilities
today. The current action, required by
section 112(f) of the CAA, is to assess
residual risks from this same source
category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety. We
completed a preliminary assessment
"Residual Risk (RR) Test" using readily
available information from 10
representative, high emitting, facilities
in December 2002 . A relatively simple
health protective analysis was
performed to assess the emission's
potential to produce chronic cancer and
non-cancer risks and acute non-cancer
risks to humans via the inhalation
pathway. The results of the RR test
showed that we "do not" have
sufficient data to remove the
shipbuilding source category from
consideration for a residual risk rule.
Seven out of the 10 modeled shipyards
either had cancer risk > 1.00 E-6 or
chronic hazard index (HI) = 0.2. The
results were presented to the Work
Group, EPA management, and the
appropriate stakeholders.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/07
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4666;
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK20
3057. NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS-
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 7, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJ.
This source category covers air-toxic
emissions from wood-furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
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23304
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
NPRM
Regulatory Flexibility Analysis
Date FR Cite "squired: Undetermined
05/00/07 Small tntities Affected: Businesses
:i<*viliilitii Anolnoio Government 1 evelfi Affected-
Timetable:
Action
NPRM
Final Action
Date
09/00/08
03/00/10
FR Cite
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4667;
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-1039
Email: dail.lynn@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK21
3058. NESHAP: PRINTING AND
PUBLISHING INDUSTRY—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart KK.
This source category covers air-toxic
emissions from many activities located
at printing and publishing facilities—
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/07
07/00/08
Undetermined
Additional Information: SAN No. 4664;
Sectors Affected: 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
323112 Commercial Flexographic
Printing; 323111 Commercial Gravure
Printing; 322212 Folding Paperboard
Box Manufacturing; 322225 Laminated
Aluminum Foil Manufacturing for
Flexible Packaging Uses; 323119 Other
Commercial Printing; 322223 Plastics,
Foil, and Coated Paper Bag
Manufacturing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK24
3059. NESHAP: PETROLEUM
REFINERIES—RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003, -.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart CC.
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4663;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AK25
3060. NATIONAL EMISSION
STANDARDS FOR CHROMIUM
EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM
ELECTROPLATING AND CHROMIUM
ANODIZING TANKS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
January 25, 2003.
Abstract: A national emission standard
for chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks was
previously promulgated under section
112(d) of the Clean Air Act. That
standard set emission limits for
chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks. The Clean
Air Act Section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from hard and decorative chromium
electroplating and chromium anodizing
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23305
EPA—Clean Air Act (CAA)
Long-Term Actions
tanks and, if warranted, to develop new
risk-based standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/07
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4750;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72
3061. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES- PETITION
TO DELIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the Gas Turbines
source category from the list of
hazardous air pollutant sources under
section 112(c) of the Clean Air Act. The
Agency must review the petition and
either grant or deny the petition within
12 months of the date the complete
petition is received. If the Agency
grants the petition, a notice of proposed
rulemaking will be published in the FR,
allowing the opportunity for public
comment. If the Agency denies the
petition, a notice of denial will be
published in the FR providing an
explanation of the denial.
Timetable:
Action
NPRM— Delisting
NPRM— STAY
Final Action— STAY
Final Action
Date FR Cite
04/07/04 69 FR 18327
04/07/04 69 FR 18338
08/18/04 69 FR 51 184
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-2962
Fax: 919 541-1039
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
3062. NESHAP: GROUP I POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 6, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart U.
This source category covers process
units used to manufacture elastomer
products from raw materials. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4656;
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK12
3063. NESHAP: GROUP IV POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 12, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4658;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
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23306
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK15
3064. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA
203; 42 USC 7525 CAA 206; 42 USC
7541 CAA 207; 42 USC 7542 CAA 208;
42 USC 7601 CAA 301; 42 USC 7522
CAA 203; 42 USC 7550 CAA 216; 42
USC 7601 CAA 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review? of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States;
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/24/94 59 FR 13912
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2665;
Agency Contact: Bob Doyle,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 343-9258
RIN: 2060-AI03
3065. 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 11/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917;
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-1238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3066. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/07
w/NPRM
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
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23307
EPA—Clean Air Act (CAA)
Long-Term Actions
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 NW,
Washington, DC 20460
Phone: 202 564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3067. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations which were published in
the Federal Register on March 29, 2001
(66 FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date
FR Cite
Direct Final Action 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 48105
Phone: 734 214-4287
Email:
brunner.christine@epamail.epa.gov
RIN: 2060-AK56
3068. LIFTING THE STAY OF THE
8-HOUR PORTION OF THE FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT ("NOX SIP CALL")
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245)
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR sec 51.121(a)(2), related to the 8-
hour ozone national ambient air quality
standards (NAAQS). This action does
not create any new requirements; it
merely reinstitutes a requirement of the
NOx SIP Call that had previously been
stayed.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
RTF, NC 20460
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL84
3069. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE THE 2-PIECE
CAN SUBCATEGORY FROM THE
CLEAN AIR ACT HAZARDOUS AIR
POLLUTANT SOURCE CATEGORY
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the 2-piece Can
subcategory from the Metal Can Surface
Coating source category, which is on
the list of hazardous air pollutant
source categories under Section 112(c)
of the Clean Air Act. The Agency must
review? the petition and either grant or
deny the petition within 12 months of
the date the complete petition is
received. If the Agency grants the
petition, a notice of proposed
rulemaking will be published in the FR,
allowing the opportunity for public
comment. If the Agency denies the
petition, a notice of denial will be
published in the FR providing an
explanation of the denial. The Can
Manufacturers Association submitted
the petition on November 4, 1996, and
provided additional materials through
April 4, 1999. At that time we
determined the petition was complete.
Because of the delisting of the HAP
ethylene glycol butyl ether, there are
not expected to be any sources in the
subcategory. Consequently, there would
be no sources subject to standards
under section 112(d) or (f) of the Clean
Air Act. EPA has notified the petitioner
that there appears to be no benefit to
delisting the subcategory, and the
petitioner has tentatively agreed.
However, since EPA has not received
a notification of withdrawal of the
petition, EPA continues to consider this
a long-term action.
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. 4799;
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
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EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL86
3070. NESHAP: FERROALLOYS
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
20, 2007.
Abstract: EPA previously promulgated
technology-based emission standards
for this source category under section
112(d) of the Clean Air Act. The
current action, required by section
112(f) of the Clean Air Act, is to assess
residual risks remaining after the 112(d)
standards take effect, and develop
additional emission standard, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4810;
Agency Contact: Margaret Sieffert,
Environmental Protection Agency, Air
and Radiation, C439-02, Chicago, IL
60604
Phone: 312 353-1151
Email:
sieffert.margaret@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL93
3071. MINERAL WOOL PRODUCTION
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: PL 91-190, sec 203;
42 USC 7401
CFR Citation: 40 CFR 63.1175 to
63.1199
Legal Deadline: None
Abstract: The Mineral Wool NESHAP
(MACT rule) for the mineral wool
production source category was
promulgated on June 1, 1999. Section
112(f)(2) of the Clean Air Act (CAA)
directs us to assess the risk remaining
(residual risk) after the application of
control technology standards under
section 112(d) (MACT). The EPA is to
promulgate more stringent standards for
a category or subcategory of sources
subject to MACT standards under
section 112(d) if promulgation of such
standards is necessary to protect public
health with an ample margin of safety
or to prevent (taking into consideration
various factors) adverse environmental
effects. In particular, the CAA specifies
the cancer risk of concern for setting
more stringent standards. The CAA
states that if the MACT standards do
not reduce lifetime excess cancer risk
to the individual most exposed to
emissions... to less than one in one
million, the Administrator shall
promulgate standards under this
subsection for such source categories.
The standards to be promulgated under
this subsection must provide an ample
margin of safety to protect public
health in accordance with this section
(as in effect before the date of
enactment of the Clean Air Act
Amendments of 1990), unless the
Administrator determines that a more
stringent standard is necessary to
prevent, taking into consideration costs,
energy, safety, and other relevant
factors, an adverse environmental
impact. Section 112(f)(2)(B) expressly
preserves EPA's interpretation of an
ample margin of safety developed in
the 1989 benzene NESHAP final rule.
EPA will review? the mineral wool
production MACT standard and
conduct analyses to determine whether
the residual risk warrants further
regulation. The CAA requires that the
residual risk rules be promulgated (if
necessary) within 8 years [nine for the
2-year bin standards] after the
promulgation of the associated MACT
standard.
Timetable:
Action
Date FR Cite
NPRM
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4825;
Legal: Legislative deadline for the
residual risk rule is 8 years after
promulgation of that source category's
MACT rule.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, RTF, NC
27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AL96
3072. NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
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 1998 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR Part
63, Subpart III. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks that
remain once that standard becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4831;
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Long-Term Actions
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5607
Email: noell.maria@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL99
3073. NESHAP: PHARMACEUTICALS
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
October 21, 2010, Residual risk
standards if necessary, otherwise,
finding of no residual risk.
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1998 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart FFF. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risk that
remains once that rule becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/08
02/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4832;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AMOO
3074. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7522 - 7621
CFR Citation: 40 CFR 92 and 94
Legal Deadline: None
Abstract: Emissions from locomotive
and marine diesel engines contribute
significantly to unhealthful levels of
ambient particulate matter and ozone
in many parts of the United States.
These engines are highly mobile and
are not easily controlled at a State or
local level. EPA currently regulates the
manufacturers of these engines when
they are produced or remanufactured at
a level similar to early 1990s on-
highway diesel trucks. This rulemaking
will propose to set an additional tier
of more stringent particulate matter and
nitrogen oxides emission standards for
new marine diesel engines below 30
liters per cylinder (Category 1 and
Category 2 marine diesel engines) and
new locomotive engines. The standards
under consideration are expected to be
based on the use of high-efficiency
aftertreatment technologies like those
that will be used to meet EPA's recent
heavy-duty and nonroad diesel
standards. These technologies, which
could reduce emissions by 90 percent,
would be enabled by the availability
and use of low sulfur diesel fuel.
Timetable:
Action
Date
FR Cite
ANPRM 06/29/04 69 FR 39276
NPRM 05/00/07
Final Action 05/00/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4871;
Agency Contact: Jean—Marie Revelt,
Environmental Protection Agency, Air
and Radiation, 6401A, Washington, DC
20460
Phone: 734 214-4822
Email: revelt.jean-
marie@epamail.epa.gov
RIN: 2060-AM06
3075. NESHAP: AREA SOURCE
STANDARDS—GLASS
MANUFACTURING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: The Clean Air Act (42
USC 7401 to 7626)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. This
component includes the development
of maximum achievable control
technology (MACT) standards and
generally available control technology
(GACT) standards under section 112(d),
the area source program developed
under section 112(k), residual risk
standards under 112(f), and other
standards to regulate emissions of air
toxics from specific sources. The
section 112(k) area source strategy
addresses area source contributions of
air toxic substances. With the
finalization of the Integrated Urban Air
Toxics Strategy in July of 1999, the
EPA introduced and outlined its "risk
based" air toxics program, which
includes both regulatory and non-
regulatory programs and actions.
Section 112(k) requires the
development of standards for area
sources which account for 90 percent
of the emissions in urban areas of the
33 urban hazardous air pollutants
(HAP) listed in the Integrated Urban
Air Toxics Strategy. The Integrated
Urban Air Toxics Strategy lists the
goals of the EPA's air toxics program,
which are as follows: (1) Reduce the
incidence of cancer attributable to
exposure to hazardous air pollutants by
75 percent nationally; (2) reduce
national non-cancer risks substantially;
and (3) address risks which are
disproportionately posed on specific
sub-populations and geographic areas.
In order to accomplish these goals, the
EPA has integrated its air toxics
program into four components. The
first component is source specific
regulatory programs. These area source
standards can require control levels
which are equivalent to either MACT
or GACT, as defined in section 112.
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EPA—Clean Air Act (CAA)
Long-Term Actions
The processes involved in glass
manufacturing include raw material
storage, handling and mixing, high
temperature (usually furnace) melting,
forming, coating, and other processes
specific to particular products. The
hazardous air pollutants (HAP) emitted
from glass manufacturing includes lead,
arsenic, mercury, cobalt, nickel,
chromium, hydrogen fluoride,
hydrochloric acid, glycol ethers, methyl
ethyl ketone, xylene, 1,2,4-trimethyl
benzene, n-butyl alcohol, toluene,
methyl isobutyl ketone, m-xylene, 1,1-
dichloro-1-fluoroethane, methanol,
selenium, styrene, sec-butyl alcohol,
manganese, antimony, barium, chlorine,
phenol and formaldehyde. In 1986,
EPA promulgated the NESHAP for
Inorganic Arsenic Emissions From
Glass Manufacturing Plants. Since that
time, EPA has re-evaluated both the
carcinogenicity assessment (4/10/1998)
and the oral RfD assessment
(02/01/1993) for arsenic. In reference to
the regulations addressing area sources,
section 112(c)(3) states, "such
regulations shall be promulgated not
later than 10 years after such date of
enactment" (CAA). Approximately 150
facilities currently operate in the US
producing containers, flat glass,
industrial glass fiber and specialty
glass. The specialty glass subcategory
includes lighting, lead crystal, art glass,
opthalmic lenses, tableware, optical
glass fiber, and technical glass
components and products. Two small
businesses exist in the source category,
both of which manufacture containers.
It is unknown at this time whether
these facilities will be affected by the
rule (i.e., whether they use toxic raw
materials in the furnace or coatings
processes). Glass manufacturers use
toxic raw materials in the furnace or
in coating operations to impart specific
properties to the final product. About
1500 tons per year of HAP are released
into the ambient air by glass
manufacturing plants. Toxic emission
sources include raw material storage,
furnace and melting operations and
coating processes. Air pollution control
devices are generally available for toxic
emission points within the glass
manufacturing industry. It is
anticipated at this time that glass
manufacturers not using toxics would
not be subject to the rule.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4873;
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, RTF, NC
27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM12
3076. NESHAP: AREA SOURCE
STANDARDS —
ACRYLIC/MODACRYLIC FIBER (AMF)
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC. 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
September 15, 2005.
Final, Statutory, September 15, 2006.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several small pollution sources
grouped within one site. As part of that
strategy, several area-source categories
were listed for possible regulation.
Acrylic/Modacrylic fiber production
sources was listed as one of those
categories, and this rulemaking will
address measures to control pollution
from AMF facilities. One facility has
been identified.
Timetable:
Action
Date
FR Cite
NPRM
01/00/08
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4860;
There is only one existing facility in
the USA that will be subject to this
rule. The facility is currently meeting
the standards for major sources under
40 CFR 63 Subpart YY.
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27709
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM13
3077. PROTECTION OF
STRATOSPHERIC OZONE:
RESTRICTION ON THE SALES OF
PRE-CHARGED SPLIT SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On January 27, 1995, the
Environmental Protection Agency (EPA)
temporarily stayed the sales and
distribution restriction for class I and
class II ozone-depleting substances
(ODSs) used as refrigerants, as it
applies to refrigerant contained in
appliances without fully assembled
refrigerant circuits (i.e., split system air
conditioners). On May 9, 1995, EPA
extended the stay on the sales and
distribution prohibition for class I and
class II ODSs used as refrigerants, only
as it applies to split systems consisting
of parts that are pre-charged with a
class I or class II ODS. Today's action
proposes to rescind the partial stay, and
proposes to restrict the sale of split
systems consisting of parts that are pre-
charged with a class I or class II ODS,
to section 608 technicians certified in
accordance with the applicable
refrigerant regulations.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4851;
URL For More Information:
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EPA—Clean Air Act (CAA)
Long-Term Actions
www.epa.gov\ozone\title6\608
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM15
3078. NESHAP: OIL AND NATURAL
GAS PRODUCTION RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760-63.779
Legal Deadline: Final, Statutory, June
17, 2007.
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1999 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart HH. The current action,
required by section 112(f) and d(6) of
the Clean Air Act, is to assess residual
risk that remains once that rule
becomes effective, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety; and to review the MACT
standards promulgated in 1999 for
developments in practices, processes
and control technologies and revise, as
necessary, existing standards.
Timetable:
Action
Date FR Cite
NPRM
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4847;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27709
Phone: 919 541-3078
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF , NC 27709
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM18
3079. NESHAP: AREA SOURCE
STANDARDS—INDUSTRIAL
INORGANIC CHEMICALS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from the industrial inorganic
chemicals manufacturing industry. This
source category was listed for
regulation under the Urban Air Toxic
Strategy to address HAP emissions from
area sources.
Timetable:
Action
Date FR Cite
NPRM
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM19
3080. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
originally submitted the petition in
April of 1997. EPA suspended review
of the petition pending the completion
of a 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 NT Board of
Scientific Counselors Technical Reports
Review Subcommittee, which accepted
unanimously the conclusions in the
report that there is some evidence of
carcinogenic activity of MIBK. EPA has
notified the petitioner that further
review of the petition will require that
the petitioner submit information
regarding the relevance of the NTP
study and a risk characterization for the
human risk of cancer from MIBK
exposures, which would include the
derivation of a cancer unit risk
estimate. Given the significant time that
will be necessary to prepare and submit
this information, we are considering the
MIBK petition review? a long-term
action.
Timetable:
Action
Date FR Cite
Notice
NPRM
07/19/04 69 FR 42954
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AM20
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3081. STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This notice describes a
strategy for addressing air emissions
from animal feeding operations (AFOs).
In this notice, we summarize the public
concerns that have been raised about
emissions from AFOs and explain the
substantial scientific uncertainties
pertaining to emission levels, public
health and welfare effects, and
emission control techniques for this
industry. Resolving all the uncertainties
will require substantial time and
research. Nevertheless, some cost
effective management practices for
reducing emissions are available today,
and the use of these practices will
mitigate some of the adverse effects of
these emissions. Early public input is
sought on a set of goals for an emission
control program for AFOs and on an
intended regulatory approach to begin
reducing AFO emissions and solving
some of the environmental problems
based on information that is available
today.
Timetable:
Action
Date FR Cite
NPRM
05/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4865;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Email: schrock.bill@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM26
3082. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. The Integrated Urban Air
Toxics Strategy lists plating and
polishing as an area source category.
Timetable:
Action
Date FR Cite
NPRM
03/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4886;
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, MD-C439-02, RTF, NC
27711
Phone: 919 541-5251
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
3083. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
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.
Timetable:
Action
Date
FR Cite
NPRM
04/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4884;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, RTF, NC
20460
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
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EPA—Clean Air Act (CAA)
Long-Term Actions
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
3084. 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 10/27/03 (68
FR 61248). The action summarized
here, SAN 4676.3, when finalized, will
establish a regulatory definition for
maintenance and repair activities (that
are not equipment replacements) that
qualify for the RMRR Exclusion from
Major NSR. We previously proposed
options for this SAN in our RMRR
proposal on 12/31/02 (67 FR 80920).
However, this action will propose and
take comments on an additional
approach.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-0503
Fax: 919 541-5509
Email: akhtar.jabeen@epamail.epa.gov
David Painter, Environmental
Protection Agency, Air and Radiation,
C339-03, Washington, DC 20460
Phone: 919 541-5515
Email: painter.david@epamail.epa.gov
RIN: 2060-AM62
3085. 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 part 60; 40 CFR
part 61
Legal Deadline: None
Abstract: Meeting with new Division
Director will be scheduled after office
reorganization is complete. Next steps
to be decided during that meeting.
Timetable:
Action
ANPRM
60 day extension to
public comment
period 1
NPRM
Date FR Cite
02/16/05 70 FR 7905
04/15/05 70 FR 19914
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4699.1; Split from RIN 2060-AK29;
Individual Document id in the EPA
docket: http://www.epa.gov/edocket
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, C330-02, Research
Triangle Park, NC 27711
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Peter Westlin, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AM63
3086. AREA SOURCE NESHAP FOR
PRIMARY NONFERROUS METALS -
ZN, CD, BE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: Final, Statutory,
November 30, 2000.
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 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. There are 2 primary zinc
smelters in the U.S. which process zinc
sulfide ore concentrates to produce
metallic zinc or zinc oxide. Currently,
only one company produces primary
cadmium as a by-product of smelting
and refining zinc metal from sulfide
ore. One of these facilities will shut
down in February 2006. There are
currently no producers of primary
beryllium in the U.S. Pollutants of
interest for the Primary Nonferrous
Metals -Zn, Cd, Be Area Source
NESHAP are cadmium, lead, and
nickel.
Timetable:
Action
Date FR Cite
NPRM
04/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4887;
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
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EPA—Clean Air Act (CAA)
Long-Term Actions
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM69
3087. AREA SOURCE NESHAP FOR
SECONDARY NONFERROUS METALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) requires the development of
standards for area sources which
account for 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The secondary nonferrous metals
source category includes establishments
primarily engaged in recovering
nonferrous metals and alloys from new
and used scrap and dross or in
producing alloys from purchased
refined metals. This industry includes
establishments engaged in both the
recovery and alloying of precious
metals. Plants engaged in the recovery
of tin through secondary smelting and
refining, as well as by chemical
processes, are included in this industry.
Secondary refining and smelting
produces metals from scrap and process
waste. Scrap is bits and pieces of metal
parts, bars, turnings, sheets, and wire
that are off-specification or worn-out
but are capable of being recycled. Two
metal recovery technologies are
generally used to produce refined
metals. Pyrometallurgical technologies
are processes that use heat to separate
desired metals from other less or
undesirable materials, while
hydrometallurgical technologies the
desired metals are separated from
undesirables using techniques that
capitalize on differences between
constituent solubilities and/or
electrochemical properties while in
aqueous solutions. The secondary
nonferrous metals source category is
listed to address some of the urban
metal HAP's like lead and chromium
compounds in addition to arsenic.
Timetable:
Action
Date
FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4888;
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-1039
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
3088. NESHAP: PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)—
AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: These standards are being
developed under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP or 25 tons/year of all
HAP. As part of that strategy, several
area-source categories were listed for
regulation. Plastic parts and products
was listed as one of those categories,
and these standards will establish
requirements to control pollution from
facilities engaged in the surface coating
of miscellaneous parts and products
comprised of metal and plastic
substrates. Plastic parts and products
surface coating facilities are known to
emit cadmium compounds, chromium
compounds, lead compounds,
manganese compounds, and nickel
compounds. In 2004, EPA promulgated
national emission standards for
hazardous air pollutants (NESHAP) for
major sources engaged in the surface
coating of plastic parts and products.
Timetable:
Action
Date FR Cite
NPRM
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4955;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN08
3089. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES IN
FOAM BLOWING
Priority: Other Significant
Legal Authority: Clean Air Act Section
612
CFR Citation: 40 CFR part 82
Legal Deadline: None
Abstract: EPA is initiating this
rulemaking in response to a DC Circuit
action. In July 2004, the DC Circuit
Court vacated a portion of an SNAP
Final Rule published on July 22, 2002
(67 FR 47703). This rule responds to
that vacature and would rule on the
use of HCFC-22 and -142b as
substitutes for HCFC-141b in foam
blowing. This rule will address effects
of stratospheric ozone depletion and
health and environmental impacts of
substitutes for ozone-depleting
substances. The ultimate impact will be
to reduce skin cancer, cataracts, and
other adverse impacts of ozone
depletion.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/04/05 70 FR 67120
04/00/07
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23315
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4959;
URL For More Information:
www.epa.gov\ozone\title6
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
leff Cohen, Environmental Protection
Agency, Air and Radiation, 62051,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-ANll
3090. ADVANCE NOTICE FOR
INFORMATION ON DETERMINING THE
EMISSIONS REDUCTIONS ACHIEVED
FROM LIMITING THE VOC CONTENT
OF ARCHITECTURAL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: CAAA section 110
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action is an Advanced
Notice of Proposed Rulemaking
(ANPRM) to discuss and take comment
on approaches for calculating emission
reductions from the national
architectural and Industrial
maintenance (AIM) coating rule and
other architectural rules. Review? of the
comments received could result in a
rule or policy guidance on calculation
methodology.
Timetable:
Action
Date
FR Cite
ANPRM
Comment Period
Extended
Second Comment
Period Extended
NPRM
08/31/05 70 FR 51694
10/13/05 70 FR 59680
12/20/05 70 FR 75439
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5009;
Agency Contact: David Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epa.gov
Marcia Spink, Environmental
Protection Agency, Air and Radiation,
3AP20, Research Triangle Park, NC
27705
Phone: 215 814-2104
Fax: 215 814-2124
Email: spink.marcia@epa.gov
RIN: 2060-AN42
3091. NESHAP: AREA SOURCE
STANDARDS—LEAD ACID BATTERY
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on luly 19, 1999, and
listed Lead Acid Battery Manufacturing
as one of the area source categories
emitting at least one of the urban HAPs.
As such, EPA is required to subject the
Lead Acid Battery Manufacturing
source category to regulations issued
under Section 112(d). This rulemaking
will satisfy this mandate.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5012;
Agency Contact: Bob Schell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN44
3092. NESHAP: AREA SOURCE
STANDARDS—PRIMARY AND
SECONDARY COPPER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on luly 19, 1999, and
listed Primary and Secondary Copper
Smelters as area source categories
emitting at least one of the urban HAPs.
As such, EPA is required to subject
Primary and Secondary Copper
Smelters to regulations issued under
section 112(d). This rulemaking will
satisfy this mandate. There has only
been one primary copper smelting
facility identified in the U.S. that is not
subject to the Primary Copper part 63
MACT Standard. This source is a
continuous process with well
controlled emission points. There are
currently no operating secondary
copper smelters in the U.S.
Timetable:
Action
Date
FR Cite
NPRM 10/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5013;
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EPA—Clean Air Act (CAA)
Long-Term Actions
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
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27709
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN45
3093. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5015;
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, RTF, NC
27709
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AN46
3094. NESHAP: AREA SOURCE
STANDARDS—PAINT AND ALLIED
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
Paint and Allied Products industry.
This source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM 01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016;
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, RTF, NC
27709
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-04,
RTF, NC 27711
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AN47
3095. • PETROLEUM REFINERIES-
NEW SOURCE PERFORMANCE
STANDARDS (NSPS)—SUBPART J
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, April
28, 2007, Lawsuit by Sierra Club and
Our Children's Earth Foundation.
Final, Judicial, April 28, 2008, Lawsuit
by Sierra Club and Our Children's
Earth Foundation.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act requires EPA to review
new source performance standards at
least every 8 years. Under this project,
we will review? and , if appropriate,
revise the new source performance
standards for petroleum refineries
(subpart J in part 60). We will
determine if actual emission reductions
currently being achieved due to other
programs are greater than the
requirements in the current NSPS
standards, and whether the current
standards should be revised.
Action
Date
FR Cite
NPRM
Final Action
04/00/07
04/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5036;
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, RTF, NC 27709
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN72
3096. • REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial,
February 1, 2008, internal deadline to
facilitate meeting court-ordered date
for final rulemaking for the proposed
rule is May 1, 2008.
Final, Judicial, September 1, 2008,
court-ordered schedule.
Abstract: On October 5, 1978 the EPA
promulgated primary and secondary
NAAQS for lead under section 109 of
the Act (43 FR 46258). Both primary
and secondary standards were set at a
level of 1.5 |J.g/m3as a quarterly average
(maximum arithmetic mean averaged
over a calendar quarter). Subsequent to
this initial standard-setting, the Clean
Air Act requires that the standard be
reviewed periodically. The last such
review occurred during the period
1986-1990. For that review, an Air
Quality Criteria Document (AQCD) was
completed in 1986 with a supplement
in 1990. Based on information
contained in the AQCD, an EPA Staff
Paper and Exposure Assessment were
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
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EPA—Clean Air Act (CAA)
Long-Term Actions
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 is was
released December 1, 2005. The EPA
Office of Air Quality Planning and
Standards will prepare a Staff Paper for
the Administrator, which will evaluate
the policy implications of the key
studies and scientific information
contained in the AQCD and additional
technical analyses, and identify critical
elements that EPA staff believe should
be considered in reviewing the
standards. The AQCD and Staff Paper
will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public, and both final
documents will reflect the input
received through these reviews. As the
lead NAAQS review? is completed, the
Administrator's proposal to reaffirm or
revise the lead NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/08
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5059;
Agency Contact: Ginger Tennant,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-4072
Fax: 919 541-0237
Email: tennant.ginger@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN83
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3097. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Other Significant
CFR Citation: 40 CFR 68.130
Completed:
Reason
Date
FR Cite
Withdrawn
02/22/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Kathy Franklin
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE96
3098. REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40 CFR PART 51): ADOPTION
OF A PREFERRED GENERAL
PURPOSE (FLAT AND COMPLEX
TERRAIN) DISPERSION MODEL AND
OTHER REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
NPRM
Notice of Data
Availability
Final Action
04/21/00 65 FR 21505
09/08/03 68 FR 52934
11/09/05 70 FR 68218
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Tyler Fox
Phone: 919 541-5562
Email: fox.tyler@epamail.epa.gov
Mark Evangelista
Phone: 919 541-2803
Email: evangelista.mark@epa.gov
RIN: 2060-AK60
3099. NSPS AND EMISSION
GUIDELINES FOR OTHER SOLID
WASTE INCINERATORS
Priority: Other Significant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Notice 08/28/00 65 FR 52058
Prop. Stds& Guidance 11/09/00 65 FR 67357
NPRM 12/09/04 69 FR 71472
Final Action 12/16/05 70 FR 74870
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Brian Shrager
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AG31
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EPA—Clean Air Act (CAA)
Completed Actions
3100. PERFORMANCE
SPECIFICATION 16-
SPECIFICATIONS AND TEST
PROCEDURES FOR PREDICTIVE
EMISSION MONITORING SYSTEMS IN
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM 08/08/05 70 FR 45608
Final Action 11/01/05 70 FR 65873
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Foston Curtis
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
3101. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C); 40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Completed:
Reason
Date
FR Cite
Withdrawn 04/06/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Martha Smith
Phone: 919 541-2421
Email: smith.martha@epamail.epa.gov
Kent Hustvedt
Phone: 919 541-5395
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AJ41
3102. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 12/19/05 70 FR 75047
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mark Morris
Phone: 919 541-5416
Email: morris.mark@epamail.epa.gov
Dave Guinnup
Phone: 919 541-5368
Email: guinnup.dave@epamail.epa.gov
RIN:2060-AI72
3103. NESHAP FOR PRIMARY
ALUMINUM REDUCTION PLANTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR Part 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/17/03 68 FR 12645
11/02/05 70 FR 66280
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Fruh
Phone: 919 541-2837
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK50
3104. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52; 40 CFR 97
Completed:
Reason
Date
FR Cite
Withdrawn 02/01/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-1039
Email: oldham.carla@epamail.epa.gov
David Cole
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AI99
3105. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn 02/01/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Good
Phone: 734 214-4450
Email: good.david@epamail.epa.gov
RIN: 2060-AH34
3106. EMISSIONS DURABILITY
PROCEDURES FOR NEW
LIGHT-DUTY VEHICLES &
LIGHT-DUTY TRUCKS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR Part 86
Completed:
Reason
Date
FR Cite
NPRM
Direct Final/NPRM
04/02/04 69 FR 17532
01/17/06 71 FR2810
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Linda Hormes
Phone: 734 214-4502
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AK76
3107. SELECTION OF SEQUENCE OF
MANDATORY SANCTIONS TO BE
APPLIED PURSUANT TO SECTION
502 OF THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70
Completed:
Reason
Date
FR Cite
Withdrawn
02/03/06
Regulatory Flexibility Analysis
Required: No
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23319
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Completed Actions
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Scott Voorhees
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Ray Vogel
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AK46
3108. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Final Action
09/21/05 70 FR 55480
12/29/05 70 FR 77042
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Ross Brennan
Phone: 202 343-9226
Fax: 202 565-2079
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AK45
3109. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 85
Completed:
Reason
Date
FR Cite
Withdrawn 01/31/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: David Sosnowski
Phone: 734 214-4823
Fax: 734
Email:
sosnowski.david@epamail.epa.gov
RIN: 2060-AE20
3110. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Withdrawn
01/31/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: David Sosnowski
Phone: 734 214-1823
Fax: 734
Email:
sosnowski.david@epamail.epa.gov
RIN: 2060-AE22
3111. ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.3l(b); 40 CFR
87.82; 40 CFR 87.89
Completed:
Reason
Date
FR Cite
NPRM
Final Action
09/30/03 68 FR 56226
11/17/05 70 FR 69664
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Bryan Manning
Phone: 734 214-4832
Email: manning.bryan@epamail.epa.gov
RIN: 2060-AK01
3112. REGULATION OF FUEL AND
FUEL ADDITIVES: EXTENSION OF
CALIFORNIA ENFORCEMENT
EXEMPTIONS FOR REFORMULATED
GASOLINE TO CALIFORNIA PHASE 3
GASOLINE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.81
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/11/04 69 FR 48827
12/21/05 70 FR 75914
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Anne—Marie
Pastorkovich
Phone: 202 343-9623
Email: pastorkovich.anne-
marie@epamail.epa.gov
Dave Kortum
Phone: 202 343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AK04
3113. AMENDMENTS TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Direct Final Action 1
Final Action 2
11/05/01 66 FR 55885
11/14/05 70 FR 69240
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jeff Herzog
Phone: 734 214-4227
Email: herzog.jeff@epamail.epa.gov
Andrea Medici
Phone: 202 564-5634
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AK62
3114. REVISION TO POLICY ON
CONTROL OF VOLATILE ORGANIC
COMPOUNDS (VOC)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 5l.lOO(s)
Completed:
Reason
Date
FR Cite
09/13/05 70 FR 54047
Notice of Interim
Guidance
Regulatory Flexibility Analysis
Required: No
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EPA—Clean Air Act (CAA)
Completed Actions
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: William L. lohnson
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Terry Keating
Phone: 202 564-1174
Email: keating.terry@epa.gov
RIN: 2060-AK75
3115. REGULATION OF FUELS AND
FUEL ADDITIVES: MODIFICATIONS TO
STANDARDS AND REQUIREMENTS
FOR REFORMULATED AND
CONVENTIONAL GASOLINE
INCLUDING BUTANE BLENDERS AND
ATTEST ENGAGEMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
12/31/97 62 FR 68196
12/15/05 70 FR 74552
Final (Partial)
Direct Final Action
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Marilyn Bennett
Phone: 202 343-9624
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
3116. VOLUNTARY SUPERIOR
MONITORING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 to 61; 40 CFR
63; 40 CFR 70; 40 CFR 71
Completed:
Reason
Date
FR Cite
Withdrawn 02/03/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Tom Driscoll
Phone: 919 541-5135
Fax: 919 541-5509
Email: torn
driscoll/rtp/usepa/us@epamail.epa.gov
Barrett Parker
Phone: 919 541-5365
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AK85
3117. DEFERRAL OF EFFECTIVE
DATE OF NONATTAINMENT
DESIGNATIONS FOR 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR EARLY ACTION
COMPACT AREAS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
NPRM
Final Action
Final Action 2
Date
12/16/03
04/30/04
08/29/05
FR Cite
68 FR 701 08
69 FR 23858
70 FR 50988
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Agency Contact: David Cole
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
Barbara Driscoll
Phone: 919 541-3310
Fax: 919 541-1051
Email: driscoll.barbara@epa.gov
RIN: 2060-AL85
3118. NESHAP: SURFACE COATING
OF METAL CANS — TECHNICAL
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Final Action 01/06/06 71 FR 1378
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Paul Almodovar
Phone: 919 541-0283
Email:
almodovar.paul@epamail.epa.gov
Elaine Manning
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AM28
3119. EXEMPTION OF CERTAIN AREA
SOURCES FROM TITLE V OPERATING
PERMIT PROGRAMS
Priority: Other Significant
CFR Citation: 40 CFR Part 70, 40 CFR
part 71, and 40 CFR pa
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/25/05 70 FR 15250
12/19/05 70 FR 75320
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Jeff Herring
Phone: 919 541-3195
Fax: 919 541-5509
Email: herring.jeff@epamail.epa.gov
Ray Vogel
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AM31
3120. REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL TEST METHODS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.46(a)(l); 40
CFR 80.46(a)(2); 40 CFR 80.46(f)(3)(i);
40 CFR 80.46(g)(2)(i); 40 CFR
80.580(a)(2)(i); 40 CFR 80.580(a)(3)(ii)
Completed:
Reason
Date
FR Cite
Direct Final Action 04/03/06 71 FR 16492
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Joe Sopata
Phone: 202 343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
Dave Kortum
Phone: 202 343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AM42
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Completed Actions
3121. PROTECTION OF
STRATOSPHERIC OZONE:
EXTENSION OF THE LABORATORY
AND ANALYTICAL USE EXEMPTION
FOR ESSENTIAL CLASS I OZONE
DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date FR Cite
NPRM
Final Action
05/13/05 70 FR 25726
12/29/05 70 FR 77048
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AM56
3122. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
COATING MANUFACTURING;
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
NPRM
Direct Final Action
Withdrawal Notice
Final Action
Date FR Cite
05/13/05 70 FR 25684
05/13/05 70 FR 25676
07/06/05 70 FR 38780
12/21/05 70 FR 75924
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM72
3123. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With 02/01/06
2060-AN05, SAN
4911.1
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Kissell
Phone: 919 541-1516
Email: kissell.mary@epa.gov
K.C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM78
3124. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) FOR
STATIONARY COMBUSTION
TURBINES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/18/05 70 FR 8314
02/24/06 71 FR 9453
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Christian Fellner
Phone: 919 541-1003
Email:
fellner.christian@epamail.epa.gov
Jaime Pagan
Phone: 919 541-5340
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM79
3125. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY STEAM GENERATING UNITS
AND INDUSTRIAL AND COMMERCIAL
BOILERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM 02/28/05 70 FR 9706
Final Action 02/27/06 71 FR 9866
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Christian Fellner
Phone: 919 541-4003
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM80
3126. AMENDMENTS TO
COMPLIANCE CERTIFICATION
REQUIREMENTS FOR STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS; CORRECTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70.6 (correction);
40 CFR 71.6 (correction)
Completed:
Reason
Date
FR Cite
Withdrawn 02/23/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Grecia Castro
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Michael Ling
Phone: 919 541-4729
Fax: 919 541-0804
Email: ling.michael@epamail.epa.gov
RIN: 2060-AM92
3127. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING;
RECONSIDERATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Notice of 04/22/05 70 FR 21094
Reconsideration
Final Action 11/17/05 70 FR 69655
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Robert} Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM94
3128. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS;
RECONSIDERATION NOTICE
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Reconsideration
Notice
Final Action
06/27/05 70 FR 36907
12/28/05 70 FR 76918
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Agency Contact: Jim Eddinger
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM97
3129. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUNDS
- REMOVAL OF VOC EXEMPTIONS
FOR CALIFORNIA'S AEROSOL
COATINGS REACTIVITY-BASED
REGULATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
NPRM
Final Action
01/07/05 70 FR 1640
09/13/05 70 FR 53930
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Stanley Tong
Phone: 415 947-1122
Fax: 415 947-3579
Email: tong.stanley@epamail.epa.gov
William L. Johnson
Phone: 919 541-5245
Fax: 919 541-0824
Email: Johnson.williaml@epa.gov
RIN: 2060-AM98
3130. PM 2.5 & PM10 HOT-SPOT
ANALYSES IN TRANSPORTATION
CONFORMITY RULE AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 51 and 93
Completed:
Reason
Date
FR Cite
Final Action 03/10/06 71 FR 12468
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Agency Contact: Rudolph Kapichak
Phone: 734 214-1574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry
Phone: 734 214-1858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN02
3131. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS; LIST
OF HAZARDOUS AIR POLLUTANTS,
LESSER QUANTITY DESIGNATIONS,
SOURCE CATEGORY LIST;
RECONSIDERATION; FINAL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Reconsideration
Notice
Final Action
07/29/05 70 FR 44012
02/16/06 71 FR8342
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Kissell
Phone: 919 541-4516
Email: kissell.mary@epa.gov
K.C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN05
3132. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE FOR THE 2005
SUPPLEMENTAL REQUEST
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Final Rule 12/13/05 70 FR 73604
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AN13
3133. PROTECTION OF
STRATOSPHERIC OZONE: THE 2006
CRITICAL USE EXEMPTION RULE
FROM THE PHASEOUT OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/27/05 70 FR 62030
02/06/06 71 FR5985
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23323
EPA—Clean Air Act (CAA)
Completed Actions
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AN18
3134. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS—PHASE 2
Priority: Other Significant
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Completed:
Reason
Date
FR Cite
Final Action - Phase 11/29/05 70 FR 71612
2
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Agency Contact: lohn Silvasi
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN23
3135. COMMERCIAL AND INDUSTRIAL
SOLID WASTE INCINERATORS NSPS
AND EG: DEFINITIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Final Action
09/22/05 70 FR 55568
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Brian Shrager
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Related RIN: Related to 2060-AF91
RIN: 2060-AN31
3136. NESHAP: SECONDARY
ALUMINUM PRODUCTION -
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1500
Completed:
Reason
Date
FR Cite
Direct Final Action 10/03/05 70 FR 57513
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rick Colyer
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie
Phone: 919 541-5356
Fax: 919 541-3207
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AN38
3137. REVISIONS TO MOTOR
VEHICLE DIESEL FUEL SULFUR
TRANSITION PROVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Direct Final Action 11/22/05 70 FR 70498
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tad Wysor
Phone: 734 214-1332
Email: wysor.tad@epa.gov
Paul Machiele
Phone: 734 214-1264
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AN41
3138. RENEWABLE FUEL
STANDARDS REQUIREMENTS FOR
2006
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Duplicate of RIN
2060-AN64, SAN
5024
03/09/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Barry Garelick
Phone: 202 343-9028
Fax: 202 343-2802
Email: garelick.barry@epa.gov
David Korotney
Phone: 734 214-4507
Fax: 734 214-4050
Email:
korotney.david@epamail.epa.gov;
RIN: 2060-AN51
3139. • REVISION OF 112 FINDING
RECONSIDERATION
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 03/09/06
AN53, SAN 4571.3
RIN: 2060-AN52
3140. • FINDINGS OF FAILURE TO
SUBMIT REQUIRED STATE
IMPLEMENTATION PLANS FOR
PHASE II OF THE NOX SIP CALL
Priority: Other Significant
Legal Authority: 42 USC 74lO(a)(2)(D);
42 USC 7410(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: The EPA is taking final
action making findings, under the
Clean Air Act (CAA), that Indiana,
Illinois, Kentucky, Michigan, and
Virginia failed to make complete State
Implementation Plan (SIP) submittals
required under the CAA. Under the
CAA and Phase II of EPA's nitrogen
oxides (NOx) SIP Call regulations, these
States were required to submit SIP
measures providing for reductions in
the emissions of NOx, an ozone
precursor. Publication of this notice
defines the start of a clock for EPA to
develop a Federal implementation plan
under section 110(c) of the Clean Air
Act.
Timetable:
Action
Date FR Cite
Final Action 02/08/06 71 FR 6347
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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23324
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: Local,
State
Additional Information: SAN No.
4433.1; EPA publication information:
Final Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-08/all75.htm;
Split from RIN 2060-A116.
Agency Contact: Ian King,
Environmental Protection Agency, Air
and Radiation, C539-02, RTF, NC
27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539-02, RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-1039
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AN56
3141. • RENEWABLE FUEL
STANDARDS REQUIREMENTS FOR
2006
Priority: Other Significant
Legal Authority: PL 109-58, sec 1501
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: The Energy Policy Act of
2005 (the "Act"), signed into law on
August 8, 2005, requires EPA to
promulgate regulations implementing
the Renewable Fuels Standard (RFS)
within 1 year of enactment. The RFS
requires specific volumes of renewable
fuel to be in gasoline sold in the U.S.
starting with 4.0 billion gal/yr in 2006
up to 7.5 billion gal/yr in 2012. The
Act provides that if EPA fails to
promulgate regulations within one year,
then a default value of 2.78 percent
renewable fuel in gasoline will be in
effect for 2006. This statutory provision
is subject to multiple interpretations of
key terms. The "Renewable Fuel
Standard Requirements for 2006" that
we are proposing will [provide the
means to implement] interpret the
default provision so that it can be
implemented with certainty in the
event EPA fails to promulgate the RFS
within 1 year of enactment. It provides
for refiners, importers and blenders to
meet the 2.78 percent requirement
collectively, rather than on an
individual basis. Since our projections
show that this value is highly likely
to be met in 2006 under planned
practices of the refining industry, we
do not anticipate any impacts on the
industry in general, nor any on small
businesses. It will have no effect on
State, local or tribal governments.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/30/05 70 FR 77325
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5024;
EPA publication information: Direct
Final Action w/NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
30/a24611.htm;
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20005
Phone: 202 343-9028
Fax: 202 343-2802
Email: garelick.barry@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 48104
Phone: 734 214-1507
Fax: 734 214-4050
Email:
korotney.david@epamail.epa.gov;
RIN: 2060-AN64
3142. • AMENDMENTS TO THE TIER 2
MOTOR VEHICLE EMISSION
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title II
CFR Citation: 40 CFR 86.1811
Legal Deadline: None
Abstract: This action includes minor
technical amendments to existing
regulations that are consistent with our
intention, under the original Tier 2
highway rule, to provide interim
flexibilities for clean diesels in the
passenger car market. The action will
provide an alternative compliance
option for a very limited set of NOx
standards (high altitude and high
speed/hard acceleration) and will
maintain environmental neutrality via
requirements for longer useful life and
more stringent PM standards for
vehicles using the option. The
alternative compliance options will last
for only 3 model years during which
time advancements in diesel emissions
control technologies can be further
developed.
Timetable:
Action
Date
FR Cite
Direct Final Action 03/30/06 71 FR 16053
w/NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5028;
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
and Radiation, ASD, Washington, DC
48105
Phone: 734 214-4405
Email: sherwood.todd@epamail.epa.gov
Robin Moran, Environmental Protection
Agency, Air and Radiation, ASD,
Washington, DC 48105
Phone: 734 214-4781
Email: moran.robin@epamail.epa.gov
RIN: 2060-AN67
3143. • APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS; MAINE;
NOX EXEMPTION REQUEST FOR
NORTHERN MAINE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 00 CFR 00
Legal Deadline: None
Abstract: Under the 1-hour ozone
standard, EPA granted a NOx waiver
in 1995 to certain areas in northern
Maine. These northern areas have
always been in attainment for ozone,
but had certain NOx obligations
because Maine is in the Ozone
Transport Region (OTR). A NOx waiver
allows major sources of NOx to be
exempt from the OTR New Source
Review (NSR) and Reasonably
Available Control Technology (RACT)
requirements. Under the 8-hour ozone
implementation policy, Maine needs to
reapply for a NOx waiver in these
areas, or NSR and RACT will be
applicable again in northern Maine. In
order to be granted a waiver by EPA,
Maine needs to demonstrate that
emissions of NOx in these areas do not
cause or contribute to ozone
nonattainment anywhere in the OTR.
Maine submitted its most recent NOx
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23325
EPA—Clean Air Act (CAA)
Completed Actions
waiver petition to EPA on March 28,
2005. The Administrator must approve
all NOx waiver requests. This has not
been delegated to the regions.
Timetable:
Action
Date
FR Cite
Final Action 02/03/06 71 FR 5791
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5026;
EPA publication information: Final
Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/February/Day-03/a984.htm;
Agency Contact: Richard Burkhart,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 617 918-1664
Email:
burkhart.richard@epamail.epa.gov
Alease Wright, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone: 202 564-7276
Email: wright.alease@epamail.epa.gov
RIN: 2060-AN79
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
3144. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking was
issued to solicit early public input on
this issue.
Timetable:
Action
Date
FR Cite
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
3145. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR PART
190, SUBPART B AND 40 CFR 191,
SUBPART A
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
ANPRM
NPRM
11/18/03 68 FR 65120
06/00/07
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste. The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report 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
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003;
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@epa.gov
RIN: 2060-AH90
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23326
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3146. • 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: Prions (proteinaceous
infectious particles) are considered to
be pests under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The Agency is considering
whether to propose a rule to amend an
existing regulation that lists what
organisms are pests, in order to make
clear that prions are pests, and that a
product or mixture of substances
intended to prevent, destroy, repel or
mitigate prions would be considered to
be a pesticide subject to regulation
under FIFRA. The Agency may issue
an ANPRM to seek comment and foster
discussion of this issue.
Timetable:
Action
Date
FR Cite
ANPRM
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4985;
Agency Contact: Carlton Kempter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703 305-5448
Fax: 703 305-6467
Email: kempter.carlton@epa.gov
RIN: 2070-AJ26
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3147. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will also clarify the data
requirements for all antimicrobials to
reflect current practice.
Timetable:
Action
Date FR Cite
NPRM
12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data.htm
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD30
3148. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat protein
genes to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat protein
genes from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
2001 Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Reproposal 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23327
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
URL For More Information:
http://www.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Melissa Kramer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8497
Fax: 202 564-8502
Email: kramer.melissa@epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8488
Fax: 202 564-8502
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
3149. • PESTICIDES: DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a; 7 USC
136w
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA intends to propose
codifying data requirements for the
pesticide registration of plant-
incorporated protectants (PIPs). These
data requirements are intended to
provide EPA with data and other
information necessary for the
registration of PIPs. These requirements
would improve the Agency's ability to
make regulatory decisions about the
human health and environmental
effects of these products. By codifying
data requirements specific to PIPs, the
regulated community would have a
better understanding of and could
better prepare for the registration
process. This proposed rule is one in
a series of proposals to update and
clarify pesticide data requirements.
EPA has proposed data requirements
for conventional pesticides (70 FR
12276; March 11, 2005) and is
developing data requirements specific
to antimicrobial, biochemical, and
microbial pesticides.
Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 5005;
Agency Contact: Kristen Brush,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-0308
Email: brush.kristen@epa.gov
William Schneider, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703 308-8683
Fax: 703 308-7026
Email: schneider.william@epa.gov
RIN:2070-AJ27
3150. • 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.
Timetable:
Action
Date FR Cite
NPRM
08/00/06
Action
Date
FR Cite
NPRM
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5031;
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, 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, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AJ28
3151. • PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: EPA will propose to require
that large pesticide manufacturers of
agricultural pesticides and specialty
chemicals support (either manage and
operate or contract with another
organization) a container recycling
program that meets the standards of the
American National Standards Institute
(ANSI). The registrant's level of support
for the program would be proportional
to the quantity of disposable plastic
containers he introduces into the
marketplace. The proposed regulation
will ensure the continued operation of
an existing but endangered nationwide
infrastructure for voluntary recycling of
plastic pesticide containers. Recycling
of pesticide containers will continue to
be voluntary for farmers and dealers.
The proposed regulation has the
support of pesticide registrants, state
regulators and agricultural retailers and
dealers. The existing voluntary
program, with an annual budget of less
than $4 million, has successfully
recycled over 80 million pounds of
plastic pesticide containers over the
past 12 years. The program is not self-
sustainable and is in danger of collapse
in spite of a nationwide infrastructure.
This proposed rule would have
minimal additional cost imposed on
registrants (less than $5 million), would
have no cost for small businesses.
Companies meeting the SBA definition
of <500 employees would be exempt.
Companies would be required to obtain
third-party certification and keep
records of compliance. The rule would
rely on a technical standard developed
with broad stakeholder support by the
American Society of Agricultural and
Biological Engineers (ASABE) and
approved by ANSI. The technical
standard specifies management
practices for effectiveness and safety in
the handling, cleaning and recycling of
used non-refillable, high density
polyethylene containers up to 56
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23328
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
gallons in size that originally held
pesticides labeled for agriculture,
forestry, professional specialty
pesticides (for turf, ornamental, pest
control, aquatic and terrestrial
vegetation and other non-food/fiber
applications) and structural pest
control.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5050;
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 703 305-7385
Email: fitz.nancy@epamail.epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epamail.epa.gov
RIN: 2070-AJ29
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3152. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA is revising its data
requirements for the registration of
conventional pesticide products. In this
action, the Agency is revising data
requirements that pertain to product
chemistry, toxicology, residue
chemistry, applicator exposure, post-
application exposure, nontarget
terrestrial and aquatic organisms,
nontarget plant protection, and
environmental fate. When promulgated,
the data requirements will reflect
current scientific knowledge and
understanding. These revisions will
improve the Agency's ability to make
regulatory decisions about the human
health and environmental effects of
pesticide products to better protect
wildlife, the environment, and people,
including sensitive subpopulations.
Coupled with revision of data
requirements, EPA is reformatting the
requirements and revising its general
procedures and policies associated with
data submission. By codifying existing
data requirements which are currently
applied on a case-by-case basis, the
pesticide industry, along with other
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Notice of Public
Meeting
03/11/05 70 FR 12277
04/01/05 70 FR 16785
NPRM: Extension of
comment period
Final Action
06/08/05 70 FR 33414
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
PEST/2005/March/Day-ll/p4466.htm;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data, htm
Agency Contact: Vera Au,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9069
Fax: 703 305-5884
Email: au.vera@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC12
3153. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to (q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2006, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408(q), as amended by the
Food Quality Protection Act (FQPA) of
1996, requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take the appropriate
regulatory action(s) to modify or revoke
tolerances. Since such actions are
issued on a chemical-by-chemical basis
and are exempt from inclusion in the
Regulatory Agenda, this Regulatory
Agenda entry does not list the
individual actions that are likely to
occur under this program. Instead, this
entry is intended to note the statutory
mandate for completing the
reassessment by August 2006. For
status information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Action
Date FR Cite
Final Action
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4175;
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3, 1999; 66 percent by August
3, 2002; and 100 percent by August 3,
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23329
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
2006. The Agency will continue to
assess pesticide tolerances throughout
each year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/tolerances.htm
Agency Contact: Robert McNally,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3154. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q) "FIFRA
sec 19"; 7 USC 136(a) "FIFRA sec 3";
7 USC 136(w) "FIFRA sec 25"
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA sec. 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date FR Cite
Supplemental NPRM
2
Notice: Partial
Reopening of
Comment Period
Notice: Extension of
Comment Period
Final Action
12/21/99 64 FR 71368
06/30/04 69 FR 39392
08/13/04 69 FR 50114
06/00/06
Action
Date
FR Cite
NPRM original 02/11/94 59 FR 6712
Supplemental NPRM 10/21/99 64 FR 56918
1
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659;
EPA publication information:
Supplemental NPRM 2 -
http://www.epa.gov/fedrgstr/EPA-
PEST/1999/October/Day-
21/p27397.htm;
Sectors Affected: 42291 Farm Supplies
Wholesalers; 32532 Pesticide and Other
Agricultural Chemical Manufacturing;
11511 Support Activities for Crop
Production
URL For More Information:
www.epa.gov/pesticides/regulating/
containers.htm
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 703 305-7385
Email: fitz.nancy@epamail.epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epamail.epa.gov
RIN: 2070-AB95
3155. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 7 USC 136(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: As proposed, this regulation
would have established Pesticide
Management Plans (PMPs) as a new
regulatory requirement for certain
pesticides. Unless a State or tribal
authority had an EPA-approved plan
specifying risk-reduction measures, use
of the chemical would be prohibited.
The rule would also specify procedures
and deadlines for development,
approval and modification of plans by
States and tribal authorities. Several
parameters of the program described in
the proposed rule were reconsidered to
determine whether the program could
address water quality issues rather than
ground-water only, and to determine
the best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33259
Notice 02/23/00 65 FR 8925
Supplemental NPRM 03/24/00 65 FR 15885
Notice: Withdrawal 06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3222;
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Charles Evans,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-7199
Email: evans.charles@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
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23330
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3156. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Priority: Other Significant
Legal Authority: 7 USC I36a(g); 7 USC
136w
CFR Citation: 40 CFR 155
Legal Deadline: None
Abstract: The Agency will establish
procedures to implement section 3(g) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) which
provides for periodic review of
pesticide registrations. The goal of
these regulations, which are required
by FIFRA section 3(g), is to review a
pesticide's registration every 15 years.
The regulations will address the
following procedural aspects of the
program: establishing pesticide cases
for registration review; establishing
schedules; assembling information to be
considered during the review?; deciding
on the scope and depth of the review;
calling in data under FIFRA sec.
3(c)(2)(B) that are needed to conduct
the review; reviewing data and
conducting risk assessments or benefit
analyses, as needed; deciding whether
a pesticide continues to meet the
standard of registration in FIFRA; and
public participation in the registration
review process. If a pesticide does not
meet the FIFRA standard, and
cancellation is determined to be
needed, the Agency will follow?
cancellation procedures in section 6 of
FIFRA. This program will begin after
the completion of tolerance
reassessment in 2006 and before the
completion of reregistration in 2008.
Each pesticide will be reviewed every
15 years to assure that the it continues
to meet the FIFRA standard for
registration, including compliance with
any new legislation, regulations or
science policy.
Timetable:
Action
ANPRM
NPRM
Notice of Availability
Final Action
Date FR Cite
04/26/00 65 FR 24586
07/13/05 70 FR 40251
08/17/05 70 FR 48356
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170;
EPA Docket information: OPP-2004-
0404
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
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3157. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements necessary to register a
biochemical or microbial pesticide
product. The revisions will codify data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology and
environmental fate and effects. The
revision will not include plant
incorporated protectants.
Timetable:
Action
Date
FR Cite
NPRM
03/08/06 71 FR 12071
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4596;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data, htm
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email:
brassard.candace@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD51
3158. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFRA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Section 408(p) of the Federal
Food, Drug, and Cosmetic Act, as
amended by the 1996 Food Quality
Protection Act, directs EPA to establish
and implement a program whereby
industry will be required to screen and
test all pesticide chemicals to
determine whether certain substances
may have an effect in humans that is
similar to an effect produced by a
naturally occurring estrogen, or such
other endocrine effect as the
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23331
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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. The Endocrine
Disrupter Methods Validation Advisory
Committee (a Federal Advisory
Committee Act committee) is providing
advice to the EDSP on assay
development and validation. For
chemical testing priorities, the
approach to selecting the first 50-100
chemicals was finalized in a September
2005 Federal Register Notice (70 FR
56449) and EPA is implementing that
approach. For establishing the testing
orders and related data procedures,
EPA intends to focus on the initial 50-
100 chemicals. The Agency intends to
conduct a review of the data received
from the screening of the initial group
of chemicals to evaluate whether the
program could be improved or
optimized, and if so, how.
Timetable:
Action
Date FR Cite
Notice
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4728;
Split from RIN 2070-AD26. In August
2000, the Agency submitted the
required Status Report to Congress. In
March 2002, the Agency submitted the
requested status report to Congress on
the Endocrine Disrupter Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
URL For More Information:
http://www.epa.gov/scipoly/oscpendo/
index.htm
Agency Contact: William Wooge,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: wooge.william@epa.gov
Joe Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epa.gov
RIN: 2070-AD61
3159. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180, 178
Legal Deadline: None
Abstract: Section 408(m) of the Federal
Food, Drug, and Cosmetic Act requires
EPA to charge tolerance fees that, in
the aggregate, will cover all costs
associated with processing tolerance
actions, including filing a tolerance
petition, and establishing, modifying,
leaving in effect, or revoking a
tolerance or tolerance exemption. EPA
developed a final rule that would have
adjusted the fee structure and fee
amounts for tolerance actions. A final
rule completed OMB review on
December 31, 2003, but has not been
issued because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibits EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using Federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned.
Timetable:
Action
Date FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65 FR 45569
Supplemental NPRM 08/31/00 65 FR 52979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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:
http://www.epa.gov/pesticides/
regulating/fees/index.htm
Agency Contact: Lin Moos,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-0605
Fax: 703 305-5884
Email: moos.lin@epa.gov
RIN: 2070-AJ23
3160. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering
withdrawing this action from the
regulatory agenda because it is an
activity with a long term horizon; i.e.,
10 years or longer. This activity will
be reinitiated subsequent to: (1) The
Agency implementing and gaining
experience with procedures for
exempting a class of plant-incorporated
protectants (PIPs), e.g. Plant Viral Coat
Protein-PIPs, and (2) development of a
larger scientific base of information. For
this action, EPA was considering the
addition of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
FFDCA.
Timetable:
Action
Date FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
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23332
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Action
Date FR Cite
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
Supplemental NPRM 08/20/01 66 FR 43552
5
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://www.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3161. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering
withdrawing this action from the
regulatory agenda because it is an
activity with a long term horizon; i.e.,
10 years or longer. This activity will
be reinitiated subsequent to: (1) The
Agency implementing and gaining
experience with procedures for
exempting a class of plant-incorporated
protectants (PIPs), e.g. Plant Viral Coat
Protein-PIPs, and (2) development of a
larger scientific base of information. For
this action, EPA was considering the
addition of plant-incorporated
protectants that act by primarily
affecting the plant to its plant-
incorporated protectants exemptions at
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to "prevent,
repel or mitigate any pest."
Timetable:
Action
Date FR Cite
NPRM Original 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62FR27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Final Action (FFDCA) To Be Determined
Final Action (FIFRA) To Be Determined
NPRM (FFDCA) To Be Determined
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:
http://www.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3162. 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
comprehensive revision of the Rules of
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 30 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
Action
Date
FR Cite
NPRM 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23333
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Additional Information: SAN No. 4618;
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perils, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A,
Washington, DC 20460
Phone: 202 564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
RIN: 2020-AA44
3163. 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;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/oppad001/
regpolicy.htm
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, 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, 7510C,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epamail.epa.gov
RIN: 2070-AD14
3164. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
136i; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156;
40 CFR 152
Legal Deadline: None
Abstract: The EPA is proposing change
to Federal regulations guiding the
certified pesticide applicator program
(40 CFR 171). Change is sought to
strengthen the regulations so that they
may better protect pesticide applicators
and the public from harm due to
pesticide exposure. Changes would
include having occupational users of
pesticides demonstrate competency by
meeting minimum competency
requirements; ensuring that those who
train on pesticide safety are competent;
and requiring additional competency
determinations of those who use the
most toxic pesticides in a manner that
could result in significant exposure to
the public. The need for change arose
from EPA discussions with key
stakeholders. EPA has been in
extensive discussions with stakeholders
since 1997 when the Certification and
Training Assessment Group (CTAG)
was established. CTAG is a forum used
by regulatory and academic
stakeholders to discuss the current state
of, and the need for improvements in,
the national certified pesticide
applicator program. Throughout these
extensive interactions with
stakeholders, EPA has learned of the
need for changes to the regulation.
Timetable:
Action
Date FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5007;
Agency Contact: Jeanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epamail.epa.gov
Donald Eckerman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-5062
Fax: 703 308-2962
Email:
eckerman.donald@epamail.epa.gov
RIN: 2070-AJ20
3165. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
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 expected to
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
help agricultural workers protect
themselves from potential hazards
resulting from their potential exposure
to pesticides and pesticide residues.
EPA is proposing to make minor
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. The need for change arose
from EPA discussions with key
stakeholders beginning in 1996 and
continuing through 2004. EPA held
nine public meetings throughout the
country during which the public
submitted written and verbal comments
on issues of their concern. In 2000
through 2004, EPA held meetings
where invited stakeholders identified
their issues and concerns with the
regulations.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5006;
Agency Contact: Don Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@epa.gov
Jeanne Kasai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epamail.epa.gov
RIN: 2070-AJ22
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3166. PROTECTIONS FOR TEST
SUBJECTS IN HUMAN RESEARCH
Priority: Other Significant
CFR Citation: 40 CFR 26
Completed:
Reason
ANPRM
Notice
NPRM
Final Action
Date
05/07/03
02/08/05
09/12/05
02/06/06
FR Cite
68 FR 24410
70 FR 6661
70 FR 53838
71 FR6137
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Agency Contact: William Jordan
Phone: 703 305-1049
Fax: 703 308-4776
Email: jordan.william@epamail.epa.gov
John Carley
Phone: 703 305-7019
Fax: 703 308-4776
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57
3167. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 166
Completed:
Reason
Date FR Cite
Reason
Date
FR Cite
NPRM
Final Action
09/03/04 69 FR 53866
01/27/06 71 FR4495
Notice: Limited Pilot 04/24/03 68 FR 20145
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Joe Hogue
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joe@epamail.epa.gov
Jean Frane
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3168. FUTURE TESTING FOR
EXISTING CHEMICALS (OVERVIEW
ENTRY)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced and
enters the environment in substantial
quantities or there is or may be
significant or substantial human
exposure to the chemical, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop needed data via TSCA
Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rulemaking
and allow EPA to consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of needed testing. For chemicals that
have been designated for priority
testing consideration by the Interagency
Testing Committee (ITC) the Agency
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23335
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
will consider whether to require testing
of the chemical through rulemaking or
EGA or will publish a notice which
provides the reasons for not doing so
in the case of a particular chemical
(such reasons may involve the
existence of a VTA). The Agency may
also consider test rules, EGAs or VTAs
for chemicals or categories of chemicals
which have been identified for testing
consideration by other Federal or other
EPA offices through EPA review?
processes. This regulatory agenda entry
is considered a "generic entry" because
it is intended to alert the public that
within the next 6 months the Agency
may consider other chemicals for test
rules, EGAs or VTAs that are not yet
identified. A separate activity-specific
entry will be included in the regulatory
agenda once the Agency decides to
develop a test rule, EGA or VTA.
Timetable:
Action
Date
FR Cite
Notice/ANPRM 08/00/06
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: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AB94
3169. • NANOSCALE MATERIALS
STEWARDSHIP PROGRAM
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 in the scale of approximately
1 to 100 nanometers, and may have
different molecular organizations and
properties than the same chemical
substances in a larger scale. Because
such materials may have novel
properties and present novel issues,
evaluating and managing health and
environmental risks of nanoscale
materials poses a new challenge. Under
the Toxic Substances Control Act, EPA
has the authority to require the
development of data adequate for the
assessment of chemical substances and
mixtures from persons that manufacture
or process them, and to prevent and
eliminate unreasonable risk of injury to
human health and environment from
chemical substances and mixtures. The
Office of Prevention, Pesticides and
Toxic Substances is considering
establishing a stewardship 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.
Timetable:
Action
Date FR Cite
Notice
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5058;
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Jim Willis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-0104
Fax: 202 564-9490
Email: willis.jim@epamail.epa.gov
RIN: 2070-AJ30
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3170. LEAD-BASED PAINT
ACTIVITIES; AMENDMENTS FOR
RENOVATION, REPAIR AND PAINTING
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 15 USC 2682 and
2684 TSCA sees 402 and 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory,
October 28, 1996.
NPRM, Statutory, December 30, 2005,
Administration deadline.
Abstract: The Environmental
Protection Agency is developing a
comprehensive program for the
management of renovation, repair and
painting activities involving lead-based
paint hazards. The program will be
comprised of a combination of
approaches including an extensive
education and outreach campaign for
lead-safe work practices and training
for industry, an outreach campaign
designed to expand consumer
awareness and create demand for the
use of lead-safe work practices, and the
proposal of regulatory requirements. On
January 10, 2006, the EPA proposed
regulatory requirements for renovation,
repair and painting contractors
involved in activities where, as a result
of their work, lead hazards are created.
[Modifications to the abatement
requirements will also be considered to
ensure compatibility between the
existing requirements and any future
renovation requirements.]
Timetable:
Action
Date FR Cite
NPRM
01/10/06 71 FR 1588
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23336
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Action
Date FR Cite
NPRM: Extension of 04/06/06 71 FR 17409
Comment Period
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental lurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3557;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/lanuary/Day-10/t071.htm;
EPA Docket information: EPA-HQ-
OPPT-2005-0049; Individual Document
id in the EPA docket:
www.regulations.gov
Sectors Affected: 23599 All Other
Special Trade Contractors; 23551
Carpentry Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 531311
Residential Property Managers; 23321
Single Family Housing Construction;
54138 Testing Laboratories
URL For More Information:
http://www.epa.gov/oppt/lead/pubs/
renovation.htm
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Fax: 202 566-0471
Email: wilson.mike@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC83
3171. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) No unreasonable risk to health or
the environment will occur, and 2)
good faith efforts have been made by
the petitioner to develop a substitute
for PCB which does not pose an
unreasonable risk of injury to health or
the environment.
Timetable:
Action
Date FR Cite
NPRM: New DOD 10/00/06
Petition
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2150;
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
URL For More Information:
www.epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tom Simons, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0517
Fax: 202 566-0473
Email: simons.tom@epamail.epa.gov
RIN: 2070-AB20
3172. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight chemicals to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(f) and sections 112(d and
e). Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
Timetable:
Action
Date
FR Cite
NPRM 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23337
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Additional Information: SAN No. 2563;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert lones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
RIN: 2070-AB79
3173. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Other Significant
Legal Authority: 15 USC 2603
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is issuing test rules
under section 4(a) of the Toxic
Substances Control Act (TSCA) to
require testing and recordkeeping
requirements for certain high
production volume (HPV) chemicals
(i.e., chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis) that have not been
sponsored under the voluntary HPV
Challenge Program. Although varied
based on specific data needs for the
particular chemical, the data generally
collected under these rules may
include: Acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity, mutagenicity,
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. The number of chemicals
included in the first final rule may be
reduced based on new information on
annual production volumes, worker
exposure, and commitments to the
voluntary HPV Challenge Program.
Subsequent test rules will require
similar screening level testing for other
unsponsored HPV Challenge Program
chemicals.
Timetable:
Action
Date
FR Cite
NPRM 12/26/00 65FR81658
Final Action 03/16/06 71 FR 13709
NPRM2 03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990;
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: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
RIN: 2070-AD16
3174. SIGNIFICANT NEW USE RULE
(SNUR); MERCURY SWITCHES IN
MOTOR VEHICLES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for mercury used
in convenience light switches, anti-lock
braking system (ABS) sensors, and
active ride control sensors in motor
vehicles. This action would require
persons who intend to manufacture,
import, or process mercury for these
uses, including when mercury is
imported or processed as part of an
article, to notify EPA at least 90 days
before commencing such activity. The
required notice would provide EPA
with the opportunity to evaluate the
use of mercury in these switches, and,
if necessary, to prohibit or limit such
activity before it occurs to prevent
unreasonable risk of injury to human
health or the environment.
Timetable:
Action
Date FR Cite
NPRM
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4983;
Sectors Affected: 335931 Current-
Carrying Wiring Device Manufacturing;
3363 Motor Vehicle Parts
Manufacturing
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0498
Fax: 202 566-0469
Email: clark.ellie@epamail.epa.gov
Nancy Wilson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 566-0492
Email: wilson.nancy@epa.gov
RIN: 2070-AJ19
3175. 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
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: In support of the residential
upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
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23338
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Substances Control Act (TSCA)
covering certain flame retardant
chemicals for use in RUF. The SNUR
would require companies intending to
import, manufacture or process these
chemicals for use as a flame retardant
in RUF to submit a significant new use
notice (SNUN) to the Agency at least
90 days prior to beginning those
activities. The required notice will
provide EPA with the opportunity to
evaluate their use as flame retardant
chemicals in RUF, and if necessary to
prohibit or limit such activity before it
occurs to prevent any unreasonable risk
of injury to human health or the
environment.
Timetable:
Action
Date FR Cite
NPRM
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4512;
; EPA Docket information: EPA-HQ-
OPPT-2002-0074
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@epamail.epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AD48
3176. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory). The ANPRM
outlined four identification elements
that EPA currently believes are
appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. The Agency
also solicited public comment on
several specific questions relating to
this topic. EPA is currently evaluating
the comments received and is
developing a proposed rulemaking.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/15/04 69 FR 65565
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4878;
; EPA Docket information: OPPT-2003-
0058
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Henry Lau, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202 564-8572
Email: lau.henry@epamail.epa.gov
RIN:2070-AJ04
3177. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTION
REQUEST FROM U.S. MARITIME
ADMINISTRATION (MARAD)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The U.S. Maritime
Administration (MARAD) is responsible
for disposing of surplus Navy non-
combatant ships; many of these ships
contain polychlorinated biphenyls
(PCBs) in electrical equipment, and are
contaminated with > 50 ppm PCBs in
paint, gaskets and cable that cannot be
easily removed. In 2003, MARAD
exported four surplus ships to a
shipyard in the United Kingdom, Able
UK, for scrapping; however, the
planned export of an additional nine
ships had been prevented by a
temporary restraining order issued by
the U.S. District Court for D.C.
Although EPA issued a letter of
enforcement discretion in May 2003, on
July 29, 2004, MARAD submitted a
partial petition for an export ban
exemption under TSCA 6(e)(3)(B).
Upon receipt of a completed petition,
the Agency will conclude its review.
EPA can grant these petitions through
notice-and-comment rulemaking for a
period of up to one year, provided it
can make a finding of no unreasonable
risk and good faith efforts to find
substitutes.
Timetable:
Action
Date
FR Cite
NPRM
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
2150.1; Split from RIN 2070-AB20.;
EPA Docket information: OPPT-2004-
0107
URL For More Information:
www.epa.gov/pcb/
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AJ05
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23339
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3178. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the "Act") of
a premanufacture notice, a significant
new use notice, or an exemption notice
to EPA for the chemical substance.
Either prior to or after commencing the
manufacture of the chemical substance,
the company may want to transfer the
right to manufacture the chemical
substance to a new company as part
of a merger, corporate reorganization,
or other business transaction. The Act
can be interpreted as requiring the
transferee of a right to manufacture to
submit a new premanufacture notice to
the Agency, because the transferee is
a new person. However, the Agency has
not always required the transferee to
submit a new notice and has allowed
the transferee to manufacture the
chemical substance under the original
company's authorization. Because there
are no rules or formal guidance
concerning the procedure for
transferring rights to manufacture, this
issue has not been addressed in a clear
and consistent manner. Furthermore, it
is not clear if a transferee of a right
to manufacture is liable under the Act
to the same extent as the transferor.
Therefore, to clarify these issues, EPA
proposes to adopt a rule to accomplish
several purposes: (1) To provide a clear
procedural mechanism to facilitate the
transfer of rights to manufacture to new
persons; (2) to require the transferee to
specifically assume all of the legal
obligations associated with the
transferred right to manufacture; and
(3) to provide notice to the Agency of
a proposed transfer of a right to
manufacture, thereby allowing the
Agency to engage in more meaningful
compliance monitoring.
Timetable:
Action
Date FR Cite
NPRM 12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975;
Agency Contact: James Vinch,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-1256
Fax: 202 564-1256
Email: vinch.james@epa.gov
RIN: 2070-AJ15
3179. CLARIFICATION ON GUIDANCE
FOR ACTIVATED PHOSPHORS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: EPA is developing guidance
to clarify the chemical identification of
activated phosphors for purposes of the
Toxic Substances Control Act (TSCA)
Chemical Substance Inventory (TSCA
Inventory). Specifically, the Agency is
developing guidance to clarify that an
activated phosphors not currently listed
on the TSCA Inventory is considered
a new chemical under TSCA. Prior to
initiating the manufacture or import of
a new chemical, TSCA section 5
requires a company to submit a
premanufacture notice (PMN) to EPA.
Apparently this has not been clear and
several firms have initiated the
manufacture of activated phosphor
materials that are not listed on the
TSCA Inventory without having
submitted the required PMN. EPA
intends to seek public comment on
draft guidance in this area to ensure
that the necessary clarity is provided.
Timetable:
Action
Date FR Cite
Notice
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4984;
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: schutz.david@epa.gov
Linda Gerber, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: gerber.linda@epa.gov
RIN: 2070-AJ21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3180. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: In September 2005, EPA
proposed an amendment to the Polymer
Exemption Rule, which provides an
exemption from the premanufacture
notification (PMN) requirements of the
Toxic Substances Control Act (TSCA).
The proposed amendment would
exclude from eligibility polymers
containing as an integral part of their
composition, except as impurities,
certain perfluoroalkyl moieties
consisting of a CF3- or longer chain
length. This proposed exclusion
includes polymers that contain any one
or more of the following: perfluoroalkyl
sulfonates (PFAS); perfluoroalkyl
carboxylates (PFAC); fluorotelomers; or
perfluoroalkyl moieties that are
covalently bound to either a carbon or
sulfur atom where the carbon or sulfur
atom is an integral part of the polymer
molecule. If finalized as proposed, any
person who intends to manufacture (or
import) any of these polymers not
already on the TSCA Inventory would
have to complete the TSCA
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635;
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD58
3181. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM: Aromatic 06/06/94 59 FR 29255
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether 12/19/94 59FR65289
of Alkanetriol
Polymer (93-458)
NPRM: Certain 06/26/97 62 FR 34421
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Final: Alkenyl Ether of 12/00/06
Alkanetriol Polymer
(93^58)
Final: Aromatic Amino 12/00/06
Ether (P90-1840)
Final: Certain 12/00/06
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http ://www. epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AB27
3182. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances.
Timetable:
Action
Date
FR Cite
Final 51st ITC List 06/11/03 68 FR 34832
Final 53rd ITC List 12/07/04 69 FR 70552
Final 55th AND 56th 04/00/06
ITC Lists
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23341
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa.gov
loseph Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epamail.epa.gov
RIN: 2070-AB08
3183. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d) TSCA
8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require chemical
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) section 8(d) Health and
Safety Data Reporting Rule (40 CFR
part 716). These chemicals have been
identified by the Office of Pollution
Prevention and Toxics, other EPA
offices, and other Federal agencies, as
well as recommended for testing
consideration by the Interagency
Testing Committee (ITC). The
Regulatory Agenda identifies the most
recent rules and any anticipated rules.
Timetable:
Action
Date
FR Cite
Final: 51st ITC List 05/04/04 69 FR 24517
(has actions from
lists 43, 47, and 50)
Final: 55th and 56th 04/00/06
ITC Lists
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.john@epa.gov
RIN: 2070-ABll
3184. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq.
(TSCA)
CFR Citation: 00 CFR None
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. The
Agency is considering specific
chemicals which are not voluntarily
sponsored in the HPV Challenge
Program as candidates for rules under
section 4 and 8 of the Toxic Substances
Control Act (TSCA). Although this
Initiative is not a rulemaking, EPA has
included it in the Regulatory Agenda
to inform the public.
Timetable:
Action
Date
FR Cite
12/26/00 65 FR 81686
07/00/06
Notice
Notice: Initiative
Complete
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
See also items identified under the
following RINs 2070-AD09; 2070-AD38;
RIN 2070-AD16; RIN 2070-AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www. epa.gov/chemrtk/volchall. htm
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AD25
3185. SIGNIFICANT NEW USE RULE
(SNUR); CERTAIN POLYBROMINATED
DIPHENYL ETHERS (PBDES)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA proposed a significant
new use rule (SNUR) under section 5
of the Toxic Substances Control Act
(TSCA) covering certain
polybrominated diphenylethers
(PBDEs). The SNUR would require
companies wanting to import or
manufacture these chemicals for the
significant new uses described in the
SNUR to submit a significant new use
notice (SNUN) to the Agency at least
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
90 days prior to beginning those
activities. The SNUN provides EPA the
opportunity to evaluate the intended
use, and, if necessary, prohibit or limit
that use before it occurs. Great Lakes
Chemical Corporation, the only United
States manufacturer of pentaBDE and
octaBDE, voluntarily phased out of
these commercial products by the end
of 2004. The chemical substances
subject to this proposed rule are these
commercial products, and other PBDE
congeners that comprise these products.
This proposed rule would require
manufacturers and importers to notify
EPA at least 90 days before
commencing the manufacture or import
of any one or more of these chemicals
on or after January 1, 2005, for any use.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/06/04 69 FR 70404
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4870;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2004/December/Day-
06/t26731.htm; EPA Docket
information: EPA-HQ-OPPT-2004-0085
Agency Contact: Kenneth Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9232
Fax: 202 564-9490
Email: moss.kenneth@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-AJ02
3186. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Substantive, Nonsignificant
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 or participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers which
may metabolize or degrade to PFOA.
These testing programs would be set in
place preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of the Toxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section 4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date FR Cite
Final: EGA and CO for 07/08/05 70 FR 39630
Fluoropolymer
Chemicals
Incineration
Final: EGA and CO for 07/08/05 70 FR 39624
Fluorotelomer-
based Polymer
Chemicals
Incineration
Notice; Measurement 06/00/06
of PFOA Generated
from Thermal
Degradation of
Fluoropolymer
Chemicals
Stewardship Program 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.1; EPA Docket information: EPA-
HQ-OPPT-2003-0012
URL For More Information:
http://www.epa.gov/oppt/pfoa/
index.htm
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ06
3187. TESTING AGREEMENT FOR
DIETHANOLAMINE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including diethanolamine (61 FR
33178, June 26, 1996) (FRL-4869-1), as
amended by 62 FR 67466, December
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Final Rule Stage
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Alkanolamines
Panel submitted a proposal on
November 25, 1996, for alternative
testing involving PK studies.
ORD/NCEA performed a technical
analysis of the proposal in November
of 1997. A public meeting was held on
February 24, 1998. The Alkanolamines
Panel of ACC has submitted three
update letters, one in April 1999, one
in May of 2003 and one in January of
2005. Under this action, EPA will
continue negotiations to develop an
EGA that will provide health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final: EGA and
Consent Order
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ09
3188. TESTING AGREEMENT FOR
HYDROGEN FLUORIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including hydrogen fluoride (61 FR
33178, June 26, 1996) (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Hydrogen
Fluoride (HF) Panel submitted a
proposal for alternative testing
involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 Test Rule, as amended.
Timetable:
Action
Date
FR Cite
Final: ECAand 12/00/06
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.5;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ10
3189. TESTING AGREEMENT FOR
PHTHALIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
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EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including phthalic anhydride (61 FR
33178, June 26, 1996) (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Phthalic
Anydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996. EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 Test Rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action - EGA 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.7;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJll
3190. TESTING AGREEMENT FOR
MALEIC 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 needed
data via TSCA section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rulemaking and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including maleic anhydride (61 FR
33178, June 26, 1996) (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Maleic
Anhydride (MA) Panel submitted a
proposal for alternative testing
involving PK studies for MA on
November 8, 1996. EPA responded to
the Panel's proposal by letter on July
10, 1997, indicating that this approach
could offer sufficient merit to proceed
with EGA negotiations. Under this
action, EPA will continue negotiations
to develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 Test Rule, as amended.
Timetable:
Action
Date FR Cite
Final: ECAand 12/00/06
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.6;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ13
3191. • TSCA INVENTORY UPDATE
REPORTING RULE; ELECTRONIC
REPORTING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(a) TSCA
8(a)
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EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: With this action, the EPA
will amend the TSCA Inventory Update
Rule (IUR) to allow online electronic
submissions though EPA's Central Data
Exchange (CDX) system. Under the IUR,
manufacturers and importers of certain
chemicals on the TSCA Chemical
Substances Inventory must report data
to EPA on the manufacture, import, and
use of these chemicals. Information on
chemicals from calendar year 2005
must be reported to EPA using Form
U during the 2006 submission period.
In 2006, industry will be able to submit
the IUR Form U on-line through EPA's
CDX. CDX has become a trusted and
time-tested information exchange
system used by over 45,000 registered
participants. Responding to e-
Government initiatives, and to simplify
and improve the submission process for
industry, EPA is currently developing
the capability for IUR submitters to use
EPA's CDX to upload their electronic
IUR data securely and efficiently over
the Web to EPA for processing. Of
course, industry will continue to be
able to submit Form U to the Agency
either in hard copy or on CD-ROM.
Timetable:
Action
Date
FR Cite
Direct Final Action; 04/00/06
Using CDX
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
3301.2; Split from RIN 2070-AD63.;
EPA Docket information: OPPT-2004-
0106
URL For More Information:
www.epa.gov/oppt/iur
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epamail.epa.gov
Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AJ25
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3192. 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
Model Plan
Interim Final Action
Final Action
Date
05/13/92
02/03/94
05/00/09
FR Cite
57 FR 20438
59 FR 5236
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148;
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
http ://www. epa.gov/asbestos/
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AC51
3193. 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 (EOF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act (TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
ANPRM
NPRM
Notice: Withdrwal of
NPRM
05/13/91 56 FR 22096
03/09/94 59 FR 11122
10/00/07
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, 7404, Washington,
DC 20460
Phone: 202 566-0486
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC21
3194. 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, 2684;
PL 102-550 sec 402; PL 102-550 sec
404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program.
EPA promulgated regulations for LBP
activities in target housing and child
occupied facilities as well as training
and certification of training programs
for LBP activities in 1996 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date FR Cite
NPRM
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4376;
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
http ://www. epa.gov/oppt/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC64
3195. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2605(e) TSCA
6
CFR Citation: 40 CFR 761 (Revision)
Legal Deadline: None
Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to, Use Authorizations, Public
Participation Process, Appeals Process,
Natural Gas Pipelines, Testing and
Analysis, Manifesting of PCB Waste,
Publication Process for Validated
Alternate Decontamination Solvents
and PCB Analytical Methods and
Storage of Dedicated PCB Equipment.
The action to authorize certain non-
liquid PCB applications is also
included in this action.
Timetable:
Action
Date FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4597;
Sectors Affected: 31-33 Manufacturing;
81 Other Services (except Public
Administration); 54 Professional,
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Long-Term Actions
Scientific and Technical Services; 92
Public Administration; 53 Real Estate
and Rental and Leasing; 48-49
Transportation; 22 Utilities; 562 Waste
Management and Remediation Services
URL For More Information:
www. epa.gov/pcb
Agency Contact: Sara McGurk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0480
Fax: 202 566-0473
Email: mcgurk.sara@epamail.epa.gov
David Hanneman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0509
Fax: 202 566-0473
Email:
hanneman.dave@epamail.epa.gov
RIN: 2070-AD52
3196. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review?. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
06/11/86 51 FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
NPRM: 84-1056
NPRM: 86-566
NPRM: Aluminum
Cross-linked
Sodium Carboxy
methylcellulose
Final: 84-1056 12/00/07
Final: 86-566 12/00/07
Final: Aluminum 12/00/07
Cross-linked
Sodium Carboxy
methylcellulose
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:
http ://www. epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AA59
3197. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
nine chemicals have been evaluated in
the peer consultation process.
Information on VCCEP and the
chemical assessments submitted to date
are available to the public at
www. epa.gov/chemrtk/vccep 1.
Although not currently involving a
rulemaking, EPA has included this
pilot program in the Regulatory Agenda
to inform the public about activities
like this related to its chemical testing
program.
Timetable:
Action
Date
FR Cite
Notice: Initiation of 08/26/99 64 FR 46673
Stakeholder
Process & Public
Meeting
Notice: Stakeholder 03/29/00 65 FR 16590
Involvement
Process & Public
Meeting
Notice Announcing 12/26/00 65 FR 81700
VCCEP & Pilot
Notice: Pilot Status To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/vccep
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3452
Fax: 202 564-4765
Email: penberthy.ward®.epa.gov
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23348
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
3198. 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
Supplemental NPRM
Supplemental NPRM
2
NPRM-Reproposal
06/26/96 61 FR 33178
12/24/97 62 FR 67466
04/21/98 63 FR 19694
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Rich Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epamail.epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AC76
3199. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790-799
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
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section (b)(l) list of HAPs
(delisting).
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
RIN: 2070-AD10
3200. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23349
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of Oxygenated Fuel Additives (OFAs).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other 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 which will have a regulatory
impact once an EGA or other testing
action is proposed.
Timetable:
Action
Date
FR Cite
To Be Determined
To Be Determined
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: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 564-8174
Fax: 202 564-4765
Email:
semeniuk.george@epamail.epa.gov
RIN: 2070-AD28
3201. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: On March 4, 1991, EPA
issued a proposed TSCA section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
obtained under these various data
collection/development programs will
be used to inform EPA's decision
regarding the need to re-propose and
ultimately finalize this TSCA section 4
Test Rule for some or all of the subject
chemicals and for which endpoints
they should be tested.
Timetable:
Action
Date FR Cite
03/04/91 56 FR 9092
To Be Determined
NPRM original
NPRM-Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
RIN: 2070-AD44
3202. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA monitors the commercial
development of existing chemicals of
concern and/or gathers information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date FR Cite
NPRM: 09/27/89 54 FR 39548
2,4-Pentanedione
NPRM: Chloranil 05/12/93 58 FR 27980
NPRM: Heavy Metals 01/15/02 67 FR 1937
Final: Chloranil 12/00/06
Final: Heavy Metals 06/00/07
NPRM: Benzidine 06/00/07
Congener Dyes
Supp. NPRM: 06/00/07
2,4-Pentanedione
Supp. NPRM: 06/00/07
Benzidine Congener
Dyes
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
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23350
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
lim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
RIN: 2070-AA58
3203. SIGNIFICANT NEW USE RULE
(SNUR); 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. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
09/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528;
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
3204. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340; however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598;
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8983
Fax: 202 564-9062
Email: chow.flora@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3205. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: Amendments will 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 08/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23351
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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:
http://www.epa.gov/oppt/lead/
Agency Contact: John Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wilkins.john@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AD64
3206. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority: Other Significant
Legal Authority: 15 USC 2611
CFR Citation: 40 CFR 707
Legal Deadline: None
Abstract: Section 12(b)of the Toxic
Substances Control Act (TSCA) states,
in part, that any person who exports
or intends to export to a foreign
country a chemical substance or
mixture for which submission of data
is required under section 4 or 5(b), or
for which a rule, action or order has
been proposed or promulgated under
section 5, 6, or 7, shall notify the EPA
Administrator of such export or intent
to export. The Administrator in turn
will notify the Government of the
importing country of EPA's regulatory
action with respect to the substance. As
part of OMB's Regulatory Reform of the
U.S. Manufacturing Sector Report
(2005), commenters expressed concern
that the existing TSCA section 12(b)
regulations do not provide a low-level
cut-off for the export notification
requirements. To address that concern,
EPA committed to OMB that it would
consider potential changes to the TSCA
section 12(b) regulation within the
scope of existing statutory authority
and issue a proposed amendment to
address the concern expressed by
January 2006. Legislation is currently
pending to address the implementation
in the US of the Rotterdam Convention
on Prior Informed Consent (PIC), which
itself includes export notification
requirements. After the comment
period closes, EPA will determine next
steps.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/09/06 71 FR 6733
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4858;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/February/Day-09/tl797.htm;
EPA Docket information: EPA-HQ-
OPPT-2005-0058
URL For More Information:
www.epa.gov/opptintr/chemtest/
12b.htm
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN:2070-AJ01
3207. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On January, 17, 1972 (57 FR
2138), EPA published a proposed TSCA
Section 4 test rule covering a number
of aryl phosphate base stocks. On
March 30, 1993, EPA announced
initiation of negotiations with the Aryl
Phosphates Panel of the Chemical
Manufacturers Association (now the
American Chemistry Council or ACC)
to develop a TSCA Section 4
Enforceable Consent Agreement (EGA)
for aryl phosphate base stocks as an
alternative approach to testing under
the proposed rule (58 FR 16669). On
October 9, 1998, EPA sent letters to the
Chief Executive Officers of companies,
including those who were participating
in the development of this EGA, to
announce EPA's High Production
Volume (HPV) Chemical Challenge
Program. Consistent with the
international OECD Screening
Information Data Set (SIDS) Program,
EPA's HPV Challenge Program
encourages US chemical producers and
importers to voluntarily provide
existing screening level data, or, if none
exist, to develop such data on US HPV
chemicals. Because some overlap of
testing requirements in the HPV
Challenge and this EGA initiative were
identified, the industry committed to
develop the screening level data for the
HPV Challenge Program before
continuing with further development of
the EGA. In this way, results from the
HPV Challenge program would feed
back into consideration of needs for the
EGA testing and, where possible, could
avert some or all of the overlap testing
requirements. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject AP base stocks under an
EGA.
Timetable:
Action
ANPRM
NPRM
Final: EGA and
Consent Order
Date FR Cite
12/29/83 48 FR 57452
01/17/92 57 FR 21 38
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
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23352
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ07
3208. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On June 25, 1991 (56 FR
29140), EPA issued a proposed TSCA
section 4 Test Rule for health and
environmental effects and chemical fate
testing of five brominated flame
retardants. Since issuing that proposed
rule, all of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary US HPV Chemical
Challenge Program, and/or EPA's
Voluntary Children's Chemical
Evaluation Program (VCCEP).
Information obtained under these
various data collection/development
programs will be used to inform EPA's
decision regarding the need to re-
propose and ultimately finalize this
TSCA section 4 Test Rule for some or
all of the subject chemicals and for
which endpoints they should be tested.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/25/91 56 FR 29140
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN:2070-AJ08
3209. SIGNIFICANT NEW USE RULE,
PERFLUOROALKYL SULFONATES
(PFAS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; 15 USC
2607; 15 USC 2625
CFR Citation: 40 CFR 721.9582
(Amended)
Legal Deadline: None
Abstract: EPA is proposing to amend
a significant new use rule (SNUR)
under section 5(a)(2) of the Toxic
Substances Control Act (TSCA) for
certain perfluoroalkyl sulfonates (PFAS)
substances that were not addressed by
the previous PFAS SNURs (67 FR
11008, March 11, 2002; 67 FR 72854,
December 9, 2002), codified at 40 CFR
721.9582. EPA is proposing to amend
the PFAS SNUR at 40 CFR 721.9582
by adding a new table 3 containing all
PFAS chemicals currently on the TSCA
Inventory but not already subject to the
FAS SNUR. This proposed rule would
require manufacturers, including
importers, to notify EPA at least 90
days before commencing the
manufacture or import of these
chemical substances for the significant
new uses described in this document
after January 1, 2007. EPA believes that
this action is necessary because the
PFAS component of these chemical
substances may be hazardous to human
health and the environment. The
required notice will provide EPA the
opportunity to evaluate intended
significant new uses and associated
activities before they occur and, if
necessary, to prohibit or limit those
activities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/10/06 71 FR 12311
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4974;
EPA Docket information: EPA-HQ-
OPPT-2005-0015
URL For More Information:
http://www.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
RIN: 2070-AJ18
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23353
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3210. TSCA INVENTORY UPDATE
RULE REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 710
Completed:
Reason
Date
FR Cite
NPRM
Final Action
01/26/05 70 FR 3658
12/19/05 70 FR 75059
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Susan Sharkey
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epamail.epa.gov
Robert Lee
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AD63
3211. SIGNIFICANT NEW USE RULE
FOR GLYCOL ETHERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 721 (amended)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/01/05 70 FR 9902
11/29/05 70 FR 71401
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Amy Breedlove
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
Jim Alwood
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epa.gov
RIN: 2070-AJ12
3212. LEAD-BASED PAINT;
PRE-RENOVATION LEAD EDUCATION
RULE; AMENDED PAMPHLET
Priority: Info./Admin./Other
CFR Citation: 40 CFR 745.83
(Revision); 40 CFR 745.8
Completed:
Reason
Date
FR Cite
Withdrawn 01/10/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Joshua Novikoff
Phone: 202 566-0502
Fax: 202 566-0471
Email: novikoff.joshua@epamail.epa.gov
Julie Simpson
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AJ14
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3213. TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
AND TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
chromium, antimony, 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
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA16
3214. • REPORTABLE QUANTITY
ADJUSTMENT FOR ISOPHORONE
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
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23354
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Legal Deadline: None
Abstract: EPA is considering adjusting
the reportable quantity (RQ) for
Isophorone Diisocyanate (IPDI) under
40 CFR part 355. Reportable quantities
for many of the Extremely Hazardous
Substances were adjusted to their
threshold planning quantities in a final
rule on May 7, 1996 (61 FR 20473).
On September 8, 2003 (68 FR 52978),
EPA modified the threshold planning
quantity (TPQJ for IPDI (CAS No. 4098-
71-9) to 500 pounds. At that time, EPA
inadvertently omitted to adjust the RQ
for this substance. Therefore, EPA is
now considering adjusting the RQ for
IPDI to be 500 pounds. EPA is planning
to publish a direct final rule
concurrently with a proposed rule to
the same effect. If the Agency receives
any adverse comments on the direct
final rule, it will publish a timely
withdrawal in the Federal Register for
the direct final rule and proceed with
the rulemaking process on the basis of
the concurrent proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
09/00/06
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5054;
EPA Docket information: EPA-HQ-
SFUND-2005-0522
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-AG32
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3215. RULEMAKING TO CHANGE
TOXIC RELEASE INVENTORY (TRI)
REPORTING REQUIREMENTS FROM
STANDARD INDUSTRIAL
CLASSIFICATION (SIC) CODES TO
NORTH AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM (NAICS)
CODES
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
Timetable:
Action
Date
FR Cite
NPRM 03/21/03 68 FR 13872
Final Action 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4595;
Sectors Affected: 212 Mining (except
Oil and Gas); 221 Utilities; 562 Waste
Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
www. epa.gov/tri
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0750
Fax: 202 566-0741
Email: kendall.judith@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-AA10
3216. ADDITION OF TOXICITY
EQUIVALENCY (TEQ) REPORTING
AND QUANTITY DATA FOR
INDIVIDUAL MEMBERS OF THE
DIOXIN AND DIOXIN-LIKE
COMPOUNDS CATEGORY UNDER
EPCRA, SECTION 313
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (TEQ) reporting for the
category and quantity data for
individual members of the category to
the grams only reporting currently
required for the category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8-
tetrachlorodibenzo-p-dioxin and
1,2,3,7,8-pentachlorodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/07/05 70 FR 10919
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4692;
TRI has not converted to NAICS so the
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23355
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
Standard Industrial Classification (SIC)
Codes are listed: SIC Code 10 Metal
Mining (except SIC codes 1011, 1081,
and 1094), SIC Code 12 Coal Mining
(except SIC code 1241), SIC Code 20-
39 Manufacturing, SIC Codes 4911,
4931, and 4939 Electric Utilities
(limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce),
SIC Code 4953 Commercial Hazardous
Waste Treatment (limited to facilities
regulated under the RCRA, subtitle C,
42 U.S.C. section 6921 et seq.), SIC
Code 5169 Chemicals and Allied
Products-Wholesale, SIC Code 5171
Petroleum Bulk Terminals and Plants,
SIC Code 7389 Solvent Recovery
Services (limited to facilities primarily
engaged in solvent recovery services on
a contract or fee basis).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA12
3217. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority: Other Significant
Legal Authority: 42 USC 11023 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The primary goal of this
effort by EPA is to reduce burdens
associated with Toxics Release
Inventory (TRI) reporting while at the
same time continuing to provide
valuable information to the public
consistent with the goals and statutory
requirements of the TRI program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/04/05 70 FR 57822
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4896;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
WASTE/2005/October/Day-
04/fl9710.htm;
URL For More Information:
www. epa.gov/tri
Agency Contact: Kevin—E Donovan,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0676
Fax: 202 566-0741
Email: donovan.kevin-
e@epamail.epa.gov
Cassandra Vail, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0753
Fax: 202 566-0715
Email: vail.cassandra@epamail.epa.gov
RIN: 2025-AA14
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3218. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999). This supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: reporting
thresholds for rock salt, sand, gravel,
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility. This supplemental rule,
when finalized, will minimize burden
for those facilities that are currently
reporting chemicals that pose minimal
risk under sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act. This rule, when
finalized, may also reduce the number
of facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, State and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date
FR Cite
NPRM
Final
06/08/98 63 FR 31268
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 3215;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
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23356
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Vanessa Rodriquez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: vanessa.rodriquez®.epa.gov
RIN: 2050-AE17
3219. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION
Priority: Other Significant
Legal Authority: 42 USC 11001
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQJ for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA will propose a rule that
would revise the TPQ for solids in
solution and seek comment on an
alternative approach. EPA is pursuing
this proposal in part based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). If the TPQ for solids
in solution is raised, it would result
in relieving some facilities (number and
type unknown at this time) from the
regulatory emergency planning and
notification requirements under section
302-304 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA). EPA intends to evaluate
various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
Date
FR Cite
NPRM
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
3220. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores can not be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/09
03/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
URL For More Information:
www. epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AAll
3221. 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.
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23357
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
Notice of Data
Availability
Final Action
09/05/00 65 FR 53681
06/14/05 70 FR 34437
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA17
3222. 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 05/00/07
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,
2844T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0816
Fax: 202 566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA19
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3223. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
amending the Federal criteria for
municipal solid waste landfills
(MSWLF) to allow leachate
recirculation over alternative liner
systems which meet the performance
standard specified by the MSWLF
criteria. The performance determination
would be made by the state director
of an approved MSWLF program. EPA
also plans to propose a new section to
the MSWLF criteria that will allow the
alternative of clean closure of landfills
rather than require the installation of
a landfill cap. This would allow the
solid waste in the MSWLF to be totally
removed from the site and be properly
disposed of at another site. Finally,
EPA plans to propose an additional
factor for determining the frequency of
ground water monitoring for the
detection monitoring program specified
in this subpart. The additional factor
for consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
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EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
less than once a year as stated in the
existing regulation. The Federal role is
to establish minimum protective
criteria. This proposal would allow
additional flexibility for facility
managers of municipal landfills to
achieve compliance with the criteria.
By providing additional flexibility this
proposal will reduce potential costs
while providing alternative means of
environmental protection.
Timetable:
Action
Date FR Cite
NODA
NPRM
04/06/00 65 FR 18014
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4230;
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Craig Dufficy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-9037
Fax: 703 308-8686
Email: dufficy.craig@epa.gov
Richard Kinch, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5307W,
Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AE67
3224. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent-contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over-regulated
because they pose little threat to human
health and the environment. Industrial
wipes are used with solvents across
industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic sub-sectors, but many users
use small numbers of wipes with small
amounts of solvents on them. If
finalized, this regulation would provide
regulatory relief for two types of
solvent-contaminated industrial wipes:
(l) disposable wipes, which are
disposed of in a landfill or by
combustion after use, and (2) reusable
wipes, which are laundered after use
to remove the solvent and then are
used again. EPA proposed to
conditionally exclude disposable
industrial wipes from the definition of
hazardous waste and to conditionally
exclude reusable industrial wipes from
the definition of solid waste. The
regulation, if finalized, is estimated to
result in $34 million of savings
throughout the economy and has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
11/20/03 68 FR 65586
01/00/07
06/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091;
EPA 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,
5304W, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
3225. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Priority: Other Significant
Legal Authority: 42 USC 6902; 42 USC
6921 to 6930; 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: Many metal finishers and
other industrial sectors generate an
electroplating sludge as part of their
production process that is amenable to
recycling; i.e., the sludge contains
economically recoverable amounts of
metals such as copper, nickel, zinc, etc.
These sludges (F006) are listed
hazardous wastes subject to RCRA
regulations. Many generators continue
to send these sludges for treatment and
disposal when they could be recycled.
Similarly, generators currently sending
their sludges for recycling receive no
economic benefit for this practice.
Since the mid-1990s, EPA has been
working with industry and the States
to create incentives for safe recycling
and has promulgated rules to foster this
practice. EPA is currently evaluating
several options that would provide
regulatory relief to generators and
handlers of F006. All options would
reduce regulatory costs to generators
and handlers relative to the current
RCRA subtitle C regulatory program.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4651;
EPA Docket information: EPA-HQ-
RCRA-2005-0012
Agency Contact: Jim OLeary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Email: oleary.jim@epamail.epa.gov
Charlotte Mooney, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-7025
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Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AE97
3226. HAZARDOUS WASTE
MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE (F019 LISTING
AMENDMENT IN WASTEWATER
TREATMENT SLUDGES FROM ZINC
PHOSPHATING PROCESSES IN
AUTOMOTIVE ASSEMBLY PLANTS)
Priority: Other Significant
Legal Authority: 42 USC 3001
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Legal Deadline: None
Abstract: Automobile manufacturers
are adding aluminum or aluminized
components to automobiles to reduce
the weight of vehicles to increase fuel
economy. When aluminum components
are added to the automobile assembly
process, the current Federal regulations
require that the wastewater treatment
sludges generated from this conversion
coating process be managed as a
hazardous waste under the Resource
Conservation and Recovery Act. EPA
intends to reduce burden on the
regulated community by revising the
current RCRA regulations that apply to
the wastewater treatment sludges from
the chemical conversion coating (zinc
phosphating) of aluminum.
Timetable:
Action
Date FR Cite
NPRM
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4834;
EPA Docket information: EPA-HQ-
RCRA-2004-0019
Agency Contact: James Michael,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Gail Cooper, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8419
Fax: 703 308-0514
Email: cooper.gailann@epa.gov
RIN: 2050-AG15
3227. 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
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4920;
No legal deadline.; EPA Docket
information: EPA-HQ-RCRA-2003-0012
Sectors Affected: 6113 Colleges,
Universities and Professional Schools;
6112 Junior Colleges
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0522
Email: mercer.patricia@epa.gov
Anna Tschursin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8805
Fax: 703 308-0522
Email: tschursin.anna@epa.gov
RIN: 2050-AG18
3228. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The Performance Track
program provides recognition and
incentives for facilities that
demonstrate to the Agency that they are
top environmental performers.
Performance Track is a voluntary,
facility based program that reviews
applicants twice a year for conformance
to four core criteria. These criteria are:
a commitment to continuous
improvement, a well-functioning
Environmental Management system in
place for at least one year, a solid
record of compliance, and a
commitment to community outreach
and annual public reporting. Currently
there are about 300 members in
Performance Track. In this action, EPA
plans to propose a streamlined process
for permit modifications, performance
based standards for tanks, new
capabilities for standardized permits,
and 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.
Performance Track facilities commit to
environmental improvements that reach
beyond regulatory compliance, and as
such benefits are quantifiable via each
member facilities' annual report, and in
aggregate through EPA's progress
reports on the program. In EPA's first
Performance Track progress report,
member facilities collectively reduced:
Energy use by 3.1 million MMBTUs;
Water use by 775 million gallons;
Hazardous materials use by 17,996
tons; Solid waste by 176,126 tons;
Hazardous waste by 6,558 tons;
Emissions of greenhouse gases by
40,193 tons; Emissions of nitrogen
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EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
oxides (NOx) by 2,152 tons; Emissions
of sulfur dioxide (SO2) by 13,621 tons;
and toxic discharges to water by 6,834
tons. Members also increased their use
of reused and recycled materials by
13,760 tons and preserved or restored
4,485 acres of habitat.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/06
03/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4828;
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2884
TDD Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epamail.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566-2872
TDD Phone: 202 566-2872
Fax: 202 566-2985
Email: guest.david@epamail.epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3229. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
government procurement of these
items. Once designated, procuring
agencies are required to purchase these
items with the highest percentage of
recovered materials practicable.
Government procurement of EPA-
designated items containing recovered
materials fosters markets for recovered
materials and, thereby, closes the
recycling loop. To date, EPA has
designated 61 items under four
Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3 and
CPG4). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG which provides
recommendations on buying the
designated items. The E.O. requires
EPA to update the CPG every 2 years.
EPA has proposed one new and one
revised item designation in CPG5.
In addition, CPG Nylon Carpet was
originally proposed with CPG IV, but,
not included in the final designation
because more information was needed.
A Notice of Data Availability was
issued asking for that information. EPA
is now considering finalizing the CPG
for Nylon Carpet separately from CPG
IV and V.
Timetable:
Action
Date FR Cite
NPRM-CPG1
Final CPG 1
NPRMCPG2
Final CPG2
NPRM-CPG3
04/20/94 59 FR 18892
05/01/95 60 FR 21370
11/07/96 61 FR 57748
11/13/97 62 FR 60962
08/26/98 63 FR 45558
Final-CPG3-RMAN3 01/19/00 65 FR 3069
NPRMCPG4 08/28/01 66 FR 45256
NODAon Nylon 07/16/03 68 FR42040
Carpet
NPRM-CPG5 12/10/03 68 FR 68813
Final-CPG4-RMAN4 04/30/04 69 FR 24028
Final CPG 5 10/00/06
Final CPG for Nylon 10/00/06
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: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-0199
Fax: 703 308-8686
Email: nogas.sue@epa.gov
Marlene Regelski—Reddoor,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
RIN: 2050-AE23
3230. REGULATION OF HAZARDOUS
OIL-BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM TO PRODUCE
SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6974
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil-
bearing secondary materials, generated
by the petroleum refining industry and
others, from the definition of solid
waste if the materials are destined to
be processed in a gasification device
manufacturing synthesis gas fuel. We
are considering this exclusion in order
to clarify and simplify RCRA
jurisdiction, and to be consistent with
other comparable existing exclusions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/25/02 67 FR 13684
04/00/07
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Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4411;
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Larry Gonzalez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8605
Fax: 703 308-8433
Email: gonzalez.larry@epa.gov
Elaine Eby, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8449
Fax: 703 308-8605
Email: eby.elaine@epa.gov
RIN: 2050-AE78
3231. RECYCLING OF CATHODE RAY
TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action will ultimately
revise the existing Federal hazardous
waste regulations to encourage
recycling and better management of
Cathode Ray Tubes (CRTs) by providing
a conditional exclusion from the
definition of solid waste for CRTs being
recycled. A CRT is the display
component of a television or computer
monitor. A CRT is made largely of
specialized glasses, some of which
contain lead to protect the user from
X-rays inside the CRT. Due to the lead,
when they are disposed of or
reclaimed, some CRTs are hazardous
wastes under the Federal Resource
Conservation and Recovery Act (RCRA)
regulations.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4092;
EPA Docket information: EPA-HQ-
RCRA-2004-0010
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
RIN: 2050-AE52
3232. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority: Economically Significant.
Major under 5 USC 801.
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 materials
being reclaimed in a continuous
process in the generating industry. This
proposal was in part intended to
respond to various court decisions
about the extent of RCRA jurisdiction
over secondary materials being
recycled. In the same notice, the
Agency also proposed criteria for
determining whether or not hazardous
secondary materials are recycled
legitimately. EPA received numerous
comments on the proposal. Based on
comments received, EPA had
conducted studies of recycling practices
and the circumstances in which
recycling of hazardous wastes caused
environmental problems. We are
developing a rule or rules which will
address commenters'concerns regarding
various aspects of the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
Action Taken
10/28/03 68 FR 61558
12/00/06
Action
Date
FR Cite
NPRM
Final Action
06/12/02 67 FR 40508
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4670;
Listed in the 2005 OMB report,
Regulatory Reform of the U.S.
Manufacturing Sector. EPA and OMB
have determined that this reform has
potential merit and justifies further
action.; EPA Docket information: EPA-
HQ-RCRA-2002-0031
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epamail.epa.gov
RIN: 2050-AE98
3233. CRITERIA FOR SAFE AND
ENVIRONMENTALLY PROTECTIVE
USE OF GRANULAR MINE TAILINGS
Priority: Other Significant
Legal Authority: Public Law 109-59
CFR Citation: 40 CFR 278
Legal Deadline: Final, Statutory,
February 6, 2006, the 2005
Transportation Equity Act requires the
Agency to establish criteria within 180
days of enactment.
Abstract: The 2005 Transportation
Equity Act requires EPA to establish
criteria for the safe and
environmentally protective use of
granular mine tailings (chat) from the
Tar Creek, Oklahoma Mining District in
cement and concrete products and in
transportation construction projects.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/04/06 71 FR 16729
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5019;
EPA Docket information: EPA-HQ-
RCRA-2006-0097
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Final Rule Stage
Agency Contact: Stephen Hoffman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-8413
Fax: 703 605-0595
Email: hoffman.stephen@epa.gov
Richard Kinch, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5307W,
Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AG27
3234. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date
FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 04/14/03 68 FR 18042
Final Action 01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565;
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703 308-6787
Fax: 703 308-0513
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3235. 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, 2/7/95). On
August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA Subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD. The Agency is now considering
an approach whereby it would finalize
the proposed option of issuing the
protective CKD management standards
as described in the August 20, 1999
proposal as a RCRA Subtitle D rule.
The Agency would temporarily
suspend its active consideration of the
proposed listing of mismanaged CKD as
a hazardous waste, and assess how
CKD management practices and state
regulatory programs evolve over the
next 3 to 5 years. Based on this
assessment, EPA will then proceed to
either formally withdraw or promulgate
the portion of the 1999 proposal that
classifies as a RCRA hazardous waste
CKD that has been egregiously
mismanaged. EPA will be promoting
pollution prevention, recycling, and
safer disposal of CKD by considering
finalization of protective management
standards for this waste. The Agency
believes that these management
standards are a creative, affordable, and
common sense approach that can
protect human health and the
environment without imposing
unnecessary regulatory burdens on the
cement industry. These standards
provide a new, tailored framework that
safeguards ground water and limits risk
from releases of dust to air.
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 68130
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 308-8686
Email: englander.jana@epamail.epa.gov
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE34
3236. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
steam electric power generators, i.e.,
electric utilities and independent
power producers. This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), which
concluded that waste management
regulations under RCRA are appropriate
for certain coal combustion wastes. The
utility industry has made significant
improvement in its waste management
practices over recent years, and most
state regulatory programs are similarly
improving. However, public comment
and other analyses have convinced the
Agency that coal combustion wastes
could pose significant risks to human
health and the environment if they are
not properly managed. There is
sufficient evidence that adequate
controls may not be in place. For
example, 62 percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these 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
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go
unaddressed. The Agency also believes
the timeframe for improvement of
current practices is likely to be longer
in the absence of Federal regulation.
Timetable:
Action
Date
FR Cite
NPRM
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470;
This rule may also impact Federal,
State, local or tribal governments that
own coal-burning commercial electric
power generating facilities.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 308-8686
Email:
livnat.alexander@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE81
3237. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES—
NON-POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
non-utility combustors. Non-utility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, (i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The intended benefits
of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is analyzing this
information. The Agency will also
analyze the human health and eco
risks, costs, and economic impact of
this action as it develops the proposed
regulations.
The Agency has considered alternatives
to this action, including regulating
these wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance to industry
and State and local governments to
focus on the waste management issues
but concluded that there will probably
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go
unaddressed. The Agency is
considering alternatives to regulation of
mine placement under RCRA per this
action, including consulting with the
U.S. Department of the Interior on
appropriate measures under the Surface
Mining Control and Reclamation Act
(SMCRA) or some combination of both
SMCRA and RCRA.
The schedule has been deferred
pending results of a National Academy
of Sciences study of the health and
environmental risks associated with
placement of power plant coal
combustion byproducts in coal mines.
Timetable:
Action
Date FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4469;
This rule may also impact Federal,
State, local or tribal governments that
own/operate coal-burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
mines that accept coal combustion
wastes.
Sectors Affected: 325 Chemical
Manufacturing; 2121 Coal Mining;
22112 Electric Power Transmission,
Control and Distribution; 311 Food
Manufacturing; 337 Furniture and
Related Product Manufacturing; 62
Health Care and Social Assistance; 322
Paper Manufacturing; 331 Primary
Metal Manufacturing; 313 Textile Mills;
336 Transportation Equipment
Manufacturing
URL For More Information:
http://www.epa.gov/epaoswer/other/
fossil/index.htm
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8429
Fax: 703 308-8686
Email:
robinson.bonnie@epamail.epa.gov
RIN: 2050-AE83
3238. RCRA SMARTER WASTE
REPORTING
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264.73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7; 40 CFR
268.9; 40 CFR 270.16; 40 CFR 270.17
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4735;
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AF01
3239. E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(ECOS) partnership agreement that EPA
Region 3 entered into with the six State
environmental agencies. As part of the
partnership agreement, the Region
agreed to prepare a regional rule and
to expedite its promulgation by using
the direct final rulemaking process. The
direct final was withdrawn because
there were adverse comments on the
rule. Originally, rule was to be used
as a model for electronic recycling
nationwide by EPA Region 3 and the
Mid-Atlantic States (DE, DC, MD, PA,
VA, WV). However, the usefulness of
this rule as a pilot project will likely
be overtaken upon promulgation of
EPA's national proposed cathode ray
tube (CRTs) exclusion from the
definition of solid waste (e.g., CRTs are
the video display components of
televisions and computer monitors).
The national rule is currently being
reviewed within the Agency.
Timetable:
Action
Date FR Cite
NPRM 12/26/02 67 FR 78761
Direct Final 12/26/02 67 FR 78718
Direct Final Withdrawn 02/24/03 68 FR 8553
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4701;
Agency Contact: Marie Holman,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19130
Phone: 215 814-5463
Email: holman.marie@epamail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
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23365
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Philadelphia, 1807T, Philadelphia, PA
19130
Phone: 202 566-2184
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3240. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 Subpart H
(Revision); 40 CFR 262.58; 40 CFR
264.12(a)(2); 40 CFR 265.12(a)(2)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 Subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This is in
response to the fact that there is now
approximately $30-40 billion in annual
trade among developed countries in
waste recyclables, with the U.S. having
a positive trade balance. Because each
of the developed countries (the OECD
countries) had a different system for
controlling the exports and imports of
waste, including recyclables, the
international recycling market was not
as efficient as it could be. A more
streamlined, uniform system for exports
and imports will also increase recycling
and lessen disposal. The U.S. was
actively involved in the negotiation of
a legally-binding OECD multilateral
agreement to create a more streamlined
system. OECD Member countries are
then obligated to transfer the terms of
the multilateral agreement to their
domestic regulations in order for the
multilateral agreement to have legal
authority. This regulation would be
amended to comply with changes
passed by the OECD Council. Existing
waste lists may be restructured to
comply with the new OECD waste lists.
As such, previously existing waste lists
may be renamed according to adopted
OECD terminology. Shipments of small
waste amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon final
recovery of wastes and timeframes for
recovery operations may be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because international exports
and imports are overseen at the Federal
level due to the foreign powers
authority clause. Many alternatives
were considered by government and
industry during the intensive
negotiations on the legally binding
multilateral agreement, with the U.S.
having a great deal of influence over
which alternatives were in the final
agreement. The Agency plans to codify
the streamlining provisions of the
OECD multilateral agreement,
regulating exporters and importers of
waste recyclables. Exporters and
importers of waste recyclables will
need to implement the international
uniform procedures of the OECD
multilateral agreement, however these
costs will be less than would be needed
to deal with different national export
and import systems. In addition, some
common existing export and import
procedures were streamlined so that the
new procedures are even more efficient
than was common in the past. The
benefits are greater administrative
efficiency for U.S. exporters and
importers in the international recycling
market, and a lower level of waste
disposal in the U.S. since there is more
efficient access to other recycling
markets.
Timetable:
Action
Date
FR Cite
NPRM
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
EPA Docket information: EPA-HQ-
RCRA-2005-0018
Agency Contact: Marc Thomas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0023
Fax: 703 308-0514
Email: thomas.marc@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
3241. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self-insure
their environmental obligations for
closure, post-closure care and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage, and disposal
facilities. If such a firm were to enter
bankruptcy, the government could
incur the clean up liability. EPA's
regulations set the minimum national
standards for State hazardous waste
programs, and so a change in Federal
requirements would be necessary to
ensure consistent improvements in the
test. Without rulemaking, States would
have the option of not adopting these
changes, and so the improvement in the
test would not be implemented in
States that cannot have regulations that
are more stringent than Federal
standards. The proposal considered
several alternative financial tests, and
the analysis supporting the original
proposal found that the savings from
the proposed alternative would be $19
million in public and private costs. If
EPA promulgates a revised financial
test, it may affect companies that treat,
store, or dispose of hazardous waste.
EPA has suspended work on this
rulemaking because it has asked the
Environmental Financial Advisory
Board (a Federal advisory committee)
to evaluate the financial test proposed
in 1991 as one means of complying
with the requirements for financial
assurance for closure and post-closure
under RCRA Subtitle C. Specifically,
EPA has asked the Board, "Should EPA
adopt the financial test proposed in
1991 for hazardous waste, or have
advancements in financial analysis
provided better potential tests in the
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
meantime?" The Agency received a
report from the Board in January, 2006
and will evaluate the report before
deciding how to proceed with the 1991
proposed rulemaking.
Timetable:
Action
Date FR Cite
NPRM Original
NPRM
Final Action
07/01/91 56 FR 30201
10/12/94 59 FR 51523
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2647;
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
3242. REVISIONS OF THE LEAD-ACID
BATTERY EXPORT NOTIFICATION
AND CONSENT REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR Subpart G 266.80
(a)
Legal Deadline: None
Abstract: Currently, generators,
transporters, and facilities that reclaim
but do not store spent lead-acid
batteries are exempt from hazardous
waste management requirements, as
specified in 40 CFR part 266 subpart
G. Spent lead-acid batteries destined for
export/reclamation are not, therefore,
subject to RCRA manifesting or export
notification and consent requirements
specified in 40 CFR part 262. Allowing
the export of spent lead-acid batteries
without prior notice and consent of the
receiving country is not consistent with
widely-accepted international practices.
Similarly, the exemption contrasts with
more recent Universal Waste
requirements in 40 CFR part 262,
which require export notice and
consent for comparable waste streams.
The purpose of this regulation is to
modify the spent lead-acid battery
exemption to require appropriate notice
and consent for those batteries intended
for export.
Timetable:
Action
Date FR Cite
NPRM
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4778;
Agency Contact: Kiana Sarraf,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 22202
Phone: 703 308-8489
Fax: 703 308-0514
Email: sarraf.kiana@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AF06
3243. LAND DISPOSAL
RESTRICTIONS:
MACROENCAPSULATION OF
RADIOACTIVE LEAD SOLIDS;
DEFINITION OF
MACROENCAPSULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: Currently the use of
containers is prohibited for the disposal
of radioactive lead solids. This
necessitates the segregation and
separation of radioactive lead solids
from other debris. Containers of high
density polyethylene (HOPE) can be
constructed that provide a resistant
barrier to degradation by the wastes
and materials into which it may come
into contact after disposal.
EPA is developing a proposed rule to
remove this container prohibition
because macroencapsulation
technologies have evolved into suitable
disposal nonleachable technologies. We
believe these changes in disposal
practices will promote more efficient
cleanup of contaminated sites by
removing a regulatory distinction
between radioactive lead solids and
other forms of hazardous debris, reduce
worker exposures, and promote further
advancement in new technologies for
disposal. The use of containers are
expected to be less costly than
extrusion coatings and, therefore, this
action would be cost neutral to cost
beneficial to the Department of Energy
and other generators of radioactive lead
solids.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4743;
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt.
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Agency Contact: Juan Parra,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0478
Fax: 703 308-8433
Email: parra.juan@epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epa.gov
RIN: 2050-AF12
3244. HAZARDOUS WASTE MANIFEST
REVISIONS—STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 6922; 42 USC
6923; 42 USC 6924; 42 USC 6926; PL
105-277
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: This action is aimed at
continuing the development of
regulatory standards and procedures
that will govern the initiation, signing,
transmittal, and retention of hazardous
waste manifests using electronic
documents and systems. EPA proposed
electronic manifest standards in May
2001, as part of a more general manifest
revision action that also addressed
standardizing the paper manifest form's
data elements and procedures for its
use across all states. The Manifest Form
Revisions was decoupled from action
on the electronic manifest, and the
Final Form Revisions Rule was
published on March 4, 2005. The May
2001 proposed rule included: (1)
electronic file formats for the manifest
data elements; (2) electronic signature
options; and (3) computer security
controls aimed at ensuring data
integrity and reliable systems.
Subsequently in May 2004, a
stakeholder meeting collected
additional stakeholder views on the
future direction of the electronic
manifest. Based on the record
developed for the proposed standards
and the additional views from
stakeholders at the May 2004 meeting,
EPA is considering final action on the
proposed standards.
However, since the publication of the
proposed rule in 2001, EPA has found
that there is a fairly broad consensus
in favor of the development of a
national e-manifest system by EPA.
EPA is now considering the option of
developing a national system, but
EPA's ability to pursue this option will
depend on new funding being
authorized or on new authority for EPA
to collect user fees.
Timetable:
Action
Date FR Cite
NPRM
Notice of Public
Meeting
Final Action
05/22/01
04/01/04
06/00/07
66 FR 28240
69 FR 171 45
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; Split from RIN 2050-AE21.;
EPA Docket information: EPA-HQ-
RCRA-2001-0032
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Agency Contact: Rich LaShier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epamail.epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AG20
3245. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Priority: Other Significant
Legal Authority: RCRA 4004
CFR Citation: 40 CFR 261.38
Legal Deadline: None
Abstract: EPA currently excludes
specific industrial wastes, also known
as comparable fuels, from the Resource
Conservation and Recovery Act (RCRA)
when they are used for energy
production and do not contain
hazardous constituent levels that
exceed those found in a typical
benchmark fuel that facilities would
otherwise use. Using such wastes as
fuel saves energy by reducing the
amount of hazardous waste that would
otherwise be treated and disposed,
promotes energy production from a
domestic, renewable source, and
reduces use of fossil fuels. With an
interest in supplementing the nation's
energy supplies and to ensure that
energy sources are managed only to the
degree necessary to protect human
health and the environment, EPA, as
part of the Resource Conservation
Challenge, is examining the
effectiveness of the current comparable
fuel program and considering whether
other industrial wastes could be safely
used as fuel as well.
Timetable:
Action
Date FR Cite
NPRM
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4977;
Agency Contact: Mary Jackson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: jackson.mary@epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Email: davis.hugh@epa.gov
RIN: 2050-AG24
3246. • NESHAP FOR HAZARDOUS
AIR POLLUTANTS FOR HAZARDOUS
WASTE COMBUSTORS
Priority: Other Significant
Legal Authority: 42 USC 6924; 42 USC
6925; 42 USC 7412; 42 USC 7414
CFR Citation: 40 CFR 63; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: Section 112 of the CAA
requires that EPA establish NESHAP for
the control of hazardous air pollutants
(HAP) for both new and existing major
sources. The CAA requires the
NESHAP to reflect the maximum
degree of reduction in emissions of
HAP that is achievable. This level of
control is commonly referred to as
MACT (for Maximum Achievable
Control Technology). EPA published
NESHAP for hazardous waste
combustors on April 20, 2004, and we
published the final rule on October 12,
2005. Following promulgation of the
hazardous waste combustor final rule,
the Administrator received four
petitions for reconsideration pursuant
to section 307(d)(7)(B) of the Clean Air
Act from the Ash Grove Cement
Company, the Cement Kiln Recycling
Coalition, the Coalition for Responsible
Waste Incineration, and the Sierra Club.
Under this section of the CAA, the
Administrator is to 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. Among these petitions
for reconsideration, EPA is being asked
to reconsider approximately twenty
aspects of the final rule. This
workgroup will engage in a rulemaking
process to address those issues for
which EPA decides to grant
reconsideration.
Timetable:
Action
Date FR Cite
NPRM
Administrative Stay
NPRM
Final Action
03/23/06 71 FR 14665
03/23/06 71 R 14655
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5047;
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3247. RCRA BURDEN REDUCTION
INITIATIVE
Priority: Other Significant
CFR Citation: 40 CFR 261.38; 40 CFR
264.16; 40 CFR 264.52; 40 CFR 264.56;
40 CFR 264.73; 40 CFR 264.98 et seq;
40 CFR 265.16; 40 CFR 265.52; 40 CFR
265.56; 40 CFR 265.73; 40 CFR 265.98
et seq; 40 CFR 266.103; 40 CFR 261.4;
40 CFR 268.7; 40 CFR 268.9
Completed:
Reason
Date
FR Cite
Final Action
04/04/06 71 FR 16862
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Elaine Eby
Phone: 703 308-8449
Fax: 703 308-8605
Email: eby.elaine@epa.gov
RIN: 2050-AE50
3248. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 261
Completed:
Completed:
Reason
Date
FR Cite
Suspended
03/01/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sammy Ng
Phone: 703 603-7166
Email: ng.sammy@epamail.epa.gov
RIN: 2050-AD69
3249. HAZARDOUS WASTE
GENERATOR PROGRAM
EVALUATION
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 262
Reason
Date
FR Cite
Withdrawn 02/22/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jim OLeary
Phone: 703 308-8827
Email: oleary.jim@epamail.epa.gov
RIN: 2050-AG25
3250. • NESHAP FOR HAZARDOUS
WASTE COMBUSTORS
(AMENDMENTS)
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
3004; 42 USC 6925 RCRA 3005; 42 USC
7412 CAA 112; 42 USC 7414 CAA 114
CFR Citation: 40 CFR 63; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: EPA issued a rule to clarify
the NESHAP for hazardous waste
combustors rule signed October 12,
2005. In the October 12, 2005 rule, EPA
inadvertently included three new or
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
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EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
revised bag leak detection system
requirements for some hazardous waste
combustors—incinerators, cement kilns,
and lightweight aggregate kilns—among
implementation requirements taking
effect on December 12, 2005, rather
than the intended compliance date of
three years after promulgation—October
14, 2008. The provisions establish more
stringent requirements for these
hazardous waste combustor sources
which cannot readily be complied with
on short notice and are inextricably
tied to the revised emissions standards
(which also take effect in 2008).
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
12/19/05 70 FR 75096
12/19/05 70 FR 75042
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No.
3333.1; EPA publication information:
Direct Final Action -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
19/a24198.htm; Split from RIN 2050-
AE01. For information on the Phase I
portion of this effort, see SAN 4418,
RIN 2050-AE79.; EPA Docket
information: 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
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
Shiva Garg, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8459
Fax: 703 308-8433
Email: garg.shiva@epa.gov
RIN: 2050-AG30
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Proposed Rule Stage
3251. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFR PART 112
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: EPA will propose to amend
40 CFR part 112, which includes the
Spill Prevention, Control, and
Countermeasure (SPCC) rule
promulgated under the authority of the
Clean Water Act. The proposed rule
may include a variety of issues
associated with the July 2002 SPCC
final rule. Specific decisions on the
scope of the rulemaking will be
determined after the final rule
associated with the Notices of Data
Availability has been completed and in
relation to EPA guidance.
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
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
03/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
2634.2; Split from RIN 2050-AC62.
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG16
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3252. OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
REQUIREMENTS—AMENDMENTS
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: On September 20, 2004, the
Environmental Protection Agency (EPA
or the Agency) issued two Notices of
Data Availability (NODAs) concerning
certain facilities and oil-filled and
process equipment. Based on its review
of the information received from the
NODAs, EPA proposed to amend the
Spill Prevention, Control, and
Countermeasure (SPCC) Plan
requirements to reduce the regulatory
burden for certain facilities by:
providing an option that would allow
owners/operators of facilities that store
less than 10,000 gallons of oil and meet
other qualifying criteria to self-certify
their SPCC Plans, in lieu of review and
certification by a Professional Engineer;
providing an alternative to the
secondary containment requirement,
without requiring a determination of
impracticability, for facilities that have
certain types of oil-filled equipment;
defining and providing an exemption
for motive power containers; and
exempting airport mobile refuelers from
the specifically sized secondary
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EPA—Oil Pollution Act (OPA)
Final Rule Stage
containment requirements for bulk
storage containers. In addition, the
Agency also proposed to remove and
reserve certain SPCC requirements for
animal fats and vegetable oils and
proposed a separate extension of the
compliance dates for farms (see 70 FR
73524, December 12, 2005). In
proposing these changes, EPA is
significantly reducing the burden
imposed on the regulated community
in complying with the SPCC
requirements, while maintaining
protection of human health and the
environment. EPA has also requested
comments on the potential scope of
future rulemaking.
Timetable:
Action
Date
FR Cite
NODA re certain 09/20/04 69 FR 56184
facilities
NODA re oil-filled and 09/20/04 69 FR 56182
process equipment
NPRM 12/12/05 70FR73524
Final Action 11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
2634.3; Split from RIN 2050-AG16.
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG23
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Completed Actions
3253. • SPCC—EXTENSION OF
COMPLIANCE DATES
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: EPA is extending the dates
by which facilities must prepare or
amend Spill Prevention, Control, and
Countermeasure Plans (SPCC Plans),
and implement those Plans. This action
would allow the Agency time to
promulgate revisions to the July 17,
2002 final SPCC rule before owners and
operators are required to meet
requirements of that rule related to
preparing or amending, and
implementing SPCC Plans. The
compliance dates are being changed
from February 17, 2006 to October 31,
2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/12/05 70 FR 73524
02/17/06 71 FR8462
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.4; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/December/Day-
12/w23917.htm; Split from RIN 2050-
AG23. Split from RIN 2050-AG16.; EPA
Docket information: EPA-HQ-OPA-
2005-0003
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG28
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3254. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Date
FR Cite
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
Date
03/06/98
03/06/98
07/28/98
07/28/98
09/18/98
09/29/98
09/29/98
01/19/99
01/19/99
02/16/99
04/23/99
05/10/99
05/10/99
07/22/99
07/22/99
FR Cite
63 FR 11 332
63 FR 11 340
63 FR 401 82
63 FR 40247
63 FR 49855
63 FR 51848
63 FR 51882
64 FR 2942
64 FR 2950
64 FR 7564
64 FR 19968
64 FR 24949
64 FR 24990
64 FR 39878
64 FR 39886
Final Pools Prairie
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
09/17/99 64 FR 50459
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 51 567
12/01/00 65 FR 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
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EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Action
Date FR Cite
Final adds 19 sites
NPRM38
Final Action-
Final Action —
NPRM1
Final 35 (adds 12
sites)
NPRM40
Final 36
NPRM-Vieques
Final 37
NPRM41
Final -Vieques
Final 38
NPRM42
Final 39
NPRM43
Final 40
NPRIVM4
Final 41
NPRM45
09/05/02
09/05/02
10/24/02
04/30/03
04/30/03
09/29/03
03/08/04
07/23/04
08/13/04
09/23/04
09/23/04
02/11/05
04/27/05
04/27/05
09/14/05
09/14/05
05/00/06
05/00/06
10/00/06
10/00/06
67 FR 56757
67 FR 56794
67 FR 6531 5
68 FR 23077
68 FR 23094
68 FR 55875
69 FR 10646
69 FR 43755
69 FR 501 15
69 FR 56949
69 FR 56970
70 FR 71 84
70 FR 21 644
70 FR 21718
70 FR 54286
70 FR 54327
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA Docket information: SFUND-2005-
0005
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: 703 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
3255. NATIONAL CONTINGENCY
PLAN REVISIONS TO ALIGN WITH
THE NATIONAL RESPONSE PLAN
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: The purpose of this
regulation is to revise the National
Contingency Plan (NCP) to align it with
the National Response Plan (NRP), as
required by the Department of
Homeland Security. The purpose of the
NCP is to provide the organizational
structure and procedures for preparing
for and responding to discharges of oil
and releases of hazardous substances,
pollutants, and contaminants (see 40
CFR 300.1). The purpose of the NRP
is to provide a common organizational
structure and procedures for Federal
departments and agencies to provide
emergency and disaster assistance to
State, tribal, and local governments for
incidents of national significance. The
NRP was developed by the Department
of Homeland Security, in close
consultation with federal (including
EPA), State, tribal, local governments,
first responder organizations, private
sector preparedness and relief groups.
Alignment of the NCP with the NRP
will facilitate smooth integration of
emergency response activities under the
NCP with the NRP when both plans
are activated. The NRP does not alter
the existing authorities of Federal
departments and agencies, but rather,
establishes the coordinating structures,
processes, and protocols required to
integrate the authorities of various
agencies into an all-hazard approach to
incident management. EPA is making
another minor revision to the NCP. The
descriptions of Federal agency
capabilities are being updated, and
modifications are being made, where
appropriate to reflect the new
Department of Homeland Security
organization.
Timetable:
Action
Date
FR Cite
NPRM 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4971;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3256. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE (K178)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA listed carbamate waste
streams and certain inorganic chemical
manufacturing process waste as
hazardous wastes under the Resource
Conservation and Recovery Act (RCRA).
RCRA listed wastes, by statute,
automatically become hazardous
substances under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) and are assigned a one
pound statutory reportable quantity
(RQJ until EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA proposed RQ
adjustments for these carbamates and
wastes. Most RQ adjustments are
greater than one pound. Raising the
RQs for these substances will decrease
the burden on 1) the regulated
community for complying with the
reporting requirements under CERCLA
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EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
and EPCRA; 2) Federal, State, and local
authorities for program implementation;
and 3) Federal, State, or local
authorities, if they release hazardous
substances at the RQ level or greater.
In addition, we proposed an RQ
adjustment for the inorganic chemical
manufacturing process waste (K178)(66
FR 58258, 11/20/01). The comment
period for the proposed rule closed
February 2, 2004. EPA is in the process
of addressing the few comments
received and going forward with the
final rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423;
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-AE12
3257. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority: Other Significant
Legal Authority: 42 USC 9603
CFR Citation: 40 CFR 302.6; 40 CFR
355.40
Legal Deadline: None
Abstract: The Agency is considering
administratively exempting from
reporting requirements the releases of
certain NOx emissions to air. This
would eliminate reports from facilities
emitting NOx where the Agency has
determined that the releases pose little
or no risk or to which a Federal
response is infeasible or inappropriate.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/04/05 70 FR 57813
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4736;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2005/October/Day-
04/fl9872.htm;
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-AF02
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3258. 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
3259. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9604(a)-(j)
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O
prescribes requirements for
administering cooperative agreements
(CAs) awarded to States, Indian tribes,
and political subdivisions to conduct
remedial actions, non-time-critical
removal actions, pre-remedial activities,
and other response activities authorized
by the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(a)-(j). In
addition, subpart O prescribes
requirements for the Superfund State
Contract that is necessary whenever
EPA or a political subdivision is the
lead agency for a CERCLA remedial
action. Subpart O was promulgated on
6/5/1990, and became effective on
7/5/1990. Since then, the Superfund
program has demonstrated several
process improvements which are not
authorized under the current
regulation. For example, the 16 Block
Funding Reform pilots established
during 1997-2000 generated at least 60
approved requests for deviations from
subpart O and 40 CFR part 31. The
planned revisions to subpart O will
make it possible to use the process
innovations tested in the pilot projects
without having to obtain deviations.
The revised rule will also update cross-
references to other regulations which
have changed, and eliminate references
to obsolete forms and regulations.
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Timetable:
Action
Date
FR Cite
Interim Final 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4177;
Agency Contact: Angelo Carasea,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8828
Fax: 703 603-9104
Email: carasea.angelo@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
3260. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
CFR Citation: 40 CFR 302.4
Completed:
Reason
Date
FR Cite
Withdrawn 02/23/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Beasley
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AE63
3261. STANDARDS AND PRACTICES
FOR CONDUCTING ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
CFR Citation: 40 CFR 312
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/26/04 69 FR 52542
11/01/05 70 FR 66070
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Patricia Overmeyer
Phone: 202 566-2774
Fax: 202-566-2757
Email:
overmeyer.patricia@epamail.epa.gov
Helen Keplinger
Phone: 202 564-4221
Fax: 202 229-3954
Email: keplinger.helen@epamail.epa.gov
RIN: 2050-AF04
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3262. 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
Final Action
12/00/06
04/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357;
URL For More Information:
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EPA—Clean Water Act (CWA)
Proposed Rule Stage
http://www.epa.gov/waterscience/rules/
unds
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Fax: 202 566-1546
Email: rappoli.brian@epa.gov
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
3263. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: 40 CFR Part 122 and 40
CFR Part 412
Legal Deadline: None
Abstract: This rulemaking is in
response to the Second Circuit's
February 28, 2005, decision in
Waterkeeper Alliance vs. EPA, which
vacated provisions in the Concentrated
Animal Feeding Operations (CAFO)
rule found at 40 CFR 412. Two
vacatures from the case affect the 1)
duty that all CAFOs need to apply for
an NPDES permit, and 2) provisions
that nutrient management plans (NMPs)
need only be kept on-site. This
proposed rule would remove the duty
to apply for all CAFOs and replace it
with a requirement for CAFOs to apply
for a permit if they discharge or
propose to discharge. The proposed
rule also would establish a process to
address the court's concerns that the
information within NMPs be available
for public comment, reviewed by the
permit authority, and incorporated into
the permit. It is EPA's intention to
make only those changes necessary to
address the issues raised by the court.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/06
06/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4996;
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epa.gov
Gregory Beatty, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epa.gov
RIN: 2040-AE80
3264. • WATER TRANSFERS RULE
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This proposed 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 proposed 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 proposed
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
05/00/06
11/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 5040;
Agency Contact: Jeremy Arling,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-2218
Fax: 202 564-6384
Email: arling.jeremy@epa.gov
Ryan Albert, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0763
Fax: 202 564-6392
Email: albert.ryan@epa.gov
RIN: 2040-AE86
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3265. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a); 42 USC 300f; 42 USC 300g-l;
42 USC 300J-4; 42 USC 300j-9(a)
CFR Citation: 40 CFR 122; 40 CFR 136;
40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136 and
the National Primary Drinking Water
Regulations under 40 CFR part 141 to
approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
and Safe Drinking Water Act. The
proposal included new methods for
metals, such as Method 200.8 (which
utilizes ICP/MS), new methods for
chemical pollutants (e.g., Method
245.7), updated methods for chemical
pollutants (e.g., Methods 300.1 and
200.7), including methods from
voluntary consensus standards bodies,
and from other external organizations
submitted under EPA's alternate test
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EPA—Clean Water Act (CWA)
Final Rule Stage
procedure program. The new and
updated methods include methods from
organizations such as the American
Society for Testing and Materials,
International Standard Methods, and
the Association of Official Analytical
Chemists-International.
Timetable:
Action
Date
FR Cite
NPRM
NODA
Final Action
04/06/04 69 FR 18166
02/16/05 70 FR 7909
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4540;
EPA publication information: NPRM -
www. epa.gov/ fedrgst/EP A-
WATER/2004/April/Day-
06/w6427.html; This action
incorporates the following analytical
methods that had previously been
tracked independently: 1. RIN 2040-
AC95, SAN 3155 - Test Procedures for
the Analysis of Miscellaneous Metals,
Anions, and Volatile Organics Under
the Clean Water Act, Phase One 2. RIN
2040-AD12, SAN 4089 - Test
Procedures for the Analysis of
Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean
Water Act, Phase Two, and 3. RIN
2040-AD52, SAN 4377 - Test
Procedures for the Analysis of Mercury
Under the Clean Water Act (Method
245.7).; EPA Docket information: OW-
2003-0070
URL For More Information:
www. epa.gov/waterscience/methods/
Agency Contact: Meghan Hessenauer,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1040
Fax: 202 566-1053
Email: hessenauer.meghan@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AD71
3266. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Other Significant
Legal Authority: CWA 101, 304, 308,
401, 402, 510
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial,
November 1, 2004.
Final, Judicial, June 1, 2006.
Abstract: This rulemaking will affect
existing facilities that use cooling water
intake structures, and whose intake
flow levels exceed a minimum
threshold to be determined by EPA
during this rulemaking. The rule would
address existing facilities in the
following industries if they meet the
specified threshold levels: pulp and
paper manufacturing facilities;
chemicals and allied products
manufacturing facilities; petroleum and
coal products manufacturing facilities;
primary metals manufacturing facilities:
and any other existing facility not
already subject to Phase 2 regulations.
EPA will also consider regulations for
certain new offshore facilities not
included in the Phase I rule, such as
offshore and coastal oil and gas
extraction facilities. Section 316(b) of
the Clean Water Act provides that any
standard established pursuant to
sections 301 or 306 of the Clean Water
Act and applicable to a point source
shall require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of this action is to
minimize the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement occurs when
fish and other aquatic life are trapped
against cooling water intake structures.
Entrainment occurs when aquatic
organisms, eggs and larvae are drawn
into a cooling system and then pumped
back out, resulting in significant injury
or mortality to the entrained organisms.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4543;
EPA publication information: NPRM -
http: //www. ep a. gov/EP A-
WATER/2004/November/Day-24; Split
from RIN 2040-AC34.EPA Docket
information: OW-2004-0002
Sectors Affected: 312 Beverage and
Tobacco Product Manufacturing; 325
Chemical Manufacturing; 61131
Colleges, Universities and Professional
Schools; 334 Computer and Electronic
Product Manufacturing; 211111 Crude
Petroleum and Natural Gas Extraction;
22111 Electric Power Generation; 335
Electrical Equipment, Appliance and
Component Manufacturing; 332
Fabricated Metal Product
Manufacturing; 311 Food
Manufacturing; 333 Machinery
Manufacturing; 21 Mining; 211112
Natural Gas Liquid Extraction; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing;
22133 Steam and Air-Conditioning
Supply; 313 Textile Mills; 336
Transportation Equipment
Manufacturing; 321 Wood Product
Manufacturing
URL For More Information:
www. epa.gov/waterscience/316b/
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303 T, Washington, DC 20460
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AD70
NPRM
NODA
Final Action
11/24/04
11/25/05
06/00/06
69 FR 68444
70 FR 71057
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
3267. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR PEAK
WET WEATHER DISCHARGES FROM
MUNICIPAL WASTEWATER
TREATMENT PLANTS SERVING
SANITARY SEWER COLLECTION
SYSTEMS POLICY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311, 1318,
1342, 1361
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. Based
on a review? of all the information
received, EPA has no intention of
finalizing the blending policy as
proposed in November 2003. EPA will
continue to review? policy and
regulatory options to manage this issue
and look forward to working with
Congress, communities, and citizens on
effective and efficient approaches that
protect communities and ensure
compliance with the Clean Water Act.
Timetable:
Action
Date
FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 76013
10/00/06
1st Draft Pol icy
2nd Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
EPA publication information: 2nd Draft
Policy -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/December/Day-
22/w7696.htm; ; EPA Docket
information: EPA-HQ-OW-2005-0523
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0040
Fax: 202 564-0742
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
3268. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI,
ENTEROCOCCI, FECAL COLIFORMS,
AND SALMONELLA UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1345; 33 USC
1361(a)
CFR Citation: 40 CFR Section 136.3
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136 to
approve several microbiological
methods for monitoring wastewater and
biosolids for use by testing laboratories.
The rule will include several analytical
methods for monitoring E. coli and
Enterococci in wastewater and several
analytical methods for monitoring fecal
coliforms and salmonella in biosolids.
Test procedures in part 136 must be
used in implementing the NPDES
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/16/05 70 FR 48256
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4950;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/August/Day-
16/wl6195.htm; ; EPA Docket
information: OW-2004-0014
URL For More Information:
www. epa.gov/waterscience/methods
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
RIN: 2040-AE68
3269. 2006 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301, 304, 306,
307
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 2, 2006.
Abstract: EPA publishes a final
Effluent Guidelines Plan every other
year after taking comment on a
preliminary plan, as required by
Section 304(m) of the Clean Water Act.
This Federal Register notice presents
EPA's Effluent Guidelines Program Plan
for 2006. This notice also discusses
EPA's annual review? of effluent
limitations guidelines and standards
undertaken pursuant to sections 304(b),
304(g), and 307(b). EPA's 2006 Plan
will identify guidelines that may be
revised or new? guidelines that may be
developed, and will provide a schedule
for such rulemaking.
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23377
EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Plan
08/29/05 70 FR 51042
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4965;
EPA publication information: NPRM -
www. epa.gov/ fedrgstr/EP A-
WATER/2005/August/Day-
29/wl7032.htm; ; EPA Docket
information: OW-2004-0032
URL For More Information:
www.epa.gov/guide/plan.html
Agency Contact: Carey lohnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epa.gov
lanet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Email: goodwin.janet@epa.gov
RIN: 2040-AE76
3270. RULEMAKING ON DIRECT
APPLICATION OF PESTICIDES TO
WATERS OF THE UNITED STATES IN
COMPLIANCE WITH FIFRA
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 122.3
Legal Deadline: None
Abstract: EPA is working to codify its
February 1, 2005, proposed rulemaking
and interpretive statement entitled
"Application of Pesticides to Waters of
the United States in Compliance with
FIFRA." The proposed rulemaking and
interpretive statement proposed to
revise the NPDES permit program
regulations to incorporate the substance
of the interpretive statement, which
clarifies when pesticides are applied to
waters of the United States in
compliance with FIFRA, an NPDES
permit is not required in two
circumstances: (1) The application of
pesticides directly to waters of the
United States in order to control pests.
Examples of such applications include
applications to control mosquito larvae,
aquatic weeds, or other pests that are
present in the waters of the United
States. (2) The application of pesticides
to control pests that are present over
waters of the United States, including
near such waters, that results in a
portion of the pesticides being
deposited to waters of the United
States; for example, when insecticides
are aerially applied to a forest canopy
where waters of the United States may
be present below the canopy or when
pesticides are applied over, including
near, water for control of adult
mosquitoes or other pests.
Timetable:
Action
Date FR Cite
NPRM 02/01/05 70 FR 5093
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4995;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/February/Day-
01/wl868.htm;
Agency Contact: Virginia Garelick,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-2316
Fax: 202 564-6384
Email: garelick.virginia@epa.gov
Allison Wiedeman, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE79
3271. AMENDMENTS TO NPDES
REGULATIONS FOR STORM WATER
DISCHARGES FROM OIL/GAS
EXPLORATION, PRODUCTION,
PROCESSING, OR TREATMENT
OPERATIONS, OR TRANSMISSION
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: CWA 402(p)
CFR Citation: 40 CFR 122.26
Legal Deadline: None
Abstract: On January 6, 2006, EPA
published a notice of proposed
rulemaking in the Federal Register (71
FR 894) to codify in the Agency's
regulations changes to the Federal
Water Pollution Control Act resulting
from the Energy Policy Act of 2005.
This proposed action would modify
National Pollutant Discharge
Elimination System regulations to
provide that certain storm water
discharges from field activities,
including construction, associated with
oil and gas exploration, production,
processing, or treatment operations, or
transmission facilities would be exempt
from National Pollutant Discharge
Elimination System permit
requirements. In this action, EPA
would also encourage voluntary
application of best management
practices for oil and gas field activities
and operations to minimize the
discharge of pollutants in storm water
runoff and protect water quality. After
reviewing public comments on the
proposed rulemaking, EPA will
promulgate a final rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/06/06 71 FR894
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4979;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2006/January/Day-06/w36.htm;
; EPA Docket information: EPA-HQ-
OW-2002-0068
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0652
Fax: 202 564-6431
Email: smith.jeff@epa.gov
Deborah Nagle, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-1185
Fax: 202 564-6431
Email: nagle.deborah@epa.gov
RIN: 2040-AE81
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23378
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3272. 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 } of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. This rulemaking
will propose revisions to subpart J to
clarify and change protocols for
effectiveness and toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) which may affect natural resources
belonging to or under the exclusive
management authority of the United
States.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
www. epa.gov/oilspill
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1970
Fax: 202 564-2625
Email: nichols.nick@epa.gov
Leigh DeHaven, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1974
Fax: 202 564-2625
Email: dehaven.leigh@epa.gov
RIN: 2050-AE87
3273. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards, and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). EPA refers
to this rulemaking as Pulp and Paper
Phase III. EPA is considering the public
comments on the proposed rule and the
new data acquired since proposal. EPA
will consider as part of its effluent
guidelines review process under CWA
section 304 (b) whether to proceed with
the rulemaking or whether assistance to
states will more appropriately address
any concerns with discharges from
these facilities.
Timetable:
Action
NPRM
Final Action
Date
12/17/93
To Be
FR Cite
58 FR 66078
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370;
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
URL For More Information:
http://www.epa.gov/waterscience/
pulppaper/reg.html
Agency Contact: Donald Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email:
anderson.donaldf@epamail.epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epamail.epa.gov
RIN: 2040-AD49
3274. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new EPA methods for the
determination of trace metals at EPA's
water quality criteria levels. These
methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's water quality
standard. Because the methods
currently approved under 40 CFR part
136 were designed to support primarily
technology-based permitting needs, and
because these technology-based levels
are as much as 280 times higher than
water quality-based criteria for metals,
EPA is pursuing approval of new test
procedures.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23379
EPA—Clean Water Act (CWA)
Long-Term Actions
Additional Information: SAN No. 3702;
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC75
3275. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: EPA is considering
preparation of a document that would
highlight the flexibility already
contained in some EPA Methods that
are currently approved for Clean Water
Act compliance monitoring under 40
CFR part 136, Guidelines Establishing
Test Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3714;
URL For More Information:
http://www.epa.gov/waterscience/
methods
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC92
3276. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This action would establish
performance-based measurement
procedures and guidance for use in
Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would also discuss the
format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. It would also describe EPA's
planned steps to provide additional
information through technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/199 7/March/Day-
28/w7221.htm;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC93
3277. 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.
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23380
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
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. 4049;
URL For More Information:
http://www.epa.gov/waterscience/
methods
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AD09
3278. NPDES APPLICATIONS
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1312 CWA 302; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification, and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include modifying and
streamlining existing permit application
requirements. Other revisions may be
considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Action
Date
FR Cite
NPRM
Final Action
04/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
Agency Contact: Karen Metchis,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0734
Fax: 202 564-9544
Email: metchis.karen@epamail.epa.gov
Tom Laverty, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
3279. 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
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action
Date FR Cite
NPRM
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3999;
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: 202 564-0040
Fax: 202 564-0742
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
3280. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-554, sec 1404
to 1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23381
EPA—Clean Water Act (CWA)
Long-Term Actions
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
will reduce the environmental impacts
of cruise ships operating in the waters
of Alaska, the Alexander Archipelago,
and the Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
3281. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: Clean Water Act 301;
Clean Water Act 304; Clean Water Act
306; Clean Water Act 307; Clean Water
Act 308; Clean Water Act 402; Clean
Water Act 501
CFR Citation: 40 CFR 401; 40 CFR 419
Legal Deadline: None
Abstract: Several years ago, OW
conducted a comprehensive review? of
effluent guidelines and removed from
the Code of Federal Regulations (CFR)
provisions contained in a number of
regulations that were obsolete or
redundant (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
which would be recodified by this
action is Petroleum Refining (part 419).
The revisions would also expand the
list of general definitions in section
401.11.
Timetable:
Action
Date FR Cite
NPRM 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
3282. 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 likely source of
pollutants is aircraft deicing fluid
(ADF) that is not properly recaptured,
re-used or treated before discharge.
Deicing agents typically contain glycols
and additives. There is great disparity
among airports in terms of wastewater
treatment and also in terms of
discharge permits. Based on
preliminary estimates, airports annually
discharge approximately 21 million
gallons of ADF. Early estimates of
potential reductions from treatment
technology and from pollution
prevention practices indicate that those
discharges could be lowered to 4
million gallons. Effluent guidelines for
these operations would apply only to
wastewaters that are considered point
source discharges. Discharges that are
non-point sources would not be subject
to any potential effluent guidelines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
09/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948;
EPA Docket information: OW-2004-
0038
URL For More Information:
www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
RIN: 2040-AE69
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EPA—Clean Water Act (CWA)
Long-Term Actions
3283. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
DRINKING WATER SUPPLY AND
TREATMENT
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines Plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from drinking water
treatment plants. Based on preliminary
study and on public comments,
discharges from drinking water
facilities have the potential to discharge
significant quantities of conventional
and toxic pollutants, including metals,
chlorine, and salts. Some of the sources
of these pollutants are treatment
sludges and reverse osmosis reject
wastewaters. The preliminary data is
not conclusive, and additional study
and analysis of treatability is necessary
to determine whether pollutant
reductions are technologically feasible
and economically achievable. The early
steps of regulatory development,
especially gathering additional
discharge data, will be critical to better-
informed decisions on how to proceed.
EPA is preparing to conduct a study
of a representative sample of the
industry, along with wastewater
sampling of facilities representing
different size categories and treatment
technologies.
Timetable:
Action
NPRM
Final Action
Date
12/00/07
09/00/09
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4949;
EPA Docket information: OW-2004-
0035
URL For More Information:
http://www.epa.gov/waterscience/
guide/ dw/index.htm
Agency Contact: Tom Born,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1001
Fax: 202 566-1054
Email: born.tom@epamail.epa.gov
RIN: 2040-AE74
3284. NEW/REVISED AMBIENT
WATER QUALITY CRITERIA (AWQC)
FOR RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
October 5, 2005.
Abstract: The results of four fresh
water (Great Lakes) epidemiology
studies and companion rapid fecal
indicator validation studies will be
analyzed and evaluated whether to be
used in establishing the criteria
recommended for certain fresh waters
designated for primary contact
recreation.
Timetable:
Action
Date
FR Cite
Draft Guidance To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 4967;
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
3285. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE VINYL CHLORIDE AND
CHLOR-ALKALI POINT SOURCE
CATEGORIES
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq.
CFR Citation: 40 CFR 414 (Rev) and
40 CFR 415 (Rev)
Legal Deadline: None
Abstract: EPA is considering possible
revision of the existing effluent
guidelines and standards for vinyl
chloride manufacturing and chlor-alkali
manufacturing. Currently, wastewater
discharges from vinyl chloride
manufacturing are subject to the
Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR Part 414), and
wastewater discharges from chlor-alkali
manufacturing are subject to the
Inorganic Chemicals Point Source
Category (40 CFR Part 415). Based on
preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin, and in the 2004 Effluent
Guidelines Program Plan, EPA
identified these two industrial sectors
as candidates for possible regulatory
revision. In a 2004 study (see Section
6 of
http://www.epa.gov/ost/guide/304m/
tsd.pdf), EPA found that vinyl chloride
and chlor-alkali manufacturing are
often located at the same site. The
background study includes an
industrial profile, a listing of the
targeted facilities, information on the
manufacturing processes, information
on dioxin generation, and limited
information on ways to reduce toxic
dioxin discharges. Preliminary
estimates of the scope of the
rulemaking are for 50 to 60 facilities.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/08
03/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303 T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epa.gov
Paul Shriner, Environmental Protection
Agency, Water, 4303 T, Washington,
DC 20460
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@epa.gov
RIN: 2040-AE82
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23383
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3286. EFFLUENT GUIDELINES FOR
THE IRON AND STEEL
MANUFACTURING POINT SOURCE
CATEGORY (REVISION)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 420
Completed:
Reason
Date
FR Cite
NPRM 08/10/05 70 FR 46459
Final Action 12/13/05 70 FR 73618
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Elwood Forsht
Phone: 202 566-1025
Email: forsht.elwood@epamail.epa.gov
RIN: 2040-AE78
3287. • CONCENTRATED ANIMAL
FEEDING OPERATIONS-
COMPLIANCE DATES
Priority: Substantive, Nonsignificant.
Major under 5 USC 801.
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: 40 CFR 122 and 40 CFR
412
Legal Deadline: None
Abstract: While EPA is currently
making revisions to the 2003 CAFO
regulations in light of the 2005 Second
Circuit Court of Appeals in
Waterkeeper Alliance et al. v. EPA, 399
F.3d 486, this separate, expedited rule
is necessary in order to: 1) ensure that
permit application deadlines are
subsequent to final rule revisions; and
2) make the permit application and the
nutrient management plan (NMP) due
dates coincidental in response to the
Court's decision. Revisions to other
portions of the 2003 CAFO regulations
consistent with Court's decisions will
appear in a notice of proposed
rulemaking planned for publication and
public comment in mid 2006. This final
rule extends the deadlines established
in the 2003 CAFO rule. The 2003 rule
requires facilities newly defined as
CAFOs, as of April 14, 2003, to seek
permit coverage by February 13, 2006,
and facilities that have become defined
as CAFOs due to operational changes
after April 14, 2003, to seek permit
coverage by April 13, 2006. This rule
extends those deadlines for newly
defined CAFOs to July 31, 2007. EPA
is also revising the deadline by which
CAFOs are required to develop and
implement nutrient management plans
from December 21, 2006 to July 31,
2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/21/05 70 FR 75771
02/10/06 71 FR6978
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4996.1; EPA publication information:
NPRM-
http://www. epa.gov/ fedrgstr/EP A-
WATER/2005/December/Day-
2l7w24303.htm; Split from RIN 2040-
AE80.; EPA Docket information: EPA-
HQ-OW-2005-0036
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epa.gov
Gregory Beatty, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epa.gov
RIN: 2040-AE85
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3288. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300g-l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
August 6, 2008, SDWA requires
regulatory determinations every 5 years.
Last round was made in August 2003.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non-
regulated contaminants every 5 years,
which may warrant regulation due to
their health effects and their potential
for occurrence in public water systems
(PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2, 1998
(63 FR 10247). The second CCL was
published on February 22, 2005 (70 FR
9017). In addition to publishing the
drinking water CCL, the SDWA also
requires the Agency to select five or
more contaminants from the second
CCL and determine whether to regulate
these contaminants with a National
Primary Drinking Water Regulation
(NPDWR). In order to make a
determination of whether to develop an
NPDWR for a contaminant, the SDWA
requires three statutory tests be met: 1)
the contaminant may have an adverse
effect on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: 1) regulate the contaminant
with an NPDWR; 2) develop guidance
(e.g., Health or Consumer Advisory); or
3) determine no action is necessary.
Timetable:
Action
Date
FR Cite
Preliminary Notice
Final Notice
10/00/06
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4821;
URL For More Information:
www.epa.gov/safewater/ccl/index.html
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Agency Contact: Wynne Miller,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: miller.wynne@epa.gov
Thomas Carpenter, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov
RIN: 2040-AE60
3289. NATIONAL PRIMARY DRINKING
WATER REGULATIONS FOR LEAD
AND COPPER: SHORT-TERM
REGULATORY REVISIONS AND
CLARIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: SDWA: 42 USC sec
300f et seq
CFR Citation: 40 CFR 141, 40 CFR 142
Legal Deadline: None
Abstract: This action is minor as it
makes minor additions and
clarifications to an existing regulation.
EPA undertook several activities in
2004 to determine whether a national
problem exists related to elevated
drinking water lead levels comparable
to that in the District of Columbia. This
evaluation, while it did not reveal a
national problem comparable to D.C.,
highlighted areas for improvement and
clarification to the existing lead and
copper rule and associated guidance
materials. Several short-term actions
will be initiated in 2005 and completed
during the 2005-2006 time frame. EPA
also identified several regulatory
changes that will be considered as part
of identifying more comprehensive
changes to the rule. These
considerations are longer-term as they
require additional data collection,
research, analysis, and stakeholder
involvement to support decisions.
These longer-term regulatory changes
will be examined by a separate
workgroup under an additional
regulatory action. This action addresses
the regulatory revisions to be
completed in the 2005-2006 time frame.
Regulatory changes to be addressed
include clarifications about sample
collection; clarifications to definitions
for monitoring and compliance periods;
modifications regarding public water
system notification to their state of
treatment changes prior to the change;
revisions to language related to criteria
for reduced monitoring; revisions to
language regarding consideration of
lead service line replacement for
compliance purposes; revisions to
language related to flushing guidance;
and additional requirements for
consumer notification of lead
monitoring results.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 4981;
URL For More Information:
http://www.epa.gov/safewater/lcmr/
implement.html
Agency Contact: Jeffrey Kempic,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4880
Email: kempic.jeffrey@epa.gov
RIN: 2040-AE83
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3290. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 300 g-lSDWA
1412 (b)(8); 42 USC 300J-4 SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
August 11, 2006, Settlement agreement.
Abstract: EPA proposed a targeted risk-
based regulatory strategy for all public
water systems served by ground water
in May of 2000. The proposed
requirements provide a meaningful
opportunity to reduce public health
risk for a significant number of people
served by ground water sources from
the exposure to waterborne pathogens
from fecal contamination. The proposed
strategy addresses risks through a
multiple-barrier approach that relies on
five major components: periodic
sanitary surveys of ground water
systems requiring the evaluation of
eight elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses; and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used. The
final rule will establish a risk-based
strategy as was described in the
proposed (May 2000) rulemaking.
However, the proposed design has been
improved in the draft final rule to
provide greater flexibility for states and
systems implementing the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
08/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 2340;
EPA publication information: NPRM -
http://www.epa.gov/safewater/
gwr.html; Statutory deadline for final
rule: Not later than the Administrator
promulgates a Stage II rulemaking for
disinfection byproducts (currently
scheduled for July 2005).
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23385
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
http://www.epa.gov/ogwdw/gwr.html
Agency Contact: Crystal Rodgers,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5275
Fax: 202 564-3767
Email: rodgers.crystal@epamail.epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 460 7M, Washington, DC
20460
Phone: 202 564-5257
Fax: 202 564-3767
Email: bone.tracy@epa.gov
RIN: 2040-AA97
3291. UNREGULATED CONTAMINANT
MONITORING REGULATION FOR
PUBLIC WATER SYSTEMS REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141.40
Legal Deadline: Final, Statutory,
August 6, 2004, 5 years after UCMR 1.
Abstract: The 1996 amendments to the
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this final action is to meet
that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR by making
minor modifications to the current
UCMR program to improve its
implementation, to revise the lists of
analyses to permit a second round of
monitoring, and to approve the
analytical methods needed to perform
this monitoring.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/22/05 70 FR 49093
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4770;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2005/August/Day-
22/wl6385.htm; ; EPA Docket
information: EPA-HQ-OW-2004-0001
URL For More Information:
http: //www. ep a. gov/ogwd w/ucmr/
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water, MS 140, Cincinatti, OH 45268
Phone: 513 569-7843
Email: munch.dave@epa.gov
Dan Hautman, Environmental
Protection Agency, Water, MS 140,
Cincinatti, OH 45268
Phone: 513 569-7274
Email: hautman.dan@epa.gov
RIN: 2040-AD93
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3292. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f, et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Abstract: In 1999, EPA proposed
regulations for radon which provide
flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Timetable:
Action
ANPRM
NPRM original
Notice99
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
01/00/09
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA publication information: NPRM -
http ://www. epa.gov/ogwdw/radon/
proposal.html; EPA Docket information:
EPA-HQ-OW-2003-0041
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
http://www.epa.gov/ogwdw/radon.html
Agency Contact: Rebeccak Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4689
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@epa.gov
RIN: 2040-AA94
3293. 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,
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
the Agency issued an administrative
stay of the effective date. EPA will
reexamine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental lurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3294. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water and drinking
water in a number of States due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
Presently, the Water program is
collecting and analyzing research
information on occurrence, health
effects, method sensitivity, and
treatment effectiveness.
Timetable:
Action
Date
FR Cite
NPRM 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@epa.gov
RIN: 2040-AD54
3295. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND ADDITIONAL
DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register
(68FR42907) Notice of Intent to revise
the TCR. EPA intends revisions to the
TCR to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks. "The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR by adding
distribution system requirements. The
process to do so involves a performance
evaluation, development of issue
papers on both distribution systems
and total coliform, stakeholders
meetings, and proposed and final rules.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/08
12/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775;
URL For More Information:
www. epa.gov/safewater/tcr/tcr. html
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epa.gov
Jennifer Mclain, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5248
Fax: 202 564-3767
Email: mclain.jennifer@epamail.epa.gov
RIN: 2040-AD94
3296. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
February 6, 2008, The 1996 SDWA
Amendments require EPA to publish
the third list of candidate contaminants
by February 2008. Not a rulemaking.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every 5 years of
contaminants that are known or
anticipated to occur in public water
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Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
23387
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRC) and,
as applicable, use the NRC approach
to identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs. If we identify additional
contaminants early in the evaluation
process, we may consider those
contaminants in the regulatory
determinations for 2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/07
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745;
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epa.gov
Yvette Selby, Environmental Protection
Agency, Water, 460 7M, Washington, DC
20460
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby-mohamadu.yvette@epa.gov
RIN: 2040-AD99
3297. 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: Denny Cruz,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3879
Fax: 202 564-3756
Email: cruz.denny@epa.gov
Marilyn Ginsberg, Environmental
Protection Agency, Water, 4606M,
Washington, DC 20460
Phone: 202 564-3881
Fax: 202 564-3756
Email: ginsberg.marilyn@epa.gov
RIN: 2040-AD40
3298. DRINKING WATER
REGULATIONS FOR AIRCRAFT
PUBLIC WATER SYSTEM
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: The action is to tailor
drinking water rule requirements to the
unique characteristics of aircraft to
ensure that the water passengers drink
while on an airplane is safe. This
action is necessary because aircraft
public water systems are very different
from traditional public water systems.
Aircraft fly to multiple destinations
throughout the course of any given day
and may board water from different
sources along the way. Depending on
the quality of the water that is boarded
from these multiple sources and the
care used to board the water,
contamination could be introduced.
This increases the vulnerability of the
aircraft's water system to contamination
when compared to a typical public
water system. In the United States
water loaded aboard passenger aircraft
comes from public water systems. The
water provided by public water systems
that are regulated by state and federal
authorities is among the safest in the
world; however, a significant
percentage of passenger aircraft travel
includes international destinations.
These aircraft may board water from
foreign sources which are not subject
to EPA drinking water standards.
Therefore, this action also will address
the boarding of foreign water by U.S.
aircraft.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4966;
URL For More Information:
http://www.epa.gov/safewater/
airlinewater/index2.html
Agency Contact: Rick Naylor,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3847
Fax: 202 564-3847
Email: naylor.richard@epa.gov
RIN: 2040-AE84
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23388
Federal Register/Vol. 71, No. 78/Monday, April 24, 2006/Unified Agenda
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3299. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 141 to 142; 40
CFR9
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/11/03 68 FR 47639
01/05/06 71 FR654
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions,
Organizations
Government Levels Affected: Federal,
Agency Contact: Dan Schmelling
Phone: 202 564-1781
Fax: 202 564-3767
Email: schmelling.dan@epa.gov
Sean Conley
Phone: 202 564-5281
Fax: 202 564-3767
Email: conley.sean@epa.gov
RIN: 2040-AD37
3300. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 141-142; 40 CFR
9
Completed:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Agency Contact: Tom Grubbs
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
Stig Regli
Phone: 202 564-5270
Fax: 202 564-3767
Email: regli.stig@epa.gov
Federalism: This action may have
federalism implications as defined in
EO 13132.
Reason
NPRM
Final Action
Date FR Cite
08/18/03 68 FR 49548
01/04/06 71 FR388
RIN: 2040-AD38
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3301. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. With regard to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820;
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 06-2943 Filed 04-21-06; 8:45 am]
BILLING CODE 6560-50-S
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