Regulatory Plan an
FALL 2008
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FALL 2008
Regulatory Plan and
Semiannual Regulatory Agenda
"America is shifting to a "green culture" - where all of our citizens
understand that environmental responsibility is everyone's
responsibility. By equipping Americans with environmental
information, EPA is helping the public pass down a cleaner,
healthier world"
— Administrator, Stephen L. Johnson
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ENVIRONMENTAL PROTECTION AGENCY
REGULATORY PLAN CONTENTS
Part 1: Statement of Priorities
Part 2: Actions Described in the Regulatory Plan
Sequence
Number
98
99
100
101
102
103
104
105
106
107
108
Title
Review of the Primary National Ambient Air Quality Standard
for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standards
for Oxides of Nitrogen and Oxides of Sulfur
Formaldehyde Emissions from Pressed Wood Products
Definition of Solid Waste for Non-Hazardous Materials
Greenhouse Gas Mandatory Reporting Rule
Renewable Fuels Standard Program
Risk and Technology Review Phase II Group 2A
Effluent Limitations Guidelines and Standards for the
Construction and Development Point Source Category
Prevention of Significant Deterioration and Nonattainment
New Source Review: Emission Increases for Electric
Generating Units
Hazardous Waste Manifest Revisions - Standards and
Procedures for Electronic Manifests
CERCLA- Administrative Reporting Exemption for Air
Releases of Hazardous Substances from Animal Waste at
Farms
Regulation
Identifier
Number
2060-AO19
2060-AO72
2070-AJ44
2050-AG44
2060-AO79
2060-AO81
2060-AO91
2040-AE91
2060-AN28
2050-AG20
2050-AG37
Rulemaking Stage
Prerule Stage
Prerule Stage
Prerule Stage
Prerule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Proposed Rule Stage
Final Rule Stage
Final Rule Stage
Final Rule Stage
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71254 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
OVERVIEW
The mission of the Environmental
Protection Agency (EPA) is to protect
and safeguard human health and the
environment. Since 1970, EPA, together
with its partners and stakeholders, has
been delivering a cleaner, healthier
environment to the public. EPA's
achievements, from regulating auto
emissions to banning the use of DDT,
from cleaning up toxic waste to
protecting the ozone layer, and from
increasing recycling to revitalizing
inner-city brownfields, have resulted in
cleaner air, purer water, and better
protected land. Our air is cleaner, our
water is purer, and our land is healthier
than just a generation ago.
Between 1970 and 2004, total
emissions of the six major air pollutants
dropped by 54 percent. This is
particularly impressive when noted that
the gross domestic product increased
187 percent, energy consumption
increased 47 percent, and U.S.
population grew by 40 percent during
the same time. Through land restoration
efforts, 600,000 acres of contaminated
land now provide ecological, economic,
and recreational benefits. In 2004, EPA
and its partners took action to restore,
enhance, and protect nearly 830,000
acres of wetlands. EPA continues to
build on its past success by using
regulatory and innovative approaches to
achieve effective results. In doing so, the
Agency uses three guiding principles to
govern its work to maintain the
strongest level of environmental
protection.
The Agency uses three guiding
principles to govern its work to
maintain the strongest level of
environmental protection:
• Results and Accountability. EPA is
committed to being a good steward of
our environment and a good steward
of America's tax dollars. To provide
the public with the environmental
results it expects and deserves, we
must operate as efficiently and
effectively as possible. Accountability
for results is a key component of the
President's Management Agenda,
designed to make government citizen-
centered, results-oriented, and
market-based.
• Innovation and Collaboration.
Our progress depends both on our
ability and continued commitment to
identify and use innovative tools,
approaches, and solutions to address
environmental problems and to
engage extensively with our partners,
stakeholders, and the public. Under
each of our goals, we are working to
promote a sense of environmental
stewardship and a shared
responsibility for addressing today's
challenges.
• Best Available Science. EPA needs
the best scientific information
available to anticipate potential
environmental threats, evaluate risks,
identify solutions, and develop
protective standards. Sound science
helps us ask the right questions,
assess information, and characterize
problems clearly to inform Agency
decision makers.
Science guides EPA's identification
and treatment of emerging issues and
advances our understanding of long-
standing human health and
environmental challenges. EPA's
research is typically crosscutting,
multidisciplinary, and at the cutting
edge of environmental science; reflects
the dynamic nature of science; and
brings scientific rigor to the
characterization of uncertainty and risk.
EPA applies these principles as it
works with its Federal, State, tribal, and
local government partners to advance
the mission of protecting human health
and the environment. As a result of
these collaborations, tremendous
progress has been made in protecting
and restoring the Nation's air, water,
and land:
• EPA has strengthened the Nation's air
quality standards for ground-level
ozone, revising the standards for the
first time since 1997. Ozone levels
have dropped 21 percent nationwide
since 1980 as EPA, States, and local
governments have worked together to
continue to improve the Nation's air.
• In FY 2007, 91.5 percent of the
population served by community
water systems received drinking water
that met all applicable health-based
drinking water standards.
• EPA issued four national drinking
water regulations to boost public
health and reduce risks from
pathogens and other contaminants:
the Cryptosporidium Rule, the
Disinfection Byproducts Rule, the
Ground Water Rule, and the Lead in
Drinking Water Rule.
• EPA assessed over 8,000 properties
while creating 28,500 new jobs
through the Brownfields and Land
Revitalization program since 2002.
• EPA established a permanent National
Homeland Security Research Center
in 2004 to provide scientific expertise,
advice and guidance on homeland
security issues, including how to
respond to chemical and biological
attacks.
• EPA established the U.S. as the first
country in the world to reassess all
pesticides used in food, removing
unsafe products from the marketplace
and bringing about stronger and more
effective health protections for
consumers.
• EPA's ocean survey vessel, the BOLD,
has conducted scientific surveys from
the Gulf of Mexico and the Caribbean,
to the waters of New England since
2005. The BOLD has researched red
tide, monitored coral reefs and most
notably, assisted in the Federal
response to hurricanes Katrina and
Rita — testing the coastal impact of
those storms and analyzing the health
of marine life. In 2007, the BOLD
completed 40 oceanographic surveys
while spending over 270 days at sea.
• EPA released the first-ever, national
Report on the Environment in 2003 to
educate the American people about
environmental trends in the condition
of the air, water, and land and related
trends in human health and ecological
condition in the United States.
• Over the past 6 years, EPA's climate
change partnership programs have
prevented an estimated 500 million
metric tons of greenhouse gas
emissions. That is equivalent to taking
55 million cars off the road.
• EPA also promotes international
partnerships to reduce greenhouse
gasses and deploy clean technologies.
Through the Methane to Markets
Partnership, we work with other
countries and the U.S. private sector
to reduce global methane emissions,
enhance economic growth, promote
energy security, and improve the
environment by using cost-effective
methane recovery technologies. In
addition, the United States has joined
Australia, China, India, Japan, and
South Korea in the Asia-Pacific
Partnership on Clean Development
and Climate), which will advance the
President's goal for cleaner and more
efficient technologies and practices.
EPA continues to accelerate its pace
of environmental protection while
maintaining the Nation's economic
competitiveness. To that end, the
Agency has a number of regulatory goals
in order to meet the challenge while
demonstrating progress consistent with
its principles of results and
accountability, innovation and
collaboration, and the use of the best
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available science. Using these three
principles as the foundation of its
activity, EPA is sharpening focus on
achieving measurable environmental
results on the following five strategic
goals:
Clean Air and Global Climate Change
Among the high-priority issues for
EPA over the next year and beyond are
climate change, energy efficiency, and
energy security. These issues are closely
related, and this Regulatory Plan
describes current efforts to address
them.
EPA also continues to advance its
efforts to control the more familiar air
pollutants, such as smog, soot, and
oxides of nitrogen and sulfur. While
EPA has made tremendous progress
toward achieving clean, healthy air that
is safe to breathe, air pollution
continues to be a great problem. The
average adult breathes more than 3000
gallons of air every day, and children
breathe more air per pound of body
weight. Air pollutants, such as those
that form urban smog can remain in the
environment for long periods of time
and can be carried by the wind
hundreds of miles from their origin.
This year's Regulatory Plan describes
efforts to review standards for oxides of
nitrogen and oxides of sulfur.
EPA's programs will allow the Nation
to make substantial progress in
protecting human health and
ecosystems from air pollution. For
example, by 2011, new motor vehicles,
including trucks and buses, will emit 75
to 95 percent less particulate matter and
nitrogen oxides than they did in 2003.
These programs, when fully
implemented, may prevent tens of
thousands of premature deaths and
hospitalizations, and may prevent
millions of lost work and school days
each year. These national programs will
be supplemented by local control
strategies designed to ensure that the air
quality standards are achieved and
maintained.
EPA also works to address climate
change. Since the beginning of the
industrial revolution, concentrations of
several greenhouse gases (particularly
carbon dioxide) have increased
substantially. EPA is currently working
with other Federal Agencies to
implement the President's 20 in 10
program, to reduce gasoline
consumption up to 20% in the next ten
years.
Clean and Safe Water
EPA's "Clean and Safe Water" goal
defines the improvements that EPA
expects to see in the quality of the
Nation's drinking water and of surface
waters over the next 4 years. These goals
include improving compliance with
drinking water standards, maintaining
safe water quality at public beaches,
restoring more than 2,000 polluted
waterbodies, and improving the health
of coastal waters.
In an effort to address the Nation's
aging water infrastructure system, EPA
is developing and implementing more
innovative, market-based infrastructure
financing tools for States, tribes, and
communities. These initiatives will
increase and accelerate investment in
water infrastructure and offer greater
flexibility and cost-effectiveness to
provide clean and safe water for every
American. Through technology,
innovation, and collaboration, EPA
makes better use of its resources to help
the Nation's water and wastewater
systems be highly efficient and to move
infrastructure toward greater
sustainability for many years to come.
Land Preservation and Restoration
EPA's land preservation and
restoration goal addresses the need for
managing waste, conserving and
recovering the value of wastes,
preventing releases, responding to
emergencies, and cleaning up
contaminated land. Uncontrolled wastes
can cause acute illness or chronic
disease and can threaten healthy
ecosystems.
Over the next 4 years, EPA will
establish or update approved controls to
prevent dangerous releases at
approximately 500 hazardous waste
treatment, storage, and disposal
facilities and also will address 2 long-
standing tribal waste management
concerns: increasing the number of
tribes covered by integrated waste
management plans and cleaning up
open dumps.
To reduce and control the risks posed
by accidental and intentional releases of
harmful substances, EPA plans to
maintain a high level of readiness to
respond to emergencies, lead or oversee
the response at more than 1,600
hazardous waste removals and reduce
by 25 percent the number of gallons of
oil spilled by facilities subject to
Facility Response Plan regulations
relative to previous levels. EPA and its
partners, and responsible parties will
remediate contaminated land, reduce
risk to the public, and enable
communities to return properties to
beneficial reuse. We will also apply
leading-edge scientific research to
improve our capability to assess
conditions and determine relative risks
posed by contamination at hazardous
waste sites.
Healthy Communities and Ecosystems
With a mix of regulatory programs
and partnership approaches the Agency
achieves results in ways that are
efficient, innovative and sustainable.
EPA continues to work collaboratively
with other nations and international
organizations to identify, develop, and
implement policy options to address
global environmental issues of mutual
concern. Following this, EPA strives to
build a community's capability to make
decisions that affect the environment.
EPA's efforts to share information and
provide assistance offers the tools
needed to effectively address the myriad
aspects of planned development or
redevelopment. These contributions are
tailored to circumstances spanning the
issues of sensitive communities and
international cooperation. In a similar
manner, EPA's ecosystem protection
programs encompass a wide range of
approaches that address specific at-risk
regional areas, such as large
waterbodies. EPA also works with
partners to protect larger categories of
threatened systems, such as estuaries
and wetlands. In cooperation with the
U.S. Army Corps of Engineers, EPA will
assure "no net loss" of wetlands.
Compliance and Environmental
Stewardship
EPA ensures that government,
business, and the public comply with
Federal laws and regulations by
monitoring compliance and taking
enforcement actions that result in
reduced pollution and improved
environmental management practices.
To accelerate the Nation's
environmental protection efforts, EPA
works to prevent pollution at the source,
to advance other forms of environmental
stewardship, and to employ the tools of
innovation and collaboration.
Effective compliance assistance and
strong, consistent enforcement are
critical to achieving the human health
and environmental benefits expected
from the country's environmental laws.
EPA monitors compliance patterns and
trends and focuses on priority problem
areas identified in consultation with
States, tribes, and other partners. The
Agency supports the regulated
community by assisting regulated
entities in understanding environmental
requirements, helping them identify
cost-effective compliance options and
strategies, and providing incentives for
compliance.
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EPA promotes the principles of
responsible environmental stewardship,
sustainability, and accountability to
achieve its strategic goals. Collaborating
closely with other Federal agencies,
States, and tribes, the Agency identifies
and promotes innovations that assist
businesses and communities in
improving their environmental
performance. EPA works to improve and
encourage pollution prevention and
sustainable practices, helping
businesses and communities move
beyond compliance and become
partners in protecting our national
resources and improving the
environment and our citizens' health.
Performance Management
In 2007, the Environmental Protection
Agency (EPA) was awarded the
President's Quality Award for Overall
Management for operating a results-
oriented, data-driven, performance
management system. In 2008, EPA's
management achievements included:
EPA receiving "all greens" in the five
government-wide management
initiatives under the President's
Management Agenda; the Government
Accountability Office acknowledging
EPA as a positive "outlier" among
Federal Agencies and Departments in its
use of performance management data;
EPA leading development of improved
efficiency measures for research projects
across government; working with our
State partners to align performance
measures; creating the Performance
Management Council to provide
guidance on incorporating performance
management into the Agency;
establishing a division devoted to
improving Agency outcomes; and EPA's
launch of the first Federal 'stat'
program, EPAStat, to provide frequent
information about how the Agency
performs and how our operations can be
improved. As a result, EPA is
increasingly viewed not only as a well-
managed organization, but also as a
model for making the government more
effective and efficient. You can find
additional information on performance
management and indicators, as well as
the EPA's Quarterly Management Report
at
http ://www. epa.gov/ocfo/qmr/
index.htm
Timeliness and Transparency of
Regulatory Actions
Completing actions on time or ahead
of schedule means EPA keeps its
commitments, improves the quality of
decisions, and the public and
environment benefit from EPA's key
actions sooner. As part of EPAStot, the
Agency is focusing management
attention on several dozen key actions
and tracking their adherence to an
agreed-to schedule for the completion of
a standard set of development
milestones leading to promulgation of
rules or finalization of other types of
actions. Actions that are completed on
time or early are used by EPA as
potential exemplars of best practices;
program offices that achieve timely
completion of actions are encouraged to
share their success stories and lessons
learned. Actions that are off-track are
identified early and corrective steps are
taken to expedite their completion.
The following shows the results of
EPA's effort to track the timeliness of
the Deputy Administrator's priority
actions since January 2007:
Average Number of Days Ahead (Behind) for
DA Priority Actions (beginning 1/1/2007)
Of the 26 actions being tracked
against internal milestones, 15 actions
accounted for the days behind schedule
as of 10/24/08.
EPA is also making Federal
environmental regulation more
transparent by providing on-line
information as soon as the agency
begins the development of a new rule.
EPA is using Action Initiation Lists
(AILs) to notify the public about new
rules and other regulatory actions. AILs
will be posted on the EPA Web site at
roughly the end of each month; they
will describe those actions that were
approved for commencement during the
given month. Formerly, the public had
to wait for EPA's Semiannual
Regulatory Agenda, which is updated
only every six months, to learn about
new regulatory actions. Visit the AIL at
http://www.epa.gov/lawsregs/search/
ail.html
Aggregate Costs and Benefits
Per the amendments to E.O. 12866,
we are providing a combined aggregate
estimate of costs and benefits of
regulations included in the Regulatory
Plan. Any aggregate estimate of total
costs and benefits must be highly
qualified. Problems with aggregation
arise due to differing baselines, data
gaps, and inconsistencies in
methodology and type of regulatory
costs and benefits considered. The
aggregate estimates presented combine
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annualized and annual numbers. Cost
savings are treated as benefits. Dollars
were converted to 2001 using the GDP
deflator. The ranges presented below do
not reflect the full range of uncertainty
in the benefit and cost estimates for
these rules.
It is critical to note that the aggregate
estimates omit important benefits and
costs that cannot be monetized. For
example, the estimates leave out many
health and welfare benefits, such as
ecosystem functions, visibility, avoided
cases of chronic respiratory damage,
hypertension, and coronary heart
disease, among many others. In
addition, for many of the rules in the
Plan, we were unable to estimate costs
and benefits at this time because the
range of policy options under
consideration is wide and varied.
The monetized aggregate estimates
provided below reflect the following
rules in the Regulatory Plan: (1)
Monetized cost and benefit information
was provided for: Hazardous Waste
Manifest Revisions — Standards for
Electronic Manifests Final Rule; and
Expanding the Comparable Fuels
Exclusion under RCRA; (2) Monetized
cost information (but no monetized
benefits) was provided for: Test Rule —
Certain High Production Volume (HPV)
Chemicals; (3) Monetized benefit
information (but no monetized costs)
was provided for: Spill Prevention,
Control and Countermeasure (SPCC).
Aggregate annual monetized benefits
range from $329 million to $422 million
per year. Aggregate annual monetized
costs are estimated to range from $144
million to $153 million per year.
Rules Expected to Affect Small Entities
By better coordinating small business
activities, EPA aims to improve its
technical assistance and outreach
efforts, minimize burdens to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary programs. A number of
rules included in this Plan might be of
particular interest to small businesses
including:
• Control of Emissions from Spark-
Ignition Engines and Fuel Systems
from Marine Vessels and Small
Equipment (2060-AM34);
• Renewable Fuel Standard Program
(2060-AO810); and
• Effluent Limitations Guidelines and
Standards for the Construction and
Development Point Source Category
(2040-AE91).
Reducing States' Reporting Burden
In an effort to address State concerns
over escalating reporting requirements,
EPA and the Environmental Council of
the States (EGOS) launched a joint
Burden Reduction Initiative in October
2006. This Initiative aimed to reduce
States' low-value, high-burden reporting
requirements, thus conserving both
States' and EPA's valuable resources
while maintaining a commitment to
protecting human health and the
environment.
Each of the 50 States was asked to
identify their top five reporting
requirements for potential streamlining
or elimination. Thirty-eight States
responded, recommending more than
200 ways to reduce reporting frequency
and level of detail. States also
recommended that EPA enable States to
submit more data electronically and, to
the extent possible, standardize regional
differences in reporting requirements.
EPA has been steadily working to
address the States' recommendations
since the Initiative began. In 2008, EPA
has focused on:
1. Addressing priority areas identified
by the States in summer 2007;
2. Improving the Initiative's
transparency and accuracy; and
3. Creating tools for incorporating
burden reduction into EPA's standard
operating procedures.
Examples of the priority areas
include:
a. Integrated Compliance Information
System for the National Pollutant
Discharge Elimination System (ICIS-
NPDES) - States recommended that
EPA harmonize and reduce reporting
requirements.
b. Disadvantaged Business Enterprise
(DBE) - States recommended that EPA
reduce DBE utilization reporting
frequency.
c. National Emissions Inventory (NEI) -
States recommended that EPA
streamline NEI reporting
requirements.
More information about the Burden
Reduction Initiative is available at
http://www.epa.gov/burdenreduction/.
Trade and Environment Policy
EPA is committed to encouraging the
development of environmentally sound
international policy. In part, EPA
pursues this goal by advancing
environmental objectives in
international trade agreements,
investment projects, and financial
ventures. In so doing, EPA supports the
realization of two of the three critical
elements of sustainable development:
environmental and economic progress.
Recognizing that the relationship
between trade and environmental policy
is complex, EPA helps ensure that trade
agreements balance both economic and
environmental interests. EPA
encourages the development of
agreements that: 1) encourage high
levels of environmental protection; 2)
include commitments to effective
enforcement of environmental laws and
regulations; 3) provide capacity building
in response to relevant environmental
needs and issues in the developing
world; and, 4) do not undercut domestic
health, safety and environmental
measures.
EPA promoted the development of
environmental reviews of trade
agreements and that these reviews
follow specific guidelines. EPA plays a
lead role in negotiating the
environmental provisions of a number
of bilateral and regional trade
agreements (e.g., with Jordan, Chile,
Singapore and Central America, among
others).
EPA's Regulatory Plan
EPA's Regulatory Plan is an important
element of the Agency's strategy for
achieving environmental results within
the framework described above. The
Agency's regulatory program includes
several efforts that will reduce the
burden placed on small businesses
while ensuring the integrity of the
environment. Many of these have been
nominated for Agency action through
the public nomination process initiated
by the Office of Management and
Budget (OMB) in 2001, 2002, and 2004
and many of these have been completed.
Taken as a whole, the Agency's
Regulatory Plan will ensure that the
Nation continues to achieve
improvements in environmental quality
while minimizing burden to States and
the regulated community.
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
This year EPA plans to take initial
steps to address the interconnected
issues of climate change, energy
efficiency, and energy security. In taking
these steps, EPA is carrying out two
Congressional mandates. Title II of the
2007 Energy Independence and Security
Act amended Section 211(o) of the
Clean Air Act, directing EPA to set a
modified standard that will increase the
quantities of renewable fuels available
to consumers. EPA is implementing this
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mandate by developing the Renewable
Fuels Standard Program outlined in this
Regulatory Plan. Moreover, in the FY
2008 Consolidated Appropriations Act,
Congress directed EPA to develop a rule
to establish monitoring, reporting and
recordkeeping requirements on facilities
that produce, import or emit greenhouse
gases above a specific threshold in order
to inform future regulatory policy
options related to greenhouse gases.
EPA is fulfilling this mandate through
the Greenhouse Gas Reporting Rule
currently under development and
summarized below in this Regulatory
Plan.
Another important and ongoing OAR
regulatory priority is to protect public
health and the environment from
exposure to harmful pollutants. In the
coming year, EPA will reach important
milestones in the development of two
rules that address the harmful effects of
Oxides of Nitrogen and Oxides of
Sulfur. The first of these two efforts is
a review? of the Primary National
Ambient Air Quality Standard for
Nitrogen Dioxide, which can constrict
the body's air passages and impair
pulmonary function, and also increase
respiratory illness in children. The
second effort is a review? of the
Secondary National Ambient Air
Quality Standards for Oxides of
Nitrogen and Oxides of Sulfur. Reviews
of these two pollutants are being
combined due to the fact that these two
pollutants and their associated
transformation products are linked from
an atmospheric chemistry perspective,
as well as from an environmental effects
perspective, most notably through
aerosol formation and acidification in
ecosystems. Both of these review? efforts
are summarized below? in this
Regulatory Plan.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990. The
largest part of this effort is the
"Maximum Achievable Control
Technology" (MACT) program, which is
now well into its second phase
consisting of evaluation of the
effectiveness of work done so far,
assessment of the need for additional
controls, and assessment of advances in
control technology. These evaluations
and assessments are grouped into
rulemakings called "Risk and
Technology Reviews." The remaining
MACT source categories requiring Risk
and Technology Reviews are being
combined into several groups to help
meet statutory dates, raise and resolve
programmatic issues more effectively,
minimize resources by using available
data and focusing on high risk sources,
and provide consistent review and
analysis. One example of the
rulemakings currently underway is
summarized in this Regulatory Plan.
The example, called "Risk and
Technology Review Phase II Group 2a,"
covers nine source categories including
rubber production, mineral wool
production, pharmaceuticals
production, printing and publishing,
and marine vessel loading operations.
Since many air quality programs are
administered through permitting and
monitoring programs, OAR continues to
work toward improving these programs
to increase efficiency and reduce
regulatory burden. OAR is continuing to
develop rulemakings to streamline and
improve its New Source Review (NSR)
permitting program. This effort will
clarify the circumstances under which
companies must obtain construction
permits before building new? facilities or
significantly modifying existing
facilities. These revisions will provide
more regulatory certainty by clarifying
compliance requirements, and will also
make the program easier to administer
while maintaining its environmental
benefits. In developing these NSR rule
revisions, OAR is drawing upon many
years of intense involvement with major
stakeholders, who have helped shape a
suite of reforms that are expected to
both improve the environmental
effectiveness of these programs and
make them easier to comply with. One
example of this effort is included in this
Regulatory Plan, entitled "NSR: Electric
Generating Units," addressing issues in
emission measurement.
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER)
contributes to the Agency's overall
mission of protecting public health and
the environment by focusing on
preparing for, preventing and
responding to chemical and oil spills,
accidents, and emergencies; enhancing
homeland security; increasing the
beneficial use and recycling of
secondary materials, the safe
management of wastes and cleaning up
contaminated property and making it
available for reuse. EPA carries out
these missions in partnership with other
Federal agencies, States, tribes, local
governments, communities,
nongovernmental organizations, and the
private sector. To further these
missions, OSWER has identified several
regulatory priorities for the upcoming
fiscal year that will promote
stewardship and resource conservation
and focus regulatory efforts on risk
reduction and statutory compliance.
Consistent with the Agency's goal to
reduce unnecessary reports where there
would be no likely Federal, State or
local emergency response to such
notice(s), the Agency is considering an
administrative reporting exemption
from particular notification
requirements under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended. The exemption being
considered is for releases of hazardous
substances to the air where the source
of those hazardous substances is animal
waste at farms. If finalized, it is
estimated that the rule will reduce
burden on farms associated with making
notifications under CERCLA section 103
by approximately 3,408,000 hours over
the ten year period beginning in 2009
and associated costs by approximately
$155,313,000 over the same period.
Under the Clean Air Act (CAA), EPA
applies different standards to the
combustion of waste materials than to
the combustion of fuels or feedstocks
which are not solid wastes. The
definition of non-hazardous solid waste
can have a significant impact on
whether certain materials (including
biomass, tires, etc.) are used as a fuel or
feedstock or are disposed. In this
rulemaking, EPA will look to define
which secondary materials are fuels or
feedstocks, and not considered "solid
wastes" under RCRA subtitle D.
Allowing for the legitimate use of
secondary materials as a fuel or
feedstock can preserve natural
resources, conserve energy, reduce
greenhouse emissions, as well as save
money by reducing costs for raw
materials and disposal that would
otherwise be necessary.
EPA is continuing its pursuit to
improve and modernize the hazardous
waste tracking system by developing an
"E-manifest." This system will allow
electronic processing of hazardous
waste transactions that will greatly
enhance tracking capabilities, while
significantly reducing administrative
burden and costs for governments and
the regulated community. The E-
manifest will build on the new?
standardized manifest form that took
effect in September 2006, and will
ensure the continued safe management
of hazardous waste. However, such
regulations cannot be promulgated until
legislative authority is provided to
implement such a system.
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71259
Office of Prevention, Pesticides, and
Toxic Substances
The primary goal of EPA's Office of
Prevention, Pesticides, and Toxic
Substances (OPPTS) is to prevent and
reduce pesticide and industrial and
commercial chemical risks to humans,
communities and ecosystems. OPPTS
employs a mix of regulatory and non-
regulatory methods to achieve this goal.
For more information about OPPTS's
regulatory actions, as well as
information about our other programs
and activities, please visit our Web site
at www.epa.gov/oppts.
In Spring of 2008, EPA received a
section 21 petition to use section 6 of
TSCA to adopt a recently promulgated
California State regulation concerning
emissions of formaldehyde from certain
composite wood products. OPPTS has
responded to the petition and has
initiated the development of an
advanced notice of proposed rule-
making (ANPRM) to investigate whether
and what type of regulatory or other
action might be appropriate to protect
against risks posed by formaldehyde
emitted from pressed wood products.
OPPTS is working to publish the ANPR
and plans to hold five stakeholder
meetings to solicit comments by the end
of 2008. OPPTS is also working with
ORD to develop a hazard
characterization for formaldehyde and
to initiate peer review early in 2009. In
addition, OPPTS has embarked on a
study of substitutes to formaldehyde
used in pressed wood, and plans to
initiate an industry survey to better
understand the use of formaldehyde
within the pressed wood market. OPPTS
plans to determine the appropriate
course of regulatory action in 2009
based on the ANPRM and supporting
work.
Office of Water
Among EPA's Office of Water's
primary goals are to ensure that
drinking water is safe; to restore and
maintain oceans, watersheds, and their
aquatic ecosystems; to protect human
health; to support economic and
recreational activities; and to provide
healthy habitat for fish, plants, and
wildlife. OW 's regulatory priority for
the coming year is a proposed
rulemaking that will address erosion
and sediment discharges associated
with construction and development
activities. This rulemaking and its
schedule respond to a court order that
requires the Agency to promulgate final
regulations by December of 2009.
EPA
PRERULE STAGE
98. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR NITROGEN DIOXIDE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
None
Abstract:
The Clean Air Act Amendments of
1977 require EPA to review and, if
appropriate, revise the primary (health-
based) and secondary (welfare-based)
national ambient air quality standards
(NAAQS) periodically. On October 11,
1995, the EPA published a final rule
not to revise either the primary or
secondary NAAQS for nitrogen dioxide
(NO2). That action provided the
Administrator's final determination,
after careful evaluation of comments
received on the October 1995 proposal,
that revisions to neither the primary
nor the secondary NAAQS for NO2
were appropriate at that time. On
December 9, 2005, the EPA/ORD
initiated the current periodic review? of
NO2 air quality criteria, the scientific
basis for the NAAQS, with a call for
information in the Federal Register.
This regulatory action is for the
Agency's review? of the primary NO2
NAAQS. Review of the secondary NO2
NAAQS will be part of a separate
regulatory action combined with review
of the sulfur dioxide NAAQS. As part
of the review? process, the Agency will
prepare an Integrated Review Plan, an
Integrated Science Assessment, and a
Risk/Exposure Assessment. These
documents will be reviewed by the
public and by the Clean Air Scientific
Advisory Committee (CASAC), an
independent science advisory
committee established to review the
scientific and technical basis of the
NAAQS. The final documents will
reflect the input received through these
reviews. An Advance Notice of
Proposed Rulemaking (ANPRM)
reflecting Agency views will then be
published. This ANPRM will also be
reviewed by the public and by CASAC
during a public comment period. Input
received through these reviews will
inform the development of a proposed
rulemaking. The Administrator's
proposal to retain or revise the NO2
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for NO2 are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review?
of the national ambient air quality
standards for NO 2 are whether to
reaffirm or revise the existing
standards.
Anticipated Cost and Benefits:
The Clean Air Act makes clear that the
economic and technical feasibility of
attaining standards are not to be
considered in setting or revising the
NAAQS, although such factors may be
considered in the development of State
plans to implement the standards.
Accordingly, the Agency prepares cost
and benefit information in order to
provide States and Regional Planning
Organizations information that may be
useful in considering different
implementation strategies for meeting
proposed or final standards. Cost and
benefit information is not developed to
support a NAAQS rulemaking until
sufficient policy and scientific
information is available to narrow?
potential options for the form and level
associated with any potential revisions
to the standard. Typically, an analysis
plan for preparing a regulatory impact
plan for a NAAQS proposed
rulemaking will begin after CASAC has
reviewed two drafts of the Integrated
Science Assessment (ISA) as well as the
1st draft of the Agency's Risk/Exposure
Assessment. Therefore, work on the
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71260 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
developing the plan for conducting the
cost and benefit analysis will generally
start 1 1/2 to 2 years following the start
of a NAAQS review.
Risks:
During the course of this review, risk
assessments will be conducted to
evaluate health risks associated with
retention or revision of the NO2
standards
Timetable:
Action
ANPRM
NPRM
Final Action
Date
1 2/00/08
05/00/09
1 2/00/09
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 5111; EPA Docket
information: EPA-HQ-OAR-2006-0922
Agency Contact:
Scott Jenkins
Environmental Protection Agency
Air and Radiation
C445-01
RTF, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@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-AO19
EPA
99. REVIEW OF THE SECONDARY
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR OXIDES OF
NITROGEN AND OXIDES OF SULFUR
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
NPRM, Judicial, February 12, 2010, No
court schedule has been ordered for
this review as of yet. This date
represents the date submitted by EPA
to the court.
Final, Judicial, October 19, 2010, No
court schedule has been ordered for
this review as of yet. This date
represents the date submitted by EPA
to the court.
Abstract:
The Clean Air Act Amendments of
1977 require EPA to review? and, if
appropriate, revise air quality criteria,
primary (health-based), and secondary
(welfare-based) national ambient air
quality standards (NAAQS) every five
years. On October 11, 1995, the EPA
published a final rule not to revise
either the primary or secondary
NAAQS for nitrogen dioxide (NO2).
That action provided the
Administrator's final determination,
after careful evaluation of comments,
that revisions to neither the primary
nor the secondary NAAQS for NO2
were appropriate at that time. On May
22, 1996, the EPA published a final
decision that revisions of the primary
and secondary NAAQS for sulfur
dioxide (SO2) were not appropriate at
that time, aside from several minor
technical changes. That action provided
the Administrator's final determination,
after careful evaluation of comments,
that signficant revisions to the primary
and the secondary NAAQS for SO2
would not be made at that time. On
December 9, 2005, the EPA/ORD
initiated the current periodic review? of
NO2 air quality criteria with a call for
information in the Federal Register. On
May 3, 2006, the EPA/ORD initiated the
current periodic review of SO2 air
quality criteria with a call for
information in the Federal Register. The
decision was made to review? the oxides
of nitrogen and the oxides of sulfur
together, rather than individually, as
has been done in the past. This
decision derives from the fact that NOx,
SOx, and their associated
transformation products are linked from
an atmospheric chemistry perspective,
as well as from an environmental
effects perspective (most notably in the
case of secondary aerosol formation and
acidification in ecosystems).
A workshop was held in July 2007 to
discuss key policy-relevant issues
around which EPA would structure the
review and to provide an opportunity
for peer review of draft chapters of the
Integrated Science Assessment being
prepared by ORD. In addition to
providing input into the Science
Assessment, the workshop also
provided important input as OAR and
ORD consider the appropriate design
and scope of the major elements that
inform the Agency's Policy Assessment
under the new NAAQS process: an
integrated plan highlighting the key
policy-relevant issues prepared by OAR
and ORD, an Integrated Science
Assessment prepared by ORD, and a
Risk/Exposure Assessment prepared by
OAR.
The Policy Assessment prepared by
OAR will evaluate the policy
implications of key information
contained in the Integrated Science
Assessment and Risk/Exposure
Assessment, as well as any appropriate
technical analyses. The Policy
Assessment will be published as an
ANPRM that reflects Agency views
regarding options to retain or revise the
NO2 and/or SO2 NAAQS. EPA will
solicit comments from the Clean Air
Scientific Advisory Committee
(CASAC), an independent science
advisory committee established to
review the scientific and technical basis
of the NAAQS, and the public several
times during the development of the
critical documents identified above,
including the ANPRM. A Scope and
Methods Plan for the review? was
developed and released to CASAC and
the public for comment. CASAC
provided comment on both the ISA
(developed by ORD) and the Scope and
Methods Plan on April 2-3 2008. The
second draft ISA and first draft risk and
exposure assessment will be released to
CASAC and the public in August, 2008
for a public meeting on October 1-2,
2008. Upon the completion of the risk
assessments and the development of
the ANPR, the Administrator will
propose to retain or revise the
secondary NO2 and/or SO2 NAAQS, as
appropriate.taking into consideration
CASAC and public commenton the
ANPR. Input received during the public
comment period for the proposed
decision will be considered in the
Adminstrator's final decision.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for oxides of nitrogen and
oxides of sulfur are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71261
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for oxides of nitrogen and
oxides of sulfur are whether to reaffirm
or revise the existing standards.
Anticipated Cost and Benefits:
The Clean Air Act makes clear that the
economic and technical feasibility of
attaining standards are not to be
considered in setting or revising the
NAAQS, although such factors may be
considered in the development of State
plans to implement the standards.
Accordingly, the Agency prepares cost
and benefit information in order to
provide States and Regional Planning
Organizations information that may be
useful in considering different
implementation strategies for meeting
proposed or final standards. Cost and
benefit information is not developed to
support a NAAQS rulemaking until
sufficient policy and scientific
information is available to narrow
potential options for the form and level
associated with any potential revisions
to the standard. Typically, an analysis
plan for preparing a regulatory impact
plan for a NAAQS proposed
rulemaking will begin after CASAC has
reviewed two drafts of the Integrated
Science Assessment (ISA) as well as the
1st draft of the Agency's Risk/Exposure
Assessment. Therefore, work on the
developing the plan for conducting the
cost and benefit analysis will generally
start 1 1/2 to 2 years following the start
of a NAAQS review.
Risks:
During the course of this review, risk
assessments may be conducted to
evaluate public welfare risks associated
with retention or revision of the
standards.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
08/00/09
02/00/1 0
11/00/10
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 5170; EPA Docket
information: EPA-HQ-OAR-2007-1145
Agency Contact:
Anne Rea
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0905
Email: rea.anne@epa.gov
Ginger Tennant
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-4072
Fax: 919 541-0237
Email: tennant.ginger@epa.gov
RIN: 2060-AO72
EPA
100. • FORMALDEHYDE EMISSIONS
FROM PRESSED WOOD PRODUCTS
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
15 USC 2605 "TSCA 6"
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
In response to a petition filed under
TSCA section 21, EPA has initiated a
proceeding to investigate risks posed by
formaldehyde emitted from pressed
wood products. As indicated in that
response, EPA plans to issue an
advance notice of proposed rulemaking
(ANPRM) in the Fall of 2008. As part
of the ANPRM process, EPA will
engage stakeholders to contribute to
obtaining a better understanding of the
available control technologies and
approaches, industry practices, and the
implementation of California's
regulations. Concurrently, EPA plans to
develop and conduct an industry
survey and initiate development of an
exposure assessment and a hazard
characterization that could be used for
evaluating emissions standards or other
approaches. Subsequently, EPA plans
to develop an irritation risk assessment
and quantify costs and benefits. At the
conclusion of this work, OPPTS
anticipates determining whether it
should take action, which may include
action under TSCA, or via the
development of a voluntary consensus
standard or other approaches. As
OPPTS evaluates risks and options
under TSCA, OPPTS intends to
coordinate its efforts with other
interested EPA offices and agencies, as
well as engage the public and
stakeholders.
Statement of Need:
On March 24, 2008, 25
organizations/5,000 individuals
petitioned EPA to use TSCA § 6 to
adopt a California Air Resources Board
regulation as a national standard for
formaldehyde emissions from
composite wood products. In response,
EPA committed to initiate a proceeding
to investigate whether and what type
of regulatory or other action might be
appropriate to protect against risks
posed by formaldehyde emitted from
pressed wood products. This decision
was based on the hazards of
formaldehyde, in combination with the
potential for prolonged exposure to
potentially problematic levels of
formaldehyde for occupants of newly
constructed housing.
Summary of Legal Basis:
The Agency has not decided to take
any rulemaking action, but it is
evaluating potential actions under
TSCA sections 6(a) and 6(b).
Alternatives:
The Agency has not yet determined
that any action is necessary, but it is
evaluating potential actions under
TSCA sections 6(a) and 6(b) as well as
voluntary action.
Anticipated Cost and Benefits:
The Agency has not determined that
any action is necessary or evaluated the
costs and benefits of any possible
actions.
Risks:
Formaldehyde is an eye, nose, throat,
and skin irritant. At this time, the
Agency is primarily concerned with the
irritation risks posed by formaldehyde
emissions from pressed wood products.
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71262 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
11/00/08
To Be Determined
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
SAN No. 5287
Agency Contact:
Cindy Wheeler
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404T
Washington, DC 20460
Phone: 202 566-0484
Fax: 202 566-0470
Email: wheeler.cindy@epamail.epa.gov
Lynn Vendinello
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404T
Washington, DC 20460
Phone: 202 566-0514
RIN: 2070-AJ44
EPA
101. • DEFINITION OF SOLID WASTE
FOR NON-HAZARDOUS MATERIALS
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 7429(a)(l)
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
The DC Circuit Court of Appeals
vacated and remanded two EPA rules
promulgated under the Clean Air Act
(CAA) - the Commercial and Industrial
Solid Waste Incineration (CISWI)
definitions rule, issued under section
129 of the CAA, and the Boiler MACT,
issued under section 112. The court
concluded that EPA erred by excluding
units that combust solid waste for the
purpose of energy recovery from the
CISWI rule and including such units
in the Boilers rule. In response to the
court's decision, EPA is now preparing
to establish new standards under
sections 112 and 129 for the various
units subject to each section.
Section 129 regulates solid waste
incineration units, defining them as
units that combust "any" solid waste.
It further defines "solid waste" as
having the meaning established by the
Administrator pursuant to the Solid
Waste Disposal Act (SWDA). Thus, if
a material is not a solid waste as
established by the Administrator
pursuant to the SWDA, the unit in
which it is burned would not be
covered under section 129.
Statement of Need:
The Office of Solid Waste and
Emergency Response (OSWER) needs to
determine which non-hazardous
materials are "solid wastes" under
SWDA so that the Office of Air and
Radiation (OAR) can conduct
appropriate sampling and determine
MACT standards.
Summary of Legal Basis:
Section 129 of the CAA directs EPA
to promulgate emission standards for
"solid waste incineration units" under
the Act. 42 U.S.C. Section 7429(a)(l).
Previous rulemaking was vacated by
the Court, therefore it is critical for
OSWER to determine what constitutes
a solid waste for purposes of section
129 of the CAA.
Alternatives:
No alternatives exist at this time.
Anticipated Cost and Benefits:
Non-hazardous industrial materials,
such a coal combustion products and
refuse materials, spent foundry sands,
and construction and demolition (C&D)
materials, as well as scrap tires,
wood/biomass, used oil, and solvents,
all represent examples of "usable
materials" that are generated by
industry in the process of producing
primary products. These materials,
when used as "secondary materials" for
fuel or as ingredients in production
processes, can provide significant and
wide-spread benefits. The productive
reuse of "secondary materials" for these
purposes is central to the very
principles of conservation and
sustainability.
Risks:
Risks to human health and the
environment, if any, will be addressed
by either Section 112 or Section 129
of the CAA.
Timetable:
Action
Date
FR Cite
ANPRM
12/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
SAN No. 5266
Agency Contact:
Michael Galbraith
Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703-605-0567
Fax: 703 308-8686
Email: galbraith.michael@epamail.epa.gov
Jim Eddinger
Environmental Protection Agency
Solid Waste and Emergency Response
D24301
Durham, NC 20460
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
RIN: 2050-AG44
EPA
PROPOSED RULE STAGE
102. GREENHOUSE GAS
MANDATORY REPORTING RULE
Priority:
Other Significant
Legal Authority:
42 USC 7401 et seq
CFR Citation:
Not Yet Determined
Legal Deadline:
NPRM, Statutory, September 26, 2008,
FY08 Consolidated Appropriations
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71263
directed EPA to publish a proposal 9
months after enactment.
Final, Statutory, lune 26, 2009, FY08
Consolidated Appropriations directed
EPA to publish final 18 months after
enactment.
Abstract:
On December 26, 2007, President Bush
signed the FY2008 Consolidated
Appropriations Amendment which
authorized funding for EPA to "develop
and publish a draft rule not later than
9 months after the date of enactment
of this Act, and a final rule not later
than 18 months after the date of
enactment of this Act, to require
mandatory reporting of greenhouse gas
emissions above appropriate thresholds
in all sectors of the economy of the
United States." The accompanying joint
explanatory statement directed EPA to
"use its existing authority under the
Clean Air Act" to develop a mandatory
greenhouse gas reporting rule. The joint
explanatory statement went on to say
that "The Agency is further directed to
include in its rule reporting of
emissions resulting from upstream
production and downstream sources, to
the extent that the Administrator deems
it appropriate." Accordingly this
rulemaking would establish monitoring,
reporting, and recordkeeping
requirements on facilities that produce,
import, or emit greenhouse gases above
a specific threshold in order to provide
comprehensive and accurate data to
support a range of future climate policy
options.
Statement of Need:
This action is necessary because the
FY2008 Consolidated Appropriations
Amendment signed by President Bush
on December 26, 2007, authorized EPA
to "develop and publish a draft rule
not later than 9 months after the date
of enactment of this Act, and a final
rule not later than 18 months after the
date of enactment of this Act, to require
mandatory reporting of greenhouse gas
emissions above appropriate thresholds
in all sectors of the economy of the
United States."
Summary of Legal Basis:
The legal basis is the Clean Air Act,
42 U.S.C. 7401, et seq.
Alternatives:
Not yet determined.
Anticipated Cost and Benefits:
Not yet determined.
Risks:
Not yet determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/09
10/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 5242
Agency Contact:
Suzanne Kocchi
Environmental Protection Agency
Air and Radiation
6207J
Washington, DC 20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Reid Harvey
Environmental Protection Agency
Air and Radiation
6207J
Washington, DC 20460
Phone: 202 343-9429
Email: harvey.reid@epamail.epa.gov
RIN: 2060-AO79
EPA
103. RENEWABLE FUELS STANDARD
PROGRAM
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
Clean Air Act Section 211(o)
CFR Citation:
40 CFR Part 86, 40 CFR Part 80
Legal Deadline:
Final, Statutory, December 19, 2008.
Abstract:
This action will implement certain
provisions in Title II of the 2007 Energy
Independence and Security Act that
amend Section 211 (o) of the Clean Air
Act. The new law sets a modified
standard for renewable fuels increasing
the national requirement to 9.0 billion
gallons in 2008 and rising to 36 billion
gallons by 2022. Of the latter total, 21
billion gallons is required to be
obtained from cellulosic ethanol and
other advanced biofuels. Starting in
2016, all of the increase in the RFS
target must be met with advanced
biofuels, defined as cellulosic ethanol
and other biofuels derived from
feedstock other than corn starch —
with explicit standards for cellulosic
biofuels and biomass-based diesel.
Renewable fuels produced from new
biorefineries will be required to reduce
by at least 20% the life cycle
greenhouse gas (GHG) emissions
relative to life cycle emissions from
gasoline and diesel.
Statement of Need:
This action will implement certain
provisions in Title II of the 2007 Energy
Independence and Security Act that
amend Section 211 (o) of the Clean Air
Act. This new law sets a modified
standard for renewable fuels and
directs EPA to implement that
standard.
Summary of Legal Basis:
Clean Air Act Section 211(o)
Alternatives:
Alternatives are being developed and
will be presented in the Preamble to
the proposed rule.
Anticipated Cost and Benefits:
We haven't completed the necessary
ananlytical work that supports
calculating and developing the costs
and benefits of this rule. Once the
analysis plan/work is completed, we
can then compile and present the
information.
Risks:
This rule will increase energy security
by increasing the domestic supply of
energy, and will reduce greenhouse gas
emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
06/00/09
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Energy Effects:
Statement of Energy Effects planned as
required by Executive Order 13211.
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71264 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
Additional Information:
SAN No. 5250
Agency Contact:
Paul Argyropoulos
Environmental Protection Agency
Air and Radiation
6520J ARN
Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney
Environmental Protection Agency
Air and Radiation
AAFC
Ann Arbor, MI 48105
Phone: 734 214-1507
Email: korotney.david@epamail.epa.gov
RIN: 2060-AO81
EPA
104. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 2A
Priority:
Other Significant
Legal Authority:
CAA Section 112(f)(2); CAA Section
CFR Citation:
Not Yet Determined
Legal Deadline:
Final, Statutory, September 19, 2003, 5
MACT included in RTR Group 2A. EPA
required to complete RTR 8 yrs after
promulgation. RTR due for this rule:
09/2003 to 06/2007.
Abstract:
This action is the Risk and Technology
Review (RTR) Group 2A and its title
is: National Emission Standards for
Hazardous Air Pollutant Emissions:
Group I Polymers and Resins
(Epichlorohydrin Elastomers
Production, HypalonTM Production,
Nitrile Butadiene Rubber Production,
Polybutadiene Rubber Production, and
Styrene Butadiene Rubber and Latex
Production); National Emission
Standards for Marine Vessel Loading
Operations; National Emission
Standards for Hazardous Air Pollutants
for Mineral Wool Production; National
Emission Standards for Pharmaceuticals
Production; and National Emission
Standards for the Printing and
Publishing Industry. It will address
both EPA's obligation to conduct a
residual risk review and to conduct a
technology review. It includes nine
source categories, each affected by one
of five MACT standards.
Statement of Need:
CAA section 112(f)(2) requires us to
determine for source categories subject
to certain CAA section 112(d) standards
whether the emissions limitations
provide an ample margin of safety to
protect public health. If the MACT
standards for HAP "classified as a
known, probable, or possible human
carcinogen do not reduce lifetime
excess cancer risks to the individual
most exposed to emissions from a
source in the category or subcategory
to less than 1-in-l million," EPA must
promulgate residual risk standards for
the source category (or subcategory), as
necessary, to provide an ample margin
of safety to protect public health. EPA
must also adopt more stringent
standards, if necessary, to prevent an
adverse environmental effect, "Adverse
environmental effect" is defined in
CAA section 112(a)(7) as any significant
and widespread adverse effect which
may be reasonably anticipated to
wildlife, aquatic life, or natural
resources, including adverse impacts on
populations of endangered or
threatened species or significant
degradation of environmental quality
over broad areas, but must consider
cost, energy, safety, and other relevant
factors in doing so. This residual risk
review is due 8 years after MACT
standard compliance date. EPA is also
required to review and revise the
MACT standards every 8 years with
regard to practices, processes and
control technologies according to
Section 112(d)(6) of the CAA.
Summary of Legal Basis:
Clean Air Act Sections 112(f)(2) and
Alternatives:
Alternatives are developed for residual
risk to evaluate ample margin of safety
or if risk is unaccetable. Alternatives
are developed for technology review if
there have been significant advances in
practices, processes and control
technologies. For the Printing and
Publishing MACT, risks were
acceptable and an ample margin of
safety was achieved, and no significant
technological advances were identified.
Therefore, no alternatives were
evaluated. For the other eight source
categories in RTR Group 2A,
alternatives were considered; none was
cost-effective relative to the associated
reduction in risk.
Anticipated Cost and Benefits:
No revisions to the MACT standards
were proposed; therefore, there are no
associated costs or emissions
reductions.
Risks:
The risk assessment found that after
application of the MACT standards the
chronic cancer risks are below 100-in-
1 million, which is acceptable, and
additional controls were not cost-
effective; therefore, the MACT
standards provide an ample margin of
safety to protect public health and no
further cancer risk reduction was
required. The analysis also found that
non-cancer and acute risks to humans,
as well as ecological risks from these
facilities, were low and that no further
controls were warranted.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
01/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 5093.2; Split from RIN 2060-
AN85.
Agency Contact:
Mary Kissell
Environmental Protection Agency
Air and Radiation
E143-01
Research Triangle Park, NC 27711
Phone: 919 541-1516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt
Environmental Protection Agency
Air and Radiation
E143-01
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO91
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71265
EPA
105. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE CONSTRUCTION AND
DEVELOPMENT POINT SOURCE
CATEGORY
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
CWA 301; CWA 304; CWA 306; CWA
501
CFR Citation:
Not Yet Determined
Legal Deadline:
Other, Judicial, December 1, 2007, Data
collection, identification of best
options, and development of
cost-benefit models completed.
NPRM, Judicial, December 1, 2008, FR
Publication by 12/1/2008 as per
12/5/2006 Court Order.
Final, Judicial, December 1, 2009, FR
Publication by 12/1/2009 as per
12/5/2006 Court Order.
Abstract:
This rulemaking will establish effluent
limitations guidelines (ELG) and new
source performance standards (NSPS)
for stormwater discharges associated
with construction and development
activities. This rulemaking and its
schedule respond to a court order that
requires the Agency to promulgate final
regulations by December 2009. The
ELGs and NSPSs will control the
discharge of pollutants such as
sediment in stormwater discharges from
construction and development activities
and will be implemented through the
issuance of NPDES permits.
Statement of Need:
Despite substantial improvements in
the nation's water quality since the
inception of the Clean Water Act, 45
percent of assessed river and stream
miles, 47 percent of assessed lake acres,
and 32 percent of assessed square miles
of estuaries show impairments from a
wide range of sources. Improper control
of stormwater discharges from
construction activity is among the
many contributors to remaining water
quality problems throughout the United
States. Sediment is the primary
pollutant that causes water quality
impairment for streams and rivers.
Construction generates significantly
higher loads of sediment per acre than
other sources. The rulemaking would
constitute the nationally applicable,
technology-based ELGs and NSPS
applicable to all dischargers required to
obtain a National Pollutant Discharge
Elimination System (NPDES) permit.
Summary of Legal Basis:
The Clean Water Act authorizes EPA
to establish ELGs and NSPS to limit
the pollutants discharged from point
sources. In addition, EPA is bound by
the district court decision, in NRDC v.
EPA, 437 F.Supp.2d 1137, (C.D.
Cal.2006), to propose ELGs and NSPS
for the construction and development
industry by December 1, 2008 and to
promulgate ELGs and NSPS as soon as
practicable, but in no event later than
December 1, 2009.
Alternatives:
The Clean Water Act directs EPA to
establish a technology basis for the
ELGs and NSPS, which are based on
the performance of specific technology
levels, such as the best available
technology economically achievable.
EPA is considering a range of pollution
control approaches and technologies,
and is also considering waivers based
on construction site size, rainfall, and
soil erosivity to reduce the impact on
small dischargers.
Anticipated Cost and Benefits:
The annualized social costs of the
rulemaking are estimated to range from
$141 million to $3.8 billion, and the
annualized monetized benefits are
estimated to range from $11 million to
$327 million. The costs include
compliance costs, administrative costs,
and partial equilibrium estimates of
quantity effects and deadweight loss to
society. The monetized benefit
categories include avoided costs of
dredging for navigation and water
storage, avoided costs of drinking water
treatment, and monetizable water
quality benefits.
Risks:
Sediment is currently one of the major
pollutants that causes water quality
impairment for streams and rivers, and
presents a risk to aquatic life. The ELGs
and NSPS are expected to result in a
reduction of the discharge of pollutants
to surface waters, primarily as sediment
and turbidity.
Timetable:
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, Local, State
Additional Information:
SAN No. 5119
URL For More Information:
www. epa.gov/guide/construction
Agency Contact:
Jesse Pritts
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
Ronald Jordan
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1003
Fax: 202 566-1053
Email: jordan.ronald@epamail.epa.gov
RIN: 2040-AE91
EPA
FINAL RULE STAGE
Action
Date
FR Cite
NPRM
Final Action
12/00/08
12/00/09
106. PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: EMISSION INCREASES FOR
ELECTRIC GENERATING UNITS
Priority:
Other Significant
Legal Authority:
Clean Air Act, Title I Parts C and D
and Section lll(a)(4)
CFR Citation:
40 CFR Part 51; 40 CFR Part 52
Legal Deadline:
None
Abstract:
This rulemaking would revise the
emissions test for existing electric
generating units (EGUs) that are subject
to the regulations governing the
Prevention of Significant Deterioration
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71266 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
(PSD) and nonattainment major New
Source Review (NSR) programs
mandated by parts C and D of title I
of the Clean Air Act (CAA). The
existing emissions test compares actual
emissions to either potential emissions
or projected actual emissions. Under
this rulemaking's revised NSR
emissions test (a maximum hourly test
like that used in the NSPS program),
we would compare the EGU's
maximum hourly emissions
(considering controls) before the change
for the past 5 years to the maximum
hourly emissions after the change. The
maximum hourly emissions test will be
based either on maximum achieved or
maximum achievable hourly emissions,
measured on an input or an output
basis. One proposed option provides
that the maximum hourly emissions
increase test would be followed by the
annual emissions increase test in the
current rules.
Statement of Need:
Utilization of this rulemaking's
alternative NSR applicability test for
existing EGUs would encourage
increased utilization at the more
efficient units by displacing energy
production at less efficient ones.
Summary of Legal Basis:
Parts C and D of title I of the Clean
Air Act; CAA section lll(a)(4)
Alternatives:
The proposed basis for the applicability
test is a comparison of maximum
hourly emissions, which will enhance
the implementation and environmental
benefits for existing EGUs.
Anticipated Cost and Benefits:
We are not able to provide quantitative
estimates of the costs and benefits of
this rule because of the difficulty in
identifying the quantity and locations
of sources that will utilize this
rulemaking in the future, and the
difficulty in specifically quantifying the
difference in environmental outcomes
that would result with and without the
rule. Qualitatively, our analysis
indicates that we anticipate a reduction
in recordkeeping and reporting - and
therefore a decrease in cost - and we
expect that the environmental benefits
of the program would not significantly
change and may improve as a result
of the positive impact on the safety,
reliability, and efficiency of EGUs as
a result of this rulemaking.
Risks:
We are not able to provide quantitative
risk information because of the
difficulty in identifying the quantity
and locations of sources that will
utilize this rulemaking in the future,
and the difficulty in specifically
quantifying the difference in
environmental outcomes that would
result with and without the rule.
Timetable:
Action
Date
FR Cite
NPRM 10/20/05 70 FR 61081
Supplemental NPRM 05/08/07 72 FR 26202
Notice of public 06/07/07 72 FR 31491
hearing
Final Action 12/00/08
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4794.2; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-20/a20983.htm;
Split from RIN 2060-AM95.; EPA
Docket information: EPA-HQ-OAR-
2005-0163
URL For More Information:
www. epa.gov/nsr
Agency Contact:
Lisa Sutton
Environmental Protection Agency
Air and Radiation
C339-03
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-1039
Email: sutton.lisa@epamail.epa.gov
Dave Svendsgaard
Environmental Protection Agency
Air and Radiation
C339-03
Washington, DC 20460
Phone: 919 541-2380
Email: svendsgaard.dave@epa.gov
RIN: 2060-AN28
EPA
107. HAZARDOUS WASTE MANIFEST
REVISIONS — STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority:
Other Significant
Legal Authority:
42 USC 6922; 42 USC 6923; 42 USC
6924; 42 USC 6926; PL 105-277
CFR Citation:
40 CFR 260; 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271
Legal Deadline:
None
Abstract:
This action is aimed at finalizing the
development of EPA's Resource
Conservation and Recovery Act (RCRA)
regulatory standards and procedures
that will govern the initiation, signing,
transmittal, and retention of hazardous
waste manifests using electronic
documents and systems. There are 2.4
million Federal-defined RCRA
hazardous waste paper manifests
processed each year, and a total of 5.1
million manifests processed each year
including State-defined hazardous
waste paper manifests. EPA proposed
electronic manifest standards in May
2001 as part of a more general manifest
revision action that also addressed
standardizing the paper manifest form's
data elements and procedures for its
use across all states (EPA Form 8700-
22). The manifest form revisions were
decoupled from action on the electronic
manifest, and the Final Form Revisions
Rule was published on June 16, 2005.
The May 2001 proposed rule included:
(1) Electronic file formats for the
manifest data elements; (2) electronic
signature options; and (3) computer
security controls aimed at ensuring data
integrity and reliable commercial e-
manifest systems. However, since
publication of the 2001 proposed rule,
EPA found that there is a broad
consensus in favor of a single national
"eManifest" system sponsored by EPA,
rather than assorted de-centralized
commercial systems. Subsequently in
May 2004, EPA conducted a manifest
stakeholder meeting to collect
additional stakeholder views on the
future direction of eManifest. Based on
public comment on the 2001 proposed
electronic standards and stakeholder
feedback at the May 2004 meeting, EPA
published a Notice of Data Availability
(NODA) on 18 April 2006 announcing
EPA's preferred approach to develop a
centralized web-based eManifest system
to be hosted on EPA's Central Data
Exchange (CDX) computer hub. To that
end, in Autumn 2006 EPA provided
technical assistance to the US Senate
for drafting S.3871 which would have
authorized the CDX-based solution, as
well as authorized EPA to charge and
retain user fees to fund a "share-in-
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71267
revenue" contracting approach to build
and operate eManifest. EPA's ability to
publish a final rule in 2009 that will
recognize this system as a compliant
voluntary alternative to the current
paper manifest form, and to pursue this
centralized eManifest design and
funding solution will depend on new
Congressional authority for EPA to
collect user fees.
Statement of Need:
This revision of the RCRA regulation
is necessary to establish the standards
and procedures under which hazardous
waste handlers will be authorized to
use electronic manifests in lieu of the
existing paper manifest form (EPA
Form 8700-22). EPA's current RCRA
regulations only allow the use of the
paper manifest form which must be
carried physically with the waste
shipment, signed by hand with each
change of custody, and filed among
each waste handler's operating records
for three years. This revision to the
RCRA manifest regulation will specify
the conditions under which electronic
manifests may be obtained, completed,
electronically signed, and transmitted,
so that the electronic manifests may be
used and accepted as the legal
equivalent of the current paper
manifest form.
Summary of Legal Basis:
There is currently not in place a statue
or court order that requires EPA to
revise the RCRA manifest regulations to
adopt the electronic manifest
regulation. However, on September 7,
2006 the U.S. Senate introduced S.3871
that would mandate the development
of an electronic manifest system by
EPA. The U.S. Senate also introduced
a similiar bill S.3109 on June 10, 2008.
In addition to authorizing EPA to
collect user fees to build and annually
operate and maintain the e-manifest
information technology (IT) system
using a novel share-in-revenue
contracting approach, this new bill,
also authorizes the collection of user
fees to process paper manifests, should
EPA require their collection and
provides for the tracking of state
regulated hazardous wastes. The bill
also clarifies what state governments
would not be subject to the user fees
authorized by the bill. If enacted by the
Congress, the bill could include a
deadline to EPA for promulgating
revisions to the RCRA manifest
regulations to authorize the voluntary
use of electronic manifests. Whether or
not there is such a statutory mandate,
EPA could develop a regulation
prescribing the conditions for electronic
manifesting under the authority of
RCRA Section 3002(a)(5), which
authorizes EPA to promulgate
regulations establishing standards for
generators of hazardous waste,
including standards on "the use of a
manifest system and any other
reasonable means necessary to assure
that all such hazardous waste generated
is designated for treatment, storage, or
disposal in and arrives at" permitted
facilities.
Alternatives:
Based on public comments submitted
on EPA's 2001 electronic manifest
proposed rule, and additional manifest
stakeholder input received at EPA's
2004 public meeting on eManifest,
EPA's preferred alternative is now the
development of a centralized national
eManifest system that EPA would
develop and operate under a share-in-
revenue contract funded by user fees,
and hosted on EPA's Central Data
Exchange (CDX) computer hub. Other
alternatives include (1) a national
system that would be developed
entirely commercially and operated by
the NGO; (2) a decentralized option like
the one suggested in the EPA's 2001
proposed rule, under which various
private entities would develop
numerous eManifest systems adhering
to standards announced by EPA; and
a no action alternative, under which all
manifesting would continue only with
paper manifests. Although too early for
EPA to evaluate as of 2007, the 2006-
2009 electronic manifesting pilot
project hosted by the Michigan state
government may provide a new
alternative for EPA to consider scaling-
up to become the national eManifest
system.
Anticipated Cost and Benefits:
As initially estimated by an EPA
contractor in 2002, the first-year start-
up (i.e., design, build, and installation)
costs to EPA for a centralized national
eManifest system to be hosted on EPA's
CDX computer hub, are projected to be
in the range of $2 million to $7 million.
EPA's annual operation and
maintenance (O&M) costs for such a
system are projected in the range $1.6
million to $3.2 million. EPA updates
and refines the system cost estimates
but refrains from making them publicly
available because they constitute EPA's
confidential independent government
cost estimate (IGCE) which EPA will
use as a benchmark to evaluate
contractor bids to procure the system.
In addition to EPA system costs, (a) the
regulated community consisting of
227,000 industrial facilities involved in
shipping hazardous wastes every year,
may voluntarily need to purchase $60
million to $69 million in computer
equipment and services to connect to
eManifest, and (b) state governments
may voluntary need to spend around
$3 million to integrate with the
eManifest system, although EPA's over
$100 million in grants the past few
years to integrate state governments
with EPA's CDX via EPA's National
Environmental Information Exchange
Network (NEIEN) has nearly provided
integration for all state governments
and many large industrial facilities
with CDX via NEIEN nodes. National
economic benefits from eManifest are
expected to provide 45% reduction in
paperwork burden costs to manifest
useres and to RCRA-authorized state
government agencies of up to $233
million per year (relative to a baseline
national cost for paper manifest burden
of $513 million per year), assuming that
75% of manifests can be completed
electronically. These projected savings
can also be expressed as a net unit
paperwork burden savings of $23 to
$40 per manifest. Other expected
benefits of eManifest include: (1) better
quality and more timely waste
shipment data; (2) nearly real time
shipment tracking capabilities for users
and public safety agencies (rather than
a 30-day wait); (3) enhanced inspection
and compliance monitoring capabilities
for regulators; (4) more rapid
notification and response to problems
or discrepancies with waste shipments;
(5) more efficient or "one-stop"
submission of manifest data to States;
and (6) new possibilities to manage
manifest data and to simplify or
consolidate existing systems for
reporting and tracking manifest and
RCRA Biennial Report hazardous waste
shipment data.
Risks:
This action addresses administrative
requirements for tracking hazardous
waste shipments and does not involve
the control of "risks" in the sense that
RCRA regulations typically address
environmental, human health, and
public safety risks posed by the
possible mis-management of hazardous
wastes. Consequently, EPA has
developed a CPIC Exhibit 300 business
case "Risk Management Plan" for this
action, rather than a hazardous waste
chemical exposure risk analysis. Since
the e-manifest regulation could
authorize the voluntary use of an
information technology (IT) system that
would be developed to create and
transmit electronic manifests, there
would be information system
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71268 Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan
management risks and information
security risks associated with
developing and operating such an IT
system. EPA is assessing and managing
these IT risks as part of OMB's annual
Capital Planning and Investment
Control (CPIC) process that governs the
management of EPA's IT investments.
Timetable:
Action
Date
FR Cite
NPRM Original
Notice of Public
Meeting
NODA
NODA #2
Final Action
05/22/01 66 FR 28240
04/01/04 69 FR 17145
04/18/06 71 FR 19842
02/26/08 73 FR 10204
09/00/09
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3147.1; EPA publication
information: NPRM Original -
http://www.gpo.gov/su docs/aces/fr-
cont.html; Split from RIN 2050-AE21.;
EPA Docket information: EPA-HQ-
RCRA-2001-0032
Sectors Affected:
325 Chemical Manufacturing; 2211
Electric Power Generation,
Transmission and Distribution; 332
Fabricated Metal Product
Manufacturing; 2122 Metal Ore Mining;
2111 Oil and Gas Extraction; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Agency Contact:
Rich LaShier
Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Grace
Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
EPA
108. CERCLA—ADMINISTRATIVE
REPORTING EXEMPTION FOR AIR
RELEASES OF HAZARDOUS
SUBSTANCES FROM ANIMAL WASTE
AT FARMS
Priority:
Other Significant
Legal Authority:
42 USC 9603; 42 USC 11004
CFR Citation:
40 CFR 302; 40 CFR 355
Legal Deadline:
None
Abstract:
EPA is considering finalizing an
administrative reporting exemption
from particular notification
requirements under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA), as amended. This exemption
would apply to releases of hazardous
substances to the air that meet or
exceed their reportable quantity where
the source of those hazardous
substances is animal waste at farms.
The proposed rule also included a
parallel administrative reporting
exemption (also for the release of
hazardous substances to the air that
meet or exceed their reportable quantity
from animal waste at farms) from the
Emergency Planning and Community
Right-to-Know Act (EPCRA). EPA is not
making a final decision on this part of
the proposed rule at this time. Persons
still have an obligation to file reports
under EPCRA, as appropriate, until
EPA makes a final decision and amends
the section 304 requirements. Nothing
in the rule will change the notification
requirements if hazardous substances
are released to the air from any other
source other than animal waste at farms
(i.e., ammonia tanks), as well as
releases of any hazardous substances
from animal waste to any other
environmental media, (i.e., soil, ground
water, surface water) when the release
of those hazardous substances is at or
above its reportable quantity. This
administrative reporting exemption is
protective of human health and the
environment and consistent with the
Agency's goal to reduce reporting
burden where there would likely be no
Federal response to such release
reports. Eliminating such reporting will
allow response officials to better focus
on releases where EPA is more likely
to take a response action. The
administrative reporting exemption
from the notification requirements
under CERCLA section 103(a) will not
limit any of its authorities under
CERCLA sections 104 (response
authorities), 106 (abatement actions),
107 (liability), or any other provisions
of CERCLA.
Statement of Need:
Under this action, the Agency is
considering the primary purpose of
CERCLA and EPCRA notification
requirements and is considering an
exemption based on the likelihood of
whether there would or would not be
a governmental response to those
notifications.
Summary of Legal Basis:
This action is not required by statute
or court order. This action is being
done at the discretion of the Agency.
Alternatives:
Not applicable.
Anticipated Cost and Benefits:
If finalized, it is estimated that the rule
will reduce burden on farms associated
with making modifications under
CERCLA section 103 by approximately
3,408,000 hours over the ten-year
period beginning in 2009 and
associated costs by approximately
$155,313,000 over the same period.
Risks:
Not estimated.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/28/07 72 FR 73700
11/00/08
Regulatory Flexibility Analysis
Required:
No
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Federal Register/Vol. 73, No. 227/Monday, November 24, 2008/The Regulatory Plan 71269
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State
Additional Information:
SAN No. 5117; EPA publication
information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
287a25231.pdf; EPA Docket
information: EPA-HQ-SFUND-2007-
0469
Agency Contact:
Lynn Beasley
Environmental Protection Agency
Solid Waste and Emergency Response
5104 A
Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AG37
BILLING CODE 6560-50-S
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1
'•"''
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Environment Protection Agency Fall 2008 Regulatory Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40CFRCh. I
[FRL-8702-9]
Fall 2008 Regulatory Agenda; EPA-HQ-
OAR-2008-0205; EPA-HQ-OAR-2008-
0206; EPA-HQ-OW-2008-0226
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-agenda)
at www.reginfo.gov to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rules and major policymakings
completed or canceled since the last
agenda. Definitions:
"Semiannual regulatory agenda," "E-
Agenda," and "online regulatory
agenda," all refer to the same
comprehensive collection of
information that used to be published in
the Federal Register, but which is now
available through an online database but
not be published in the Federal
Register.
"Regulatory Plan" refers to the
document published in part 2 of the
Federal Register that addresses the core
of the Agency's regulatory priorities that
will be issued in the coming fiscal year.
"Regulatory Flexibility Agenda"
refers to a document about regulations
with a significant impact on a
substantial number of small entities that
will continue to be published in the
Federal Register because of a
requirement of the Regulatory
Flexibility Act.
"Unified Agenda" refers to the
collection of all agencies' agendas with
an introduction prepared by the
Regulatory Information Service Center.
"Monthly Action Initiation List" (AIL)
refers to a list that EPA posts online
each month of the regulations newly
approved for development.
"Regulatory agenda preamble" refers
to the document you are reading now.
It appears as part of the Regulatory
Flexibility Agenda and introduces both
EPA's regulatory flexibility agenda and
the e-agenda.
FOR FURTHER INFORMATION
CONTACT If you have questions or
comments about a particular action,
please get in touch with the agency
contact listed in each agenda entry. If
you have general questions about EPA's
regulatory agenda, regulatory plan,
regulatory flexibility agenda, or EPA's
regulatory development process, please
contact: Phil Schwartz
(schwartz.philip@epa.gov; 202-564-
6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-
2855).
TO BE PLACED ON AN AGENDA
MAILING LIST:If you would like to
receive an e-mail with a link to new
regulatory agendas as soon as they are
published, please send an e-mail
message to: nscep@bps-lmit.com and
put "E-Regulatory Agenda: Electronic
Copy" in the subject line.
If you would like to receive a monthly
e-mail with a link to our new update,
the Action Initiation List, go to
http://www.epa.gov/lawsregs/search/
ail.html#notification and complete the
five steps listed there.
If you would like to receive a hard
copy of the semiannual agenda about 2
to 3 months after publication, please
send an e-mail with your name and
complete address to: nscep@bps-
lmit.com and put "Regulatory Agenda
Hard Copy" in the subject line, or call
800-490-9198. There is no charge for a
single copy of the agenda.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda
Information
B. What Are EPA's Regulatory Goals,
and What Key Principles, Statutes,
and Executive Orders Inform Our
Rule and Policymaking Process?
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
D. What Actions Are Included in the
Regulatory Agenda?
E. How Are Regulatory Plan and
Regulatory Flexibility Agenda
Organized?
F. What Information Is in the Regulatory
Flexibility Agenda, the E-Agenda, and
the Regulatory Plan?
G. New Monthly Update Tool: The
Action Initiation List
H. What Other Tools for Finding Out
About EPA Rules and Policies Are
Available at EPA.gov,
Regulations.gov, and Reginfo.gov?
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
J. Thank You for Collaborating With Us.
A. Map of Regulatory Agenda
Information
Part of Agenda
Online locations
Federal Register Location
Semiannual Regulatory Agenda
Annual Regulatory Plan
Semiannual Regulatory Flexibility Agenda
Monthly Action Initiation List
www.reginfo.gov/ and
www.epa.gov/opei/orpm.html
www.reginfo.gov/ and
www.epa.gov/opei/orpm.html
www.reginfo.gov/ and
www.epa.gov/opei/orpm.html
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail& d=EPA-HQ-
OA-2008-0265 and
www.epa.gov/lawsregs/search/ail.html
Not in FR
Part 2 of today's issue
Part 22 of today's issue
Not in FR
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
B. What Are EPA's Regulatory Goals,
and What Key Principles, Statutes, and
Executive Orders Inform Our Rule and
Policymaking Process?
Our primary objective is to protect
human health and the environment.
One way we achieve this objective is
through the development of regulations.
In the United States, Congress passes
laws and authorizes certain Government
agencies, including EPA, to create and
enforce regulations. EPA regulations
cover a range of environmental and
public health protection issues from
setting standards for clean water, to
establishing requirements for proper
handling of toxic wastes, to controlling
air pollution from industry and other
sources.
To ensure that our regulatory
decisions are scientifically sound, cost-
effective, fair, and effective in achieving
environmental goals, we conduct high
quality scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process so that
Agency decisionmakers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
Building flexibility into regulations
from the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. We seek collaborative
solutions to shared challenges.
Research, testing, and adoption of new
environmental protection methods are
also a central tenet in environmental
problem solving. The integration of all
of these elements via a well-managed
regulatory development process and a
strong commitment to innovative
solutions will ensure that we all benefit
from significant environmental
improvements that are fair, efficient,
and protective. Our overall success is
measured by our effectiveness in
protecting human health and the
environment. For a more expansive
discussion of our regulatory philosophy
and priorities, please see the Statement
of Priorities in the FY 2009 regulatory
plan
(http://epa.gov/opei/
orpm.html#agenda).
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act. We also
must meet a number of requirements
contained in Executive Orders: 12866
(Regulatory Planning and Review; 58 FR
51735; October 4, 1993), 12898
(Environmental lustice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255; August 10, 1999), 13175
(Consultation and Coordination With
Indian Tribal Governments; 65 FR
67249; November 9, 2000), 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use; FR 28355; May 22,
2001).
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register (FR).
Information on submitting comments to
the rulemaking docket is provided in
each of our Notices of Proposed
Rulemaking (NPRMs), and we always
accept comments through the
regulations.gov e-docket. To be most
effective, comments should contain
information and data that support your
position, and you also should explain
why we should incorporate your
suggestion in the rule or nonregulatory
action. You can be particularly helpful
and persuasive if you provide examples
to illustrate your concerns and offer
specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA's rule and
policymaking process. For more
information about public involvement
in EPA activities, please visit
www. epa.gov/publicinvolvement.
D. What Actions Are Included in the E-
Agenda and the Regulatory Flexibility
Agenda?
EPA includes regulations and certain
major policy documents in the e-agenda.
However, there is no legal significance
to the omission of an item from the
agenda, and we generally do not include
minor amendments or the following
categories of actions:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers;
• Under the Clean Air Act: Revisions
to State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes;
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Registration-related decisions, actions
affecting the status of currently
registered pesticides, and data call-
ins;
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations;
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions;
• Under the Clean Water Act: State
Water Quality Standards; deletions
from the section 307(a) list of toxic
pollutants; suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
delegations of NPDES authority to
States;
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Regulatory Flexibility Agenda
normally includes:
• Actions that are likely to have a
significant economic impact on a
substantial number of small entities,
and
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
• Any rules that the Agency has
identified for periodic review? under
section 610 of the Regulatory
Flexibility Act
E. How Are Regulatory Plan and
Regulatory Flexibility Agenda
Organized?
The Regulatory Plan is organized
according to the current stage of
development. The stages are:
1. Prerulemaking-Prerulemaking actions
are generally intended to determine
whether EPA should
initiate rulemaking. Prerulemakings
may include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations required
under section 610 of the Regulatory
Flexibility Act, requests for public
comment on the need for regulatory
action, or important preregulatory
policy proposals.
2. Proposed Rule-This section includes
EPA rulemaking actions that are
within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule-This section includes rules
that will be issued as a final rule
within a year.
We have organized the Regulatory
Flexibility Agenda as follows:
First, into divisions based on the law
that would authorize a particular action.
A "General" division which includes
crosscutting actions, such as rules
authorized by multiple statutes and
general acquisition rules precedes the
media statutes (Clean Air Act (CAA),
Clean Water Act (CWA), etc.)
Second, by the current stage of
development. The stages are:
1. Prerulemaking-Prerulemaking actions
are generally intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations
required under section 610 of the
Regulatory Flexibility Act, requests
for public comment on the need for
regulatory action, or important
preregulatory policy proposals.
2. Proposed Rule-This section includes
EPA rulemaking actions that are
within a year of proposal (publication
of Notices of Proposed Rulemakings
(NPRMs)).
3. Final Rule-This section includes rules
that will be issued as a final rule
within a year.
4. Long-Term Actions-This section
includes rulemakings for which the
next scheduled regulatory action is
after October 2009.
5. Completed Actions-This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the spring 2008 agenda. It also
includes actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
F. What Information Is in the
Regulatory Flexibility Agenda, the E-
Agenda, and the Regulatory Plan?
Regulatory Flexibility Agenda entries
include:
Sequence Number, RIN, Title,
Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (?). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review? of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority: Entries are placed into one of
five categories described below?. OMB
review's all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under E.O.
12866, a rulemaking action that may
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of E.O. 12866.
Also, if we believe that a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
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
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
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.
International Trade Impacts: Indicates
whether the action is likely to have
international trade or investment effects,
or otherwise be of international interest.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification
number that EPA uses to track
rulemakings and other actions under
development.
URLs: For some of our actions we
include the Internet addresses for:
Reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket which is at:
www.regulations.gov. Once there,
follow? the online instructions to access
the docket and submit comments. A
Docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
agenda entries that have already been
proposed.)
RIN: The Regulatory Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
Regulatory Plan entries include all
categories of information included in E-
Agenda entries, plus:
Sequence Number, Statement of Need,
Summary of Legal Basis, Alternatives,
Anticipated Costs and Benefits, and
Risks.
G. New Monthly Update Tool: The
Action Initiation List
Continuing to build on EPA's
tradition of open, transparent
rulemaking, last April we started
posting each month a list of the
regulations which had been approved
for development. We call this list the
Action Initiation List. You can see the
current list at
http://www.epa.gov/lawsregs/search/
ail.html where you will also find
information about how to get an e-mail
notification when a new list is posted.
H. What Other Tools for Finding Out
About EPA Rules and Policies Are
Available at Reginfo.gov,
Regulations.gov, and EPA.gov?
1. Regulatory Agenda Search Engines
If you want to quickly identify the
regulation(s) of interest to you, we
recommend that you go to
www.reginfo.gov/public/do/
eAgendaMain and use the E-Agenda
database and its powerful search, and
advanced search features. With
advanced searches you can specify the
values you are interested in for up to 21
Agenda data fields. This database also
lets you access information from
previous versions of the Agenda and
Plan.
2. Public Dockets
When EPA publishes either an
Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the
Federal Register, the Agency may
establish a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to a particular Agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act section 610 reviews of
rules with significant impacts on a
substantial number of small entities and
various non-rulemaking activities, such
as Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and other non-rule
activities. If there is a docket on a
particular action, information about the
location will be in that action's Agenda
entry. EPA opens an electronic docket
for each of our proposed rules by the
time we publish them in the Federal
Register. All of our electronic dockets
are housed at www.regulations.gov
where you can review? the proposed
rule, supporting documents, and public
comments, and where you may
electronically submit your own
comments and make use of the
bookmarking and notification features.
3. Subject Matter EPA Web sites
More than 100 of the actions listed in
the agenda include a URL that provides
additional information about the
program that the action belongs to.
4. 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
e. Toxic substances
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
www. epa.gov/fedrgstr/ subscribe, htm.
If you have e-mail without full Internet
access, please send an e-mail to
envsubset@epa.gov to request
instructions for subscribing to the EPA
Federal Register listservers.
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act), the Agency must prepare
a formal analysis of the potential
negative impacts on small entities,
convene a Small Business Advocacy
Review Panel (proposed rule stage), and
prepare a Small Entity Compliance
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the
Agency's policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA Web site
at http://www.epa.gov/sbrefa/. You may
search
http://www.reginfo.gov/public/do/
eAgendaAdvancedSearch to find a list
of EPA's entries for which a Regulatory
Flexibility Analysis is required or for a
list of EPA's entries 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
(SEIOSNOSE). EPA has three rules
under 610 review in 2008.
Rule Being Reviewed
VOC Regulation for Architectural Coatings (Section 610 Review)
Control of Emissions of Air Pollution From Nonroad Diesel Engines
(Section 610 Review)
National Primary Drinking Water Regulations: Stage I
Disinfectant/Disinfection By-Products Rule (Section 610 Review)
RIN
2060-AP09
2060-AO82
2040-AE97
Docket ID
EPA-HQ-OAR-2008-0205
EPA-HQ-OAR-2008-0206
E PA-H Q-OW-2008-0226
EPA undertakes section 610 reviews
to decide whether the agency should
continue a rule unchanged, amend it, or
withdraw it. EPA announced these three
610 reviews in the "Prerule" section of
the spring 2008 Agenda. We encouraged
small entities to provide comments on
the need to change these rules, and in
particular, how the rules could be made
clearer, more effective, or if there is
need to remove conflicting or
overlapping requirements with other
Federal or State regulations. More
information on the results of each of
these reviews is available in the abstract
section of each individual 610 review
Agenda entry.
J. Thank You for Collaborating With
Us.
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
GENERAL—Proposed Rule Stage
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: August 29, 2008.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
2945
2946
Title
SAN No. 5288 Procedures for Implementing the National Environmental Policy Act and Assessing the Environ-
mental Effects Abroad of EPA Actions
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
Regulation
Identifier
Number
2020-AA48
2030-AA67
GENERAL—Final Rule Stage
Sequence
Number
2947
SAN No.
cv
Title
5291 Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agen-
Regulation
Identifier
Number
201 5-AA01
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EPA
Environment Protection Agency Fall 2008 Regulatory Agenda
GENERAL—Final Rule Stage (Continued)
Sequence
Number
2948
2949
2950
Title
SAN No. 5248 Regulation to Adjust Civil Monetary Penalties for Inflation
SAN No 5295 Cross-Media Electronic Reporting Regulation (CROMERR) Technical Amendment
SAN No. 5121 Age Discrimination Regulations: EPA-Assisted Programs; Age Discrimination Act of 1975
Regulation
Identifier
Number
2020-AA46
2025-AA23
2090-AA37
GENERAL—Long-Term Actions
Sequence
Number
2951
Sequence
Number
2952
2953
Title
SAN No 3240 Public Information and Confidentiality Regulations
GENERAL— Completed Actions
Title
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No 5225 Authorize Additional Emergency Procurement Procedures
Regulation
Identifier
Number
2025-AA02
Regulation
Identifier
Number
2030-AA37
2030-AA97
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
2954
2955
2956
2957
2958
2959
2960
2961
2962
Title
SAN No. 5266 Definition of Solid Waste for Non-Hazardous Materials (Reg Plan Seq No. 101)
SAN No 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide
SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide (Reg Plan Seq
No. 98)
SAN No 5163 Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
SAN No. 5170 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox-
ides of Sulfur (Reg Plan Seq No. 99)
SAN No 4699 1 Revisions to Emissions Monitoring Regulations
SAN No 5168 New Source Performance Standards (NSPS) Review Strategy
SAN No. 5196 Risk and Technology Review Phase II Group 3
SAN No. 5265 Greenhouse Gases Under the Clean Air Act
Regulation
Identifier
Number
2050-AG44
2060-AI43
2060-AO19
2060-AO48
2060-AO72
2060-AM63
2060-AO60
2060-AO97
2060-AP12
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2963
2964
2965
2966
2967
2968
2969
2970
2971
2972
SAN No. 5269 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Bromide
and Methyl Iodide
SAN No. 5280 NESHAP: Group I and IV Polymers and Resins: Amendments
SAN No. 5231 NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors; PM Standards Amendments
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No. 4782 Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate
SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration
SAN No. 5071 Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand
SAN No. 4309 National VOC Emission Standards for Consumer Products and Architectural and Industrial Mainte-
nance Coatings; Amendments
SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives
SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5
2060-AP22
2060-AP25
2050-AG43
2060-AF72
2060-AK84
2060-A015
2060-AO04
2060-AI62
2060-AJ61
2060-A011
-------
EPA
Environment Protection Agency Fall 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2973
2974
2975
2976
2977
2978
2979
2980
2981
2982
2983
2984
2985
2986
2987
2988
2989
2990
2991
2992
2993
2994
2995
2996
2997
2998
2999
3000
3001
3002
3003
3004
3005
3006
3007
3008
3009
3010
3011
3012
3013
3014
3015
3016
3017
3018
SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub-
stances for Destruction in the U.S
SAN No. 5235 Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl
Bromide
SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
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. 5052 Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
SAN No. 4988 NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
SAN No. 3380 NSPS: SOCMI—Wastewater Amendments
SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems
SAN No. 4633 Performance-Based Measurement System for Fuels: Criteria for Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures
SAN No. 4846 NESHAP and NSPS for Municipal Solid Waste Landfills—Amendments
SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing
SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at
Major Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment
SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments
SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs
SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation
SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry
SAN No. 5016 NESHAP: Area Source Standards—Paint and Allied Products Manufacturing
SAN No. 5025 Revisions to the Definition of Potential to Emit (PTE)
SAN No. 5093 Risk and Technology Review Phase II Group 2
SAN No. 5079 Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to
CAAA Committee Recommendations Ready for Program Office Approval
SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface
Coating) Operations—Amendment
SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines
SAN No. 5122 NESHAP: Ferroalloys Production—Area Source Standards
SAN No. 5131 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four
Hydrofluoropolyethers (HFPEs) and HFE-347pc-f
SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
SAN No. 5129 Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per
Cylinder
SAN No. 5155 Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling
SAN No. 5147 Amend Methods 201a and 202 To Improve Measurement of PM2.5
SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Amendments To Address "No Emis-
sion Reduction" MACT Floors
SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines
SAN No. 5224 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
SAN No. 5234 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
SAN No. 5242 Greenhouse Gas Mandatory Reporting Rule (Reg Plan Seq No. 102)
SAN No. 5250 Renewable Fuels Standard Program (Reg Plan Seq No. 103)
SAN No. 5035.1 NSPS for Equipment Leaks; Amendments
SAN No. 5093.2 Risk and Technology Review Phase II Group 2A (Reg Plan Seq No. 104)
SAN No. 5093.3 Risk Technology Phase II Group 2B
SAN No. 5189 NESHAP: Area Source Standards—Aluminum, Copper, and Other Nonferrous Foundries
SAN No. 5191 NESHAP: Area Source Standards—Asphalt Roofing Manufacture
SAN No. 5194 Implementation of the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Sub-
part 1 Areas and 1-Hour Contingency Measures
SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feeds Manufacturing
SAN No. 5216 Prevention of Air Pollution Emergency Episodes
SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments
SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments
SAN No. 5236 Reconsideration of Halogenated Solvent Cleaning Final Residual Risk Rule
2060-AN48
2060-A078
2060-AM09
2060-AN30
2060-AN58
2060-AN33
2060-AE94
2060-AJ86
2060-AK03
2060-AM08
2060-AM19
2060-
2060-
2060-
2060-
2060-
2060-
2060-
2060-
2060-
•AM44
•AM84
•AM87
-ANOO
-AN36
-AN46
-AN47
-AN65
-AN85
2060-AN93
2060-A003
2060-A012
2060-A013
2060-AO17
2060-A023
2060-AO38
2060-A050
2060-AO58
2060-A066
2060-AO70
2060-A076
2060-A077
2060-AO79
2060-A081
2060-AO90
2060-AO91
2060-A092
2060-A093
2060-AO94
2060-AO96
2060-A098
2060-APOO
2060-AP05
2060-AP06
2060-AP07
-------
EPA
Environment Protection Agency Fall 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3019
3020
3021
3022
3023
3024
3025
3026
3027
3028
SAN No. 5257 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program
SAN No. 5259 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
SAN No. 5260 NESHAP: Gasoline Distribution Amendments—Area Source Standard
SAN No. 5261 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods
SAN No. 5273 Restructuring of the Stationary Source Audit Program
SAN No. 5275 Implementation of 2008 8-Hour Ozone NAAQS
SAN No. 5286 Transportation Conformity PM2.5 and PM10 Amendments
SAN No. 5194.2 Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding
SAN No. 5297 National Volatile Organic Compound Emission Standards for Aerosol Coatings; Amendments
SAN No. 5035.2 NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments
2060-AP11
2060-AP15
2060-AP16
2060-AP17
2060-AP23
2060-AP24
2060-AP29
2060-AP30
2060-AP33
2060-AP34
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3029 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3030 SAN No. 4794.2 Prevention of Significant Deterioration and Nonattainment New Source Review: Emission In-
creases for Electric Generating Units (Reg Plan Seq No. 106) 2060-AN28
3031 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93
3032 SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead 2060-AN83
3033 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
3034 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements ... 2060-AH23
3035 SAN No. 4119 Performance Specification 16—Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources 2060-AO74
3036 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
3037 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
3038 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
3039 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42
3040 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
3041 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3042 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation, and Project Netting 2060-AL75
3043 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 Ibs and In-Use, Not-To-Exceed Emission Standard
Testing 2060-AL92
3044 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
3045 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3046 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
3047 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75
3048 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
3049 SAN No. 4970 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Amendments 2060-AN17
3050 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
3051 SAN No. 5022 Requirements for Reformulated Gasoline (RFC) Under the 8-hour Ozone Standard for Bump-Up
Areas Designated Attainment for the 1-hour Ozone Standard Prior to Revocation 2060-AN63
3052 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule 2060-AN68
3053 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS)—Subpart J 2060-AN72
3054 SAN No. 5045 Revision to Definition of Volatile Organic Compounds—Exclusion of Compounds 2060-AN75
3055 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99
3056 SAN No. 5100 Prevention of Significant Deterioration: Refinement to Increment Modeling Procedures 2060-AO02
-------
EPA
Environment Protection Agency Fall 2008 Regulatory Agenda
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3057 SAN No. 4891.1 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07
3058 SAN No. 5126 Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Res-
ins, and Hydrogen Fluoride 2060-AO16
3059 SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels and Sig-
nificant Monitoring Concentrations 2060-AO24
3060 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio-
nuclides 2060-AO31
3061 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 2060-AO36
3062 SAN No. 5145 New Source Performance Standards Review for Nonmetallic Mineral Processing Plants and
Amendments to Subpart UUU Applicability 2060-AO41
3063 SAN No. 5146 Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emis-
sions From Hot Mix Asphalt Plant Dryers 2060-AO51
3064 SAN No. 5156 National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amend-
ments to Method 301 2060-AO53
3065 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55
3066 SAN No. 5144 Standards of Performance for Coal Preparation Plants—Amendments 2060-AO57
3067 SAN No. 5174 Clarification of Reconsideration of New Source Performance Standards (NSPS) for Electric Utility,
Industrial, Commercial, and Institutional Steam Generating Units 2060-AO61
3068 SAN No. 5154 Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low
Sulfur Diesel 2060-AO71
3069 SAN No. 5226 Group IV: CTGs in Lieu of Regulations for Misc. Metal Products Coatings, Plastic Parts, Auto and
Light Duty Truck Assembly Coatings, Fiberglass Boat Mfg. Materials, and Misc. Industrial Adhesives 2060-AP01
3070 SAN No. 5237 Standards of Performance for New Stationary Sources, Test Method 2H 2060-AP08
3071 SAN No. 5194.1 Implement the 8-Hour Ozone NAAQS: Addressing a Portion of the Phase 2 Ozone Implementa-
tion Rule Concerning Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment
Areas 2060-AP10
3072 SAN No. 5282 Air Quality Designations and Classifications for the 24-Hour Fine Particles (PM2.5) National Ambi-
ent Air Quality Standards 2060-AP27
3073 SAN No. 5289 Protocols for Monitoring and Measuring Mercury Emissions 2060-AP31
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3074
3075
3076
3077
3078
3079
3080
3081
3082
3083
3084
3085
3086
SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Availability of Information to the Public; Technical Amendment
SAN No. 5094 Clean Air Mercury Rule: Federal Plan
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
SAN No. 5169 Review of the National Ambient Air Quality Standards for Particulate Matter
SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before De-
cember 9, 2004
SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition To Delist
SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK)
SAN No. 4689 Section 126 Rule Withdrawal Provision
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. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline
SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks, and Heavy
Duty Vehicles
SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations
SAN No. 4697.1 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Ar-
ticle 5 Countries
2050-AE95
2060-AN98
2060-AH01
2060-AO47
2060-AN43
2060-AK73
2060-AM20
2060-AK41
2060-AM62
2060-AJ82
2060-AN01
2060-AI03
2060-AN87
-------
10
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3087
3088
3089
3090
3091
3092
3093
3094
3095
3096
3097
3098
3099
3100
3101
SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants
SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act
SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
SAN No. 4918 Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sec-
tor Under the Significant New Alternatives Policy (SNAP) Program
SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions
SAN No. 4348 Amendment to Inspection/Maintenance Program Requirements for Federal Facilities
SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan
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")
SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines
SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal
Waste Combustors (MWCs)
SAN No. 5137 Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use
Growers
SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing
SAN No. 5268 Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh, Indi-
ana
SAN No. 5281 NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings:
Amendments
2060-AL94
2060-AM49
2060-AM55
2060-AO68
2060-AM54
2060-AH31
2060-AI97
2060-AL83
2060-AL84
2060-AN73
2060-A018
2060-AO29
2060-AO75
2060-AP21
2060-AP26
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3102 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins—Amendments 2060-AH47
3103 SAN No. 4752.2 Implementation of the New Source Review (NSR) Program for PM2.5 2060-AN86
3104 SAN No. 4161.1 Update of Continuous Instrumental Test Methods: Technical Amendments 2060-AP13
3105 SAN No. 5047 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration) .. 2050-AG29
3106 SAN No. 5090 Federal Implementation Plan for Forest County Potawatomi Class I Redesignation 2005-AAOO
3107 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34
3108 SAN No. 5212 Ohio SO2 Rules / FIP Rescission 2005-AA01
3109 SAN No. 5161 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AA01
3110 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
per Cylinder 2060-AM06
3111 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
3112 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
3113 SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing:
Amendments 2060-AN80
3114 SAN No. 5080 Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska 2060-AN94
3115 SAN No. 5135 NESHAP—Area Source Standards—Nine Metal Fabrication and Finishing Source Categories (12
SICs, 23 NAICS Codes) 2060-AO27
3116 SAN No. 5140 Method 207—Pre-Survey Procedure for Corn Wet-Milling Facility Emission Sources 2060-AO39
3117 SAN No. 5142 Review of New Source Performance Standards (Subpart UUU)—Mineral Dryers/Calciners 2060-AO43
3118 SAN No. 5157 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008 2060-AO44
3119 SAN No. 5175 NESHAP: Aviation Gasoline Distribution MACT Standards 2060-AO62
3120 SAN No. 5180 Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before
September 20, 1994 2060-AO63
3121 SAN No. 5186 Pulp and Paper Sector Model 2060-AO67
3122 SAN No. 5166 Opportunity To Provide Feedback to the Agency on Emissions Standards for Stationary Diesel En-
gines 2060-AO73
3123 SAN No. 5249 Renewable Fuel Standard Technical Amendments 2060-AO80
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
11
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3124 SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines (Completion of a Section 610
Review) [[[ 2060-AO82
3125 SAN No. 4907.1 National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Amendments —
Area Source Standard [[[ 2060-AO84
3126 SAN No. 5203 Control of Emissions of Air Pollution From Snowmobiles [[[ 2060-AO88
3127 SAN No. 5193 Implementation of the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding Pro-
visions on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard [[[ 2060-AO95
3128 SAN No. 5202 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments .................................................. 2060-AO99
3129 SAN No. 5227 Consumer and Commercial Products: National VOC Emission Standards for Miscellaneous Indus-
trial Adhesives and Sealants [[[ 2060-AP02
3130 SAN No. 5230 NESHAP: Area Source Standards— Aluminum Foundries [[[ 2060-AP04
3131 SAN No. 5255 VOC Regulation for Architectural Coatings (Completion of a Section 610 Review) ........................ 2060-AP09
3132 SAN No. 5263 Protection of Stratospheric Ozone: Revision of Refrigerant Recovery-Only Equipment Standards ... 2060-AP18
3133 SAN No. 5264 NESHAP: Gasoline Distribution Amendments; Area Source Standard ............................................... 2060-AP19
3134 SAN No. 5267 Final Determination To Extend Deadline for Promulgation of Action on Section 126 Petition From
Warrick County, Indiana, and the Town of Newburgh, Indiana [[[ 2060-AP20
3135 SAN No. 5283 Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for 2008 Ozone
NAAQS Monitoring Data [[[ 2060-AP28
3136 SAN No. 5108.1 Withdrawal of Federal Implementation Plans for the Clean Air Interstate Rule ............................... 2060-AP32
ATOMIC ENERGY ACT (AEA)— Proposed Rule Stage
TSST
3137 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste [[[ 2060-AH63
-------
12
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3142
3143
3144
Title
SAN No. 5031 Pesticides; Expansion of Crop Grouping Program
SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act
by Producers of Plant- Incorporated Protectants (PIPs)
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
Regulation
Identifier
Number
2070-AJ28
2070-AJ32
201 5-AAOO
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3145
3146
3147
Title
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
SAN No 3222 Groundwater and Pesticide Management Plan Rule
SAN No. 5276 Pesticides; Technical Amendments
Regulation
Identifier
Number
2070-AD61
2070-AC46
2070-AJ42
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3148
3149
3150
3151
3152
3153
3154
3155
3156
3157
3158
Title
SAN No. 5050 Pesticide Agricultural Container Recycling Program
SAN No 4173 Pesticides' Data Requirements for Antimicrobials
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 5007 Pesticides; Competency Standards for Occupational Users
SAN No 5006 Pesticides' Agricultural Worker Protection Standard Revisions
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
SAN No 4985 Pesticides' Determination of Status of Prions as Pests
SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
Regulation
Identifier
Number
2070-AJ29
2070-AD30
2070-AJ23
2070-AD49
2070-AD55
2070-AD56
2070-AJ20
2070-AJ22
2070-AD14
2070-AJ26
2070-AJ27
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Completed Actions
Sequence
Number
3159
Title
SAN No. 5223 Pesticides; Revisions to Pesticide Container/Containment Rule
Regulation
Identifier
Number
2070-AJ37
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3160
3161
3162
Title
SAN No. 5187 Test Rule; Nonylphenol (NP) and Its Ethoxylates (NPE)
SAN No 5256 Polychlorinated Biphenyls (PCBs)' Use and Distribution in Commerce
SAN No. 5287 Formaldehyde Emissions from Pressed Wood Products (Rea Plan Sea No. 100)
Regulation
Identifier
Number
2070-AJ34
2070-AJ38
2070-AJ44
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
13
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3163
3164
3165
3166
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
SAN No. 5270 Electronic Premanufacture Notice (PMN) Reporting
2070-AB27
2070-AJ36
2070-AD16
2070-AJ41
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3167
3168
3169
3170
3171
3172
3173
3174
SAN No. 5271 Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-
Based Paint Activities Contractors
SAN No. 4984 Clarification on TSCA Inventory Status of Activated Phosphors
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain
Polymers
SAN No. 3528 Refractory Ceramic Fibers (RCFs)
SAN No. 3493.1 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No. 3493.4 HAPs Testing Agreement for Diethanolamine
SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
2070-AJ40
2070-AJ21
2070-AD58
2070-AC37
2070-AJ06
2070-AJ09
2070-AB11
2070-AC21
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3175 SAN No. 3148 Asbestos Model Accreditation Plan Revisions 2070-AC51
3176 SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins 2070-AJ04
3177 SAN No. 2150.2 Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal 2050-AG42
3178 SAN No. 2150 Polychlorinated Biphenyls (PCBs); Petitions Seeking a Manufacturing (Import) Exemption for Use .. 2070-AJ39
3179 SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA 2070-AJ15
3180 SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances 2070-AA59
3181 SAN No. 1923 Follow-Up Rules on Existing Chemicals 2070-AA58
3182 SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture 2070-AD48
3183 SAN No. 1923.1 Significant New Use Rule for Chloranil 2070-AJ31
3184 SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances 2070-AB79
3185 SAN No. 3493 Testing for Existing Chemicals (Overview Entry for Future Needs) 2070-AB94
3186 SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP) 2070-AC27
3187 SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs) 2070-AC76
3188 SAN No. 3882 Test Rule; Certain Metals 2070-AD10
3189 SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program 2070-AD25
3190 SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives 2070-AD28
3191 SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity .... 2070-AD44
3192 SAN No. 3493.2 Testing Agreement for Aryl Phosphates (ITC List 2) 2070-AJ07
3193 SAN No. 3493.3 Test Rule; Brominated Flame Retardants (BFRs) 2070-AJ08
3194 SAN No. 3493.5 HAPS Testing Agreement for Hydrogen Fluoride 2070-AJ10
3195 SAN No. 3493.7 HAPS Testing Agreement for Phthalic Anhydride 2070-AJ11
3196 SAN No. 3493.6 Testing Agreement for Maleic Anhydride 2070-AJ13
3197 SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules 2070-AB08
3198 SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule 2070-AC64
3199 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 2070-AD64
3200 SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 2070-AD53
-------
14
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3201 SAN No. 5279 TSCA Inventory Update Reporting Modifications [[[ 2070-AJ43
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Completed Actions
TSST
3202 SAN No. 5058 Nanoscale Materials Under TSCA [[[ 2070-AJ30
EMERGENCY PLANNING AND COMMUNITY RIGHT— TO— KNOW ACT (EPCRA)— Prerule Stage
Regulation
Nmhr Title Identifier
Number Number
3203 SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals [[[ 2025-AA19
EMERGENCY PLANNING AND COMMUNITY RIGHT— TO— KNOW ACT (EPCRA)— Proposed Rule Stage
TSST I ~ I 'is
3204 SAN No. 4753 Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning
Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution .................................. 2050-AF08
3205 SAN No. 5296 Toxics Release Inventory Articles Exemption Clarification [[[ 2025-AA24
3206 SAN No. 5262 Waste Energy Recovery Registry [[[ 2060-AP14
EMERGENCY PLANNING AND COMMUNITY RIGHT— TO— KNOW ACT (EPCRA)— Final Rule Stage
3207 SAN No. 3215 Amendments to Emergency Planning and Community Right-To-Know Act ........................................ 2050-AE17
EMERGENCY PLANNING AND COMMUNITY RIGHT— TO— KNOW ACT (EPCRA)— Long-Term Actions
3208
3209
3210
3211
SAN No. 3215.1 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule ....
SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory [[[
SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
15
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3212
SAN No. 5207 Toxic Chemical Release Reporting Using Revised 2007 North American Industry Classification
System (NAICS) Codes
2025-AA22
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3213
3214
3215
3216
3217
Title
SAN No. 5274 Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as
Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
SAN No. 5070 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Re-
quirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
SAN No. 4606 Revisions to the Requirements for Transboundary Shipments of Wastes Destined for Recovery
Between the U.S. and Other OECD Countries and for Export Shipments of Spent Lead Acid Batteries
SAN No 2647 RCRA Subtitle C Financial Test Criteria Regulatory Determination
SAN No 5127 Amendment to the Universal Waste Rule' Addition of Pharmaceuticals
Regulation
Identifier
Number
2050-AG45
2050-AG34
2050-AE93
2050-AC71
2050-AG39
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3218
3219
3220
3221
Title
SAN No. 3147.1 Hazardous Waste Manifest Revisions — Standards and Procedures for
(Reg Plan Seq No. 107)
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial
SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA
Electronic Manifests
Wipes
SAN No. 4920 Rulemaking to Streamline Laboratory Waste Management in Academic and Research Laboratories
Regulation
Identifier
Number
2050-AG20
2050-AE51
2050-AG24
2050-AG1 8
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3222
3223
3224
3225
3226
3227
Title
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
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. 5128 Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correc-
tion
SAN No. 4735 RCRA Smarter Waste Reporting
SAN No. 4828 RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2050-AE23
2050-AE34
2050-AE81
2050-AG38
2050-AF01
2090-AA34
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3228
3229
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. 4670.1 Definition of Solid Wastes Revisions
2050-AG15
2050-AG31
-------
16
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
550IL POLLUTION ACT—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3230
SAN No. 2634.7 Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities Compliance Dates 2050-AG49
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Regulation
3231 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites [[[ 2050-AD75
3232 SAN No. 5292 Additional Reference to New Forestland Phase I Standard to Referenced Compliant Standards in
All Appropriate Inquiries [[[ 2050-AG47
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage
Seauence Regulation
M 1 Title Identifier
Number Number
3233 SAN No. 5117 CERCLA — Administrative Reporting Exemption for Air Releases of Hazardous Substances From
Animal Waste at Farms (Reg Plan Seq No. 108) [[[ 2050-AG37
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions
tSSSf
3234 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan ............................. 2050-AG22
3235 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities ............................................ 2050-AF03
CLEAN WATER ACT (CWA)— Proposed Rule Stage
Regulation
3236 SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements [[[ 2050-AE87
3237 SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations ................................... 2040-AE69
3238 SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category (Reg Plan Seq No. 105) [[[ 2040-AE91
3239 SAN No. 5210 Criteria and Standards for Cooling Water Intake Structures— Phase II Remand ................................ 2040-AE95
3240 SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters [[[ | 2040-AD89
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN WATER ACT (CWA)— Final Rule Stage
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
17
EPA
CLEAN WATER ACT (CWA)—Final Rule Stage (Continued)
Sequence
Number
3245
Title
SAN No. 5205 Revisions to the Clean Water Act Regulatory Definition of "Discharge of Dredged Material"
Regulation
Identifier
Number
2040-AE96
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3246
3247
3248
3249
3250
3251
3252
3253
3254
3255
3256
SAN No. 2634.6 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the
Regulatory Definition of "Navigable Waters"
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
SAN No. 3786 NPDES Applications Revisions
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No. 4690 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
SAN No. 3663.1 Availability of and Procedures for Removal Credits
SAN No. 4980 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufac-
turing Process
SAN No. 5251 NPDES Program Management Information Rulemaking
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
2050-AG48
2040-AC93
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AE82
2020-AA47
2040-AE77
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3257
3258
3259
3260
Title
SAN No 5040 Water Transfers Rule
SAN No 4822 Effluent Guidelines and Standards' Recodification of Various Effluent Guidelines
SAN No 5064 2008 Effluent Guidelines Program Plan
SAN No. 5243 NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment For-
mula
Regulation
Identifier
Number
2040-AE86
2040-AE61
2040-AE89
2040-AE99
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3261
3262
3263
Title
SAN No. 5066 Second 6-Year Review of Existing National Primary Drinking Water Regulations
SAN No. 5211 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide
(CO2) Geologic Sequestration (GS) Wells
SAN No. 5272 National Primary Drinking Water Regulations: Minor Correction to Stage 2 Disinfectants and Dis-
infection Byproducts Rule and Changes Related to References of Analytical Methods
Regulation
Identifier
Number
2040-AE90
2040-AE98
2040-AFOO
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3264
3265
Title
SAN No 4745 Drinking Water Contaminant Candidate List 3
SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System
Regulation
Identifier
Number
2040-AD99
2040-AE84
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18
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
3266
3267
3268
3269
3270
3271
Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Consideration of Distribution System Issues
SAN No. 4236 Underground Injection Control: Update of State Programs
SAN No. 5284 Revising Underground Storage Tank Regulations — Revisions to Existing Requirements and Addi-
tions To Incorporate the Provisions of the Energy Policy Act
Regulation
Identifier
Number
2040-AA94
2040-AC13
2040-AD54
2040-AD94
2040-AD40
2050-AG46
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3272
3273
Title
SAN No. 4821 Drinking Water: Regulatory
Water Contaminant Candidate List
Determinations Regarding Contaminants on the Second Drinking
SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant/Disinfection By-Products Rule
(Completion of a Section 610 Review)
Regulation
Identifier
Number
2040-AE60
2040-AE97
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3274
Title
SAN No 2820 Shore Protection Act Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2945. • PROCEDURES FOR
IMPLEMENTING THE NATIONAL
ENVIRONMENTAL POLICY ACT AND
ASSESSING THE ENVIRONMENTAL
EFFECTS ABROAD OF EPA ACTIONS
Priority: Info./Admin./Other
Legal Authority: NEPA
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The Environmental
Protection Agency is taking direct final
action on its revisions to "Procedures
for Implementing the National
Environmental Policy Act and
Assessing the Effects Abroad of EPA
Actions." These revisions make two
minor, technical corrections to the
regulations. The first change is to
correct the number of extraordinary
circumstances from 14 to 10, as
referenced at 40 CFR part
6.204(a)(2)(ii). The second change
clarifies the language in a categorical
exclusion (found at 40 CFR part
6.204(f)(2)(vi)) to include vacant land.
Neither of these changes affects the
substantive conditions of the
regulations.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
02/00/09
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5288
Agency Contact: Robert Hargrove,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, MC 2252A, Washington, DC
20460
Phone: 202 564-7157
Email: hargrove.robert@epa.gov
Jaime Loichinger, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1200 Pennsylvania Ave,
NW, Washington, DC 20460
Phone: 202 564-0276
Email:
loichinger.jaime@epamail.epa.gov
RIN: 2020-AA48
2946. 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.
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
19
EPA—General
Proposed Rule Stage
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
06/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Valen Wade,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-2284
Fax: 202 565-2475
Email: wade.valen@epa.gov
Daniel Humphries, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA67
Environmental Protection Agency (EPA)
General
Final Rule Stage
2947. • SUPPLEMENTAL STANDARDS
OF ETHICAL CONDUCT FOR
EMPLOYEES OF THE
ENVIRONMENTAL PROTECTION
AGENCY
Priority: Info./Admin./Other
Legal Authority: 5 USC 7301
CFR Citation: 5 CFR 6401 (Revision)
Legal Deadline: None
Abstract: The Environmental
Protection Agency will, with the
concurrence of the Office of
Government Ethics (OGE), revise the
Supplemental Standards of Ethical
Conduct for Employees of the
Environmental Protection Agency
(regulation) at 5 CFR part 6401. The
regulation supplements the Standards
of Ethical Conduct for Employees of the
Executive Branch (Standards) issued by
OGE. The revisions to the regulation
are necessary to update, clarify, and
address ethical issues unique to EPA
employees. The regulation prohibits
certain EPA employees from holding
certain financial interests, including
compensated outside employment with
certain persons; and it requires EPA
employees to obtain prior approval to
engage in certain categories of outside
employment.
Timetable:
Action
Date
FR Cite
Final Action
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5291
Agency Contact: Peggy Love,
Environmental Protection Agency,
Washington, DC 20460
Phone: 202 564-1784
Email: love.peggy@epamail.epa.gov
Jennie Keith, Environmental Protection
Agency, Washington, DC 20460
Phone: 202 564-3412
Email: keith.jennie@epamail.epa.gov
RIN: 2015-AAOl
2948. • REGULATION TO ADJUST
CIVIL MONETARY PENALTIES FOR
INFLATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory, March
13, 2008, The DCIA requires that each
federal agency adjust its civil monetary
penalties at least once every 4 years.
Abstract: This rule adjusts EPA's civil
monetary penalties for inflation since
EPA's last adjustment in March of 2004
as required by Congress in the Debt
Collection Improvement Act of 1996, 31
U.S.C. 3701 note (DCIA). The DCIA
provides that each federal agency is
required to issue regulations adjusting
for inflation the maximum civil
monetary penalties that can be imposed
pursuant to such agency's statutes. The
purpose of the adjustments is to
maintain the deterrent effect of civil
monetary penalties and to further the
policy goals of the laws. The DCIA
requires adjustments to be made at least
once every 4 years.
Timetable:
Action
Date
FR Cite
Direct Final Action 11 /00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5248
Agency Contact: David Abdalla,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1200 Pennsylvania Avenue
NW., Washington, DC 20460
Phone: 202 564-2413
Email: abdalla.david@epamail.epa.gov
Gerard Kraus, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-6047
Email: kraus.gerard@epamail.epa.gov
RIN: 2020-AA46
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20
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—General
Final Rule Stage
2949. • CROSS-MEDIA ELECTRONIC
REPORTING REGULATION
(CROMERR) TECHNICAL
AMENDMENT
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA published the final
Cross-Media Electronic Reporting Rule
(CROMERR) on October 13, 2005. The
rule establishes a legal framework for
electronic reporting by regulated
entities to EPA and states, tribes, and
local governments that are authorized
to administer EPA programs.
Specifically CROMERR (1) removes all
regulatory obstacles to e-reporting
under EPA and EPA-authorized
programs; (2) sets requirements for
electronic reporting to EPA; (3) requires
EPA approval of modifications or
revisions to authorized programs that
allow or wish to allow e-reporting; (4)
creates a special, optional process fro
obtaining EPA approval of program
modifications or revisions to e-
reporting and (5) sets mandatory
standards for e-reporting systems
operated by authorized programs.
CROMERR applies to any document
submissions required by or permitted
under any EPA or authorized program
governed by EPA's regulations in title
40 of the Code of Federal Regulations
(CFR), if it is submitted electronically.
State, tribal, and local government
applicants that have an existing
electronic document receiving system
(as defined in section 3.3 of the
regulation), originally had until October
13, 2007, to submit their applications
to apply for EPA approval of their
system under CROMERR. On October
2, 2007, a direct final rulemaking to
extend the October 13, 2007, Cross-
Media Electronic Reporting Regulation
(CROMERR) deadline for authorized
programs (States, tribes, or local
governments) with existing electronic
document receiving systems became
effective. Under section 3.1000(a)(3) of
CROMERR, authorized program
applicants that have an existing
electronic document receiving system
now have until October 13, 2008, to
submit their applications for EPA
approval of their system under
CROMERR.
OEI would like to extend the October
13, 2008, deadline for existing systems
by 15 months, to lanuary 13, 2010, to
provide additional time for authorized
programs to develop their applications
and upgrade their systems, if required.
Timetable:
Action
Date FR Cite
Direct Final Action
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5295
Agency Contact: Evi Huffer,
Environmental Protection Agency,
Office of Environmental Information,
2136 (WSM Room 445D WT),
Washington, DC 20460
Phone: 202 566-1697
Email: huffer.evi@epamail.epa.gov
David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 566-1704
Email: schwarz.david@epamail.epa.gov
RIN: 2025-AA23
2950. AGE DISCRIMINATION
REGULATIONS: EPA-ASSISTED
PROGRAMS; AGE DISCRIMINATION
ACT OF 1975
Priority: Other Significant
Legal Authority: 42 USC 6101 et seq
CFR Citation: 40 CFR 7.10 to 7.180
Legal Deadline: None
Abstract: The Age Discrimination Act
of 1975 prohibits discrimination based
on age in programs or activities that
receive Federal financial assistance,
and requires Federal agencies to issue
regulations implementing the Act.
Recipients are aware of this prohibition
and are already in compliance with this
requirement. This amendment will add
Age as a protected classification to
EPA's nondiscrimination regulations
(40 CFR part 7), which already prohibit
discrimination based on race, color,
national origin, sex, or handicap in
EPA-assisted programs or activities
pursuant to title VI of the Civil Rights
Act of 1964, section 504 of the
Rehabilitation Act of 1973, and section
13 of the Federal Water Pollution
Control Act of 1972. The 1975 Age
Discrimination Act uses the same
prohibitory language as title VI and
section 504. Promulgating this
amendment will bring EPA in line with
other Federal agencies that have
already issued age discrimination
regulations—such as U. S. Department
of lustice (DO!) and the U.S.
Department of Health and Human
Services (HHS). HHS is responsible for
approving age discrimination
regulations before they are published
and has already approved EPA's
proposed amendment.
Timetable:
Action
Date FR Cite
Direct Final Action
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5121
Agency Contact: Thomas Walker,
Environmental Protection Agency,
Office of the Administrator, 1201A,
Washington, DC 20460
Phone: 202 343-9680
Fax: 202 233-0630
Email: walker.tom@epa.gov
Yasmin Yorker, Environmental
Protection Agency, Office of the
Administrator, 1201 A, Washington, DC
20460
Phone: 202 343-9682
Fax: 202 233-0630
Email: yorker.yasmin@epa.gov
RIN: 2090-AA37
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Environment Protection Agency Fall 2008 Regulatory Agenda
21
Environmental Protection Agency (EPA)
General
Long-Term Actions
2951. 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
loe 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
2952. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Info./Admin./Other
CFR Citation: 48 CFR 1537; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Withdrawn 09/05/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Paul Schaffer
Phone: 202 564-1366
Fax: 202 565-2475
Email: schaffer.paul@epa.gov
Eleanor Nolan
Phone: 202 564-3446
Email: nolan.eleanor@epamail.epa.gov
RIN: 2030-AA37
2953. AUTHORIZE ADDITIONAL
EMERGENCY PROCUREMENT
PROCEDURES
Priority: Info./Admin./Other
CFR Citation: 48 CFR 15
Completed:
Reason
Date FR Cite
Withdrawn
09/05/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Eleanor Nolan
Phone: 202 564-3446
Email: nolan.eleanor@epamail.epa.gov
RIN: 2030-AA97
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
P re rule Stage
2954. • DEFINITION OF SOLID WASTE 2955. REVIEW OF THE NATIONAL
FOR NON-HAZARDOUS MATERIALS
Regulatory Plan: This entry is Seq. No.
101 in part II of this issue of the
Federal Register.
RIN: 2050-AG44
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory,
August 1, 1999.
Abstract: Review of the National
Ambient Air Quality Standards
(NAAQS) for carbon monoxide (CO) is
mandated by the Clean Air Act. The
review? will include an assessment of
the available science on health and
environmental effects associated with
ambient levels of CO and an evaluation
of the science in the context of policy
decisions on whether or not to revise
current standards. The last CO NAAQS
review occurred in 1994 with a
decision by the Administrator not to
revise the existing standards.
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22
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
Timetable:
Action
ANPRM
NPRM
Final Action
Date
08/00/09
10/00/10
05/00/1 1
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266;
EPA Docket information: EPA-HQ-OAR-
2008-0015
Agency Contact: Dave McKee,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AI43
2956. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR NITROGEN DIOXIDE
Regulatory Plan: This entry is Seq. No.
98 in part II of this issue of the Federal
Register.
RIN: 2060-AO19
2957. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR SULFUR DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408 and
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review? and, if appropriate, revise air
quality criteria primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
periodically. On May 22, 1996, the EPA
published a final decision under
section 109(d)(l) that revisions of the
primary and secondary NAAQS for
sulfur dioxide (SO2) were not
appropriate at that time, aside from
several minor technical changes. That
action provided the Administrator's
final determination, after careful
evaluation of comments received on the
November 1994 proposal, that
significant revisions to the primary and
the secondary NAAQS for SO2 would
not be made at that time. In 2006, the
EPA/ORD initiated the current periodic
review of SO2 air quality criteria, the
scientific basis for the NAAQS, with a
call for information in the Federal
Register. (This regulatory action is for
the Agency's review? of the primary SO2
NAAQS. Review of the secondary SO2
NAAQS will be part of a separate
regulatory action combined with review
of the secondary nitrogen dioxide
NAAQS.) The EPA's ORD and OAR
will prepare a plan for the primary SO2
NAAQS review, which will be an
integrated plan for addressing policy-
relevant scientific and technical issues
and will include a schedule of the
review. Subsequently, an Integrated
Science Assessment (ISA) will be
prepared by ORD. This document will
be reviewed by the Clean Air Scientific
Advisory Committee (CASAC), an
independent science advisory
committee established to review? the
scientific and technical basis of the
NAAQS, and the public, and will
reflect the input received through these
reviews. Following completion of the
ISA, OAR will prepare and publish an
exposure/risk assessment, as
appropriate, and an Advance Notice of
Proposed Rulemaking (ANPRM), that
will include a policy assessment
reflecting the Agency's views, based on
information in the ISA and the
exposure/risk report. As the primary
SO2 NAAQS review is completed, the
Administrator's proposal to retain or
revise the SO2 NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
03/00/09
07/00/09
03/00/10
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5163;
EPA Docket information: EPA-HQ-OAR-
2007-0352
Agency Contact: Michael Stewart,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-7524
Fax: 919 541-0237
Email: stewart.michael@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO48
2958. REVIEW OF THE SECONDARY
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR OXIDES OF
NITROGEN AND OXIDES OF SULFUR
Regulatory Plan: This entry is Seq. No.
99 in part II of this issue of the Federal
Register.
RIN: 2060-AO72
2959. REVISIONS TO EMISSIONS
MONITORING REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 and 61; 40
CFR 63
Legal Deadline: None
Abstract: This project is part of a larger
effort to improve the emissions factors
program, development of emissions
factors, and the accuracy of emissions
factors. Although the first part of this
rulemaking is slated to be an ANPRM
seeking comment on different aspects
of emissions factors' development,
collection of data used for emissions
factors, replacing AP-42 with the
WebFIRE database, use of the
Electronic Reporting Tool, and other
related issues. The specific purpose of
this rulemaking is to revise data
reporting provisions in parts 60, 61,
and 63 to require the submissions of
performance test data and supporting
information to EPA. More specifically,
the purpose of this project is to revise
the data reporting provisions in parts
60, 61, and 63 to require submission
of performance test data and supporting
information. The project will benefit
the Agency by ensuring that we have
data to update emissions factors, but
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
23
EPA—Clean Air Act (CAA)
Prerule Stage
also save money on data collection
requests. More data will result in more
accurate and up-to-date emissions
factors as well.
Timetable:
Action
Date FR Cite
ANPRM 02/16/05 70 FR 7905
Supplemental ANPRM 11/00/08
NPRM 10/00/09
Final Action 10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4699.1; EPA publication information:
ANPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/February/Day-16/a2995.htm;
Split from RIN 2060-AK29; EPA Docket
information: EPA-HQ-OAR-2003-0180
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-1039
Email: driscoll.tom@epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-05, Research Triangle Park, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AM63
2960. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) REVIEW
STRATEGY
Priority: Other Significant
Legal Authority: 42 USC 7411; 42 USC
7429
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Clean Air Act (CAA)
requires the Environmental Protection
Agency (EPA) to review new source
performance standards (NSPS) within a
specified time frame following the
initial promulgation of the standard
and, if appropriate, revise the standard.
The required review cycle varies
depending on the applicable section of
the CAA. The NSPS written to comply
with section 111 of the CAA should
be reviewed every 8 years. The review
time frame for NSPS written to comply
with section 129 of the CAA should
be reviewed every 5 years. This strategy
outlines EPA's proposed procedure for
fulfilling our statutory obligation to
review and, if appropriate, revise the
NSPS.
Timetable:
Action
Date FR Cite
ANPRM
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5168
Agency Contact: Matthew Witosky,
Environmental Protection Agency, Air
and Radiation, D220B, Research
Triangle Park, NC 27711
Phone: 919 541-2865
Fax: 919 541-5600
Email: witosky.matthew@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D220C,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AO60
2961. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 3
Priority: Other Significant
Legal Authority: CAA sec H2(f); CAA
sec 112(d)(6)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is required to evaluate
the risk remaining at facilities 8 years
after they are required to comply with
MACT air-toxic emission standards
according to section 112 (f)(2) of the
Clean Air Act (CAA). EPA is also
required to review? and revise the
MACT standards if needed every 8
years with regard to practices,
processes and control technologies
according to section 112(d)(6) of the
CAA. EPA will combine the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups to enable us to more
closely meet statutory dates, raise and
resolve programmatic issues, minimize
resources by using available data and
focusing on high risk sources, and
provide consistent review? and analysis.
RTR Phase II originally included 34
MACT standards and 50 source
categories, which was split into 2
groups. Group 2 was addressed in a
previous action. This action focuses on
RTR Phase II Group 3 which consists
of 18 MACT standards (covering 20
source categories) with MACT
compliance dates of 2002 and earlier.
We will use available data including
emissions from the most recent 2002
national emission inventory (NEI) and
augment it with available site-specific
data to assess the draft preliminary
risks for each source category. Each
MACT source category will be assessed
for inhalation risks, including cancer
risk and incidence, population cancer
risk, and non-cancer effects (chronic
and acute). We also plan to evaluate
multipathway risk associated with
those source categories with significant
levels of persistent and
bioaccumulative HAP. We will follow
the Benzene Policy to identify the
source categories as low risk,
acceptable risk, or unacceptable risk.
We then plan to publish the emissions
data and risk results in an ANPRM by
May 2008 and solicit public comments
and corrections, including better source
data. We will then reassess the source
categories based on the updated data.
EPA will then evaluate the
effectiveness and cost of additional risk
reduction options and make
acceptability and ample-margin-of-
safety determinations. We anticipate
that the source categories below will
split in to 2-3 proposal/promulgation
packages. We intend to propose the
first subset of source categories in a
NPRM by Ian 2009, address public
comments, and promulgate the final
action by Ian 2010. Where the need for
additional controls are identified,
standards would be developed that
include technology, work practice, or
performance standards as amendments
to the existing MACT standards.
Portland Cement was removed from
this group due to remand of the
NESHAP and will be put into a later
ANPRM in RTR Phase III.
The 17 MACT source categories and
associated NAICS codes are listed
below.
Pulp and Paper Production, 3221
Chrome Electroplating, 332813
Flexible Polyurethane Foam, 326150
Offsite Waste and Recovery Operations,
526
Secondary Lead Smelters, 331452
Wood Furniture Coatings, 337122
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24
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
Polycarbonates, 325199
Acrylic/Modacrylic Fibers, 325222
Phosphate Fertilizer Production,
325312
Phosphoric Acid Manufacturing,
325312
Primary Lead Smelting, 331419
Publicly Owned Treatment Works,
221320
Ferroalloys Production, 331112
Steel Pickling — HCL Process, 331111
Secondary Aluminum Production,
331314
Wool Fiberglass Manufacturing, 327993
Polyether Polyols Production, 325199
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
11/00/08
07/00/09
10/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5196
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO97
2962. GREENHOUSE GASES UNDER
THE CLEAN AIR ACT
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This notice will solicit public
input as EPA considers the specific
effects of climate change and potential
regulation of greenhouse gas emissions
from stationary and mobile sources
under the Clean Air Act. As EPA has
considered how best to respond to the
Supreme Court's decision in
Massachusetts v. EPA, as well as how
to respond to petitions and comments
received in rulemakings asking EPA to
regulate greenhouse gas emissions from
mobile and stationary sources, it has
become clear that implementing the
Supreme Court's decision could affect
many sources beyond cars and trucks.
In this advance notice, EPA will
present and request comment on the
best available science including specific
and quantifiable effects of greenhouse
gases relevant to making an
endangerment finding and the
implications of this finding with regard
to the regulation of both mobile and
stationary sources. This notice will also
seek comment, relevant data, and
questions about the implications of the
possible regulation of stationary and
mobile sources, particularly covering
the various petitions, lawsuits and
court deadlines before the Agency.
These include the Agency response to
the Massachusetts v. EPA decision,
several mobile source petitions (on-
road, non-road, marine, and aviation),
and several stationary source
rulemakings (petroleum refineries,
Portland cement, and power plant and
industrial boilers). Finally, the notice
will also raise potential issues in the
New Source Review? program, including
greenhouse gas thresholds and whether
permitting authorities might need to
define best available control
technologies.
Timetable:
Action
ANPRM
ANPRM Comment
Period End
NPRM
Date FR Cite
07/30/08 73 FR 44353
11/28/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5265;
EPA publication information: ANPRM
http://edocket.access.gpo.gov/2008/pdf/
E8-16432.pdf; EPA Docket information:
EPA-HQ-OAR-2008-0318
Agency Contact: Jackie Krieger,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-5757
Email: krieger.jackie@epa.gov
Mary Henigin, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1663
Email: henigin.mary@epamail.epa.gov
RIN: 2060-AP12
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2963. • AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
METHYL BROMIDE AND METHYL
IODIDE
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action proposes to revise
EPA's definition of volatile organic
compounds (VOC) for purposes of
preparing State Implementation Plans
(SIPs) to attain the National Ambient
Air Quality Standards (NAAQS) for
ozone under title I of the Clean Air Act
(CAA). This proposed revision would
add methyl bromide and methyl iodide
to the list of compounds excluded from
the definition of VOC on the basis that
these compounds make a negligible
contribution to tropospheric ozone
formation.
Timetable:
Action
Date
FR Cite
NPRM
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5269;
We are receiving assistance from the
Significant New Alternatives Policy
(SNAP) Program and from Regional
Office 4.
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Environment Protection Agency Fall 2008 Regulatory Agenda
25
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. lohnson, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AP22
2964. • NESHAP: GROUP I AND IV
POLYMERS AND RESINS:
AMENDMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action amends the final
MACT rule for Group IV Polymers and
Resins (Subpart JJJ) under National
Emission Standard for Hazardous Air
Pollutants (NESHAP) for thermoplastics
(Group IV Polymers and Resins) by
addressing a petition by Arteva
Specialties for reconsideration
concerning subcategorization and the
control requirements for leaking
equipment. The action will clarify the
categorization of polyethylene
terephthalate (PET) resin using the
continuous terephthalic acid high
viscosity multiple end finisher process
and determine whether the cost
analysis used to regulate leaking
equipment should be based on
individual component types rather than
the aggregated approach used in the
final rule.
Timetable:
Action
Date
FR Cite
NPRM 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5280
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AP25
2965. NESHAP: NATIONAL EMISSION
STANDARD FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS;
PM STANDARDS AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On October 12, 2005, EPA
promulgated national emission
standards for hazardous air pollutants
from new and existing hazardous waste
combustors. Subsequently, the
Administrator received four petitions
for reconsideration of the final rule.
Two petitioners requested that EPA
reconsider the particulate matter
standard for new cement kilns. On
March 23, 2006, EPA published a
Federal Register notice granting the
petitioners' request for reconsideration
on that issue and proposing a revised
particulate matter standard for kiln
combustion emissions. In response to
the proposed rule, two commenters
requested that the Agency adopt an
alternative measurement approach to
show compliance with the particulate
matter standard when a certain cement
plant design is used.
The cement plant design at issue would
use heat from the clinker cooler
exhaust, in addition to kiln combustion
gas that traditionally is used, to dry the
incoming raw material feed to the kiln.
This use of the clinker cooler exhaust
would result in significant energy
savings. Combining the clinker cooler
and the kiln combustion exhausts, each
of which are subject to a different
particulate matter standard (i.e., 40 CFR
part 63, subparts LLL and EEE,
respectively), into a single gas stream
presents a measurement issue that the
Agency did not anticipate when
promulgating the particulate matter
standards. This rulemaking would not
revise either of these particulate matter
standards, but would provide a
methodology to assess compliance with
the particulate matter standards when
a source elects to combine these
exhaust streams.
The Agency is aware of only one new
cement operation that currently
proposes to use this configuration.
However, we anticipate that additional
facilities will use similar designs in the
future because this kiln system design
beneficially uses available hot clinker
cooler exhaust gases that would
otherwise be vented to the atmosphere.
In order to ensure a consistent
approach to regulating similar facilities,
the Agency believes that it is
appropriate to address the compliance
issues raised by this design through a
single rulemaking rather than a series
of separate alternative compliance
demonstration requests.
Timetable:
Action
Date FR Cite
NPRM
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5231
URL For More Information:
http:/www.epa.gov/hwcmact
Agency Contact: Frank Behan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-8476
Email: behan.frank@epamail.epa.gov
lesse Miller, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302P, Washington, DC
20460
Phone: 703 308-1180
Email: miller.jesse@epamail.epa.gov
RIN: 2050-AG43
2966. 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
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26
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
2967. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT:
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Other Significant
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:
Action
Date FR Cite
Notice of Complete
Petition
NPRM
05/26/05 70 FR 30407
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
EPA publication information: Notice of
Complete Petition -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/May/Day-26/al0579.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0085
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C445-01,
RTF, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epa.gov
RIN: 2060-AK84
2968. NESHAP: PORTLAND CEMENT
NOTICE OF RECONSIDERATION
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: Final, Judicial,
December 20, 2007, Litigation stayed
until 12/20/07—date we indicated to
court we would complete the
reconsideration. May request extension
from court.
Abstract: On December 20, 2006, we
published final amendments to the
Portland Cement NESHAP. These
amendments were in response to a
remand by the D.C. Circuit Court of
portions of the final rule published in
1999. At the same time as the final
amendments were published, we also
published a notice of reconsideration of
the final new source limits for mercury
and total hydrocarbons (a surrogate for
non-dioxin organic HAP), and a
reconsideration of the ban on the use
of certain mercury containing fly ash
in both new? and existing kilns. We took
this action because there are still
substantive technical issues and there
was not sufficient opportunity for
public comment on parts of the final
action. In addition to the
reconsiderations published in the
notice, we subsequently agreed to
reconsider the decision not to regulate
HC1, and the existing source standards
for mercury and total hydrocarbons.
We stated in the notice that we would
complete reconsideration by December
20, 2007. However, this date has been
moved back due to the extensive data
gathering and analysis now? involved.
As part of this effort, we are requesting
that four cement facilities that have wet
scrubbers for SO2 control perform inlet
and outlet testing for speciated mercury
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
27
EPA—Clean Air Act (CAA)
Proposed Rule Stage
emissions and submit the test data to
EPA to be used in the reconsideration
for the new source mercury standard.
Due to the impacts of the decision of
the B.C. Circuit Court on the Brick
Manufacturing NESHAP, we also
performed significant additional data
gathering on information on cement
kiln mercury and total hydrocarbon
inputs and emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Tribal
Additional Information: SAN No.
4585.1; Split from RIN 2060-A178.; EPA
Docket information: EPA-HQ-OAR-
2002-0051
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO15
2969.
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATION UNITS-
RESPONSE TO REMAND
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 15, 2008, As per 12/04/2007
modification of Consent Order.
Final, Judicial, September 15, 2009, As
per 12/04/2007 modification of Consent
Order.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
hospital/medical/infectious waste
incineration units (HMIWI). Regulations
for HMIWI were promulgated on
September 15, 1997, and those
standards have been adopted and fully
implemented with all retrofits
completed. However, these regulations
were subsequently remanded by the
Court on March 2, 1999. The
fundamental issue leading to the
remand was the approach and
methodology used by EPA to develop
the HMIWI regulations. In effect, the
Court questioned whether the
regulations developed by EPA reflected
the actual emission performance of the
best controlled similar unit for new
HMIWI and the average of the best
performing 12 percent of units for
existing HMIWI, and remanded the
regulations to EPA for further
explanation of its reasoning in
determining the minimum regulatory
"floors" for new and existing HMIWI.
On February 6, 2007, EPA published
a proposal that responded to the
questions raised in the Court's remand
and also addressed the CAA section
129(a)(5) requirement that EPA review
and, if necessary, revise standards
developed under section 129 every 5
years. Recent Court decisions that
impact the February 2007 proposal, as
well as issues raised in the public
comments regarding that proposal,
necessitate a re-proposal of responses
to the questions raised in the Court's
remand. We note that implementation
of these MACT standards has been
highly effective, reducing emissions of
the nine section 129 pollutants
(particulate matter, carbon monoxide,
dioxins/furans, sulfur dioxide, nitrogen
oxides, hydrogen chloride, lead,
mercury, and cadmium) by more than
95 percent, and has reduced
dioxin/furan and mercury emissions by
more than 99 percent since 1995.
Additionally, the number of operational
units has dropped significantly since
promulgation in 1997 from 2,400 units
to approximately 60 units today.
Timetable:
Action
Date
FR Cite
Original NPRM 02/06/07 72 FR 5510
Supplemental NPRM 12/00/08
Final Action 10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5071;
EPA publication information: Original
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/February/Day-06/al617.htm;
NPRM is a re-proposal of remand
response; EPA Docket information:
EPA-HQ-OAR-2006-0534
URL For More Information:
http: //www. ep a. gov/ttn/atw/12 9/
hmiwi/rihmiwi.html
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO04
2970. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS AND ARCHITECTURAL
AND INDUSTRIAL MAINTENANCE
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 ib
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action consists of
amendments to the consumer products
and the architectural and industrial
maintenance (AIM) coatings Part 59
VOC rules under Clean Air Act Section
183(e). Consistent with Clean Air Act
Advisory Committee recommendations
AQM2.3 and AQM2.4, these rules are
being updated to align them with the
model rules adopted by the Ozone
Transport Commission. This action has
also been requested by the Consumer
Products industry and the Coatings
industry to promote consistency in
requirements nationwide. This action
incorporates requirements that are
already in force in several States. In
addition, this action will subsume SAN
5009, Determining Emissions
Reductions Achieved from Rules
Limiting VOC Content of AIM Coatings.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
-------
28
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4309
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AI62
2971. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. This proposed
action will not impact small businesses,
or State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/09
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-1227
Email: herzog.jeff@epamail.epa.gov
RIN:2060-AJ61
2972. AIR QUALITY INDEX
REPORTING AND SIGNIFICANT HARM
LEVEL FOR PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58.50; 40 CFR
58 app G; 40 CFR 51.150 subpart H
Legal Deadline: None
Abstract: On July 23, 1999, EPA
adopted revisions to the uniform air
quality index used by States for daily
air quality reporting to the general
public in accordance with section 319
of the Clean Air Act (Act). These
changes included the addition of the
following elements: A new category
described as "unhealthy for sensitive
groups"; two new requirements 1) to
report a pollutant-specific sensitive
group statement when the index is
above 100, 2) to use specific colors if
the index is reported in a color format;
new breakpoints for the ozone (O3)
sub-index in terms of 8-hour average
O3 concentrations; a new sub-index for
fine particulate matter (PM2.5); and
conforming changes to the sub-indices
for coarse particulate matter (PM10),
carbon monoxide (CO), and sulfur
dioxide (SO2). In addition, EPA
changed the name of the index from
the Pollutant Standards Index to the
Air Quality Index (AQJ). The revisions
enhance the communication of
pollutant-specific health effects
information to members of sensitive
groups, including precautionary actions
that can be taken by individuals to
reduce exposures of concern. The
revisions also enhance the usefulness
of the AQI with regard to other
programs that provide air quality
information and related health
information to the general public,
including State and local real-time air
quality data mapping and community
action programs.
In 2006, EPA promulgated a revised
national ambient air quality standard
(NAAQS) for PM2.5 levels of 35 ug/m3,
24-hour average. The purpose of this
rulemaking is to make revisions to the
AQI sub-index for PM2.5 to be
consistent with the new daily standard.
It is important to make this revision
expeditiously to allow members of the
public, especially members of sensitive
groups, to take exposure reduction
measures when PM2.5 levels are
forecasted to be high. State and local
air agencies are encouraging EPA to
make the revisions as soon as possible.
EPA has never set a Significant Harm
Level (SHL) for PM2.5. There are SHLs
for sulfur dioxide, ozone, carbon
monoxide, PM10 and nitrogen dioxide.
Designated areas must have
contingency plans in place to prevent
ever reaching this level. There is not
currently an SHL for PM2.5. The SHL
is typically the same concentration as
the 500 level of the AQI. So along with
revising the AQI for PM2.5, we will
also set an SHL for PM2.5.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5115;
EPA Docket information: EPA-HQ-OAR-
2007-0195
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Phil Lorang, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-5463
Email: lorang.phil@epa.gov
RIN: 2060-AOll
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Environment Protection Agency Fall 2008 Regulatory Agenda
29
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2973. PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE U.S.
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This regulation will
streamline the process for importing
used ozone-depleting substances for
destruction into the U.S. This will
further reduce the amount of
substances that could otherwise harm
the stratospheric ozone layer.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/09
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5017;
EPA Docket information: EPA-HQ-OAR-
2006-0130
URL For More Information:
http://www.epa.gov/ozone/
destruction.html
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
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
RIN: 2060-AN48
2974. PROTECTION OF
STRATOSPHERIC OZONE: THE 2009
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 767lc(d)(6)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is authorizing uses that
will qualify for the 2009 critical use
exemption from the phaseout of methyl
bromide. This action also authorizes
the amount of methyl bromide that may
be produced, imported, or supplied
from inventory for those uses in 2009.
EPA takes this action under the
authority of the Clean Air Act to reflect
recent consensus Decisions taken by
the Parties to the Montreal Protocol on
Substances that Deplete the Ozone
Layer at the 19th Meeting of the Parties.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5235;
EPA Docket information: EPA-HQ-OAR-
2008-0009
URL For More Information:
http ://www. epa.gov/ozone/mbr
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Email: arling.jeremy@epamail.epa.gov
Staci Gatica, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9469
Email: gatica.staci@epamail.epa.gov
RIN: 2060-AO78
2975. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Other Significant
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
04/00/09
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4856;
EPA Docket information: EPA-HQ-OAR-
2003-0167
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
RIN: 2060-AM09
2976. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
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30
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Substitutes which
are deemed by EPA to be unacceptable
or acceptable subject to use restrictions
must go through notice and comment
rulemaking. Substitute lists are updated
intermittently depending on the volume
of notifications. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
extinguishing systems, EPA is
proposing to revise 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
04/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4991
URL For More Information:
http ://www. epa.gov/ozone/snap
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@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-AN30
2977. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
THE SALE OR DISTRIBUTION OF
PRE-CHARGED APPLIANCES
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the potential continued imports of
appliances pre-charged with HCFCs
after the domestic phaseout of the
import and production of bulk
substances. Similar concerns resulted
in the banning the imports of
refrigeration appliances pre-charged
with CFCs after the 1996 phaseout of
production and import of bulk
substances. Therefore, this rule
proposes to ban the import of HCFC
pre-charged products under the
provisions within title VI of CAAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5052;
EPA Docket information: EPA-HQ-OAR-
2007-0163
URL For More Information:
http://www.epa.gov/ozone/title6/
phaseout/classtwo.html
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
2978. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION, AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210 to 63.217
Legal Deadline: None
Abstract: This action would amend the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958), and
originally promulgated on luly 10, 2002
(67 FR 45886), but were vacated by the
D.C. Circuit on lune 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
05/00/09
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
EPA Docket information: EPA-HQ-OAR-
2002-0037
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, E143-01,
Research Triangle Park, NC 27711
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Environment Protection Agency Fall 2008 Regulatory Agenda
31
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN33
2979. NSPS: SOCMI—WASTEWATER
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 app J; 40 CFR
63 app C
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units; i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add appendix J to 40
CFR part 60. In conjunction with the
rule development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. The
final rule will encompass the
clarifications and revisions to subpart
YYY, appendix J, and 40 CFR part 63,
appendix C.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM (NSPS) 09/12/94 59 FR 46780
Supplemental NPRM 10/11/95 60 FR 52889
1
Supplemental NPRM 12/09/98 63 FR 67988
2
NPRMAmdmt 06/30/04 69 FR 39383
Supplemental NPRM 11/00/08
3
Final Action 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
EPA publication information:
Supplemental NPRM 2 -
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/December/Day-
09/a28472a.htm; EPA Docket
information: EPA-HQ-OAR-2003-0191
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-1516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
2980. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(b)(5) et
seq
CFR Citation: 40 CFR 63 subpart SS;
40 CFR 63.8; 40 CFR 60 app B; 40 CFR
60 app F
Legal Deadline: None
Abstract: The PS-17 and QA Procedure
4 would apply to continuous parameter
monitoring systems (CPMS) that are
required under an applicable subpart to
parts 60, 61, or 63. Therefore, this
rulemaking would not require the
installation or operation of additional
CPMS. The specific types of CPMS
covered by the proposed PS-17 and QA
Procedure 4 are those that are used to
measure and record temperature,
pressure, liquid flow rate, gas flow rate,
mass flow rate, pH, or conductivity on
a continuous basis. The proposed PS-
17 establishes procedures and other
requirements that will help to ensure
that CPMS are properly selected,
installed, and placed into operation.
The proposed QA Procedure 4 specifies
procedures that will help to ensure that
CPMS provide quality data on an
ongoing basis. The proposed
amendments to QA Procedure 1, of 40
CFR 60, appendix F, add provisions to
address GEMS that are used to monitor
multiple pollutants and are subject to
PS-9 or PS-15. The amendments to 40
CFR 63, subpart A, ensure consistency
among the proposed PS-17, QA
Procedure 4, and the General
Provisions to part 63. The amendments
to section 63.996(c) of 40 CFR 63,
subpart SS, ensure consistency among
PS-17, QA Procedure 4, and the
monitoring requirements of subpart SS.
Timetable:
Action
Date FR Cite
NPRM
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, D243-05, Research
Triangle Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, D243-05,
Research Triangle Park, NC 27711
Phone: 919 541-4116
Email: schell.bob@epamail.epa.gov
RIN: 2060-AJ86
2981. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
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32
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
12/00/09
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 Petroleum Products
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9034
Fax: 202 343-2801
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
2982. NESHAP AND NSPS FOR
MUNICIPAL SOLID WASTE
LANDFILLS—AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of the promulgated rule. We will
correct errors in the compliance dates
for the rule.
Another aspect of this action will
amend the existing regulation entitled
Standards of Performance for New
Stationary Sources: Municipal Solid
Waste Landfills, subpart WWW of 40
CFR part 60, promulgated on March 12,
1996. The amendment is being
undertaken in response to requests to
clarify our intent regarding what
constitutes an adequate landfill gas
treatment system. This action also
clarifies our intent to exempt from
control landfill gas that is
treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
Final Action
09/08/06 71 FR 53272
06/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
08/a7493.htm; NPRM was published
09/08/2006 (71 FR 53272) as RIN 2060-
AJ41.; EPA Docket information: EPA-
HQ-OAR-2003-0215
Agency Contact: Hillary Ward,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3154
Email: ward.hillary@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epa.gov
Related RIN: Previously reported as
2060-AH13, Previously reported as
2060-AJ41
RIN: 2060-AM08
2983. NESHAP: AREA SOURCE
STANDARDS FOR MISCELLANEOUS
CHEMICAL MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2008, One often area
source category standards to be
promulgated by 12/15/2008 as per
3/31/2006 order.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in
pursuant to Clean Air Act section
112(c)(3) for the chemical
manufacturing industry. The rule will
cover the manufacturing of industrial
organic chemicals, inorganic chemicals,
Pharmaceuticals, pesticides, inorganic
pigments, synthetic rubber, and plastic
materials. These source categories were
listed for regulation under the Urban
Air Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
10/06/08 73 FR 58352
11/05/08
01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874
URL For Public Comments:
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
33
EPA—Clean Air Act (CAA)
Proposed Rule Stage
www.regulations.gov/
fdmspublic/component/main?
main=docketdetail&d= epa-hq-oar-2008-
0334
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, E143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AM19
2984. COMBINED RULEMAKING FOR
INDUSTRIAL, COMMERCIAL, AND
INSTITUTIONAL BOILERS, AND
PROCESS HEATERS AT MAJOR
SOURCES OF HAP AND INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AT AREA SOURCES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2007, Number 2 of 10
area source categories to be
promulgated by 12/15/07.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section 112
mandates that EPA develop standards
for hazardous air pollutants (HAP) for
both major and area sources listed
under section 112(c). Industrial boilers,
commercial/institutional boilers, and
process heaters are listed as major
sources of HAP. 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 (HAP) listed in the Integrated
Urban Air Toxics Strategy. These area
source standards can require control
levels which are equivalent to either
maximum achievable control
technology (MACT) or generally
available control technology (GACT).
The Integrated Air Toxics Strategy lists
industrial boilers and
commercial/institutional boilers as area
source categories. Both industrial
boilers and institutional/commercial
boilers are on the list of section
112(c)(6) source categories.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
12/00/09
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Local,
State
Additional Information: SAN No. 4884;
This rulemaking combines the area
source rulemaking for boilers and the
rulemaking for reestablishing the
vacated NESHAP for boilers and
process heaters.; EPA Docket
information: EPA-HQ-OAR-2006-0790
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Email: eddinger.jim@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
2985. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAP) from surface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such State) or the
National Aeronautics and Space
Administration and the surface coating
of military munitions manufactured by
or for the Armed Forces of the United
States (including the Coast Guard and
the National Guard of any such State).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking will
address all surface coating activities at
these installations 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
Final Action
03/00/09
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Email: teal.kim@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM84
2986. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
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34
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
technical issues, including the alleged
failure for EPA to establish emission
standards for mercury and asbestos.
EPA has decided to voluntarily remand
both the mercury and asbestos sections
of the rule. The motions for both
remands were granted by the United
States Court of Appeals.
Timetable:
Action
Date FR Cite
NPRM
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4929
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-1512
Fax: 919 541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM87
2987. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l); 40
CFR 71.6(c)(l); 40 CFR 64
Legal Deadline: None
Abstract: This rule would revise the
Compliance Assurance Monitoring rule
(40 CFR part 64) to be implemented
through the operating permits rule (40
CFR parts 70 and 71) to define when
periodic monitoring for monitoring
stationary source compliance must be
created, and to include specific criteria
that periodic monitoring must meet.
This rule satisfies our 4-step strategy
announced in the final Umbrella
Monitoring Rule (published January 22,
2004) to address monitoring
inadequacies. The four steps were: 1)
To clarify the role of title V permits
in monitoring [Umbrella Monitoring
Rule]; 2) to provide guidance for
improved monitoring in PM-Fine SIP's;
3) to take comment on correction of
inadequate monitoring provisions in
underlying rules; and 4) to provide
guidance on periodic monitoring.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/09
10/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4699.2; Split from RIN 2060-AK29.
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, C304-03, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-4028
Email: westlin.peter@epamail.epa.gov
Robin Langdon, Environmental
Protection Agency, Air and Radiation,
D205-02, Research Triangle Park, NC
27711
Phone: 919 541-1048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
2988. 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. The main issues involve
exemptions to the rule's requirements
for cleanups performed under Resource
Conservation and Recovery Act (RCRA)
or Superfund authorities, and an
exemption for units handling
radioactive mixed waste. We anticipate
that settlement negotiations will result
in certain revisions to the rule's
requirements, possibly removing
exemptions for certain sources thereby
increasing the compliance costs of the
final rule by up to $7.7 million due
to an increase the number or sources
that must comply with the rule.
Action
Date FR Cite
NPRM
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1; Split from RIN 2060-AM30.;
EPA Docket information: EPA-HQ-OAR-
2002-0021
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
2989. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5015
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
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Environment Protection Agency Fall 2008 Regulatory Agenda
35
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN46
2990. NESHAP: AREA SOURCE
STANDARDS—PAINT AND ALLIED
PRODUCTS MANUFACTURING
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial, lime
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
Paint and Allied Products
Manufacturing industry. This source
category was listed for regulation under
EPA's Urban Air Toxics Strategy to
address HAP emissions from area
sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016
Agency Contact: Melissa Payne,
Environmental Protection Agency, Air
and Radiation, C304-05, RTF, NC
27711
Phone: 919 541-3609
Fax: 919 541-0242
Email: payne.melissa@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN47
2991. REVISIONS TO THE DEFINITION
OF POTENTIAL TO EMIT (PTE)
Priority: Other Significant
Legal Authority: 42 USC 7401; 42 USC
7412; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 51 and 52; 40
CFR 63; 40 CFR 70 and 71
Legal Deadline: None
Abstract: This rule would revise the
definition of the term "potential to
emit" (PTE) used in numerous
regulations to determine the
applicability of major source
requirements. The regulatory
amendments will address enforceability
issues raised in court decisions by the
B.C. Circuit regarding the types of
limitations allowed to be used in a
source's PTE calculations. We plan
revisions to the definitions of PTE for
three major source Act programs: (1)
Major New Source Review (NSR)
program, (2) the section 112 program
that regulates Hazardous Air Pollutants
(HAPs), and (3) the title V state
operating permit programs. We also
plan to amend regulations that were not
part of the court cases challenging the
definition of potential to emit (e.g.,
visibility rules and Federal operating
permits program rules) in order to be
consistent with other EPA regulations.
In addition to addressing the issue of
whether PTE limitations have to be
federally enforceable, the revised
definition of PTE would set forth the
specific criteria a limitation must meet
to be effective. Finally, the proposal
would clarify that EPA now uses the
term "federally enforceable" to refer
only to the ability of the Federal
government or citizens to enforce the
requirement in federal courts, and not
to the effectiveness of PTE limits as
well.
Timetable:
Action
Date
FR Cite
NPRM 01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5025
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN65
2992. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 2
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA sec 112(d)(6)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: All milestones are complete
for this action (SAN). This action
includes the ANPRM only. The source
categories listed below were divided
into 3 groups, groups 2A, 2B, and 2C,
for proposal and promulgation. Please
refer to SAN 5093.2 for the group 2A
proposal and promulgation and SAN
5093.3 for the group 2B proposal and
promulgation. SAN 5093.3 has not been
initiated but will contain the group 2C
proposal and promulgation.
Under CAA section 112(d)(6) EPA is
required to review? MACT standards
and revise them "as necessary (taking
into account developments in practices,
processes and control technologies)" no
less frequently than every 8 years. EPA
also must evaluate the MACT standards
within 8 years after promulgation and
promulgate standards under CAA
section 112(f)(2) if required to protect
public health with an ample margin of
safety. EPA will combine the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups to enable us to more
closely meet statutory dates, raise and
resolve programmatic issues in one
action, minimize resources by using
available data and focusing on high risk
sources, and provide consistent review?
and analysis. We will use available data
including emissions from the most
recent 2002 national emission
inventory (NEI) and augment it with
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36
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
available site-specific data. This action
was originally referred to as RTR Phase
II and included 34 MACT standards
and 50 source categories. We reduced
the scope of this action and will now
focus on RTR Phase II Group 2 which
consists of 11 MACT standards
covering 21 source categories with
MACT compliance dates of 2002 and
earlier. We plan to model each MACT
source category to obtain inhalation
risks, including cancer risk and
incidence, population cancer risk, and
non-cancer effects (chronic and acute).
We also plan to evaluate multipathway
risk associated with those source
categories with significant levels of
persistent and bioaccumulative HAP.
We published an ANPRM in March
2007 to solicit public comments and
corrections on emissions data that will
be used to assess risk for these source
categories. Public comments and
corrections were received by EPA for
all source categories during the ANPRM
90 day comment period. The comments
and corrections were compiled by
source category and underwent review
by OAQPS, the Regions, and the States.
We will then remodel the categories
based on the updated dataset (this will
serve as the NPRM dataset). EPA will
then identify risk reduction options,
evaluate the effectiveness and cost of
these risk reduction options and make
acceptability and ample-margin-of-
safety determinations in accordance
with Benzene NESHAP decision
framework. Where the need for
additional controls are identified,
standards would be developed that
include technology, work practice, or
performance standards as amendments
to the existing MACT standards.
The 11 MACT standards, the 21 source
categories, and the associated NAICS
codes are listed below.
Aerospace Manufacturing and Rework
Facilities, 336411
Marine Tank Vessel Loading
Operations, 4883
Mineral Wool Production, 32799
Natural Gas Transmission and Storage,
486210
Oil and Natural Gas Production, 211
Pharmaceuticals Production, 3254
Group I Polymers and Resins, 325212
Epichlorohydrin Elastomers Production
Hypalon™ Production
Nitrile Butadiene Rubber Production
Polybutadiene Rubber Production
Styrene-Butadiene Rubber and Latex
Production,
Group IV Polymers and Resins, 325211
Acrylic-Butadiene-Styrene Production
Methyl Methacrylate-Acrylonitrile-
Butadiene-Styrene Production
Methyl Methacrylate-Butadiene-Styrene
Production
Nitrile Resins Production
Polyethylene Terephthalate Production
Polystyrene Production
Styrene-Acrylonitrile Production
Primary Aluminum Reduction Plants,
331312
Printing and Publishing Industry, 32311
Shipbuilding and Ship Repair
Operations, 36611
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period Extended
ANPRM Comment
Period End
Second ANPRM
Comment Period
End
NPRM
03/29/07 72 FR 14734
05/25/07 72 FR 29287
05/29/07
06/29/07
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5093;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-29/a5805.pdf;
EPA Docket information: EPA-HQ-OAR-
2006-0859
Sectors Affected: 3364 Aerospace
Product and Parts Manufacturing; 3313
Alumina and Aluminum Production
and Processing; 32731 Cement
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
32411 Petroleum Refineries; 331492
Secondary Smelting, Refining, and
Alloying of Nonferrous Metal (except
Copper and Aluminum); 22132 Sewage
Treatment Facilities
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN85
2993. TITLE V RULEMAKING TO
CLARIFY CERTAIN PROVISIONS OF
THE OPERATING PERMIT RULES IN
RESPONSE TO CAAA COMMITTEE
RECOMMENDATIONS READY FOR
PROGRAM OFFICE APPROVAL
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 70 and 71
Legal Deadline: None
Abstract: This action addresses three
potential improvements to the
regulations implementing the Clean Air
Act's title V operating permits program.
These improvements were
recommended to EPA by a Task Force
that recently reviewed the
implementation and performance of the
program. The 18-member Task Force
was formed by the Clean Air Act
Advisory Committee, with
representatives from industry,
environmental groups, and State and
local agencies. The action will focus on
three of the issues that the Task Force
addressed as important, and will take
into account their perspectives on how
best to address them. The
recommendations include: (1)
Clarifying the use of permit
modification processes for
administrative amendments and minor
permit modifications, (2) the treatment
of insignificant emission units (lEUs) in
permits, and (3) alternatives to
newspaper notices for public notice
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5079
Agency Contact: Jennifer Snyder,
Environmental Protection Agency, Air
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
37
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-3003
Fax: 919 541-5509
Email: snyder.jennifer@epamail.epa.gov
luan Santiago, Environmental
Protection Agency, Air and Radiation,
D504-03, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN93
2994. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SHIPBUILDING AND
SHIP REPAIR (SURFACE COATING)
OPERATIONS—AMENDMENT
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
lanuary 2, 2007, Compliance date for
another MACT and this industry would
be subject to if these amendments are
not in place before then.
Abstract: On December 15, 1995, the
EPA issued national emission standards
for hazardous air pollutants (NESHAP)
under section 112 of the Clean Air Act
for shipbuilding and ship repair
(surface coating) operations. The
NESHAP requires existing and new
major sources to control emissions of
hazardous air pollutants to the extent
achievable by the use of maximum
achievable control technology. This
action is intended to more clearly state
the distinction between and the
definition of ship and pleasure craft.
It is being issued in response to
questions concerning whether yachts
greater than 20 meters (78.7 feet) in
length are ships and, therefore subject
to the NESHAP or pleasure craft. This
proposed action will ensure that all
activities such as pleasure vessels
(yachts) intended to be subject to the
NESHAP are in fact subject to it.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
Withdrawal of Direct
Final
Reproposal
Final Action
12/29/06 71 FR 78392
12/29/06 71 FR 78369
02/27/07 72 FR 8630
12/00/08
01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5106;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/December/Day-
29/a22428.htm; EPA Docket
information: EPA-HQ-OAR-2004-0357
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, E-143-03, Research
Triangle Park, NC 27711
Phone: 919 541-2379
Fax: 919 541-3470
Email: serageldin.mohamed@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO03
2995. COMMERCIAL AND INDUSTRIAL
SOLID WASTE INCINERATION UNITS;
RESPONSE TO REMAND OF NEW
SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 62
Legal Deadline: None
Abstract: This action will propose
EPA's response to the remand of the
Commercial and Industrial Solid Waste
Incineration (CISWI) New Source
Performance Standards and Emission
Guidelines under section 129 of the
CAA, and this action will include
revised definitions in accordance with
the recent vacatur of the CISWI
Definitions Rule. This action also will
propose several other amendments to
the standards. We are considering
covering the following types of units
located at commercial or industrial
facilities that currently are not covered
under CISWI: units with waste heat
recovery, units that burn more than 30
percent municipal solid waste at
commercial/industrial facilities, and
cyclonic burn barrels. We also will
clarify provisions regarding air curtain
incinerators, the exemption for
chemical recovery units, the exemption
for spent sulfuric acid production,
startup and shutdown, and the
definition of clean wood waste. Finally,
in response to the voluntary remand of
the CISWI rules, we will examine and
revise as appropriate the methodology
for developing the MACT floors and
emission limits.
Timetable:
Action
Date FR Cite
NPRM
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5105
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
RIN: 2060-AO12
2996. NESHAP: FERROALLOYS
PRODUCTION—AREA SOURCE
STANDARDS
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 2008.
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 33 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists ferroalloys production as
an area source category. Pollutants
emitted include mostly metallic HAP
such as manganese, nickel, chromium
compounds, as well as polycyclic
aromatic hydrocarbons (PAH) such as
benzoanthracene and benzopyrene.
Ferroalloys are alloys of iron in which
one or more chemical elements are
added into molten metal, usually in
steelmaking. Worldwide, the principal
ferroalloys are those of chromium,
manganese, and silicon. Ferroalloys are
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38
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
also made with boron, titanium, cobalt,
columbium, molybdenum, nickel,
vanadium etc. Although calcium
carbide and silicon metal are not
ferroalloys, they are included in the
proposed ferroalloys source category
because each is manufactured using
virtually the same equipment and
processes as ferroalloys. This source
category is currently regulated under
both the new source performance
standards (NSPS) and the national
emissions standards for hazardous air
pollutants (NESHAP) for major sources.
There are ten area source facilities in
the U.S. An informal information
collection request was sent out to the
facilities that use electric arc furnaces
for production in July 2006.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5122
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-1512
Fax: 919 541-3207
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO13
2997. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
FAMILY OF FOUR
HYDROFLUOROPOLYETHERS
(HFPES) AND HFE-347PC-F
Priority: Other Significant
Legal Authority: CAA title I
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude this family of HFPE's and
also HFE-347pc-f from the list of
volatile organic compounds (VOCs) on
the basis that, as a precursor, these
compounds make a negligible
contribution to the formation of
tropospheric ozone. These compounds
have the potential for use as
refrigerants because they are not
stratospheric ozone depleters. This
action will remove the necessity to
control these particular HFPE's and
HFE-347pc-f as VOCs in State
Implementation Plans for attaining the
ozone standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5131
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AO17
2998. RECONSIDERATION OF
STATIONARY COMBUSTION TURBINE
NSPS (SUBPART KKKK)
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is granting
reconsideration on several relatively
minor issues in the recently finalized
stationary combustion turbine NSPS
rule, subpart KKKK. The final rule does
not require NOx continuous emission
monitors (GEMS), but many new
turbines will be required to install
GEMS due to other regulatory
programs. The credible evidence rule
requires that units with GEMS
demonstrate continuous compliance.
Issues under reconsideration include if
EPA should add a detailed
methodology for units with GEMS to
determine and report compliance under
all situations. EPA will also be
proposing to clarify that new and
reconstruction shall be determined by
looking only at the stationary
combustion turbine engine itself.
Any changes that result from the
reconsideration are not anticipated to
result in additional controls being
required or an increase in compliance
costs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5116
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AO23
2999. CONTROL OF EMISSIONS FROM
NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 1042
Legal Deadline: None
Abstract: Emissions from Category 3
marine engines (greater than 30 liters
per cylinder) contribute significantly to
unhealthful levels of ambient
particulate matter and ozone in many
parts of the United States. These
engines are highly mobile and are not
easily controlled at a State or local
level. EPA currently regulates marine
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Environment Protection Agency Fall 2008 Regulatory Agenda
39
EPA—Clean Air Act (CAA)
Proposed Rule Stage
diesel engines on ships flagged in the
United States. This rulemaking will
consider new standards for oxides of
nitrogen and particulate matter.
Technologies under consideration
include aftertreatment devices and the
use of distillate or low sulfur fuel. This
rule will consider whether it is
appropriate to apply these standards to
foreign flagged vessels that use U.S.
ports.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
12/07/07 72 FR 69521
04/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 5129;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
07/a23556.htm; EPA Docket
information: EPA-HQ-OAR-2007-0121
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4050
Email: samulski.michael@epa.gov
Jean—Marie Revelt, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO38
3000. MEASUREMENT OF PM 2.5 AND
PM 10 EMISSIONS BY DILUTION
SAMPLING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This regulation describes the
performance specifications and
procedures for the measurement of
particulate matter with an aerodynamic
size cut of both 10 microns and 2.5
microns using a dilution air technique
to cause the formation of condensable
particulate matter. States which are in
non-attainment to the national ambient
air quality standards may need to test
with this method to determine what
contribution specific sources cause to
the particulate matter burden. The use
of dilution sampling was recommended
by EPA's Science Advisory Board. They
believe that the dilution process
simulates the formation process that
occurs for particles in the ambient air.
A cyclonic separator is used to separate
the particulate matter into size cuts at
10 and 2.5 microns. The sample gas
is then diluted and the condensable
particles are formed and removed by
filtration. These procedures are
somewhat more complicated and costly
but provide lower potential for artifact
formation. Testing will be performed by
the large sources electric utilities,
municipal incinerators, cement
manufacturing, etc., in areas which do
not meet the ambient air standards of
the national ambient air quality
standards.
Timetable:
Action
Date FR Cite
NPRM
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5155
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, Research
Triangle Park, NC 27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO50
3001. AMEND METHODS 201A AND
202 TO IMPROVE MEASUREMENT OF
PM2.5
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: This action adds new
procedures to two methods required in
State Implementation Plans to measure
fine PM or PM 2.5 with condensable
emissions. Method 201a is amended to
add procedures and equipment
specifications for use of 2.5 micron size
cut cyclone which may be used in
conjunction with the current 10 micron
size cut cyclone or alone if only PM2.5
is to be measured.
Method 202 is amended to add
procedures and equipment
specifications to be followed when the
measurement of fine PM which
includes condensable emissions is
required. These amendments improve
the accuracy and precision of current
version of Method 202.
Timetable:
Action
Date FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5147
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AO58
3002. PLYWOOD AND COMPOSITE
WOOD PRODUCTS (PCWP) NESHAP—
AMENDMENTS TO ADDRESS "NO
EMISSION REDUCTION" MACT
FLOORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Court (i.e., the U.S. Court
of Appeals for the District of Columbia
Circuit) ordered EPA to re-evaluate the
MACT floor for certain PCWP process
unit groups. These proposed
amendments will make available for
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40
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
public review? and comment EPA's
evaluation and decisions regarding
PCWP process unit groups that had "no
emission reduction" MACT floors in
the final rule. (See Table 1 to the
preamble of the luly 30, 2004, final rule
(69 FR 45949) for a list that identifies
those process unit groups.)
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/09
02/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5185
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO66
3003. ADOPTION OF INTERNATIONAL
NOX STANDARD FOR AIRCRAFT
ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7571
CFR Citation: 40 CFR 87 (Revision)
Legal Deadline: None
Abstract: This rulemaking would
amend the existing United States
regulations governing the exhaust
emissions from new commercial aircraft
gas turbine engines. This action would
adopt standards equivalent to the NOx
standards of the United Nations
International Civil Aviation
Organization (ICAO), and thereby bring
the United States emission standards
into alignment with the internationally
adopted standards. These NOx
standards were adopted by ICAO in
2005, and the implementation of the
standards is to begin in January 2008.
The proposed rule would establish
consistency between United States and
international requirements. This action
is necessary to ensure that domestic
commercial aircraft meet the current
international standards, and thus, the
public can be assured they are
receiving the air quality benefits of the
international standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/09
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5153
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, 2000 Traverwood Drive,
Ann Arbor, MI 48105
Phone: 734 214-1832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
2000 Traverwood Drive, Ann Arbor, MI
48105
Phone: 734 214-1408
Fax: 734 214-4816
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AO70
3004. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTMENTS TO THE ALLOWANCE
SYSTEM FOR CONTROLLING HCFC
PRODUCTION, IMPORT, AND EXPORT
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671; 42 USC 7671q
CFR Citation: 40 CFR 82 Subpart A
Legal Deadline: None
Abstract: Through this action, EPA
seeks to adjust the allowance system
that controls the U.S. consumption and
production of ozone-depleting
substances (ODSs) known as
hydrochlorofluorocarbons (HCFCs) to
lower the amount of available
allowances. While much less
destructive to stratospheric ozone than
chlorofluorocarbons (CFCs), HCFCs
contribute to ozone depletion and
alternatives are generally available. The
HCFC allowance system is part of
EPA's program to reduce the emissions
of ODSs to protect the stratospheric
ozone layer. Protection of the
stratospheric ozone layer helps reduce
rates of skin cancer and cataracts. The
U.S. is obligated under the Montreal
Protocol on Substances that Deplete the
Ozone Layer to limit HCFC
consumption and production in a
stepwise fashion achieving specific
levels by specific dates. The first major
reduction occurred January 1, 2004.
This rulemaking concerns the next
major milestone, a reduction to 75%
below the production and consumption
baselines beginning January 1, 2010.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/08
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5224;
EPA Docket information: EPA-HQ-OAR-
2008-0496
URL For More Information:
http://www.epa.gov/ozone/title6/
phaseout/classtwo.html
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO76
3005. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2009
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7414; 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule allocates essential
use allowances for the import and
production of Class I stratospheric
ozone depleting substances for 2009.
Essential use allowances enable a
person to obtain newly produced or
imported controlled Class I ozone
depleting substances under the
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
41
EPA—Clean Air Act (CAA)
Proposed Rule Stage
essential use exemption to the
regulatory phaseout of these chemicals,
which became effective on lanuary 1,
1996. Essential uses include the
manufacture of important medical
devices such as asthma inhalers.
Timetable:
Action
NPRM
Final Action
Date
11/00/08
03/00/09
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5234;
EPA Docket information: EPA-HQ-OAR-
2008-0503
URL For More Information:
http://www.epa.gov/ozone/title6/
exemptions/essential.html
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AO77
3006. GREENHOUSE GAS
MANDATORY REPORTING RULE
Regulatory Plan: This entry is Seq. No.
102 in part II of this issue of the
Federal Register.
RIN: 2060-AO79
3007. RENEWABLE FUELS
STANDARD PROGRAM
Regulatory Plan: This entry is Seq. No.
103 in part II of this issue of the
Federal Register.
RIN: 2060-AO81
3008. NSPS FOR EQUIPMENT LEAKS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule amends the new
source performance standards for
equipment leaks in 40 CFR part 60,
subparts VV, VVa, GGG, and GGGa,
which was signed by the Administrator
October 31, 2007, and published
November 16, 2007. We are preparing
the amendments to address concerns
raised in a petition for reconsideration
from the American Chemistry Council
(ACC), American Petroleum Institute
(API), and National Petrochemical
Refiners Association (NPRA). Under
this reconsideration we are amending
4 requirements: (1) The definition of
process unit as it relates to the
allocation of shared storage vessels, (2)
the provisions for allocating shared
storage vessels to process units, (3)
connector monitoring for subpart VVa,
and (4) the capital expenditure
definition in subpart VVa.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5035.1; EPA publication information:
NPRM; Split from RIN 2060-AN71.;
EPA Docket information: EPA-HQ-OAR-
2006-0699
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO90
3009. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 2A
Regulatory Plan: This entry is Seq. No.
104 in part II of this issue of the
Federal Register.
RIN: 2060-AO91
3010. RISK TECHNOLOGY PHASE II
GROUP 2B
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA sec 112(d)(6)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is the Risk and
Technology Review (RTR) Group 2B. It
will address both EPA's obligation
under CAA section 112(f)(2) and
112(d)(6) to conduct a residual risk
review and to conduct a technology
review. We plan to publish an NPRM
in 2009. Where the need for additional
controls are identified, additional
standards will be developed and
proposed. The three MACT standards
that apply to the three RTR Group 2B
source categories and the associated
NAICS codes are listed below. These
source categories were selected due to
schedule deadlines.
Aerospace Manufacturing and Rework
Facilities, 336411
Natural Gas Transmission and Storage,
486210
Oil and Natural Gas Production, 211
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/09
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.3; Split from RIN 2060-AN85.
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
-------
42
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO92
3011. NESHAP: AREA SOURCE
STANDARDS—ALUMINUM, COPPER,
AND OTHER NONFERROUS
FOUNDRIES
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, ludicial, lune
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on July 19, 1999, and
listed various area source categories
emitting at least one of the urban HAPs.
EPA eventually listed a total of 70
source categories that collectively
account for at least 90 percent of the
urban HAPs in urban areas. As such,
EPA is required to subject these source
categories to regulations issued under
section 112(d). Furthermore, EPA has
received a court order requiring that the
Agency complete the 112(k) mandate
by certain dates. Specifically, the court
order requires that EPA issue
regulations affecting these three area
source categories by June 15, 2009. EPA
withdrew SAN 5230 (aluminum
foundries) and merged the rulemaking
regarding the aluminum foundries
source category with the rulemaking
regarding the copper and other
nonferrous foundries source categories,
under SAN 5189. These three foundries
source categories utilize closely similar
processes; therefore, it is appropriate to
address them in one rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5189
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-3223
Fax: 919 541-0242
Email: blais.gary@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO93
3012. NESHAP: AREA SOURCE
STANDARDS—ASPHALT ROOFING
MANUFACTURE
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112(k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 33 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists asphalt roofing production
as an area source category. The
pollutant emitted from this category is
polycyclic aromatic hydrocarbons
(PAH). In asphalt roofing
manufacturing, processed or modified
asphalt (also called modified bitumen)
is applied to a fibrous substrate
(typically made of fiberglass or organic
felt) to produce roofing shingles and
other roofing products. This source
category is currently regulated under
both the new source performance
standards (NSPS) and the national
emissions standards for hazardous air
pollutants (NESHAP) for major sources.
There are approximately ninety area
source facilities in the U.S.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5191
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: Johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO94
3013. IMPLEMENTATION OF THE
8-HOUR OZONE NATIONAL AMBIENT
AIR QUALITY STANDARDS:
REVISIONS FOR SUBPART 1 AREAS
AND 1-HOUR CONTINGENCY
MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action
proposes revisions to the Phase 1 and
Phase 2 rule for implementation of the
8-hour ozone national ambient air
quality standard (NAAQS) to address
partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia
Circuit. The rulemaking would propose
to do the following: (1) Remove the
provision that places some 8-hour
ozone nonattainment areas under title
I, part D, subpart 1 of the CAA; (2)
Remove the exemption from anti-
backsliding for the following three
obligations under the now-revoked 1-
hour ozone NAAQS:
-New source review?;
-CAA section 185 penalty fees for
severe and extreme areas that fail to
attain the 1-hour standard by their
attainment date; and
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
43
EPA—Clean Air Act (CAA)
Proposed Rule Stage
-contingency measures for failure to
attain the 1-hour standard or make
reasonable progress toward attainment.
The proposal also addresses: (1) the
classification system for nonattainment
areas that the implementation rule
originally covered under Clean Air Act
(CAA) title I, part D, subpart 1; and
(2) contingency measures that apply as
anti-backsliding measures under the
now-revoked 1-hour standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/08
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5194
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
David Painter, Environmental
Protection Agency, Air and Radiation,
C504-01, Research Triangle Park, NC
27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epamail.epa.gov
RIN: 2060-AO96
3014. NESHAP: AREA SOURCE
STANDARDS—PREPARED (ANIMAL)
FEEDS MANUFACTURING
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: This rule will regulate
hazardous air pollutants (HAP)
emissions from area sources in the
Prepared Feed Materials industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources. The area
source rule can require control levels
which are equivalent to maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112 of the CAA. The legal basis
for using GACT for area sources is
discussed in the "National Air Toxics
Program: The Integrated Urban
Strategy" (64 FR 38706, July 19, 1999).
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/09
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5201
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0242
Email: king.jan@epamail.epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO98
3015. PREVENTION OF AIR
POLLUTION EMERGENCY EPISODES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA proposes to revise
subpart H of 40 CFR part 51, which
establishes the significant harm levels
(SHL) for sulfur dioxide (SO2),
particulate matter (PM), carbon
monoxide (CO), nitrogen oxide (NO2),
and ozone (O3), as well as the
requirements for that portion of State
Implementation Plan requirements to
address air pollution emergency
episodes. The proposal includes the
following: (1) A new significant harm
level for fine particulate matter
(PM2.5), consistent with the July 18,
1997 revision of the addition of
national ambient air quality standards
(NAAQS) for particulate matter PM2.5;
(2) revisions to the emergency episode
requirements to simplify the emergency
episode classification system for air
quality control regions; (3) distinction
between the "classic" type of mounting
emergency episodes (which are
occurring less and less due to the
improvement of air quality nationwide
over the last 30 years), and the
"catastrophic" emergency episode
caused by a process or pollution
control equipment malfunction at a
single air pollution source; (4) revisions
to address pollutant transport; and (5)
removal of appendix L (an example
State emergency episode regulation)
from the Code of Federal Regulations
in lieu of a more comprehensive
guidance document. Since many areas
today that are subject to the current
emergency episode requirements are
very unlikely to experience these types
of episodes, EPA believes it is
appropriate to update the emergency
episode requirements to address current
realities.
Timetable:
Action
Date FR Cite
NPRM
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5216;
EPA publication information: NPRM-
Date not available
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
Larry Wallace, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 20460
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
RIN: 2060-APOO
3016. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
RULE AMENDMENTS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
-------
44
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: In 2003, EPA issued national
emission standards for hazardous air
pollutants for reinforced plastic
composites production (40 CFR 63,
subpart WWWW). We issued
amendments in 2005. Industry and
states have asked for clarification
regarding implementation of some rule
requirements. This action will provide
the needed clarifications, and will
afford an opportunity to propose and
take public comment before taking final
action on them.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/08
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5232
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AP05
3017. NEW SOURCE PERFORMANCE
STANDARDS FOR GRAIN
ELEVATORS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411; CAA
sec 111; 15 USC 2005
forefront most recently due to the
increase in ethanol production that has
lead to bumper crops of corn being
grown, which has led to a need for
increased grain storage. For these
reasons a review/change of these
definitions is necessary to ensure the
appropriate standards are being applied
consistently throughout the industry.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5233
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP06
3018. RECONSIDERATION OF
HALOGENATED SOLVENT CLEANING
FINAL RESIDUAL RISK RULE
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
CFR Citation: 40 CFR 60.300 (Revision) Legal Deadline: None
Legal Deadline: None
Abstract: The New Source Performance
Standard for Grain Elevators was
promulgated in 1978 with the latest
amendments made in 1984. Since that
time there have been a number of
changes in the technology used for
storing and loading/unloading grain at
elevators. Definitions in the current
regulation do not fit some of the
current technologies being used at
elevators throughout the country. These
definitional issues have come to the
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1992 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart T. On May 3, 2007, EPA
also promulgated amendments to the
NESHAP standards as required by
sections 112(f) and 112(d)(6) of the
Clean Air Act. Petitions have been filed
requesting EPA to reconsider its
emission standards under the May 3,
2007, final rule.
Action
Date FR Cite
NPRM
Final Action
11/00/08
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5236
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP07
3019. • PROTECTION OF
STRATOSPHERIC OZONE: NEW
SUBSTITUTE IN THE MOTOR VEHICLE
AIR CONDITIONING SECTOR UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82, subpart G
Legal Deadline: None
Abstract: In this action, the Agency
will propose a decision on a new
refrigerant substitute for use in new
motor vehicle air-conditioning systems.
The substitute is currently under
review by the Significant New
Alternatives Policy (SNAP) program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/09
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
45
EPA—Clean Air Act (CAA)
Proposed Rule Stage
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5257
URL For More Information:
http://www.epa.gov/ozone/snap/
refrigerants/lists/mvacs.html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-APll
3020. • AMBIENT OZONE
MONITORING REGULATIONS:
REVISIONS TO NETWORK DESIGN
REQUIREMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: Ozone monitoring
requirements were revised in October
2006 during a comprehensive revision
of ambient monitoring requirements
contained in 40 CFR parts 50, 53, and
58. These changes included revised
minimum monitoring requirements for
ozone monitors in urban areas as well
as changes to the length of the required
monitoring season. As stated in the
Ozone National Ambient Air Quality
Standards (NAAQS) final rule
published on March 27, 2008 (73 FR
16436), EPA believes that certain
changes are needed in the ozone
minimum monitoring requirements to
account for the newly revised levels of
the NAAQS (primary and secondary
NAAQS levels for ozone were revised
from an eight-hour level of 0.08 ppm
to an eight-hour level of 0.075 ppm).
In this rulemaking, EPA will propose:
(l) modest changes to minimum
monitoring requirements in urban
areas, (2) minimal monitoring
requirements in rural areas, and (3)
incremental adjustments to the length
of the ozone monitoring season where
indicated by statistical analysis. These
proposed actions have been developed
in response to comments that were
received from some States, national
monitoring associations, and
environmental groups during the Ozone
NAAQS proposal that was published
on July 11, 2007 (72 FR 37818). No
changes will be proposed in ozone
measurement methodology, quality
assurance requirements, or probe siting
requirements. Therefore, the
implementation of any proposed
changes should be routine for affected
monitoring agencies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/09
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5259
Agency Contact: Lewis Weinstock,
Environmental Protection Agency, Air
and Radiation, C304-06, Research
Triangle Park, NC 27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
Tim Hanley, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-1417
Fax: 919 541-1903
Email: hanley.tim@epamail.epa.gov
RIN: 2060-AP15
3021. • NESHAP: GASOLINE
DISTRIBUTION AMENDMENTS—AREA
SOURCE STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On January 10, 2008 (73 FR
1916), EPA issued final national
emission standards for hazardous air
pollutants for gasoline distribution bulk
terminals, bulk plants, pipeline
facilities, and gasoline dispensing
facilities. Subsequently, we received
two petitions from industry to clarify
some applicability and implementation
provisions of the final rule. This action
would propose and promulgate
amendments to address issues raised by
the petitioners and other commenters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
02/00/10
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5260;
EPA Docket information: EPA-HQ-OAR-
2006-0406
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AP16
3022. • REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL FUEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 211
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule would allow
refiners and laboratories to use more
current and improved fuel testing
procedures for certain American
Society for Testing and Materials
(ASTM) analytical test methods. Once
these test method changes are adopted,
they will supersede the corresponding
earlier versions of these test methods
in EPA's motor vehicle fuel regulations.
Finally, the rule would allow an
alternative test method for olefins in
gasoline. This rule would allow
improvements in the test method
procedure to ensure better operation
and provide additional flexibility to the
regulated community. The clean air
benefits of EPA's gasoline and diesel
motor vehicle fuel programs will
continue to be realized. There will be
no adverse health or environmental
impact as a result of these test method
changes or updates.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 11/00/08
Direct Final Action 11 /00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
46
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 5261
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 64061, Washington, DC
20460
Phone: 202 343-9034
Fax: 202 343-2801
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AP17
3023. • RESTRUCTURING OF THE
STATIONARY SOURCE AUDIT
PROGRAM
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60; 40 CFR 63
Legal Deadline: None
Abstract: 40 CFR parts 51, 60, 61, and
63 contain EPA's air toxics emissions
standards (NESHAPS) and emission
standards for new stationary sources
(NSPS). 40 CFR 63.7(c)(2)(ii) requires
an external Quality Assurance (QA)
program that at a minimum includes
an application of plans for a test
method performance audit during the
performance test. 40 CFR part 60
Appendices also contain similar
requirements within individual test
methods. Currently EPA provides these
audit samples; however, this
rulemaking proposes to revise 40 CFR
parts 60 and 63 to allow accredited
audit providers to provide these
samples.
Timetable:
Action
Date FR Cite
NPRM
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5273
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Gary McAlister, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
RIN: 2060-AP23
3024. • IMPLEMENTATION OF 2008
8-HOUR OZONE NAAQS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking action
proposes rules for implementation of
the 2008 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). EPA promulgated that
standard on March 12, 2008, under
section 109 of the Clean Air Act (73
FR 16436, March 27, 2008). The
rulemaking will cover the various
elements of State implementation plans
that States must submit under the
Clean Air Act to implement that
standard. These elements include the
attainment demonstration, reasonable
further progress requirements, and
reasonably available control technology
requirements. The rule will address
how to transition from the 1997 8-hour
ozone standard, and also rules for
classification of nonattainment areas,
although the actual designation of
nonattainment areas will be addressed
in a separate rulemaking action.
Nonattainment new source review? will
be addressed either in this rulemaking
or in a separate rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/09
02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5275;
Region 2
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
Larry Wallace, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 20460
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
RIN: 2060-AP24
3025. • TRANSPORTATION
CONFORMITY PM2.5 AND PM10
AMENDMENTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
March 1, 2009, CAA gives new areas
1 year before conformity applies, from
effective date of designation (3/09).
Rule needed for new areas.
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a state's plan for achieving air
quality standards. These technical
amendments will clarify 1) how certain
highway and transit projects meet
statutory conformity requirements for
particulate matter, to respond to a
December 2007 court ruling, and 2)
how to implement conformity
requirements in light of the revocation
of the October 17, 2006, revisions to
the PM10 and 24-hour PM2.5
standards. EPA will likely designate
areas for the 2006 PM2.5 standard by
December 2008, effective March 2009.
The statute requires that conformity
apply 1 year after the effective date of
designations; i.e., March 2010.
Timetable:
Action
Date FR Cite
NPRM 01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5286
Agency Contact: Laura Berry,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-4858
Email: berry.laura@epamail.epa.gov
Patty Klavon, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-4476
Email: klavon.patty@epamail.epa.gov
RIN: 2060-AP29
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
47
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3026. • IMPLEMENTING THE 8-HOUR
OZONE NATIONAL AMBIENT AIR
QUALITY STANDARD: NSR
ANTI-BACKSLIDING
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action will
provide an NSR and section 185
penalty fee component to a soon-to-be-
proposed rule for implementation of
the 8-hour ozone national ambient air
quality standard (NAAQS) to address a
partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia
Circuit. The action will address anti-
backsliding aspects of the court
decision as they apply to
nonattainment areas that the
implementation rule originally covered
under Clean Air Act (CAA) title I, part
D, subpart 1. The court decision
specified reinstatement of NSR
requirements and section 185 penalty
fee requirements from the revoked 1-
hour NAAQS, but left unanswered the
conditions under which those
requirements were to be applied. This
action will answer questions left open
by the court.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
5194.2; Split from RIN 2060-AO96.
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C504-01, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
Research Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP30
3027. • NATIONAL VOLATILE
ORGANIC COMPOUND EMISSION
STANDARDS FOR AEROSOL
COATINGS; AMENDMENTS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
September 17, 2008, 9/17/08 deadline
required for regulated entities to submit
initial reports 90 days before 1/1/09
compliance date in final rule.
Abstract: Under this rule, regulated
entities are allowed to petition the
Agency to add compounds to the
Tables of Reactivity Factors (Tables 2A,
2B, and 2C). This is a new action in
response to the petitions the Agency
received since promulgation. Three
petitions were received from regulated
entities. This action will add
compounds to Table 2 and make minor
corrections.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
11/00/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5297;
OPEI, OGC, OECA
Agency Contact: Kaye Whitfield,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919-541-2509
Fax:919-541-3470
Email: whitfield.kaye@epamail.epa.gov
Bruce Moore, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
RIN: 2060-AP33
3028. • NSPS EQUIPMENT LEAKS
(SUBPART W SOCMI AND GGG
PETROLEUM REFINERIES);
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule amends the new
source performance standards for
equipment leaks in 40 CFR part 60,
subparts VV, VVa, GGG, and GGGa
which was signed by the Administrator
October 31, 2007, and published
November 16, 2007. We are preparing
the amendments to address concerns
raised in a petition for reconsideration
from the American Chemistry Council
(ACC), American Petroleum Institute
(API), and National Petrochemical
Refiners Association (NPRA). Under
this reconsideration we are amending
4 requirements: (1) the definition of
process unit as it relates to the
allocation of shared storage vessels, (2)
the provisions for allocating shared
storage vessels to process units, (3)
connector monitoring for subpart VVa,
and (4) the capital expenditure
definition in subpart VVa.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5035.2; EPA publication information:
NPRM; Split from RIN 2060-AO90.
Split from RIN 2060-AN71.; EPA
Docket information: EPA-HQ-OAR-
2006-0699
Agency Contact: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-4607
Fax: 919 541-0246
Email: howard.jodi@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AP34
-------
48
Environment Protection Agency Fall 2008 Regulatory Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3029. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: CAA 301 (d)
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA is finalizing Federal
Implementation Plans to regulate
emissions from the Navajo Generating
Station and the Four Corners Power
Plant. The plants were previously
complying with emissions limits in the
Arizona and New Mexico State
Implementation Plans. However, EPA's
promulgation of the Tribal Authority
Rule clarified that State air quality
regulations generally could not be
extended to facilities located on the
reservation. These FIPs establish
federally enforceable emissions
limitations for sulfur dioxide, nitrogen
oxides, total particulate matter, and
opacity, and a requirement for control
measures for dust.
Timetable:
Action
Date FR Cite
NPRM
Notice
NPRM 2
Final Action
09/08/99 64 FR 48725
01/26/00 65 FR 4244
09/12/06 71 FR 53639
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
EPA publication information: NPRM 2
- frwebgate4.access.gpo.gov/cgi-bin/
waisgate.cgi?WAISdocID=
62332828065+1+0+0&
WAISaction=retrieve; Formerly listed as
RIN 2060-AI79; EPA Docket
information: epa-r09-oar-2006-0185
Agency Contact: Rebecca Rosen,
Environmental Protection Agency,
Regional Office San Francisco, AIR2,
Washington, DC 20460
Phone: 415 947-4152
Fax: 415 947-3579
Email: rosen.rebecca@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax: 520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3030. PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: EMISSION INCREASES FOR
ELECTRIC GENERATING UNITS
Regulatory Plan: This entry is Seq. No.
106 in part II of this issue of the
Federal Register.
RIN: 2060-AN28
3031. REVISIONS TO THE GENERAL
CONFORMITY REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/08/08 73 FR 1402
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4070;
EPA publication information: NPRM -
http://frwebgate6.access.gpo.gov/ cgi-
bin/waisgate.cgi?WAISdocID
=620448219337+0+0+0&WAISaction=
retrieve; EPA Docket information: EPA-
HQ-OAR-2006-0669
Agency Contact: Tom Coda,
Environmental Protection Agency, Air
and Radiation, C539-02, Washington,
DC 20460
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
RIN: 2060-AH93
3032. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408 and
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, ludicial, May
1, 2008, As per May 14, 2005, order.
Final, Judicial, October 15, 2008, As
per July 1, 2008, order.
Abstract: On October 5, 1978, the EPA
promulgated primary and secondary
National Ambient Air Quality
Standards (NAAQS) for lead under
section 109 of the Clean Air Act (43
FR 46258). Both primary (health-based)
and secondary (welfare) standards were
set at a level of 1.5 |J.g/m3 as a quarterly
average (maximum arithmetic mean
averaged over a calendar quarter).
Subsequent to this initial standard-
setting, the Clean Air Act requires that
the standard be reviewed periodically.
The last such review? occurred during
the period 1986 to 1990. For that
review, an Air Quality Criteria
Document (AQCD) was completed in
1986 with a supplement in 1990. Based
on information contained in the AQCD,
an EPA Staff Paper and Exposure
Assessment were prepared. Following
the completion of these documents, the
Agency did not propose any revisions
to the 1978 Pb NAAQS. The current
review of the Pb air-quality criteria was
initiated in November 2004 by EPA's
National Center for Environmental
Assessment (NCEA) with a general call
for information published in the
Federal Register. In January 2005,
NCEA released a work plan for the
review? and revision of the Pb AQCD.
Workshops were held to provide author
feedback on a developing draft of the
AQCD in August 2005. The final AQCD
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
49
EPA—Clean Air Act (CAA)
Final Rule Stage
was released October 1, 2006. The EPA
Office of Air Quality Planning and
Standards prepared a draft Staff Paper
for the Administrator, which included
an initial evaluation of the key studies
and scientific information contained in
the AQCD and additional preliminary
technical analyses. Drafts of the AQCD
and the draft Staff Paper were reviewed
by the Clean Air Scientific Advisory
Committee (CASAC) and the public. A
final Staff Paper was completed on
November 1, 2007. An ANPRM was
published in December 2007 outlining
the results of the final risk assessment
and giving consideration to the policy
assessment. The Administrator's
proposal to revise the lead NAAQS was
published on May 20, 2008, with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Timetable:
Action
Date
FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
NPRM Comment
Period End
Final Action
12/17/07 72 FR 71488
01/16/08
05/20/08 73 FR 29184
07/21/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5059;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/May/Day-20/al0808a.pdf;
EPA Docket information: EPA-HQ-OAR-
2006-0735
Agency Contact: Deirdre Murphy,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-0729
Fax: 919 541-0237
Email: murphy.deirdre@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
3033. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Other Significant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 49
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review? (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
stationary sources throughout Indian
Country and major stationary sources
of air pollution in nonattainment areas
in Indian country. The proposed
Federal NSR rules would require
sources in Indian country, with certain
exceptions, to obtain a permit prior to
construction if they are: (1) new minor
sources, (2) existing minor sources
undergoing modification, (3) new major
sources in nonattainment areas in
Indian country, (4) existing major
sources in nonattainment areas in
Indian country undergoing minor
modification, or (5) existing major
sources in nonattainment areas in
Indian Country undergoing major
modification. The proposed rule would
also allow new or existing stationary
sources of regulated NSR pollutants
and HAPs to accept enforceable limits
on their production capacity or hours
of operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permits
program. Pursuant to the Tribal Air
Rule, eligible Indian Tribes may receive
EPA authorization to develop and
implement such programs, but these
permitting programs would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization to manage such programs.
These rules would not impose any
mandates on Tribal governments to
implement NSR permitting programs.
Tribal governments may be affected,
however, insofar as they own or operate
sources that must obtain a permit from
the EPA under the final Federal
permitting program regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/21/06 71 FR 48696
08/00/09
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
EPA publication information: NPRM -
www.epa.gov/fedrgstr/ EPA-
AIR/2006/August/Day-21/a6926.htm;
EPA Docket information: EPA-HQ-OAR-
2003-0076
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
Research Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AH37
3034. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: This rulemaking adds a
procedure 3 to appendix F of 40 CFR
part 60. This action provides quality
assurance specifications for continuous
opacity monitor system (COMS)
installed for compliance. States may
cite this procedure for sources with
installed COMS subject to compliance
limitations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/28/01 66 FR 12780
02/00/09
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, Research
Triangle Park, NC 27711
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50
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH23
3035. PERFORMANCE
SPECIFICATION 16—SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being promulgated to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. Performance
Specification 16 was proposed on
August 8, 2005. The comments received
from the public have been considered
and the performance specification has
been edited to reflect those comments
that warrant revision. Performance
Specification 16 will primarily apply to
facilities whose emissions can be
predicted from process parameters such
as combustion processes (including gas
turbines and internal combustion
engines).
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
Final Action
08/08/05 70 FR 45608
11/01/05 70 FR 65873
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119;
EPA publication information: NPRM -
www.epa.gov/fedrgstr/ EPA-
AIR/2005/August/Day-087al5330.htm;
This rule was mistakenly listed as
Completed in the Spring 2006
Regulatory Agenda under RIN 2060-
AH84.; EPA Docket information: EPA-
HQ-OAR-2003-0074
Sectors Affected: 331111 Iron and
Steel Mills; 336112 Light Truck and
Utility Vehicle Manufacturing; 32411
Petroleum Refineries; 33241 Power
Boiler and Heat Exchanger
Manufacturing; 32211 Pulp Mills;
562213 Solid Waste Combustors and
Incinerators; 333611 Turbine and
Turbine Generator Set Unit
Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AO74
3036. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17 and 63.18
Legal Deadline: None
Abstract: We are amending the Part 63
General Provisions to allow facilities
that are subject to a maximum
achievable control technology (MACT)
to discontinue unnecessary
requirements if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to or better than the MACT
level of control. The amendments
would also allow a source to avoid
MACT by completely eliminating HAP
emissions. We are promulgating these
amendments to encourage and promote
pollution prevention, which is our
strategy of first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4719;
EPA publication information: NPRM -
www. epa.gov/fedrgstr/EP A- AIR/
2003/May/Day-15/al2180.htm; EPA
Docket information: EPA-HQ-OAR-
2002-0044
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epamail.epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D220C,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AK54
3037. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least forty 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
51
EPA—Clean Air Act (CAA)
Final Rule Stage
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
NPRM
Direct Final Action
Withdrawal of DFRM
Final Action
04/11/06 71 FR 18259
04/11/06 71 FR18219
06/07/06 71 FR 32840
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4900;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/April/Day-ll/a3462.htm; EPA
Docket information: EPA-HQ-OAR-
2005-0131
URL For More Information:
www. epa.gov/ ozone/
title6/608/halons/index.html
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
RIN: 2060-AM46
3038. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-propylbromide (nPB) is an acceptable
substitute for Class I and Class II ozone
depleting substances used in aerosol
solvent and adhesives end uses. This
could provide another alternative to
solvents with higher ozone depletion
potential that industry is interested in
using. Provisions in this rule could
include specific conditions on the use
of nPB as a solvent, such as limiting
the specific applications in which it
may be used to those with low
emissions and requiring exposure limits
consistent with industry practices. Any
conditions would be for the purpose of
ensuring that nPB is used in a manner
that is safe and environmentally
protective. OSHA does not currently
regulate nPB. If EPA establishes any
use conditions in a final rule, we
would revise our ruling to adopt
whatever OSHA requires if OSHA later
regulates the use of nPB.
Timetable:
Action
Date FR Cite
NPRM1
NPRM Correction
NPRM 2—Adhesives
Final Action
06/03/03 68 FR 33283
10/02/03 68 FR 56809
05/30/07 72 FR 30168
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
EPA publication information: NPRMl -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/lune/Day-03/al3254.htm;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.;
EPA Docket information: EPA-HQ-OAR-
2002-0064
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
URL For More Information:
http://www.epa.gov/ozone/snap/
index.html
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Monica Shimamura, Environmental
Protection Agency, Air and Radiation,
62051, Washington, DC 20460
Phone: 202 343-9337
Email:
shimamura.monica@epamail.epa.gov
RIN: 2060-AK26
3039. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS-
PORTLAND CEMENT
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill
CFR Citation: 40 CFR 60, subpart F
Legal Deadline: NPRM, Judicial, May
31, 2008, Court ordered deadline.
Final, Judicial, May 31, 2009, Court
ordered deadline.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants from new stationary sources.
The Portland Cement NSPS were
originally promulgated in 1971 and last
reviewed in 1988. Section 111 of the
Clean Air Act requires that NSPS be
reviewed every 8 years, and revised as
appropriate, so the review is overdue.
The Sierra Club filed a lawsuit to
compel us to perform this review?. We
have agreed to review the NSPS and
propose any appropriate changes by
May 31, 2008, and to promulgate the
final changes by May 31, 2009.
Timetable:
Action
Date
FR Cite
06/16/08 73 FR 34072
08/15/08
NPRM
NPRM Comment
Period End
Extension of Comment 09/30/08
Period
Final Action 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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52
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 5143;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/lune/Day-16/al2619.pdf; EPA
Docket information: EPA—HQ—OAR—
2007— 0877
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO42
3040. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Info./Admin./Other
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.8l(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 08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
John Hannon, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5563
Email: hannon.john@epamail.epa.gov
RIN: 2060-AK56
3041. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-1287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3042. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): DEBOTTLENECKING,
AGGREGATION, AND PROJECT
NETTING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165 and
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This project will revise rules
governing the major new source review
(NSR) programs mandated by parts C
and D of title I of the Clean Air Act
(CAA). The new regulations will clarify
and codify our policy of when multiple
activities at a single major stationary
source must be considered together for
the purposes of determining major NSR
applicability ("aggregation"). Also, we
are changing the way emissions from
permitted emissions units upstream or
downstream from those undergoing a
physical change or change in the
method of operation are considered
when determining if a proposed project
will result in a significant emissions
increase ("debottlenecking"). Finally,
we are clarifying how emissions
decreases from a project may be
included in the calculation to
determine if a significant emissions
increase will result from a project
("project netting"). When final, these
rules will improve implementation of
the program by articulating and
codifying principles for determining
major NSR applicability that we
currently address through guidance
only. These rule changes reflect the
EPA's consideration of the EPA's 2002
Report to the President and its
associated recommendations as well as
discussions with various stakeholders
including representatives of
environmental groups, State and local
governments, and industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/14/06 71 FR 54235
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4793;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
14/al5248.htm; EPA Docket
information: EPA-HQ-OAR-2003-0064
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C504-01, Research
Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
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Environment Protection Agency Fall 2008 Regulatory Agenda
53
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: rao.raj@epamail.epa.gov
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-1039
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AL75
3043. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 LBS AND IN-USE,
NOT-TO-EXCEED EMISSION
STANDARD TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is establishing On-Board
Diagnostic (OBD) requirements for
Heavy-Duty On-Highway and Non-Road
vehicles and engines greater than
14,000 pounds gross vehicle weight.
This action will also require
manufacturers of these vehicles and
engines to make available emissions-
related service information to after
market service providers. OBD systems
are intended to monitor the
performance of emission controls on
these vehicles and engines to ensure
proper functionality and compliance
with emissions standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/24/07 72 FR 3200
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/January/Day-24/allOa.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0047
URL For More Information:
http://www.epa.gov/fedrgstr/epa-
air/2007/january/day-24/allOa.htm
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
and Radiation, AALDOC, Ann Arbor,
MI 48105
Phone: 734 214-1405
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAPTIG, Ann Arbor, MI 48105
Phone: 734 214-1288
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
3044. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Other Significant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 and 61; 40
CFR 63; 40 CFR 65
Legal Deadline: Other, Statutory,
March 31, 2007, Thompson Report
commitment date for proposal and
3/2007 for promulgation.
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP)under the Clean Air
Act. These regulations are codified at
40 CFR parts 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
NPRM, Extension
Comment Period
Final Action
04/06/06 71 FR 17401
06/07/06 71 FR 32885
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/April/Day-06/a5005.htm
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, E143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AL98
3045. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, One often area source
category standards to be promulgated
by 06/15/2008 as per 03/31/2006 order.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. The Integrated Urban Air
Toxics Strategy lists plating and
polishing as an area source category.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
03/14/08 73 FR 141 25
04/1 4/08
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4886;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2008/March/Day-14/a4974.pdf
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
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54
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM37
3046. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
Legal Authority: CAA title V, parts C
andD
CFR Citation: 40 CFR 70; 40 CFR 51
and 52
Legal Deadline: None
Abstract: This package revises our
regulations governing State and Federal
operating permit programs required by
title V of the Act and the NSR programs
required by parts C and D of title I
of the Act. These final actions are
based, in large part, on the lessons
learned through EPA's pilot experience
in which EPA worked closely with
States and sources to develop flexible
air permitting approaches that provide
greater operational flexibility and, at
the same time, ensure environmental
protection and compliance with
applicable laws. In our pilot permits,
increased flexibility is primarily
achieved through advance approvals
under NSR and alternative operating
scenarios (AOSs). The revisions clarify
how this can often be done in the
existing regulatory framework of the
operating permit programs. The
revisions also add major NSR
requirements for Green Groups, which
allow future changes to occur within
a group of emissions activities,
provided that they are to meet "best
available control technology" (BACT)
or "lowest achievable emission rate"
(LAER) and control requirements, as
applicable and are determined to
comply with all relevant ambient
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/12/07 72 FR 52206
12/00/08
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
12/al 7418.htm; EPA Docket
information: EPA-HQ-OAR-2004-0087
Agency Contact: Mike Trutna,
Environmental Protection Agency, Air
and Radiation, C304-03, Washington,
DC 20460
Phone: 919 541-5345
Fax: 919 541-4028
Email: trutna.mike@epa.gov
RIN: 2060-AM45
3047. NESHAP: GENERAL
PROVISIONS (ONCE IN ALWAYS IN)—
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: The proposed amendments
would revise and codify EPA's policy
on when a major source can become
an area source, and thus become not
subject to national emission standards
for hazardous air pollutants (NESHAP)
for major sources. EPA is reconsidering
the policy, established in a May 16,
1995, memorandum, which allows
sources to attain area source status
prior to the source's first substantive
compliance date of an applicable
NESHAP for major sources. No source
would be subject to the requirements
unless they voluntarily decided to
implement them.
Timetable:
Action
Date FR Cite
NPRM
NPRM; Extension of
Comment Period
Final Action
01/03/07 72FR69
03/05/07 72 FR 9718
05/00/09
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/January/Day-03/a22283.htm;
EPA Docket information: EPA-HQ-
OAQ-2004-0094
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epamail.epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D220C,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AM75
3048. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Other Significant
Legal Authority: CAA title I
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
dba Newmont Mining Corporation
("Newmont") that stated that the
December 31, 2002 (67 FR 80185), final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
will finalize their reconsideration of
this issue arising from our final rules
of December 31, 2002.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/13/07 72 FR 63850
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4940;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/ 200 7/November/D ay-
13/a22131.htm; EPA Docket
information: EPA-HQ-OAR-2004-0014
Agency Contact: Joseph Mangino,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-9778
Fax: 919 541-4028
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Environment Protection Agency Fall 2008 Regulatory Agenda
55
EPA—Clean Air Act (CAA)
Final Rule Stage
Email:
mangino.joseph@epamail.epa.gov
luan Santiago, Environmental
Protection Agency, Air and Radiation,
D504-03, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AM91
3049. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES, EMISSION
GUIDELINES FOR EXISTING
SOURCES, AND FEDERAL PLAN:
SMALL MUNICIPAL WASTE
COMBUSTORS: AMENDMENTS
Priority: Other Significant
Legal Authority: CAA Section 111;
CAA Section 129
CFR Citation: 40 CFR 60 subpart
AAAA; 40 CFR 60 subpart BBBB; 40
CFR 62 subpart JJJ
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.
Timetable:
Action
Date
FR Cite
Direct Final Action
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4970;
EPA Docket information: EPA-HQ-OAR-
2005-0514
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
RIN: 2060-AN17
3050. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51 subpart A
Legal Deadline: None
Abstract: This action will update,
consolidate, and harmonize air
emission reporting requirements from
the Consolidated Emissions Reporting
Rule (CERR) and the NOx SIP Call. The
purpose of this action is to resolve
differences in the reporting
requirements in each of these
regulations so that the regulated
community will have a single location
in the Code of Federal Regulations that
details air emission reporting
requirements. For example, the CERR
and the NOx SIP Call use similar but
not identical terminology to describe
what data must be reported to EPA.
The final rule will resolve these
differences.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/03/06 71 FR69
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4951;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2006/lanuary/Day-03/a24614.pdf;
EPA Docket information: EPA-HQ-OAR-
2004-0489
Agency Contact: Dennis Beauregard,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27709
Phone: 919 541-5512
Fax: 919 541-0684
Email: beauregard.dennis@epa.gov
Doug Solomon, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27709
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
3051. REQUIREMENTS FOR
REFORMULATED GASOLINE (RFC)
UNDER THE 8-HOUR OZONE
STANDARD FOR BUMP-UP AREAS
DESIGNATED ATTAINMENT FOR THE
1-HOUR OZONE STANDARD PRIOR
TO REVOCATION
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Reformulated Gasoline (RFC)
is gasoline blended to reduce emissions
that cause ozone smog. The Clean Air
Act (CAA) requires certain areas to use
RFG, depending on how serious is the
ozone problem—i.e., how far it is from
attaining the National Ambient Air
Quality Standards (NAAQS) for ozone.
In some cases, areas that previously
had a less-serious ozone problem
subsequently experience worse air
quality, and in such cases the Clean
Air Act requires them to be "bumped
up" to a higher category, thereby
requiring RFG use. One complication is
that the Agency is now implementing
the transition from the previous ozone
standard, based on the amount of
pollution measured over a 1-hour
period, to the new ozone standard,
based on an 8-hour period. This rule
would set regulations for such cases.
EPA is inviting comment on two
options for such cases. Under the first
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56
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
option, an area would be required to
use RFC 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-hr
NAAQS. EPA would interpret the Act
as requiring continued use of RFC 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-hr NAAQS. Under
the second option, EPA would interpret
CAA section 211(k)(10)(D) such that an
area would no longer be considered an
RFG area after redesignation to
attainment for the 1-hour NAAQS, if
the State requests removal of RFG and
demonstrates that removal would not
result in loss of emission reductions
relied upon in the State attainment
plan. This option would allow for
removal of the RFG program for
proposal areas during transition to the
8-hour NAAQS, unlike the approach
adopted for other bump-up areas. This
option would implement an
antibacksliding approach with a trigger
date (date of revocation of the 1-hour
NAAQS) that is different from that
otherwise used. EPA recently
redesignated Atlanta to attainment of
the 1-hour NAAQS, prior to revocation
of the 1-hour NAAQS. Thus, Atlanta
is the only bump-up area that would
fall within the scope of this proposal.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/23/06 71 FR 36042
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/lune/Day-23/a5620.htm; EPA
Docket information: EPA-HQ-OAR-
2006-0318
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, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-1820
Email: cook.leila@epa.gov
RIN: 2060-AN63
3052. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
SAFETEA-LU HOV FACILITIES RULE
Priority: Other Significant
Legal Authority: 23 USC 1121
CFR Citation: 40 CFR 86
Legal Deadline: NPRM, Judicial, March
2, 2008.
Abstract: It is the sense of Congress
to encourage the purchase and use of
hybrid and other fuel efficient vehicles,
which have been proven to minimize
air emissions and decrease
consumption of fossil fuels. This
regulation establishes the criteria for
certifying a vehicle as low emitting and
energy-efficient. State HOV programs
will reference this regulation in their
request to Federal Highway
Administration for exceptions to the
two-person minimum occupancy HOV
requirement. These regulations are
optional for states to implement and
will sunset in 2009.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/24/07 72 FR 29102
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/May/Day-24/a9821.htm; EPA
Docket information: EPA-HQ-OAR-
2005-0173
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4873
Email: manners.mary@epamail.epa.gov
Tandi Bagian, Environmental Protection
Agency, Air and Radiation, AAIO, Ann
Arbor, MI 48105
Phone: 734 214-1901
Email: bagian.tandi@epamail.epa.gov
RIN: 2060-AN68
3053. PETROLEUM REFINERIES-
NEW SOURCE PERFORMANCE
STANDARDS (NSPS)—SUBPART J
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, April
30, 2007, As per 7/2005 Consent
Decree.
Final, Judicial, April 28, 2008, As per
7/2005 Consent Decree.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act requires EPA to review?
new source performance standards at
least every 8 years. Under this project,
we will review and , if appropriate,
revise the new source performance
standards for petroleum refineries
(subpart J in part 60). We will
determine if actual emission reductions
currently being achieved due to other
programs are greater than the
requirements in the current NSPS
standards, and whether the current
standards should be revised.
Timetable:
Action
Date FR Cite
05/14/07 72 FR 27178
06/28/07 72 FR 35375
06/24/08 73 FR 35838
12/00/08
NPRM
Extension of Public
Comment Period
Final Action
Response to
Reconsideration -
Final
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5036;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2007/May/Day-14/a8547.htm; EPA
Docket information: EPA-HQ-OAR-
2007-0011
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN72
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Environment Protection Agency Fall 2008 Regulatory Agenda
57
EPA—Clean Air Act (CAA)
Final Rule Stage
3054. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF COMPOUNDS
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 51.100
Legal Deadline: None
Abstract: EPA is adding two
compounds (propylene carbonate and
dimethyl carbonate) to the list of
negligible reactive compounds in EPA's
regulatory definition of VOC. Granting
VOC exemption status to these
compounds will remove a regulatory
burden from industries that want to use
these compounds and states will be
relieved of the burden of controlling
these compounds without adversely
affecting air quality.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/01/07 72 FR 55717
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5045;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/October/Day-01/al9324.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0948
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Email: keating.terry@epa.gov
RIN: 2060-AN75
3055. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS-
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule was promulgated in
2003 in 40 CFR part 63, subpart V
(NESHAP), to require MACT for both
major and area sources. The pollutant
of concern is elemental mercury. At the
time of the rule, 12 plants existed in
the U.S. In 2003, NRDC submitted a
petition for reconsideration requesting
EPA to more accurately quantify the
fugitive emissions of mercury from this
industry and to set numerical
standards, among other items. EPA
granted NRDC's petition for
reconsideration and, in response to
NRDC's concerns, initiated a testing
and monitoring study to evaluate and
better characterize fugitive emissions
from mercury cell chlor-alkali plants.
The results of this study will improve
EPA's ability to predict mercury
emissions from chlor-alkali plants and
to evaluate the next steps in the
reconsideration. Currently, there are
only 8 plants operating in the US, with
three plants expecting to close or
convert by 2008. The Chlorine Industry,
in its 2005 report to the Great Lakes
Bi-National Toxic Strategy, reported
that only 3 tons of mercury were
unaccounted in 2005, significantly
lower than the 65 tons reported as
unaccounted in the preamble to the
MACT rule in 2003.
Timetable:
Email: fruh.steve@epa.gov
RIN: 2060-AN99
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
06/11/08 73 FR 33258
08/11/08
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5095;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/June/Day-ll/al2618.pdf; EPA
Docket information: EPA—HQ— OAR—
2002—0017
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
3056. PREVENTION OF SIGNIFICANT
DETERIORATION: REFINEMENT TO
INCREMENT MODELING
PROCEDURES
Priority: Other Significant
Legal Authority: Clean Air Act Title I,
PartC
CFR Citation: 40 CFR Part 51
Legal Deadline: None
Abstract: Part C of Title I of the Clean
Air Act (CAA) contains the
requirements for a component of the
major New Source Review? (NSR)
program known as the Prevention of
Significant Deterioration (PSD)
program. This program sets forth
procedures for the preconstruction
review? and permitting of new? and
modified major stationary sources of air
pollution locating in areas meeting the
National Ambient Air Quality
Standards (NAAQS), i.e., "attainment"
areas, or in areas for which there is
insufficient information to classify an
area as either attainment or
nonattainment, i.e., "unclassifiable"
areas. The applicability of the PSD
program to a particular source must be
determined in advance of construction
and is pollutant-specific.
The PSD program also established
increments, which are maximum
increases in ambient air concentrations
allowed in a PSD area over a baseline
concentration. These increments follow
the three-tiered area classification
system established by Congress in
Section 163 of the CAA. Class I areas
include certain national parks and
wilderness areas that were designated
by Congress as areas of special national
concern, where the need to prevent air
quality deterioration is the greatest.
Class II areas are all areas not
specifically designated in the CAA as
Class I areas and Class III areas are the
ones originally designated as Class II,
where higher levels of industrial
development (and emission growth) are
desired.
In this rulemaking, we will finalize
refinements to several aspects of the
method that may be used to calculate
an increase in concentration for
increment purposes. These refinements
are intended to clarify how States and
regulated sources may calculate
increases in concentration for purposes
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58
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
of determining compliance with the
PSD increments.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/06/07 72 FR 31372
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5100;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/lune/Day-06/al0459.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0888
Agency Contact: lessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Dan Deroeck, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AO02
3057. NESHAP: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: A final rule for this source
category was published on November
10, 2003. Several parties petitioned the
rule. Final amendments to address
issues raised by the petitioners were
published on luly 14, 2006. This action
will correct several errors in the final
amendments. Also, this action will
propose an alternative control option
for wastewater treatment tanks operated
under negative pressure. Because the
rule references the Hazardous Organic
NESHAP rulemaking (HON), the change
will be made to the wastewater
standards in the HON.
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/06/08 73 FR 45673
09/22/08
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4891.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/August/Day-06/al8142.pdf;
Split from RIN 2060-AM43.; EPA
Docket information: EPA-HQ-OAR-
2003-0121
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Email:
mcdonald.randy@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO07
3058. RISK AND TECHNOLOGY
REVIEW FOR GROUP 1: POLYMERS &
RESINS I; POLYMERS & RESINS II,
ACETAL RESINS, AND HYDROGEN
FLUORIDE
Priority: Other Significant
Legal Authority: CAA sec ll2(f)(2);
CAA sec 112(d)(6)
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action is called Risk and
Technology Review (RTR) Group 1. It
will address both EPA's obligation to
conduct a residual risk review? and to
conduct a technology review. It
includes eight source categories, each
affected by one of four MACT
standards. The eight source categories
are: polysulfide rubber manufacturing
(P&R I MACT); ethylene propylene
rubber manufacturing (P&R I MACT);
butyl rubber manufacturing (P&R I
MACT); neoprene manufacturing(P&R I
MACT); epoxy resins manufacturing
(P&R II MACT); non-nylon polyamides
manufacturing (P&R II MACT);
hydrogen fluoride manufacturing
(GMACT); and acetal resins
manufacturing (GMACT). EPA is
required to evaluate the risk remaining
at facilities 8 years after they are
required to comply with MACT air-
toxic emission standards according to
section 112 (f)(2) of the Clean Air Act
(CAA). EPA is also required to review
and revise the MACT standards if
needed every 8 years with regard to
practices, processes and control
technologies according to section
112(d)(6) of the CAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/12/07 72 FR 70543
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5126;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
12/a24076.htm; EPA Docket
information: EPA-HQ-OAR-2007-0211
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO16
3059. PREVENTION OF SIGNIFICANT
DETERIORATION FOR PM2.5—
INCREMENTS, SIGNIFICANT IMPACT
LEVELS AND SIGNIFICANT
MONITORING CONCENTRATIONS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 52.21; 40 CFR
51.166
Legal Deadline: None
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
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Environment Protection Agency Fall 2008 Regulatory Agenda
59
EPA—Clean Air Act (CAA)
Final Rule Stage
Protection Agency to establish
regulations to prevent significant
deterioration of air quality due to
emissions of any pollutant for which
a NAAQS has been promulgated. The
NAAQS for PM2.5 was promulgated in
1997. On November 1, 2005, EPA
proposed regulations for the
implementation of the PM2.5 program
including the New Source Review
(NSR) provisions. In that NPRM, we
indicated that we would be proposing
a separate rule for developing
increments and Significant Impact
Levels (SILs) to facilitate
implementation of a PM2.5 PSD
program. Increments are maximum
allowable increases in ambient PM2.5
concentrations (PM2.5 increments)
allowed in an area above the baseline
concentration. SILs are a screening tool
used by a major source to determine
if it needs to do a comprehensive
increments analysis. If a source's
impacts of PM2.5 emissions are less
than the corresponding SIL, the
source's impacts are considered to be
deminimis and no further modeling
analyses are required.
In this final, we are promulgating 2
options for developing PM2.5
increments. EPA's final option would
be the % of NAAQS option, also
known as the "safe harbor" approach,
but we are also seeking comment on
the "Equivalent Increment" approach.
For SILs, we requested comments on
3 options in the NPRM and will
address them in the final.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/21/07 72 FR 54112
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5068;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
21/al8346.htm; EPA Docket
information: EPA-HQ-OAR-2005-0605
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
Research Triangle Park, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AO24
3060. AMENDMENT OF DEFINITIONS
FOR NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS
POLLUTANTS FOR RADIONUCLIDES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 61.90(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. The current
definition of "effective dose
equivalent" refers to a method of
calculation in International
Commission on Radiological Protection
(ICRP) publication no. 26. Removing
this reference will prevent confusion if
EPA incorporates newer ICRP methods
for calculating effective dose equivalent
in its compliance models.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5114
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email: schultheisz.daniel@epa.gov
RIN: 2060-AO31
3061. FUEL ECONOMY REGULATIONS
FOR AUTOMOBILES: TECHNICAL
AMENDMENTS AND CORRECTIONS
Priority: Other Significant
Legal Authority: 49 USC 32901 et seq
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: This action amends and
corrects portions of the Environmental
Protection Agency's (EPA) existing fuel
economy regulations, located at 40 CFR
part 600. There are two reasons for this
action. First, some minor corrections
and amendments are needed to correct
portions of EPA's final rule for fuel
economy labeling requirements for cars
and light trucks (71 FR 77872, Dec. 27,
2006). Some typographical errors and
errors of omission will be corrected.
Second, the Department of
Transportation finalized new average
fuel economy standards for light trucks
on April 6, 2006 (71 FR 77872). This
rule amended the existing DOT
regulations at 49 CFR parts 523, 533,
and 537, by adding new definitions,
setting new fuel economy standards for
light trucks, and amending some
reporting requirements. In order for
DOT to execute its new requirements,
DOT's regulations rely on EPA to
reference the new definitions and
collect the new information from
automobile manufacturers, so that EPA
can determine the new light truck
average fuel economy targets. The new
definitions include "medium duty
passenger vehicle" and "footprint".
Under the Energy Policy and
Conservation Act (EPCA), EPA is
required to calculate the average fuel
economy of a manufacturer using
methods it prescribes by regulation. (49
U.S.C. 32904(a)(l)(A)). EPA has
conducted this activity for about 30
years and this rulemaking only updates
the information the Agency will receive
from the auto manufacturers. The
changes adopted by DOT include a new
requirement to determine the
"footprint" for each model type of
vehicle, so that target standards can be
calculated. EPA must therefore collect
"footprint" data from auto
manufacturers, which includes
measurements for front track width,
rear track width, wheelbase and final
sales of each model type. EPA's current
regulations do not require
manufacturers to submit this
information, thus a minor amendment
is needed to add this information
collection. The DOT rule takes effect
with 2008 model year trucks, which
can begin to be produced as early as
lanuary 2, 2007, thus it is important
that EPA begin collecting this new
information as soon as possible. These
changes do not change the existing EPA
-------
60
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
test procedures or calculation methods
for average fuel economy.
Timetable:
Action
Date FR Cite
Direct Final Action
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5124
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4450
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-AO36
3062. NEW SOURCE PERFORMANCE
STANDARDS REVIEW FOR
NONMETALLIC MINERAL
PROCESSING PLANTS AND
AMENDMENTS TO SUBPART UUU
APPLICABILITY
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, April 16, 2009, As per
11/16/2006 Consent Decree.
Abstract: Section lll(b)(l)(B) of the
Clean Air Act mandates that EPA
review and if appropriate revise
existing NSPS at least every 8 years.
The NSPS was initially promulgated on
August 1, 1985. The NSPS was
reviewed in the mid-1990s. Final
revisions for that review were
promulgated on June 9, 1997. On
October 2006, EPA entered into a
consent decree with the Sierra Club
and other environmental groups. The
decree requires proposal of any further
revisions by April 2008 and final
revisions promulgated on April 2009.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/22/08 73 FR 21559
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5145;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/April/Day-22/a8677.pdf; EPA
Docket information: EPA-HQ-OAR-
2007-1018
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D 243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO41
3063. ADDITION OF METHOD 208,
PROTOCOL FOR THE SOURCE
TESTING, ANALYSIS, AND
REPORTING OF VOC EMISSIONS
FROM HOT MIX ASPHALT PLANT
DRYERS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: Method 208 will produce
more accurate measurement of the mass
of volatile organic carbon (VOC)
emissions from asphalt paving
operations than any other current
method for measuring VOC. The
method will allow the EPA to make a
more accurate assessment of whether
asphalt paving plants are major sources
under the Federal programs for New
Source Review and Prevention of
Significant Deterioration. This method
was developed by the National Asphalt
Paving Association specifically for
asphalt paving plants as an alternative
to existing EPA methods for measuring
VOC. The National Asphalt Paving
Association requested that EPA
promulgate these methods to make
them more widely available and
acceptable for use in meeting various
environmental regulations.
Timetable:
Action
Date
FR Cite
Direct Final Action 11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5146;
EPA Docket information: EPA-HQ-OAR-
2008-0622
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, Research Triangle Park, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO51
3064. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: APPENDIX A—TEST
METHODS; AMENDMENTS TO
METHOD 301
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action amends EPA's
Method 301; Field Validation of
Pollutant Measurement Methods from
Various Waste Media. Method 301 can
be found in appendix A of 40 CFR part
63 (Test Methods). Method 301 was
promulgated with 40 CFR part 63,
subpart D (Regulations Governing
Compliance Extensions for Early
Reductions of Hazardous Air
Pollutants)(58 FR 27338, June 13,
1991), pursuant to section 112 of the
Clean Air Act (as amended in 1990).
This action finalizes amendments to
Method 301 based on comments
received on proposed changes to the
Method published in the Federal
Register on December 22, 2004 (69 FR
76642), and amends errors identified in
the proposed amendments to the
Method.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/22/04 69 FR 76642
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
61
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 5156;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/December/Day-
22/a27985.htm; EPA Docket
information: EPA-HQ-OAR-2004-0080
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, EW143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AO53
3065. PETROLEUM REFINERY
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: NPRM, Judicial,
October 20, 2007, Consent Decree.
Final, Judicial, October 20, 2008,
Consent Decree.
Abstract: Section 112(f) of the Clean
Air Act requires EPA to assess residual
risks that remain after implementation
of technology-based standards for each
category of major sources of air-toxic
emissions. Section 112(f) also mandates
EPA to develop additional emission
standards for these sources, as
necessary, to protect public health with
an ample margin of safety or to prevent
significant and widespread adverse
environmental effects. The current rule
covers emissions from certain process
vents, storage vessels, wastewater
streams, loading racks, marine tank
vessel loading operations, and
equipment leaks. Under this project, we
will model the emissions to determine
the residual risk associated with the
current control technologies. Section
112(d)6 requires EPA to review? and
revise as necessary emissions standards
taking into account developments in
practices, processes, and control
technologies. We will examine the
refinery control technologies to see
what improvements have been made in
the 12 years since this rulemaking was
promulgated. This rulemaking is under
a consent decree to fulfill requirements
of section 112(d)6 requiring proposal by
August 21, 2007, and promulgation by
August 21, 2008.
Timetable:
Action
Date
FR Cite
NPRM
Notice of Public
Hearing and
Reopening of
Comment Period
Final Action
09/04/07 72 FR 50716
11/08/07 72 FR 63159
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5093.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
04/al 7009.pdf; Split from RIN 2060-
AN85.; EPA Docket information: EPA-
HQ-OAR-2003-0146
URL For More Information:
www.epa.gov/fedrgstr/epa-
air/2007/september/day-04/al 7009.pdf
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO55
3066. STANDARDS OF
PERFORMANCE FOR COAL
PREPARATION PLANTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill
CFR Citation: 40 CFR 60, subpart Y
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, April 16, 2009, As per
11/16/2006 Consent Decree.
Abstract: EPA entered into a consent
decree to propose amendments the coal
preparation (subpart Y) new source
performance standard (NSPS) by April
16, 2008. The consent decree date for
final action is April 16, 2009. Subpart
Y was last reviewed in 1989. EPA
anticipates that the review? will result
in a tightening of the p articulate
emissions standard to reflect the
performance of current control
technologies and updated monitoring
requirements. In addition, EPA
anticipates setting work practice
standards to control fugitive PM
emissions.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
Second NPRM
Comment Period
End
Final Action
04/28/08 73 FR 22901
06/10/08 73 FR 32667
06/12/08
07/14/08
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5144;
EPA publication information: NPRM;
EPA Docket information: EPA—HQ—
OAR— 2008—0260
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Neuffer, Environmental Protection
Agency, Air and Radiation, D 243-02,
Research Triangle Park, NC 27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
RIN: 2060-AO57
3067. CLARIFICATION OF
RECONSIDERATION OF NEW
SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY, INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL STEAM
GENERATING UNITS
Priority: Other Significant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
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62
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: NPRM, Judicial, May
30, 2008.
Final, Judicial, November 28, 2008.
Abstract: The amendments will
address minor issues that have recently
come to the agency's attention and
clarify the regulatory text to be
consistent with the intent (as described
in the response to comments document)
of the final action of the
"Reconsideration of New Source
Performance Standards (NSPS) for
Electric Utility, Industrial, Commercial,
and Institution Steam Generating
Units" that was signed on 13 June
2007. Amendments include clarifying
that both utility and industrial steam
generating units burning low sulfur oil
are exempt from continuously
monitoring opacity, adding monitoring
requirements for subpart D units
complying with the optional 30 day
SO 2 standard, clarifying control device
monitoring requirements for new utility
units that do not install PM GEMS, and
clarifying requirements for industrial
sources burning coke oven gas. The
amendments will not change the cost
of the rule.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
06/12/08 73 FR 33642
07/28/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5174;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/June/Day-12/al2621.pdf;EPA
Docket information: EPA—HQ—OAR—
2005—0031
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AO61
3068. REGULATION OF FUELS AND
FUEL ADDITIVES: ALTERNATIVE
QUALITY ASSURANCE
REQUIREMENTS FOR ULTRA-LOW
SULFUR DIESEL
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule provides flexibility
to refiners, importers and distributors
of diesel fuel by amending the ultra-
low sulfur diesel (ULSD) regulations to
allow a nationwide sampling and
testing program to be used as an
alternative means of meeting the
sampling and testing defense elements
under 40 CFR section 80.613. This
alternative method would consist of a
comprehensive program of quality
assurance sampling and testing
calculated to achieve the same
objectives as the current regulatory
quality assurance requirement; i.e., that
the sulfur content in ULSD does not
exceed regulatory limits. The program
would be carried out by an
independent association funded by an
industry consortium, and would be
conducted pursuant to a survey plan,
approved by EPA.
Timetable:
Action
Date
FR Cite
Direct Final Action 03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5154
Agency Contact: Jaimee Dong,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9672
Fax: 202 343-2802
Email: dong.jaimee@epamail.epa.gov
RIN: 2060-AO71
3069. GROUP IV: CTGS IN LIEU OF
REGULATIONS FOR MISC. METAL
PRODUCTS COATINGS, PLASTIC
PARTS, AUTO AND LIGHT DUTY
TRUCK ASSEMBLY COATINGS,
FIBERGLASS BOAT MFG.
MATERIALS, AND MISC. INDUSTRIAL
ADHESIVES
Priority: Other Significant
Legal Authority: 42 USC I83(e)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial,
September 30, 2008.
Abstract: This action would announce
the Administrator's determinations
under section 183(e) for 5 categories of
consumer and commercial products
that Control Techniques Guidelines
(CTGs) are substantially as effective as
national rules for these categories.
These determinations are made based
on considerations affecting VOC
emission reductions in ozone
nonattainment areas. The proposal
would solicit comments on the
proposed determinations and announce
availability of draft CTGs for each of
the product categories. The final notice
would finalize the determinations and
announce availability of final CTGs
covering these categories. NOTE: This
action now includes the Miscellaneous
Industrial Adhesives category formerly
tracked under RIN 2060-AP02 and
should now subsume that action.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/14/08 73 FR 40230
08/13/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5226;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
AIR/2008/July/Day-14/al5722.pdf; EPA
Docket information: EPA-HQ-OAR-
2008-0411; EPA-HQ-OAR-2008-0412;
EPA-HQ-OAR-2008-0413; EPA-HQ-
OAR-2008-0415; EPA-HQ-OAR-2008-
0460
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP01
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Environment Protection Agency Fall 2008 Regulatory Agenda
63
EPA—Clean Air Act (CAA)
Final Rule Stage
3070. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES, TEST
METHOD 2H
Priority: Substantive, Nonsignificant
Legal Authority: CAA title I
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This test method enables the
representative measurement of
pollutant emissions and/or total
volumetric flow from stationary
sources. When the method was
originally developed, it addressed only
sources where the flow measurements
were made in locations with circular
cross-sections within an exhaust stack.
This technical update to the test
method will address flow measurement
locations with both circular and
rectangular cross-sections. The
revisions also include changes that
increase the accuracy of the method
and simplify its application. The
primary users of the method will be
owners and operators of utility units
subject to the Acid Rain Program under
title IV of the Clean Air Act and certain
large electric generating units and large
non-electric generating units that are
subject to the nitrogen oxides (NOX)
state implementation plan (SIP) call
under title I of the Clean Air Act. These
sources use volumetric stack flow rate
monitors in order to measure sulfur
dioxide (SO2) and NOX mass emissions
and heat inputs emissions and must
conduct periodic relative accuracy test
assessments (RATAs) of the flow rate
monitors at these units.
Timetable:
Action
Date FR Cite
Direct Final Action
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5237
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, Research
Triangle Park, NC 27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AP08
3071. • IMPLEMENT THE 8-HOUR
OZONE NAAQS: ADDRESSING A
PORTION OF THE PHASE 2 OZONE
IMPLEMENTATION RULE
CONCERNING REASONABLE
FURTHER PROGRESS EMISSIONS
REDUCTIONS CREDITS OUTSIDE
OZONE NONATTAINMENT AREAS
Priority: Info./Admin./Other
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action
proposes revisions to the Phase 2 rule
for implementing the 8-hour ozone
NAAQS to address partial vacatur by
the U.S. Circuit Court of Appeals for
the District of Columbia Circuit. The
rulemaking would propose to revise the
RFP policy portion for the 8-hour
NAAQS that allows credit for emissions
reductions outside an ozone
nonattainment area to be consistent
with the same policy in the PM2.5
implementation rule.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
07/21/08 73 FR 42294
08/20/08
1 2/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
5194.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/July/Day-21/al6668.pdf; Split
from RIN 2060-AO96.
Agency Contact: Denise Gerth,
Environmental Protection Agency, Air
and Radiation, C504-01, Research
Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
RIN: 2060-AP10
3072. • AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR THE
24-HOUR FINE PARTICLES (PM2.5)
NATIONAL AMBIENT AIR QUALITY
STANDARDS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 18, 2008, CAA sec 107
establishes the date for the final rule.
Abstract: This rule establishes final air
quality designations for the 2006 24-
hour PM2.5 National Ambient Air
Quality Standards (NAAQS), which
encompasses all areas of the United
States as required by section 107 of the
Clean Air Act (CAA). The air quality
status of an area is represented by its
classification. An area designated as
"attainment/unclassifiable" means that
the area has sufficient data to
determine that the area is meeting the
24-hour PM2.5 NAAQS, or that, due to
no data being available, EPA cannot
make a determination for the area. An
area designation of "nonattainment"
means that the area is in violation of,
or contributing to a violation of, the
24-hr PM2.5 NAAQS. States and Tribes
made their designation
recommendations to EPA in December
2007. EPA reviewed these designation
recommendations and will make
modifications as deemed appropriate.
EPA is required by the CAA to notify
States and Tribes of any modifications
that they intend to make to their
recommendations no later than 120
days prior to promulgation of the
designations. Consistent with the CAA
requirements, EPA expects to issue
final 24-hour PM2.5 designations no
later than December 18, 2008, with an
effective date 90 days after Federal
Register publication.
Timetable:
Action
Date
FR Cite
Final Action 01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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64
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 5282;
Regional Offices play a significant role
in the designations process; EPA
Docket information: EPA-HQ-OAR-
2007-0562
Agency Contact: Amy Vasu,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-0107
Fax: 919 541-0824
Email: vasu.amy@epamail.epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-5592
Fax: 919 541-0824
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AP27
3073. • PROTOCOLS FOR
MONITORING AND MEASURING
MERCURY EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action would codify two
optional mercury emissions test
methods and two optional performance
specifications for mercury emissions
monitoring. These standardized test
methods and monitoring specifications
may be used at the discretion of
emission sources, states, testing
organizations and others to characterize
vapor phase mercury emissions from
boilers and other sources of mercury;
the test methods may also be used to
perform relative accuracy test audits of
mercury emissions monitoring systems.
The mercury test methods, an
instrumental test method and a sorbent
trap-based test method, may be
preferred over existing standardized
mercury test methods because of
decreased costs, simpler
implementation, and/or more timely
results; they will be codified in
appendix A of 40 CFR part 60. The
mercury monitoring specifications will
provide for standardization of mercury
monitoring measurements and would
be codified in appendix B of 40 CFR
part 60. This action does not change
any emission standards or add any
recordkeeping or reporting
requirements.
Timetable:
Action
Date
FR Cite
Direct Final Action
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5289
Agency Contact: William Grimley,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1065
Fax: 919-541-0516
Email:
grimley.william@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, EW143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AP31
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3074. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, AVAILABILITY
OF INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)(7)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607
Agency Contact: Sicy lacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE95
3075. CLEAN AIR MERCURY RULE:
FEDERAL PLAN
Priority: Other Significant
Legal Authority: CAA sec ill
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Environment Protection Agency Fall 2008 Regulatory Agenda
65
EPA—Clean Air Act (CAA)
Long-Term Actions
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is a Federal Plan
to implement the requirements of the
Clean Air Mercury Rule (CAMR) for
any States that do not have a timely,
approved State Plan, as well as the two
tribes affected by the rule. The status
of this action is "undetermined." On
February 8, the U.S. Court of Appeals
for the DC Circuit vacated CAMR and
subsequently issued the mandate. Until
the deadline for seeking review? by the
Supreme Court has passed, and any
subsequent legal proceedings
concluded if review is sought, the
Agency is putting the Federal Plan
rulemaking action on hold during the
period for potential appeal.
The Federal Plan implements the
requirements of CAMR by requiring
that these States and tribes participate
in the EPA-administered CAMR cap-
and-trade program. While this rule
provides for Federal implementation of
the cap and trade program, it makes
no other substantive changes to the
model cap and trade program already
finalized as part of CAMR. During the
CAMR rulemaking process, EPA
conducted extensive analysis of the
economic, environmental, and health
impacts of CAMR. Because the
requirements and major programmatic
elements of CAMR remain the same
under the Federal Plan, these analyses
remain unchanged under this action, as
do conclusions regarding consideration
of Executive orders. This rule also
reflects any modifications based on the
CAMR Final Action on
Reconsideration. This action also
finalizes revisions concerning the
biomass cogeneration unit exemption
under the applicability provisions of
the Federal Plan, and minor revisions
to the CAMR State Plan model cap-and-
trade rule and the Acid Rain Program
regulations. In addition, this action
revises the Notice of Finding that
Certain States Did Not Submit Clean
Air Mercury Rule State Plans for New
and Existing Electric Utility Steam
Generating Units and Status of
Submission of Such Plans.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/22/06 71 FR 77099
To Be Determined
Government Levels Affected: Local,
State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5094;
EPA publication information: NPRM -
http://epa.gov/EPA-
AIR/2006/December/Day-
22/a21573.htm; EPA Docket
information: EPA-HQ-OAR-2006-0905
Agency Contact: Erich Eschmann,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9128
Fax: 202 343-2359
Email:
eschmann.erich@epamail.epa.gov
Meg Victor, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9193
Email: victor.meg@epamail.epa.gov
RIN: 2060-AN98
3076. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479;
CAA 160 to 169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review?
procedures for new? and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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-AHOl
3077. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408 and
7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory,
October 17, 2011.
Abstract: Under the Clean Air Act
Amendments of 1977, EPA is required
to review the air quality criteria every
5 years for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
and, if appropriate, revise these
standards. On October 17, 2006, the
EPA published a final rule to revise the
primary and secondary NAAQS for
particulate matter (PM) to provide
increased protection of public health
and welfare. With regard to the primary
standards for fine particles (generally
referring to particles less than or equal
to 2.5 micrometers in diameter, PM2.5),
EPA revised the level of the 24-hour
PM2.5 standard to 35 micrograms per
cubic meter (ug/m3) and retained the
level of the annual PM2.5 standard at
15 ug/m3. With regard to primary
standards for particles generally less
than or equal to 10 micrometers in
diameter (PM10), EPA retained the 24-
hour PM10 standard and revoked the
annual PM10 standard. With regard to
secondary PM standards, EPA made
them identical in all respects to the
primary PM standards, as revised. This
review? of the PM NAAQS is being
conducted using a new? NAAQS review?
process. The review began in 2007 with
a workshop to discuss key policy-
relevant issues around which EPA
would structure the review?. The
workshop discussions will provide
important input as OAR and ORD
consider the appropriate design and
scope of the major elements that will
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66
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
inform the Agency's policy assessment
under the new NAAQS process: an
integrated plan highlighting the key
policy-relevant issues prepared by OAR
and ORD, an Integrated Science
Assessment prepared by ORD, and a
Risk/Exposure Assessment prepared by
OAR. In addition, an ANPRM prepared
by OAR will evaluate the policy
implications of key information
contained in the Integrated Science
Assessment and Risk/Exposure
Assessment, as well as additional
appropriate technical analyses. The
ANPRM will reflect Agency views
regarding options to retain or revise the
PM NAAQS. EPA will solicit comments
from the Clean Air Scientific Advisory
Committee (CASAC), an independent
science advisory committee established
to review the scientific and technical
basis of the NAAQS, and the public
several times during the development
of the critical documents identified
above, including the ANPRM. The
Administrator will propose to retain or
revise the PM NAAQS, as appropriate,
taking into consideration CASAC and
public comment on the ANPRM. Input
received during the public comment
period for the proposed decision will
be considered in the Administrator's
final decision.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
06/00/10
01/00/11
10/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5169;
EPA Docket information: EPA-HQ-OAR-
2007-0492
Agency Contact: Beth Hassett-Sipple,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-4605
Fax: 919 541-0237
Email: hassett-sipple.beth@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO47
3078. FEDERAL PLAN
REQUIREMENTS FOR OTHER SOLID
WASTE INCINERATION UNITS
CONSTRUCTED ON OR BEFORE
DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 129; CAA sec
lll(d)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: Final, Statutory,
December 16, 2007, The CAA requires
promulgation of Federal plans within
2 years of promulgation of the
corresponding emission guidelines.
Abstract: In this OSWI Federal plan
rulemaking, EPA becomes an
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe, or
locale that has not submitted an
approvable plan within the time
allotted. 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
Final Action
12/18/06 71 FR75816
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5011;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/December/Day-
18/f21285.htm; Legal Deadline
continued: Federal Plan must be
promulgated 2 years after the final
publication of the Emission Guidelines
rule (December 16, 2005, 70 FR 74869,
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
16/a23716.htm); EPA Docket
information: EPA-HQ-OAR-2006-0364
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27709
Phone: 919 541-2421
Email: smith.martha@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, Research Triangle Park, NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN43
3079. 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: In August 2002, the Agency
received a petition to remove certain
types of stationary gas-fired combustion
turbines from the list of hazardous air
pollutant sources under section 112(c)
of the Clean Air Act. After negotiating
with the petitioner regarding the
acquisition of additional data regarding
its petition and reviewing the
additional data, the Agency proposed
a partial granting of the petition by
delisting 4 subcategories of stationary
gas-fired turbines in April 2004.
Simultaneously, the Agency proposed a
stay of the effectiveness of the
combustion turbine MACT for those
subcategories of turbines, delaying the
imposition of control requirements for
the delisted turbines until a final action
is taken regarding the delisting. The
Agency is waiting until the completion
of the final IRIS assessment regarding
the carcinogenic potency of
formaldehyde before taking final action
on the petition. The final IRIS action
on formaldehyde is expected to occur
in early 2010.
Timetable:
Action
Date FR Cite
NPRM—Delisting
NPRM—Stay
Final Action—Stay
Final Action
04/07/04 69 FR 18327
04/07/04 69 FR 18338
08/18/04 69 FR 51184
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
EPA publication information: NPRM-
STAY-
http://www.epa.gov/fedrgstr/EPA-
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Environment Protection Agency Fall 2008 Regulatory Agenda
67
EPA—Clean Air Act (CAA)
Long-Term Actions
AIR/2004/April/Day-07/a7775.htm; EPA
Docket information: EPA-HQ-OAR-
2003-0196
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Robert Wayland,
Environmental Protection Agency, Air
and Radiation, D240D, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Email: wayland.robert@epa.gov
RIN: 2060-AK73
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 2-generation reproductive effects
study. That study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: The results of the 2-
generation reproductive effects study, a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling and an analysis of potential
transformation products. Based on this
new submission, the ACC requested
that EPA reopen its review? of the MIBK
petition. EPA did reopen its review of
the petition. However, since the last
submittal by the petitioner, a 2-year
MIBK bioassay by the National
Toxicology Program (NTP) has been
completed. A draft report of this study
was reviewed by the NTP Board of
Scientific Counselors Technical Reports
Review Subcommittee, which accepted
unanimously the conclusions in the
report that there is some evidence of
carcinogenic activity of MIBK. EPA has
notified the petitioner that further
review? of the petition will require that
the petitioner submit information
regarding the relevance of the NTP
study and a risk characterization for the
human risk of cancer from MIBK
exposures, which would include the
derivation of a cancer unit risk
estimate. Given the significant time that
will be necessary to prepare and submit
this information, we are considering the
MIBK petition review? a long-term
action.
Timetable:
Action
Date FR Cite
Notice
NPRM
07/19/04 69 FR 42954
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
EPA publication information: Notice -
http://a257.g.akamaitech.net/7/
257/2422/06jun20041800/
edocket.access.gpo.gov/2004/04-
16335.htm
Agency Contact: Ken Hustvedt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM20
3081. 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 lanuary
18, 2000. That rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003, compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This action also proposes to withdraw
the Section 126 Rule in States that meet
the proposed revised criteria.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/04/03 68 FR 16644
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2003/April/Day-04/a8152.htm
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3082. 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 and
51.166; 40 CFR 52.21
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68
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: This rulemaking is a follow
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR parts 51 and
52). SAN 4676's final action—referred
to as the "equipment replacement
provision" (ERP)—was promulgated in
the Federal Register on October 27,
2003 (68 FR 61248). The action
summarized here, SAN 4676.3, when
finalized, will establish a regulatory
definition for maintenance and repair
activities (that are not equipment
replacements) that qualify for the
RMRR Exclusion from Major NSR. We
previously proposed options for this
SAN in our RMRR proposal on
December 31, 2002 (67 FR 80920).
However, this action will propose and
take comments on an additional
approach.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C504-01, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epamail.epa.gov
Dave Svendsgaard, Environmental
Protection Agency, Air and Radiation,
C339-03, Washington, DC 20460
Phone: 919 541-2380
Email: svendsgaard.dave@epa.gov
RIN: 2060-AM62
3083. 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 01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-1287
Fax: 734 214-4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3084. COMPONENT DURABILITY
PROCEDURES FOR NEW LIGHT DUTY
VEHICLES, LIGHT DUTY TRUCKS,
AND HEAVY DUTY VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
ordered deadline, this is a court-
ordered action. During the comment
period of the NPRM the Agency
received a comment from the Afton
Chemical Corporation ("formally
known as Ethyl Corporation )
suggesting that EPA did not address the
component durability portion of the
new vehicle emission certification
process and should establish a
procedure for rulemaking requesting
comment on whether our current
component durability process is
appropriate or if we should revise the
process to include a limited amount of
testing.
Timetable:
Action
Date
FR Cite
Supplemental 2
NPRM
Final Action
01/17/06 71 FR2843
01/00/10
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Environment Protection Agency Fall 2008 Regulatory Agenda
69
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; Split from RIN 2060-AK76.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4450
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-ANOl
3085. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7522 CAA
203; 42 USC 7525 CAA 206; 42 USC
7541 CAA 207; 42 USC 7542 CAA 208;
42 USC 7601 CAA 301; 42 USC 7522
CAA 203; 42 USC 7550 CAA 216; 42
USC 7601 CAA 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles 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
05/00/10
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, 64051, Washington, DC
20460
Phone: 202 343-9258
Email: doyle.robert@epa.gov
RIN:2060-AI03
3086. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action amends prior
action by the Agency related to the
transition of Article 5 countries to
ozone-depleting substance alternatives.
Currently, Article 5 allowances are
determined as a percentage of total
production allowances assigned to US
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action revises established
Article 5 allowances independently of
total production allowances based on
new data.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/23/06 71 FR 49395
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4697.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-23/al3951.htm;
Split from RIN 2060-AK45.; EPA
Docket information: EPA-HQ-OAR-
2005-0151
URL For More Information:
http://www.epa.gov/ozone/title6/
phaseout/index.html
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AN87
3087. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on Substances
that Deplete the Ozone Layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance. This
exemption will be limited to no more
than 20 metric tons per emergency
event. This is a deregulatory action that
will decrease burden on producers,
importers, distributors, and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4819
URL For More Information:
www.epa.gov\ozone\mbr
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
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70
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AL94
3088. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would amend the
rule on refrigerant recycling equipment
intended for use with Substitute
Refrigerants. This amendment would
clarify how the requirements of Clean
Air Act section 608 extend to
refrigerant recovery and/or recycling
equipment intended for use with
substitutes for CFC and HCFC
refrigerants.
Timetable:
Action
Date FR Cite
NPRM
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4916
URL For More Information:
www.epa.gov\ozone\title6\608
Agency Contact: Sally Hamlin,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9711
Fax: 202 565-2155
Email: hamlin.sally@epamail.epa.gov
RIN: 2060-AM49
3089. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending appendix
D to subpart F of 40 CFR part 82—
Standards for Becoming a Certifying
Program for Technicians. The
Refrigerant Recycling Regulations
governing standards for certifying
programs for technicians were
promulgated under section 608 of the
Clean Air Act Amendments of 1990
(May 1994; 59 FR 28660). These
regulations were amended in November
9, 1994 (59 FR 559120), to clarify the
scope of the technician certification
requirements and to provide a limited
exemption from certification
requirements for apprentices. This
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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4901
URL For More Information:
http://www.epa.gov/ozone/title6/608/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9337
Email:
shimamura.monica@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
3090. PROTECTION OF
STRATOSPHERIC OZONE: LABELING
OF PRODUCTS USING HCFCS
Priority: Other Significant
Legal Authority: 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action will require a
warning statement to be placed on
containers or products made with or
that contain a Class II ozone depleting
substance (ODS) in accordance with
section 611 of the Clean Air Act.
Similarly, a rule was promulgated in
1993 a requiring a warning statement
for all for all Class I and II containers
and products of Class I substances. A
warning statement will help consumer
choose products that do not contain a
Class II ODS which will result in
protecting the stratosphere and
ultimately protecting the environment
and human health.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5151
URL For More Information:
http://www.epa.gov/ozone/title6/
labeling/index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9337
Email:
shimamura.monica@epamail.epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
62051, Washington, DC 20460
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Environment Protection Agency Fall 2008 Regulatory Agenda
71
EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
RIN: 2060-AO68
3091. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES IN THE MOTOR
VEHICLE AIR CONDITIONING SECTOR
UNDER THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82.180
Legal Deadline: None
Abstract: The Clean Air Act provides
for the review of alternatives to ozone-
depleting substances and the approval
of substitutes that do not present a risk
more significant than other alternatives
that are available. Under that authority,
the Significant New Alternatives Policy
(SNAP) program, the EPA is expanding
the list of acceptable substitutes for
ozone-depleting substances (ODS). The
substitute addressed in this final rule
(R-152a) is for the motor vehicle air
conditioning (MVAC) end-use within
the refrigeration and air-conditioning
sector. This substitute does not pose
significantly more risk than other
substitutes that are available in this end
use. Additionally, this substitute is a
non ozone-depleting gas and
consequently does not contribute to
stratospheric ozone depletion.
Timetable:
Action
Date FR Cite
NPRM
First Final Action
Second Final Action
09/21/06 71 FR55140
06/12/08 73 FR 33304
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4918;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
21/a7967.htm; EPA Docket information:
EPA-OAR-2004-0488
URL For More Information:
http ://www. epa.gov/ozone/snap/
refrigerants/lists/mvacs.html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AM54
3092. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 7401 to 7671
CAA 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date FR Cite
NPRM
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Washington, DC
20460
Phone: 734 214-1238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3093. AMENDMENT TO
INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES
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
lustice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
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72
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734 214-4441
Fax: 734 214-4052
Email:
sargeant.kathryn@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
3094. SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: EPA coordinated the Section
126 Rule with another rule known as
the NOx State implementation plan
(SIP) Call, because both rules addresses
ozone transport in the eastern half of
the United States. EPA established a
mechanism in the Section 126 Rule
whereby the rule would be withdrawn
for sources in a State if the State
submitted, and EPA approved, a SIP
that complied with the NOx SIP Call.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have been delayed and
the NOx SIP Call has been divided into
two phases. Therefore, in a separate
action, EPA proposed to revise the
Section 126 Rule withdrawal provision
so that it will continue to operate under
these new circumstances. Under that
proposal, where a State submits a NOx
SIP that meets only Phase 1 of the NOx
SIP Call, EPA would need to make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. In this current
action, EPA is proposing that the
Michigan Phase I SIP meets the
proposed revised Section 126 Rule
withdrawal criteria, and therefore, if
EPA finalizes the withdrawal criteria as
proposed, EPA would withdraw the
Section 126 Rule for sources in
Michigan.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
3095. 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, Oct. 27, 1998), EPA
found that emissions of NOx from 22
States and the District of Columbia
(hereinafter referred to as "23 States")
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245),
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR section 51.121(a)(2), related to the
8-hour ozone national ambient air
quality standards (NAAQS). This action
does not create any new requirements;
it merely reinstitutes a requirement of
the NOx SIP Call that had previously
been stayed.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Rhea lones, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AL84
3096. DEFECT REPORTING FOR
ON-HIGHWAY MOTOR VEHICLES
AND ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
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Environment Protection Agency Fall 2008 Regulatory Agenda
73
EPA—Clean Air Act (CAA)
Long-Term Actions
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 indicate need for an
investigation.
Timetable:
Action
Date
FR Cite
NPRM 01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5043
Agency Contact: Christine
Mikolajczyk, Environmental Protection
Agency, Air and Radiation, AAPTIG,
Ann Arbor, MI 48105
Phone: 734 214-4403
Email:
mikolajczyk.christine@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AN73
3097. RESPONSE TO REQUEST FOR
RECONSIDERATION OF FINAL AIR
EMISSION MACT RULES FOR LARGE
MUNICIPAL WASTE COMBUSTORS
(MWCS)
Priority: Other Significant
Legal Authority: CAA sec 129
CFR Citation: 40 CFR 60
Legal Deadline: Final, ludicial, luly 16,
2007, Litigation stayed until
07/16/2007. EPA must publish final
response to request for reconsideration
by that date.
Abstract: EPA originally adopted air
emission standards for new and
existing large municipal waste
combustors (MWCs) in 1995. As
required by section 129 of the CAA,
EPA reviewed these standards and
proposed revised standards. The
proposal occurred on December 19,
2005, and final standards were
published on May 10, 2006 (71 FR
27323). A number of individuals,
including Earthjustice, filed litigation
on various aspects of the standards.
Earthjustice also filed a request for EPA
to reconsider four items included in the
final standards. Earthjustice did not
believe the changes made to the four
items following proposal were
adequately explained in the final FR
notice. EPA agreed to reconsider the
items and, following reconsideration,
would publish a FR notice explaining
EPA's logic for the changes, take
comment on the action, and publish a
final action. A notice was drafted
addresssing the reconsideration issues.
However, as a result of recent court
decisions on various CAA sections 112
and 129 rules, EPA petitioned the court
to remand the LMWC rule to EPA to
allow EPA to review? the MACT floor
determination conducted as part of the
1995 rulemaking. The court issued the
remand on February 2008. This action
will put the reconsideration notice on
"hold" until the MACT floor review? is
completed (estimated to take 1 year).
Timetable:
Action
Date FR Cite
Notice of
Reconsideration of
Final Rule
NPRM
Final Action
03/20/07 72 FR 13016
11/00/09
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5120;
EPA publication information: Notice of
reconsideration of final rule -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-20/a5022.htm
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, Research Triangle Park, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO18
3098. PROTECTION OF
STRATOSPHERIC OZONE:
RESERVING PRE-2005 STOCKS OF
METHYL BROMIDE FOR CRITICAL
USE GROWERS
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7401 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the need to manufacture
additional methyl bromide to serve the
needs of approved critical users where
part of their overall need could be
served by drawing from the inventory
of methyl bromide produced prior to
lanuary 1, 2005. Therefore, EPA intends
to issue an advance notice considering
the need to propose a regulation
restricting access to pre-2005 inventory
only to meet the needs of the approved
critical users, recognizing that such a
restriction would not replace in whole
or in part, the critical use nomination
process. This restriction would ensure
that those uses of methyl bromide that
do not seek and receive a critical use
nomination could not access pre-
phaseout inventory.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5137
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO29
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74
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3099. PROTECTION OF THE
STRATOSPHERIC OZONE: MOTOR
VEHICLE AIR CONDITIONING SYSTEM
SERVICING
Priority: Substantive, Nonsignificant
Legal Authority: CAA title VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: The motor vehicle air
conditioning industry is considering a
move to alternative refrigerants. This
action would establish service,
maintenance, and equipment
provisions, as required by the Clean Air
Act, for new alternative refrigerants in
the motor vehicle air conditioning
sector. These provisions will help
ensure the safe and effective servicing
of motor vehicle air conditioning
systems.
Timetable:
Action
Date
FR Cite
NPRM
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5206
URL For More Information:
http://www.epa.gov/ozone/snap
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AO75
3100. • RESPONSE TO SECTION 126
PETITION FROM WARRICK COUNTY,
INDIANA, AND THE TOWN OF
NEWBURGH, INDIANA
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: CAA sec 126
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will respond
to a petition submitted by Warrick
County, Indiana, and the Town of
Newburgh, Indiana, under section 126
of the Clean Air Act. The petition
requests that EPA make a finding that
a power plant being proposed to be
built in Henderson County, Kentucky
(Cash Creek), will emit air pollutants
that will significantly contribute to
nonattainment in, or interfere with
maintenance by, Warrick County and
Newburgh, Indiana, with respect to the
national ambient air quality standards
for ozone and particulate matter. Based
on such a finding, the petition requests
that EPA establish emission limitations
for the proposed power plant to prevent
the significant contribution.
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. 5268
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Rhea lones, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP21
3101. • NESHAP SUBPART W:
STANDARDS FOR RADON EMISSIONS
FROM OPERATING URANIUM MILL
TAILINGS: AMENDMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: NESHAP subpart W protects
human health and the environment by
setting radon emission standards and
work practices for operating uranium
mill tailings impoundments. As
required by the Clean Air Act
Amendments of 1990, EPA will review?
and, if necessary, revise the NESHAP
requirements for radon emissions from
operating uranium mill tailings.
Timetable:
Action
Date
FR Cite
NPRM
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5281;
OECA, Region 8
Agency Contact: Reid Rosnick,
Environmental Protection Agency, Air
and Radiation, 66081, Washington, DC
20460
Phone: 202 343-9563
Fax: 202 343-2304
Email: rosnick.reid@epamail.epa.gov
Loren Setlow, Environmental Protection
Agency, Air and Radiation, 66081,
Washington, DC 20460
Phone: 202 343-9445
Fax: 202 343-2304
Email: setlow.loren@epamail.epa.gov
RIN: 2060-AP26
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Environment Protection Agency Fall 2008 Regulatory Agenda
75
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3102. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Completed:
Reason
Date
FR Cite
ANPRM
Direct Final — Petition
Juducial Review
NPRM— Petition
Judicial Review
Direct Final —
Compliance
Extension
Direct Final — Petition
Received
Equipment Leaks
Direct Final — Stay
Notice
NPRM— Stay Notice
Direct Final 00
Direct Final 4
Final Action 01
Direct Final
Compliance
Final 1
Final 2
11/25/96 61 FR 59849
03/09/99 64 FR 11 536
03/09/99 64 FR 11 555
05/07/99 64 FR 24511
06/08/99 64 FR 30406
06/30/99 64 FR 35023
06/30/99 64 FR 35 107
08/29/00 65 FR 5231 9
10/26/00 65 FR 641 61
02/23/01 66 FR 11 233
02/26/01 66 FR 11 543
07/16/01 66 FR 36924
08/06/01 66 FR 40903
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Markwordt
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Ken Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH47
3103. IMPLEMENTATION OF THE NEW
SOURCE REVIEW (NSR) PROGRAM
FOR PM2.5
Priority: Other Significant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Final Action 05/16/08 73 FR 28321
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Dan Deroeck
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
Raj Rao
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AN86
3104. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS:
TECHNICAL AMENDMENTS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
NPRM 09/07/07 72FR51392
Direct Final Action 09/07/07 72 FR 51365
Withdrawal of Direct 11/05/07 72 FR 62414
Final
Final Action 05/22/08 73 FR 29691
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Foston Curtis
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Related RIN: Previously reported as
2060-AO09
RIN: 2060-AP13
3105. NESHAP: NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS
(SOLICITATION OF COMMENT ON
LEGAL ANALYSIS AND RESPONSE
TO PETITIONS FOR
RECONSIDERATION)
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 10/28/08 73 FR 64068
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Frank Behan
Phone: 703 308-8476
Email: behan.frank@epamail.epa.gov
RIN: 2050-AG29
3106. • FEDERAL IMPLEMENTATION
PLAN FOR FOREST COUNTY
POTAWATOMI CLASS I
REDESIGNATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410; 42 USC
7601; 42 USC 7474
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: In this rulemaking EPA is
approving the request by the Forest
County Potawatomi Community's (FCP
Community) Tribal Council to
redesignate certain portions of the FCP
Community Reservation as a non-
Federal Class I area under the Clean
Air Act (Act or CAA) program for the
Prevention of Significant Deterioration
of air quality. These regulations are
designed to preserve the air quality in
national parks and other areas that are
meeting the National Ambient Air
Quality Standards (NAAQS). The Class
I designation will result in lowering the
allowable increases in ambient
concentrations of particulate matter,
sulfur dioxide, and nitrogen dioxide on
the Reservation.
Timetable:
Action
Date FR Cite
NPRM
Notice-Michigan
Notice-Wisconsin
Final Action
12/18/06 71 FR 75694
04/29/08 73 FR 23107
04/29/08 73 FR 23111
04/29/08 73 FR 23086
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5090;
EPA publication information: Notice -
Wisconsin -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/April/Day-29/a8970.pdf;EPA
Docket information: EPA-RO5-OAR-
2004-WI-0002
Agency Contact: Constantine Blathras,
Environmental Protection Agency,
Regional Office Chicago, Chicago, IL
60604
Phone: 312 886-0671
Email:
blathras.constantine@epamail.epa.gov
Benjamin Giwojna, Environmental
Protection Agency, Regional Office
Chicago, Chicago, IL 60604
Phone: 312 886-0247
Email:
giwojna.benjamin@epamail.epa.gov
RIN: 2005-AAOO
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76
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3107. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION
ENGINES AND EQUIPMENT
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 90 and 91
Completed:
Reason
Date
FR Cite
Final Action 10/08/08 73 FR 59034
Final Action Effective 12/08/08
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Glenn Passavant
Phone: 734 214-4408
Fax: 734 214-4816
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
3108. • OHIO SO2 RULES / FIP
RESCISSION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This is a Final rule approving
a variety of revisions concerning sulfur
dioxide in Ohio. The most significant
revisions provide for State rules to
reflect the limits in the Federal
Implementation Plan (FIP). With this
action, EPA will now have approved
State sulfur dioxide rules for the entire
state of Ohio, thereby superseding the
entire FIP. Consequently, this action
rescinds the entire sulfur dioxide FIP
which was originally promulgated in
1976.
Timetable:
Action
Date
FR Cite
Final Action 03/21/08 73 FR 15081
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5212;
Final action
-http://www.epa.gov/fedrgstr/EPA-
AIR/2008/March/Day-21/a5667.htm
Agency Contact: John Summerhays,
Environmental Protection Agency,
Chicago, IL 60604
Phone: 312 886-6067
Email:
summerhays.john@epamail.epa.gov
RIN: 2005-AA01
3109. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
Final Action
04/21/08 73 FR 21418
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
Agency Contact: Laurie Ostrand
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epamail.epa.gov
Cynthia Cody
Phone: 303 312-6228
Fax: 303 312-6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOl
3110. 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.
CFR Citation: 40 CFR 92; 40 CFR 94
Completed:
Reason
ANPRM
NPRM
Final Action
Date
06/29/04
04/03/07
05/06/08
FR Cite
69 FR 39276
72 FR 15938
73 FR 25097
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Jean—Marie Revelt
Phone: 734 214-1822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AM06
3111. RESPONSE TO PETITION OF
RECONSIDERATION FOR FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/08/07 72 FR 31771
04/22/08 73 FR 21528
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Tim Smith
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Carla Oldham
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AN12
3112. OPTIONAL CHASSIS
CERTIFICATION FOR DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86.1863-07
Completed:
Reason
Date
FR Cite
Withdrawn 08/29/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Zuimdie Guerra
Phone: 734 214-4387
Email: guerra.zuimdie@epamail.epa.gov
Cleophas Jackson
Phone: 734 214-4824
Email:
jackson.cleophas@epamail.epa.gov
RIN: 2060-AN39
3113. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SEMICONDUCTOR
MANUFACTURING: AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
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Environment Protection Agency Fall 2008 Regulatory Agenda
77
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/19/06 71 FR61701
07/22/08 73 FR 42529
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John Schaefer
Phone: 919 541-0296
Fax: 919 541-1039
Email: schaefer.john@epa.gov
Bob Schell
Phone: 919 541-4116
Email: schell.bob@epamail.epa.gov
RIN: 2060-AN80
3114. REGULATION OF FUELS AND
FUEL ADDITIVES: REVISED
DEFINITION OF SUBSTANTIALLY
SIMILAR RULE FOR ALASKA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Direct Final Action 04/25/08 73 FR 22277
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jaimee Dong
Phone: 202 343-9672
Fax: 202 343-2802
Email: dong.jaimee@epamail.epa.gov
Dave Kortum
Phone: 202 343-9022
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AN94
3115. NESHAP—AREA SOURCE
STANDARDS—NINE METAL
FABRICATION AND FINISHING
SOURCE CATEGORIES (12 SICS, 23
NAICS CODES)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
04/03/08 73 FR 18334
07/23/08 73 FR 42978
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Donnalee Jones
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO27
3116. METHOD 207—PRE-SURVEY
PROCEDURE FOR CORN
WET-MILLING FACILITY EMISSION
SOURCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
Direct Final Action 05/29/08 73 FR 30775
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Gary McAlister
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Candace Sorrell
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO39
3117. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS
(SUBPART UUU)—MINERAL
DRYERS/CALCINERS
Priority: Other Significant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
FR Cite
Withdrawn 05/16/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill Neuffer
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO43
3118. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2008
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/12/07 72 FR 32269
06/11/08 73 FR 33007
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
FR Cite Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Agency Contact: Kirsten Cappel
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Ross Brennan
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AO44
3119. NESHAP: AVIATION GASOLINE
DISTRIBUTION MACT STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 07/28/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO62
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78
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3120. FEDERAL PLAN
REQUIREMENTS FOR LARGE
MUNICIPAL WASTE COMBUSTORS
CONSTRUCTED ON OR BEFORE
SEPTEMBER 20, 1994
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Completed:
Reason
Date
FR Cite
Withdrawn 06/02/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local
Agency Contact: Walt Stevenson
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Brian Shrager
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO63
3121. PULP AND PAPER SECTOR
MODEL
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Withdrawn 09/03/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Elizabeth Palma
Phone: 919 541-5432
Fax: 919 541-3470
Email:
palma.elizabeth@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO67
3122. OPPORTUNITY TO PROVIDE
FEEDBACK TO THE AGENCY ON
EMISSIONS STANDARDS FOR
STATIONARY DIESEL ENGINES
Priority: Other Significant
CFR Citation: None
Reason
Date
FR Cite
Withdrawn 11/05/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Chris Stoneman
Phone: 919 541-0823
Fax: 919 541-0072
Email: stoneman.chris@epamail.epa.gov
Gregory Green
Phone: 919 541-2769
Fax: 919 541-0501
Email: green.gregory@epamail.epa.gov
RIN: 2060-AO73
3123. • RENEWABLE FUEL
STANDARD TECHNICAL
AMENDMENTS
Priority: Info./Admin./Other
Legal Authority: 42 USC 7414; 42 USC
7542; 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: Other, Statutory, May
31, 2008, Amendments extend May 31,
2008, deadline for attest engagements
from non-obligated regulated parties to
May 31, 2009.
Abstract: Following publication of the
final RFS program regulations (72 FR
23900, May 1, 2007) and as part of our
continuous implementation review?, we
discovered a number of areas within
the RFS regulations at 40 CFR part 80,
subpart K, that were either in error,
unclear, or otherwise could benefit
from modification. This action will
correct and/or modify these sections of
the final RFS program regulations.
Timetable:
Action
Date
FR Cite
10/02/08 73 FR 57248
12/01/08
Direct Final Action
Direct Final Action
Effective
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5249
Agency Contact: Megan Brachtl,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 343-9473
Email: brachtl.megan@epamail.epa.gov
RIN: 2060-AO80
3124. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES (COMPLETION OF A
SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: On October 23, 1998 (63 FR
56968), EPA promulgated a rule setting
emission standards for nonroad
compression-ignition (CI) engines under
authority of section 213 of the Clean
Air Act. These standards are codified
in the Code of Federal Regulations at
40 CFR part 89. Pursuant to section 610
of the Regulatory Flexibility Act, EPA
has reviewed this rule to determine if
it should be continued without change,
or should be rescinded or amended to
minimize adverse economic impacts on
small entities. This review? was
announced in the Regulatory Agenda
on May 5, 2008 (73 FR 24761). As part
of this review, EPA considered, and
solicited comments on, the following
factors: (1) The continued need for the
rule; (2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. No comments were
received. The results of EPA's review?
have been summarized in a report and
placed in the rulemaking docket
(docket number EPA-HQ-OAR-2008-
0206 at www.regulations.gov). These
results are briefly summarized here.
One of the factors that must be
considered in a section 610 review is
the continued need for the rule under
review. The Agency finds that there is
a continued need for the emission
standards and related provisions for
nonroad CI engines. Many areas of the
country do not meet the National
Ambient Air Quality Standards
(NAAQS) for ozone or particulate
matter (PM2.5). Both of these
environmental problems are addressed
in part by the October 1998 rule. The
Agency must also consider the
complexity of the rule under review.
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Environment Protection Agency Fall 2008 Regulatory Agenda
79
EPA—Clean Air Act (CAA)
Completed Actions
The 1998 rule incorporated a number
of provisions aimed at easing the
burden of compliance for equipment
manufacturers, many of whom are
small businesses. These included
provisions that allow the limited use
of engines meeting the previous
emission standards during the initial
years of the program to help smooth
the transition to the new standards.
EPA believes that the transitional
flexibilities afforded by these
provisions mitigate the implementation
complexity of the rule while meeting
statutory objectives. The Agency must
also consider the extent to which the
nonroad CI engine rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules. The Agency believes the rules for
nonroad CI engines do not duplicate or
conflict with any other rule. Under the
CAA, both EPA and the state of
California are authorized to have
emission control program requirements
covering these engines and, indeed,
both do now have such programs. EPA
worked closely with the State of
California in developing the October
1998 Federal rule to assure that the two
rules do not conflict or overlap. Finally,
the Agency must consider the length
of time since the rule in question has
been evaluated, or the degree to which
technology, economic conditions, or
other factors have changed. Technology
advances since 1998 have enabled EPA
to adopt a new set of emission
requirements that will succeed the 1998
standards between 2008 and 2015.
These new standards include
provisions similar to those from the
1998 rule aimed at easing the burden
of compliance for both engine
manufacturers and equipment
manufacturers, many of which are
small businesses. Based on EPA's
section 610 review?, including the fact
that no comments were received as a
result of the review, no amendments
are planned at this time. As part of any
future rulemakings in this area, EPA
will continue to work with small-entity
representatives to reduce unfavorable
impacts to the extent appropriate while
meeting the need for emission
reductions.
Timetable:
Action
Date
FR Cite
Final Rule
Begin Review
End Comment Period
End Review
10/23/98 63 FR 56967
05/05/08 73 FR 24755
08/04/08
09/02/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5254;
EPA Docket information: EPA-HQ-OAR-
2008-0206
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AO82
3125. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: GASOLINE
DISTRIBUTION; AMENDMENTS-
AREA SOURCE STANDARD
Priority: Info./Admin./Other
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Technical Correction 03/07/08 73 FR 12275
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
KG Hustvedt
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AO84
3126. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM
SNOWMOBILES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 1051
Completed:
Reason
Date
Direct Final Action 06/25/08 73 FR 35946
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John Muller
Phone: 734 214-1275
Email: muller.john@epa.gov
RIN: 2060-AO88
3127. IMPLEMENTATION OF THE
8-HOUR OZONE NATIONAL AMBIENT
AIR QUALITY STANDARD:
ANTI-BACKSLIDING PROVISIONS ON
SECTION 185 PENALTY FEES UNDER
FORMER 1-HOUR OZONE STANDARD
Priority: Other Significant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Withdrawn
07/28/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Denise Gerth
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
John Silvasi
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
RIN: 2060-AO95
3128. NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 subpart EEEE
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Action
Wthdrawal of Direct
Final and Final
Amendments
04/23/08 73 FR 21889
04/23/08 73 FR 21825
07/17/08 73 FR 40977
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
FR Cite Government Levels Affected: None
Agency Contact: Steve Shedd
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AO99
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80
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3129. CONSUMER AND COMMERCIAL
PRODUCTS: NATIONAL VOC
EMISSION STANDARDS FOR
MISCELLANEOUS INDUSTRIAL
ADHESIVES AND SEALANTS
Priority: Other Significant
CFR Citation: 40 CFR 59
Completed:
Reason
Date
FR Cite
Withdrawn 05/21/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bruce Moore
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epamail.epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP02
3130. NESHAP: AREA SOURCE
STANDARDS—ALUMINUM
FOUNDRIES
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 08/18/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Cole
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epa.gov
Chebryll Edwards
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AP04
3131. VOC REGULATION FOR
ARCHITECTURAL COATINGS
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: On September 11, 1998 (63
FR 48848), EPA promulgated a
regulation to control volatile organic
compound (VOC) emissions from
architectural coatings. These
requirements, codified at 40 CFR part
79, subpart D, were promulgated under
section 183(e) of the Clean Air Act
(CAA). Pursuant to section 610 of the
Regulatory Flexibility Act, EPA has
reviewed this rule to determine if it
should be continued without change, or
should be rescinded or amended to
minimize adverse economic impacts on
small entities. As part of this review,
EPA considered, and solicited
comments on, the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. The results of EPA's review have
been summarized in a report and
placed in the rulemaking docket
(docket number EPA-HQ-OAR-2008-
0205 at www.regulations.gov). These
results are briefly summarized here.
One of the factors that must be
considered in a section 610 review? is
the continued need for the rule under
review. The rule remains necessary to
help fulfill the requirements of CAA
section 183(e), which addresses the
persistent ozone nonattainment
problem in many areas. The Agency
must also consider the nature of any
complaints about the rule. One
comment letter was received. The
commenter asserted that the use of
relative reactivity should be
incorporated into this rule. We agree
that not all VOC are equal in their
effects on ground-level ozone
formation. However, we believe that
adoption of a reactivity-based approach
for the architectural coatings rule at
this time would not provide significant
benefits to small coatings
manufacturers and, in some cases,
could present small businesses with the
additional burden of research and
development to carry out product
reformulation that could be required to
comply with a new, reactivity-based
rule. The Agency must also consider
the complexity of the rule under
review. The 1998 rule incorporated a
number of provisions aimed at easing
the burden of compliance, and the
Agency published accompanying
guidance to help small businesses
comply with the rule. Accordingly, and
in light of the fact that we received no
comments on rule complexity, we do
not believe that complexity is a barrier
to understanding and complying with
the rule. The Agency must also
consider the extent to which the rule
overlaps, duplicates, or conflicts with
other Federal, State, or local
government rules. Several States have
architectural coatings rules that are
more stringent and cover more
categories than the 1998 Federal
architectural coatings rule.
Consequently, many entities are
marketing architectural coatings that
are lower in VOC content than required
by the Federal rule. However, we know
of no instances where the federal rule
conflicts with existing State rules.
Finally, the Agency must consider the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the rule
since it was promulgated. Many low-
VOC and non-VOC architectural
coatings have been developed since
promulgation of this rule in 1998.
Consequently, the VOC limits in the
existing Federal rule pose no
unreasonable burden on small or large
companies. Regarding reactivity, as
discussed above, although we believe
that changes in technology do not
warrant revision of the architectural
coatings rule at this time, we are open
to initiating dialogue on the subject of
broadly applied reactivity-based
approaches to VOC regulation. Based
on the foregoing considerations, the
Agency believes that the current
architectural coatings rule provides for
needed VOC reductions without undue
burden on small entities, and does not
warrant revision at thistime.
Timetable:
Action
Date
FR Cite
Final Action 09/11/98 63 FR 48848
Begin Review 05/05/08 73 FR 24755
End Comment Period 08/04/08
End Review 09/02/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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Environment Protection Agency Fall 2008 Regulatory Agenda
81
EPA—Clean Air Act (CAA)
Completed Actions
Additional Information: SAN No. 5255;
EPA Docket information: EPA-HQ-OAR-
2008-0205
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Email: eagles.tom@epa.gov
RIN: 2060-AP09
3132. • PROTECTION OF
STRATOSPHERIC OZONE: REVISION
OF REFRIGERANT RECOVERY-ONLY
EQUIPMENT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 609
CFR Citation: 40 CFR 82 subpart F
Legal Deadline: None
Abstract: The existing regulations
covering specifications for motor
vehicle air conditioning refrigerant
recovery-only machines reference
outdated Society of Automotive
Engineers (SAE) standards. This
regulation updates existing regulations
to match newly updated SAE
standards.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
06/18/08 73 FR 34676
06/18/08 73 FR 34644
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5263;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/lune/Day-18/al3754.pdf; EPA
Docket information: EPA-HQ-OAR-
2008-0231
URL For More Information:
http://www.epa.gov/ozone/title6/608/
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 62051, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AP18
3133. • NESHAP: GASOLINE
DISTRIBUTION AMENDMENTS; AREA
SOURCE STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On lanuary 10, 2008 (73 FR
1916), EPA issued final national
emission standards for hazardous air
pollutants for gasoline distribution bulk
terminals, bulk plants, pipeline
facilities, and gasoline dispensing
facilities. Subsequently, we have
received requests to clarify and amend
the rule text on pressure—vacuum (PV)
valve setting for vapor balance systems.
The direct-final and proposed
amendments to correct the PV valve
settings was publish on June 25, 2008.
The direct final action is effective
September 23, 2008, unless EPA
receives an adverse comment by August
11, 2008.
Timetable:
Action
Date
FR Cite
Direct Final Action
06/25/08 73 FR 35939
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5264;
EPA Docket information: EPA-HQ-OAR-
2006-0406
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AP19
3134. • FINAL DETERMINATION TO
EXTEND DEADLINE FOR
PROMULGATION OF ACTION ON
SECTION 126 PETITION FROM
WARRICK COUNTY, INDIANA, AND
THE TOWN OF NEWBURGH, INDIANA
Priority: Info./Admin./Other
Legal Authority: CAA sec 126
CFR Citation: 40 CFR 52
Legal Deadline: Final, Statutory, May
5, 2008, 60-day deadline by which EPA
must act on petition or take action to
extend the statutory deadline by up to
6 months.
Abstract: In this procedural action,
EPA is extending by 6 additional
months the deadline for taking final
action on a petition submitted by
Warrick County, Indiana, and the Town
of Newburgh, Indiana, under section
126 of the Clean Air Act (CAA). Section
126 requires EPA to grant or deny a
petition within 60 days. However, the
CAA authorizes EPA to grant a time
extension of up to 6 months for
responding to a petition if EPA
determines that the extension is
necessary, among other things, to meet
the purposes of the CAA's rulemaking
requirements. Actions under section
126 are subject to notice-and-comment
rulemaking requirements. EPA is
determining that the 60-day time period
is not sufficient for EPA to develop an
adequate proposal on the petition and
to allow for public input on the
proposal.
Timetable:
Action
Date
FR Cite
Final Action
05/01/08 73 FR 23959
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5267;
EPA publication information: Final
Action -
http://www. epa.gov/ fedrgstr/EPA-
AIR/2008/May/Day-01/a9485.pdf;EPA
Docket information: EPA-HQ-OAR-
2008-0314
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
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82
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Rhea Jones, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP20
3135. • REVISED EXCEPTIONAL
EVENT DATA FLAGGING SUBMITTAL
AND DOCUMENTATION SCHEDULE
FOR 2008 OZONE NAAQS
MONITORING DATA
Priority: Other Significant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Exceptional Events Rule
(Treatment of Data Influenced by
Exceptional Events, 72 FR 13560
published Mar. 22, 2007) provides a
general schedule for the flagging of
monitored data affected by exceptional
events and the submission of final
documentation in the Air Quality
Subsystem Database (AQS) for support
analysis of air quality related to
National Ambient Air Quality
Standards (NAAQS) attainment. If the
general schedule does not allow
sufficient time to flag and document
data prior to statutory deadlines, the
Agency reserved the authority to
provide revised schedules when new
NAAQS are finalized.
This new direct final rule and parallel
proposal action amend the Exceptional
Events Rule by providing a revised
exceptional event data flagging and
documentation schedule for Ozone data
submitted relating to the 2008 Revised
Ozone NAAQS. States are required to
flag all monitored data influenced by
exceptional events (including forest
fires and hurricanes) between the years
2005 and 2007 not later than December
31, 2008, in order for that data to be
considered for exclusion by the Agency
for Ozone attainment designations. Data
to be considered from calendar year
2008 must be flagged in the Agency's
AQS database on or before March 12,
2009, with supporting technical
documentation for all four calendar
years to be provided not later than
March 12, 2009.
Timetable:
Action
Date FR Cite
Direct Final Action 10/06/08 73 FR 58080
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5283;
EPA Docket information: EPA-HQ-OAR-
2005-0159
Agency Contact: Tom Link,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5456
Fax: 919 541-5489
Email: link.tom@epamail.epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
Research Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AP28
3136. • WITHDRAWAL OF FEDERAL
IMPLEMENTATION PLANS FOR THE
CLEAN AIR INTERSTATE RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This action will provide an
additional CAIR FIP withdrawal rule to
withdraw the CAIR FIPs in States
where EPA's approval of the State's full
CAIR SIP became effective before
January 16, 2008. This additional rule
is necessary because the Automatic FIP
Withdrawal Rule, which becomes
effective on January 16, 2008, will not
operate retroactively. Once EPA
approves a State's full CAIR SIP, this
corrects the deficiency for which EPA
originally promulgated the FIP and thus
EPA no longer has the authority for the
FIP in that State.
Timetable:
Action
Date
FR Cite
Final Action 04/28/08 73 FR 22818
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5108.1; Split from SAN 5108.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Barbara Driscoll, Environmental
Protection Agency, Air and Radiation,
C539-04, Research Triangle Park, NC
27711
Phone: 919 541-1051
Fax: 919 541-5489
Email: driscoll.barbara@epa.gov
RIN: 2060-AP32
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3137. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
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
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Environment Protection Agency Fall 2008 Regulatory Agenda
83
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
Notice of Proposed Rulemaking was
issued to solicit early public input on
this issue.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
11/18/03 68 FR 65120
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
18/f28651.htm
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 66081, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
3138. TECHNICAL CHANGE TO DOSE
METHODOLOGY
Priority: Info. /Admin. /Other
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste; the current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
03/00/09
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, 66081, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@epa.gov
RIN: 2060-AH90
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Final Rule Stage
3139. 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
luly 2004, the DC Circuit Court
returned the standards to EPA for
reconsideration of the regulatory time
frame. The Court found that the 10,000-
year compliance period violates our
authorizing statute for Yucca Mountain
regulation because it is not "based
upon and consistent with" scientific
recommendations required from the
National Academy of Sciences under
the legislation. To address the Court's
opinion, we must reassess the time
frame in light of the National
Academy's recommendation that
compliance must be addressed at the
time of peak dose, which may be as
long as several hundred thousand years
into the future.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/22/05 70 FR 49014
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4964;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-22/al6193.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0083
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 66081, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-9198
Email: clark.ray@epa.gov
Raymond Lee, Environmental
Protection Agency, Air and Radiation,
66081, Washington, DC 20460
Phone: 202 343-9463
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84
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Atomic Energy Act (AEA)
Final Rule Stage
Fax: 202 343-2503
Email: lee.raymond@epa.gov
RIN: 2060-AN15
Environmental Protection Agency (EPA)
Noise Control Act (NCA)
Proposed Rule Stage
3140. REVISION OF
HEARING-PROTECTOR
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: Noise Control Act of
1972, sec 8
CFR Citation: 40 CFR 211, subpart B
Legal Deadline: None
Abstract: The Office of Air and
Radiation plans to undertake a revision
of EPA's regulation at 40 CFR part 211,
subpart B, regarding the labeling of
products that are sold wholly or in part
on the basis of their ability to reduce
the level of sound entering a person's
ears, typically referred to as "Hearing
Protectors." This action is being taken
under the authority of section 8 of the
Noise Control Act of 1972, which
authorizes EPA to revise the current
compliance test methodologies as
necessary, and incorporate new test
methods and rating schemes to address
hearing protector technologies that have
evolved since initial promulgation of
the regulation in 1979.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5102
Agency Contact: Ken Feith,
Environmental Protection Agency, Air
and Radiation, 6103, Washington, DC
20460
Phone: 202 564-1679
Fax: 202 564-1677
Email: feith.ken@epamail.epa.gov
Catrice lefferson, Environmental
Protection Agency, Air and Radiation,
6103, Washington, DC 20460
Phone: 202 564-1668
Fax: 202 564-1677
Email:
jefferson.catrice@epamail.epa.gov
RIN: 2060-AO25
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
P re rule Stage
3141.* PESTICIDES;
RECONSIDERATION OF EXEMPTIONS
FOR INSECT REPELLENTS
Priority: Routine and Frequent
Legal Authority: FIFRA sec 3 and 25
CFR Citation: 40 CFR 152.25
Legal Deadline: None
Abstract: On March 15, 2006, the
Consumer Specialty Products
Association (CSPA) petitioned EPA to
modify the Minimum Risk Pesticides
exemption under 40 CFR 152.25(f).
Specifically, CSPA requested that EPA
change section 152.25(f) to exclude
from the exemption those pesticides
that claim to control "pests of
significant public health importance"
and require an abbreviated registration
for any products that are to be used
for the control of public health pests.
The Agency agrees that the concerns
have merit. In this action, EPA will
explore options, including potential
rulemaking, to respond to these
concerns.
Timetable:
Action
Date
FR Cite
ANPRM 07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5183
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epamail.epa.gov
Jennifer Mclain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Fax: 703 305-5884
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ45
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3142. 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
85
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
availability of pesticides for minor crop
uses. The first revision in a series of
revisions to the crop grouping
regulations was finalized in December
2007. The next action is expected in
2009.
Timetable:
Action
NPRM1
Final Action 1
Final Action 1 ;
Date FR Cite
05/23/07 72 FR 28920
12/07/07 72 FR 69 150
01/02/08 73FR51
Technical
Amendment
NPRM2
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5031;
EPA publication information: NPRM 1
- http://www.epa.gov/fedrgstr/EPA-
PEST/2007/May/Day-23/p9595.htm;
EPA Docket information: EPA-HQ-OPP-
2006-0766
URL For More Information:
http://cfpubl.epa.gov/oppref/
food feed/index, cfm
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9068
Fax: 703 305-5884
Email: cromwell.rame@epa.gov
Jennifer Mclain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Fax: 703 305-5884
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ28
3143. REGULATIONS TO FACILITATE
COMPLIANCE WITH THE FEDERAL
INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT BY PRODUCERS
OF PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 174; 40 CFR 152;
40 CFR 156; 40 CFR 167; 40 CFR 168;
40 CFR 169; 40 CFR 172
Legal Deadline: None
Abstract: Plant-Incorporated
Protectants (PIPs) are pesticidal
substances intended to be produced
and used in living plants and the
genetic material needed for their
production. EPA has been regulating
PIPs under FIFRA, including issuing
experimental use permits and
commercial registrations, for over ten
years, with the first commercial
registration of a PIP under FIFRA
issued in 1995. On July 19, 2001, EPA
published rules establishing much of
the current regulatory structure for
PIPs. This rulemaking effort is intended
to address the issues that were not
addressed in 2001, including defining
the nature of regulated production of
PIPs and associated issues such as
reporting, product labeling and
recordkeeping. The rule will affect
those persons who produce PIPs and
is expected to clarify the legal
requirements of their products at
various production phases, improving
their ability to conduct business. It is
expected to also improve the ability of
the EPA to identify and respond to
instances where there are potentially
significant violations. EPA also intends
to address activities that the Agency
does not believe warrant regulation and
will consider exempting those
activities, as appropriate, from FIFRA
in whole or in part.
Timetable:
Action
Date FR Cite
04/04/07 72 FR 16312
04/11/07 72 FR 18191
ANPRM
Notice of Public
Meeting
ANPRM: Extension of 05/23/07 72 FR 28911
Comment Period
NPRM 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5082;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
PEST/2007/April/Day-04/p6151.htm;
EPA Docket information: EPA-HQ-OPP-
2006-1003
URL For More Information:
http://www.epa.gov/pesticides/
biopesticides/pips/proposals/
comments pip requirements.htm
Agency Contact: Stephen Howie,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-4146
Fax: 202 564-8502
Email: howie.stephen@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
RIN: 2070-AJ32
3144. 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) and
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a revision
of the Rules of Practice governing the
conduct of licensing adjudications
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The existing Rules of Practice
were originally promulgated by EPA in
1973. In the subsequent 35 years,
Congress has substantially amended
FIFRA, creating a number of additional
types of licensing adjudications which
are not expressly provided for in the
existing Rules of Practice. In order to
include provisions tailored to these
new types of proceedings, and to
incorporate the standard practices
which have evolved and the precedents
which have been established since
these rules were first promulgated, EPA
intends to revise the FIFRA Rules of
Practice.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/09
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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86
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Additional Information: SAN No. 4618;
Previous listed as RIN 2020-AA44.
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of General Counsel, 2333A,
Washington, DC 20460
Phone: 202 564-1047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perils, Environmental Protection
Agency, Office of General Counsel,
2333A, Washington, DC 20460
Phone: 202 564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
Related RIN: Previously reported as
2020-AA44
RIN: 2015-AAOO
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3145. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
POLICY AND PROCEDURES FOR
INITIAL SCREENING
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFRA
CFR Citation: None
Legal Deadline: None
Abstract: Section 408(p) of the Federal
Food, Drug, and Cosmetic Act, as
amended by the 1996 Food Quality
Protection Act, directs EPA to establish
and implement a program whereby
industry will be required to screen and
test all pesticide chemicals to
determine whether certain substances
may have an effect in humans that is
similar to an effect produced by a
naturally occurring estrogen, or such
other endocrine effect as the
Administrator may designate. The
requirements of section 408(p) were
implemented through the creation of
the Endocrine Disrupter Screening
Program (EDSP) in 1998. The EDSP has
the following three components that are
proceeding simultaneously:
1) Developing and validating assays
2) Setting chemical testing priorities
3) Establishing FFDCA section 408(p)
testing orders and related data
procedures
1) DEVELOPING AND VALIDATING
ASSAYS: Federal Advisory Committee
Act committees have been providing
advice to the EDSP on assay
development and validation since the
program's inception. On March 25-27,
2008, the FIFRA Science Advisory
Panel (SAP) reviewed the proposed
EDSP Tier 1 Screening Battery. The
FIFRA SAP Report dated lune 11, 2008,
recommended using the Agency's
proposed Tier 1 Screening Battery. The
"final" EDSP Tier 1 Screening Battery
will be published in the Federal
Register before the issuance of testing
orders.
2) SETTING CHEMICAL TESTING
PRIORITIES: For chemical testing
priorities, the approach to selecting the
first 50-100 chemicals was finalized in
September 2005 (70 FR 56449) and EPA
implemented that approach. EPA
published a draft list of 73 pesticide
active ingredients and high production
volume (HPV) pesticide inert chemicals
for initial screening in June 2007 (72
FR 33486). The public comment period
for the draft initial list ended on
February 11, 2008. EPA is revising the
list based on further review? and the
received public comments. A final
initial list will be published in the
Federal Register before issuance of
testing orders. 3) ESTABLISHING
FFDCA SECTION 408(P) TESTING
ORDERS AND RELATED DATA
PROCEDURES: EPA intends to
commence Tier 1 screening of the first
group of pesticide active ingredients by
issuing test orders under FFDCA
section 408(p) and FIFRA section
3(c)(2)(B) to entities identified as
technical pesticide registrants. EPA
intends to commence Tier 1 screening
of the first group of pesticide inert
ingredients by issuing test orders under
FFDCA section 408(p) to entities
identified as manufacturers/importers
of the identified chemicals. EPA has
developed draft implementation
policies and procedures that describe
the procedures that EPA will use to
issue orders, the procedures that order
recipients would use to respond to the
order, how data protection and
compensation will be addressed in the
test orders, and other related
procedures or policies. The draft
policies and procedures for the initial
EDSP testing was made available for
public comment with Federal Register
Notice published December 13, 2007
(72 FR 70842). The public comment
period for the draft policies and
procedures for the initial EDSP testing
was extended once to March 12, 2008.
EPA is revising the policies and
procedures for the initial EDSP Tier 1
Screening based on further review and
the received public comments. The
revised policies and procedures for the
initial EDSP Tier 1 Screening will be
published in the Federal Register before
issuance of testing orders.
EPA is finishing the revisions to the
initial list, the EDSP Tier 1 Screening
Battery, and the EDSP Policies and
Procedures as described above. EPA
intends begin issuing test orders early
in 2009.
Timetable:
Action
Date
FR Cite
Notice; Draft
Procedures
Final; Procedures
12/13/07 72 FR 70842
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4728;
EPA publication information: Notice;
Draft Procedures -
http://www.epa.gov/fedrgstr/EPA-
TOX/2007/December/Day-
13/t24166.pdf; EPA Docket information:
EPA-HQ-OPPT-2007-1080
URL For More Information:
http://www.epa.gov/scipoly/oscpendo/
index.htm
Agency Contact: William Wooge,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7203M, Washington,
DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: wooge.william@epa.gov
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Environment Protection Agency Fall 2008 Regulatory Agenda
87
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7203M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8483
Email: timm.gary@epa.gov
RIN: 2070-AD61
3146. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: As proposed, this regulation
would have established Pesticide
Management Plans (PMPs) as a new
regulatory requirement for certain
pesticides. Unless a State or tribal
authority had an EPA-approved Plan
specifying risk-reduction measures, use
of the chemical would be prohibited.
The rule would also specify procedures
and deadlines for development,
approval and modification of plans by
States and tribal authorities. Several
parameters of the program described in
the proposed rule were reconsidered to
determine whether the program could
address water quality issues rather than
groundwater only, and to determine the
best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33259
Notice; Metolachlor 02/23/00 65 FR 8925
Supplemental Notice 03/24/00 65 FR 15885
& Extension of
Comment Period
Notice: Withdrawal of 11/00/08
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3222;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
PEST/1996/June/Day-26/pr-768.html
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Charles Evans,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-7199
Email: evans.charles@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AC46
3147. • PESTICIDES; TECHNICAL
AMENDMENTS
Priority: Routine and Frequent
Legal Authority: 7 USC 136 et seq; 21
USC 346a
CFR Citation: 40 CFR 150 tol80
Legal Deadline: None
Abstract: EPA has reviewed its
pesticide regulations contained in 40
CFR parts 150 to 180 and is making
technical changes in a number of areas.
These technical changes will correct
errors and cross-references, improve
presentation and format, and conform
the regulations to current CFR practice.
These changes have no substantive
impact on any requirements.
Timetable:
Action
Date
FR Cite
Final Action
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5276;
EPA Docket information: EPA-HQ-OPP-
2008-0247
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Jennifer Mclain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Fax: 703 305-5884
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ42
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3148. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: EPA is proposing a regulation
that would require certain pesticide
registrants to recycle certain plastic
pesticide containers. All registrants
who sell agricultural and professional
specialty pesticides in rigid,
nonrefillable high density polyethylene
(HOPE) containersfwith capacities of 55
gallons or less) would have to recycle,
each year, a quantity of HOPE
equivalent to a specified percentage
(20, 30 or 40 percent or more) of the
weight of all rigid nonrefillable HOPE
containers used for their pesticide
products during the previous calendar
year. When promulgated, pesticide
container recycling programs subject to
the rule would be required to meet the
American National Standards Institute
and American Society of Agricultural
and Biological Engineers Standard S569
for "Recycling Plastic Containers from
Pesticides and Pesticide-Related
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88
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Products." The proposed regulation is
intended to protect human health and
the environment by reducing the risk
of unreasonable adverse effects to
public health and the environment that
may be associated with the improper
disposal of certain nonrefillable
pesticide containers and their
associated residues.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5050;
EPA Docket information: EPA-HQ-OPP-
2006-0688
Agency Contact: leanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ29
3149. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158 and 161
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial pesticide products. The
revisions will revise its existing data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for antimicrobial
pesticides, including product chemistry
and residue chemistry, toxicology, and
environmental fate and effects.
Action
Date FR Cite
NPRM
Final Action
10/08/08 73 FR 59381
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data, htm
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epamail.epa.gov
Jennifer Mclain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Fax: 703 305-5884
Email: mclain.jennifer@epa.gov
RIN: 2070-AD30
3150. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180; 40 CFR 178
Legal Deadline: None
Abstract: Section 408(m) of the Federal
Food, Drug, and Cosmetic Act requires
EPA to charge tolerance fees that, in
the aggregate, will cover all costs
associated with processing tolerance
actions, including filing a tolerance
petition, and establishing, modifying,
leaving in effect, or revoking a
tolerance or tolerance exemption. EPA
developed a final rule that would have
adjusted the fee structure and fee
amounts for tolerance actions. A final
rule completed OMB review on
December 31, 2003, but has not been
issued because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibits EPA from
collecting any tolerance 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: Lindsay Moose,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501P, Washington,
DC 20460
Phone: 703 305-7108
Fax: 703 305-6244
Email: moose.lindsay@epa.gov
RIN: 2070-AJ23
3151. 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
89
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel, or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat protein
genes from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
2001 Supplemental Proposal (66 FR
37855).
Timetable:
Action
NPRM Original
Supplemental NPRM
1
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Reproposal
Final Action
Date FR Cite
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27 132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
04/18/07 72 FR 19589
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
EPA publication information:
Supplemental NPRM 3-Request for
Comment on Alternate Name; This
action is a continuation of the action
described in RIN 2070-AC02. Since
several pieces of that action are now
finalized, the Agency is splitting this
piece into a separate Agenda entry so
that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://www.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Kenneth Haymes,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-0306
Fax: 202 564-8502
Email:
haymes.kenneth@epamail.epa.gov
RIN: 2070-AD49
3152. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: The Agency has determined
that the record for this action, which
was originally proposed in 1994, does
not address the scientific information
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
for PIPs derived through genetic
engineering from plants sexually
compatible with the recipient plant had
the potential to cover a number of low-
risk products. However, experience in
the last decade has shown that such
PIPs have not been developed in great
numbers. If EPA were to pursue such
an exemption in the future, the Agency
would issue a new proposed rule. As
such, EPA is considering withdrawing
the 1994 proposal. Withdrawing the
1994 proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date
FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66FR37855
4
Supplemental NPRM 08/20/01 66 FR 43552
5
Notice; Withdrawal of To Be Determined
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611;
EPA publication information:
Supplemental NPRM 4 -
http://www. epa.gov/fedrgstr/EPA-
PEST/2001/July/Day-19/pl7984.htm;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
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, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3153. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: The Agency has determined
that the record for this action, which
was originally proposed in 1994, does
not address the scientific information
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
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90
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
for PIPs that act by primarily affecting
the plant had the potential to cover a
number of low-risk products. However,
experience in the last decade has
shown that such PIPs have not been
developed in great numbers. If EPA
were to pursue such an exemption in
the future, the Agency would issue a
new proposed rule. As such, EPA is
considering withdrawing the 1994
proposal. Withdrawing the 1994
proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date FR Cite
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
To Be Determined
NPRM Original
Supplemental NPRM
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Notice; Withdrawal of
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is spliting
this piece into a separate Agenda entry
so that it can continue to be tracked.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/
biopesticides/pips/index.htm
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
lanet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3154. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
1361; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156;
40 CFR 152
Legal Deadline: None
Abstract: The EPA is proposing change
to federal regulations guiding the
certified pesticide applicator program
(40 CFR 171). Change is sought to
strengthen the regulations to better
protect pesticide applicators and the
public and the environment from harm
due to pesticide exposure. Changes may
include having certain occupational
users of pesticides demonstrate
competency by meeting minimum
competency requirements. The need for
change arose from EPA discussions
with key stakeholders. EPA has been
in extensive discussions with
stakeholders since 1997 when the
Certification and Training Assessment
Group (CTAG) was established. CTAG
is a forum used by regulatory and
academic stakeholders to discuss the
current state of, and the need for
improvements in, the national certified
pesticide applicator program.
Throughout these extensive interactions
with stakeholders, EPA has learned of
the need for changes to the regulation.
Timetable:
Action
Date
FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5007;
EPA Docket information: EPA-HQ-OPP-
2005-0561
URL For More Information:
www.epa.gov/pesticides/
health/worker.htm
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ20
3155. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Other Significant
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 intended to
improve agricultural workers' ability to
protect themselves from potential
exposure to pesticides and pesticide
residues. In addition, EPA is proposing
to make adjustments to improve and
clarify current requirements and
facilitate enforcement. Other changes
sought are to establish a right-to-know
Hazard Communication program and
make improvements to pesticide safety
training, with improved worker safety
the intended outcome. The need for
change arose from EPA discussions
with key stakeholders beginning in
1996 and continuing through 2004.
EPA held nine public meetings
throughout the country during which
the public submitted written and verbal
comments on issues of their concern.
In 2000 through 2004, EPA held
meetings where invited stakeholders
identified their issues and concerns
with the regulations.
Timetable:
Action
Date FR Cite
NPRM
06/00/10
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Environment Protection Agency Fall 2008 Regulatory Agenda
91
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 5006;
EPA Docket information: EPA-HQ-OPP-
2005-0561
URL For More Information:
http://www.epa.gov/pesticides/health/
worker.htm
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-A122
3156. 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:
Timetable:
Action
NPRM
Notice
Final Action 1
Final Action 2
Date FR Cite
09/17/99 64 FR 50671
11/16/99 64 FR 621 45
12/14/01 66 FR 64759
To Be Determined
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: Final
Action 1 - frwebgate.access.gpo.gov/cgi-
bin/getdoc. cgi?dbname=
2001_register& docid=frl4de01-9.pdf
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
www.epa.gov/oppad001/ regpolicy.htm
Agency Contact: Jennifer Mclain,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-0293
Fax: 703 305-5884
Email: mclain.jennifer@epa.gov
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510P,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa.gov
RIN: 2070-AD14
3157. PESTICIDES; DETERMINATION
OF STATUS OF PRIONS AS PESTS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 40 CFR 152.5(d)
Legal Deadline: None
Abstract: In 2004, the Agency stated
that it considered prions (proteinaceous
infectious particles) to be a "pest"
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The Agency intends to issue
a Notice of Proposed Rulemaking that
will propose to incorporate prions into
the definition of "pests" at 40 CFR
152.5(d).
NPRM
01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4985
Agency Contact: Carlton Kempter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510P, Washington,
DC 20460
Phone: 703 305-5448
Fax: 703 308-6467
Email: kempter.carlton@epa.gov
Betty Shackleford, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7510P, Washington, DC
20460
Phone: 703 308-8169
Email: shackleford.betty@epa.gov
RIN: 2070-AJ26
3158. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC I36a; 7 USC
136w
CFR Citation: 40 CFR 158; 40 CFR 174
Legal Deadline: None
Abstract: EPA intends to propose
codifying data requirements for the
pesticide registration of plant-
incorporated protectants (PIPs). These
data requirements are intended to
provide EPA with data and other
information necessary for the
registration of PIPs. These requirements
would improve the Agency's ability to
make regulatory decisions about the
human health and environmental
effects of these products. By codifying
data requirements specific to PIPs, the
regulated community would have a
better understanding of and could
better prepare for the registration
process. This proposed rule is one in
a series of proposals to update and
clarify pesticide data requirements.
Timetable:
Action
Date
FR Cite
NPRM
12/00/09
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92
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 5005
URL For More Information:
http://www.epa.gov/oppbppdl/
biopesticides/pips/index.htm
Agency Contact: Rose Kyprianou,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5354
Email: kyprianou.rose@epa.gov
Chris Wozniak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-4043
Fax: 703 308-7026
Email: wozniak.chris@epa.gov
RIN: 2070-A127
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3159. PESTICIDES; REVISIONS TO
PESTICIDE
CONTAINER/CONTAINMENT RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 156; 40 CFR 165
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/11/08 73 FR 33035
10/29/08 73 FR 64215
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: leanne Kasai
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz
Phone: 703 305-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ37
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
P re rule Stage
3160. TEST RULE; NONYLPHENOL
(NP) AND ITS ETHOXYLATES (NPE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: In June 2007, EPA received
a petition under section 21 of the Toxic
Substances Control Act (TSCA)
requesting that EPA require
manufacturers and importers of
nonylphenol (NP) and nonylphenol
ethoxylates (NPEs) to conduct certain
health and safety studies under TSCA
section 4. Based on its review? of the
information submitted in support of the
petition, additional information
obtained by EPA, and public
comments, EPA granted the request to
initiate a proceeding to require chronic
aquatic toxicity testing. In order to
develop a properly tailored test
requirement that would provide EPA
with sufficient data to make a reasoned
evaluation of the environmental effects
of NPEs, EPA will commence the
proceeding by issuing an ANPRM that
solicits public comment on several
testing issues prior to the issuance of
any proposed rule. In this ANPRM,
EPA also intends to request public
comment on potential additional testing
related to certain of the other section
4 requests for NP and NPEs raised in
the petition.
Timetable:
Action
Date
FR Cite
ANPRM
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5187
Agency Contact: John Schaeffer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ34
3161. • POLYCHLORINATED
BIPHENYLS (PCBS); USE AND
DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(2) of the Toxic
Substances Control Act (TSCA)
prohibits, among other activities, the
distribution in commerce and use of
PCBs in a manner other than in a
totally enclosed manner, unless the
Administrator authorizes such activity
by rule. To make such an authorization,
the Administrator must find that the
activity will not present an
unreasonable risk of injury to health or
the environment. EPA is reevaluating
its TSCA PCB use and distribution in
commerce regulations, 40 CFR subparts
B and C, to address: (1) The use,
distribution in commerce, marking and
storage for reuse of liquid PCBs in
equipment (2) the use of air, gas and
liquid pipelines and transmission
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Environment Protection Agency Fall 2008 Regulatory Agenda
93
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
systems containing or contaminated
with PCBs, (3) the use of non-liquid
PCBs in carbonless copy paper, and (4)
the use and distribution in commerce
of PCBs in porous surfaces. EPA is also
reevaluating certain definitions in 40
CFR section 761.3. EPA is soliciting
written comments on these and other
areas of the PCB use regulations. EPA
is not soliciting comments on the PCB
disposal regulations in this notice.
Timetable:
Action
Date
FR Cite
ANPRM
05/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5256
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
John H. Smith, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0512
Fax: 202 566-0473
Email: smith.johnh@epa.gov
RIN: 2070-AJ38
3162. • FORMALDEHYDE EMISSIONS
FROM PRESSED WOOD PRODUCTS
Regulatory Plan: This entry is Seq. No.
100 in part II of this issue of the
Federal Register.
RIN: 2070-AJ44
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3163. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to full notice and comment
procedures and are listed below.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM: Aromatic
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether
ofAlkanetriol
Polymer (93-458)
NPRM: Certain
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
NPRM: Batch SNUR
Revocation
Direct Final Action:
Certain Chemical
Substances Batch
FY07-1
Direct Final Action:
Certain Chemical
Substances, Batch
FY07-2
NPRM—Proposed
SNURs on Certain
Chemical
Substances
Direct Final Action:
Certain Chemical
Substances, Batch
FY08-1
06/06/94 59 FR29255 Small Entities Affected: Businesses
Direct Final Action:
Certain Chemical
Substances, Batch
FY09-1
Final Action: Batch 12/00/09
SNUR Revocation
Final: Alkenyl Ether of 12/00/09
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino 12/00/09
Ether (P90-1840)
12/19/94 59 FR 65289
06/26/97 62 FR 34421
10/06/06 71 FR 59066
03/29/07 72 FR 14681
09/19/07 72 FR 53470
05/00/09
05/00/09
12/00/09
Government Levels Affected: None
Additional Information: SAN No. 3495;
EPA publication information: NPRM:
Batch SNUR Revocation -
http://www. epa.gov/fedrgstr/EPA-
TOX/2006/October/Day-06/tl6574.htm
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http://www.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-9490
Email: schweer.greg@epa.gov
RIN: 2070-AB27
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94
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3164. SIGNIFICANT NEW USE RULE
FOR ELEMENTAL MERCURY IN FLOW
METERS, MANOMETERS, AND
PYROMETERS
Priority: Routine and Frequent
Legal Authority: TSCA sec 5(a)
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Elemental mercury has been
used in many industrial and consumer
applications, due to its unique
properties. Certain uses of elemental
mercury can lead to releases to the
environment during manufacturing,
recycling, or disposal. Under certain
conditions, mercury in the environment
can cause adverse effects in humans
and wildlife. Some State governments
have restricted certain uses of mercury
use and have requested federal action
to bolster these efforts. In 2006, EPA
committed to pursue reductions in
mercury used in switches, relays, and
measuring devices. In 2007, EPA issued
a Significant New Use Rule (SNUR) for
elemental mercury used in certain
switches previously installed in motor
vehicles. EPA has now identified three
more discontinued uses of mercury that
have cost-effective alternatives. The
discontinued uses of mercury are use
in flow meters, manometers on oil and
gas pipelines, and pyrometers. The
SNUR would require persons to notify
EPA at least 90 days before
commencing the manufacture or
processing of mercury for these three
uses.
Timetable:
Phone: 202 566-0514
RIN:2070-AJ36
Action
Date FR Cite
NPRM
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5238
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1973
Email: slotnick.sue@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
3165. 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 developing test rules
under section 4(a) of the Toxic
Substances Control Act (TSCA) to
require testing and recordkeeping
requirements for certain high
production volume (HPV) chemicals
(i.e., chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis) that have not been
sponsored under the voluntary HPV
Challenge Program. Although varied
based on specific data needs for the
particular chemical, the data generally
collected under these rules may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity, mutagenicity,
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. When finalized on March 16,
2006, the number of chemicals
included in the first final rule was
reduced to 17 based on new
information on annual production
volumes, worker exposure, and
commitments to the voluntary HPV
Challenge Program. A second test rule,
published in July 2008 for 19
chemicals, is expected to be finalized
in late 2009. Subsequent test rules,
including a third proposed rule
scheduled to be published in early
2009 are expected to require similar
screening level testing for additional
unsponsored HPV Challenge Program
chemicals.
Timetable:
Action
Date FR Cite
NPRM
Final Action
Direct Final Action;
Revocation;
Coke-Oven Light
Oil (Coal)
NPRM2
NPRM3
Final Action2
12/26/00 65 FR 81658
03/16/06 71 FR 13709
12/08/06 71 FR71058
07/24/08 73 FR 43314
08/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 3990;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2000/December/Day-
26/t32497.htm; ; EPA Docket
information: EPA-HQ-OPPT-2005-0033
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http://www.epa.gov/opptintr/chemtest
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Fax: 202 564-4765
Email: campanella.paul@epa.gov
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
RIN: 2070-AD16
3166. • ELECTRONIC
PREMANUFACTURE NOTICE (PMN)
REPORTING
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2604; 44 USC
3504
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is proposing
amendments to the Toxic Substances
Control Act (TSCA) section 5
Premanufacture Notification (PMN)
regulations to facilitate the introduction
and use of a new electronic reporting
form (ePMN). Once established,
chemical companies will, for the first
time, be able to use the Internet,
through EPA's Central Data Exchange
(CDX), to submit ePMNs to EPA. EPA
is also proposing to allow PMN
submissions either on CD ROM or on
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Environment Protection Agency Fall 2008 Regulatory Agenda
95
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
paper until a specific date, after which
time the paper form will no longer be
available.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5270
Agency Contact: Kenneth Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9232
Email: moss.kenneth@epamail.epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9064
Email: passe.loraine@epamail.epa.gov
RIN: 2070-AJ41
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3167. • LEAD-BASED PAINT
ACTIVITIES; FEES FOR
ACCREDITATION OF TRAINING
PROGRAMS AND CERTIFICATION OF
LEAD-BASED PAINT ACTIVITIES
CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As specified in section
402(a)(3) of the Toxic Substances
Control Act (TSCA), EPA must
establish and implement a fee schedule
to recover for the U.S. Treasury the
Agency's cost of administering and
enforcing the standards and
requirements applicable to lead-based
paint training programs and contractors
engaged in lead-based paint activities.
Specifically, this rule proposes to
establish fees to be charged in those
States and Indian country without
authorized programs, for training
programs seeking accreditation under
40 CFR 745.225 and for individuals or
firms engaged in lead-based paint
activities seeking certification under 40
CFR 745.226. EPA's Federal lead
program will establish fees for training
programs and firms covered under the
2008 Renovation, Repair, and Painting
rule and the fees will be updated
(based on current economics) for
training programs, firms and
individuals covered under the
accreditation and certification programs
for lead-based paint activities.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/21/08 73 FR 49378
09/22/08
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5271;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/August/Day-21/tl 9432.pdf;
EPA Docket information: EPA-HQ-
OPPT-2008-0382
URL For More Information:
http ://www. epa.gov/lead/
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0758
Fax: 202 566-0470
Email: edmonds.marc@epamail.epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Fax: 202 566-0470
Email: wheeler.cindy@epamail.epa.gov
RIN:2070-AJ40
3168. CLARIFICATION ON TSCA
INVENTORY STATUS OF ACTIVATED
PHOSPHORS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: EPA is clarifying the
chemical identification of activated
phosphors for purposes of the Toxic
Substances Control Act (TSCA)
Chemical Substance Inventory (TSCA
Inventory). When an activated
phosphor chemical is electrically
excited, it emits light and the chemicals
are then used in applications such as
televisions, identifying counterfeit bills,
and light-emitting diodes (LEDs).
Specifically, the Agency is clarifying
that an activated phosphor not
currently listed on the TSCA Inventory
is considered a new chemical under
TSCA. Prior to initiating the
manufacture or import of a new
chemical, TSCA section 5 requires a
company to submit a premanufacture
notice (PMN) to EPA. Apparently the
Inventory status of activated phosphors
has not been well understood by
industry and several firms have
initiated the manufacture of activated
phosphor materials that are not listed
on the TSCA Inventory without having
submitted the required PMN. EPA has
sought public comment through a
clarification proposed in the Federal
Register on draft interpretation in this
area to ensure that the necessary clarity
is provided. EPA intends to complete
this activity with a Final notice in late
2008.
Timetable:
Action
Date FR Cite
Notice; Proposed 01/16/08 73 FR 2854
Clarification
Reopening of 05/02/08 73 FR 24187
Comment Period
Final Clarification 11 /00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4984;
EPA publication information: Notice;
Proposed Clarification -
http ://www. epa.gov/fedrgstr/EPA-
TOX/2008/January/Day-16/t681.pdf;
EPA Docket information: EPA-HQ-
OPPT-2007-0392
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
URL For More Information:
http://www.epa.gov/opptintr/
newchems/pubs/invntory.htm
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: schutz.david@epa.gov
Miriam Wiggins-Lewis, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9373
Fax: 202 564-9262
Email: wigginslewis.miriam@epa.gov
RIN: 2070-A121
3169. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR CERTAIN
POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: On March 7, 2006, EPA
proposed an amendment to the Polymer
Exemption Rule, which provides an
exemption from the premanufacture
notification (PMN) requirements of the
Toxic Substances Control Act (TSCA).
The proposed amendment would
exclude from eligibility polymers
containing as an integral part of their
composition, except as impurities,
certain perfluoroalkyl moieties
consisting of a CF3- or longer chain
length. This proposed exclusion
includes polymers that contain any one
or more of the following: perfluoroalkyl
sulfonates (PFAS); perfluoroalkyl
carboxylates (PFAC); fluorotelomers; or
perfluoroalkyl moieties that are
covalently bound to either a carbon or
sulfur atom where the carbon or sulfur
atom is an integral part of the polymer
molecule. If finalized as proposed, any
person who intends to manufacture (or
import) any of these polymers not
already on the TSCA Inventory would
have to complete the TSCA
premanufacture review? process prior to
commencing the manufacture or import
of such polymers. EPA believes this
proposed change to the current
regulation is necessary because, based
on recent information, EPA can no
longer conclude that these polymers
"will not present an unreasonable risk
to human health or the environment,"
which is the determination necessary
to support an exemption under TSCA,
such as the Polymer Exemption Rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/07/06 71 FR11485
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2006/March/Day-07/t2152.pdf;
EPA Docket information: EPA-HQ-
OPPT-2002-0051
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
URL For More Information:
http://www.epa.gov/oppt/newchems/
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Kenneth Moss, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9232
Email: moss.kenneth@epamail.epa.gov
RIN: 2070-AD58
3170. REFRACTORY CERAMIC
FIBERS (RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals including Refractory Ceramic
Fibers (RCFs). RCFs are amorphous
synthetic fibers that part of larger group
called synthetic vitreous fibers (SVFs).
RCFs are made by either "spinning" or
"blowing" and are used primarily for
high temperature industrial insulation
purposes (e.g., furnaces, heaters, kilns)
in addition to automotive applications,
aerospace uses, and in certain other
industrial applications. As chemicals of
potential concern are identified, EPA
will initiate rulemakings under the
Toxic Substances Control Act (TSCA)
when appropriate, to require reporting
by the manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date FR Cite
NPRM Original
Final Action
03/21/94 59 FR 13294
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
3171. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: PFOA is a synthetic (man-
made) chemical that does not occur
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Environment Protection Agency Fall 2008 Regulatory Agenda
97
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
naturally in the environment. EPA
identified data gaps regarding the
sources and exposure pathways of
PFOA and is seeking additional data
concerning the potential relationship
between fluoropolymer and
fluorotelomer based polymer chemicals
and PFOA. EPA has invited interested
parties to monitor and participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers which
may metabolize or degrade to PFOA.
These testing programs would be set in
place preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of the Toxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section 4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date FR Cite
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: Receipt of 09/00/09
Telomer Report
Notice: Receipt of 10/00/09
Fluoropolymer
Report
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.1; EPA publication information:
Final: EGA and CO for Fluorotelomer-
based Polymer Chemicals Incineration
- www.epa.gov/fedrgstr/EPA-
TOX/2005/luly/Day-08/tl3492.htm;
EPA Docket information: EPA-HQ-
OPPT-2003-0012
URL For More Information:
www.epa.gov/oppt/ pfoa/index.htm
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
Rich Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epa.gov
RIN:2070-AJ06
3172. HAPS TESTING AGREEMENT
FOR DIETHANOLAMINE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rule-
making. In developing EGAs and VTAs
EPA may consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including diethanolamine
(61 FR 33178, lune 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Alkanolamines
Panel submitted a proposal on
November 25, 1996 for alternative
testing involving PK studies.
ORD/NCEA performed a technical
analysis of the proposal in November
of 1997. A public meeting was held on
February 24, 1998. The Alkanolamines
Panel of ACC has submitted three
update letters, one in April 1999, one
in May of 2003 and one in January of
2005. Under this action, EPA will
continue negotiations to develop an
EGA that will provide the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final: EGA and
Consent Order
06/00/09
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: Bob Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ09
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98
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3173. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d) TSCA
8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require chemical
manufacturers, importers, and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) section 8(d) Health and
Safety Data Reporting Rule (40 CFR
part 716). These chemicals have been
identified by the Office of Pollution
Prevention and Toxics, other EPA
offices, and other Federal agencies, as
well as recommended for testing
consideration by the Interagency
Testing Committee (ITC). The
Regulatory Agenda identifies the most
recent rules and any anticipated rules.
Timetable:
Action
Date
FR Cite
Final Rule for 51st ITC 05/04/04 69 FR 24517
List (has actions
from lists 43, 47,
and 50)
Final Rule for 55th 08/16/06 71 FR 47130
56th and 58th ITC
Lists
Final Rule for 60th ITC 01/29/08 73 FR 5109
List
Final Rule for ITC List 07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
EPA publication information: Final
Rule for 55th 56th and 58th ITC Lists
— http://www.epa.gov/fedrgstr/EPA-
TOX/2006/August/Day-16/tl3489.htm
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Lawerence Carter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-6643
Fax: 202 564-4765
Email: carter.lawerence@epa.gov
Gerry Brown, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov
RIN: 2070-ABll
3174. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (EDF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act (TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
petition, however, the Agency believes
that a labeling provision would not
adequately address the risk of injury to
waterfowl and other birds (waterbirds),
from ingestion of lead fishing sinkers.
In addition, EPA also believes that zinc
fishing sinkers adversely affect
waterbirds, and can cause mortality.
Therefore, EPA has proposed a rule
under section 6(a) of TSCA to prohibit
the manufacturing, processing, and
distribution in commerce in the United
States, of certain smaller size fishing
sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass. EPA intends to
publish a notice withdrawing the
proposal.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Notice: Withdrawal of
NPRM
05/13/91 56 FR 22096
03/09/94 59 FR 11122
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0486
Fax: 202 566-0474
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@epamail.epa.gov
RIN: 2070-AC21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3175. 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
(ASHARA) 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
99
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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 FR Cite
05/13/92 57 FR 20438
02/03/94 59 FR 5236
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
http://www.epa.gov/asbestos/
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Shiela Canavan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Email: canavan.shiela@epa.gov
RIN: 2070-AC51
3176. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory) because current
enzyme listings were too broad and did
not adequately differentiate between
newly developed enzymes and existing
Inventory listings. 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
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4878;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
TOX/2004/November/Day-
15/t25307.htm; EPA Docket
information: EPA-HQ-OPPT-2003-0058
Agency Contact: Greg Fritz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8583
Fax: 202 564-9490
Email: fritz.greg@epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9064
Email: passe.loraine@epamail.epa.gov
RIN: 2070-AJ04
3177. POLYCHLORINATED
BIPHENYLS (PCBS);
MANUFACTURING (IMPORT)
EXEMPTION FOR DISPOSAL
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. This entry is intended
to capture petitions that request an
exemption to dispose of PCBs. These
petitions are managed by the Office of
Solid Waste. Any petitions for
exemptions to manufacture PCBs other
than import for disposal are still
managed by the Office of Pollution
Prevention and Toxics, and are
captured by a separate Regulatory
Agenda entry.
Currently, one petition is pending. On
November 14, 2006, Veolia ES
Technical Solutions submitted a
petition to EPA to import up to 20,000
tons of PCB waste from Mexico for
disposal at Veolia's TSCA-approved
facility in Port Arthur, Texas.
Timetable:
Action
Date FR Cite
NPRM: Veolia Petition 03/06/08 73 FR 12053
Extension of Comment 04/21/08 73 FR 21299
Period Notice
Notice of Informal 05/19/08 73 FR 28786
Public Hearing
Final: Veolia Petition 12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
effects, or otherwise be of international
interest.
Additional Information: SAN No.
2150.2; EPA publication information:
NPRM: Veolia Petition -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/March/Day-06/t4429.pdf;
Split from RIN 2070-AB20.; EPA Docket
information: EPA-HQ-RCRA-2008-0123
URL For More Information:
www. epa.gov/pcb
Agency Contact: William Noggle,
Environmental Protection Agency,
Solid Waste and Emergency Response,
7404T, Washington, DC 20460
Phone: 703 347-8769
Fax: 202 566-0473
Email: noggle.william@epamail.epa.gov
Frank Mcalister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 7404T,
Washington, DC 20460
Phone: 703 308-8196
Fax: 202 566-0473
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AG42
3178. POLYCHLORINATED
BIPHENYLS (PCBS); PETITIONS
SEEKING A MANUFACTURING
(IMPORT) EXEMPTION FOR USE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(e)(3)(B)"
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. This entry is intended
to capture petitions that request an
exemption to use PCBS. These petitions
are managed by the Office of Pollution
Prevention and Toxics. Petitions that
request an exemption to dispose of
PCBs are managed by the Office of
Solid Waste and are captured by a
separate Regulatory Agenda entry.
Currently, no petitions are pending.
Timetable:
Action
Date FR Cite
NPRM:New DOD
Petition
Final Action: DOD
Petition
NPRM
04/30/07 72 FR 21190
09/18/07 72 FR 53152
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2150
URL For More Information:
www. epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Related RIN: Previously reported as
2070-AB20
RIN:2070-AJ39
3179. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the "Act") of
a premanufacture notice, a significant
new use notice or an exemption notice
to EPA for the chemical substance. The
Agency has not always required the
transferee to submit a new notice and
has allowed the transferee to
manufacture the chemical substance
under the original company's
authorization. Because there are no
rules or definitive guidance concerning
the procedures regarding transfer of
ownership, this issue has not been
addressed in a clear and consistent
manner. Furthermore, it is not always
clear when the transferee is liable
under the Act to the same extent as
the transferor. Therefore, to clarify
these issues, EPA proposes to adopt a
rule to accomplish several purposes: (1)
To provide a clear procedural
mechanism to address such transfers;
(2) to require the transferee to
specifically assume all of the legal
obligations associated with the
transferred right to manufacture; and
(3) to provide notice to the Agency of
a proposed transfer thereby allowing
the Agency to engage in more
meaningful compliance monitoring.
Timetable:
Action
Date FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975
Agency Contact: Miriam Wigganslewis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9373
Fax: 202 564-1256
Email: wigganslewis.miriam@epa.gov
RIN: 2070-AJ15
3180. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review?. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
In instances where no such
determination is made and no consent
order is issued under section 5(e) of
TSCA, EPA may issue Significant New
Use Rules (SNURs) requiring 90-day
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Environment Protection Agency Fall 2008 Regulatory Agenda
101
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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 12/00/09
Final: 86-566 12/00/09
Final: Aluminum 12/00/09
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:
www. epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-9490
Email: schweer.greg@epa.gov
RIN: 2070-AA59
3181. 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 as chemicals are
identified.
Timetable:
Action
Date FR Cite
NPRM: 09/27/89 54 FR 39548
2,4-Pentanedione
NPRM: Heavy Metals 01/15/02 67 FR 1937
Final: 2,4 12/00/09
Pentanedione
Final: Heavy Metals 12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 1923
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AA58
3182. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: In support of the residential
upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
Substances Control Act (TSCA)
covering certain flame retardant
chemicals that may be used in RUF to
meet the RUF Flammability Standard.
The SNUR would require companies
intending to import, manufacture or
process these chemicals for use as a
flame retardant in RUF to submit a
significant new use notice (SNUN) to
the Agency at least 90 days prior to
beginning those activities. The required
notice would provide EPA with the
opportunity to evaluate their use as
flame retardant chemicals in RUF, and
if necessary to prohibit or limit such
activity before it occurs to prevent any
unreasonable risk of injury to human
health or the environment.
Timetable:
Action
Date FR Cite
NPRM
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4512;
EPA Docket information: EPA-HQ-
OPPT-2002-0074
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
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Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
3183. SIGNIFICANT NEW USE RULE
FOR CHLORANIL
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"; 15 USC 2607 "TSCA 8"
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: Chloranil is used as a basic
feedstock for certain dyes and pigments
and in the production of rubber tires.
Chloranil was one of the chemicals
identified for testing in the
Dioxin/Furan (D/F) test rule. Early
testing results revealed that dioxin
levels in Chloranil could vary by more
than two orders of magnitude
depending on the chemical
manufacturing process involved. It
appeared that the "low dioxin"
manufacturing process could produce
Chloranil with dioxin contamination
levels below 20 ppb TEQ. Based on this
information, EPA entered into a formal
agreement with Chloranil importers
(there was no domestic production of
"high dioxin" Chloranil) to only import
Chloranil made through the "low
dioxin" process. As a follow? up to this
agreement, a Chloranil Significant New
Use Rule (SNUR) was proposed in
1993. Under the provisions of the draft
SNUR any Chloranil imported or
domestically produced with dioxin
contamination levels greater than 20
ppb TEQ would be considered a new
use and require reporting under section
5(a)(l)(A) of the Toxic Substances
Control Act. In the SNUR proposal EPA
stated that it would not promulgate a
final rule until it had all of the D/F
test rule data. EPA accepted the final
test rule data in June of 2001. The test
rule requirements continue to apply to
any new manufacturer or importer of
Chloranil. No new importer or
manufacturer has identified themselves,
although EPA has received inquiries
from time to time about the
applicability of the test rule to new
imports. OPPT therefore believes that
all importation of Chloranil is still
covered under the formal agreements
and that there is no current import or
domestic manufacture of high dioxin
Chloranil. Because a significant time
has passed since proposal, OPPT
reopened the comment period in 2007.
Timetable:
Action
Date FR Cite
NPRM Original
Reopening of
Comment Period
Final Action
05/12/93 58 FR 28000
01/30/07 72 FR 4224
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
1923.1; EPA publication information:
Reopening of Comment Period -
http://www.epa.gov/fedrgstr/EPA-
TOX/2007/January/Day-30/tl413.htm;
Split from RIN 2070-AA58.
Agency Contact: Dwain Winters,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1977
Fax: 202 566-0470
Email: winters.dwain®.epa.gov
Brian Symmes, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1983
Fax: 202 566-0470
Email: symmes.brian@epa.gov
RIN:2070-AJ31
3184. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is developing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of four chemicals to fulfill data needs
identified by the Agency for the Toxic
Substances and Disease Registry
(ATSDR) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 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
NPRM Extension of
Comment Period
Final Action
10/20/06 71 FR61926
12/18/06 71 FR 75704
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
EPA publication information: NPRM -
http://www. epa.gov/ fedrgstr/EPA-
AIR/2006/October/Day-20/al7569.htm;
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Environment Protection Agency Fall 2008 Regulatory Agenda
103
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
EPA Docket information: EPA-HQ-
OPPT-2002-0073
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert 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@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB79
3185. TESTING FOR EXISTING
CHEMICALS (OVERVIEW ENTRY FOR
FUTURE NEEDS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced and
enters the environment in substantial
quantities or there is or may be
significant or substantial human
exposure to the chemical, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop data via TSCA Section 4
Enforceable Consent Agreements
(EGAs) and Voluntary Testing
Agreements (VTAs). EGAs and VTAs
are usually less resource intensive than
formal TSCA rule-making. In
developing EGAs or VTAs EPA may
consider agreed-upon pollution
prevention and other types of product
stewardship initiatives by the chemical
industry as a possible substitute for or
adjunct to certain types of testing. For
chemicals that have been designated for
priority testing consideration by the
Interagency Testing Committee (ITC)
the Agency will consider whether to
require testing of the chemical through
rulemaking or EGA or will publish a
notice which provides the reasons for
not doing so in the case of a particular
chemical (such reasons may involve the
existence of a VTA). The Agency may
also consider test rules, EGAs or VTAs
for chemicals or categories of chemicals
which have been identified for testing
consideration by other Federal or other
EPA offices through EPA review?
processes. This regulatory agenda entry
is considered a "generic entry" because
it is intended to alert the public that
within the next 6 months the Agency
may consider other chemicals for test
rules, EGAs or VTAs that are not yet
identified. A separate activity specific
entry will be included in the regulatory
agenda once the Agency decides to
develop a test rule, EGA or VTA.
Timetable:
Action
Date FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http://www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB94
3186. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
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 of the pilot. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
15 chemicals have been evaluated in
the peer consultation process and
decisions have been made on whether
additional data are needed for 13 of the
15. Information on VCCEP and the
chemical assessments submitted to date
are available to the public on the
Agency's Web site. Although not
currently involving a rulemaking, EPA
has included this pilot program in the
Regulatory Agenda to inform the public
about activities like this related to its
chemical testing program.
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 11/20/06 71 FR 67121
Evaluation Request
for Feedback
Notice To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876;
EPA publication information: Notice:
Initiation of Stakeholder Process &
Public Meeting -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/1999/August/Day-
26/g22203.htm;
www. epa.gov/chemrtk/vccep/
index.htm; EPA Docket information:
EPA-HQ-OPPT-2006-0341
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104
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http://www.epa.gov/oppt/vccep/
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8171
Fax: 202 564-4765
Email: penberthy.ward®.epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
3187. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR33178
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
2
NPRM—Reproposal 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/1996/June/Day-26/pr-
24153DIR/pr-24153.pdf;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http://www.epa.gov/oppt/chemtest
Agency Contact: Bob lones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AC76
3188. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agency's
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4(a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1) and the
Clean Air Act (CAA) section 112.
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific communities. Data from this
action would also be used to
implement several provisions of section
112 of the CAA, including determining
risks remaining after the application of
technology based on standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section 112(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:
http://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@epa.gov
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Environment Protection Agency Fall 2008 Regulatory Agenda
105
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD10
3189. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. The
Agency is considering specific
chemicals which are not voluntarily
sponsored in the HPV Challenge
Program as candidates for rules under
Section 4 and 8 of the Toxic Substances
Control Act (TSCA). Although this
Initiative is not a rulemaking, EPA has
included it in the Regulatory Agenda
to inform the public.
Timetable:
Action
Date
FR Cite
Notice; Announces
Program
Notice: Report on
Status
12/26/00 65 FR 81686
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
EPA publication information: Notice;
Announces Program -
http://www.epa.gov/fedrgstr/EPA-
TOX/2000/December/Day-
26/t32497.pdf; See also items identified
under the following RINs 2070-AD09;
2070-AD38; RIN 2070-AD16; RIN 2070-
AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http ://www. epa.gov/chemrtk/
volchall.htm
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epa.gov
Jeffrey Taylor, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8828
Fax: 202 564-4775
Email: taylor.jeffrey@epa.gov
RIN: 2070-AD25
3190. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that the Office of
Pollution Prevention and Toxics
(OPPT) use its TSCA section 4 testing
authority to obtain health effects data
on a number of Oxygenated Fuel
Additives (OFAs). These data are
needed by EPA and others to increase
understanding of the toxicity of these
substances individually and in
comparison to each other as well as to
other OF As such as methyl t-butyl
ether (MTBE). EPA will be soliciting
interested parties to work on an
Enforceable Consent Agreement (EGA)
under TSCA section 4, through which
responsible parties can agree to provide
data to EPA. Although not currently a
rulemaking, EPA is including this in
the Regulatory Agenda to inform the
public of this activity 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:
http://www.epa.gov/oppt/chemtest
Agency Contact: John Schaeffer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD28
3191. 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
-------
106
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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:
http://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
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD44
3192. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On January 17, 1992 (57 FR
2138), EPA published a proposed TSCA
Section 4 test rule covering a number
of aryl phosphate base stocks. On
March 30, 1993, EPA announced
initiation of negotiations with the Aryl
Phosphates Panel of the Chemical
Manufacturers Association (now the
American Chemistry Council or ACC)
to develop a TSCA Section 4
Enforceable Consent Agreement (EGA)
for aryl phosphate base stocks as an
alternative approach to testing under
the proposed rule (58 FR 16669). On
October 9, 1998, EPA sent letters to the
Chief Executive Officers of companies,
including those who were participating
in the development of this EGA, to
announce EPA's High Production
Volume (HPV) Challenge Program.
Consistent with the international OECD
Screening Information Data Set (SIDS)
Program, EPA's HPV Challenge Program
encourages 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 in the HPV Challenge and this
EGA initiative were identified, the
industry committed to develop the
screening level data for the HPV
Challenge Program before continuing
with further development of the EGA.
In this way, results from the HPV
Challenge program would feed back
into consideration of needs for the EGA
testing and, where possible, could avert
some or all of the potential overlap
testing. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject aryl phosphate base stocks
under an EGA.
Timetable:
Action
Date FR Cite
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
ANPRM
NPRM Original
Final: EGA and
Consent Order
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2
URL For More Information:
http://www.epa.gov/oppt/chemtest
Agency Contact: John Schaeffer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ07
3193. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On June 25, 1991, EPA issued
a proposed TSCA Section 4 Test Rule
for health and environmental effects
and chemical fate testing of 5
brominated flame retardants. Since
issuing that proposed rule, all of the
subject chemical substances have been
sponsored under the international
OECD HPV Screening Information Data
Set (SIDS) Program, EPA's voluntary
US HPV Challenge Program, and/or
EPA's Voluntary Children's Chemical
Evaluation Program (VCCEP).
Information obtained under these
various data collection/development
programs will be used to inform EPA's
decision regarding the need to re-
propose and ultimately finalize this
TSCA Section 4 Test Rule for some or
all of the subject chemicals.
Timetable:
Action
Date
FR Cite
NPRM Original
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: John Schaeffer,
Environmental Protection Agency,
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
107
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epamail.epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-A108
3194. HAPS TESTING AGREEMENT
FOR HYDROGEN FLUORIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rule-
making. In developing ETAs and VCAs
EPA may consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including hydrogen fluoride
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Hydrogen
Fluoride (HF) Panel submitted a
proposal for alternative testing
involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final: EGA and 06/00/10
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:
http://www.epa.gov/oppt/chemtest
Agency Contact: Bob Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: jones.robert@epa.gov
RIN: 2070-AJ10
3195. HAPS TESTING AGREEMENT
FOR PHTHALIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rule-
making. In developing EGAs and VTAs
EPA may consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including phthalic anhydride
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Phthalic
Anhydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996. EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for the health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final: EGA and
Consent Order
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
-------
108
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Additional Information: SAN No.
3493.7
URL For More Information:
http://www.epa.gov/oppt/chemtest
Agency Contact: Bob Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJll
3196. TESTING AGREEMENT FOR
MALEIC ANHYDRIDE
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop data via
TSCA Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rule-
making. In developing EGAs and VTAs
EPA may consider agreed-upon
pollution prevention and other types of
product stewardship initiatives by the
chemical industry as a possible
substitute for or adjunct to certain types
of testing. EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including maleic anhydride
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Maleic
Anhydride (MA) Panel submitted a
proposal for alternative testing
involving PK studies for MA on
November 8, 1996. EPA responded to
the Panel's proposal by letter on July
10, 1997, indicating that this approach
could offer sufficient merit to proceed
with EGA negotiations. Under this
action, EPA will continue negotiations
to develop an EGA for health effects
testing data specified in the proposed
HAPs Section 4 test rule, as amended.
Timetable:
Action
Final: EGA and
Consent Order
06/00/10
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: Bob Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ13
3197. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Substantive, Nonsignificant
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.
Date FR Cite Timetable:
Action
Date FR Cite
Final Rule for 51 st ITC 06/11/03 68 FR 34832
List
Final Rule for 53rd ITC 12/07/04 69 FR 70552
List
Final Rule for 55th, 08/16/06 71 FR 47122
56th, and 58th ITC
Lists
Final Action—Next To Be Determined
ITC List including
8(a)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
EPA publication information: Final
Rule for 55th, 56th, and 58th ITC Lists
- frwebgate4.access.gpo.gov/cgi-
bin/waisgate.cgi?
WAISdocID=6249219910+l+
0+0&WAISaction=retrieve;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
http://www.epa.gov/oppt/chemtest
Agency Contact: Lawerence Carter,
Environmental Protection Agency,
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Environment Protection Agency Fall 2008 Regulatory Agenda
109
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-6643
Fax: 202 564-4765
Email: carter.lawerence@epa.gov
Gerry Brown, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov
RIN: 2070-AB08
3198. LEAD-BASED PAINT
ACTIVITIES; BRIDGES AND
STRUCTURES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2682; 15 USC
2684; PL 102-550 sec 402; PL 102-550
sec 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State 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
07/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental lurisdictions,
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: 202 566-0470
Email: wheeler.cindy@epamail.epa.gov
lulie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3199. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Other Significant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101 to 745.103; 40 CFR 745.107; 40
CFR 745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118 and 745.119
Legal Deadline: None
Abstract: EPA intends to amend
existing requirements to clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and amend existing regulatory text to
resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. Small businesses and
state/local/tribal governments that sell
or lease target housing will be affected
in that they will need to become
familiar with new/revised requirements
that apply to these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date FR Cite
NPRM
08/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4777
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential
Property Managers
URL For More Information:
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: 202 566-0470
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AD64
3200. 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
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110
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3201. • TSCA INVENTORY UPDATE
REPORTING MODIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: TSCA
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: The Inventory Update
Reporting (IUR) rule enables EPA to
procure basic information on
commercial chemicals under the Toxic
Substances and Control Act (TSCA),
resulting in a unique database that
includes current production volume,
manufacturing site-related data, and
processing and use-related data for
larger volume chemicals. This broad-
based collection of manufacturing and
use-exposure-related data provides
basic information needed for risk
prevention and management activities.
The recent 2006 IUR submission period
was the first since major amendments
to the IUR were promulgated in 2003;
for the next reporting in 2011, the IUR
Modifications will make a variety of
adjustments. The adjustments are
expected to include: migration of the
IUR from 40 CFR 710 to 711, somewhat
minor changes to data reporting
requirements, possible changes to
exemptions for certain chemical
substances, and technical corrections.
In addition, the workgroup will
consider changes associated with the
reporting of recycled chemical
substances and imported chemical
substances.
Timetable:
Action
Date FR Cite
NPRM
01/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5279;
OSWER may wish to participate in
discussions regarding recycling
information.
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-4775
Email: sharkey.susan@epa.gov
RIN: 2070-AJ43
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3202. NANOSCALE MATERIALS
UNDER TSCA
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Notice (Draft for
Comment)
Notice (Final)
07/12/07 72 FR 38083
01/28/08 73 FR 4861
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: Jim Alwood
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov
Jim Willis
Phone: 202 564-0104
Fax: 202 564-9490
Email: willis.jim@epamail.epa.gov
RIN: 2070-AJ30
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Environment Protection Agency Fall 2008 Regulatory Agenda
111
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
P re rule Stage
3203. TRI; RESPONSE TO PETITION
TO DELETE ACETONITRILE FROM
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
acetonitrile from the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register;
if EPA denies the petition a notice of
petition denial will be published. The
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response 05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.3; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA19
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3204. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION
Priority: Other Significant
Legal Authority: 42 USC 1102
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQJ for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA will propose a rule that
would revise the TPQ for solids in
solution and seek comment on an
alternative approach. EPA is pursuing
this proposal in part based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). If the TPQ for solids
in solution is raised, it would result
in relieving some facilities (number and
type unknown at this time) from the
regulatory emergency planning and
notification requirements under Section
302-304 of the Emergency Planning and
Community Right-To-Know Act
(EPCRA). EPA intends to evaluate
various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
Date
FR Cite
NPRM 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
3205. • TOXICS RELEASE INVENTORY
ARTICLES EXEMPTION
CLARIFICATION
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Toxics Release Inventory
(TRI) reporting is required by section
313 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA) and section 6607 of the
Pollution Prevention Act (PPA). The
purpose of this proposed rule is to
clarify the scope of the exemption from
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112
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
reporting requirements for items that
qualify as articles. [See 40 CFR sec.
372.38(b).] EPA believes that language
contained in the regulation and
subsequent guidance should be
clarified for the regulated community
concerning what products qualify as
articles and are therefore exempt from
the threshold calculations and TRI
reporting requirements.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/09
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5296;
Facilities included in the following
NAICS manufacturing codes
(corresponding to SIC codes 20 through
39): 311*,312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*,111998*, 211112*, 212234*,
212235*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191,511199, 511220, 512230*,
516110*, 541710*, or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes. Facilities included
in the following NAICS codes
(corresponding to SIC codes other than
SIC codes 20 through 39): 212111,
212112, 212113 (correspond to SIC 12,
Coal Mining (except 1241)); or 212221,
212222, 212231, 212234, 212299
(correspond to SIC 10, Metal Mining
(except 1011, 1081, and 1094)); or
221111, 221112, 221113, 221119,
221121, 221122 (Limited to facilities
that combust coal and/or oil for the
purpose of generating power for
distribution in commerce) (correspond
to SIC 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120
(Limited to facilities previously
classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified); or 424710 (corresponds to
SIC 5171, Petroleum Bulk Terminals
and Plants); or 562112 (Limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
7389, Business Services, NEC)); or
562211, 562212, 562213, 562219,
562920 (Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.) (correspond to SIC 4953,
Refuse Systems).
Agency Contact: Steven DeBord,
Environmental Protection Agency,
Office of Environmental Information,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 566-0731
Email: debord.steven@epamail.epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Office of
Environmental Information, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 566-0961
Email:
rosencrantz.ingrid@epamail.epa.gov
RIN: 2025-AA24
3206. • WASTE ENERGY RECOVERY
REGISTRY
Priority: Other Significant
Legal Authority: Energy Independence
and Security Act of 2007
CFR Citation: 40 CFR 1200
Legal Deadline: Final, Statutory,
September 19, 2008, The Energy
Independence and Security Act of 2007
says that EPA must publish a rule 270
days from its enactment.
Abstract: Title IV of the Energy
Independence and Security Act of 2007
directs EPA to establish a "recoverable
waste energy inventory program" and
publish a rule. Specifically, subtitle D,
section 372 directs EPA to establish, in
cooperation with the Department of
Energy and state energy offices, this
inventory program. This inventory
program is compromised of a Survey
of major industrial and large
commercial combustion sources, and a
Registry of Recoverable Waste Energy
Sources. Under this action, EPA will
publish criteria for including sites in
the Registry and will establish a
Registry of Recoverable Waste Energy
Sources, and sites on which the sources
are located.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5262;
EPA Docket information: EPA-HQ-OAR-
2008-0201
Agency Contact: Katrina Pielli,
Environmental Protection Agency, Air
and Radiation, 6202J, Washington, DC
20460
Phone: 202 343-9610
Email: pielli.katrina@epamail.epa.gov
RIN: 2060-AP14
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3207. AMENDMENTS TO EMERGENCY
PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address some
of the remaining issues from the
proposed rule of lune 8, 1998.
Reporting thresholds for gasoline and
diesel fuel at retail gas stations were
finalized on February 11, 1999 (64 FR
7031). This rule will address those
reporting changes in section B of the
preamble to the proposed rule under
the heading "Other Regulatory
Changes." The revisions in this rule
will have only minimal impact on the
regulated community. Most of the
changes are minor revisions and
clarifications of interpretation that EPA
has been providing the regulated
communities. In addition, as stated in
the proposed rule, 40 CFR parts 355
and 370 will be reorganized and
rewritten in Plain English format to
make them clearer and easier to use.
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Environment Protection Agency Fall 2008 Regulatory Agenda
113
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
Timetable:
Action
NPRM
Final
Date
FR Cite
06/08/98 63 FR 31268
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3215;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/lune/Day-08/fl 4490.htm;
EPA Docket information: Docket
Number 300RR-IF1
Agency Contact: Sicy lacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3208. 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 and 11022
CFR Citation: 40 CFR 370
Legal Deadline: None
Abstract: This supplemental proposal
will address reporting thresholds for
rock salt, sand, gravel and other
chemicals that pose minimal risk. The
proposed rule was published on June
8, 1998 (63 FR 31268). This
supplemental rule, when finalized, will
minimize burden for those facilities
that are currently reporting chemicals
that pose minimal risk under Sections
311 and 312 of the Emergency Planning
and Community Right-To-Know Act.
This rule, when finalized, may also
reduce the number of facilities subject
to these reporting requirements. The
reporting requirements under sections
311 and 312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, State and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date
FR Cite
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3215.1; Split from RIN 2050-AE17.
Agency Contact: Sicy lacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AG40
3209. TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action was suspended
on May 22, 2007, at the request of the
petitioner. If resumed, this action will
respond to a petition received by EPA
to delete chromium, antimony, titanate
from the list of toxic chemicals
reportable under section 313 of the
Emergency Planning and Community
Right to Know Act (EPCRA). EPA will
respond to the petition by either
granting or denying the petition. If EPA
grants the petition a notice of proposed
rulemaking will be published in the
Federal Register, if EPA denies the
petition a notice of petition denial will
be published. Chromium, antimony,
titanate is reportable under the
chromium and antimony compound
categories, the deletion of this chemical
would eliminate all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
Timetable:
Action
Date FR Cite
Response To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; EPA publication information:
Response-Chromium; Split from RIN
2025-AAOO. Formerly listed as RIN
2070-ACOO. Statutory deadline: Within
180 days of receipt the Agency must
either initiate rulemaking or explain
why not in the Federal Register.
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389). Facilities included in
the following NAICS manufacturing
codes (corresponding to SIC codes 20
through 39): 311*,312*, 313*, 314*,
315*, 316, 321, 322, 323*, 324, 325*,
326*, 327, 331, 332, 333, 334*, 335*,
336, 337*, 339*,111998*, 211112*,
212234*, 212235*, 212393*, 212399*,
488390*, 511110, 511120, 511130,
511140*, 511191,511199, 511220,
512230*, 516110*, 541710*, or
811490*. *Exceptions and/or
limitations exist for these NAICS codes.
Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 212111, 212112, 212113
-------
114
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
(correspond to SIC 12, Coal Mining
(except 1241)); or 212221, 212222,
212231, 212234, 212299 (correspond to
SIC 10, Metal Mining (except 1011,
1081, and 1094)); or 221111, 221112,
221113, 221119, 221121, 221122
(Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce)
(correspond to SIC 4911, 4931, and
4939, Electric Utilities); or 424690,
425110, 425120 (Limited to facilities
previously classified in SIC 5169,
Chemicals and Allied Products, Not
Elsewhere Classified); or 424710
(corresponds to SIC 5171, Petroleum
Bulk Terminals and Plants); or 562112
(Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC)); or 562211, 562212,
562213, 562219, 562920 (Limited to
facilities regulated under the Resource
Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.) (correspond
to SIC 4953, Refuse Systems).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA16
3210. TRI; RESPONSE TO PETITION
TO ADD DIISONONYL PHTHALATE TO
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to add
diisononyl phthalate to the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register,
if EPA denies the petition a notice of
petition denial will be published. The
addition of this chemical would make
it subject to all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
Timetable:
Action
Date FR Cite
NPRM Original
Notice of Data
Availability
Final Action
09/05/00 65 FR 53681
06/14/05 70 FR 34437
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; EPA publication information:
Notice of Data Availability -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2005/June/Day-14/fll664.htm;
Split from RIN 2025-AAOO. Formerly
listed as RIN 2070-ACOO. Statutory
deadline: Within 180 days of receipt
the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389). Facilities included in
the following NAICS manufacturing
codes (corresponding to SIC codes 20
through 39): 311*,312*, 313*, 314*,
315*, 316, 321, 322, 323*, 324, 325*,
326*, 327, 331, 332, 333, 334*, 335*,
336, 337*, 339*,111998*, 211112*,
212234*, 212235*, 212393*, 212399*,
488390*, 511110, 511120, 511130,
511140*, 511191,511199, 511220,
512230*, 516110*, 541710*, or
811490*. *Exceptions and/or
limitations exist for these NAICS codes.
Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 212111, 212112, 212113
(correspond to SIC 12, Coal Mining
(except 1241)); or 212221, 212222,
212231, 212234, 212299 (correspond to
SIC 10, Metal Mining (except 1011,
1081, and 1094)); or 221111, 221112,
221113, 221119, 221121, 221122
(Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce)
(correspond to SIC 4911, 4931, and
4939, Electric Utilities); or 424690,
425110, 425120 (Limited to facilities
previously classified in SIC 5169,
Chemicals and Allied Products, Not
Elsewhere Classified); or 424710
(corresponds to SIC 5171, Petroleum
Bulk Terminals and Plants); or 562112
(Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC)); or 562211, 562212,
562213, 562219, 562920 (Limited to
facilities regulated under the Resource
Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.) (correspond
to SIC 4953, Refuse Systems).
URL For More Information:
www. epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2842T, Washington, DC 20460
Phone: 202 566-0743
Fax: 202 566-0677
Email:
bushman.daniel@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0677
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA17
3211. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
115
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores cannot be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/09
03/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
Facilities included in the following
NAICS manufacturing codes
(corresponding to SIC codes 20 through
39): 311*,312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*,111998*, 211112*, 212234*,
212235*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191,511199, 511220, 512230*,
516110*, 541710*, or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes. Facilities included
in the following NAICS codes
(corresponding to SIC codes other than
SIC codes 20 through 39): 212111,
212112, 212113 (correspond to SIC 12,
Coal Mining (except 1241)); or 212221,
212222, 212231, 212234, 212299
(correspond to SIC 10, Metal Mining
(except 1011, 1081, and 1094)); or
221111, 221112, 221113, 221119,
221121, 221122 (Limited to facilities
that combust coal and/or oil for the
purpose of generating power for
distribution in commerce) (correspond
to SIC 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120
(Limited to facilities previously
classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified); or 424710 (corresponds to
SIC 5171, Petroleum Bulk Terminals
and Plants); or 562112 (Limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
7389, Business Services, NEC)); or
562211, 562212, 562213, 562219,
562920 (Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.) (correspond to SIC 4953,
Refuse Systems).
URL For More Information:
www. ep a. 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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3212. TOXIC CHEMICAL RELEASE
REPORTING USING REVISED 2007
NORTH AMERICAN INDUSTRY
CLASSIFICATION SYSTEM (NAICS)
CODES
Priority: Info./Admin./Other
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/06/08 73 FR 12045
06/09/08 73 FR 32466
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Judith Kendall
Phone: 202 566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
Rebecca Moser
Phone: 202 566-0252
Fax: 202 566-0741
Email: moser.rebecca@epamail.epa.gov
RIN: 2025-AA22
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116
Environment Protection Agency Fall 2008 Regulatory Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3213. • STANDARDS FOR THE SAFE
AND ENVIRONMENTALLY
PROTECTIVE PLACEMENT OF COAL
COMBUSTION PRODUCTS AS
MINEFILL IN COAL MINES NOT
REGULATED UNDER THE SURFACE
MINING CONTROL AND
RECLAMATION ACT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6912(a)(l); 42 USC 6944(a)
CFR Citation: 40 CFR 259
Legal Deadline: None
Abstract: This action is part of a joint
rulemaking effort with the Office of
Surface Mining (OSM) of the
Department of Interior (DOI) using a
combination of regulatory authorities
available under the Surface Mining
Control and Reclamation Act (SMCRA)
and the Resource Conservation and
Recovery Act (Subtitle D). Specifically,
EPA is considering performance
standards for the environmentally
protective placement of coal
combustion byproducts (CCBs) for
filling surface or underground coal
mines, referred to as minefilling, not
regulated under SMCRA. CCBs are
products of the combustion of coal at
electric utility and independent power
producing facilities. This action results
from EPA's Regulatory Determination
for fossil fuel combustion wastes (65
FR 32214 May 22, 2000), in which the
Agency concluded that national
regulations under Subtitle D of RCRA
(and/or modifications to the existing
regulations established under SMCRA)
are warranted when these wastes are
used to fill surface and underground
mines. As described in the Regulatory
Determination, there is sufficient
evidence that adequate controls may
not be in place, and that regulations
are warranted. This action is also a
result of a recommendation by the
National Research Council (NRC,
Managing Coal Combustion Residues in
Coal Mines, 2006) regarding the
management of CCBs in coal mines.
NRC recommended that OSM and/or
EPA promulgate enforceable federal
regulations governing the minefilling of
CCBs. In response to the NRC study,
OSM published on Advanced Notice of
Proposed Rulemaking on Placement of
CCBs in Active and Abandoned Coal
Mines (72 FR 12026, March 14, 2007),
which took comment on the
appropriateness of modifying SMCRA
regulations to address minefilling at
mines with SMCRA permits. EPA
proposed performance standards would
apply to all minefilling operations
using CCBs at coal mines that are not
subject to the requirements under
SMCRA, including regulations
proposed by OSM. This action will be
coordinated with the OSM proposed
rule. 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.
Timetable:
Action
Date FR Cite
NPRM
03/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental lurisdictions,
Organizations
Government Levels Affected: State
Additional Information: SAN No. 5274
URL For More Information:
www. epa.gov/epaoswer/
other/fossil/index.htm
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-8429
Fax: 703 308-8686
Email:
robinson.bonnie@epamail.epa.gov
Truett Degeare, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8292
Fax: 703 308-8686
Email: degeare.truett@epamail.epa.gov
RIN: 2050-AG45
3214. REVISIONS TO LAND DISPOSAL
RESTRICTIONS TREATMENT
STANDARDS AND AMENDMENTS TO
RECYCLING REQUIREMENTS FOR
SPENT PETROLEUM REFINING
HYDROTREATING AND
HYDROREFINING CATALYSTS
Priority: Other Significant
Legal Authority: 42 USC 1006; 42 USC
2002(a); 42 USC 3001 to 3009; 42 USC
3014; 42 USC 6905 and 6906; 42 CFR
6912; 42 USC 6921 and 6922; 42 USC
6924 to 6927; 42 USC 6934; 42 USC
6937 and 6938
CFR Citation: 40 CFR 261; 40 CFR 268;
40 CFR 271
Legal Deadline: None
Abstract: Pursuant to regulations found
at 40 CFR 260.20, the Vanadium
Producers and Reclaimers Association
(VPRA) submitted a rulemaking
petition to the EPA requesting that the
Agency amend the hazardous waste
regulations affecting the treatment and
disposal of certain petroleum refinery
process wastes. Specifically, VPRA
requested that EPA revise the treatment
standards under the Land Disposal
Restrictions (LDR) Program for the
disposal of spent hydrotreating and
hydrorefining catalysts (waste codes
K171 and K172, respectively). EPA is
publishing a notice in response to the
rulemaking petition, by proposing to
amend the Land Disposal Restriction
(LDR) requirements for EPA Waste
Code K172 by adding numeric
treatment standards for certain
polynuclear aromatic hydrocarbons
(PAHs). EPA is also responding to other
elements of the rulemaking petition in
this notice. Finally, in response to
separate comments received from
petroleum industry representatives,
EPA is taking this opportunity to
propose changes to its regulations to
help encourage consistent levels of
recycling of spent hydrotreating and
hydrorefining catalysts, in a manner
that protects human health and the
environment.
Timetable:
Action
Date FR Cite
Notice of Data
Availability
NPRM
10/20/03 68 FR 59935
02/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5070;
EPA publication information: Notice of
Data Availability -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
24/f29319.htm; EPA Docket
information: Legacy Docket No. RCRA-
2003-0023 for 10/20/03 NODA
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-0514
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Environment Protection Agency Fall 2008 Regulatory Agenda
117
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Email: elliott.ross@epa.gov
RIN: 2050-AG34
3215. REVISIONS TO THE
REQUIREMENTS FOR
TRANSBOUNDARY SHIPMENTS OF
WASTES DESTINED FOR RECOVERY
BETWEEN THE U.S. AND OTHER
OECD COUNTRIES AND FOR EXPORT
SHIPMENTS OF SPENT LEAD ACID
BATTERIES
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision); 40 CFR 262.58; 40 CFR
264.12(a)(2); 40 CFR 265.12(a)(2); 40
CFR 266.80(a); 40 CFR 262.55; 40 CFR
262.60(e); 40 CFR 264.71(a)(e); 40 CFR
265.71 (a)(e)
Legal Deadline: None
Abstract: The Agency is considering
amending the existing regulation under
the Resource Conservation and
Recovery Act (RCRA) regarding the
transboundary movement of hazardous
waste among countries belonging to the
Organization for Economic Cooperation
and Development (OECD), as specified
in 40 CFR 262 subpart H. Proposed
regulatory changes under consideration
include, but are not limited to,
reducing the number of control levels,
exempting qualifying shipments sent
for laboratory analysis from certain
paperwork requirements, requiring
recovery facilities to submit a certificate
of recovery, and adding provisions for
the return or re-export of wastes subject
to Amber control procedures under the
OECD framework. These amendments
would implement revisions that the
OECD made to both its framework for
hazardous waste transboundary
movements between member countries
and to its waste lists. The revisions
were adopted by the OECD to create
a more streamlined, uniform system for
exports and imports, resulting in a
more efficient international recycling
market and increased recycling among
the member countries. Since the United
States supported the 2001 Decision and
is a party to the OECD, the United
States is legally obligated to implement
these changes within its domestic
regulations. Besides addressing the
amendments adopted by the OECD in
2001 and 2004, the Agency may also
seek to clarify certain existing
provisions in subpart H that were
identified as potentially ambiguous to
the regulated community. In addition
to the OECD amendments, the Agency
is considering amending the regulations
under RCRA regarding the
transboundary movements of spent
lead-acid batteries being reclaimed, as
specified in 40 CFR part 266 subpart
G. Currently, spent lead-acid batteries
destined for export/reclamation are not
subject to the export notification and
consent requirements specified in 40
CFR part 262. Allowing the export of
spent lead-acid batteries without prior
notice and consent of the receiving
country is not consistent with widely-
accepted international practices. These
proposed amendments would require
appropriate notice and consent for
those batteries intended for
export/reclamation. EPA is considering
amending the current regulations in the
interest of harmonizing them with both
the amendments adopted by the OECD
in 2001 and EPA's existing export
requirements for RCRA Universal
Waste.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
1 0/06/08
1 2/05/08
1 2/00/09
FR Cite
73 FR 58388
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/2008/October/Day-
06/f22536.pdf; SAN No. 4606; EPA
Docket information: EPA-HQ-RCRA-
2005-0018
Agency Contact: Laura Coughlan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0005
Fax: 703 308-0514
Email: coughlan.laura@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
3216. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA REGULATORY
DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6924 to 6926
CFR Citation: 40 CFR 264 and 265; 40
CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: The RCRA subtitle C
financial test is one of several
mechanisms available to the regulated
community for demonstrating financial
assurance for closure/post-closure of
their facilities. EPA decided at the end
of the second quarter of FY 2007 to
analyze whether regulatory changes are
needed to ensure the test's continued
and effective use. Test criteria have not
been updated since promulgation in
1982. Concerns have been raised that
the criteria are outdated and no longer
adequately predict a company's
continued solvency, such that some
States are not allowing companies to
use the test, reducing the number of
mechanisms that are available.
Although action external to EPA has
been taken (e.g., passage of Sarbanes-
Oxley Act) to address this market
failure, the perception of a problem
remains and continues to drive some
States' behavior.
Providing the regulated community
with a strong and effective financial
test is an important regulatory function.
In the absence of EPA taking action to
analyze the issues and make changes,
as appropriate, the availability of the
test as a financial assurance mechanism
will likely continue to be restricted.
Therefore, we believe it is important to
address this now so as to assure the
continued availability of the financial
test, thereby saving costs that would be
incurred if an alternate mechanism had
to be obtained or closure/post-closure
activities were delayed.
Additionally, some language in the
financial test reporting requirements is
no longer consistent with current
professional standards under Generally
Acceptable Accounting Principles.
Addressing this inconsistency would
facilitate implementation by regulators
who may not have appropriate
expertise to adequately review detailed
financial information submissions.
There are three options that EPA is
considering. After analyzing these
options, EPA may decide to proceed
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118
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
with a rulemaking utilizing these
options either independently or in
combination. If so, EPA will issue a
new proposed rule. The three options
are briefly described below:
(1) Undertake targeted rulemaking to
address documentation and reporting
issues, particularly with respect to
"negative assurance" language, as well
as other implementation issues.
(2) Undertake rulemaking to propose
adding a ratings requirement to
Alternative I of the financial test. [Note:
This was the recommendation of the
Environmental Financial Advisory
Board (EFAB).]
(3) Undertake rulemaking to propose
adopting the financial test criteria that
were promulgated as part of the
standardized permit rule.
Timetable:
Action
NPRM Original
NPRM
NPRM on
Date
07/01/91
10/12/94
01/00/09
FR Cite
56 FR 30201
59 FR 51 523
Determination
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2647
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Tricia Buzzell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303P, Washington, DC 20460
Phone: 703 308-8622
Fax: 703 308-8609
Email: buzzell.tricia@epa.gov
RIN: 2050-AC71
3217. AMENDMENT TO THE
UNIVERSAL WASTE RULE: ADDITION
OF PHARMACEUTICALS
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921 to 6924; 42 USC 6926 and
6927; 42 USC 6930; 42 USC 6937
CFR Citation: 40 CFR 273
Legal Deadline: None
Abstract: This action will propose
adding hazardous pharmaceutical
wastes to the universal waste system.
This incorporation is appropriate
because these wastes are produced by
a various and vast community of
generators and are often mismanaged
due to health care workers and retail
chain employees being unfamiliar with
the Resource Conservation and
Recovery Act regulations. EPA expects
that the expansion of the universal
waste system to include hazardous
pharmaceutical wastes will improve
protection of public health and the
environment by providing a more
streamlined but effective waste
management system. Due to the
simplified requirements, this action
may provide regulatory relief by giving
an alternative regime for those health
care facilities, retail pharmacies,
veterinary clinics and any other entities
that generate hazardous pharmaceutical
wastes, able to "opt in" to this regimen,
such as those in authorized states that
have adopted the universal waste rule
and amend it to include pharmaceutical
wastes.
EPA hopes the inclusion of hazardous
pharmaceutical wastes in the universal
waste rule will provide relief in the
management of P-listed
Pharmaceuticals by simplifying current
requirements of large quantity
generators. Also, we hope that the rule
will encourage health care personnel to
manage other pharmaceutical wastes as
universal wastes, particularly wastes
that are not regulated as hazardous but
which nonetheless pose hazards.
Finally, the addition of hazardous
pharmaceutical wastes to the rule will
facilitate pharmaceutical take-back
programs so that these wastes can be
properly managed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5127
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-7418
Fax: 703 308-0514
Email: lauer.lisa@epa.gov
RIN: 2050-AG39
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Environment Protection Agency Fall 2008 Regulatory Agenda
119
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3218. HAZARDOUS WASTE MANIFEST
REVISIONS — STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Regulatory Plan: This entry is Seq. No.
107 in part II of this issue of the
Federal Register.
RIN: 2050-AG20
3219. 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: In 2003, EPA proposed to
modify the RCRA regulations for
management of solvent-contaminated
industrial wipes in response to
stakeholder concerns that industrial
wipes are over-regulated because they
pose little threat to human health and
the environment. EPA revised its risk
analysis used to evaluate the risks to
human health and the environment if
solvent-contaminated wipes or laundry
sludge were allowed to be disposed in
a municipal solid waste landfill. A
Notice of Data Availability will be
published to allow the public the
opportunity to comment on the revised
risk analysis.
If finalized, this regulation will impact
the management of two types of
solvent-contaminated wipes: (1) wipes
disposed of in a landfill or by
combustion after use, and (2) wipes
that are laundered after use to remove
the solvent and then are used again.
EPA proposed to conditionally exclude
disposed wipes from the definition of
hazardous waste and to conditionally
exclude laundered wipes from the
definition of solid waste. The
regulation, if finalized, has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
NPRM
Notice of Data
Availability
Final Action
Date FR Cite
11/20/03 68 FR 65586
12/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2003/November/Day-
20/f28652.htm; EPA Docket
information: EPA-HQ-RCRA-2003-0004
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
URL For More Information:
www.epa.gov/epaoswer/hazwaste/id/
solvents/wipes.htm
Agency Contact: Teena Wooten,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
3220. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Priority: Other Significant
Legal Authority: RCRA 4004
CFR Citation: 40 CFR 261.38
Legal Deadline: None
Abstract: EPA has proposed to exclude,
from being solid wastes under subtitle
C of the Resource Conservation and
Recovery Act (RCRA), secondary
materials whose emissions are
comparable to the fuel oil. This
substitution will be allowed only when
those materials are managed substitutes
under conditions that assure they will
not be discarded either when stored or
burned. Such excluded fuel would be
called emission-comparable fuel (ECF).
ECF would be subject to the same
specifications that currently apply to
comparable fuels, except that the
specifications for cerain hydrocarbons
and oxygenates would not apply. The
ECF exclusion would be conditioned
on requirements including: (1) Design
and operating conditions for the ECF
boiler to ensure that the ECF is burned
under the good combustion conditions
typical for oil-fired industrial boilers
and (2) conditions for tanks and
containers storing ECF for which
conditions are typical of those for
storage of commercial fuels and are
tailored for the hazards that ECF may
pose. EPA has addressed issues raised
by commenters and is developing the
final rule.
Timetable:
Action
Date FR Cite
NPRM
Notice: Extension of
Comment Period
Final Action
06/15/07 72 FR 33284
07/19/07 72 FR 39587
12/00/08
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4977;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-15/alll30.pdf;EPA
Docket information: EPA-HQ-RCRA-
2005-0017; http://www.regulations.gov
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/combust/compfuels/
exclusion.htm
Agency Contact: Mary Jackson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: jackson.mary@epa.gov
Shiva Garg, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302P, Washington, DC
20460
Phone: 703 308-8459
Fax: 703 308-8433
Email: garg.shiva@epa.gov
RIN: 2050-AG24
3221. 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
-------
120
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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 providing greater
flexibility in managing laboratory
hazardous wastes; thereby, creating
opportunities for more efficient and
effective management of these wastes.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/23/06 71 FR29712
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4920;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/May/Day-23/f4654.htm;
No legal deadline.; EPA Docket
information: EPA-HQ-RCRA-2003-0012
Sectors Affected: 6113 Colleges,
Universities and Professional Schools;
6112 Junior Colleges
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0522
Email: mercer.patricia@epa.gov
Kristin Fitzgerald, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8286
Fax: 703 308-0522
Email: fitzgerald.kristin@epa.gov
RIN: 2050-AG18
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3222. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 requires
EPA to prepare guidelines in the
Federal Register that designate items
that are or can be made with recovered
materials and to issue
recommendations for government
procurement of these items. Once
designated, procuring agencies are
required to purchase these items with
the highest percentage of recovered
materials practicable. Government
procurement of EPA-designated items
containing recovered materials fosters
markets for recovered materials and,
thereby, closes the recycling loop. To
date, EPA has designated 61 items
under four Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3, CPG4
and CPG5). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG that provides
recommendations on buying the
designated items. E.O. 13423 requires
EPA to review? existing CPG product
designations for effectiveness,
obsolescence, and consistency with the
biobased products designation program,
environmentally preferable purchasing
program, and Energy Star and FEMP-
designated energy efficient products
program. A CPG for Nylon Carpet was
originally proposed with CPG4, but not
included in the final designation
because more information was needed.
A Notice of Data Availability was
issued asking for that information. EPA
is now considering finalizing the CPG
for Nylon Carpet.
Timetable:
Action
Date FR Cite
NPRM-CPG1
Final CPG1
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 65FR3069
NPRMCPG4 08/28/01 66 FR 45256
NODA on Nylon 07/16/03 68 FR 42040
Carpet
NPRM-CPG5 12/10/03 68 FR 68813
Final-CPG4-RMAN4 04/30/04 69 FR 24028
Final CPG 5 09/14/07 72 FR 52475
Final CPG for Nylon To Be Determined
Carpet
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545;
EPA publication information: NODA on
Nylon Carpet -
frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=2003
register&docid=fr!6jy03-84.pdf;EPA
Docket information: For CPG Nylon
Carpet: EPA-HQ-RCRA-2003-0013
Sectors Affected: 92119 All Other
General Government; 92111 Executive
Offices
URL For More Information:
www. epa.gov/cpg
Agency Contact: Marlene RedDoor,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE23
3223. 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
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Environment Protection Agency Fall 2008 Regulatory Agenda
121
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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). On August
20, 1999, EPA issued a proposed rule
(64 FR 45632) outlining the Agency's
preferred regulatory approach (i.e., an
exemption from hazardous waste listing
for properly managed CKD) and several
optional approaches including
requirements solely under RCRA
Subtitle D. On July 25, 2002, the
Agency published a notice (67 FR
48648) to announce the availability for
public inspection and comment of
recently acquired data on CKD. The
Agency continues to consider an
approach whereby it would finalize the
proposed option of issuing the
protective CKD management standards
as described in the August 20, 1999
proposal as a RCRA Subtitle D rule.
The Agency would temporarily
suspend its active consideration of the
proposed listing of mismanaged CKD as
a hazardous waste, and assess how
CKD management practices and state
regulatory programs evolve over the
next three to five years. Based on this
assessment, EPA would then proceed
to either formally withdraw or
promulgate the portion of the 1999
proposal that classifies as a RCRA
hazardous waste CKD that has been
egregiously mismanaged.
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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856;
EPA publication information: NODA 1
- frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=
2002_register&docid= fr25jy02-57.pdf;
EPA Docket information: EPA-HQ-
RCRA-1999-0011
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 605-0595
Email: englander.jana@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE34
3224. 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
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 ecological risks, costs, and
economic impact of this action as it
develops the proposed regulation. The
Agency has considered alternatives to
this action, including regulating these
wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and state and
local governments to focus on these
remaining waste management issues,
particularly since the industry has
improved its waste management
practices and most state regulatory
programs are similarly improving. To
this end, the Agency issued on August
29, 2007, a Notice of Data Availability
(NODA) announcing the availability for
public inspection and comment of new
information and data on the
management of coal combustion wastes
that the Agency will consider in
deciding next steps in this effort. The
comment period for this NODA closed
on February 11, 2008.
Timetable:
Action
Date
FR Cite
NODA
NPRM
08/29/07
To Be
72 FR 49714
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470;
EPA publication information: NODA -
http://epa.gov/fedrgstr/EPA-
WASTE/2007/August/Day-
29/fl 7138.pdf; This effort may also
impact federal, state, local or tribal
governments that own coal-burning
commercial electric power generating
facilities.; EPA Docket information:
EPA-HQ-RCRA-2006-0796
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: livnat.alexander@epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE81
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122
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3225. WASTE MANAGEMENT
SYSTEM; TESTING AND MONITORING
ACTIVITIES; METHODS INNOVATION
RULE; CORRECTION
Priority: Info./Admin./Other
Legal Authority: 33 USC I345(d) and
1345(e); 42 USC 6902(a); 42 USC 6907;
42 USC 6912(1); 42 USC 6944; 42 USC
6945(c); 42 USC 6949(c)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: On June 14, 2005 (70 FR
34538), EPA published a final rule (the
Methods Innovation Rule, or the MIR)
to amend a variety of testing and
monitoring requirements in the
Resource Conservation and Recovery
Act (RCRA) hazardous and non-
hazardous solid waste regulations. EPA
is correcting errors inadvertently made
by the MIR to Appendix II to part 258
of the RCRA regulations.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5128;
EPA Docket information:
www.regulations.gov
EPA-HQ-RCRA-2002-0025
URL For More Information:
www.epa.gov/epaoswer/
hazwaste/test/mir.htm
www.epa.gov/epaoswer/ hazwaste/test/
mir-faq.htm
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5397P, Washington, DC 20460
Phone: 703 308-0490
Email: kirkland.kim@epa.gov
RIN: 2050-AG38
3226. RCRA SMARTER WASTE
REPORTING
Priority: Other Significant
Legal Authority: 42 USC 6922(a)(6)
CFR Citation: 40 CFR 262.41
Legal Deadline: None
Abstract: By implementing the Smarter
Waste Reporting initiative, EPA hopes
to decrease the regulatory burden on
respondents completing the Biennial
Report (BR) by eliminating the form for
waste shipped off-site. We plan to do
this by proposing to: (1) Substitute the
BR data with the more-timely data from
the eManifest system once it is
operational; (2) present an option for
facilities with static hazardous waste
generation to report less frequently; and
(3) improve the information we
currently receive from respondents who
manage their waste onsite, in an effort
to improve the quality of BR data.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4735
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AFOl
3227. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264
and 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The National Environmental
Performance Track program was
designed and endorsed across the
Agency with support and collaboration
among EPA, states, and environmental
nongovernmental organizations.
Launched in 2000 and supported by
each succeeding Administrator,
Performance Track recognizes and
drives environmental excellence by
encouraging facilities with strong
environmental records to go above and
beyond their legal requirements.
To become a member, a facility must
meet four criteria: have in place for at
least one year a well-functioning
environmental management system,
have maintained a record of sustained
regulatory compliance, make a
commitment to community outreach
and annual public reporting, and make
a commitment to continuous
environmental improvement. With
respect to the last criterion, members
set and make good faith efforts to
achieve typically four public and
measurable goals to improve the quality
of our nation's air, water, and land. The
over 500 Performance Track members
include major corporations, small
businesses, and public facilities from
49 states that are steering a course
toward environmental excellence.
Through more than 1,500 commitments
to continuous improvement,
Performance Track members have
collectively reduced their water use by
3.5 billion gallons, greenhouse gas
emissions by 88,000 metric tons of
carbon dioxide equivalent, hazardous
waste generation by 130,000 tons, non-
hazardous waste generation by 600,000
tons, emissions of sulfur oxides by
17,000 tons, and conserved more than
14,000 acres of habitat.
EPA provides incentives for
Performance Track members in
recognition of their strong compliance
records, sound environmental
management systems, and transparency
in setting and reporting on public goals.
In this action, EPA plans to propose:
a streamlined process for permit
modifications; performance based
standards for tanks; and new
capabilities for standardized permits.
EPA will also take comment on two
topics: (1) alternative requirements for
small quantity generators that
experience episodic generation events
that would otherwise cause a shift in
generator status for the facility; and (2)
reduced duplication between RCRA
and CAA standards. These incentives
will be available only to facilities that
are members of the Performance Track
program. Should a facility choose to
leave the program, any regulatory
benefits they receive will no longer be
available. None of the proposed
provisions in this action will involve
any reduction in environmental
protection.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
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Environment Protection Agency Fall 2008 Regulatory Agenda
123
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Additional Information: SAN No. 4828
URL For More Information:
http://www.epa.gov/perftrac/index.htm
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202 566-2884
TDD Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epamail.epa.gov
Andy Teplitzky, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington, DC
20460
Phone: 202 566-2947
TDD Phone: 202 566-2872
Fax: 202 566-0966
Email: teplitzky.andy@epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3228. 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
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Completed:
Reason
Date
FR Cite
NPRM
Final Action
01/18/07 72 FR 2219
06/04/08 73 FR 31756
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: lames Michael
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Robert Kayser
Phone: 703 308-7304
Fax: 703 308-0514
Email: kayser.robert@epa.gov
RIN: 2050-AG15
3229. DEFINITION OF SOLID WASTES
REVISIONS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 261.2
Completed:
Reason
Date
FR Cite
Final Action
10/30/08 73 FR 64668
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Agency Contact: Marilyn Goode
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epa.gov
Tracy Atagi
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
RIN: 2050-AG31
Environmental Protection Agency (EPA)
55OIL Pollution Act
Proposed Rule Stage
3230. • OIL POLLUTION PREVENTION;
NON-TRANSPORTATION-RELATED
ONSHORE FACILITIES COMPLIANCE
DATES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: EPA is proposing to amend
the dates by which facilities must
prepare or amend Spill Prevention,
Control, and Countermeasure (SPCC)
Plans, and implement those Plans. The
Agency is also proposing to establish
new dates for farms to prepare or
amend Spill Prevention, Control, and
Countermeasure Plans (SPCC Plans),
and implement those Plans. EPA had
delayed establishing compliance dates
for farms pending revisions to the SPCC
rule that would specifically address
this sector.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.7
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-AG49
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124
Environment Protection Agency Fall 2008 Regulatory Agenda
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3231. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Date
FR Cite
Action
Final 20
NPRM24
Final 21
NPRM25
Final Tex-Tin
Final 22
NPRM26
Final 23
NPRM27
NPRM Midnight Mine
NPRM28
Final 24
NPRMAImeda
Final 25
NPRM 29
Final Pools Prairie
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action-
Final Action —
NPRM1
Final 35 (adds 12
sites)
NPRM 40
Date FR Cite
03/06/98 63 FR 11 332
03/06/98 63 FR 11 340
07/28/98 63 FR 40 182
07/28/98 63 FR 40247
09/18/98 63 FR 49855
09/29/98 63 FR 51 848
09/29/98 63 FR 51 882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24949
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
09/17/99 64 FR 50459
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 51 567
12/01/00 65 FR 751 79
12/01/00 65 FR 7521 5
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 6531 5
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 10646
Final 36
NPRM-Vieques
Final37
NPRM41
Final -Vieques
Final 38
NPRM42
Final 39
NPRM43
Final 40
NPRM-44
Final 41
NPRM45
Final 42
NPRM46
Final 43
NPRM47
Final 44
NPRM48
Final 45
NPRM49
Final 46
NPRM50
07/23/04 69 FR 43755
08/13/04 69 FR 501 15
09/23/04 69 FR 56949
09/23/04 69 FR 56970
02/11/05 70 FR 71 84
04/27/05 70 FR 21 644
04/27/05 70 FR 21 71 8
09/14/05 70 FR 54286
09/14/05 70 FR 54327
04/19/06 71 FR20016
04/19/06 71 FR 20052
09/27/06 71 FR 56399
09/27/06 71 FR 56433
03/07/07 72 FR 10078
03/07/07 72 FR 101 05
09/19/07 72 FR 53463
09/19/07 72 FR 53509
03/19/08 73 FR 1471 9
03/19/08 73 FR 14742
11/00/08
11/00/08
03/00/09
03/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA publication information: NPRM-44
- frwebgate6.access.gpo.gov/cgi-
bin/waisgate.cgi?WAISdocID=
619330216737+1+0+0
&WAISaction=retrieve; EPA Docket
information: www.regulations.gov EPA-
HQ-SFUND-200X-XXXX
URL For More Information:
www. epa.gov/superfund
Agency Contact: Terry Jeng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 202 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
3232. • ADDITIONAL REFERENCE TO
NEW FORESTLAND PHASE I
STANDARD TO REFERENCED
COMPLIANT STANDARDS IN ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 312
Legal Deadline: None
Abstract: With this action, EPA will
recognize the "ASTM E2247-08
Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property" as
compliant with the All Appropriate
Inquiries Final Rule. The ASTM E2247-
08 standard was recently revised to be
compliant with the All Appropriate
Inquiries regulation. The AAI final rule
will be revised to add the new standard
to the list of referenced standards in
40 CFR 312.11. By taking this action
(Direct Final Rule with accompanying
NPRM), EPA will be complying with
the National Technology Transfer and
Advancement Act of 1995 (NTTAA).
The NTTAA directs EPA to use
voluntary consensus standards in its
regulatory activities, unless to do so
would be inconsistent with applicable
law or otherwise impractical. ASTM
International is a voluntary standards
development organization. ASTM
International formally requested that
EPA recognize the E2247-08 standard
as compliant with the AAI final rule
in a letter to Assistant Administrator
Susan Bodine dated lune 17, 2008.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
12/00/08
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5292
Agency Contact: Patricia Overmeyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460
Phone: 202 566-2774
Fax: 202 566-1476
Email:
overmeyer.patricia@epamail.epa.gov
Sven—Erik Kaiser, Environmental
Protection Agency, Solid Waste and
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
125
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Emergency Response, 5105T,
Washington, DC 20460
Phone: 202 566-2753
Fax: 202 566-1476
Email: kaiser, sven-
erik@epamail.epa.gov
RIN: 2050-AG47
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3233. CERCLA—ADMINISTRATIVE
REPORTING EXEMPTION FOR AIR
RELEASES OF HAZARDOUS
SUBSTANCES FROM ANIMAL WASTE
AT FARMS
Regulatory Plan: This entry is Seq. No.
108 in part II of this issue of the
Federal Register.
RIN: 2050-AG37
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3234. 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 Framework
(NRF). 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 NRF
is to provide a guide that describes how
the nation conducts all-hazard response
to domestic incidents. The NRF was
developed by the Department of
Homeland Security, in consultation
with Federal (including EPA), State,
tribal, local governments, first
responder organizations, private sector
preparedness and relief groups.
Alignment of the NCP with the NRF
will facilitate smooth integration of
emergency response activities under the
NCP with the NRF when both plans
are activated for an incident. The NRF
does not alter the existing authorities
of Federal departments and agencies,
but rather, establishes the coordinating
framework required to integrate the
authorities of various agencies into an
all-hazard approach to incident
management. EPA is making another
minor revision to the NCP. The
descriptions of Federal agency
capabilities are being updated, and
modifications are being made, where
appropriate to reflect the new
Department of Homeland Security
organization.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
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
lean 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
3235. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 and
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
-------
126
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
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
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3236. 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); 33
USC 1321(b)(3); CWA 311(d)(2)
CFR Citation: 40 CFR 300; 40 CFR 110
Legal Deadline: None
Abstract: The Agency is considering
proposing 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. The Agency is
considering revisions to subpart ] to
clarify and change protocols for
effectiveness and toxicity testing. The
aim is to clarify EPA's authority to
remove products from the Product
Schedule. These changes, if finalized,
will also 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. Further,
the Agency is considering proposed
changes to 40 CFR 110.4 regarding the
use of dispersants.
Timetable:
Action
Date
FR Cite
NPRM 06/00/09
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
3237. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
AIRPORT DEICING OPERATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: CWA 301; CWA 304;
CWA 306 to 308; CWA 402; CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from airport deicing
operations. Based on preliminary study
and on public comments, discharges
from deicing operations have the
potential to cause fish kills, algae
blooms, and contamination to surface
or ground waters. A source of these
pollutants is aircraft deicing fluid that
is not properly recaptured, re-used, or
treated before discharge. Deicing agents
typically contain glycols and additives.
There is great disparity among airports
in terms of wastewater treatment and
also in terms of discharge permits.
Effluent guidelines for these operations
would apply only to wastewaters that
are considered point source discharges.
Discharges that are non-point sources
would not be subject to any potential
effluent guidelines.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/09
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4948;
EPA publication information: Final
Action-projected date; EPA Docket
information: EPA-HQ-OW-2004-0038
URL For More Information:
www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
Brian D'Amico, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1069
Fax: 202 566-1053
Email: damico.brian@epa.gov
RIN: 2040-AE69
3238. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE CONSTRUCTION AND
DEVELOPMENT POINT SOURCE
CATEGORY
Regulatory Plan: This entry is Seq. No.
105 in part II of this issue of the
Federal Register.
RIN: 2040-AE91
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
127
EPA—Clean Water Act (CWA)
Proposed Rule Stage
3239. CRITERIA AND STANDARDS
FOR COOLING WATER INTAKE
STRUCTURES—PHASE II REMAND
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: CWA 101; CWA 301;
CWA 304; CWA 308; CWA 316; CWA
401; CWA 402; CWA 501; CWA 510
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: None
Abstract: Section 316(b) of the Clean
Water Act (CWA) requires EPA to
ensure that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available (BTA) for
minimizing adverse environmental
impacts. In developing regulations to
implement section 316(b), EPA divided
its effort into three rulemaking phases.
Phase II, for existing electric generating
plants that use at least 50 MGD of
cooling water, was completed in July
2004. Industry and environmental
stakeholders challenged the Phase II
regulations. On judicial review, the
Second Circuit remanded several key
provisions. In July 2007, EPA
suspended Phase II and is now
initiating a new 316(b) Phase II
rulemaking. EPA expects this new
rulemaking will similarly apply to
approximately 600 existing electric
generating plants and will address the
Second Circuit's remand.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5210
URL For More Information:
www. epa.gov/waterscience/316b
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1076
Email: shriner.paul@epamail.epa.gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1035
Email: matuszko.jan@epamail.epa.gov
RIN: 2040-AE95
3240. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Other Significant
Legal Authority: PL 106-554, sec 1404
to 1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop any such standards based on
the best available scientific information
on the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
would reduce environmental impacts of
cruise ships operating in the waters of
Alaska, the Alexander Archipelago, and
the Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/09
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters."
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3241. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: On October 15, 2007, EPA
proposed several amendments to the
Spill Prevention, Control, and
Countermeasure (SPCC) rule in order to
provided increased clarity, to tailor
requirements to particular industry
sectors, and to streamline certain
requirements for a facility owner or
operator subject to the rule.
Timetable:
Action
Date
FR Cite
Notice Clarifying
Certain Issues
NPRM1 yr
Compliance
Extension
05/25/04 69 FR 29728
06/17/04 69 FR 34014
Action
Date
FR Cite
08/11/04 69 FR 48794
09/20/04 69 FR 56184
Final 18 months
Compliance
Extension
NODA re certain
facilities
NODA re oil-filled and 09/20/04 69 FR 56182
process equipment
NPRM 10/15/07 72 FR 58377
Final Action 12/00/08
Regulatory Flexibility Analysis
Required: No
-------
128
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.2; EPA publication information:
NPRM—
http://edocket.access.gpo.gov/2007/pdf/
e7-19701.pdf; Split from RIN 2050-
AC62; EPA Docket information: EPA-
HQ-OPA-2007-0584
URL For More Information:
www.epa.gov/oilspill/spcc.htm
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG16
3242. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Other Significant
Legal Authority: CWA 301; CWA 304;
CWA 306 to 308; CWA 402; CWA 501
CFR Citation: 40 CFR Part 122; 40 CFR
Part 412
Legal Deadline: None
Abstract: This action finalizes revisions
to the National Pollutant Discharge
Elimination System (NPDES) permitting
requirements and Effluent Limitations
Guidelines and Standards (ELGs) for
Concentrated Animal Feeding
Operations (CAFOs). This rulemaking is
in response to the decision issued by
the U.S. Court of Appeals for the
Second Circuit Waterkeeper Alliance et
al. v. EPA, 399 F.3d 486 (2nd Cir.
2005). The rule revises the requirement
for all CAFOs to apply for NPDES
permits and instead requires only those
CAFOs that discharge or propose to
discharge to apply for permits. The rule
provides a voluntary no discharge
certification option for CAFOs that do
not discharge or propose to discharge.
The rule requires CAFOs seeking
permit coverage to submit their nutrient
management plans to the permitting
authority and requires the permitting
authority to include the terms of the
nutrient management plans as
enforceable permit conditions. The rule
also clarifies and reaffirms that
although the Clean Water Act (CWA)
does not confer authority to regulate
agricultural stormwater, the CWA
authorizes permitting authorities to
include water quality-based effluent
limitations (WQBELs) in an NPDES
permit to limit discharges from
production areas and land application
areas that are not agricultural
stormwater where necessary to meet
applicable water quality standards. In
addition, the final rule authorizes
permit writers, upon request by new
source veal calf, poultry, and swine
CAFOs to establish best management
practice no discharge effluent
limitations as a means of meeting the
New Source Performance Standard
(NSPS) no discharge standards and
affirms that the best conventional
technology (BCT) limitations adopted
in the 2003 ELGs do in fact represent
the Best Conventional Control
Technology for fecal coliform.
Timetable:
Action
Date FR Cite
NPRM 06/30/06 71 FR37744
Supplemental NPRM 03/07/08 73 FR 12321
Supplemental NPRM 04/07/08
Comment Period
End
Final Action 11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4996;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/2006/lune/Day-30/w5773.htm;
SNPRM-http://epa.gov/fedrgstr/EPA-
WATER/2008/March/Day-
07/w4504.htm; EPA Docket
information: EPA-HQ-OW-2005-0037
Agency Contact: Rebecca Roose,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0758
Email: roose.rebecca@epamail.epa.gov
George Utting, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
RIN: 2040-AE80
3243. IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: None
Legal Deadline: None
Abstract: In the 2001 Federal Register
notice of the availability of EPA's
recommended water quality criterion
for methylmercury, EPA stated that it
would develop associated procedures
and guidance for implementing the
criterion. For states and authorized
tribes exercising responsibility under
CWA section 303(c), this document
provides technical guidance on how
they might want to use the
recommended 2001 fish tissue-based
criterion to develop and implement
their own water quality standards for
methylmercury. The guidance
addresses topics including adoption
and revision of standards, monitoring,
waterbody assessment, water quality
standards issues, TMDL development,
and NPDES permitting. Since
atmospheric deposition is considered to
be a major source of mercury for many
waterbodies, implementing this
criterion involves coordination across
media and program areas.
Timetable:
Action
Date FR Cite
Final
01/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5098;
EPA Docket information: Docket ID No.
EPA-HQ-OW-2006-0656
URL For More Information:
http://www.epa.gov/waterscience/
criteria/methylmercury
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202 566-0378
Email: leutner.fred@epamail.epa.gov
RIN: 2040-AE87
3244. NPDES GENERAL PERMIT FOR
DISCHARGES INCIDENTAL TO THE
NORMAL OPERATIONS OF A VESSEL
Priority: Other Significant
Legal Authority: 33 USC 1342
CFR Citation: 40 CFR 122.3
Legal Deadline: None
Abstract: Creation of this permit is
necessary to address a District Court
ruling which vacates a regulatory
exemption at 40 CFR 122.3(a). Nw.
Envtl. Advocates v. EPA, 2006 U.S.
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Environment Protection Agency Fall 2008 Regulatory Agenda
129
EPA—Clean Water Act (CWA)
Final Rule Stage
Dist. LEXIS 68476 (N.D. Cal. Sep. 18,
2006). The regulation excludes
discharges incidental to the normal
operation of a vessel from NPDES
permitting and has existed, essentially
unchanged, since 1973. Under the
ruling and subsequent extension, the
district court will vacate the entire
exclusion as of December 19, 2008.
Once vacatur takes place, discharges of
pollutants incidental to the normal
operation of a vessel that had formerly
been exempted from NPDES permitting
by the regulation will be subject to
prohibitions in CWA section 301 (a)
against the discharge of a pollutant
without a permit.
Timetable:
Action
Date FR Cite
Proposal 06/17/08 73 FR 34296
Comment Period End 08/01/08
Final Action 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5162;
EPA publication information: Proposal
http://edocket.access.gpo.gov/2008/pdf/
E8-13615.pdf; EPA Docket information:
EPA-HQ-OW-2008-0055
URL For More Information:
http://www.epa.gov/npdes/vessels
Agency Contact: Ryan Albert,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0763
Email: albert.ryan@epamail.epa.gov
Juhi Saxena, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0719
Email: saxena.juhi@epamail.epa.gov
RIN: 2040-AE93
3245. REVISIONS TO THE CLEAN
WATER ACT REGULATORY
DEFINITION OF "DISCHARGE OF
DREDGED MATERIAL"
Priority: Info./Admin./Other
Legal Authority: 33 USC 1344
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking responds to
the court order issued in the NAHB v.
U.S. Army Corps of Engineers case,
which struck down the "Tulloch II"
rule promulgated under section 404 of
the CWA. This case resulted in the
reinstatement of regulations applicable
immediately prior to promulgation of
the Tulloch II Rule (promulgated in
1999). This final rule is intended to
amend the regulations at 33 CFR 323.3
and 40 CFR 232.2 to conform with the
current legal state of the regulations
governing discharges of dredged
material.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5205
Agency Contact: Rachel Fertik,
Environmental Protection Agency,
Water, 4502T, Washington, DC 20460
Phone: 202 566-1452
Email: fertik.rachel@epamail.epa.gov
Donna Downing, Environmental
Protection Agency, Water, 4502T,
Washington, DC 20460
Phone: 202 566-1367
Email:
downing.donna@epamail.epa.gov
RIN: 2040-AE96
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3246. • OIL POLLUTION PREVENTION;
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE;
REVISIONS TO THE REGULATORY
DEFINITION OF "NAVIGABLE
WATERS"
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: EPA is developing a final
rule to amend a Clean Water Act
(CWA) section 311 regulation that
defines the term "navigable waters."
On July 17, 2002, EPA promulgated a
final rule that included revisions to the
definition of "navigable waters" in the
Spill Prevention, Countermeasure and
Control (SPCC) regulation. On March
31, 2008, the United States District
Court for the District of Columbia
(D.D.C.) in American Petroleum
Institute v. Johnson, 571 F.Supp.2d 165
(D.D.C. 2008), invalidated the revisions
to the definition of "navigable waters"
and restored the regulatory definition
of "navigable waters" promulgated by
EPA in 1973. EPA plans to amend the
definition of "navigable waters" in part
112 to comply with that decision.
Timetable:
Action
Date FR Cite
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.6; Split from RIN 2050-AG16.
Split from RIN 2050-AC62.; EPA Docket
information: EPA-HQ-OPA-2008-0569
URL For More Information:
www.epa.gov/oilspill/spcc.htm
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG48
3247. 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
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130
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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
Additional Information: SAN No. 3713
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epamail.epa.gov
RIN: 2040-AC93
3248. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: The proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR parts 136 and
503 to approve EPA Method 1668 for
the congener-specific determination of
co-planar and mono-ortho-substituted
polychlorinated biphenyls (PCBs) in
effluent, ambient water, and sludge.
This method is necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's water quality
standard. At present there is no EPA
analytical method for determination of
these PCBs at the levels of concern.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be
To Be
Determined
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4049
URL For More Information:
http://www.epa.gov/waterscience/
methods
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epamail.epa.gov
Brian Englert, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-0754
Fax: 202 566-1053
Email: englert.brian@epamail.epa.gov
RIN: 2040-AD09
3249. 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
01/00/10
06/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357
URL For More Information:
http://www.epa.gov/owow/oceans/
regulatory/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
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Environment Protection Agency Fall 2008 Regulatory Agenda
131
EPA—Clean Water Act (CWA)
Long-Term Actions
Jonathan Amson, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2 040-AD 3 9
3250. 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 to 124
Legal Deadline: None
Abstract: EPA plans to revise NPDES
requirements in parts 122, 123, and 124
to eliminate redundant regulations,
provide clarification, and remove or
streamline unnecessary procedures.
Revisions under consideration in this
rule include modifying and
streamlining existing permit application
requirements. Other revisions may be
considered as work on this rule
progresses. This rulemaking is expected
to affect entities that implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be
To Be
Determined
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
EPA publication information: Final
Action-projected date.
Agency Contact: David Hair,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0588
Fax: 202 564-9544
Email: hair.david@epamail.epa.gov
Tom Laverty, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
3251. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41 and 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3999;
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 Molloy, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6392
Fax: 202 564-6392
Email: molloy.jennifer@epa.gov
RIN: 2040-AD02
3252. NPDES PERMIT
REQUIREMENTS FOR PEAK WET
WEATHER DISCHARGES FROM
PUBLICLY OWNED TREATMENT
WORK TREATMENT PLANTS
SERVING SANITARY SEWER
COLLECTION SYSTEMS POLICY
Priority: Other Significant
Legal Authority: 33 USC 1311; 33 USC
1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
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132
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. Based
on a review of all the information
received, EPA has decided not to
finalize the policy as proposed in
November 2003. On December 22,
2005, EPA requested public comment
on an alternative Peak Flows Policy
that is significantly different than the
2003 draft policy.
Timetable:
Action
1st Draft Policy
2nd Draft Policy
Final Policy
Date FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 7601 3
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
EPA publication information: 1st Draft
Policy - frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=
2003_register&docid= fr07no03-24.pdf;
EPA Docket information: EPA-HQ-OW-
2005-0523
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0040
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
3253. AVAILABILITY OF AND
PROCEDURES FOR REMOVAL
CREDITS
Priority: Other Significant
Legal Authority: 33 USC 1251 CWA
101; 33 USC 1288 CWA 208; 33 USC
1311 CWA 301; 33 USC 1314 CWA
304; 33 USC 1317 CWA 307; 33 USC
1318 CWA 308; 33 USC 1319 CWA
309; 33 USC 1342 CWA 402; 33 USC
1345 CWA 405; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: This action is an update to
the removal credits regulation found at
40 CFR 403.7. Specifically, EPA will
propose to amend the list of pollutants
eligible for removal credits in 40 CFR
403.7, Appendix G, Table II, to add 16
pollutants that EPA has determined
would not need to be regulated under
the sewage sludge regulations. These 16
pollutants have gone through the same
assessment as the pollutants currently
identified as eligible for removal credits
in Table II; the assessment included
public notice and comment in
conjunction with a related Office of
Water action.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
10/14/05
01/00/10
01/00/11
FR Cite
70 FR 601 99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
3663.1; Split from RIN 2040-AC58.
Agency Contact: Jennifer Chan,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-3067
Fax: 202 564-6431
Email: chan.jennifer@epa.gov
Ian Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickrel.jan@epa.gov
RIN: 2040-AE88
3254. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
CHLORINE AND CHLORINATED
HYDROCARBON MANUFACTURING
PROCESS
Priority: Other Significant
Legal Authority: 30 USC 1311 et seq
CFR Citation: 40 CFR 414 (Revision)
and 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering revising
the existing effluent guidelines and
standards for the manufacture of
chlorinated hydrocarbons and
elemental chlorine. We refer to this
industrial segment as chlorine and
chlorinated hydrocarbons
manufacturing, or CCH. Currently,
wastewater discharges from chlorinated
hydrocarbons manufacturing are subject
to the Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR part 414). The
wastewater discharges from chlorine
manufacturing through the chlor-alkali
manufacturing process are subject to
the Inorganic Chemicals Point Source
Category (40 CFR part 415). Based on
a preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin. Since this effluent guidelines
review began, EPA has gathered
industry data through site visits and
sampling and also developed a survey
to collect detailed site-specific data
from all known CCH manufacturers.
Because CCH member companies are
currently collecting data to characterize
baseline discharge quantities of dioxin,
at this time EPA is deferring its efforts
to survey the CCH industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
EPA publication information: NPRM-
projected date; This action was
previously titled Effluent Limitations
Guidelines and Standards for the Vinyl
Chloride and Chlor-Alkali Point Source
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Environment Protection Agency Fall 2008 Regulatory Agenda
133
EPA—Clean Water Act (CWA)
Long-Term Actions
Categories; EPA Docket information:
EPA-HQ-OW-2005-0012
URL For More Information:
www.epa.gov/waterscience/guide/cch/
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AE82
3255. • NPDES PROGRAM
MANAGEMENT INFORMATION
RULEMAKING
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: CWA sections 304(i)
and 501(a), 33 USC 1314(i) and 1361(a)
CFR Citation: 40 CFR 123, 403, and
501
Legal Deadline: NPRM, ludicial,
August 25, 2008.
Abstract: The U.S. Environmental
Protection Agency (EPA) has the
primary responsibility to ensure that
the Clean Water Act's (CWA) National
Pollutant Discharge Elimination System
(NPDES) program is effectively and
consistently implemented across the
country, thus ensuring that the human
health and environmental protection
goals of the CWA are met. This
regulation would identify the essential
information that EPA needs to receive
from NPDES agencies (NPDES-
authorized States, territories, and tribes)
effectively to manage the national
NPDES permitting and enforcement
program. Through this regulation, EPA
seeks to ensure that such facility-
specific information would be readily
available, accurate, timely and
nationally consistent on the facilities
that are regulated by the NPDES
program.
EPA's business needs for this
information include:
a) Identifying the universe of facilities
covered by the NPDES program;
b) Identifying the compliance status of
facilities subject to NPDES regulations
in a nationally consistent manner;
c) Informing and enabling the Office of
Water to develop effective water
pollution regulations;
d) Developing a national picture of the
status of implementation of the CWA
in watersheds throughout the nation;
e) Identifying potential non-compliance
problems and their associated
environmental impacts so that
resources can be effectively targeted;
f) Developing effective national
strategies for improving compliance
and environmental protection;
g) Demonstrating results achieved to
meet NPDES program goals, including
the Government Performance and
Results Act (GPRA) measures reported
to Congress, under Goal 2 (Clean and
Safe Water) and Goal 5 (Compliance
and Environmental Stewardship);
h) Informing EPA's national program
management responsibilities;
i) Responding to frequent inquiries
from various Congressional members;
and
j) Informing the public about the
compliance status of facilities in their
communities.
In the past, EPA primarily obtained this
information from the Permit
Compliance System (PCS). Since 1985,
PCS served as the national data base
for the NPDES program and as the
primary source of NPDES information
for EPA, NPDES-authorized States,
Congress, and the public. However, the
evolution of the NPDES program since
the inception of PCS has created an
increasing need to better reflect a more
complete picture of the NPDES program
and the diverse universe of regulated
sources, including smaller and non-
traditional sources. In addition,
information technology has advanced
significantly since the creation of PCS.
PCS no longer meets EPA's national
needs to manage the full scope of the
NPDES program or the needs of
individual States that use PCS to
implement and enforce the NPDES
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/09
08/00/10
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5251
Agency Contact: Andrew Hudock,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1200 Pennsylvania Ave,
NW., Washington, DC 20460
Phone: 202 564-6032
Email: hudock.andrew@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, 1200 Pennsylvania
Ave, NW., Washington, DC 20460
Phone: 202 564-4017
Email: dombrowski.john@epa.gov
RIN: 2020-AA47
3256. NEW/REVISED AMBIENT
WATER QUALITY CRITERIA (AWQC)
FOR RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Judicial,
October 15, 2012, consent decree,
10/15/2012.
Abstract: EPA is publishing new or
revised water quality criteria
recommendations for pathogens and
pathogen indicators pursuant to CWA
section 304(a)(9)(A). The criteria
recommendations will be considered by
states in adopting new or revised water
quality standards to protect swimming.
The foundation for the development of
new or revised recreational water
quality criteria is the relevant research
and studies that EPA and others have
completed prior to 2007 and the
research and studies that EPA (and
others) will undertake between 2007
and the end of 2010. These studies and
the timelines for completing these
studies are fully described in EPA's
"Critical Path Science Plan for the
Development of New or Revised
Recreational Water Quality Criteria"
(CPSP). They include freshwater and
marine epidemiological studies, as well
as supporting studies to aid in the
development of criteria for use in a
range of geographic areas. Together,
these studies will be analyzed and
evaluated for use in publishing EPA's
new or revised recreational criteria
recommendations.
Timetable:
Action
Date
FR Cite
Draft Guidance
Final Guidance
03/00/12
10/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
-------
134
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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: 2 040-AE 7 7
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3257. WATER TRANSFERS RULE
Priority: Other Significant
CFR Citation: 40 CFR 122.3
Completed:
Reason
Date
FR Cite
NPRM
Final Action
06/07/06 71 FR 32887
06/13/08 73 FR 33697
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Virginia Garelick
Phone: 202 564-2316
Fax: 202 564-6384
Email:
garelick.virginia@epamail.epa.gov
Allison Wiedeman
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE86
3258. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
CFR Citation: 40 CFR 401; 40 CFR 419
Completed:
Reason
Date
FR Cite
Withdrawn
08/25/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Debra Nicoll
Phone: 202 566-1020
Fax: 202 566-1053
Email: nicoll.debra@epa.gov
RIN: 2040-AE61
3259. 2008 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Plan 09/15/08 73 FR 53218
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carey lohnston
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Samantha Lewis
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AE89
3260. • NPDES VOLUNTARY PERMIT
FEE INCENTIVE FOR CLEAN WATER
ACT SECTION 106 GRANTS;
ALLOTMENT FORMULA
Priority: Other Significant
Legal Authority: CWA 106
CFR Citation: 40 CFR 35.l62(e)
Legal Deadline: None
Abstract: The final rulemaking
provides a financial incentive to States
that implement new or expanded fee
programs when issuing National
Pollutant Discharge Elimination System
(NPDES) permits under the Clean Water
Act (CWA). EPA's rule allots up to
three percent of the FY 2008 base funds
allocated to States from CWA section
106 grants appropriated by Congress to
States that have adequate NPDES
permit fee programs. The final rule
takes effect on the date of publication
in the Federal Register. The rule will
be implemented in FY 2009. The
increased cost of administering NPDES
programs has prompted some States to
implement permit fee programs to
cover the shortfalls. Many States,
however, still operate their permit
programs with little or no reliance on
permit fees. The NPDES Voluntary
Permit Fee Incentive for Clean Water
Act section 106 Grants; Allotment
Formula will create financial incentives
to prompt more States to implement
adequate NPDES fee programs and shift
part of the financial burden to those
who benefit from NPDES permits. It
will also allow States to shift CWA
Section 106 funds to target other
critical water quality program activities.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/04/07 72FR293
03/05/07
09/10/08 73 FR 52585
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5243;
EPA publication information: NPRM -
http://www. epa.gov/fedrgstr/EPA-
WATER/ 200 7/January/Day-
04/w22549.htm; Final Action-
http://www.epa.gov/fedrgstr/EPA-
WATER/2008/September/Day-
10/w21046.htm; EPA Docket
information: EPA-HQ-OW-2006-0765
Agency Contact: Ben Hamm,
Environmental Protection Agency,
Water, 4201M, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 564-0648
Fax: 202 501-2399
Email: hamm.ben@epamail.epa.gov
Robyn Delehanty, Environmental
Protection Agency, Water, 4201M,
Washington, DC 20460
Phone: 202 564-3880
Email:
delehanty.robyn@epamail.epa.gov
RIN: 2040-AE99
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
135
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3261. SECOND 6-YEAR REVIEW OF
EXISTING NATIONAL PRIMARY
DRINKING WATER REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141 and 142
Legal Deadline: Final, Statutory,
August 6, 2009, Complete review? for
contaminants with NPDWRs
promulgated prior to August 2002.
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to review and
revise, if appropriate, all National
Primary Drinking Water Regulations
(NPDWRs) no less frequently than once
every 6 years. According to SDWA, any
revisions of drinking water regulations
must maintain, or increase, the level of
public health protection provided;
however, EPA may identify regulatory
changes that will streamline or reduce
existing requirements without lessening
the level of public health protection.
As part of this action, the Office of
Water (OW) will implement the
existing protocol for conducting each 6-
year review? (developed under the first
6- year review? cycle) to review? critical
elements for regulated chemical
contaminants (e.g., health risks,
occurrence, analytical methods,
treatment technologies). No new?
requirements will be imposed by this
action. The purpose of the review? is
to determine whether new data,
technology, or other factors exist that
justify revisions to existing NPDWRs.
The outcome of the review? will be a
Federal Register notice making
available the results of the Agency's
review and recommendations for any
regulations the Agency may consider
revising. Because this action does not
change or add to existing requirements,
OW will not be performing a formal
economic analysis or consulting with
small businesses, governments, or tribal
officials. OW does not plan to generate
new data as part of this action; the
review? will be based on recent
compliance data from public water
systems and existing data on health
effects (such as completed IRIS and
OPPTS health risk assessments) and
analytical methods.
Timetable:
Action
Date FR Cite
Preliminary Notice
Final Notice
08/00/09
05/00/11
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5066
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: w?irth.karen@epamail.epa.gov
Rajiv Khera, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-1881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
3262. FEDERAL REQUIREMENTS
UNDER THE UNDERGROUND
INJECTION CONTROL (UIC)
PROGRAM FOR CARBON DIOXIDE
(CO2) GEOLOGIC SEQUESTRATION
(GS) WELLS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 144 to 146
(proposed revision)
Legal Deadline: None
Abstract: Geologic Sequestration (GS)
is the process of injecting CO2 that has
been captured from an emission source,
such as a coal fired electric power
plant, into deep subsurface rock
formations for long term storage. The
Safe Drinking Water Act (SDWA)
requires EPA to regulate the injection
of fluid, including gases such as CO2,
to prevent the endangerment of
underground sources of drinking water
(USDWs) and public health. In March
2007, EPA issued guidance to assist
State and EPA Regional Underground
Injection Control Programs in
processing permit applications for pilot
and other demonstration scale GS
projects. EPA committed to following
up the guidance with the development
of a long term management framework
for permitting commercial scale GS
projects. The rule when finalized will
establish these new Federal
requirements for States and Regional
UIC Programs.
Timetable:
Action
Date
FR Cite
NPRM Comment
Period End
Final Action
11/24/08
12/00/10
Regulatory Flexibility Analysis
Required: No
Action
Date
FR Cite
NPRM
07/25/08 73 FR 43491
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5211;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/pdf/
E8-16626.pdf; EPA Docket information:
EPA-HQ-OW-2008-0390
URL For More Information:
http://www.epa.gov/ogwdw/uic/
wells sequestration.html
Agency Contact: Lee Whitehurst,
Environmental Protection Agency,
Water, 4606M, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 202 564-3896
Email: whitehurst.lee@epamail.epa.gov
RIN: 2040-AE98
3263. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
MINOR CORRECTION TO STAGE 2
DISINFECTANTS AND DISINFECTION
BYPRODUCTS RULE AND CHANGES
RELATED TO REFERENCES OF
ANALYTICAL METHODS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: EPA promulgated the Stage
2 Disinfectants and Disinfectant
Byproducts Rule on January 4, 2006 (71
FR 388). The requirements for ground
water systems serving 500-9999 people
were unintentionally excluded from the
final rule. As a result, the rule allowed
for less routine compliance monitoring
than intended for this category of
PWSs. These PWSs should have been
required to monitor for both trihalo
methanes (TTHMs) and HAAS
concentrations. Due to the error, they
were only required to monitor for either
TTHMs or HAASs. EPA also needs to
add a notation to methods tables
currently in the regulations to indicate
where readers can find the list of
methods approved under the expedited
process. This action will add a
reference to the list of additional
methods to tables in 40 CFR 141.
-------
136
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date
FR Cite
11/00/08
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5272;
Agency Contact: Thomas Grubbs,
Environmental Protection Agency,
Water, 1200 Pennsylvania Avenue NW.
Washington, DC 20460
Phone: 202 564-5262
Email: grubbs.thomas@epamail.epa.gov
Pat Fair, Environmental Protection
Agency, Water, 1200 Pennsylvania
Avenue NW., Washington, DC 20460
Phone: 513 569-7937
Email: fair.pat@epamail.epa.gov
RIN: 2040-AFOO
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3264. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Other Significant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Final, Statutory,
February 24, 2010, SDWA requires EPA
to publish a list of candidate
contaminants every 5 years. CCL2
published 2/24/2005.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every five years
of contaminants that are known or
anticipated to occur in public water
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRC) and
National Drinking Water Advisory
Council (NDWAC), as applicable, to
develop an approach to identify and
narrow? a very broad universe of
potential contaminants into a smaller,
more focused list for future CCLs.
Timetable:
Action
Date
FR Cite
Preliminary FR
Final Action
02/21/08 73 FR 9627
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745;
EPA publication information:
Preliminary FR -
http://www.epa.gov/fedrgstr/EPA-
WATER/2008/February/Day-
2lAv3114.pdf; EPA Docket information:
EPA—HQ— OW—2007—1189
URL For More Information:
http://www.epa.gov/safewater/ccl
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AD99
3265. DRINKING WATER
REGULATIONS FOR AIRCRAFT
PUBLIC WATER SYSTEM
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: The action is to tailor
drinking water rule requirements to the
unique characteristics of aircraft to
ensure that the water passengers drink
while on an airplane is safe. This
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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/09/08 73 FR 19319
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4966;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/pdf/
E8-7035.pdf; EPA Docket information:
EPA-HQ-OW-2005-0025
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: 202 564-3755
Email: naylor.richard@epa.gov
RIN: 2040-AE84
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
137
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3266. 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
Notice 99
NPRM
Final Action
Date
09/30/86
07/1 8/91
02/26/99
11/02/99
05/00/1 1
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA Docket information: EPA-HQ-OW-
2003-0041
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
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@epamail.epa.gov
RIN: 2040-AA94
3267. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will
reexamine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
NPRM
Final Action
Date
To Be
To Be
FR Cite
Determined
Determined
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. 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
3268. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water and drinking
water in a number of states due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
Presently, the Agency is revising the
health assessment for MTBE.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3269. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND
CONSIDERATION OF DISTRIBUTION
SYSTEM ISSUES
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
-------
138
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
CFR Citation: 40 CFR 141 and 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register (68
FR 42907) Notice of Intent to revise the
TCR. EPA intends revisions to the TCR
to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks."The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR and to consider
how to address distribution system
contamination issues. The process to do
so involves a performance evaluation,
development of issue papers on both
distribution systems and total coliform,
stakeholders meetings, and proposed
and final rules.
In September 2008, members of a
Federal Advisory Committee signed an
agreement in principle (AIP) that
recommended revisions to the TCR, as
well as research and information
collection needed to better understand
potential public health impacts from
conditions in the distribution system
and control microbial drinking water
contamination.
Timetable:
Action
NPRM
Final Action
Date
08/00/1 0
11/00/12
FR Cite
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775
URL For More Information:
www.epa.gov/safewater/tcr/tcr.html
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov
Yu—Ting Guilaran, Environmental
Protection Agency, Water, 460 7M,
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: guilaran.yu-
ting@epamail.epa.gov
RIN: 2040-AD94
3270. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l
SDWA 1422; 42 USC 300h-4 SDWA
1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason is to allow EPA to incorporate
by reference into the Code of Federal
Regulations the State program
authorities. Current citations to State
regulations in 40 CFR part 147 are out
of date for many States. This update
is necessary to ensure that the CFR
accurately reflects current approved
State UIC programs and that elements
of those programs are federally
enforceable if necessary. EPA Regional
Offices will be submitting State
revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date
FR Cite
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236
Agency Contact: Robert-Eu Smith,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3895
Fax: 202 564-3756
Email: smith.robert-eu@epamail.epa.gov
Jeff Jollie, Environmental Protection
Agency, Water, WTR9, Washington, DC
20460
Phone: 202 564-3886
Fax: 415 947-3549
Email: jollie.jeff@epamail.epa.gov
RIN: 2040-AD40
3271. • REVISING UNDERGROUND
STORAGE TANK REGULATIONS-
REVISIONS TO EXISTING
REQUIREMENTS AND ADDITIONS TO
INCORPORATE THE PROVISIONS OF
THE ENERGY POLICY ACT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Underground Storage
Tank (UST) regulations were first
promulgated in 1988 primarily to
prevent releases from retail petroleum
marketers (gas stations) and other
facilities into the environment. These
regulations have reduced the incidents
of contamination. However, there is a
need to revise the regulations to
incorporate changes to the UST
program from the Energy Policy Act of
2005, as well as to update outdated
portions of the regulations due to
changes in technology since the 1980s.
On August 8, 2005, President Bush
signed the Energy Policy Act of 2005
(EPAct). Title XV, subtitle B, of this act
(entitled the Underground Storage Tank
Compliance Act of 2005) amends
subtitle I of the Solid Waste Disposal
Act, the original legislation that created
the UST program. There are key
provisions of the EPAct that apply to
-------
Environment Protection Agency Fall 2008 Regulatory Agenda
139
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
states receiving federal UST funding
but do not apply in Indian Country,
including requirements for secondary
containment, operator training and
delivery prohibition. As a part of this
action, EPA plans to implement these
provisions in Indian Country and in
states that choose not to obtain State
Program Approval from EPA in order
to achieve more consistent program
results in release prevention and
compliance. Both EPA and tribes
recognize the importance of having
requirements that can help to ensure
parity in program implementation
between States and in Indian Country,
which is consistent with EPA's policy.
Through this action, EPA will ensure
federal enforceability of the EPAct
provisions across the country. EPA will
also use our knowledge of the program
gained over the last 20 years to update
and revise the regulations to make
targeted changes to improve
implementation and prevent UST
releases.
Timetable:
Action
Date
FR Cite
NPRM 06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5284;
None
URL For More Information:
www.epa.gov/oust/
Agency Contact: Elizabeth McDermott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401P, Washington, DC 20460
Phone: 703 603-7175
Fax: 703 603-0175
Email:
mcdermott.elizabeth@epamail.epa.gov
Paul Miller, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5401P, Washington, DC
20460
Phone: 703 603-7165
Fax: 703 603-0175
Email: miller.paul@epamail.epa.gov
RIN: 2050-AG46
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3272. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Preliminary Notice
Final Notice
05/01/07 72 FR 24016
07/30/08 73 FR 44251
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Yvette
Selby-Mohamadu
Phone: 202 564-5245
Fax: 202 564-3760
Email: selby-
mohamadu.yvette@epamail.epa.gov
Wynne Miller
Phone: 202 564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
RIN: 2040-AE60
3273. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE I
DISINFECTANT/DISINFECTION
BY-PRODUCTS RULE (COMPLETION
OF A SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: Congress required EPA to
promulgate a Stage 1 and a Stage 2
Distribution Disinfection By-products
Rule (DBPR) as part of the 1996 Safe
Drinking Water Act Amendments (sec.
1412 (b)(2)(C)). The Stage 1 DPBR was
finalized in 1998 (63 FR 69390, Dec.
16, 1998). Under the Stage 1 DBPR,
EPA set maximum disinfectant level
goals or maximum contaminant level
goals for several disinfectants and
disinfection by-products. EPA also set
monitoring, reporting and public
notification requirements for these
compounds. EPA performed a
regulatory flexibility analysis pursuant
to the Regulatory Flexibility Act (5
U.S.C. 604) and was not able to certify
that the final Stage 1 DBPR will not
have a significant economic impact on
a substantial number of small entities.
The Stage 2 DBPR (71 FR 388, Ian. 4,
2006) augments Stage 1 DBPR. EPA re-
evaluated the Stage 1 DBPR and
worked with stakeholders to develop
the Stage 2 DBPR through consultation
with a DBF Federal Advisory
Committee (including small water
system owners): State, local, and tribal
governments; the National Drinking
Water Advisory Committee; the Science
Advisory Board; a Small Business
Regulatory Enforcement Fairness Act
consultation; a pre-proposal draft for
comment as well as formal notice and
public comment on the proposed Stage
2 DBPR. This entry in the regulatory
agenda announced that while EPA has
taken steps to evaluate and mitigate
impacts on small entities of the Stage
1 DBPR as part of the promulgation of
the final Stage 2 DBPR, pursuant to
section 610 of the Regulatory Flexibility
Act (5 U.S.C. 610), EPA reviewed the
Stage 1 DBPR. As part of this review?,
EPA considered and solicited
comments on the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal State,
or local government rules; and (5) the
degree to which the technology,
economic conditions or other factors
have changed in the area affected by
the rule. EPA received no comments
and completed the review. Based on
the evaluation of the Stage 1 DBPR
during the promulgation of the Stage
2 DBPR, EPA believes there is a
continued need for the Stage 1 DBPR.
-------
140
Environment Protection Agency Fall 2008 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Completed Actions
Timetable:
Action
Date
FR Cite
Final Rule
Begin Review
End Comment Period
End Review
12/16/98 63 FR 69389
05/05/08 73 FR 24755
08/04/08
08/19/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5258;
EPA Docket information: EPA-HQ-OW-
2008-0226
Agency Contact: Sandy Evalenko,
Environmental Protection Agency,
Water, 4101M, Washington, DC 20460
Phone: 202 564-0264
Email: evalenko.sandy@epamail.epa.gov
Stephanie Flaharty, Environmental
Protection Agency, Water, 4601M,
Washington, DC 20460
Phone: 202 564-5072
Email:
flaharty.stephanie@epamail.epa.gov
RIN: 2040-AE97
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3274. SHORE PROTECTION ACT
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 "Shore
Protection Act of 1988"; PL 100-688
"4103(b)"
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule would implement
provisions of the Shore Protection Act
(SPA) designed to prevent the deposit
of municipal and commercial waste
into U.S. coastal waters. This rule
would establish minimum waste
handling practices for vessels and
waste handling facilities involved in
the transport of municipal or
commercial wastes in the coastal waters
of the United States. The rule may
require certain vessels and waste
handling facilities to develop an
operation and maintenance manual that
identifies procedures to prevent, report,
and clean up deposits of waste into
coastal waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule.
Timetable:
Action
NPRM
Final Action
Date
08/30/94
To Be
FR Cite
59 FR 44798
Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental lurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. E8-21213 Filed 11-21-08; 8:45 am]
BILLING CODE 6560-50-S
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A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610
REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the
periodic review of its rules that have a significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in the next year.
2040-AE97
2060-AO82
2060-AP09
National Primary Drinking Water Regulations: Stage I Disinfectant/Disinfection By-Products Rule
Control of Emissions of Air Pollution From Nonroad Diesel Engines
VOC Regulation for Architectural Coatings
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas
identifying those rules that may have a significant economic impact on a substantial number of small
entities. Agencies meet that requirement by including the information in their submissions for the Unified
Agenda. The following index lists the regulatory actions in this publication for which EPA believes that the
Act may require a Regulatory Flexibility Analysis because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or small organizations.
Businesses
2040-AA94
2040-AD94
2060-AM44
2060-A081
2060-AM34
2070-AJ20
2070-AJ22
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
Renewable Fuels Standard Program
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Governmental Jurisdictions
2040-AA94
2040-AD94
2060-AM44
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
Organizations
2060-AM44
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
-------
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas
identifying those rules that may have a significant economic impact on a substantial number of small
entities. Agencies meet that requirement by including the information in their submissions for the Unified
Agenda. Some agencies including EPA have chosen to identify additional regulatory actions that may
have some impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen to
indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may not
be required.
Businesses
2008-AAOl
2025-AA19
2025-AA16
2025-AA17
2025-AA11
2025-AA02
2040-AE91
2040-AE95
2040-AD09
2040-AE82
2040-AC13
2040-AB85
2050-AG43
2050-AE87
2050-AG45
2050-AE51
2050-AG29
2060-AO15
2060-AI62
2060-AE94
2060-ANOO
2060-A012
2060-A038
2060-AO66
Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
TPJ; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction
and Beneficiation
Public Information and Confidentiality Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Poly chlorinated Biphenyls
(PCBs) Under the Clean Water Act
Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing
Process
National Primary Drinking Water Regulations: Aldicarb
Shore Protection Act Regulations
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as Minefill
in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
NESHAP: Portland Cement Notice of Reconsideration
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
NSPS: SOCMI-Waste-water Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Plywood and Composite Wood Products (PCWP) NESHAP-Amendments To Address "No Emission
Reduction" MACT Floors
2060-AO90
NSPS for Equipment Leaks; Amendments
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2060-AP34
2060-A025
2060-AH37
2060-AK26
2060-AO42
2060-AM37
2060-A016
2060-AO55
2060-AN43
2060-AM55
2060-A029
2060-AM06
2060-A027
2070-AJ45
2070-AJ38
2070-AJ32
2070-AB27
2070-AD16
2070-AD61
2070-AD58
2070-AC37
2070-AJ06
2070-AJ09
2070-AB11
2070-AC21
2070-AJ29
2070-AD30
2070-AD14
2070-AJ26
2070-AC51
2070-AJ04
2070-AA58
2070-AJ31
2070-AB79
2070-AB94
2070-AC76
2070-AD10
2070-AD25
NSPS Equipment Leaks (Subpart VV SOCM and GGG Petroleum Refineries); Amendments
Revision of Hearing-Protector Regulations
Review of New Sources and Modifications in Indian Country
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
Review of New Source Performance Standards—Portland Cement
NESHAP: Area Source Standards—Plating and Polishing
Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Resins, and
Hydrogen Fluoride
Petroleum Refinery Residual Risk Standards
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under
Section 608 of the Clean Air Act
Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per
Cylinder
NESHAP—Area Source Standards-Nine Metal Fabrication and Finishing Source Categories (12 SICs, 23
NAICS Codes)
Pesticides; Reconsideration of Exemptions for Insect Repellents
Poly chlorinated Biphenyls (PCBs); Use and Distribution in Commerce
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers
Refractory Ceramic Fibers (RCFs)
Testing Agreement for Perfluorooctanoic Acid (PFOA)
HAPs Testing Agreement for Diethanolamine
TSCA Section 8(d) Health and Safety Data Reporting Rules
Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
Pesticide Agricultural Container Recycling Program
Pesticides; Data Requirements for Antimicrobials
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Pesticides; Determination of Status of Prions as Pests
Asbestos Model Accreditation Plan Revisions
TSCA Inventory Nomenclature for Enzymes and Proteins
Follow-Up Rules on Existing Chemicals
Significant New Use Rule for Chloranil
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Testing for Existing Chemicals (Overview Entry for Future Needs)
Test Rule; Hazardous Air Pollutants (HAPs)
Test Rule; Certain Metals
Voluntary High Production Volume (HPV) Chemical Challenge Program
-------
2070-AD28 Testing Agreement for Certain Oxygenated Fuel Additives
2070-AD44 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
2070-AJ07 Testing Agreement for Aryl Phosphates (ITC List 2)
2070-AJ08 Test Rule; Brominated Flame Retardants (BFRs)
2070-AJ10 HAPS Testing Agreement for Hydrogen Fluoride
2070-AJ1 1 HAPS Testing Agreement for Phthalic Anhydride
2070-AJ13 Testing Agreement for Maleic Anhydride
2070-AB08 TSCA Section 8(a) Preliminary Assessment Information Rules
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
7070 AD64 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
- Based Paint Hazards in Target Housing
2070-AD53 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
2070-AJ43 TSCA Inventory Update Reporting Modifications
2070-AJ30 Nanoscale Materials Under TSCA
Governmental Jurisdictions
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
/~. .
Category
2040-AE95 Criteria and Standards for Cooling Water Intake Structures-Phase II Remand
A nno ^es^ Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Poly chlorinated Bipheny Is
(PCBs) Under the Clean Water Act
7040 ADO? NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
- Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
2040-AC13 National Primary Drinking Water Regulations: Aldicarb
2040-AB85 Shore Protection Act Regulations
A P4S Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as Minefill
- in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
2060-AH37 Review of New Sources and Modifications in Indian Country
7060 AN43 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AA58 Follow-Up Rules on Existing Chemicals
2070-AD25 Voluntary High Production Volume (HPV) Chemical Challenge Program
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Organizations
2008-AAOl Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
2040-AC13 National Primary Drinking Water Regulations: Aldicarb
A P4S Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as Minefill
- in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model state plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
- Based Paint Hazards in Target Housing
2070-AD53 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
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D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993 (58 FR
51735) and the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the
effects of Federal regulations on State, local, and tribal governments. In keeping with these efforts,
agencies include in their submissions for the Unified Agenda information on whether their regulatory
actions have an effect on various levels of government. See also Index E for entries that may have
"federalism implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4,
1999 (64 FR 43255).
The following index lists the regulatory actions in this publication that may have effects on State, local,
tribal, or Federal levels of government. The Regulatory Identifier Number (RIN) of the entry identifies the
location of the entry in this edition.
State
2020-AA47
2025-AA19
2025-AA16
2025-AA17
2040-AE69
2040-AE91
2040-AE95
2040-AE98
2040-AE80
2040-AE87
2040-AE93
2040-AC93
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AE77
2040-AA94
2040-AC13
2040-AD94
2040-AD40
NPDES Program Management Information Rulemaking
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2)
Geologic Sequestration (GS) Wells
Concentrated Animal Feeding Operation Rule
Implementation Guidance for Mercury Water Quality Criteria
NPDES General Permit for Discharges Incidental to the Normal Operations of a Vessel
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean
Water Act Test Procedures
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
NPDES Applications Revisions
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
Availability of and Procedures for Removal Credits
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Underground Injection Control: Update of State Programs
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2040-AE86
2040-AE61
2040-AE99
2050-AG49
2050-AG43
2050-AE87
2050-AD75
2050-AG45
2050-AG34
2050-AG39
2050-AG16
2050-AG37
2050-AE17
2050-AG20
2050-AE51
2050-AG24
2050-AG48
2050-AG22
2050-AG40
2050-AE23
2050-AE81
2050-AF01
2050-AG46
2050-AG29
2050-AG15
2050-AG31
2060-AO19
2060-AO48
2060-AO72
2060-AI62
2060-AO11
2060-AN33
2060-AM44
Water Transfers Rule
Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula
Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities Compliance Dates
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
National Priorities List for Uncontrolled Hazardous Waste Sites
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Products as Minefill
in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements
for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
CERCLA—Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal
Waste at Farms
Amendments to Emergency Planning and Community Right-To-Know Act
Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Expanding the Comparable Fuels Exclusion Under RCRA
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To
Incorporate the Provisions of the Energy Policy Act
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
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)
Definition of Solid Wastes Revisions
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
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2060-AM87
2060-ANOO
2060-AN65
2060-AN93
2060-AO13
2060-AO23
2060-AO58
2060-A096
2060-APOO
2060-AP30
2060-AN28
2060-AH93
2060-AN83
2060-A074
2060-AK54
2060-AL75
2060-AM45
2060-AM75
2060-AM91
2060-AN17
2060-AN20
2060-AN68
2060-AN75
2060-A002
2060-A031
2060-AP10
2060-AN98
2060-AH01
2060-A047
2060-AN43
2060-AM62
2060-AI97
2060-AL84
NESHAP: Taconite Iron Ore Processing; Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Revisions to the Definition of Potential to Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
NESHAP: Ferroalloys Production—Area Source Standards
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Amend Methods 20la and 202 To Improve Measurement of PM2.5
Implementation of the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart 1
Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
Revisions to the General Conformity Regulations
Review of the National Ambient Air Quality Standards for Lead
Performance Specification 16-Specifications and Test Procedures for Predictive Emission Monitoring
Systems in Stationary Sources
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation, and Project Netting
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
Revisions to Air Emissions Reporting Requirements
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV
Facilities Rule
Revision to Definition of Volatile Organic Compounds-Exclusion of Compounds
Prevention of Significant Deterioration: Refinement to Increment Modeling Procedures
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides
Implement the 8-Hour Ozone NAAQS: Addressing a Portion of the Phase 2 Ozone Implementation Rule
Concerning Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment
Areas
Clean Air Mercury Rule: Federal Plan
Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-
Federal Class I Areas
Review of the National Ambient Air Quality Standards for Particulate Matter
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments
Amendment to Inspection/Maintenance Program Requirements for Federal Facilities
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-AN86
2060-AN12
2060-AO95
2070-AJ45
2070-AJ32
2070-AC46
2070-AJ20
2070-AJ22
2070-AJ26
2070-AC51
2070-AA58
2070-AC64
2070-AD64
2070-AJ30
2090-AA34
Implementation of the New Source Review (NSR) Program for PM2.5
Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking for
Georgia for Purposes of Reducing Ozone Interstate Transport
Implementation of the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding Provisions
on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
Pesticides; Reconsideration of Exemptions for Insect Repellents
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Groundwater and Pesticide Management Plan Rule
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Determination of Status of Prions as Pests
Asbestos Model Accreditation Plan Revisions
Follow-Up Rules on Existing Chemicals
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
Based Paint Hazards in Target Housing
Nanoscale Materials Under TSCA
RCRA Incentives for Performance Track Members
Local
2040-AE69
2040-AE91
2040-AE95
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AA94
2040-AC13
2040-AD94
2040-AB85
2040-AE61
2050-AG49
2050-AD75
2050-AG39
2050-AG16
2050-AG37
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
NPDES Applications Revisions
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
Availability of and Procedures for Removal Credits
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Shore Protection Act Regulations
Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities Compliance Dates
National Priorities List for Uncontrolled Hazardous Waste Sites
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
CERCLA—Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal
Waste at Farms
-------
2050-AE17
2050-AG48
2050-AG22
2050-AG40
2050-AE23
2050-AE81
2050-AF01
2050-AG46
2060-AO19
2060-AO48
2060-A072
2060-AI62
2060-A011
2060-AM08
2060-AM44
2060-ANOO
2060-AN93
2060-A023
2060-A058
2060-A096
2060-APOO
2060-AP30
2060-AN28
2060-AN83
2060-AK54
2060-AL75
2060-AM45
2060-AM75
2060-AM91
2060-AN17
2060-AN20
2060-AO31
2060-AP10
Amendments to Emergency Planning and Community Right-To-Know Act
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To
Incorporate the Provisions of the Energy Policy Act
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Amend Methods 20la and 202 To Improve Measurement of PM2.5
Implementation of the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart 1
Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
Review of the National Ambient Air Quality Standards for Lead
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation, and Project Netting
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
Revisions to Air Emissions Reporting Requirements
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides
Implement the 8-Hour Ozone NAAQS: Addressing a Portion of the Phase 2 Ozone Implementation Rule
Concerning Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment
Areas
-------
2060-AN98
2060-A047
2060-AN43
2060-AM62
2060-AL83
2060-AL84
2060-AN86
2060-AO63
2060-AO95
2070-AC51
2070-AA58
2070-AC64
2070-AD64
Clean Air Mercury Rule: Federal Plan
Review of the National Ambient Air Quality Standards for Particulate Matter
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments
Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call")
Implementation of the New Source Review (NSR) Program for PM2.5
Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September
20,1994
Implementation of the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding Provisions
on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
Asbestos Model Accreditation Plan Revisions
Follow-Up Rules on Existing Chemicals
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
Based Paint Hazards in Target Housing
Tribal
2009-AAOO
2020-AA47
2040-AE87
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE77
2040-AA94
2040-AC13
2040-AD94
2050-AG49
2050-AG43
2050-AG16
2050-AE17
2050-AG48
2050-AG22
2050-AG40
2050-AE81
Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
NPDES Program Management Information Rulemaking
Implementation Guidance for Mercury Water Quality Criteria
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
NPDES Applications Revisions
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work
Treatment Plants Serving Sanitary Sewer Collection Systems Policy
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities Compliance Dates
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Amendments to Emergency Planning and Community Right-To-Know Act
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
-------
2050-AF01
2050-AG46
2050-AG29
2060-A019
2060-A048
2060-AO72
2060-AO15
2060-AI62
2060-A011
2060-AM08
2060-ANOO
2060-AN65
2060-AN93
2060-A023
2060-APOO
2060-AN28
2060-AH93
2060-AN83
2060-AH37
2060-AK54
2060-AM45
2060-AM75
2060-AM91
2060-A002
2060-AN98
2060-AH01
2060-AO47
2060-AN43
2060-AM62
2060-AN86
2070-AC46
2070-AJ20
2070-AC51
2070-AC64
2070-AD64
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To
Incorporate the Provisions of the Energy Policy Act
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
NESHAP: Portland Cement Notice of Reconsideration
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Air Quality Index Reporting and Significant Harm Level for PM2.5
NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Revisions to the Definition of Potential to Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Prevention of Air Pollution Emergency Episodes
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
Revisions to the General Conformity Regulations
Review of the National Ambient Air Quality Standards for Lead
Review of New Sources and Modifications in Indian Country
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)-Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Prevention of Significant Deterioration: Refinement to Increment Modeling Procedures
Clean Air Mercury Rule: Federal Plan
Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-
Federal Class I Areas
Review of the National Ambient Air Quality Standards for Particulate Matter
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments
Implementation of the New Source Review (NSR) Program for PM2.5
Groundwater and Pesticide Management Plan Rule
Pesticides; Competency Standards for Occupational Users
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
-------
Based Paint Hazards in Target Housing
Federal
2020-AA47
2025-AA19
2025-AA16
2025-AA17
2025-AA02
2040-AE69
2040-AE91
2040-AE95
2040-AE98
2040-AE80
2040-AE93
2040-AC93
2040-AD09
2040-AD39
2040-AC84
2040-AE88
2040-AE77
2040-AA94
2040-AC13
2040-AD94
2040-AD40
2040-AB85
2040-AE61
2050-AG49
2050-AG43
2050-AE87
2050-AD75
2050-AE93
2050-AG16
2050-AG37
2050-AE17
2050-AG20
NPDES Program Management Information Rulemaking
TPJ; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic
Chemicals
Public Information and Confidentiality Regulations
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2)
Geologic Sequestration (GS) Wells
Concentrated Animal Feeding Operation Rule
NPDES General Permit for Discharges Incidental to the Normal Operations of a Vessel
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean
Water Act Test Procedures
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Poly chlorinated Biphenyls
(PCBs) Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
NPDES Applications Revisions
Availability of and Procedures for Removal Credits
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical
Requirements and Consideration of Distribution System Issues
Underground Injection Control: Update of State Programs
Shore Protection Act Regulations
Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities Compliance Dates
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
National Priorities List for Uncontrolled Hazardous Waste Sites
Revisions to the Requirements for Transboundary Shipments of Wastes Destined for Recovery Between the
U.S. and Other OECD Countries and for Export Shipments of Spent Lead Acid Batteries
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
CERCLA—Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal
Waste at Farms
Amendments to Emergency Planning and Community Right-To-Know Act
Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
-------
2050-AE51
2050-AG24
2050-AG48
2050-AG22
2050-AG40
2050-AE23
2050-AE81
2050-AF01
2050-AG46
2050-AG42
2050-AG29
2050-AG31
2060-AO19
2060-AO48
2060-AO72
2060-AH63
2060-AH90
2060-AI62
2060-AO11
2060-AN48
2060-AM09
2060-AN33
2060-AM84
2060-ANOO
2060-AN65
2060-AN93
2060-A013
2060-A023
2060-A038
2060-AO96
2060-APOO
2060-AP30
2060-AN15
2060-AN28
2060-AH93
2060-AN83
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Expanding the Comparable Fuels Exclusion Under RCRA
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To
Incorporate the Provisions of the Energy Policy Act
Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
Definition of Solid Wastes Revisions
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste
Technical Change to Dose Methodology
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Air Quality Index Reporting and Significant Harm Level for PM2.5
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for
Destruction in the U.S.
Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
NESHAP: Defense Land Systems and Miscellaneous Equipment
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Revisions to the Definition of Potential to Emit (PTE)
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
NESHAP: Ferroalloys Production-Area Source Standards
Reconsideration of Stationary Combustion Turbine NSPS (Subpart KKKK)
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Implementation of the 8-Hour Ozone National Ambient Air Quality Standards: Revisions for Subpart 1
Areas and 1-Hour Contingency Measures
Prevention of Air Pollution Emergency Episodes
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding
Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
Revisions to the General Conformity Regulations
Review of the National Ambient Air Quality Standards for Lead
-------
2060-AH37
2060-AK54
2060-AM46
2060-AL75
2060-AM45
2060-AM75
2060-AM91
2060-AN17
2060-AN75
2060-AO31
2060-A071
2060-AP10
2060-A047
2060-AN43
2060-AM62
2060-AI97
2060-AL83
2060-AN86
2060-AP13
2060-AM06
2060-A095
2070-AJ45
2070-AJ32
2070-AD16
2070-AD61
2070-AC46
2070-AJ06
2070-AJ09
2070-AC21
2070-AD30
2070-AJ23
2070-AD49
2070-AD55
Review of New Sources and Modifications in Indian Country
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Debottlenecking, Aggregation, and Project Netting
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
Revision to Definition of Volatile Organic Compounds—Exclusion of Compounds
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides
Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low Sulfur
Diesel
Implement the 8-Hour Ozone NAAQS: Addressing a Portion of the Phase 2 Ozone Implementation Rule
Concerning Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment
Areas
Review of the National Ambient Air Quality Standards for Particulate Matter
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2004
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments
Amendment to Inspection/Maintenance Program Requirements for Federal Facilities
Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Implementation of the New Source Review (NSR) Program for PM2.5
Update of Continuous Instrumental Test Methods: Technical Amendments
Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per
Cylinder
Implementation of the 8-Hour Ozone National Ambient Air Quality Standard: Anti-Backsliding Provisions
on Section 185 Penalty Fees Under Former 1-Hour Ozone Standard
Pesticides; Reconsideration of Exemptions for Insect Repellents
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
Groundwater and Pesticide Management Plan Rule
Testing Agreement for Perfluorooctanoic Acid (PFOA)
HAPs Testing Agreement for Diethanolamine
Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
Pesticides; Data Requirements for Antimicrobials
Pesticides; Tolerance Processing Fees
Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes
Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering From
Sexually Compatible Plants
-------
2070-AD56
2070-AJ20
2070-AJ22
2070-AD14
2070-AJ26
2070-AJ27
2070-AC51
2070-AJ39
2070-AA58
2070-AB79
2070-AB94
2070-AC27
2070-AC76
2070-AD10
2070-AD25
2070-AD44
2070-AJ07
2070-AJ08
2070-AJ10
2070-AJ11
2070-AJ13
2070-AC64
2070-AD64
2070-AD53
2070-AJ37
2070-AJ30
2090-AA34
Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Pesticides; Determination of Status of Prions as Pests
Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
Asbestos Model Accreditation Plan Revisions
Polychlorinated Biphenyls (PCBs); Petitions Seeking a Manufacturing (Import) Exemption for Use
Follow-Up Rules on Existing Chemicals
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Testing for Existing Chemicals (Overview Entry for Future Needs)
Voluntary Children's Chemical Evaluation Program (VCCEP)
Test Rule; Hazardous Air Pollutants (HAPs)
Test Rule; Certain Metals
Voluntary High Production Volume (HPV) Chemical Challenge Program
Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
Testing Agreement for Aryl Phosphates (ITC List 2)
Test Rule; Brominated Flame Retardants (BFRs)
HAPS Testing Agreement for Hydrogen Fluoride
HAPS Testing Agreement for Phthalic Anhydride
Testing Agreement for Maleic Anhydride
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
Based Paint Hazards in Target Housing
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Pesticides; Revisions to Pesticide Container/Containment Rule
Nanoscale Materials Under TSCA
RCRA Incentives for Performance Track Members
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR 43255) directs agencies to
have an accountable process to ensure meaningful and timely input by State and local officials in the
development of regulatory policies that have "federalism implications." This term refers to actions "that
have substantial direct effects on the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the various levels of government." The
following index lists the regulatory actions in this publication that may have federalism implications. The
Regulatory Identifier Number (RIN) of the entry identifies the location of the entry in this edition.
2040-AD39 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
2040-AA94 National Primary Drinking Water Regulations: Radon
F. INDEX TO ENTRIES THAT ARE ECONOMICALLY SIGNIFICANT
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As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy
of $100 million or more or will 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. The definition of an "economically significant" rule is similar but not identical
to the definition of a "major" rule under 5 USC 801 (Pub. L. 104-121).
2040-AE91
2040-AE95
2040-AA94
2050-AG16
2050-AE81
2050-AG31
2060-A019
2060-A048
2060-A072
2060-AM44
2060-ANOO
2060-A081
2060-AN83
2060-AO47
2060-AM34
2060-AM06
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Criteria and Standards for Cooling Water Intake Structures-Phase II Remand
National Primary Drinking Water Regulations: Radon
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power
Producers
Definition of Solid Wastes Revisions
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
Combined Rulemaking for Industrial, Commercial, and Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Renewable Fuels Standard Program
Review of the National Ambient Air Quality Standards for Lead
Review of the National Ambient Air Quality Standards for Particulate Matter
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters per
Cylinder
G. INDEX TO ENTRIES THAT MAY HAVE INTERNATIONAL IMPACTS
This information is intended to indicate whether a regulatory action is expected to have international trade
and investment effects, or otherwise may be of interest to our international trading partners. This data
was added in the fall 2008 Semiannual Regulatory Agenda per the recommendation of the OMB -
Secretariat General of the European Commission joint report to the U.S. - European Union (EU) High
Level Regulatory Cooperation Forum and Transatlantic Council. The report recommended that both the
U.S. and the EU better identify regulations of international interest to our trading partners. This report is
available at OMB's web site.
2050-AG22
2050-AG42
2050-AG31
2060-AN48
2060-A078
2060-AM09
2060-AN30
2060-AN58
National Contingency Plan Revisions To Align With the National Response Plan
Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal
Definition of Solid Wastes Revisions
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for
Destruction in the U.S.
Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl Bromide
Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire
Extinguishing Systems Restricting Use to Only Unoccupied Areas
Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
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2060-A076
2060-AO77
2060-AP11
2060-AM46
2060-AL94
2060-AM49
2060-AM55
2060-AO68
2060-AM54
2060-A075
2060-A044
2060-AP18
2070-AD16
Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the
Significant New Alternatives Policy (SNAP) Program
Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels
Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants
Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under
Section 608 of the Clean Air Act
Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program
Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008
Protection of Stratospheric Ozone: Revision of Refrigerant Recovery-Only Equipment Standards
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
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